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, TUESDAY, MARCH 7, 1995 No. 42 House of Representatives

The House met at 9:30 a.m. and was served for many years on the grievance and I quote at length from an article in called to order by the Speaker pro tem- committee of the Florida Bar which the New York Times dated June 10, pore [Mrs. WALDHOLTZ]. recommended to the bar either disbar- 1988: f ment, suspension, or reprimand for se- The New York Times has examined the rious violations of ethical standards. case against Mr. Wright through interviews DESIGNATION OF SPEAKER PRO Accordingly, I do not take lightly with the House Republican who has been his TEMPORE such complaints against a colleague, main accuser, as well as with the Speaker’s The SPEAKER pro tempore laid be- and in particular, the Speaker of the attorney and legal experts and through a re- fore the House the following commu- House. view of the House rules, transcripts of con- nication from the Speaker: On Wednesday, February 22 of this gressional debate of those rules and other year, I became a signatory, along with documents. WASHINGTON, DC, In the course of that examination, the Congresswomen PAT SCHROEDER and March 7, 1995. Speaker’s primary critic, Representative CYNTHIA MCKINNEY, to a complaint I hereby designate the Honorable ENID G. Newt Gingrich of Georgia and Mr. Gingrich’s WALDHOLTZ to act as Speaker pro tempore on filed with the House Committee on aides said that there were errors and gaps in this day. Standards of Official Conduct against the complaint that he had filed with the Eth- NEWT GINGRICH, Speaker NEWT GINGRICH. ics Committee and that led to the panel’s Speaker of the House of Representatives. The first response to our complaint proceedings, but they said that what was f by the Speaker was communicated most important was a full inquiry into the MORNING BUSINESS through his staff assistant, who, ac- Speaker’s actions, as well as a review of the cording to the Washington Post, ‘‘* * * adequacy of the House rules. The SPEAKER pro tempore. Pursu- accused the lawmakers who filed the The case against Mr. Wright as laid out in ant to the order of the House of Janu- complaint of ‘malicious imbecility.’ ’’ I the complaint is not particularly strong, ac- ary 4, 1995, the Chair will now recog- consider this a rather intemperate re- cording to Mr. Gingrich and his aides. Mr. nize Members from lists submitted by mark, to say the least, and as much as Gingrich said in an interview earlier this the majority and minority leaders for week that the two counts involving oil in- the spokesman is an employee of the vestments had been included in his com- morning hour debates. The Chair will House of Representatives and a surro- alternate recognition between the par- plaint solely ‘‘out of curiosity’’ and that ‘‘I gate of the Speaker, I find his tone and don’t expect them to be actionable items.’’ ties, with each party limited to not to language both offensive and inappro- Let me repeat that 7 years ago, Mr. exceed 30 minutes, and each Member priate. GINGRICH told the New York Times except the majority and minority lead- On Friday of the same week, Mr. that he filed two counts against the ers limited to not to exceed 5 minutes. GINGRICH made the following statement The Chair recognizes the gentleman with respect to our complaint: ‘‘They Speaker of the U.S. House of Rep- from Florida [Mr. JOHNSTON] for 5 min- are misusing the ethics system in a de- resentatives solely out of curiosity and utes. liberate, vicious, vindictive way, and I with no expectation of their being ac- f think it is despicable and I have just tionable. about had it.’’ My compliant against the Speaker of ETHICAL VIOLATIONS: PAST AND I do not plan to discuss the merits of the House on February 22 certainly was PRESENT the complaint against Mr. GINGRICH not conceived out of curiosity and cer- Mr. JOHNSTON of Florida. Madam this morning. I believe that would be tainly does not rise or fall to the level Speaker, until 2 weeks ago, in almost improper, because the matter is now of malicious imbecility, and certainly, 20 years of public service, I had never within the jurisdiction of the Commit- as quoting the Speaker in reference to filed a complaint against a colleague, tee on Standards of Official Conduct. If this compliant, is not offered in a de- even though I twice served on commit- and when there are charges filed liberate, vicious, vindictive way. I tees charged with investigating col- against the Speaker by the committee, would never charge a colleague with leagues for ethical violations in the the full House will sit in judgment of misconduct and the violation of a law Florida State Senate with their cen- these charges. I will comment, how- and ethics, as I have done, without se- sure or dismissal often hanging in the ever, on the history of the Speaker’s rious and conscientious deliberation balance. complaints against a former colleague. and conviction. In 30 years of the practice of law, I It is common knowledge that Mr. Continuing in a historical vein, I never filed an ethics complaint against GINGRICH filed numerous complaints have attached to these remarks a press a colleague, even though again, I against Speaker Jim Wright in 1988, release issued by Mr. GINGRICH through

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 2721 H 2722 CONGRESSIONAL RECORD — HOUSE March 7, 1995 his congressional office, dated July 28, 2. The outside counsel shall have full au- $150 and $200 billion in discretionary 1988. In this press release, Mr. GINGRICH thority to organize, select, and hire staff on cuts as part of his effort to bring about demands that the special counsel ap- a full- or part-time basis in such numbers as a balanced budget. Some might see pointed to investigate House Speaker the counsel reasonably requires and will be provided with such funds and facilities as the that as a difficult or even an impos- Jim Wright be given carte blanche au- counsel reasonably requires; sible task. But a careful and honest as- thority. Let me point out that this spe- 3. The outside counsel shall have full au- sessment of all discretionary accounts cial counsel was appointed under a thority to review all documentary evidence yields heartening news. It can be done, Democratic Congress with the consent available from any source and full coopera- I say. It can be done. There is at least of the then-Speaker, Jim Wright. I tion of the Committee in obtaining such evi- this much nonpriority spending we can quote from this press release: dence; 4. The Committee shall give the outside eliminate. In fact, I would argue that The rules normally applied by the Ethics counsel full cooperation in the issuance of there is much more than $150 to $200 Committee to an investigation of a typical subpoenas; billion. As we move toward the budget Member are insufficient in an investigation 5. The outside counsel shall be free, after of the Speaker of the House, a position which and appropriations process, it is imper- discussion with the Committee, to make is third in line of succession to the Presi- ative that we address the wasteful such public statements and reports as the dency and the second most powerful position spending that bloats our Federal budg- counsel deems appropriate; in America. Clearly this investigation has to 6. The outside counsel shall have full au- et, as everybody knows. As I have done meet a higher standard of public account- thority to recommend that formal charges to for the last 3 years, I have again sub- ability and integrity. brought before the Ethics Committee, shall mitted to the budgetary leaders of both So far, the Speaker of the House, be responsible for initiating and conducting Houses of Congress my annual list of Congressman NEWT GINGRICH, has proceedings if formal charges have been discretionary spending cuts for their failed to respond publicly to three brought and shall handle any aspects of the consideration. These 75 cuts would save charges lodged against him in the Com- proceedings believed to be necessary for a full inquiry; the American taxpayer $275 billion over mittee of Standards of Official Con- 5 years. duct, except in terms of the vernacular 7. The Committee shall not countermand or interfere with the outside counsel’s abil- Madam Speaker, critics of the bal- that I quoted earlier, nor has he con- ity to take steps necessary to conduct a full anced budget amendment contend that sented to the appointment of a special and fair investigation; and it would mandate draconian cuts in en- counsel. It is he who placed himself in 8. The outside counsel will not be removed titlement programs because our discre- the glasshouse 7 years ago. It is he who except for good cause. tionary budget simply just does not has raised the questions of integrity, Gingrich wrote to Chairman Dixon, ‘‘It is offer significant savings. The facts character, and conflict with which we my impression from press reports that the clearly show otherwise. In reality, we now contend, and it is he alone who Ethics Committee has specifically failed to can remove this cloud, not only from meet the Common Cause standard. Further- continue to fund outdated and duplica- more, it is my understanding that the spe- tive programs that operate in the shad- himself, but from the body over which cial counsel cannot go beyond the six areas he now presides. ows serving our bureaucracy and spe- outlined in your June 9, 1988, Resolution of cial interests rather than the American NEWT GINGRICH is third in line of suc- Preliminary Inquiry. This leads me to be- cession to the Presidency, occupying lieve that the special counsel will not be al- people we work for. We desperately the second most powerful position in lowed to investigate the questionable bulk need to shed some light on these an- America. As such, and to quote his own purchases of Mr. Wright’s book, ‘‘Reflections cient programs. The Appalachian Re- words, ‘‘Clearly, this investigation has of a Public Man,’’ as a way to circumvent gional Commission, a Great Society to meet a higher standard of public ac- House limits on outside income. era created as a temporary response to countability and integrity.’’ ‘‘I am particularly concerned that the un- poverty, continues to spend hundreds usual purchases by the Teamsters Union, the GINGRICH INSISTS ON THOROUGH New England Mutual Life Insurance Co., a of millions of dollars annually with lit- INVESTIGATION Fort Worth developer, and a Washington lob- tle discernible impact on the long-term WASHINGTON, DC.—Congressman Newt byist will not be investigated. economic health of the United States Gingrich (R–GA) today insisted that the ‘‘I believe many will perceive this action of America. House Ethics Committee give the special as an attempt by the Ethics Committee to These are probably very worthy counsel appointed to investigate House control the scope and direction of the inves- projects, but I do not think they really Speaker Jim Wright the independence nec- tigation.’’ are getting at the core of poverty and essary to do a thorough and complete job. Gingrich requested a copy of the contract Discouraged by several news reports that arranged between the Ethics Committee and they probably would not compete as special counsel Richard Phelan would be re- Mr. Phelan. He also asked to know the ex- well with other Federal dollars for stricted in the scope of his investigation, tent of Mr. Phelan’s subpoena power. more urgent needs. Only in Washington Gingrich took a series of actions including Gingrich said, ‘‘The House of Representa- could this be construed as a legitimate writing to House Ethics Chairman Julian tives, as well as the American public, deserve response to poverty. The Rural Elec- Dixon (D–CA), forwarding the letter to his an investigation which will uncover the colleagues in the House, and speaking on the trification Administration, which pro- truth. At this moment, I am afraid that the vides electricity for my home in House floor on the need for a truly independ- apparent restrictions placed on this special ent counsel with full leeway in pursuing the counsel will not allow the truth to be uncov- Sanibel, formed in 1935 when only 10 investigation. ered. percent of projects have included fund- In his letter to Chairman Dixon, Gingrich ‘‘The rules normally applied by the Ethics ing for the NASCAR Hall of Fame and wrote: Committee to an investigation of a typical most recently $750,000 toward a new ‘‘I have a number of concerns regarding the Member are insufficient in an investigation football stadium in South Carolina. Ethics Committee’s contract with and in- of the Speaker of the House, a position which structions for the special counsel hired to Rural America had electricity, contin- is third in the line of succession to the Presi- ues to spend billions of dollars subsidiz- conduct the investigation into Speaker Jim dency and the second most powerful elected Wright’s questionable financial dealings. position in America. Clearly, this investiga- ing rural electric and telephone compa- ‘‘First, I am concerned that the scope, au- tion has to meet a higher standard of public nies—this despite the fact that today thority, and independence of the special accountability and integrity.’’ 99 percent of rural America has elec- counsel will be limited by the guidelines the tricity and 98 percent has phones. I Ethics Committee has established.’’ f suggest those who do not have it do not Gingrich agreed with concerns raised by SPENDING CUTS Common Cause Chairman Archibald Cox in a want it. Taken alone, each of these letter to Chairman Dixon earlier this week. The SPEAKER pro tempore. Under programs may not amount to large The Common Cause letter urged the Ethics the Speaker’s announced policy of Jan- costs—but when you start adding them Committee to commit itself to the following uary 4, 1995, the gentleman from Flor- up, going through a whole list of measures: ida [Mr. GOSS] is recognized during projects, you can see why we have a 1. The outside counsel shall have full au- morning business for 5 minutes. budget crisis. thority to investigate and present evidence and arguments before the Ethics Committee Mr. GOSS. Madam Speaker, I read in Unfortunately, programs like these concerning the questions arising out of the last Friday’s Congress Daily that the are the rule rather than the exception. activities of House Speaker James C. Wright, chairman of the Budget Committee in Of course, Government must lead by Jr.; the other body is looking for between example. That is why I have proposed March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2723 also reducing the legislative and execu- our veterans. Just when our veterans’ make it partisan and to politicize for- tive branch appropraition by 20 per- medical centers and medical teams are eign affairs. It is most shameful that it cent, which would save $3 billion over recognizing and attempting to address is done in one of the most troubled the next 5 years. The American people these problems, the Republican-con- areas of the world. Why does he do spoke clearly last November—they trolled House wants to slash funds that this? Because for 21⁄2 years this Nation want to downsize the Government. We would be used to purchase such types has lacked a coherent global vision, a should understand that message. And of equipment as cat scanners, x-rays, global view. that process needs to begin at the top EKG machines, and other vital equip- What are our U.S. national security with Congress and the President. To be ment. Already, due to budget con- interests? When I look across world, I credible, we must not only eliminate straints, the VA is not able to replace see our friends in NATO, the former wasteful spending but we must also be and improve medical equipment nearly Soviet bloc, it is absolutely in the in- willing to look at good programs and as often as the private sector. terests of the United States that the prioritize our limited financial re- Even more shocking is the $156 mil- former Soviet-bloc nations discover sources so we get the most important lion reduction in construction projects. that capitalism and freedom work. served. I do not pretend to think that These funds are targeted for ambula- I see our increasingly important we can correct decades of neglect and tory care facilities—a crucial aspect of trading partners on the Pacific rim abuse overnight. While these 75 propos- the VA’s medical care agenda at a time and, of course, the tinderbox for the als which I offered are not a cure-all, when our aging World War II veterans world, the Middle East. And where are they will hopefully serve as the first are requiring more medical assistance. our troops that are supposed to be the shot in the coming budgetary battle Clearly, this is not the time to cut shield of the Republic and the shield of between the defenders of the status quo back on ambulatory care facilities. our foreign affairs? Our troops are in and those of us who came here to make If the rescissions have been rec- Rwanda, Somalia, Haiti, Cambodia, a difference. ommended by the Republicans on the Macedonia, northern Iraq, hardly a re- The debate is between the habitual committee to offset the costs of the flection of a coherent world view. big spenders in the District of Colum- California earthquake and other natu- The peace process today in the Mid- bia and those newcomers who have ral disasters, it will create another dis- dle East has been carried out without dared to suggest maybe the Federal aster for thousands of our veterans. If United States leadership. This is the Government should stop the waste, these actions are intended to offset the first administration of the last four fraud, and abuse of the precious tax cost of future tax cuts—including cap- that has shown no interest in leader- dollars. There is no one in America ital gains for middle-class families and ship in the Middle East peace process. who has come forward to claim or even affluent investors—it is unconscion- The PLO agreement was reached, not to imply that every Federal dollar able. in the United States, but in Oslo. Of spent is a dollar well spent. On the con- These cuts are ill-considered. The course, the great handshake took place trary, there are tens, if not hundreds, veterans of this Nation have dutifully on the south lawn, but we were not in- of millions of Americans who know we served this country. We owe them the volved until after the agreement had are not handling their tax dollars as same full measure of devotion they been reached. wisely as possible and they are asking gave in protecting this Nation with The Jordanian-Israeli agreements us to do better. There is no excuse for their lives. were bilateral. The agreements were us not to do better. We can start now, f signed on the south lawn, but we were we can start today. I urge my col- not there in the leadership. But lack- leagues to look at my list of spending THE ROLE OF THE ARMS CONTROL ing any domestic agenda this year, the cuts, and if they do not like my list, AND DISARMAMENT AGENCY IN President has decided to weigh in on make your own. There are plenty of INTERNATIONAL AFFAIRS the Middle East and has done so by po- places to cut spending. The SPEAKER pro tempore. Under liticizing it and making it partisan. He f the Speaker’s announced policy of Jan- can do something about this right in uary 4, 1995, the gentleman from Geor- his own administration. Israel is a na- CUTS IN VETERANS’ BENEFITS gia [Mr. LINDER] is recognized during tion that is in a defensive posture, with CALLED CALLOUS AND UNCON- morning business for 5 minutes. armed aggressors all around her, and is SCIONABLE Mr. LINDER. Madam Speaker, this building a defensive ARROW missile The SPEAKER pro tempore. Under past week in a press conference with system for protection to shoot down in- the Speaker’s announced policy of Jan- the President’s Presidential press sec- coming ballistic missiles. We now have uary 4, 1995, the gentleman from Ohio retary, we heard him say that, ‘‘Prime an Arms Control and Disarmament [Mr. STOKES] is recognized during Minister Rabin is calling. I think it is Agency that has been in effect since morning business for 3 minutes. fair for us to say because he is upset 1972—and an ABM agreement—that is Mr. STOKES. Madam Speaker, last and alarmed by the action taken in the negotiating further agreements with week the House Appropriations Com- House of Representatives to cut back former Soviet-bloc nations for reasons mittee voted to drastically cut $206 on funding in the fiscal year 1995 sup- that absolutely escape me. million in funding for programs that plemental bill for debt forgiveness for We are the only Nation that can add serve our Nation’s veterans. I do not Jordan.’’ to the technology required for a bullet think this is the proper way to dem- While he said that, we do not know if to intercept a bullet. We have done onstrate our commitment to individ- that is why Prime Minister Rabin was that with the ERINT missile, called uals who have made the ultimate sac- calling. We have learned that very the PAC–3, built by Rockwell. But this rifice in serving this Nation and pro- often what this White House says has administration, under what I presume tecting our lives and property. no relation to the facts, but that is to be simply bureaucratic inertia, has It is especially callous that these what he said. chosen to limit further technological cuts come from funds earmarked for He further said the President told the advances in this intercept missile tech- medical equipment and ambulatory Prime Minister in candor that we face nology to 3 kilometers per second, pre- care facilities. The Veterans’ Adminis- a very tough audience on Capitol Hill. cisely what we have now. I do not know tration currently has an unmet need of ‘‘This is an example of the tilt toward why we would want to limit any future necessary medical equipment exceed- isolation that you now see in the Re- technology, since there is not a nation ing three-quarters of a billion dollars. publican-dominated Congress.’’ in the world competing with us in this The bill passed by the Appropriations That is vintage Bill Clinton, blame technology, why would we ask them to Committee would increase that unmet the other guy, ‘‘I didn’t do it, I am try- agree with us to limit what we can do? need by at least $50 million. ing to help you, the devil made me do Mr. President, if you want to do How can we even consider such re- it, the dog ate my lunch, the dog ate something about the Middle East and ductions when information we hear my homework.’’ for the future safety of this very vul- daily tells us of new and emerging med- Madam Speaker, the President’s en- nerable friend in this troubled part of ical conditions being experienced by trance into the Middle East is to first the world, abolish the Arms Control H 2724 CONGRESSIONAL RECORD — HOUSE March 7, 1995 and Disarmament Agency, get out of You know, many of us have accused The sum $4,400 is a lot of money no ABM, and let her protect herself. the Appropriations Committee of using matter what line of work you’re in. f a hatchet or a meat ax to make these Regulatory actions like this can only cuts when a scalpel would have been end up hurting consumers. This is par- VETERANS’ RESCISSIONS better. Well, it turns out that VA sur- ticularly the case when this Nation is The SPEAKER pro tempore. Under geons will not even be using scalpels trillions of dollars in debt, and we are the Speaker’s announced policy of Jan- pretty soon, since the Republicans will spending the money hard-working uary 4, 1995, the gentleman from Illi- not let them buy any new ones. As I Americans send to us on OSHA non- nois [Mr. GUTIERREZ] is recognized dur- said earlier, these Republican rescis- sense like this. ing morning business for 3 minutes. sions are really a retreat. But, Madam Speaker, some people Mr. GUTIERREZ. Madam Speaker, When they were young, these veter- continue to believe that our regulatory you know, we keep calling these cuts ans were sent overseas, to lands far reform efforts are wrong-headed. They rescissions. But let us face it. These from their home. And if they wanted think that all our regulations are fine are not rescissions, but rather a re- to, these service men had plenty of rea- and wonderful. Some people just do not sons to retreat. But rather than retreat treat, a retreat from recent promises get it. In this Sunday’s Washington from battle, they endured. Rather than to fund programs during this fiscal Post, Jessica Matthews wrote that our shirk from duty, they stood up for year, a retreat from long-standing regulatory reform package was too promises to serve veterans. And, just principles. I want to encourage this House to show the same determination. drastic and based on false premises. as an army in retreat turns its back Well Ms. Matthews, maybe it is OK and runs, those who support this pack- I want this House to show the same willingness to carry through on prin- with you that OSHA tried to declare age are also turning their backs. ciple. bricks a poisonous substance. Maybe it Obviously, the Appropriations Com- Rather than retreat, I urge the House is OK with you that OSHA wants you mittee has done a disservice to all to muster up the courage to fight, to to get a environmental impact state- Americans affected by those cuts. But, fight for what is right, to fight for, not ment everyday you come to work, and let us consider how shameful it is to do against, the American family, to fight maybe it is OK with you when OSHA a disservice to people who have already for those who fought for us, to reject writes new rules that cost an industry given their service to this country. this rescission package. $2 billion but produce no measurable That means America’s veterans. These f improvement in worker safety. Or cuts are financing 14 years of failed, maybe it is OK with you that regula- phony, fiscal policy from the GOP—two OSHA’S NIGHTMARES tions in this country cost us $500 bil- sets of Republican budget-busters that The SPEAKER pro tempore. Under lion annually—nearly $10 thousand for are squeezing working families like a the Speaker’s announced policy of Jan- the average family of 4—maybe that is vice. uary 4, 1995, the gentleman from Geor- OK with you, but it is not OK with me, In 1981, a Republican President began gia [Mr. NORWOOD] is recognized during and it is not OK with the American to cut taxes for the wealthy and build morning business for 5 minutes. people. up our defense. And in 1995, a Repub- Mr. NORWOOD. Madam Speaker, I lican Congress wants—sound famil- OSHA is one agency that has turned have for you today a couple of OSHA a reasonable and important mission iar?—to cut taxes for the wealthy and nightmares which illustrate OSHA’s build up our defense. To quote that into a bureaucratic nightmare for the overbearing enforcement policies. Al- American economy. Common sense was same Republican President, ‘‘there though OSHA eventually dropped the they go again.’’ long ago shown the door at OSHA. charges in both cases, I think they still OSHA is one agency that needs to be Let us see how flawed these rescis- provide valuable insight into the men- sions are. restructured, reinvented, or just plain tality of an out-of-control agency. removed. Just look at the decision to cancel In the first OSHA nightmare, a improvements at the VA hospital in Maine dentist, Dr. Jeffrey Grosser, was f San Juan, Puerto Rico. Now I do not fined $17,500 as the result of an OSHA know whether any member of the Ap- office inspection. The fines included an SPENDING CUTS? NOT WITH MY propriations Committee has traveled to $8,000 infection control citation and a VOTE the facility in San Juan. But I have. I $7,000 citation for improper hazardous The SPEAKER pro tempore. Under can speak firsthand of the overcrowd- materials information and training. ing and long delays as patients try to the Speaker’s announced policy of Jan- OSHA charged that Dr. Grosser’s em- uary 4, 1995, the gentleman from Mas- access the services supposedly avail- ployees ‘‘were exposed to the hazard of sachusetts [Mr. OLVER] is recognized able to them. I can attest to the urgent being infected with hepatitis B and/or during the morning business for 3 min- need for the proposed renovation of the HIV through possible direct contact utes. hospital. But rather than break ground with blood or other body fluids.’’ How- Mr. OLVER. Madam Speaker, in just on a new veterans’ facility, the Repub- ever, Dr. Grosser’s only employee is a a couple of weeks we are going to be licans would prefer that we break a receptionist who does not work with promise. patients. For that, Dr. Grosser incurred beginning debate on the cornerstone of And, it is not just happening in San an $8,000 infection control fine. the Republican Contract on America, Juan, but at 5 other facilities in the So what, you may ask did Dr. Grosser and that is a tax cut of $200 billion over VA system affected by these cuts— do in the case of the $7,000 fine? 5 years. Never mind that those tax cuts areas where more than 1 million veter- In this instance Dr. Grosser was are going to add to the deficit, never ans reside. Furthermore, these cuts charged $7,000 for not providing hazard- mind that these tax cuts make bal- show that these rescissions are not just ous materials information and train- ancing the budget harder. But let us an abandonment of compassion, but an ing. examine what these tax cuts actually abandonment of reason. That is be- What were the hazardous materials do. cause, rather than produce the great in question? In this first chart that I have here, savings that the Republicans so grand- Chemical developer used in a self- this chart shows who benefits from the ly advertise, these rescissions would contained x-ray machine and bleach tax cuts. If you look at this, 50 percent cancel exactly the kind of services— used to mop the floor. That’s right, or- of the tax cuts go to 10 percent of the like outpatient care—that rein in the dinary household bleach. families, with over $100,000 of income escalating costs of medical care. Madam Speaker, in the second OSHA per year—50 percent of the cuts to 10 In addition, I want to state two sim- nightmare, Dr. Steven Smunt was fined percent of families. ple facts about outpatient care, or am- $4,400 for citations that included re- At the lower end, the first two cat- bulatory care: first, it saves lives; sec- moving his eyeglasses when admin- egories, which represent 71 million ond, it saves money. You would think istering anesthetic to a child, and inad- families or two-thirds of all families in that the Republicans would at least equately labeling a first-aid kit that the United States, they get less than 20 care about one of those facts. had a ‘‘first-aid’’ sticker on it. percent of the tax cuts. March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2725 Well, if that is a little bit difficult to ing in 55 percent more families being With $200 billion deficits projected understand, then let us look at this assisted today than in 1980. into the next century, it isn’t enough chart instead. On this chart, this shows Has this dramatic growth solved the to just consolidate many little pro- how much each family gets. Families problem? No. Today, after HUD’s budg- grams into a few big programs. We with more than $200,000 per year of in- et has grown by over 400 percent in 15 have to reduce the size of Government come would get, on average, $5,000 of years, only 30 percent of the families overall. We need to eliminate entire de- tax reduction. And 49 million families, eligible to receive housing assistance partments. We need to abolish HUD. about 45 percent of all Americans, that are doing so. It is time to admit that Uncle Sam have under $30,000 of income per year, And what kind of housing are they makes a lousy landlord and end this 30- they would get on average $57 a year, receiving? The 1992 report on severely year experiment in socialist domestic or about $1 per week would be their distressed public housing found many policy. As Bill Clinton said in his State share of this tax cut. public housing residents afraid to leave of the Union Address, ‘‘The old way of Now, they claim they are not going their own homes due to prevalent governing around here actually seemed to make the deficit larger, so we are crime while others were living in de- to reward failure.’’ caying conditions that threatened going to be debating this next week the Let us stop rewarding HUD’s failure their safety and health. so-called rescissions bill, a $17 billion by abolishing HUD and eliminating the According to HUD’s own statement rescissions bill. unnecessary bureaucracy. The alter- of principles issued January of this Well, Madam Speaker, in NEWT GING- year, ‘‘the rigidly bureaucratic, top- native is to continue investing in in- RICH’s America, Republican will cut in- down, command-and-control public stant ghettos and Federal bureaucrats. fant mortality prevention and prenatal That’s a solution we have tried for 30 nutrition and children’s foster care and housing management system that has evolved over the years has left tens of years, and it just has not worked. safe and drug-free schools for children, thousands of people living in squalid education for disadvantaged children, f conditions at a very high cost in wast- and domestic violence prevention and ed lives and Federal dollars.’’ shelters for homeless families. But VA RESCISSIONS Three decades of HUD and home- they will not do it with my vote. ownership is down, homelessness is up, The SPEAKER pro tempore. Under Next week, in NEWT GINGRICH’s and millions of low-income Americans the Speaker’s announced policy of Jan- America’s these radical-right Repub- are condemned to live in substandard uary 4, 1995, the gentleman from Vir- licans will cut vocational and technical housing which would be unacceptable if ginia [Mr. SCOTT] is recognized during education and Americorps, the Na- it were owned by anyone else. morning business for 3 minutes. tional Community Corps, school drop- Say’s Law indeed. Mr. SCOTT. Madam Speaker, the out prevention, college scholarships Quite simply, HUD has failed its mis- strength of our national defense has al- and summer jobs. But not with my sion of providing decent, low-income ways depended not only on the size of vote. housing to America’s poor. On the our armory, but in the people who And next week, in NEWT GINGRICH’s other hand, it has done an excellent job serve. Stock piles of bullets, bombs, America, these Republican extremists of providing jobs to over 4,000 Washing- and ships are of no use without the will cut rental assistance for low-in- ton bureaucrats who oversee the hun- brave men and women who are willing come families and public housing dreds of programs within the Depart- to put aside personal hopes and dreams maintenance and safety and home ment. for a time to serve the common good. heating assistance for 6 million Amer- For these reasons, I have introduced We owe a tremendous debt of gratitude ican families, every one of who happens legislation to abolish HUD by January to these Americans; and one of the to lie in this lower category. But not 1, 1998, and consolidate its needed ex- ways we have done this is to provide with my vote. isting programs into block grants and health care services to our veterans. In NEWT GINGRICH’s America, to go vouchers. Unfortunately, these services are now back to this we are going to take $16 If it is truly the job of government to billion of cuts, over $300 for every sin- the subject of proposed budget cuts. subsidize low-income housing, then The rescissions that target Veterans’ gle family in this category, and trans- let’s do it without the middle man. fer it to families in this category. hospitals, and more specifically remove Rent vouchers allow low-income people funding for ambulatory care facilities f to choose their own home, rather than at Veterans’ hospitals, will reduce ac- have some bureaucrat choose it for cess to general health care for our vet- DEPARTMENT OF HOUSING AND them. Block grants give money di- erans, and will make it more difficult rectly to the States and local govern- URBAN DEVELOPMENT ELIMI- to deliver important preventive health ments—that much closer to the tax- NATION ACT OF 1995 care services at these facilities. payers who pay the bills. The construction of the ambulatory The SPEAKER pro tempore. Under These reforms are in line with the facility at the VA hospital in Hampton, the Speaker’s announced policy of Jan- recommendations recently outlined by VA is also considered a top priority by uary 4, 1995, the gentleman from Colo- HUD itself. The administration’s own rado [Mr. HEFLEY] is recognized during reform plan proposes eliminating all the 177,000 patients that currently re- morning business for 5 minutes. direct capital and operating subsidies ceives its services. As the fourth oldest Mr. HEFLEY. Madam Speaker, to existing public housing authorities hospital in the system, the VA Medical French economist Jean-Baptiste Say is and converting these funds to rent cer- Center in Hampton provides outpatient famous as the author of Say’s Law, tificates. and inpatient care to veterans who sometimes summarized as ‘‘Supply cre- For years, conservatives and liberals have defended our country in its time ates its own demand.’’ In economic cir- alike have been championing similar of need. This veterans’ facility and the cles, this law is still the subject of de- reforms, and it’s good to see the cur- others across the country are able to bate. rent administration jumping onboard. return the favor by meeting health Here in Washington, however, the De- On the other hand, the administra- care needs of these dedicated veterans. partment of Housing and Urban Devel- tion’s effort falls short of the bottom The six projects under attack in the opment has been proving Say’s Law for line. Bill Clinton proposed to consoli- GOP rescissions, are not new projects. the past 30 years. We keep increasing date HUD’s 60 public housing programs Several have been under consideration spending on public housing, and the into three general funds. He then re- for congressional funding since 1989. problem just gets worse. quested an increase in HUD’s budget. The funding has been approved in the Contrary to popular belief, housing Madam Speaker, America’s poor do past. It is only now, as the new major- assistance was not cut during the not just suffer from a surplus of bu- ity looks for ways to finance tax cuts, Reagan years. Discretionary Federal reaucrats telling them where to live that the ambulatory care facilities are assisted housing outlays have grown and what to do. They also suffer from at risk. from $165 million in 1962 to $5.5 billion excess government that destroys jobs Mr. Speaker, the veterans who use in 1980 and $23.7 billion in 1994, result- and opportunity. these facilities are not wealthy, or H 2726 CONGRESSIONAL RECORD — HOUSE March 7, 1995 even middle class in some cir- gress is something, again, that the When we have conference committee cumstances. The services they receive Founding Fathers had not envisioned. meetings and we have other opportuni- at the VA hospital constitute their sole Back years ago, we had a situation ties to debate the issues of the day access to health care. As we move from where Members came here for a very with the Senate, they will have the inpatient care to primary care in the brief period of time at the beginning of more experienced Members in the general delivery of health care, it is the year, as in Senate legislatures, and room, they will have a tougher staff important that we continue to offer serve for a couple of months, go home, situation, and the House will be weak- similar services to our veterans. These and not come back again for another ened. That is not good public policy. preventive services reduce the need for year. At the same time, Members I also happen to think that 6 years is costly inpatient services. In the long served rarely more than two terms as too short. I think you need to be here run, this will go further toward saving Congressmen in the House and they a couple of terms before you are chair- taxpayer dollars than the assorted tax went home and were citizen legislators man of a full committee, you need to cuts being proposed by the majority. in the true sense of the word. be in 6 years before you come into the I call upon my colleagues to vote to Today’s Government is too big for leadership, because this is a full-time restore the funding to the VA ambula- this. We are going to have, for the fore- job right now whether we like it or not. tory care projects when the rescission seeable future, a full-time U.S. House It is a big Government. I think you package is brought to the floor next and Senate doing the will of the public, open yourself, as term limits support- week. These projects make sense, and a job that is intended to be done. But ers, to the critics who oppose term lim- send a clear message that we are com- at the same time what has happened its altogether who will say the staff mitted to our veterans and to their that goes along with this that I think will run this place if you support the 6- well-being. It is the least we can do to is a real problem is that Members are year version. Twelve years in both bod- thank them for their service. becoming increasingly concerned that ies makes a lot of sense to me. f it is a full-time job and a career as But the bottom line is we need, those well. Not all feel that way, but a sub- of us who support term limits, to stick TERM LIMITS stantial number do. We need to take together. Our latest whip check shows The SPEAKER pro tempore. Under the career orientation out of Congress we have about 230 Members openly the Speaker’s announced policy of Jan- and put a finite limit on the length of pledged to support term limits in one uary 4, 1995, the gentleman from Flor- time that you can serve here. form or another, coming out here for a ida [Mr. MCCOLLUM] is recognized dur- The reason why this seems to me to vote next week. It is truly remarkable. ing morning business for 5 minutes. be important is because those who are Two Congresses ago we only had 33 Mr. MCCOLLUM. Madam Speaker, I constantly seeking reelection, viewing Members of Congress willing to openly want to call the attention of our col- it as a career, are inevitably con- support term limits. In the last Con- leagues to the fact that 1 week from sciously or unconsciously going to try gress we got up to 107. In this Congress today the U.S. House of Representa- to please every interest group to get now it appears that we are going to tives will have a historic first. We will reelected. Believe you me, there is an have at least 230 Members saying, have an opportunity for the first time interest group for every proposal that ‘‘Yes, we want term limits in one form in the history of this country to vote comes before Congress and certainly or another,’’ and I hope all 230 and 60 on a term limits constitutional amend- for every spending proposal. That is a more which we need to get to the two- ment, an amendment that would limit good reason why we have not had a bal- thirds to pass the amendment, will be the length of time that Members of the anced budget. here for whatever version emerges on U.S. House and the U.S. Senate may In addition to needing to mitigate final passage, whether 6 or 8 or 12, serve in these two august bodies. the career orientation of too many whatever. I urge all Members to seri- This amendment proposal will have Members of Congress, we need to put a ously consider term limits, remember many variations to be voted on out permanent rule in place, something in it is a historic vote out here next Tues- here, and there are certain preferences the Constitution that would limit the day. that some of us have as to one version power of any individual Member to f or another. I know for one, I have been control a committee or to be involved working for years in an effort to get a as a chairman or been in a powerful po- VETERANS’ ADMINISTRATION 1995 12-year limit on both the House and the sition for too long a period of time. RESCISSIONS Senate. Six 2-year terms in the House Only a term limit amendment can do The SPEAKER pro tempore. Under and two 6-year terms in the Senate. that. the Speaker’s announced policy of Jan- Actually, I prefer that we lengthen the Then, term limits would provide also uary 4, 1995, the gentlewoman from terms in the House and have three 4- a certainty we are going to have new, Connecticut [Ms. DELAURO] is recog- year terms. fresh ideas here regularly, coming for- nized during morning business for 3 Whatever the debate may be over the ward out of the public. minutes. number of years, the important bottom I would suggest to my colleagues who Ms. DELAURO. Madam Speaker, cut- line is that we move along with the oppose term limits and say we need to ting funding for veterans to pay for tax process and get a final passage vote have the experience and wisdom here of cuts to the wealthy is wrong. Clearly, that gets us to 290 and makes a bold Members who are very good and tal- my Republican colleagues from the statement out here. ented, I would say, yes, there are a few, House Appropriations Committee dis- The reason why we need term limits but there are thousands and thousands agree. Last week, under the continued seems apparent to most people. A of other Americans who can replace assault of the Contract With America, record 77 percent of the American peo- those whom we turn out, who could veterans learned that Republicans cut ple favor term limits. Sometimes the come here, serve their country just as $206 million from the Department of poll has been as high as 80 and other well and would serve just as well as Veterans Affairs budget to help pay for times as low as 70. But that is strong those of us who might think a few of tax cuts for the wealthy. support for term limits which has been those Members are very talented who These cuts represent more than just there for years and years and years. are here. money—they represent the breaking of What the American people have seen, I happen to favor 12 years, as I have a solemn promise Congress made with that many in Congress have not admit- said. I think that makes more sense. sick and disabled veterans across the ted to in recent years, is the fact that Twelve years in the Senate and 12 Nation last year. These cuts target we really have become very career-ori- years in the House rather than 6 years some of the most vulnerable groups in ented in this body, in the House par- in the House or 8 years in the Senate or our society—aging World World II and ticularly but, to a large extent in the some other number that is appropriate. Korean conflict veterans and other who Senate as well. My judgment is that if we go with a have sacrificed so much for our Nation. Members here are serving full time, a number different from the Senate and This funding is sorely needed. The way that the Founding Fathers would the House, that we are going to weaken Department of Veterans Affairs has not have envisioned. A year-round Con- this body as opposed to the Senate. been counting on this assistance to pay March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2727 for six critically needed ambulatory for many years. The area currently save the VA medical system and, there- care projects and to replace worn our used for ambulatory care at the San fore, the American taxpayer, millions medical equipment. Juan VA Medical Center provides only of dollars. This was not money unwisely appro- 40 percent of the space required accord- However, by proposing the rescission priated. In the case of the ambulatory ing to VA standards. Therefore, tem- of these six projects, the Republicans care projects, each of these projects porary measures such as converting are sending a very clear message: The have been carefully considered and au- storage space and corridors into clini- health of our Nation’s veterans is not a thorized. Further, they are an essential cal and examination rooms have been priority part of the Department’s plan to move the mode of addressing these chronic Madam Speaker, we owe a great debt away from costly inpatient care to de- space deficiencies for many years. Cur- to our veterans. A reduction in hard livering cost-effective outpatient care; rently, some outpatient clinics and earned medical services to deserving part of the Department’s plan to invest medical interviews are being performed veterans is not the way to pay for a tax taxpayers dollars and make the VA in the hallways and nursing stations of cut for the wealthy and the most medical delivery system more efficient. the facility and exit corridors have wealthy, influential corporations. One of these projects, the West Haven been converted into additional waiting I urge my colleagues from both sides VA Medical Center, is located in my areas, potentially comprising the of the aisle to support restoring this district in West Haven, CT. The West health and safety of both patients and vital funding when this ill-conceived Haven VA Medical Center serves the visitors. rescissions package is brought to the entire Veterans Administration’s medi- After a 15-year struggle by Puerto floor next week. While it is a small re- cal system. It is the site of the Na- Rican veterans, Congress finally appro- ward for the sacrifices our deserving tional Post Traumatic Stress Disorder priated the necessary funding—34.8 veterans have made, it is the very least Research Center and the only VA AIDS million—to finalize the construction of we can do. diagnostic laboratory. Despite its nota- the vitally needed outpatient clinic at ble reputation, the center’s buildings the San Juan Va Medical Center last f are in extremely poor condition. year. The project had already been au- The proposed ambulatory care clinic thorized and $4 million had been appro- PROPOSED BASE CLOSURES IN at West Haven would connect the two priated for its design a year earlier. GUAM main, deteriorating buildings and pro- Puerto Rico’s 145,000 veterans, particu- The SPEAKER pro tempore. Under vide the space that is necessary to re- larly the sick and disabled, celebrated the Speaker’s announced policy of Jan- spond to the number of outpatient vis- this long-awaited achievement, con- uary 4, 1995, the gentleman from Guam its at the hospital which have doubled struction of which is scheduled to since 1984. [Mr. UNDERWOOD] is recognized during begin this year, only to see the House morning business for 3 minutes. Madam Speaker, this, in the words of Appropriations Committee decide to Lauren Brown, a nurse at West Haven, Mr. UNDERWOOD. Madam Speaker, take away all the funds a few months under the Secretary of Defense’s re- is not any way to treat ‘‘* * * vets later. [who] served their country regardless cently released list of base closures to However, the fact that strikes me the be considered by BRAC, Guam is the of party affiliation or which party was most is that these proposed cuts will be sitting in the White House.’’ hardest hit American community on particularly devastating to the VA the list. Four of Guam’s facilities, all In Connecticut, we are lucky. The medical system because the targeted West Haven Project is supported by the from the Department of the Navy, were facilities are all ambulatory outpatient slated for closure or realignment by entire delegation—Republicans and care facilities. The rescissions come at Democrats alike. It is my hope that the Department of Defense, affecting a time when the VA is involved in the some 2,700 civilian and 2,100 military Members will follow the example Con- effort of shifting from hospital inpa- necticut has set and stand in support positions. In terms of total personnel tient care to outpatient and non insti- affected, Guam is targeted for more re- our veterans by restoring funding for tutional care settings, which is in the Veterans’ Administration. ductions than such large States as keeping with the new general trend in California, Virginia and New York. Madam Speaker, our obligation to providing medical care throughout the our veterans must be kept. These cuts The proposed reductions could be Nation. The purpose is not to put pa- are mean-spirited. They do not save devastating to Guam’s economy. The tients in the hospitals, but to keep money. They must be reversed. When reductions represent between 5 and 10 them out of hospitals. there cuts are debated on the floor next percent of the entire work force on In the words of Veterans Affairs’ week, I urge my colleagues to support Guam, and as much as a quarter of Committee Chairman BOB STUMP—and an amendment that will restore this Guam’s economy could be adversely af- I will quote from his February 28, 1995, crucial funding to the Department of fected. Let me repeat: up to 10 percent letter to Appropriations Committee Veterans Affairs medical construction of the entire work force will be thrown Chairman BOB LIVINGSTON— and equipment accounts. out of work. And these are the DOD’s The particular projects selected for rescis- f own figures, not my estimates. To put sions by the subcommittee—VA/HUD Appro- it in perspective, if this magnitude of VETERANS RESCISSIONS priations—are unfortunately the type of cut were undertaken in California, al- projects the Veterans’ Affairs Committee has The SPEAKER pro tempore. Under been encouraging the VA to pursue. It is my most 1.5 million jobs would be affected. the Speaker’s announced policy of Jan- strong belief, shared by veterans and their But these types of reductions did not uary 4, 1995, the gentleman from Puer- service organizations, that giving greater occur in California. In fact, according to Rico [Mr. ROMERO-BARCELO´ ] is rec- priority to ambulatory care projects is clear- to testimony by the Secretary of the ognized during morning business for 3 ly the right approach to improve service to Navy Dalton yesterday, four bases in minutes. veterans. California were spared because of the Mr. ROMERO-BARCELO´ . Madam Mr. STUMP went on to conclude—and potential economic impact. Does any- Speaker, last Thursday, the House Ap- I once again quote—that ‘‘in striking one doubt whether they even consid- propriations Committee voted to cut contrast to the needs the VA faces, ered the economic let alone the human six Veterans’ Administration ambula- these cuts move VA in the wrong direc- impact of their cuts on Guam. tory clinic projects totalling $156 mil- tion.’’ To compound the job loss, the Navy lion and $50 million in medical equip- The Department of Veterans Affairs is trying to have it both ways. They’re ment purchases which already face an has consistently ranked the six tar- closing down facilities, saying they $800 million backlog. geted ambulatory projects as the ones don’t need them, and at the same time One of these projects happens to be with their highest priorities. They are holding on to all the assets in case the San Juan Veterans’ Affairs Medical an integral part of the Department’s they need them in the future. Under Center Outpatient Clinic addition, a effort to move away from costly inpa- the proposal to close the ship repair fa- project designed to address a 15-year tient care and provide more accessible, cility, or SRF, the Navy would not problem of severe overcrowding at the cost effective and efficient outpatient transfer the piers, floating drydocks, facility. Considered as a VA priority care. Ultimately, all these projects will its typhoon basin anchorage, floating H 2728 CONGRESSIONAL RECORD — HOUSE March 7, 1995 cranes and other equipment to the going to close these facilities is to give It is a national disgrace that Republicans cut local community. Similarly, they the local community the tools to re- these funds to provide better care for veter- would retain all the pier space with the cover from the loss. ans. The list obviously was quickly and closure of a number of naval activities Since the Navy has taken the easy thoughtlessly compiled. Our Nation's veter- at the naval station. way out by making a wishywashy deci- ansÐmen and womenÐwho have been called Their decision would be like moving sion, it is now up to BRAC to decide. upon to put their lives on the line in remote all the troops out of Fort Ord, but hold- Madam Speaker, I urge BRAC to parts of the world and under the most difficult ing onto the base. They cannot and make the right decision. conditions. If they survive this ordeal, they should not have it both ways. Either f should at least be able to have good care they retain the facilities or turn them when they return to the United States. over to the local community so that SAVE FLORIDA VETERANS These canceled projects prevent us from Guam can recover the job losses. This PROJECTS expanding our outpatient services, a national schizophrenia will leave our commu- The SPEAKER pro tempore. Under trend in health care delivery, and making our nity in a straitjacket without the tools health care system more efficient and cost ef- for our own economic survival. If the the Speaker’s announced policy of Jan- uary 4, 1995, the gentlewoman from fective. These canceled projects are aimed at Navy closes down these facilities and one of the most fragile groups in our societyÐ Florida [Ms. BROWN] is recognized dur- retains the assets we will be left with aging World War II and Korean conflict veter- no access to the waterfront and a few ing morning business for 2 minutes. Ms. BROWN of Florida. Madam ans. These and all veterans should expect empty buildings. This does not bode and receive good care. If we cannot protect well for forming a successful reuse plan Speaker, last week the Republican members of the House Committee on them at their time of need, how can we ask when we cannot even be given the op- them to stand in harms way to protect us? portunity to use our own resources. Appropriations voted to rescind $206 According to recent statements by million in the VA’s budget for this f the Secretary of Defense William Perry year. These funds were intended for six VA facilities and medical equipment to SUPPORT AN AMENDMENT TO THE and other officials in the Pentagon, the RESCISSIONS BILL decision to pull back from Guam was provide better health care for our Na- opposed by some high ranking uni- tion’s veterans. The SPEAKER pro tempore. Under formed officers, including the Com- Of these six projects that were cut, the Speaker’s announced policy of Jan- mander in Chief, Pacific Command, two were in the Florida, Gainesville uary 4, 1995, the gentleman from Mis- Adm. Richard Macke. Apparently, Ad- ambulatory care unit that has been on sissippi [Mr. MONTGOMERY] is recog- miral Macke indicated that without the list for over 18 years, and one in Or- nized during morning business for 2 Guam, the Navy will be forced to count lando that is a win-win situation, an minutes. on foreign facilities in Japan to meet example of how Government works Mr. MONTGOMERY. Madam Speak- their needs and would lose the most well. er, I want to thank the gentlewoman forward deployed U.S. military base on When the Base Closure Commission from Florida [Ms. BROWN] and the gen- American soil in the Pacific. The CINC recommended closing the naval train- tleman from Guam [Mr. UNDERWOOD] understands the big picture and the ing facility, the Department of De- for giving me part of their time. need for Guam as a strategic base. fense, along with Veterans’ Affairs, Madam Speaker, I rise to support, However, the computer model used by worked together to turn that facility and I hope all Members would support, the Pentagon did not consider these over to the veterans who really needed an amendment to the rescissions bill. implications. the facility in the Orlando area. The This amendment would restore the $206 Computer models, bean counters, and amount of this funding was $14 million. million for veterans’ programs which technocrats did not consider such fac- There could be no backing down on this the Committee on Appropriations pro- tors as reliability, loyalty and the matter. A vote to keep our veterans poses to rescind. long-term effect of these closures on projects is a vote to keep our promise Madam Speaker, I hope the Commit- our position in the Pacific. Apparently to our veterans. tee on Rules will permit us to offer a suits in the Pentagon overruled some These cuts targeted at veterans are clean amendment to restore these of our uniformed military personnel another example that the Republican funds. who understand the need to maintain ‘‘Contract With’’ is a ‘‘Contract on The six VA projects which the com- an SRF in Guam. America,’’ and a Contract on American mittee has recommended be canceled A more logical approach than the one veterans. are needed in order to improve access taken in the Secretary’s recommenda- Madam Speaker, one project was for a $14 to necessary outpatient care in an area tion would be a joint use agreement million project to allow the VA to relocate from where over 1 million veterans reside. with the local government. Under such its present location to the Orlando Naval Rather than producing real savings, an arrangement, the Government of Training Center hospital, identified for base the proposed rescissions would tend to Guam could act as a corporate operator closure, for use as a satellite outpatient clinic have the opposite effect because they of the major facility, SRF. The Navy and a 120-bed nursing home facility. would cut projects aimed at making would then pay the government of The existing outpatient clinic in Orlando is a VA health care delivery more cost-ef- Guam to operate the facility and retain disgrace. It lacks sufficient examining rooms, fective. access to it in times of crisis. In this waiting areas, and bathrooms. There is no pri- As the President of the United States way, the equipment and quality of vacy for examining women veterans and park- said yesterday, ‘‘These cuts would work force is maintained and used for ing is severely limited. These veterans in east harm those veterans who most need commercial use but the Navy does not central Florida have already waited too long the Nation’s help.’’ Enacting this have to pay for the entire cost any- for access to a quality health care facility. measure would contradict the Speak- more. It makes good economic sense by The other funds were $17.8 million for a VA er’s assurance to me in January that saving the Navy money and giving the ambulatory care addition in Gainesville. Funds Congress would not cut veterans’ pro- local community the economic tools to have already been obligated for the Gaines- grams. survive. ville ambulatory care addition. In fact, last Madam Speaker, in some parts of the If this approach is rejected and BRAC week the VA announced a contract award for country the VA really does not have decides that Guam is not needed as a the project. This project has been identified by the proper health facilities to meet the forward deployed base then the Navy the VA as critically necessary to relieve out- veterans’ needs. I am told that the must turn over the assets and land patient overcrowding problems. Lack of space clinics are too small. For example, in upon completion of the closure. Other- prevents the medical center from offering care Puerto Rico eye doctors are forced to wise, there is no way that the people of in a timely manner. This Gainesville project perform eye examinations in hallways. Guam could possibly recover the 25 per- has been designed to include an ambulatory Many VA outpatient clinics were built cent loss to their economy and 5 to 10 surgery facility in renovated space, along with so long ago that there is no privacy for percent reduction in the work force. facilities for primary care, specialty outpatient women veterans. In most of these older The least the Navy can do if they are care, and women's health. facilities, there is only one examining March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2729 room per doctor. We would like to pro- ANNOUNCEMENT BY THE SPEAKER mittee shell. What is under the State vide two examining rooms for each The Chair announces that there will shell, when they can cut 20 percent doctor, which would facilitate and be 20 1-minutes on each side. from the School Lunch Program and speed up the process. We hope we will transfer it to other programs? f have the support when we offer this The Republicans are playing budg- amendment to restore the $206 million A WELCOME TO BISHOP ROMAN etary shell games with school lunches. cut by the Committee on Appropria- (Ms. ROS-LEHTINEN asked and was They are taking a guaranteed school tions. given permission to address the House lunch for children and subjecting it to the authorization process, to the ap- f for 1 minute and to revise and extend her remarks.) propriations process, and then subject- RECESS Ms. ROS-LEHTINEN. Mr. Speaker, ing it to whatever a State may want to do up to 20 percent. On one hand they The SPEAKER pro tempore. There this morning we were blessed by hear- ing Auxiliary Bishop Augustin Roman promise an increase in funding, on the being no further requests for morning other hand the Committee on Appro- business, pursuant to clause 12, rule I, of the Archdiocese of Miami deliver the opening invocation. My colleagues, priations has been cutting the summer the House will stand in recess until 11 youth jobs and other programs for chil- LINCOLN DIAZ-BALART, BOB MENENDEZ, a.m. dren. Accordingly, at 10 o’clock and 28 and I welcome him. We have recently come to the floor to Are we going to protect the lunch minutes a.m., the House stood in recess program, or are we going to subject it until 11 a.m. remind our colleagues of the great con- tribution that immigrants make to to the Committee on Appropriations f this country. Bishop Roman is another and what they are doing now? Will perfect example. school districts be forced to end pro- b 1100 Bishop Roman arrived in the United grams when massive rescissions bills come down after they have already AFTER RECESS States in 1966, after having been ex- pelled from Cuba by the tyrannical re- bought food? Maybe we should go to The recess having expired, the House gime of Fidel Castro. the kids during the year after they was called to order by the Speaker. In 1979, Bishop Roman became the have already had that luncheon say, f first Cuban in 200 years to be named a you need to give it back. bishop in the United States. The bishop Why is Congress trying to fix a pro- PRAYER holds advanced degrees in theology and gram that has been working since 1946? The Most Reverend Augustin Roman, human resources and serves as director f Auxiliary Bishop of Miami, Miami of the ‘‘Ermita de la Caridad,’’ a shrine to Our Lady of Charity, which he REPUBLICAN CONTRACT WITH Shores, FL, offered the following pray- AMERICA er: helped create. He has been a spiritual Father in Heaven, Lord and Ruler of guide for the people of south Florida (Mr. HOBSON asked and was given all the Earth and its nations; You have during troubled times. permission to address the House for 1 given all peoples one common origin Bishop Roman is also active in seek- minute and to revise and extend his re- and Your will is to gather them as one ing freedom for the Cuban rafters de- marks.) family in Yourself. tained at Guantanamo. Mr. HOBSON. Mr. Speaker, our Con- Look upon this assembly of our na- When called by the local press a hero, tract With America states the follow- tional leaders and fill them with the the bishop humbly responded that ‘‘a ing: On the first day of Congress, a Re- spirit of Your wisdom so that they may bishop, a priest is a servant, not a publican House will require Congress to act in accordance with Your will. hero.’’ This humility and compassion is live under the same laws as everyone Through their deliberations, may they what has made the bishop of one south else; cut committee staffs by one-third, seek to overcome the selfishness that Florida’s heroes, or as he would put it, and cut the congressional budget. We divides our human family and thus its servant. kept our promise. help secure justice for all their broth- f It continues that in the first 100 days, ers and sisters. For it is justice guaran- we will vote on the following items: A teed for all and denied to no one that REMOVAL OF NAME OF MEMBER balanced budget amendment—we kept rightly orders our liberty while accept- AS COSPONSOR OF HOUSE JOINT our promise; unfunded mandates legis- ing Your lordship over us and so RESOLUTION 2 lation—we kept our promise; line-item assures the security of a true and last- Ms. DUNN of Washington. Mr. Speak- veto—we kept our promise; a new ing peace worthy of man created in er, I ask unanimous consent that my crime package to stop violent crimi- Your image and likeness. Amen. name be withdrawn as a cosponsor of nals—we kept our promise; national se- House joint resolution No. 2. curity restoration to protect our free- f The SPEAKER pro tempore (Mr. doms—we kept our promise; Govern- ment regulatory reform—we kept our THE JOURNAL HEFLEY). Is there objection to the re- quest of the gentlewoman from Wash- promise; commonsense legal reform to The SPEAKER. The Chair has exam- ington? end frivolous lawsuits—we plan to com- ined the Journal of the last day’s pro- There was no objection. plete that today; ceedings and announces to the House f Welfare reform to encourage work, his approval thereof. not dependence; family reinforcement Pursuant to clause 1, rule I, the Jour- REPUBLICANS IN THE SCHOOL to crack down on deadbeat dads and nal stands approved. LUNCH PROGRAM protect our children; tax cuts for mid- f (Mr. GENE GREEN of Texas asked dle-income families; senior citizens’ eq- and was given permission to address uity act to allow our seniors to work PLEDGE OF ALLEGIANCE the House for 1 minute and to revise without Government penalty, and con- gressional term limits to make con- The SPEAKER. Will the gentleman and extend his remarks.) gress a citizen legislature. from Texas [Mr. GENE GREEN] come Mr. GENE GREEN of Texas. Mr. This is our Contract With America. forward and lead the House in the Speaker, last night and this last week- Pledge of Allegiance. end we heard the Republican majority f Mr. GENE GREEN of Texas led the defend their school lunch changes. It is REPUBLICAN PROPOSAL TO END Pledge of Allegiance as follows: the great Republican shell game for school lunch. THE SCHOOL LUNCH PROGRAM I pledge allegiance to the Flag of the ´ United States of America, and to the Repub- They promise a 4.5-percent increase (Ms. VELAZQUEZ asked and was lic for which it stands, one nation under God, under one shell, but they do not tell us given permission to address the House indivisible with liberty and justice for all. what is under the Appropriations Com- for 1 minute.) H 2730 CONGRESSIONAL RECORD — HOUSE March 7, 1995 Ms. VELA´ ZQUEZ. Mr. Speaker, 2 No. 10, the bill pays for itself. No. 9, What is a child supposed to do? The weeks ago the Republican Party re- it passed the House last year over- child, I guess, is supposed to pick bet- leased its most extreme proposal. Re- whelmingly. No. 8, no government bu- ter parents before birth. I do not think publicans voted to dissolve the most reaucrats. No. 7, no more Ross Perot that is a good answer. successful child nutrition programs in specials and graphs. No. 6, the Chinese f our schools today—the school lunch are coming. No. 5, it beats all those 1– 900 phone sex calls for your family. No. program. With a 5-year, $5 billion pro- WELFARE REFORM gram cut, the GOP will raise the nutri- 4, the American workers demand it. tional deficit of thousands of school No. 3, Japan hates it. No. 2, it should be (Mr. JONES asked and was given per- age kids. a part of the Contract With America. mission to address the House for 1 Republicans need to understand that And No. 1, David Letterman is abso- minute.) in their callous and inhuman proposal, lutely fed up with those Chinese toast- Mr. JONES. Mr. Speaker, the defend- they will be hurting the most vulner- ers. ers of the old order have been telling us able of Americans—our Nation’s chil- 1–800–Buy–American, H.R. 447, passed for weeks how much they want to help dren. Members of the GOP argue that the House, the Senate did not show the the children. But their idea of helping their program will cut bureaucrats and wisdom. Cosponsor H.R. 447. children is expanding a welfare system will not endanger our children. Well I f that has proven to be a failure—espe- have news for them, cutting school cially for children. LIABILITY LAWSUIT SYSTEM lunches does endanger our children. Consider this recent poll result. How can we prepare our youth for the (Mr. TIAHRT asked and was given When asked, ‘‘do you think children jobs of the 21st century when we deny permission to address the House for 1 are generally better off today or worse them the basic requirements for a minute and to revise and extend his re- off than when you were a child,’’ 60 per- healthy body and sound mind. marks.) cent of all Americans—and 77 percent Members on the other side of the Mr. TIAHRT. Mr. Speaker, America’s of black Americans—said children aisle need to stop playing schoolyard liability lawsuit system has imposed today, were worse off. bully. Their actions are an insult to huge costs on the economy and our so- All you have to do is look around to millions of Americans and their chil- ciety. Even Little League baseball has see that the people are right. And the dren. I urge this body to defeat any ac- not been exempt. Its liabilities insur- welfare system is a large part of the tion against the health and well-being ance rates have climbed 1,000 percent reason why. of our Nation’s kids. in 5 years. So Americans are going to So why do the Democrats fight so have to pay more for their children to hard to save a failed system? f play baseball. I think it has a lot to do with the REFORM FOR THE NEXT I feel safe in saying that if our cur- poverty industry that has grown up GENERATION rent liability system had existed 100 around the Democratic Party. years ago, we would not be flying air- (Mrs. SEASTRAND asked and was The Democrat Party may need pov- planes. And being from the air capital given permission to address the House erty, but America does not. of the world, Wichita, KS, that is a for 1 minute.) It is time to act, Mr. Speaker. It is startling thought. Americans are brave Mrs. SEASTRAND. Mr. Speaker, in time to change a failed system that has and adventurous people. We like to trying to help the least advantaged done irreparable harm to America’s take risks. We have historically been among us, our Federal Government has children. willing to pay the price for progress. instead created a culture of poverty But all we are paying today is the cost f that is destroying the next generation. of frivolous and predatory lawsuits b It created a safety net that works as a brought by lawyers who in many cases 1115 hammock instead of a trampoline. It are only out to protect their fees. CHILDREN AT RISK WITH CUT- created reliance when we wanted self- Mr. Speaker, $300 billion a year. That help. And it started a cycle of depend- BACKS ON SCHOOL LUNCH PRO- is what our system costs Americans GRAM ency when we wanted charity. The cli- each year in higher prices and lost ents of the welfare system have instead wages and in lost jobs. While we need (Mr. SERRANO asked and was given become its victims. to ensure that people with legitimate permission to address the House for 1 Now Congress has the opportunity to grievances have access to the justice minute and to revise and extend his re- change the system. We have the obliga- system, we also need to make common- marks.) tion to reform the system. And we have sense reforms. Mr. SERRANO. Mr. Speaker, let me the moral imperative to transform this f see if I can get this right. The Repub- system of dependency. While others lican approach is to lower taxes for the have come to defend the welfare state, SCHOOL LUNCH rich by taking the school lunch away they have instead declared war on our (Mrs. SCHROEDER asked and was from the children. The contract with children of the next generation because given permission to address the House America is undoing the legend of Robin they don’t recognize this era has raised for 1 minute and to revise and extend Hood. the white flag over the current culture her remarks.) Republicans who were elected last of poverty. Mr. Speaker our welfare Mrs. SCHROEDER. Mr. Speaker, the November never told the voters that system is normally bankrupt and only war on kids just got extremer and they intended to bring pain to the chil- through a mixture of compassion and meaner yesterday. We all know about dren of our country. The mean-spirited tough love will we be able to keep our the war on the lunch program and Republicans continue to set their country from declaring moral chapter paper plates are coming in in the mail sights on attacking those members of 11 and defaulting on the next genera- every day to my office saying please our society who are least able to fight tion—our children. save it, please save it. But yesterday back. f we saw one more step that I really This time they have gone too far and could not believe. the American people are aware of the TOP 10 REASONS FOR SUPPORT OF We saw them take out of the Child all-out assault on children in this 1–800–BUY–AMERICAN Support Enforcement Act a provision country. The Republicans can try to (Mr. TRAFICANT asked and was saying a deadbeat parent could have mislead the people about the Social Se- given permission to address the House their driver’s license taken away. Now, curity cuts but they are not going to be for 1 minute and to revise and extend I think that is amazing. able to hide their attacks on the school his remarks.) As they are taking away a child’s lunch program and the children in our Mr. TRAFICANT. Mr. Speaker, the lunch, they are not at all hesitant to country. top 10 reasons to cosponsor my 1–800– leave a deadbeat parent with their Day after day, Republicans come up Buy–American bill. driver’s license. Heaven forbid. with a new way to hurt helpless little March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2731 children. Are the children a special in- PROTECT BIODIVERSITY AND will pass a capital gains tax break for terest group Republicans want to do ECOSYSTEMS the wealthiest 1 percent of our society. away with? (Mr. GILCHREST asked and was Mr. Speaker, this is extremism. It The voices of the American people given permission to address the House should be rejected. are being heard. Do not hurt the chil- for 1 minute and to revise and extend f dren. his remarks.) GOOD NEWS FOR SENIOR f Mr. GILCHREST. Mr. Speaker, Dr. Norse, chief scientist for the Center for COMMUNITIES CHANGES IN THE LEGAL SYSTEM Marine Conservation, reminds us that (Mr. GOSS asked and was given per- PROVIDED BY THE CONTRACT biodiversity and ecosystems do such mission to address the House for 1 WITH AMERICA things as maintaining climate, remov- minute and to revise and extend his re- ing pollutants from the atmosphere, marks.) (Mr. CHABOT asked and was given building soils to sustain the agricul- Mr. GOSS. Mr. Speaker, this week we permission to address the House for 1 tural industry, and protect coastlines, expect some long-overdue good news minute and to revise and extend his re- and these are essential, all of the for seniors. The Department of Housing marks.) things I just described, to human exist- and Urban Development will release its Mr. CHABOT. Mr. Speaker, this is a ence. new rule defining the ‘‘significant fa- true story. A man in New York tried to Just as our astronauts are absolutely cilities and services’’ requirement for commit suicide by jumping in front of dependent on expensive, engineered life senior communities under the Fair a subway train? He survived, and then support systems to sustain them in the Housing Act. We well remember HUD’s he sued the city for damages, and he cold void of space, what sustains the first attempt to set such standards—a won $1.2 million. entire Earth in the cold void of space is disaster that sparked vigorous and le- This is just the type of case which the life-supporting functions of the gitimate protest from seniors across tells why three-fourths of Americans world’s ecosystems and biodiversity. the country. From what we have seen, say that the current liability lawsuit These things provide the habitat that it appears HUD learned its lesson the system is in need of major repair. all species need, including humans. second time through. I thank all those The American people are sick and Unfortunately, our responsibility for who made themselves heard. It made a tired of our culture of victimization. being stewards of the land often con- difference. The new rule recognizies Murderers go free because they were flicts with our apparent and obvious the unique social and physical charac- supposedly abused as children. A need to produce and consume re- teristics of senior communities. And it woman spills coffee on herself, and sources. will enable existing senior-only com- then she collects millions of dollars in Just as we would never sell the origi- munities to qualify for the exemption punitive damages. nal Constitution of the United States without great expense. It is about time Whatever happened to personal re- or the Chesapeake Bay to foreign in- the bureaucracy acts to alleviate the sponsibility? This is no small matter. vestors for any amount of money, we unnecessary fears and anxiety caused Frivolous lawsuits cost Americans $300 should not sell our biological diversity by the vagueness in current law. I hope billion in higher prices and in lost for a percentage. We must reexamine the millions of Americans impacted by wages, but we are going to reform this our knowledge on these issues. this proposed new rule will take a close system, while ensuring that all those f look and let us know what they think. with legitimate grievances will have access to the justice system. This is SAVE THE SCHOOL LUNCH PRO- f our Contract With America. GRAM; REJECT CAPITAL GAINS TAX CUT UNDER ‘‘LOSER PAYS,’’ WINNERS f TREATED AS LOSERS (Mr. BROWN of Ohio asked and was (Mr. GUTIERREZ asked and was SCHOOL LUNCHES NOT JUST A given permission to address the House for 1 minute and to revise and extend given permission to address the House LUXURY, SAYS MISSISSIPPI ED- for 1 minute and to revise and extend UCATOR his remarks.) Mr. BROWN of Ohio. Mr. Speaker, his remarks.) (Mr. KLINK asked and was given per- yesterday I visited three elementary Mr. GUTIERREZ. Mr. Speaker, the mission to address the House for 1 schools in my district, Hamilton and legal bill we are debating today can be minute and to revise and extend his re- Homewood in Lorain, OH, and Franklin summed up in two words. marks.) Elementary in Elyria. I talked with Loser pays. Mr. KLINK. Mr. Speaker, William students, parents, cafeteria workers, Loser pays. An appropriate phrase for Billups, the Principal at the all black teachers, and administrators about this Congress. Jefferson Elementary School in Jeffer- school lunches. The school lunch pro- Because all across America, people son County, MS, rural, poor, and 85 per- gram, they told me, begun in 1946 by who are winners are being treated like cent black, says that school lunch pro- Harry Truman, is a Government pro- losers. grams are not just a luxury. gram that works. They simply said Hard-working American families who Principal Billups is a Republican, and ‘‘Don’t mess with it.’’ are busy meeting their mortgage and he says he likes a lot of the changes Almost one in three children in the making their car payment and saving that are taking place in Washington Lorain and Elyria public school sys- for school supplies. these days, but ending the Federal tems, middle American cities, cer- Middle income Americans who are School Lunch Program and block tainly qualify for some type of assist- too busy trying to stretch their dollars granting the money to the States is ance in school lunches. That is good, to attend the thousand dollar a plate not his idea of making things better. sound, fundamental policy. It helps the dinners for Republican insiders. Billups calls it a crapshoot. Adding kids, for sure. For some of them it is Loser pays. that you just do not know what they the most nutrition they will get in a Well, to my Republican colleagues, I will do with the money. day. Just ask some of the physicians guess the people who hold the cham- Having watched Mississippi State and nurses in Lorain County whether pagne glasses and wear the designer politics like I have watched politics in they think the school lunch program is dresses at their fundraisers are the my State of Pennsylvania, Billups a good investment. winners, and the people who serve the knows that ‘‘They’ll take a little here I am a budget deficit hawk, but cut- drinks and clean up afterward are the and take a little there. It’ll be politi- ting school lunches for working-class losers. cal.’’ And he adds, we shouldn’t be po- and poor kids, Mr. Speaker, simply But today we have a chance to pre- litical. about food. Maybe we should goes too far. Republican extremists serve the right of Americans to be win- send our Republican friends back to last week, though, increased military ners in court by rejecting the lobbyist- Jefferson Elementary School in Jeffer- spending by $3.2 billion, and Repub- sellout the majority calls ‘‘legal re- son County, MS, to learn that lesson. lican extremists announced that they form.’’ H 2732 CONGRESSIONAL RECORD — HOUSE March 7, 1995 When we do, the losers who pay will It is not easy to be poor, or old, or served as a community leader, and not be American families, they will be sick. And it’s not easy to be over- made an incredible mark on this coun- the lobbyists left alone when the lights looked. Let us not ignore these people try as a leader who recognizes and rep- go out at their party. least able to speak for themselves. Let resented the cities of Alexandria, Lake f us restore funding for LIHEAP. Charles, Lafayette, Monroe, and f Shreveport. THE COMMON SENSE LEGAL RE- Bishop Winbush also is a general FORM ACT WILL RESTORE THE GOP KEEPING ITS PROMISE TO board member of the Church of God in BASIC PRINCIPLES OF LAW CHILDREN Christ, an organization that represents (Mr. WHITE asked and was given per- (Ms. DUNN of Washington asked and over 5 and a half million members na- mission to address the House for 1 was given permission to address the tionwide. Bishop Winbush is also a pub- minute and to revise and extend his re- House for 1 minute and to revise and lic servant. When faced with the prob- marks.) extend her remarks.) lem of crime, community, and family, Mr. WHITE. Mr. Speaker, I would Ms. DUNN of Washington. Mr. Speak- President Clinton requested his pres- like to spend just a couple minutes this er, Republicans are keeping their ence, along with others, to address the morning talking about my second year promises—and that includes the prom- problem within the African-American in law school, not the first year; the ise to help millions of children cur- community. first year we studied the traditional rently forced to live on welfare because I am happy to say this gentleman principles of law and I understood one of their parents has abandoned lives in my community, and I commend those. In the second year we started to them. This Nation’s No. 1 natural re- him today. get into the more recent developments source is its children, and they deserve that we have seen in our legal system, the protection that Republicans offer f and those, frankly, I did not often un- them in our welfare reform plan. derstand. For decades our Nation has seen a CHILD NUTRITION PROGRAMS These are principles, for example, huge welfare bureaucracy continue to INCREASED, NOT CUT that allow someone who is only respon- grow while Congress stood idly by fail- (Mr. NORWOOD asked and was given sible for 10 percent of the damages ing to hold parents accountable for the permission to address the House for 1 caused to someone to be liable for 100 precious children they have brought minute and to revise and extend his re- percent of all the payments that have into the world and then carelessly marks.) to be made. It allows someone who is chose to abandon. We cannot allow this Mr. NORWOOD. Mr. Speaker, that drunk to recover full damages, even tragic status quo to continue. the other side continues to accuse us of though it was his drunkenness or the Under the Republican welfare reform cutting funding for child nutrition pro- fact that he was on drugs that caused bill States will finally get the assist- grams is ludicrous. I voted in commit- his own damages. ance they need to track down deadbeat tee to increase the funding child nutri- Frankly, Mr. Speaker, that is some- parents—especially the 30 percent who thing I did not understand, and 15 years tion programs are receiving, yet people move out of the State often to avoid of practicing law confirmed to me that are calling my office worried that we paying child support. Our proposal will our legal system is dramatically out of are gutting these programs. We are in- help to find these individuals and re- whack. That is why I am so happy to be creasing the funding and eliminating quire them to pay the $34 billion they here today as we debate the Common the wasteful Federal bureaucracy to owe in child support to the children Sense Legal Reform Act. send more money to the States. The they have deserted—children who This act will do many things, but charge that we are cutting funding is might have been kept off welfare if the most important, Mr. Speaker, it will patently false. Mr. Speaker, I would restore the principles that our law used parent had kept his commitment. simply ask that Americans look at the to be based on back to the law today, Mr. Speaker, it is a tough approach facts. It is a fact that we are putting principles of personal responsibility, but a fair one. And, above all else, it is more money in to child nutrition. It is principles of right and wrong. I urge the approach that can save children a fact that our bill dismantles part of my colleagues to vote for it. from falling into the welfare trap of a the Federal bureaucracy. And it is a lifetime of dependence on the Govern- f fact that many Democrats receive sig- ment. nificant campaign contributions from A PLEA FOR RESTORED FUNDING We can end the status quo. Let us Federal bureaucrats every year. All I FOR LIHEAP help States find those deadbeat par- ask is that Americans consider the (Mrs. KENNELLY asked and was ents, and let’s keep our promise to the facts. given permission to address the House children. f for 1 minute and to revise and extend f her remarks.) COMMENDING BISHOP ROY IN OPPOSITION TO CHILD NUTRI- Mrs. KENNELLY. Mr. Speaker, it is LAWRENCE HAILEY WINBUSH TION AND SUMMER JOB CUTS not easy to be poor in this country; it is not easy to be old; and it is not easy (Mr. FIELDS of Louisiana asked and (Ms. JACKSON-LEE asked and was to get through a harsh New England or was given permission to address the given permission to address the House Midwestern winter if you are either. House for 1 minute and to revise and for 1 minute and to revise and extend For that reason, we enacted the low- extend his remarks.) her remarks.) income energy assistance program, or Mr. FIELDS of Louisiana. Mr. Speak- Ms. JACKSON-LEE. Mr. Speaker, I LIHEAP. In fiscal year 1993, more than er, when men look through the halls of hold in my hands the Constitution of 5 million households benefited from time, it is leaders in our community the United States of America, which funding under LIHEAP. More than 70 who literally stand out, those who has in some parts of it the opportunity percent of these recipients have annual shake the very ground on which we for all of us to pursue happiness and to incomes of less than $8,000. walk. establish equality. I simply ask, who is In my own State of Connecticut, not It brings me great pleasure to take working for the children? only are our winters harsh and our this moment to recognize a leader not It is interesting to hear expressions economy in deep difficulty—our fuel only in my State, but a leader in this about how much these block grants costs are disproportionately high. The entire Nation, Bishop Roy Lawrence and these votes will provide more dol- average price of natural gas in Con- Hailey Winbush, who was recently lars for school breakfasts and lunches. necticut is 291 percent higher than it is elected the chairman of the Congress of In fact, they really do not. What they in Alaska. Without LIHEAP, many the National Black Churches, an orga- actually do is cut the dollars, because families may be faced with the starkest nization that has an active participa- they do not take into consideration the of choices: Heat versus gas for the car, tion of over 65,000 churches nationwide. increased need of our children and our or clothes for the children, or a roof Bishop Winbush took this esteemed mothers, who are in fact fighting every over your head. position it will be 40 years ago. He day to survive. March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2733 Mr. Speaker, I rise today to speak federalist at heart and I believe that in section 2 of the Constitution, punch- against the runaway legislative freight States where the State statute is punch. train that threatens to crush the lives stronger than the Federal law that We continue to hear the same thing of millions of America’s children. In State law should prevail. But there are over and over and over, and it just be- particular, as a Representative for the States where the abuses of the judicial gins to make you wonder if you repeat 18th Congressional District in the system have run amuck. it long enough and loud enough, if the State of Texas, I acknowledge that Case in point, Alabama. Steve Flow- big lie might not take effect, might not there are businesses, small businesses, ers is a 13-year veteran of the Alabama actually stick. there are working people, middle class, legislature and chairman of the Insur- The fact is that we are increasing the but I also say that my district has a ance Committee for the Alabama amount of money that goes to School wealth of children who are in fact in House. Lunch Programs. Everybody knows need of school breakfasts and school In 1987 Mr. Flowers was the primary that on both sides of the aisle, includ- lunches. sponsor of Alabama’s legal reform leg- ing when one takes into effect demo- My Republican colleagues indicate islation, but he now strongly favors graphics and changes in population. and are the conductors of the uncon- Federal legislation in this area. What is amazing, though, is that the scionable train. Mr. Speaker, we must Why? Because in 1993 the Alabama same lie would be repeated. So what is realize that we have to stand for the Supreme Court in Henderson versus it all about? Is it not really just about children. We cannot lose $670 million in Alabama Power Company ruled that power and the loss of constituencies my home State of Texas alone between the Alabama legislature did not have and the loss of bases? I think that is now and the year 2000. the authority to impose limits on puni- really what is going on here. Mr. Speaker, let us not cut nutrition tive damages. Clearly those friends of mine on the for our children, let us stand up and Mr. Speaker, in the first 11 months of other side of the aisle have been sup- fight and uphold the Constitution. 1994, juries in Alabama awarded more ported for years and years by the Fed- Mr. Speaker, I must rise today to speak than $170 million in punitive damages, eral employees PAC’s, and that is real- against the runaway legislative freight train not including wrongful death actions. ly what is going on here. that threatens to crush the lives of millions of The time is now for true common- f America's children. sense legal reform. This body must act My colleagues from the other side of the now to turn the tide of lawsuit abuse SUPPORT FEDERAL NUTRITION aisle are the conductors of this unconscion- and pass this measure to protect hard PROGRAMS able train, and they continue to drive that train working Americans from the long arm (Ms. NORTON asked and was given at breakneck speed through this body without of the trial lawyers. any consideration about what and who they permission to address the House for 1 will leave lying bloody on the tracks behind f minute and to revise and extend her re- them. marks.) CONTRACT PUNCHES HOLES IN Ms. NORTON. Mr. Speaker, we are Their agendaÐalready declared immoral by CONSTITUTION Cardinal John O'ConnorÐwill slash child nutri- pedaling backward fast, crushing kids tion programsÐmore than $670 million in my (Mr. WATT of North Carolina asked as we go. Cut the heat at home, cut the home State of Texas alone between now and and was given permission to address lunches at school. There is no escaping the year 2000. the House for 1 minute.) the cuts, kids. And now, as if nutrition cuts were not hor- Mr. WATT of North Carolina. Mr. Have we forgotten the shameful rev- rific enough, the mad conductors of the run- Speaker, when I showed up yesterday elations of hunger and poverty that away train have set their sights on summer with my hole puncher in one hand and produced the American majority for job programs. Bear in mind, these are the the Constitution in the other hand and school lunches, WIC and low income same folks who complain about welfare de- represented that the Contract With energy assistance? What about that pendency and cycles of poverty. Do they not America was beginning to punch holes contract? see, Mr. Speaker, that denying some 600,000 in the Constitution, I got calls yester- Contracts are supposed to be win-win needy young people a summer job will only day saying, ‘‘Are you crying wolf?’’ So propositions. Tax cuts for the wealthy make it that much more difficult for them to I went back and here is the record. paid for with lunch money from kids is get the work experience they'll need to break Line item veto, article I, section 1. a rotten tradeoff. As $5 billion wallop our of poverty? Effective death penalty action, ha- at WIC and child nutrition programs is Mr. Speaker, I fear these Republican con- beas corpus, article I, section 9. child abuse. ductors do not see the damage their runaway National Defense Revitalization Act, If Washington cannot afford to feed train will wreak because they are blinded by this review commission, article II, sec- hungry kids, cash-starved cities like their zeal to cut taxes, with no real focus on tion 2. the District will hardly be able to pick the deficit of working Americans. Exclusionary Rule Reform Act, up the pieces—or the children. It is For the sake of America's children, this train fourth amendment, punched a hole. time we stopped eating our young and must be stopped. Takings legislation, fifth amend- their lunches. f ment, punched a hole, America. f The Contract With America is punch- b 1130 ing holes in our Constitution. As the THE ALTERNATIVE MINIMUM TAX TIME FOR COMMONSENSE LEGAL Speaker comes in here to punch a hole REPEAL ACT OF 1995 REFORM in this contract, they are punching a (Mr. ENGLISH of Pennsylvania asked (Mr. CHRISTENSEN asked and was hole in the Constitution of the United and was given permission to address given permission to address the House States. the House for 1 minute and to revise for 1 minute and to revise and extend f and extend his remarks.) his remarks.) Mr. ENGLISH of Pennsylvania. Mr. Mr. CHRISTENSEN. Mr. Speaker, WHAT IS REALLY GOING ON Speaker, today I am introducing the yesterday this body began the monu- (Mr. HOKE asked and was given per- Alternative Minimum Tax Repeal Act mental task of reforming America’s mission to address the House for 1 of 1995. It is my sincere hope that this legal system. minute.) legislation will provide a starting point Mr. Speaker, for too many years ri- Mr. HOKE. I wonder if that applause for this Congress to consider eliminat- diculous legal judgments have been coming from the other side of the aisle, ing economic distortions caused by the handed down in frivolous lawsuits if those Members who applauded, if Tax Code and encourage new invest- where the only real winners are the perhaps they also voted back on the ment in manufacturing. lawyers. first day of Congress, of the 103d Con- This legislation would repeal the al- Mr. Speaker, some have suggested gress, 1992, to seat delegates, to allow ternative minimum tax that was cre- that we should leave this up to the in- them to vote in the Committee of the ated as part of the Tax Reform Act of dividual States to decide. I am a true Whole in contravention of article I, 1986. This tax is a major impediment to H 2734 CONGRESSIONAL RECORD — HOUSE March 7, 1995 new investment for many capital in- for 1 minute and to revise and extend about our goals for dealing with the tensive and rapidly growing manufac- his remarks.) issue of child nutrition. turing firms in the chemical, elec- Mr. HAYWORTH. Mr. Speaker, I cer- We do not have a cut. We have a 4.5- tronic equipment, energy, metal, tainly have a great deal of affection percent increase. That is very clear. paper, steel, and transportation indus- and admiration for the gentleman who But as my friend from the other side of tries. It is a parallel tax system that preceded me here in the well. I was the aisle just said, we somehow in takes away a portion of a company’s pleased to see that he was back at transferring this to the States will in depreciation deductions if their income school as were many of my liberal fact allow a tremendous cut to take as computed under the alternative Democrat colleagues yesterday. But place. Baloney. There is a provision in minimum formula is higher than their the fact is that with all due respect, this legislation which states that 80 income calculated under the regular my friends should not spend time ex- percent of those funds that are pro- tax system. clusively in the lunchroom, they vided must go toward the nutrition While it was designed and intended to should go back to math class, because program and the requirement also prevent otherwise profitable companies here are the simple facts of this case. states that no more than a 2-percent from escaping taxation altogether We are actually increasing $200 mil- overhead can be provided. through the use of exclusions, deduc- lion in excess of what the President is We are increasing the level of fund- tions, and credits, it has instead re- calling for in school nutrition pro- ing, we are trying to make it more re- sulted in large interest-free loans to grams. We are calling for a 4.5-percent sponsible so that in fact we do not see the Government by companies that ex- increase in these school nutrition pro- what exists today, 20 percent of those perienced real economic losses during grams. Yes, we are asking to fine tune young people benefiting from the pro- the early 1990’s. Congress never in- the responsibility to give the respon- gram coming from homes with incomes tended for companies to incur a perma- sibility to people on the front lines in excess of $50,000 a year. nent increase in tax liability due to fighting the battle, but friends, it is an We want the truly needy to benefit this tax. Put simply, the alternative increase. from this, we are increasing the level minimum tax is not working as it was Only in Washington can an increase of funding for it, and they should quit intended. be called a cut and be called heartless the kind of fear tactics that they are While many members of the House and mean spirited when in fact we are imposing. Ways and Means Committee, on which public spirited trying to get control of f I serve, are very concerned about this this problem, trying to feed the truly tax, by introducing this legislation I needy and trying not to make this a TORT REFORM hope to ignite a broader interest in this crass political issue. (Mr. SAM JOHNSON of Texas asked exact type of much needed tax reform. f and was given permission to address I am pleased to offer this bill to the the House for 1 minute and to revise House. SUPPORT FEDERAL NUTRITION and extend his remarks). f PROGRAMS Mr. SAM JOHNSON of Texas. I will (Mr. WARD asked and was given per- not even address the lies coming from LEAVE THE KIDS ALONE mission to address the House for 1 the other side. (Mr. LEWIS of Georgia asked and was minute and to revise and extend his re- Mr. Speaker, I want to talk about given permission to address the House marks.) tort reforms we are considering this for 1 minute and to revise and extend Mr. WARD. Mr. Speaker, I have a week. They are important to every cit- his remarks.) prepared text for today to talk about izen in this country, so important that Mr. LEWIS of Georgia. Mr. Speaker, child nutrition programs, but I have to each of the 50 States is currently con- yesterday I ate breakfast and lunch react to what we have just been hear- sidering some type of overhaul of their with students at two schools in At- ing. To say that they are not going to own legal system. lanta, Payton Forest Elementary cut these child nutrition programs is In my home State of Texas, Governor School and Thomasville Heights Ele- the big lie, ladies and gentlemen, be- Bush has declared a state of emergency mentary School. Many of these chil- cause if you make a block grant, you to address these reforms and with good dren were receiving these meals take last year’s figure which may be cause. Texas ranked fourth in the Na- through the School Lunch and Break- higher than the year before’s but say, tion in million-dollar verdicts between fast Programs. For some of them it was ‘‘We are not going to raise it in the fu- 1990 and 1993. Lawsuit abuse is out of the first decent meal they had had ture, we are just going to let the States control, so out of control it is crippling since Friday, the last time they were spend it,’’ you are cutting it. businesses, destroying jobs, and costing in school. If you do not take into account eco- every household in Texas $2,700 per Mr. Speaker, it is cold and heartless, nomic downturns, if you do not take year. it is just plain mean, for the Repub- into account what happens in commu- Last year alone in Texas prisons lican majority to deprive these chil- nity after community across this coun- there were 1,000 suits filed by prisoners dren of their school breakfast and try which may be different than what for crazy reasons. One for being licked. lunches. This program is a success. It is happening here, and then have the Yeah, I said licked by a horse while on provides the food necessary for chil- audacity to blame the Democrat sup- a work detail. dren to learn. Children cannot learn on port on our connections with Federal The time has come for my colleagues an empty stomach, they cannot learn if bureaucrats, that is just too absurd for to take a giant step for America and they are hungry. words. answer the plea seen on a billboard in The cost of my breakfast and lunch Ladies and gentlemen, we need to a town in south Texas that reads, yesterday was a combined $2.70. Surely, continue to support our children. ‘‘Stop Lawsuit Abuse Now.’’ this is not too great a cost to pay to f f feed our children, to give them the nu- trition they need to learn and to grow. FEAR TACTICS EMPLOYED IN SUP- FIXING THE WELFARE MESS In their rush to provide tax breaks to PORTING FEDERAL NUTRITION (Mr. RIGGS asked and was given per- the wealthy, the Republican majority PROGRAMS mission to address the House for 1 would steal lunch money from our (Mr. DREIER asked and was given minute and to revise and extend his re- kids. I, for one, do not want any part of permission to address the House for 1 marks). that contract and I don’t think the minute and to revise and extend his re- Mr. RIGGS. Mr. Speaker, I first of all American people do either. marks). will join with my colleagues who have f Mr. DREIER. Mr. Speaker, pathetic used adjectives such as pathetic and is the only way to describe the message audacious to describe the fear tactics THE SIMPLE FACTS which has been emanating from the and the continuing politics of envy (Mr. HAYWORTH asked and was other side, trying to frighten the peo- that we hear coming from the other given permission to address the House ple of the United States of America side of the aisle. I will add another, March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2735 though, adjective to describe what I the House by the Republican leader- the State of the Union for the further have been seeing take place, and that ship. As a physician who has practiced consideration of the bill, H.R. 988. is unconscionable. It is unconscionable medicine in the community for the for the House Democratic Party to past 7 years, I can say that I have seen b 1159 treat welfare recipients as a political firsthand the terrible effect of this run- IN THE COMMITTEE OF THE WHOLE constituency for political gain. away problem with lawsuits on our Na- Accordingly the House resolved itself Mr. Speaker, Americans have said tion and in particular on our ability to into the Committee of the Whole House that they are sick of a failed liberal practice good, high quality, cost effec- on the State of the Union for the fur- welfare system that traps people in a tive medicine. ther consideration of the bill (H.R. 988) cycle of dependency. Five million fami- The people who have been paying for to reform the Federal civil justice sys- this runaway crisis in excessive law- lies, 9 million kids on AFDC, and at tem, with Mr. HOBSON in the chair. any given time over 50 percent of those suits are the people of the United The Clerk read the title of the bill. families have been on AFDC welfare for States. The patients have been playing The CHAIRMAN. When the Commit- over 10 years. the costs. tee of the Whole rose on Monday, It is a system that ruins generation The time has arrived, it is long over- March 6, 1995, the amendment offered due. Reform is needed and reform is after generation, a system that has by the gentleman from Ohio [Mr. HOKE] cost us as a country $5 trillion while now, this week, before the House of had been disposed of and the bill was making the situation worse. Two out of Representatives. And I beseech all of open to amendment at any point. three black babies born out of wedlock, my colleagues on both sides of the aisle Two and one-half hours remain for 20 percent of white children born out of to support the Republican programs for consideration of amendments under the wedlock. dealing with this problem in our Na- 5-minute rule. Mr. Speaker, the American people tion and restoring true balance to our Are there further amendments to the want us to fix the welfare mess before criminal and civil justice system. bill? it does any more damage and fix it, we f will. AMENDMENT OFFERED BY MR. BURTON OF DEMOCRATS SCARING CHILDREN INDIANA f ABOUT SCHOOL LUNCHES Mr. BURTON of Indiana. Mr. Chair- b 1145 (Mr. BURTON of Indiana asked and man, I offer an amendment. was given permission to address the The Clerk read as follows: WELFARE REFORM House for 1 minute and to revise and Amendment offered by Mr. BURTON of Indi- (Mr. SHAW asked and was given per- extend his remarks.) ana: In section 2, page 4, line 1, insert at the beginning of the line ‘‘25 percent of’’. mission to address the House for 1 Mr. BURTON of Indiana. Mr. Speak- minute and to revise and extend his re- And on line 5, strike the period, insert a er, last week the Speaker of the House, comma and add the following new language marks.) NEWT GINGRICH, went out to a school ‘‘or the Court may increase the percentage Mr. SHAW. Mr. Speaker, I have been here in Washington, DC, to try to sup- above the 25 percent if in the opinion of the sitting here listening to the speakers port a program called the Earn and Court the offeree was not reasonable in re- that came before me here this morning Learn Program. That is where they pay jecting the last offer.’’ on the House floor criticizing the Re- children $2 for reading a book and it is Mr. BURTON of Indiana. Mr. Chair- publicans for what they are trying to to encourage kids to learn. It is a great man, I believe that if there is a frivo- do that is to reform welfare, criticizing program; it is being adopted in many lous lawsuit filed there ought to be a the Republicans for bringing a child schools across this country. penalty assessed on the plaintiff. I be- support bill to the floor and saying But before he got there, two Members lieve that should be the case. I do not that it was not tough enough. of the Democrat minority went out believe, however, it should be a 100 per- I will say to my friends in the Demo- there and had lunch with the kids and cent losers paying totally, and the rea- crat Party you had 40 years to bring told them that the Speaker was coming son I say that is because I have known welfare reform to the floor and you out and that he was going to take away a number of people who have been in- never brought it; you had 40 years to their lunches, that the Speaker of the volved in litigations of this type who bring a child support bill to the floor House was against them, he was going have had a legitimate lawsuit, and be- that was tough, and you never did it. to take away the school lunch for all of cause of the jury or because of the Now we are looking to you and we the kids across the country and scared judge or for whatever reason the ruling are reaching out to you as we are to those little kids to death. was against them, and they were not in the President, who gave a speech with- Now, that is wrong; that is wrong. a position to be able to pay exorbitant in the last hour on welfare reform, we The fact of the matter is we are going legal fees on the part of the defendant. are reaching out and saying come now to increase school lunch funding by 4 Many times these defendants are law- and join with us because we are moving percent, we are going to increase it. yers for large corporations who can it forward. We are going to have wel- What we are going to cut is the bu- drag these suits on for long periods of fare reform. It is going to pass this reaucracy. We are going to send it to time and spend an awful lot of money. House. We are going to have a lot of the States in block grants, so that the Look at some of the trials like you see Democrats that are going to be joining Governors who understand their States on TV right now like the O.J. Simpson the Republicans who are pushing this and the mayors who understand their trial, you see how much time and effort agenda forward. cities can distribute this money prop- and money is being spent on legal de- And you know what? We are going to erly so that it goes to the intended pur- fense. be doing things for the poor that you pose without a lot of bureaucratic ex- Some of these people are very pro- never did. We are going to be doing pense. ficient at what they do. Can you imag- things for the children that you ne- And I really want to say to my col- ine, we are not talking about a murder glected and we are going to reform wel- leagues on the Democrat side, if you trial now, but can you imagine a per- fare. criticize us for the school lunch pro- son in a civil case that is suing some- f gram, criticize your colleagues for body and they have the ability to hire going out and scaring those little kids the kind of legal counsel you see in the SUPPORT FOR TORT REFORM last week. That is wrong. O.J. Simpson case where millions of (Mr. WELDON of Florida asked and f dollars might be spent in defending was given permission to address the someone? House for 1 minute and to revise and ATTORNEY ACCOUNTABILITY ACT So I believe that there ought to be extend his remarks.) OF 1995 some middle ground. And that middle Mr. WELDON of Florida. Mr. Speak- The SPEAKER pro tempore. Pursu- ground is exhibited in my amendment, er, it is a pleasure for me to rise today ant to House Resolution 104 and rule and my amendment says that if the and speak in support of the tort reform XXIII the Chair declares the House in plaintiff loses the case, there is a 25- or lawsuit reform being brought before the Committee of the Whole House on percent penalty. But if it is a frivolous H 2736 CONGRESSIONAL RECORD — HOUSE March 7, 1995 flagrant case, the judge has the ability I urge support for the Burton amend- have accrued prior to that time. You to expand that up to 100 percent. So ment. many be able to strike under the there is somewhat of a sliding scale. Mr. MOORHEAD. Mr. Chairman, I present bill a large percent of what you I talked to the gentleman from Vir- move to strike the last word. might otherwise have had to pay. ginia [Mr. GOODLATTE] last night, the Mr. Chairman, I rise in opposition to But I do think that if you go down bill’s sponsor, and he said he thought the amendment offered by the gen- from there and have only 25 percent of he could live with some kind of sliding tleman from Indiana. The amendment what would accrue from that time for- scale. The problem is that neither the would limit loser pays to a 25-percent ward, you do not have very much left gentleman from Virginia [Mr. recovery. This would in effect defeat out of your loser pays. GOODLATTE], nor I, nor anyone in the the concept of loser pays. What this Mr. BURTON of Indiana. If the gen- body could come up with a sliding does is substantially reduce the incen- tleman will yield on one further ques- scale. So the next best thing is to come tive for the parties to settle their cases tion. The further question is did the up with a hard percentage, like the 25 out of court. gentleman understand, he did not men- percent I am talking about, and then If we are going to go on with a loser- tion in his comments, that the judge leave discretion to the judge in the pays provision, let us not weaken it or does have latitude to increase that 25 event he feels like it is a case that was water it down to such a point that it percent to 100 percent if he chooses to not meritoriou and was frivolous and defeats the whole purpose. do that? he can raise that fee. I think that will The other part of the amendment Mr. MOORHEAD. I understand that, discourage an awful lot of lawsuits. giving the judge discretion to increase and I did comment on that in my com- In addition, I think this will bring the 25 percent would only lead to fur- ments, that you come to another argu- both sides closer together than the ther litigations on whether the offer is ment when you go into that. You lead loser pays provision that is already in reasonable or unreasonable. The to further litigation and dispute as to the bill because it is going to encour- amendment I believe would seriously whether the offer has been reasonable age the plaintiff, because he knows weaken loser pay. or unreasonable, many other things there is a penalty if they lose the case; We have a number of provisions in that could be involved there, and we and it is going to encourage the defense the legislation now that puts restric- are going to have an irregularity be- because they know they are not going tions on loser pay. We have tried to tween one judge and another as to what to get 100 percent even if they hire reach the areas where it is between, you get out of the law as we intend it high-powered lawyers to win the case. where the judgment is between the to be. So I think this will force more people offer of the defendant and the offer of b to settlement, even more so than the the plaintiff; there would be no loser 1200 entire loser pays provision in the bill. pay involved there. There are provi- Mr. BURTON of Indiana. Mr. Chair- So, Mr. Chairman, I believe this is a sions that a judge can use his discre- man, if the gentleman would yield fur- sound, reasonable amendment. It tion as to whether to provide for loser ther, I ask, ‘‘Don’t judges already have strikes a middle ground. It comes as pay in the legislation. latitude?’’ close to the sliding scale the gen- I think that if we are going to go in Mr. MOORHEAD. To a certain ex- tleman from Virginia [Mr. GOODLATTE] this direction there is not much left of tent. said he would accept without going to the loser-pay provision. I do not think Mr. BURTON of Indiana. Then why an actual sliding scale, which I think is that the 25 percent still left in here would this exacerbate that situation? an impossible thing to achieve. will have much effect on encouraging Mr. MOORHEAD. I say to the gen- Ms. HARMAN. Mr. Chairman, I rise people to settle. I do not think it will tleman, ‘‘Primarily because, whey you in support of the Burton amendment. have much to do to cut down on overall cut from 100 percent to 25 percent, (Ms. HARMAN asked and was given litigations. And for that reason I would you’re gutting the very issue we’re permission to revise and extend her re- ask for a ‘‘no’’ vote on this amend- talking about.’’ marks.) ment. Mr. BURTON of Indiana. But the fact Ms. HARMAN. Mr. Chairman, I would Mr. BURTON of Indiana. Mr. Chair- of the matter is judges have latitude like to commend the gentleman from man, will the gentleman yield? right now. What we are setting is a Indiana [Mr. BURTON] for trying to do Mr. MOORHEAD. I am happy to yield floor of 25 percent, and we are allowing something that concerns many of us in to the gentleman from Indiana. them to go to 100 percent. this body who have listened intensely Mr. BURTON of Indiana. Mr. Chair- So what the gentleman wants to do is to the debate on this issue. I think that man, I do not quite understand the he does not want the judges to have everyone here does not want to deter chairman’s argument. He said that this any latitude; is that correct? meritorious lawsuits, but it is also true would eliminate the forcing of a settle- Mr. MOORHEAD. They do have some that there are abuses, and we do want ment before the trial takes place. It latitude under the bill as it is written. to deal with those abuses in a fair way. seems to me that this puts more of a Mr. BURTON of Indiana. But the gen- I think that the Goodlatte language, balance into the legislation instead of tleman does not want them to have especially as amended by him, goes a having all of the burdens shifted over this latitude. long way toward doing that, but there to the plaintiff. Mr. MOORHEAD. Latitude in every are possible excesses in that language, Right now you are shifting 100 per- single case where they have not found and the gentleman from Indiana [Mr. cent of the costs to the plaintiff if he that it will work an injustice. BURTON] has suggested a remedy that does not settle and the judgment is We have in our legislation that we would amount to a sliding scale of fee below what was the last offer. And it have, we have provisions in those ex- awards that would deal with those ex- seems to me that that is putting undue treme cases where the judge does have cesses. pressure on the plaintiff. a latitude. I know the gentleman from Indiana What I was trying to do was to try to Mr. BURTON of Indiana. Well—— [Mr. BURTON] speaks here from per- reach a middle ground that was more Mr. MOORHEAD. I just think, if the sonal experience, and I think it is very fair than what the original legislation gentleman is not in favor of loser pays, commendable that he would offer this. intended. of course he is not going to like this at I also want to say that should his Mr. MOORHEAD. But actually it ap- all. But under the amendments that we amendment fail, I intend to offer an plies to both the defendant and the have put into the bill, a lot of the sting amendment to provide a different ap- plaintiff. The plaintiff is not the only of loser pays has been taken out al- proach to this very difficult subject, one that could be caught paying the ready—— which I think also merits consider- other person’s fees. Mr. BURTON of Indiana. If the gen- ation. But I can tell the gentleman that you tleman would yield—— My bottom line here is this is not a can limit the amount of money you Mr. MOORHEAD. In the Goodlatte partisan issue, this is about fairness, it may have to pay by prior to 10 days be- amendment. is about curbing abuse, but it is also fore trial making your final offer and Mr. BURTON of Indiana. One more about permitting meritorious action. you will not have to pay the fees that brief comment, and that is this, that I March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2737 do agree that there should be a pen- less than 100 percent. It would make it contingency fee basis. I am sure there alty, and I agree that the penalty 50 percent. are a few that are not, but very, very should be pretty severe. Twenty-five If the gentleman would work with us few. percent is not peanuts in many of these along those lines and withdraw his What we are really talking about are cases, but what I disagree with—— amendment, it would be very helpful. other types of contract actions and so The CHAIRMAN. The time of the Mr. BURTON of Indiana. Mr. Chair- on where that would be the case, but gentleman from California [Mr. MOOR- man, would the chairman yield briefly? then again that would be true of both HEAD] has expired. Mr. MOORHEAD. I yield to the gen- parties facing that liability under the (On request of Mr. BURTON of Indiana tleman from Indiana. circumstances that the gentleman de- and by unanimous consent, Mr. MOOR- Mr. BURTON of Indiana. Let me just scribes. My amendment would cure the HEAD was allowed to proceed for 1 addi- make two comments. difficulty that we are talking about tional minute.) First of all, many of the States are here. Mr. BURTON of Indiana. What I dis- working on similar legislation of this Mr. BURTON of Indiana. If the gen- agree with is that this is putting such right now as far as State litigation is tleman would yield further, I say to a huge burden on, in many cases, peo- concerned. We all know that. I believe the gentleman, if your amendment ple who could not afford to pay the 100 that what we do here today will serve would deal, in addition to those cases percent, and—but at the same time the as a model for many of those States, so where the plaintiff got a settlement, gentleman is still giving the judge lati- this reaches beyond just Federal litiga- but below the last best offer; if it went tude in the event it is a frivolous case. tion in my view in the long run. further than that, even where the It seems to me this is as close to a slid- In addition to that, I read the gentle- plaintiff lost, I could probably accept ing scale as the gentleman from Vir- man’s amendment, and, while I think that amendment, but the gentleman ginia [Mr. GOODLATTE] requested, as we that is a step in the right direction, the completely eliminates that possibility. can possibly come. problem I have with that is we still I say to the gentleman, in your Mr. MOORHEAD. It is a sliding scale have some jurors and some judges that amendment here that you just pre- though. may rule against a legitimate case, and sented to me, if the plaintiff gets a zero Mr. BURTON of Indiana. Well, Mr. what the gentleman’s amendment does grant or zero decision from the court, Chairman, I say to the gentleman, is only deals where the plaintiff gets he still picks up 100 percent of the de- ‘‘Well, you’re giving the judge latitude; some kind of a settlement. If the plain- fense’s legal fees. So that part of the I mean that’s a sliding scale.’’ tiff does not get any settlement, then amendment I don’t think is good, and I Mr. MOORHEAD. Possibility. he or she still pays 100 percent of the could not accept that. I say to the gentleman, ‘‘I think defense cost for the defendant, and in Mr. MOORHEAD. Mr. Chairman, I you’re just defeating loser pays.’’ my view, as my colleagues know, that yield back the balance of my time. Mr. GOODLATTE. Mr. Chairman, could work an undue hardship. Mr. WATT of North Carolina. Mr. will the gentleman yield? My amendment, my amendment Chairman, I move to strike the req- Mr. MOORHEAD. I yield to the gen- right now, says that they do have a 25- uisite number of words. tleman from Virginia. percent penalty, and, if it is truly a Mr. Chairman, I want to commend Mr. GOODLATTE. Mr. Chairman, the frivolous case, the judge can assess my colleague, the gentleman from In- gentleman from Indiana [Mr. BURTON] more than that, but it does leave some diana [Mr. BURTON], for bringing a real- and I have been discussing since last discretion with the court, and to me life situation into this debate which night the gentleman’s concerns, and that makes some sense. demonstrates the severe adverse im- what I would first say to the gen- Mr. GOODLATTE. Mr. Chairman, pact that this bill would have on ordi- tleman is that let us not forget that we will the gentleman yield further? nary working people in this country. I are talking about diversity cases in Mr. MOORHEAD. I yield to the gen- also want to commend him for this ef- Federal district court. We are not talk- tleman from Virginia. fort to improve the provisions of the ing about, by any means, all tort cases. Mr. GOODLATTE. Let me say to the underlying bill, which I think his In fact, what we are really talking gentleman from Indiana, let us not for- amendment would do. However at the about are the vast majority of these get that under the current system that same time I want to point out the cases not being the kind of tort cases exists right now that the cir- problem that the amendment dem- the gentleman described. They are cumstances the gentleman just de- onstrates that the underlying bill pre- being mostly contract cases and is- scribed where a judge or a jury unfairly sents to us. sues—— ruled against a party, if they rule I say to my colleagues, ‘‘When you The CHAIRMAN. The time of the against a defendant, they are stuck try to apply this bill to other than friv- gentleman from California [Mr. MOOR- right now paying attorney fees, and olous cases, you are inevitably going to HEAD] has expired. substantial attorney fees. Under a con- get into the very kind of situation that (On request of Mr. GOODLATTE and by tingency fee case the gentleman de- Mr. BURTON’s amendment is trying to unanimous consent, Mr. MOORHEAD was scribes, that would not be true of a address, and, once you start to do this allowed to proceed for 1 additional plaintiff; you see? sliding scale approach, or once you try minute.) So there is a definite disparity in the to do 25 percent, or 50 percent, or 75 Mr. GOODLATTE. Mr. Chairman, law as it exists right now. percent, or 10 percent, what you have would the gentleman yield further? Mr. BURTON of Indiana. Mr. Chair- started to do is demonstrate the sheer Mr. MOORHEAD. I yield to the gen- man, if the gentleman would yield, let irrationality of the entire approach tleman from Virginia. me just say that all cases are not on a that is being applied here because, once Mr. GOODLATTE. It would be my contingency basis. you get on that kind of slippery slope, hope that we could work something out Mr. GOODLATTE. That is correct. as we used to call it in the law, you along the lines of the amendment that Mr. BURTON of Indiana. And the can’t figure out where to draw the line I suggested there which would help out gentleman keeps talking about a con- in a way that it makes any kind of in the case where a plaintiff actually tingency basis, but many of those are sense, and it doesn’t show that a higher got a judgment against a defendant, on hourly rate, and so the plaintiff threshold necessarily makes any more but the defendant offered more under does pay legal fees in many of these sense. What it shows is that the under- the proceeding that is provided for in cases on an hourly rate, and it is pretty lying approach that you are using the bill than what the plaintiff got doggone high. when you apply it to nonfrivolous law- from the jury, and under those cir- So this contingency thing is real, but suits doesn’t make any sense.’’ cumstances, because a case is really that is not 100 percent. So, Mr. Chairman, while I commend two parts; it is part liability and part Mr. GOODLATTE. If the gentleman the gentleman for coming forward with proving damages, and clearly the plain- would yield further, the gentleman is the amendment, which is an improve- tiff would have proven liability in correct, but in tort cases I think he ment, it gets us on that slippery slope those circumstances. Then there is an would find the overwhelming majority, and moves us on this sliding scale to- argument to be made that it should be if not all of them, are going to be on a ward a better bill, we would really be H 2738 CONGRESSIONAL RECORD — HOUSE March 7, 1995 better served if we went back to the ap- ney fees, but it’s going to be you don’t Mr. BURTON of Indiana. Let me just proach of limiting the underlying bill have to pay a lot.’’ say that I think that a 25-percent pen- only to frivolous cases. For those reasons I would strongly alty is an inducement for settlement. Mr. GOODLATTE. Mr. Chairman, I urge that my colleagues defeat this The gentleman keeps acting like it is move to strike the requisite number of amendment. This is not a good amend- nothing. Twenty-five percent of the words. ment from the standpoint of trying to legal fees of the defendant can be an Mr. Chairman, I rise in opposition to do something about the explosion of awful lot of money, especially in a Fed- this amendment. The effect of this litigation in this country. eral case. We are not talking about amendment would be to say in a case The fact is that the Girl Scouts; we peanuts. I think that this will dissuade where somebody loses a lawsuit for have talked about all these big cor- people from going to trial, and it will whatever reason that not only are porate defendants in this country. force a settlement. The gentleman acts their attorney fees limited in the fash- Well, one of the organizations that sup- like if it is not 100 percent, it is not ion they have already been limited in ports the legal reforms we have are the going to force a settlement. the bill, and we have limited them in Girl Scouts, and the Girl Scouts’ coun- The other thing you are discounting several respects: First of all, we have sel here in Washington, DC, says that is that if it is a frivolous case, the limited them to 10 days before the trial the first 87,000 boxes of Girl Scout judge can start at the 25 percent and go through the trial, and we have done cookies that they have to sell goes to all the way to the 100 percent level. So that for good reason. raise the $120,000 to pay their liability you can have total loser pays. It has been pointed out that a party insurance. The effect of that is that, This is a good middle ground. It will to a lawsuit through the discovery before one penny can be spent to help dissuade people from going to court. It process could drive up the amount of Girl Scouts with all the wonderful pro- will force settlements. So I think the grams that Girl Scouts have, not one attorney fees by loading up the other gentleman is overstating the case. It penny can be spent until they sell party with discovery motions, and will not be as onerous as far as forcing 87,000 boxes and raise $127,000 to deal depositions and so on. So we limit it to settlements as 100 percent. But it cer- with the liability. 10 days before trial through the trial, tainly is going to force a lot of these Little Leaguers are opposed, are in which is the time when one is, gen- people to settle out of court without favor, of legal reforms because they going to trial. Twenty-five percent is a erally speaking, preparing for trial and know that it is becoming increasingly step in the right direction, and it still preparing the case. Second, we have difficult to get people to participate in gives the judge latitude to go all the limited it so that the losing party allowing them to use their fields for way to 100 percent. I think this is a would not be required to pay the pre- ball diamonds because of the fact that good amendment. vailing party more than the attorney they face greater and greater exposure Mr. GOODLATTE. Reclaiming my fees that the prevailing party is—the to lawsuits, and the loss of insurance, time, I would say to the gentleman losing party is paying their own attor- and the risk of being brought in as par- that the mechanism I offered to deal ney. ties to these cases. with the case where the plaintiff proves The fact of the matter is that that This is not a problem that deals with the case but has been unreasonable in also has a good purpose in the bill be- corporate America alone. It certainly their settlement negotiations and gives cause it prevents the deep pockets that does add to the cost of consumer goods them some relief there would be some- so many on the other side have talked when corporations raise those prices to thing that would be tolerable. But 25 about from loading up the attorney consumers. It certainly does have an percent in all cases regardless of fees by bringing four attorneys into effect on insurance companies when whether or not they are meritorious or trial and so on. They cannot, by adding they raise insurance premiums to all not, we know that when discretion is costs on their side, make the Americans for their automobiles, for given to judges in these cases—— nonprevailing party, the losing party, homeowners insurance, for any kind of The CHAIRMAN. The time of the pay more costs because it is limited insurance that we want to name. The gentleman from Virginia [Mr. that they cannot pay the other side costs are going up, and they are going GOODLATTE] has again expired. more than they pay their own attor- up rapidly. (By unanimous consent, Mr. ney. So they have the ability to some Mr. Chairman, the cost of our litiga- GOODLATTE was allowed to proceed for extent to control and to limit that. tion system in this country is rising at 2 additional minutes.) Finally, we have in this bill a provi- a faster rate than the cost of our medi- Mr. GOODLATTE. When you take sion which allows the court in its dis- cal system in this country, which we that in all cases and then ask the judge cretion to not apply the provisions of spent all of last year addressing—— to give more, the history with rule XI this bill under two circumstances. One The CHAIRMAN. The time of the sanctions is that it is very, very, very circumstance is where it finds that it gentleman from Virginia [Mr. rarely done. And the attorneys know would be manifestly unjust to do so, GOODLATTE] has expired. it, and they do not worry about rule XI and that certainly gives the court dis- (By unanimous consent, Mr. sanctions because they know that the cretion. In addition, the court can find GOODLATTE was allowed to proceed for odds of them being applied to them are that the case presents a question of law 2 additional minutes.) very, very remote. If you put this pro- or fact that is novel and important and Mr. GOODLATTE. Mr. Chairman, the vision in, they are going to know that that substantially affects nonparties, fact of the matter is that legal costs in it is 25 percent. Maybe there is a re- and if a—and can exempt it for that this country are rising at a rate of 12 mote chance of getting more, but it is reason as well. percent a year, far in excess, far in ex- not going to be 100 percent in the cases This amendment will take that 75 cess of what is happening even in the that it should be 100 percent in. percent further. Three quarters of the cost of medical care, but certainly Mr. BURTON of Indiana. Mr. Chair- attorney fees that are provided for that three or four times the rate of inflation man, if the gentleman will continue to are left in this bill would be taken out in this country. yield, I understand the gentleman does of the bill with this amendment. It is not think the judges will assess this b not a good amendment from that 1215 additional 75 percent in a case where it standpoint. It is not reasonable to And this amendment will reduce is a flagrant example of a frivolous think that just the 25 percent will have drastically the ability to use this pro- case. But I do not think I agree with the kind of effect that we need to have vision to say, when you file a lawsuit, that. At least there is 25 percent pen- on frivolous lawsuits, fraudulent law- you take a risk. You have made the alty, a flat 25 percent right off the top. suits, nonmeritorious lawsuits, and not risk way too small, I would say to the Let me just say something about the the kind of effect we need to have that gentleman from Indiana. amendment you referred to. The prob- is provided in this bill to encourage Mr. BURTON of Indiana. Mr. Chair- lem with your amendment that you greater settlement of these cases. The man, will the gentleman yield? suggested as an alternative, and it is a effect of this will be say, ‘‘Yes, you Mr. GOODLATTE. I yield to the gen- step in the right direction, is that it is might have to pay a little bit of attor- tleman from Indiana. 50 percent if the plaintiff gets less than March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2739 the last best offer. But in the event he here, it is like the old game we used to Markey Payne (NJ) Stokes Martinez Pelosi Studds or she gets zero, they still pay 100 per- play in Girl Scouts called telephone. I Martini Peterson (FL) Stupak cent of the defendant’s legal expenses. think probably some of the leaders Mascara Pomeroy Tanner And in many cases, I wish the gen- have heard that passed along. The na- Matsui Poshard Tejeda tleman would just pay attention here tional Girl Scout office has said that is McCarthy Quillen Thompson McCollum Rahall Thornton for a second, in many cases, you may not true. McDermott Reed Thurman have a jury or a judge who for one rea- Mr. GOODLATTE. Reclaiming my Meehan Regula Torres son or another does not like the way time, the representative of the Girl Menendez Reynolds Torricelli the plaintiff looks and they rule that Mfume Richardson Towns Scouts for the Washington District Miller (CA) Rivers Traficant they should not get anything and then Council told me and a number of other Mineta Roemer Tucker they have to pick up 100 percent of the Members of Congress and others per- Minge Ros-Lehtinen Velazquez cost. sonally that that was the fact. I am not Moakley Rose Vento Mollohan Roybal-Allard Visclosky If the gentleman made this 50 percent representing that as something I know Moran Rush Volkmer across the board, I would accept it. personally. I am representing it as Morella Sabo Ward Mrs. SCHROEDER. Mr. Chairman, what was told to me by a representa- Murtha Sanders Watt (NC) will the gentleman yield? Myers Sawyer Waxman tive of the Girl Scouts. Nadler Schroeder Williams Mr. GOODLATTE. I yield to the gen- Mrs. SCHROEDER. Mr. Chairman, I Neal Schumer Wilson tlewoman from Colorado. move to strike the requisite number of Oberstar Scott Wise Mrs. SCHROEDER. Mr. Chairman, I words. Obey Serrano Woolsey just wanted to say that I heard the Olver Skaggs Wyden I just want to quickly answer that I Ortiz Skelton Wynn gentleman citing the Girl Scouts, I just think in all honesty that we ought to Owens Slaughter Yates came from the Committee on Rules be listening to the Wall Street Journal Pallone Spratt where they are citing the Girl Scouts. which has now made two passes at Pastor Stark On Friday the Girl Scouts were on the that. We also ought to be listening to NOES—214 front page of the Wall Street Journal the National Girl Scout office of New Abercrombie Gallegly Montgomery saying please, please, this is not their York which would be handling those Allard Ganske Moorhead legislation. Today in the Wall Street complaints. I think that that is very Archer Gekas Myrick Journal, on the first section of section Armey Geren Nethercutt key. They have said this over and over Bachus Gilchrest Neumann B, they are saying that once again. Let again. This whole debate is full of all Baker (CA) Gillmor Ney me quote, it says, ‘‘It is not at all true, sorts of stories that get blown out of Ballenger Goodlatte Norwood we have been harangued with frivolous proportion. Barr Goodling Nussle lawsuits. That is absolutely not the Barrett (NE) Goss Oxley The CHAIRMAN. The question is on Bartlett Gunderson Packard case.’’ the amendment offered by the gen- Barton Gutknecht Parker The CHAIRMAN. The time of the tleman from Indiana [Mr. BURTON]. Bass Hall (TX) Paxon gentleman from Virginia [Mr. Bereuter Hancock Payne (VA) The question was taken; and the Bilbray Hansen Peterson (MN) GOODLATTE] has expired. Chairman announced that the noes ap- Bliley Hastert Petri (On request of Mrs. SCHROEDER, and peared to have it. Blute Hastings (WA) Pickett by unanimous consent, Mr. GOODLATTE Boehlert Hayworth Pombo was allowed to proceed for 30 addi- RECORDED VOTE Boehner Hefley Porter tional seconds.) Mr. BURTON of Indiana. Mr. Chair- Bonilla Heineman Portman man, I demand a recorded vote. Bono Herger Pryce Mrs. SCHROEDER. Mr. Chairman, if Brewster Hilleary Quinn the gentleman will continue to yield, A recorded vote was ordered. Brownback Hobson Radanovich that is what the head of the Girl The vote was taken by electronic de- Bryant (TN) Hoekstra Ramstad vice, and there were—ayes 202, noes 214, Bryant (TX) Hoke Riggs Scouts says. Having been a Girl Scout, Bunn Horn Roberts when I was younger, the one thing they not voting 18, as follows: Bunning Hostettler Rohrabacher believe in is in truth. It says, ‘‘Truth [Roll No 204] Burr Houghton Roukema has been the first casualty.’’ I really Callahan Hutchinson Royce AYES—202 Calvert Hyde Salmon wish Members would stop citing the Ackerman Deal Gutierrez Camp Inglis Sanford Girl Scouts, when they have been fran- Andrews DeFazio Hall (OH) Canady Istook Saxton tically trying over and over again to Baesler DeLauro Hamilton Castle Johnson (CT) Scarborough Baker (LA) Dellums Harman Chabot Johnson, Sam Schaefer say they have not been inundated with Baldacci Deutsch Hastings (FL) Chambliss Jones Schiff frivolous lawsuits and you do not have Barcia Diaz-Balart Hayes Chenoweth Kasich Seastrand to sell all of those cookies to pay this Barrett (WI) Dicks Hefner Christensen Kelly Sensenbrenner off. They really would like to get that Bateman Dingell Hilliard Chrysler Kim Shadegg Becerra Dixon Hinchey Clinger King Shaw out there. So I really think we ought to Beilenson Doggett Holden Coble Kingston Shays stop calling this the Girl Scout cookie Bentsen Dooley Hoyer Coburn Klug Shuster bill because the Girl Scouts do not Berman Doolittle Hunter Collins (GA) Knollenberg Sisisky want that name. Bevill Doyle Jackson-Lee Combest Kolbe Skeen Bilirakis Duncan Jacobs Cooley LaHood Smith (MI) The CHAIRMAN. The time of the Bishop Durbin Johnson (SD) Cox Largent Smith (NJ) gentleman from Virginia [Mr. Bonior Edwards Johnson, E. B. Crane Latham Smith (TX) GOODLATTE] has again expired. Borski Ehrlich Johnston Crapo LaTourette Smith (WA) Boucher Engel Kanjorski Cremeans Lazio Solomon (By unanimous consent, Mr. Browder English Kaptur Cubin Leach Souder GOODLATTE was allowed to proceed for Brown (CA) Eshoo Kennedy (MA) Cunningham Lewis (CA) Spence 1 additional minute.) Brown (FL) Evans Kennedy (RI) DeLay Lewis (KY) Stearns Mr. GOODLATTE. Mr. Chairman, I Brown (OH) Farr Kennelly Dickey Lightfoot Stenholm Burton Fattah Kildee Dreier Linder Stump thank the gentlewoman for her com- Buyer Fazio Kleczka Dunn LoBiondo Talent ments. The fact of the matter is, the Cardin Fields (LA) Klink Ehlers Lucas Tate representative of the Girl Scouts here Chapman Filner LaFalce Emerson Manzullo Tauzin in the Washington Area District Girl Clay Foglietta Lantos Ensign McCrery Taylor (MS) Clayton Ford Laughlin Everett McHale Taylor (NC) Scout Council told me this personally, Clement Fox Levin Ewing McHugh Thomas 87,000 boxes of cookies sold to raise Clyburn Frank (MA) Lewis (GA) Fawell McInnis Thornberry $120,000 to pay liability insurance be- Coleman Frost Lincoln Fields (TX) McIntosh Tiahrt Collins (IL) Furse Lipinski Flanagan McKeon Torkildsen fore they ever can spend a penny on Conyers Gephardt Livingston Foley McNulty Upton anything else. Costello Gilman Lofgren Forbes Metcalf Vucanovich Mrs. SCHROEDER. Mr. Chairman, if Coyne Gonzalez Longley Fowler Meyers Waldholtz the gentleman will continue to yield, I Cramer Gordon Lowey Franks (CT) Mica Walker Danner Graham Luther Franks (NJ) Miller (FL) Walsh assume that the national office keeps Davis Green Maloney Frelinghuysen Mink Wamp those records. I think what happens de la Garza Greenwood Manton Frisa Molinari Watts (OK) H 2740 CONGRESSIONAL RECORD — HOUSE March 7, 1995 Weldon (FL) Wicker Zeliff cases, and gender cases from the bill in At Fordham University, there was a Weller Wolf Zimmer White Young (AK) terms of attorney sanctions and pay- study that in all reported cases from Whitfield Young (FL) ments. This leaves the decision on the 1983 to 1987, rule 11 sanctions against NOT VOTING—18 merit in the hands of the courts. civil rights plaintiffs were imposed at a The people of this country, the Mem- rate of 17 percent greater than against Collins (MI) Gibbons Rangel Condit Jefferson Rogers bers of this body, have fought too long all other plaintiffs. Dornan McDade Roth and hard for religious and civil rights In other cases, we found that the safe Flake McKinney Stockman groups in this country to see these pre- harbor provision in rule 11 now was Funderburk Meek Waters Gejdenson Orton Weldon (PA) cious rights slip away in a little-no- very important and should be pre- ticed procedural provision in the Con- served. b 1241 tract With America. Please support this civil rights The Clerk announced the following My amendment would safeguard amendment. pair: these rights by providing that cases in- Mr. MOORHEAD. Mr. Chairman, I On this vote: volving religious, racial, and gender rise in opposition to the amendment of- Mr. Flake for, with Mr. Jefferson against. discrimination can be brought without fered by the gentleman from Michigan [Mr. CONYERS]. Messrs. BRYANT of Texas, undue fear of chilling legal sanctions. If I thought for 1 minute that rule 11 CREMEANS, TAYLOR of Mississippi, Importantly, the amendment would sanctions had fallen disproportionately SISISKY, and PORTER changed their allow rule 11 as it currently exists to on civil rights attorneys I would have vote from ‘‘aye’’ to ‘‘no.’’ provide for discretionary court-im- crafted an amendment exempting Messrs. MYERS of Indiana, RICH- posed sanctions to continue to apply in them, but that’s not the case. ARDSON, and TORRES changed their civil rights and religious cases. This The 1991 Federal Judicial Center vote from ‘‘no’’ to ‘‘aye.’’ contrasts with the mandatory court study on the operation and impact of So the amendment was rejected. sanctions which are contained in the rule 11 was designed to examine several The result of the vote was announced bill before us. of the questions about the effects of as above recorded. This is a very important distinction because we have a list of lawsuits and the rule. The study found: AMENDMENT OFFERED BY MR. CONYERS attorneys that have been sanctioned While the incidence of rule 11 activ- Mr. CONYERS. Mr. Chairman, I offer under this measure, in a disproportion- ity has been higher in civil rights cases an amendment that has been redesig- ately large amount of civil rights cases than in some other types of cases, the nated the Conyers-Nadler amendment. imposition rate of sanctions in civil The CHAIRMAN. The Clerk will re- and religious cases. The attorneys have been brought to heel under rule 11, and rights cases has been similar to that in port the amendment. other cases. The Clerk read as follows: we are very, very much afraid of what would happen if we would change this The study found that rule 11 had not Amendment offered by Mr. CONYERS: Page been invoked or applied disproportion- 6, after line 24, insert the following: to mandating the court to impose these sanctions. ately against represented plaintiffs and (e) LIMITATION ON APPLICATION OF AMEND- their attorneys in civil rights cases. MENTS.—The amendments made by this sec- In cases where our citizens have to go tion shall not apply with respect to civil ac- to court to protect their constitutional The FJC concluded that rule 11 has tions to which any of the following applies: rights, it is imperative that we have as not interfered with creative advocacy (1) Section 772 of the Revised Statutes of open and fair a court procedure as pos- or impeded the development of the law. the United States (42 U.S.C. 1988). sible. While rule 11 may have some lim- Professor Maurice Rosenberg, Colum- (2) Title VII of the Civil Rights Act of 1964 ited role to play in these cases, it bia University School of Law, reviewed (42 U.S.C. 2000e et seq.). a subset of sanctioned civil rights cases (3) The Fair Housing Act (42 U.S.C. 3601 et should not have a dominant or over- reaching role as would be the case and commented in his 1990 testimony seq.). to the Committee on Rules and Prac- (4) The Voting Rights Act of 1965 (42 U.S.C. under this bill. 1973 et seq.). I remind the Members of the fire tice and Procedure: (5) The Equal Access Act (20 U.S.C. 4071 et storm that erupted on Capitol Hill as a Many complaints strain hard to pretend seq.). result of a 1992 Supreme Court deci- they involve civil rights claims so that, for example, attorneys’ fees may accompany a Rule 11 of the Federal Rules of Civil Proce- sion, in Employment Division versus dure, as in effect immediately before the ef- successful or partially successful outcome. fective date of such amendments, shall apply Smith, where the court discarded dec- If a complaint alleges that the towing with respect to such civil actions. ades of free exercise jurisprudence by away of plaintiff’s car by the police or the Mr. CONYERS (during the reading). holding that the free exercise clause refusal of the San Francisco authorities to does not relieve individuals of obliga- allow softball to be played on the hardball Mr. Chairman, I ask unanimous con- field violated the plaintiff’s civil rights, is sent that the amendment be considered tions to comply with supposedly neu- tral laws that restrict their freedom of that claim correctly counted as a ‘‘civil as read and printed in the RECORD. rights action?’’ That designation covers a The CHAIRMAN. Is there objection religion. wide assortment of grievances, many of to the request of the gentleman from How would this occur? What we which are pressed in order to break new legal Michigan? would do under H.R. 988 is make it ground or, as suggested above, for ulterior There was no objection. more difficult for courageous citizens purposes. Mr. CONYERS. Mr. Chairman, this is to bring legal actions to redeem their Finally, the issue of fair administra- an amendment which has been referred constitutional rights. It would man- tion of rule 11, like many other proce- to indirectly throughout the debate, date that litigants pay the other side’s dural issues, depends upon the fairness and it might gather the support of the legal fees whenever a legal pleading and competence of the Federal judici- manager of the bill on the other side. I was somehow shown to be unworthy. It ary. When properly applied, rule 11 will present it and hope that it does. would completely remove any equi- should not unjustly deter litigation by table discretion by the courts. It also civil rights plaintiffs or any other b 1245 would create a great amount of conten- group. I want to thank the gentleman from tion among the parties. I urge a ‘‘no’’ vote on the amend- New York [Mr. NADLER], my colleague I want to just tell Members a little ment. on the committee, for his work on a bit about where rule 11 has come from Mr. CONYERS. Mr. Chairman, will very important part of this bill. over the years. We have got a number the gentleman yield? This is an amendment that would of studies, but one from the George- Mr. MOORHEAD. I yield to the gen- preserve our citizens’ hard-earned right town Law Journal by Professor Nelken tleman from Michigan. to protect their civil and other con- found that 22 percent of the rule 11 mo- Mr. CONYERS. I thank the gen- stitutional rights including religious tions between 1983 and 1985 were filed tleman for yielding. Is he aware that rights. in civil rights cases, even though these the Judicial Conference studied the What we are doing essentially is ex- cases comprised only 7 percent of the rule in 1989 after 16 experts and they empting civil rights cases, religious civil docket. made the two changes? First they March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2741 made the change that would leave the A memo that I have here from the file frivolous claims, but if you are fil- sanctions to the court’s discretion and Christian Legal Society says, for exam- ing a constitutional claim on religious they created this safe harbor passage ple, an attorney arguing a religious liberty, on religious accommodation, for rule 11 motions for 21 days. discrimination case and urging the you are not going to have frivolous This has been working very, very ef- courts to reject the reasoning in any of claims. No one is going to deliberately fectively and has cured the problem the existing cases could well be subject bring a frivolous religious liberty that I was pointing out to you, that to the rule 11 sanctions as contained in claim, rarely. We have not seen that there is no question that before that, this bill. The litigation route presently problem in the courts and where we do, we had a serious problem of civil rights presents the only opportunity religious if we ever do, the nonmandatory, the and religious rights organizations’ law- individuals will have to seek relief in discretionary rule 11 sanction could do. yers being sanctioned. employment discrimination cases. On But to make a mandatory rule 11 sanc- Is the gentleman familiar with the this basis, and on the basis of the in- tion here when the religious liberty at- procedure, the change that rule 11 un- clusion in the amendment to the Equal torneys are going to have to be trying derwent? Access Act, the Christian Legal Soci- to persuade a court to change the ex- Mr. MOORHEAD. Senior U.S. Dis- ety and the National Association of isting precedent, to push the envelop is trict Judge Milton Shadur of the Evangelicals will support the amend- going to have a real chilling effect on northern district of Illinois said he ment. that, and I do not think we need a real generally would welcome the restora- I have here, Mr. Chairman, and I chilling effect on religious liberty. tion of the old rule. hope the gentleman from California I would hope that there would be re- will pay attention to this so we can ‘‘The most recent changes watered it consideration on this amendment and comment on it, a letter from the Chris- down,’’ he says, ‘‘by offering an out for that it would pass. tian Legal Society and the National lawyers who get caught when filing Association of Evangelicals in support frivolous pleadings.’’ b 1300 of this amendment, and I am going to ‘‘At this point rule 11 is pretty much read excerpts from it. The CHAIRMAN. The time of the dead,’’ he said. On behalf of the Christian Legal Society’s gentleman from New York [Mr. That dealt with what was done with Center for Law and Religious Freedom and NADLER] has expired. these amendments that you are talking the Public Affairs Office of the National As- (At the request of Mr. MOORHEAD and about. We are putting it back in as rule sociation of Evangelicals, we express our full by unanimous consent, Mr. NADLER 11 was for 10 solid years, and virtually support for any amendment that would ex- was allowed to proceed for 3 additional all of the judges across the country be- empt civil rights suits including those under minutes.) lieved it helped them and it brought a the Equal Access Act and the Religious Free- Mr. NADLER. I yield to the gen- better quality of justice to the courts. dom Restoration Act from this bill’s pur- view. tleman from California Mr. CONYERS. If the gentleman The history of religious liberty dem- Mr. MOORHEAD. Mr. Chairman, I would yield a final time, the gentleman onstrates that the powerless sometimes think a lot of argument here is based was aware that this was studied by the must look to the courts in cases that ‘‘push upon a misunderstanding of what the Judicial Conference, went to the Su- the envelope’’ of the law in order to vindi- law is presently and what we are doing preme Court, passed muster there, is cate our most precious freedoms in ways to it. that existing law does not. We are concerned working very well. We are talking Under sanctions in the present law it about December 1993. This is a very that mandatory sanctions will discourage the bringing of meritorious religious claims, says if on a notice and a reasonable op- premature decision for us without not just frivolous ones. The first freedom of portunity to respond the court deter- sending it back up the chain of com- the first amendment is too precious to risk mines that a subdivision had been vio- mand for rulemaking in the Federal ju- such a chilling effect. Any interest in judi- lated the court may, subject to condi- diciary to snatch the discretionary cial efficiency is far outweighed by our duty tions stated below, impose an appro- sanction of the judge away from him to keep open the doors of the Federal judici- priate sanction upon the attorneys, law after such a short notice. ary to such cases. Moreover, the preemptive effect of this bill firms or parties who have violated sub- I would urge the gentleman to realize is unnecessary in civil rights cases. Unlike division (b) or are responsible for ac- the seriousness of what he is proposing commercial lawsuits, people rarely sue the tion. We changed that ‘‘may’’ to here in opposing this very modest rule- government merely seeking a nuisance set- ‘‘shall.’’ But there is an awful lot of making sanction that I am modifying. tlement. The few who do can still be dealt discretion there in the finding of We are not eliminating rule 11. We with under a discretionary rule 11. Federal whether there is a violation or not, and judges have not shown that they need to are just saying the judge would have what any kind of a sanction, mild or the discretion that he had as a result of have their judgment handcuffed in this way, at least not in civil rights litigation. otherwise, there should be. But that is all the work the judges did in 1993. For any and all of these reasons, we sup- present law. Mr. NADLER. Mr. Chairman, I move port your amendment to section 4 of H.R. We do take out of the bill the oppor- to strike the last word. 988. tunity under motion to at the last Mr. Chairman, I rise in support of Thank you, * * *. minute, after it has been found they this amendment to exempt civil rights Respectfully yours, Steven T. McFarland, have violated the code by putting in lawsuits from the mandatory rule 11 Director, Center for Law and Religious Free- dom of the Christian Legal Society, and For- amendments and other pleadings that provision of the bill and to leave it up est Montgomery, General Counsel, Office of should not be there, we give them 21 to the discretion of the judges. I hope Public Affairs for the National Association days to change their position, but that that some of the gentlemen on the of Evangelicals. is after you are caught with the cookie other side will listen to what I am Mr. Chairman, I think this graphi- jar in your hand, we say that they can about to say because I do not think it cally shows why it is necessary to change that. We have taken that 21-day has been said before. adopt this amendment if we are going grace period out and that is principally Last year, we passed the Religious to take our usual protective attitude what the bill does to begin with. Freedom Restoration Act to undo the toward religious liberty. I do not agree I would like to say this as far as the Supreme Court decision in the Smith with this bill in general and I do not National Association of Evangelicals case. There are a number of other court agree that we need to have mandatory and the Christian Legal Society. I have decisions narrowing religious freedom rule 11 sanctions. But even many of great respect for them. I have worked which have not been undone and which those who do agree with that I would with them on many, many occasions. I people seek to try to challenge for re- hope could recognize the distinction on think I have a 100-percent voting consideration in court. civil rights and religious liberty cases. record with them, so I am not putting For example, there are a number of If someone is suing on a products li- them down or anything else. But I do decisions narrowing the Religious Ac- ability case or a contract case or what- not think they understand what this is commodations Act which various reli- ever, if you have a defendant with deep all about. gious groups want to litigate as well as pockets, there are nuisance lawsuits, Mr. NADLER. Reclaiming my time, to try to get this Congress to change. there are occasions where people will sir, I think they do understand. We do H 2742 CONGRESSIONAL RECORD — HOUSE March 7, 1995 not have a problem with the present YERS], read without anybody paying at- tions. They are mutually exclusive of law. But of course this bill would tention, apparently, the disparity in each other. change the present law and what the the percentages of frivolous and sanc- Mr. SCOTT. Mr. Chairman, I would Christian Legal Society and the Na- tion cases that exist in civil rights say to the gentleman if that is his in- tional Association of Evangelicals are cases, 7 percent of the cases yielding a terpretation, then the passage would saying and what other religious groups substantially disproportionate share of do no harm to the bill and it ought to that I have been speaking to in the last the sanctions. But I will remind my be adopted just to make sure. few days have said to me, is that mak- colleagues that nobody comes forward Mr. GOODLATTE. Mr. Chairman, if I ing mandatory rule 11 sanctions, mak- in the South in the time in which I can follow up because the comments of ing it mandatory would have a chilling grew up and brought forward any kind the gentleman from North Carolina are effect in this area. It may have a of frivolous civil rights action. It took indeed impressive, is there something chilling affect in other areas and we courage. It took running the risk that about, and this is what troubles me are not talking about them. We do not your House would be burned down; it from my side, is there something about have a problem with frivolous suits in took running the risk that your law of- an attorney or an individual who mis- civil rights and other areas and they fice would be burned down; it took run- behaves with one of those cases and in- are looking at pushing the envelop and ning the risk that your friends down curs sanctions that would differ from they are very concerned about that. the street who call you Mr. Charlie somebody, regardless of their back- Mr. MOORHEAD. If the gentleman would not speak to you again if you ground, regardless of their race or age will yield, that is of course not what brought to light the fact that the em- or sex or anything else in any of the this amendment is all about. It ex- ployer down the street was discrimi- other areas where we apply the ‘‘shall’’ empts a number of different acts of nating on the basis of race in hiring of provision, which is what the amend- Congress from any portion of this thing people. ment does, instead of the ‘‘may’’ provi- which is certainly not in the present This is not some theoretical concern sion, which is what the gentleman law, nothing that we have talked about that is being expressed in this amend- wants to preserve for these particular before. ment. I beg of my colleagues to take issues? I will say this, as far as the National this amendment seriously, and vote it Mr. WATT of North Carolina. Mr. Association of Evangelicals who I know up and agree to put this exception in, Chairman, will the gentleman yield? very well, they have not come in and and provide the kind of protection that Mr. SCOTT. I yield to the gentleman testified, they have not commented to these hardworking people, these law- from North Carolina. me about this in any way if they have abiding people who simply want to Mr. WATT of North Carolina. Mr. a problem. have their civil rights vindicated are Chairman, I thank the gentleman for Mr. WATT of North Carolina. Mr. bringing to the courts. yielding. Chairman, I move to strike the req- Mr. SCOTT. Mr. Chairman, I move to I would just simply say to the gen- uisite number of words. strike the requisite number of words. tleman, there is a predisposition, there Mr. Chairman, I will struggle on this Mr. Chairman, I want to add just one is a disposition, and fortunately over issue to be nonemotional. I will strug- other point to this very briefly and time it is beginning to wane I would gle because I remember 25 years ago that is that you could go through all of acknowledge, and I do not want to the very day I returned to North Caro- that what the gentleman from North leave the impression that our whole lina to practice law in what was re- Carolina said, and in fact you could Federal or State benches are still garded and is regarded as a civil rights have a winning lawsuit and still be where they were 15 or 20 years ago, but law firm. In the middle of the night forced to pay opposing attornerys’ fees I would submit to the gentleman that someone came and set a fire to the law if you come in under an offer made in these cases there is a substantially firm office before I had practiced law in sometime during the middle of trial. higher likelihood that goes beyond in- that office one day. Mr. Chairman, the reason that we significant statistical probability, if I will struggle because I have seen have attorneys’ fees provided in these you go back and look at the statistics how much courgage it takes for a kinds of cases is that the damage, the that the gentleman from Michigan [Mr. plaintiff or a group of plaintiffs to financial damage is ususally so small CONYERS] was talking about, that a come forward in the face of racial op- that you have an empty promise in dis- finding of frivolousness is going to be pression and assert their civil rights. crimination laws if this amendment is found in these cases. I will struggle because I have been not passed. The empty promise without Mr. GOODLATTE. Does the gen- before judges, 99 percent of whom I attorneys’ fees is you go to court and tleman think that is changed based would remind my colleagues here are you will pay more than you could pos- upon changing it from ‘‘may’’ to members of the majority race in this sibly get. ‘‘shall’’? I mean, if there is a discrimi- country, and I have heard them not un- I would hope that this amendment natory predisposition that the gen- derstand the underlying basis of a civil would pass, would keep the law as it is, tleman describes, would that not also rights claim because they have no his- and that people who are discriminated be likely to occur in a circumstance tory to relate that claim to, and to against be vindicated and have those where the judge has the discretion have them in the final analysis find rights vindicated in court. under the law as it exists now? that some portion of the claim is frivo- Mr. GOODLATTE. Mr. Chairman, Mr. WATT of North Carolina. If the lous because they just simply cannot will the gentleman yield? gentleman will yield further, I think relate to people being abused and hav- Mr. SCOTT. Mr. Chairman, I yield to what the gentleman is doing is sanc- ing their rights abused in that way. the gentleman from Virginia. tioning by this bill that kind of atti- My colleagues, this is not about some Mr. GOODLATTE. I thank the gen- tude, and giving latitude to it by say- kind of theoretical fear that is being tleman for yielding. ing you shall make, you shall do this; expressed here. There is a concern with Just a point of winning a law suit and the finding of frivolousness that frivolous lawsuits, but I remind my and still being required to pay attor- there will be an inclination to do it colleagues that in this amendment, and ney’s fees, this would not apply to any anyway, and once you add on to it the I want the gentleman from California of these actions, would it not, because word ‘‘shall’’ what we have done here is to read the amendment, starting at these are all Federal question issues sanctioned that kind of attitude. line 9 of the amendment it specifically and would not come up under the modi- At least under the other standard we says ‘‘rule XI of the Federal Rules of fied losers pay provisions in the bill can at least try to get in the head of Civil Procedure as in effect imme- which only apply to diversity cases? the judge and say look, Judge, you are diately before the effective date of such Mr. SCOTT. If you are calling it a applying a different standard in amendments shall apply with respect Federal question, then the passage of noncivil rights cases than you are in to such civil actions.’’ This is not doing this amendment would have no effect civil rights cases and try to embarrass away with rule XI. in the gentleman’s interpretation. him. But once you give him that extra I have heard my colleague here, the Mr. GOODLATTE. I agree with that; little piece of ammunition, the ‘‘shall’’ gentleman from Michigan [Mr. CON- but they are two different types of ac- in this bill, you have given that judge March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2743 who may be inclined, the literary li- pay. Most of these cases are settled by And More said, ‘‘No, sheer simplicity. cense he needs to abuse the system. the time the case gets to court. The The law, Roper, the law. I know what’s Mr. SCOTT. Mr. Chairman, in sum- case has gone through some kind of legal not what’s right. And I’ll stick to mary I think I do not want to get away conciliation often, or at least there has what’s legal.’’ from the point this is a decision a per- been an attempt to settle the case. ‘‘Then you set man’s law above son has to make before they even have If we want to chill the right to bring God’s! the nerve to come forward, and this is a civil rights action, then we go back ‘‘No, far below; but let me draw your just one more barrier to scaring them to these mandatory sanctions. I do not attention to a fact—I’m not God. The and daring them to come forth and vin- know where we could find a lawyer, al- currents and eddies of right and wrong, dicate their rights in court. most all of them small practitioners, which you find such plain sailing, I Ms. NORTON. Mr. Chairman, I move willing to come forward under these can’t navigate. I’m no voyager. But in to strike the requisite number of circumstances. the thickets of the law, oh, there I’m a words. Mr. Chairman, the courts are very forester. I doubt if there’s a man alive Mr. Chairman, I come forward as a experienced. They know how to handle who could follow me there, thank former chair of the Equal Employment cases that are frivolous in the civil God.’’ Opportunity Commission, very rights area. There have been hundreds And if he should go, ‘‘if he was the disquieted that in this bill mandatory of thousands of civil rights cases. This sanctions could apply to civil rights ac- is a unique area of the law. We have en- Devil himself, until he broke the law!’’ tions, and disquieted on the basis of couraged people to come forward. We Then Roper says, ‘‘So now you’d give the record. have continued to do so in the 104th the Devil benefit of law!’’ First, I ask my colleagues to be con- Congress with the two bills I have Then Sir Thomas More said, ‘‘Yes. sistent. We have already exempted named, the unfunded mandates bill and What would you do? Cut a great road civil rights matters from the unfunded the Regulatory Transition Act. through the law to get after the mandates bill and from the Regulatory I ask my colleagues please to be con- Devil?’’ Transition Act. Let us repeat that con- sistent. Let us stay together yet again Roper said, ‘‘I’d cut down every law sistency here. on a civil rights provision. Let us sup- in England to do that.’’ Why did we do it there and why port the Conyers amendment. More said, ‘‘Oh? And when the last should we do it here? Mr. ABERCROMBIE. Mr. Chairman, I law was down, and the Devil turned b 1315 move to strike the requisite number of round on you—where would you hide, words. Roper, the laws all being flat? This Civil rights actions are very difficult Mr. Chairman, yesterday I spoke in country’s planted thick with laws from to bring. They always have been. They my opposition to this bill in general, coast to coast—man’s laws, not God’s— are more difficult to bring today than and I will speak in favor of this amend- and if you cut them down—and you’re they were 30 years ago when the acts ment at least. were passed. At that time getting an just the man to do it—d’you really Mr. Chairman, I am sad to report attorney was more likely because the think you could stand upright in the that one of the great intellects, one of discrimination was so widespread, and winds that would blow then? Yes, I’d the great playwrights of the 20th cen- on the surface there was a bar, a pri- give the Devil benefit of law, for my vate bar, that developed. Ten years tury, died less than 3 weeks ago, Rob- own safety’s sake.’’ after the act, when I came to chair the ert Bolt. Robert Bolt wrote ‘‘A Man for Mr. Chairman, we need to give the EEOC, that bar had virtually disinte- All Seasons,’’ and I commend that to Devil the safety of law for our own ben- grated. The reason is that when law- my colleagues who are contemplating efit, for our own safety’s sake. And on yers take an action under a civil rights voting for this bill let alone voting the question of religious freedom, how case, they are taking a very large against this amendment. can we even be contemplating such a chance. They are hoping to get their Let me quote very briefly from the change as is being imagined in the un- fees back. They have to borrow money body of the work, ‘‘A Man for All Sea- derlying law which we are proposing to in order to mount a substantial case. sons.’’ As you may recall, this is about pass in this bill? So if there is any hurdle in the way, Sir Thomas More. When the last law is down and the what we found, even 10 years after the Sir Thomas More found himself in Devil turns on you, where will we hide? act—and we find 30 years after the act the position of having to defend the Loser pays. Loser pays is a vestige of now—they hesitate and the bar itself church, and there was an argument this history in England, and in which simply was not available. over religious freedom. And this was class warfare prevails. This is the aris- First of all, for a person to come for- not the kind of argument that we may tocrats against the commoners. That is be having here today. He was having an ward, that plaintiff has to make a very exactly what it is all about. argument with his prospective son-in- difficult decision. She is almost always No one in good conscience, if they are law, a man named William Roper. Wil- going against power. Who are the going to think today, can find them- liam Roper is described by Robert Bolt plaintiff’s lawyers in the first place? selves resisting this amendment, and I in a manner that I think might fit These are usually small practitioners hope and I pray that Members will some of the people who are not think- going up against counsel from large think further upon what we are doing corporations. These people have law- ing clearly about this today: ‘‘William Roper, a stiff body in an immobile face here. yers on staff that can file endless mo- I know the gentleman from Califor- tions to tie up these small practition- with little imagination and moderate nia [Mr. MOORHEAD] as a colleague. I ers whom we have said we want to brain but an all too consuming rec- have had the opportunity to speak with bring these cases in order to vindicate titude, which is his cross, his solace, him. I respect him. I think he is among civil rights. and his hobby.’’ And I feel we have Do we want people to bring these many people here like that today, Mr. the most decent persons that I have cases, or do we not want people to Chairman. met in the Congress. I respect his civil- bring these cases? We have said in So when Sir Thomas More was con- ity. Some of the people I have talked to these two previous bills we do not need fronting his prospective son-in-law, about this bill I respect as libertarians. to destroy or disassemble the civil young Mr. Roper, when Roper wanted The CHAIRMAN. The time of the rights superstructure that we have put to have someone seized and arrested gentleman from Hawaii [Mr. ABER- in place. We have not been inconsistent because of their views, Roper says, CROMBIE] has expired. here. ‘‘There is! God’s law.’’ (By unanimous consent, Mr. ABER- Civil rights actions are different in And Sir Thomas More said, ‘‘Then CROMBIE was allowed to proceed for 2 all kings of ways. For example, for God can arrest him.’’ additional minutes.) most of those actions, punitive dam- Then Roper said this is ‘‘sophistica- Mr. ABERCROMBIE. Mr. Chairman, I ages are not available. Compensatory tion upon sophistication’’—the kind of find myself discussing this not as a damages are often unavailable. Under argument we are hearing on this floor question of partisanship, not as a ques- Title VII, all you can get is your back today. tion of Democrats versus Republicans. H 2744 CONGRESSIONAL RECORD — HOUSE March 7, 1995 I do not find myself in a position, Mr. I wish we had had more time in the NOES—229 Chairman—and I refer again to my committee hearing, but we did not. I Allard Frelinghuysen Myers good friend, the gentleman from Cali- appeal to the Members, at least on this Archer Frisa Myrick fornia, and some of the others I have Armey Funderburk Nethercutt amendment, please realize that the Bachus Gallegly Neumann discussed this with—of looking at this basis is not Democrat versus Repub- Baesler Ganske Ney even as a question of winners and los- lican. It is a matter of standing up for Baker (CA) Gekas Norwood ers. On the particular issue, I think we Baker (LA) Gilchrest Nussle the fundamentals, standing up for the Ballenger Gillmor Oxley are ill-served by this contract. freedom of the people of the United Barr Goodling Packard This is not a question of loser pays in States. Barrett (NE) Goss Parker regard to clients and lawyers. This is a Bartlett Graham Paxon The CHAIRMAN. The question is on question of whether we are losing as Barton Greenwood Petri the amendment offered by the gen- Bass Gunderson Pickett freedom-loving individuals. Some of tleman from Michigan [Mr. CONYERS]. Bateman Gutknecht Pombo my libertarian friends that I have on Bereuter Hall (TX) Porter the other side of the aisle find them- The question was taken; and the Bilbray Hancock Portman selves stumbling for an explanation to Chairman announced that the ayes ap- Bilirakis Hansen Pryce peared to have it. Bliley Hastert Quillen me as to how they can be for this. This Blute Hastings (WA) Quinn is the ultimate defense of the individ- RECORDED VOTE Boehlert Hayworth Radanovich Boehner Hefley Ramstad ual against the State. Mr. MOORHEAD. Mr. Chairman, I de- Mr. DURBIN. Mr. Chairman, will the Bonilla Heineman Regula mand a recorded vote. Bono Herger Riggs gentleman yield? A recorded vote was ordered. Brewster Hilleary Roberts Mr. ABERCROMBIE. Yes, I yield to Brownback Hoekstra Rogers The vote was taken by electronic de- the gentleman from Illinois. Bryant (TN) Hoke Rohrabacher vice, and there were—ayes 194, noes 229, Bunn Horn Ros-Lehtinen Mr. DURBIN. Mr. Chairman, the gen- not voting 11, as follows: Bunning Hostettler Roukema tleman has given the most classic con- Burr Houghton Royce servative argument I have ever heard. [Roll No. 205] Burton Hunter Salmon He is asking for us to protect our Buyer Hutchinson Sanford AYES—194 Callahan Hyde Saxton rights as individuals against forces Calvert Inglis Scarborough that otherwise would prevail, whether Abercrombie Gilman Owens Camp Istook Schaefer they are the power of government or Ackerman Gonzalez Pallone Canady Johnson (CT) Schiff Andrews Goodlatte Pastor Cardin Johnson, Sam Seastrand the power of wealth. The reference he Baldacci Gordon Payne (NJ) Castle Jones Sensenbrenner has made to ‘‘a man for all seasons’’ is Barcia Green Payne (VA) Chabot Kasich Shadegg one of my favorites. I thank the gen- Barrett (WI) Gutierrez Pelosi Chambliss Kelly Shaw Becerra Hall (OH) Peterson (FL) tleman for bringing it into this debate. Chenoweth Kim Shays Beilenson Hamilton Peterson (MN) Christensen King Shuster Mr. ABERCROMBIE. Mr. Chairman, I Bentsen Harman Pomeroy Chrysler Kingston Skeen thank the gentleman. Berman Hastings (FL) Poshard Clinger Klug Smith (MI) Bevill Hayes Rahall Coble Knollenberg Smith (NJ) As I bring this up, let me say that I Bishop Hefner Reed make it a practice of reading this play Coburn Kolbe Smith (TX) Bonior Hilliard Reynolds Collins (GA) LaHood Smith (WA) at least once a year to remind myself Borski Hinchey Richardson Combest Largent Solomon of why I am in the Congress. This is Boucher Hobson Rivers Cooley Latham Souder one of the reasons why I am here, and Browder Holden Roemer Cox LaTourette Spence Brown (CA) Hoyer Rose Crane Lazio Stearns I want to tell the Members that this Brown (FL) Jackson-Lee Roybal-Allard Crapo Leach Stockman debate has energized me. Sometimes I Brown (OH) Jacobs Rush Cremeans Lewis (CA) Stump get up tired in the morning, and I am Bryant (TX) Johnson (SD) Sabo Cubin Lewis (KY) Talent Chapman Johnson, E.B. Sanders sure we all have done that. I read in Cunningham Lightfoot Tate Clay Johnston Sawyer Deal Linder Tauzin the Post today how tired we all are be- Clayton Kanjorski Schroeder DeLay Livingston Taylor (NC) cause we have been moving at a fast Clement Kaptur Schumer Diaz-Balart LoBiondo Thomas Clyburn Kennedy (MA) Scott Dickey Longley Thornberry pace. That is all right. I do not mind Coleman Kennedy (RI) Serrano myself, but I realize I am here dealing Doolittle Lowey Tiahrt Collins (IL) Kennelly Sisisky Dornan Lucas Torkildsen with the fundamentals, not just me but Collins (MI) Kildee Skaggs Dreier Manzullo Upton all of us here, my dear friends and col- Conyers Kleczka Skelton Duncan Martini Vucanovich leagues. We are dealing with the fun- Costello Klink Slaughter Dunn McCollum Waldholtz Coyne LaFalce Spratt Ehrlich McCrery Walker damentals. This is what this is all Cramer Lantos Stark Emerson McHale Walsh about. Danner Laughlin Stenholm English McHugh Wamp More paid with his head. More paid Davis Levin Stokes Ensign McInnis Weller de la Garza Lewis (GA) Studds with his head for standing up for free- Everett McIntosh White DeFazio Lincoln Stupak Ewing McKeon Whitfield dom. We will not have to do that DeLauro Lipinski Tanner Fawell Metcalf Wicker today. This is my political head or Dellums Lofgren Taylor (MS) Fields (TX) Meyers Wolf your political head. What difference Deutsch Luther Tejeda Flanagan Mica Young (AK) Dicks Maloney Thompson does that make? Nobody is going to be Foley Miller (FL) Young (FL) Dingell Manton Thornton Forbes Molinari Zeliff shot coming out of this Chamber. No- Dixon Markey Thurman Fowler Moorhead Zimmer body is going to be arrested under Doggett Martinez Torres Franks (CT) Moran Dooley Mascara Torricelli Franks (NJ) Morella these circumstances, not coming out of Doyle Matsui Towns here. But it is not rhetoric for those Durbin McCarthy Traficant NOT VOTING—11 whom it affects. And when it comes to Edwards McDermott Tucker Condit McDade Rangel religion, this is the first, Mr. Chair- Ehlers McNulty Velazquez Engel Meehan Vento Flake McKinney Roth man. The first of all our amendments, Eshoo Menendez Visclosky Gibbons Meek Weldon (PA) Mr. Chairman, is freedom of religion, Evans Mfume Volkmer Jefferson Olver Minus this, we lose the entire basis of Farr Miller (CA) Ward b 1347 what the United States and democracy Fattah Mineta Waters Fazio Minge Watt (NC) The Clerk announced the following is all about. Fields (LA) Mink Watts (OK) I plead with the Members, please, to Filner Moakley Waxman pairs: examine the basis of what we are doing Foglietta Mollohan Weldon (FL) On this vote: Ford Montgomery Williams Mr. Jefferson for, with Mr. Roth against. here. It is not important to pass every- Fox Murtha Wilson thing. It is not important to say yes, Frank (MA) Nadler Wise Mr. Flake for, with Mr. Weldon of Penn- every ‘‘i’’ was dotted and every ‘‘t’’ was Frost Neal Woolsey sylvania against. crossed in this contract, regardless of Furse Oberstar Wyden Mr. DAVIS and Mr. SCHUMER Gejdenson Obey Wynn how we have come to feel about it. Gephardt Ortiz Yates changed their vote from ‘‘no’’ to ‘‘aye.’’ That is why we are having this debate. Geren Orton So the amendment was rejected. March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2745 The result of the vote was announced following after line 21 and redesignate the firmly grounded as to the facts of the as above recorded. succeeding paragraph accordingly: case and the law. When you add the Mr. GOODLATTE. Mr. Chairman, I ‘‘(8) This subsection applies only to a claim loser-pay rule to our Federal jurispru- move to strike the requisite number of brought against a small business concern as dence, you put an average person in the words. defined under section 3 of the Small Business Act.’’. extremely difficult position of deciding Mr. SMITH of Michigan. Mr. Chair- whether to risk the equity in their Mr. BRYANT of Texas. Mr. Chair- man, will the gentleman yield? homes or the money that they put man, the bill before the House today, Mr. GOODLATTE. I yield to the gen- away for their children before pursuing as those who have carefully watched tleman from Michigan. even the most meritorious of claims. this debate now, is one that would for Mr. SMITH of Michigan. Mr. Chair- Let me point out, this does not hurt the first time in American history shift man, I offer an amendment. I would rich folks because they can afford to the burden from where it has always like to say I will not ask for a recorded absorb the costs. It does not hurt poor been to the loser in a lawsuit to pay vote on this amendment. folks because a poor person is not the costs of the winner for bringing the The CHAIRMAN. The gentleman is going to be in any position to pay an lawsuit, so that if a person brings a recognized for debate only on Mr. opposing side’s attorney fees. They can case, even though it appears to be mer- GOODLATTE’s time. The Chair will have simply get their obligation in that re- itorious, even though it is a case that to reserve the ability to separately rec- gard discharged in a bankruptcy pro- anyone would agree could go either ognize for the purpose of offering an ceeding. But it goes to middle class way, when he accidentally, for some amendment. Americans who do not have enough to reason, unforeseeably loses, he then PARLIAMENTARY INQUIRIES be unconcerned about the costs, and faces the enormous burden of paying Mr. GOODLATTE. Mr. Chairman, I have a great deal to lose if they are so have a parliamentary inquiry. all of the expenses of the person on the other side. The result of that, of unhappy so as not to win a case which The CHAIRMAN. The gentleman will otherwise appears to be meritorious. state it. course, is to make it very difficult for people of little means to ever have ac- If we are going to have a law like Mr. GOODLATTE. Mr. Chairman, do that, and I do not think we should, but I have the ability to yield to the gen- cess to our system of justice in the United States. if we are going to have a law like that tleman from Michigan [Mr. SMITH] for on the books, by golly, the effect of it the purpose of offering an amendment? Now, the rationale given for this bill ought to be limited to cases in which The CHAIRMAN. The gentleman has is that we have to somehow, according the defendant is a small business, not a only the ability to yield for the pur- to the advocates of it, make business gigantic business that can well afford pose of debate. The amendment must life a little bit easier for the overbur- to handle its own litigation costs. be offered by the gentleman from dened manufacturer, the small manu- Michigan in his own right. facturer out there, who cannot do busi- Mr. CONYERS. Mr. Chairman, will Mr. GOODLATTE. I yield to the gen- ness because he is constantly faced the gentleman yield? tleman for the purpose of debate. I with the possibility of being sued and Mr. BRYANT of Texas. I yield to the apologize to the gentleman that he will losing. gentleman from Michigan. not be allowed to offer an amendment Yet the bill applies to any type of Mr. CONYERS. Mr. Chairman, I want under these circumstances. manufacturer of any size whatsoever. to commend the gentleman, because in Mr. SMITH of Michigan. Mr. Chair- When we complain that the bill is sim- the closing hours on this debate, the man, then I would yield back to the ply making it easy for the biggest and gentleman has done as much to im- gentleman, because I am still in hopes the largest and the strongest compa- prove it as any provision that has been that I can have the 5 minutes to offer nies in our country to produce products brought. It would be a protection only my amendment. of an inferior type that might later in- for small businesses who would be ex- Mr. GOODLATTE. Mr. Chairman, jure someone, and yet never be sued, empt from the loser-pay feature of this that being the case, I yield back my they say oh, no, we are not trying to bill. time. protect the big boys. We are just trying Mr. BRYANT of Texas. That is cor- Mr. SMITH of Michigan. Mr. Chair- to create an even playing field. We are rect. man, I have a parliamentary inquiry really looking at a way to protect the Mr. CONYERS. I am pleased to sup- The CHAIRMAN. The gentleman will little guys. port it and accept it on our side, and I state it. Well, the amendment which I have hope that because of the limited debate Mr. SMITH of Michigan. Inasmuch as before the House at this moment does opportunity that the gentleman has, my amendment was printed in the just that. What it says is that the that the other side would consider it RECORD, do I understand I have a right loser-pay bill on the floor today only carefully in terms of accepting it as to have a vote on that amendment? applies when the defendant is a small well. The CHAIRMAN. If the gentleman is business as defined by the section 3 of Mr. BRYANT of Texas. Mr. Chair- recognized before the expiration of 7 the Small Business Act. What is that? man, reclaiming my time, I thank the hours at 2:20, the time set for consider- That is a business with 500 or fewer em- gentleman for his comments. ation of the bill under the rule, then ployees. To recapitulate, the amendment says the gentleman will be accorded the op- I submit to you that we are embark- that the loser-pay bill on the floor portunity to offer and have a vote upon ing on a mission here for which we today will only apply when the defend- his amendment. have no evidence, for which we have ant is a small business, that is, one Mr. SMITH of Michigan. It is my un- been given no direction based upon any with 500 employees or less. A small derstanding, Mr. Chairman, that I have empirical data. If we are going to do business is defined in the amendment the right to be recognized and to have that, for goodness’ sake, we ought to as the term ‘‘small business’’ is defined that vote on the amendment, even if limit the effect to small businesses and by section 3 of the Small Business Ad- there is no debate, is that correct? not allow the biggest of the businesses, ministration Act. The CHAIRMAN. The gentleman is the ones that can well afford to pay Mr. Chairman, I urge Members’ sup- correct, if the gentleman offers his their own costs, to be exempt from any port for the amendment. amendment before 2:20. type of a lawsuit that is brought Mr. MOORHEAD. Mr. Chairman, I AMENDMENT OFFERED BY MR. BRYANT OF TEXAS against them, in effect because no one rise in opposition to the amendment of- Mr. BRYANT of Texas. Mr. Chair- will ever dare to bring a lawsuit for fered by the gentleman from Texas. man, I offer an amendment. fear they might lose because of the Mr. Chairman, his amendment would The CHAIRMAN. The Clerk will des- color or their skin or the side of the limit the settlement and attorneys fees ignate the amendment. head on which they part their hair or provisions of H.R. 988 to cases against The text of the amendment is as fol- some other frivolous reason. small business. We do not intend to lows: All of those involved in litigation un- limit the application of these provi- Amendment offered by Mr. BRYANT of derstand there is always a risk that a sions to a large or a small business. As Texas: AMENDMENT NO. 1: Page 4, insert the case can be lost, even a case that is now written under the bill, it applies to H 2746 CONGRESSIONAL RECORD — HOUSE March 7, 1995 any litigant in Federal court under the Wilson Woolsey Wynn Mr. Flake for, with Mr. Cox against. diversity statute. Wise Wyden Yates Mr. Jefferson for, with Mr. Roth against. The purpose of this legislation is to NOES—244 Mrs. FOWLER changed her vote from try and encourage all parties to settle Ackerman Gekas Norwood ‘‘aye’’ to ‘‘no.’’ and not go to trial whenever possible. I Allard Geren Nussle So the amendment was rejected. do not know what percentage of cases Archer Gilchrest Orton The result of the vote was announced Armey Gillmor Oxley filed under the diversity statute are Bachus Gilman Packard as above recorded. filed by small businesses or how often Baker (CA) Goodlatte Parker Mr. INGLIS of South Carolina. Mr. they are the defendants, but loser-pays Baker (LA) Goodling Paxon Chairman, I move to strike the last should be applied to everybody, and not Ballenger Goss Payne (VA) word. Barr Graham Petri be based on the size of a business to the Barrett (NE) Greenwood Pickett The CHAIRMAN. The gentleman is exclusion of ordinary litigants. The Barrett (WI) Gunderson Pombo recognized for 3 minutes. focus of loser-pays is on the strength of Bartlett Gutknecht Porter Mr. SMITH of Michigan. Mr. Chair- Barton Hall (TX) Portman a claim and to discourage weak and Bass Hancock Pryce man, will the gentleman yield? frivolous cases. Bateman Hansen Quillen Mr. INGLIS of South Carolina. I Mr. Chairman, I urge a ‘‘no’’ vote on Bereuter Hastert Quinn yield to the gentleman from Michigan. this amendment. Bilbray Hastings (WA) Radanovich Mr. SMITH of Michigan. Mr. Chair- Bilirakis Hayworth Ramstad The CHAIRMAN. The question is on Bliley Hefley Regula man, I appreciate the gentleman yield- the amendment offered by the gen- Blute Heineman Riggs ing to me. tleman from Texas [Mr. BRYANT]. Boehlert Herger Roberts It is somewhat of a frustrating expe- Boehner Hilleary Rogers The question was taken; and the Bonilla Hobson Rohrabacher rience to have amendments, as Mem- Chairman announced that the noes ap- Bono Hoekstra Ros-Lehtinen bers from both sides of the aisle have peared to have it. Brewster Hoke Roukema had only to be pre-empted and ulti- Brownback Horn Royce mately denied the opportunity to offer RECORDED VOTE Bryant (TN) Hostettler Salmon Mr. BRYANT of Texas. Mr. Chair- Bunn Houghton Sanford those amendments. man, I demand a recorded vote. Bunning Hunter Sawyer The members of that committee are Burr Hutchinson Saxton given priority. Mr. Chairman, the A recorded vote was ordered. Burton Hyde Scarborough The vote was taken by electronic de- Buyer Inglis Schaefer members of that committee are essen- vice, and there were—ayes 177, noes 214, Callahan Istook Schiff tially all attorneys, so those of us who not voting 13, as follows: Calvert Johnson (CT) Seastrand are members of other occupations get Camp Johnson, Sam Sensenbrenner little opportunity to say ‘‘wait a [Roll No. 206] Canady Jones Shadegg minute.’’ AYES—177 Castle Kasich Shaw Chabot Kelly Shays Mr. Chairman, the title of this bill is Abercrombie Frost Murtha Chambliss Kim Shuster ‘‘The Attorney Accountability Act.’’ In Baesler Furse Nadler Chenoweth King Sisisky Baldacci Gejdenson Neal Christensen Kingston Skaggs fact, this bill as currently written does Barcia Gephardt Oberstar Chrysler Klug Skeen little to make attorneys accountable. Becerra Gonzalez Obey Clinger Knollenberg Smith (MI) The only part of this bill that does Beilenson Gordon Olver Coble Kolbe Smith (NJ) anything to make lawyers accountable Bentsen Green Coburn LaHood Smith (TX) Ortiz for their actions is the change in rule Berman Gutierrez Owens Collins (GA) Largent Smith (WA) Bevill Hall (OH) Pallone Combest Latham Solomon XI. Bishop Hamilton Pastor Cooley LaTourette Souder That change, requiring a mandatory Bonior Harman Crane Lazio Spence Payne (NJ) Borski Hastings (FL) Crapo Leach Stearns penalty for violation of the rule, ap- Pelosi Boucher Hayes Cremeans Lewis (CA) Stenholm plies only in the small number of cases Browder Hefner Peterson (FL) Cubin Lewis (KY) Stockman Peterson (MN) in which an attorney is actually sanc- Brown (CA) Hilliard Cunningham Lightfoot Stump tioned by a judge under rule XI. As we Brown (FL) Hinchey Pomeroy Davis Linder Talent Brown (OH) Holden Poshard Deal Livingston Tate have heard from most everybody, Mr. Bryant (TX) Hoyer Rahall DeLay LoBiondo Tauzin chairman, there are very few sanctions Cardin Jackson-Lee Reed Diaz-Balart Longley Taylor (MS) that take place. If ever this sanction Chapman Jacobs Reynolds Dickey Lucas Taylor (NC) Clay Johnson (SD) Richardson Doolittle Manzullo Thomas does take place, the judge even has the Clayton Johnson, E.B. Rivers Dornan Martini Thornberry right to waive the penalty on the at- Clement Johnston Roemer Dreier McCollum Tiahrt torney and assess all of the sanction Clyburn Kanjorski Rose Dunn McCrery Torkildsen penalties on the client. Coleman Kaptur Ehlers McHugh Upton Roybal-Allard Mr. Chairman, my amendment would Collins (IL) Kennedy (MA) Rush Ehrlich McInnis Vucanovich Collins (MI) Kennedy (RI) Sabo Emerson McIntosh Waldholtz have required attorneys to accept some Conyers Kennelly Sanders English McKeon Walker responsibility for their actions by mak- Costello Kildee Everett McNulty Walsh Schroeder Coyne Kleczka Ewing Metcalf Wamp ing them liable for 50 percent of the un- Schumer Cramer Klink Fawell Meyers Watts (OK) paid costs of unnecessary litigation Scott Danner LaFalce Fields (TX) Mica Weldon (FL) Serrano that the client does not pay fully. I de la Garza Lantos Flanagan Miller (FL) Weldon (PA) think this is important. DeFazio Laughlin Skelton Foley Minge Weller DeLauro Levin Slaughter Forbes Molinari White Mr. Chairman, under H.R. 988 as currently Dellums Lewis (GA) Spratt Fowler Montgomery Whitfield drafted, attorneys seeking a big, contingency Deutsch Lincoln Stark Fox Moorhead Wicker fee payday have an incentive to litigate weak Dicks Lipinski Stokes Franks (CT) Moran Wolf Dingell Lofgren Studds Franks (NJ) Morella Young (AK) cases aggressively. If the client wins, the law- Dixon Lowey Stupak Frelinghuysen Myers Young (FL) yer cashes in. If the client loses, the client is Doggett Luther Tanner Frisa Myrick Zeliff stick with the bill. It's even better if the client's Dooley Maloney Tejeda Funderburk Nethercutt Zimmer poorÐthen no one has to pay. Doyle Manton Thompson Gallegly Neumann Duncan Markey Thornton Ganske Ney My amendment makes an attorney liable for Durbin Martinez Thurman half of any attorney's fee award that a client Edwards Mascara Torres NOT VOTING—13 can't pay. This sanction is not unduly harsh. Engel Matsui Towns Andrews Jefferson Roth Ensign McCarthy There can be no award of fees unless: Traficant Condit McDade Torricelli Eshoo McDermott Cox McKinney Williams First, a settlement is offered; Evans McHale Tucker Flake Meek Second, the offer is rejected; and Farr Meehan Velazquez Gibbons Rangel Fattah Menendez Vento Third, the jury returns a verdict less than the Visclosky offer. Fazio Mfume b Fields (LA) Miller (CA) Volkmer 1417 In the few cases in which these conditions Filner Mineta Ward The Clerk announced the following are met, the award is limited: Foglietta Mink Waters Ford Moakley Watt (NC) pairs: First, it's capped at the amount of the Frank (MA) Mollohan Waxman On this vote: offeree's expenses; March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2747 Second, it's limited to the actual cost in- his life savings to pay the defendant's attor- Committee, having had under consider- curred from the time of the offer through the neys fees. These fees will be considerable; ation the bill (H.R. 988), to reform the end of the trial; and because the plaintiff has a contingency fee Federal civil justice system, pursuant Third, the judge has discretion to moderate agreement with his own attorney, he will be to House Resolution 104, he reported or waive the penalty when it would be mani- required to pay the defendant a fee calculated the bill back to the House with an festly unjust. on an hourly rate limited only to the number of amendment adopted by the Committee These modest steps are necessary if we hours his own attorney worked. Because liabil- of the Whole. truly intend to make attorneys accountable. My ity was a close question, his own attorney Under the rule, the previous question amendment tells lawyers: This is a court, not worked many hours to prepare this case. is ordered. a lottery office. You're an officer of this court. There is no reasonable counter-offer the plain- Is a separate vote demanded on the As an officer of this court, you have a respon- tiff can make that will protect him from having amendment to the committee amend- sibility to the court and the other litigants not to pay attorneys fees if he loses, because the ment in the nature of a substitute to waste their time and money. And if you ig- only offer that would protect him would be an adopted by the Committee of the nore these responsibilities, you can be held offer to dismiss his case. Because H.R. 988 Whole? If not, the question is on the liable. I ask the House to vote ``yes'' on the does not give him a way to avoid risking his committee amendment in the nature of Smith amendment to H.R. 988. life savings if the defendant offers him $1, the a substitute, as amended. Mrs. SCHROEDER. Mr. Chairman, I regret plaintiff has to be willing to gamble his life sav- The committee amendment in the that the time constraints imposed by the rule ings in order to pursue a case with high dam- nature of a substitute, as amended, was precluded consideration of the Harman ages and a 70±30 probability of winning liabil- agreed to. amendment, which replaces H.R. 988's ``loser ity. The Harman amendment, by contrast, pro- The SPEAKER pro tempore. The pays'' provision with the attorneys fees stand- tects the individual who seeks access to the question is on the engrossment and ard in the securities bill. courts in a case where liability is reasonably third reading of the bill. The goal of deterring frivolous lawsuits is a likely, but not a slam dunk. Unless we adopt The bill was ordered to be engrossed worthy one. However, H.R. 988's loser pays the Harman amendment, the results of this bill and read a third time, and was read the provision goes well beyond that; it gives a are: third time. wealthy party the power to slam the court- First, the middle-income plaintiff, who is The SPEAKER pro tempore. The house door shut in the face of a middle-in- strongly risk-averse, can pursue even a rel- question is on the passage of the bill. come or poor individual with a reasonably atively strong case only by putting his life sav- MOTION TO RECOMMIT OFFERED BY MR. CONYERS strong case. The Harman amendment strikes ings on the line. Mr. CONYERS. Mr. Speaker, I offer a a better balanceÐit deters suits that are frivo- Second, the bargaining power between indi- motion to recommit. lous, but allows ordinary people to pursue viduals and large corporations is very uneven, The SPEAKER pro tempore. Is the close cases. because the plaintiff is risking his life savings, gentleman opposed to the bill? Assume a case in which the damages are while all of the risks on the defendant's side Mr. CONYERS. I certainly am, Mr. highÐfor example, $500,000Ðand the amount are absorbable as a cost of doing business. Speaker. of damages is essentially undisputed. How- Third, the court cannot step in to level this The SPEAKER pro tempore. The ever, the defendant's liability is not a certainty. playing field, because even though H.R. 988 Clerk will report the motion to recom- The plaintiff's attorney advises him that the li- allows the court to decline to order the loser mit. ability question is fairly strong, but it isn't a to pay if the court finds that requiring payment The Clerk read as follows: slam dunk. The attorney estimates that the would be manifestly unjust, the report filed by Mr. CONYERS moves to recommit H.R. 988 odds are perhaps 70±30 in favor of winning the Judiciary Committee states very clearly back to the Committee on the Judiciary the liability question. In this kind of case, that the standard governing this exception is with instruction to report back forthwith under our current system, the plaintiff will ei- ``an exceptionally high one, extending well be- with the following amendment: ther win a judgment of something very close yond the relative wealth of the parties.'' Thus, Strike section 2 of the bill, and insert the to $500,000, or will win nothing. This is clearly the fact that the winning defendant is a large following: not a frivolous case; it is a reasonable case corporation, and the losing plaintiff is a middle- SEC. 2. AWARD OF COSTS AND ATTORNEY’S FEES for the plaintiff to pursue, even if, in the end, income plaintiff who will have to use all of his IN FEDERAL CIVIL DIVERSITY LITI- he loses. Under current law, even a poor or life savings to pay the defendant's attorneys GATION. middle-income plaintiff will be able to pursue fees, is not something that the Republican ma- Section 1332 of title 28, United States Code, is amended by adding at the end the follow- this case, because he can obtain representa- jority believes is a manifest injustice. ing: tion on a contingency fee basis, and does not The respected conservative British maga- ‘‘(e) AWARDS OF FEES AND EXPENSES.— assume any risk of having to pay the other zine, the Economist, has called for the repeal ‘‘(1) AUTHORITY TO AWARD FEES AND EX- side's attorneys fees if he loses. of the so-called English rule, that is, loser PENSES.—In any action over which the court But let us assume that H.R. 988 is in effect. pays, in England, precisely because it shuts has jurisdiction under this section, if the Assume that the defendant is a large corpora- the courthouse door to middle-income parties. court enters a final judgment against a party tion, whose decisionmaking with respect to the Let's not make the mistake of giving large cor- litigant on the basis of a motion to dismiss, case is not particularly affected by the possibly porations and wealthy individuals an unfair ad- motion for summary judgment, or a trial on the merits, the court shall, upon motion by of recovering its attorneys fees, because they vantage in our civil justice system. The Amer- the prevailing party, determine whether (A) are considered to be a routine cost of doing ican way is equal justice under law. H.R. 988 the position of the losing party was not sub- business. The defendant makes a $1 offer to replaces that with a system of all the justice stantially justified, (B) imposing fees and ex- the plaintiff, which is filed and served very you can afford. I urge adoption of the Harman penses on the losing party or the losing par- early in the case. The defendant's primary mo- amendment. ty’s attorney would be just, and (C) the cost tivation is not to reach a reasonable settle- The CHAIRMAN. All the time has ex- of such fees and expenses to the prevailing ment; it is to try to deter the lawsuit altogether pired. party is substantially burdensome or unjust. by playing on the plaintiff's unwillingness to The question is on the committee If the court makes the determinations de- amendment in the nature of a sub- scribed in clauses (A), (B), and (C), the court roll the dice on his life savings on a 70±30 shall award the prevailing party reasonable gamble. stitute, as amended. fees and other expenses incurred by that The plaintiff is a middle-income individual The committee amendment in the party. The determination of whether the po- who has a contingency-fee agreement with his nature of a substitute, as amended, was sition of the losing party was substantially attorney, and has managed to salt away some agreed to. justified shall be made on the basis of the savings, which he hopes to use for his chil- The CHAIRMAN. Under the rule, the record in the action for which fees and other dren's college education, or perhaps to sup- committee rises. expenses are sought, but the burden of per- port either his own retirement, or his parents Accordingly, the Committee rose; suasion shall be on the prevailing party. ‘‘(2) SECURITY FOR PAYMENT OF COSTS IN in the event they need his support later in their and the Speaker pro tempore, Mr. CLASS ACTIONS.—In any private action aris- lives. BARRETT of Nebraska, having assumed ing under this section that is certified as a Under the terms of section 2 of H.R. 988Ð the chair, Mr. HOBSON, Chairman of the class action under the Federal Rules of Civil the Goodlatte loser pays provisionÐif the Committee of the Whole House on the Procedure, the court shall require an under- plaintiff loses the case, he will end up losing State of the Union, reported that that taking from the attorneys for the plaintiff H 2748 CONGRESSIONAL RECORD — HOUSE March 7, 1995 class, the plaintiff class, or both, in such pro- HARMAN] which would limit the so- consequences which limit access to jus- portions and at such times as the court de- called loser pays provisions to those tice. termines are just and equitable, for the pay- cases where the settlement offer was The Harman amendment to recom- ment of fees and expenses that may be reasonable and made in good faith. awarded under paragraph (1). mit essentially cushions some of the ‘‘(3) APPLICATION FOR FEES.—A party seek- This is the same standard being worst features that now exist in the ing an award of fees and other expenses adopted in the context of the Repub- bill, and, as I have said before, it dupli- shall, within 30 days of a final, lican bill on securities litigation, H.R. cates the bill on securities litigation nonappealable judgment in the action, sub- 1058. This is the precise language in the by adopting the very same standard. mit to the court an application for fees and Republican bill on securities scheduled Please support the motion to recom- other expenses that verifies that the party is to be on the floor shortly. mit this bill. entitled to such an award under paragraph I would hope that my Republican col- Mr. MOORHEAD. Mr. Speaker, I rise (1) and the amount sought, including an leagues would be able to see the logic itemized statement from any attorney or ex- in opposition to the motion to recom- pert witness representing or appearing on be- of extending the same standard to in- mit. half of the party stating the actual time ex- jured tort victims as they do to stock- The SPEAKER pro tempore. The gen- pended and the rate at which fees and other holders. If someone loses a limb in a tleman from California [Mr. MOOR- expenses are computed. product liability case, they should have HEAD] is recognized for 5 minutes. ‘‘(4) ALLOCATION AND SIZE OF AWARD.—The the same access to justice as an inves- court, in its discretion, may— Mr. MOORHEAD. Mr. Speaker, the tor who has received fraudulent infor- motion to recommit, unlike the loser ‘‘(A) determine whether the amount to be mation. awarded pursuant to this subsection shall be pays language in H.R. 988, would take awarded against the losing party, its attor- The English rule, which requires los- control out of the hands of the party ney, or both; and ers to pay the legal fees of winners, and give it to the courts. ‘‘(B) reduce the amount to be awarded pur- which I had not thought would ever be Moreover, an award of attorneys’ fees suant to this subsection, or deny an award, popular in America, since we have the under this amendment is merely dis- to the extent that the prevailing party dur- American rule, would substantially cretionary with the court and not man- ing the course of the proceedings engaged in eliminate justice for the middle class datory, like the language of H.R. 988. conduct that unduly and unreasonably pro- members of our society. This amendment would also make the tracted the final resolution of the action. As in England, those without a sig- ‘‘(5) AWARD IN DISCOVERY PROCEEDINGS.—In losing party’s lawyer vulnerable for at- nificant financial cushion will simply adjudicating any motion for an order com- torneys’ fees. be unable to afford the risks of losing pelling discovery or any motion for a protec- This approach completely overlooks litigation. tive order made in any action over which the the fact that a decision to settle the court has jurisdiction under this section, the Ms. HARMAN. Mr. Speaker, will the case or press the case to trial is a deci- court shall award the prevailing party rea- gentleman yield? sion of the party and not their lawyer. sonable fees and other expenses incurred by Mr. CONYERS. I yield to the gentle- the party in bringing or defending against The lawyer cannot settle a case with- woman from California. the motion, including reasonable attorneys’ out the consent of his client. fees, unless the court finds that special cir- Ms. HARMAN. Mr. Speaker, I thank the gentleman for his heroic attempt The ultimate decision must be the cumstances make an award unjust. client’s as to whether a settlement is ‘‘(6) RULE OF CONSTRUCTION.—Nothing in to allow me to offer an amendment this subsection shall be construed to limit or that is now part of the motion to re- made or not. If the approach in this impair the discretion of the court to award commit. amendment were adopted, the lawyer costs pursuant to other provisions of law. Essentially the motion would borrow would have to evaluate every case with ‘‘(7) PROTECTION AGAINST ABUSE OF PROC- fee-shifting provisions from the 1980 a view toward his own liability, which ESS.—In any action to which this subsection would easily conflict with the interests applies, a court shall not permit a plaintiff Equal Access To Justice Act, which is now a Federal law, and from the pre- of the party he purports to represent. to withdraw from or voluntarily dismiss Mr. Speaker, this amendment, while such action if the court determines that such cise language that will be offered later withdrawal or dismissal is taken for pur- today in the securities litigation re- appropriate for securities cases, should poses of evasion of the requirements of this form bill by the gentleman from Cali- not be applied across the board. It will subsection. fornia [Mr. COX], which sets up a three- gut the loser pays language in H.R. 988. ‘‘(8) DEFINITIONS.—For purposes of this sub- part standard for fee shifting. We feel I urge its defeat. section— that this would be much more fair than Mr. Speaker, I yield the balance of ‘‘(A) The term ‘fees and other expenses’ in- my time to the gentleman from Vir- cludes the reasonable expenses of expert wit- the language of the gentleman from nesses, the reasonable cost of any study, Virginia [Mr. GOODLATTE] in the ginia [Mr. GOODLATTE]. analysis, report, test, or project which is present bill. Mr. GOODLATTE. Mr. Speaker, I found by the court to be necessary for the Mr. Chairman, I would commend the thank the gentleman for yielding to preparation of the party’s case, and reason- gentleman from Virginia [Mr. me, and I thank the chairman of the able attorneys’ fees and expenses. The GOODLATTE] for his enormous effort to subcommittee for his fine work on this amount of fees awarded under this sub- provide a standard that is fair, but I legislation, and the other side for the section shall be based upon prevailing mar- very civil way this debate has been ket rates for the kind and quality of services would point out that in making that furnished. standard mandatory, he could very conducted. ‘‘(B) The term ‘substantially justified’ well cause unfair results in close cases However, Mr. Speaker, I must rise in shall have the same meaning as in section and the Cox language, which we will opposition to this motion to recommit, 2412(d)(1) of title 28, United States Code.’’. debate fully later, would take care of because it will return us to the situa- Mr. CONYERS (during the reading). those problems. tion we gave right now. Mr. Speaker, I ask unanimous consent I would urge support for the motion b that the motion to recommit be consid- to recommit, and I would urge consid- 1430 ered as read and printed in the RECORD. eration of this much better language. It will eliminate the opportunity we The SPEAKER pro tempore. Is there Mr. CONYERS. Mr. Speaker, in clos- have to truly say that when you go objection to the request of the gen- ing, the loser pays is a phrase that ap- into Federal court, you have to be re- tleman from Michigan? peals to everyone who has heard it. It sponsible, you have to be prepared to There was no objection. removes itself to anecdotes about court take responsibility for your own ac- The SPEAKER pro tempore. The gen- cases that appeared or produced an ab- tions. By giving to the judge the dis- tleman from Michigan [Mr. CONYERS] is surd or abusive outcome, but govern- cretion of whether or not to apply at- recognized for 5 minutes. ment by anecdote can produce disas- torneys’ fees, you will put us back to Mr. CONYERS. Mr. Speaker, this has trous policy. the situation we have right now with been a long 2 days on a bill that has Although the Contract With America rules like rule 11, which has the effect presented a lot of problems to people. I claims that the loser pays provision is of saying, ‘‘Yes, we have sanctions, am, on the motion to recommit, intro- intended to penalize frivolous lawsuits but, gee, maybe we wont’t apply ducing a concept that was presented by and discourage the filing of weak cases, them,’’ and the evidence is that they the gentlewoman from California [Ms. it is almost certain to have adverse have not been applied. March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2749 There are some other problems with Boehlert Graham Paxon Hilliard McHale Schroeder Boehner Greenwood Payne (VA) Hinchey Meehan Schumer this amendment. For one thing, this Bonilla Gunderson Peterson (MN) Holden Menendez Scott amendment incorporated in the motion Bono Gutknecht Petri Hoyer Mfume Serrano to recommit could allow the court to Brewster Hall (TX) Pombo Jackson-Lee Miller (CA) Sisisky require that the winning party’s legal Brownback Hancock Porter Jacobs Mineta Skaggs Bryant (TN) Hansen Portman Johnson (SD) Mink Skelton fees be paid by the losing party’s attor- Bunn Hastert Pryce Johnson, E. B. Moakley Slaughter ney. Bunning Hastings (WA) Quillen Johnston Mollohan Spratt This is a very wrongheaded concept Burr Hayworth Quinn Kanjorski Moran Stark Burton Hefley Radanovich Kaptur Murtha Stokes in American justice. You should not Callahan Heineman Ramstad Kennedy (MA) Nadler Studds ever drive a wedge between anybody Calvert Herger Regula Kennedy (RI) Neal Stupak and their lawyer who has all kinds of Camp Hilleary Riggs Kennelly Nethercutt Tanner ethical responsibilities in the represen- Canady Hobson Roberts Kildee Oberstar Tejeda Castle Hoekstra Rogers King Obey Thompson tation of their client. Chabot Hoke Rohrabacher Kleczka Olver Thornton Ms. HARMAN. Mr. Chairman, will Chambliss Horn Roukema Klink Orton Thurman the gentleman yield just for one ques- Chenoweth Hostettler Royce LaFalce Owens Torres Christensen Houghton Salmon Lantos Pallone Torricelli tion? Chrysler Hunter Sanford LaTourette Pastor Towns Mr. MOORHEAD. I yield to the gen- Clinger Hutchinson Saxton Laughlin Payne (NJ) Traficant tlewoman from California. Coble Hyde Scarborough Lazio Pelosi Tucker Ms. HARMAN. Is this not the precise Coburn Inglis Schaefer Levin Peterson (FL) Velazquez Collins (GA) Istook Schiff Lewis (GA) Pickett Vento language that will be offered in the Combest Johnson, Sam Seastrand Lincoln Pomeroy Visclosky next bill we take up, the securities liti- Cooley Jones Sensenbrenner Lipinski Poshard Volkmer gation bill, that was drafted by the Cox Kasich Shadegg Lofgren Rahall Ward Crane Kelly Shaw Longley Reed Waters gentleman from California [Mr. COX], Crapo Kim Shays Lowey Reynolds Watt (NC) including the possibility that attor- Cremeans Kingston Shuster Luther Richardson Waxman neys could pay the fee awards? Cubin Klug Skeen Maloney Rivers Williams Mr. GOODLATTE. I have to say I am Cunningham Knollenberg Smith (MI) Manton Roemer Wilson Davis Kolbe Smith (NJ) Markey Ros-Lehtinen Wise not on the committee who produced de la Garza LaHood Smith (TX) Martinez Rose Woolsey that bill, so I do not know. You may be Deal Largent Smith (WA) Martini Roybal-Allard Wyden correct. If so, I will attempt to change DeLay Latham Solomon Mascara Rush Wynn Dickey Leach Souder Matsui Sabo Yates that language in that bill. Doolittle Lewis (CA) Spence McCarthy Sanders But the point is here that if we take Dornan Lewis (KY) Stearns McDermott Sawyer away the mechanism that has been set Dreier Lightfoot Stenholm up in this bill, we will have eliminated Duncan Linder Stockman NOT VOTING—10 Dunn Livingston Stump all of the incentives we created to set- Condit Johnson (CT) Rangel Ehlers LoBiondo Talent Flake McDade Roth tle cases, all of the incentives we have Emerson Lucas Tate Gibbons McKinney created to not bring frivolous, fraudu- English Manzullo Tauzin Jefferson Meek lent, or nonmeritorious lawsuits in Ensign McCollum Taylor (MS) Everett McCrery Taylor (NC) b 1450 U.S. district court. The compromise Ewing McHugh Thomas that we have come up with as changed Fawell McInnis Thornberry The Clerk announced the following from the original bill is a very, very Fields (TX) McIntosh Tiahrt pairs: Flanagan McKeon Torkildsen good effort to control the overload of Foley McNulty Upton On this vote: lawsuits in our courts without having Forbes Metcalf Vucanovich Mrs. Johnson of Connecticut for, with Mr. to go back to a system now where Fowler Meyers Waldholtz Flake against. Fox Mica Walker Mr. Roth for, with Mr. Jefferson against. there is no pressure on some individ- Franks (CT) Miller (FL) Walsh uals not to be responsible when they Franks (NJ) Minge Wamp Mr. CHAPMAN changed his vote decide to bring an action in court. Frelinghuysen Molinari Watts (OK) from ‘‘aye’’ to ‘‘no.’’ I strongly urge the defeat of this mo- Frisa Montgomery Weldon (FL) Funderburk Moorhead Weldon (PA) Mr. BACHUS and Mr. SHAYS tion to recommit. Gallegly Morella Weller changed their vote from ‘‘no’’ to ‘‘aye.’’ The SPEAKER pro tempore (Mr. Ganske Myers White So the bill was passed. BARRETT of Nebraska). Without objec- Gekas Myrick Whitfield The result of the vote was announced Geren Neumann Wicker tion, the previous question is ordered Gilchrest Ney Wolf as above recorded. on the motion to recommit. Gillmor Norwood Young (AK) A motion to reconsider was laid on There was no objection. Gilman Nussle Young (FL) the table. The SPEAKER pro tempore. The Gingrich Ortiz Zeliff Goodlatte Oxley Zimmer f question is on the motion to recommit. Goodling Packard The motion to recommit was re- Goss Parker GENERAL LEAVE jected. NOES—193 The SPEAKER pro tempore. The Mr. MOORHEAD. Mr. Speaker, I ask question is on the passage of the bill. Abercrombie Clayton Engel unanimous consent that all Members Ackerman Clement Eshoo have 5 legislative days in which to re- The question was taken; and the Andrews Clyburn Evans Speaker pro tempore announced that Baesler Coleman Farr vise and extend their remarks on H.R. the ayes appeared to have it. Baldacci Collins (IL) Fattah 988, the bill just passed. Barrett (WI) Collins (MI) Fazio The SPEAKER pro tempore. Is there RECORDED VOTE Bateman Conyers Fields (LA) Becerra Costello Filner objection to the request of the gen- Mr. CONYERS. Mr. Speaker, I de- Beilenson Coyne Foglietta tleman from California? mand a recorded vote. Bentsen Cramer Ford There was no objection. A recorded vote was ordered. Berman Danner Frank (MA) Bevill DeFazio Frost f The vote was taken by electronic de- Bishop DeLauro Furse vice, and there were—ayes 232, noes 193, Bonior Dellums Gejdenson PROVIDING FOR CONSIDERATION not voting 10, as follows: Borski Deutsch Gephardt Boucher Diaz-Balart Gonzalez OF H.R. 1058, SECURITIES LITIGA- [Roll No. 207] Browder Dicks Gordon TION REFORM ACT Brown (CA) Dingell Green AYES—232 Brown (FL) Dixon Gutierrez Mr. DREIER. Mr. Speaker, by direc- Allard Ballenger Bass Brown (OH) Doggett Hall (OH) tion of the Committee on Rules I call Archer Barcia Bereuter Bryant (TX) Dooley Hamilton up House Resolution 1058 and ask for Armey Barr Bilbray Buyer Doyle Harman its immediate consideration. Bachus Barrett (NE) Bilirakis Cardin Durbin Hastings (FL) Baker (CA) Bartlett Bliley Chapman Edwards Hayes The Clerk read the resolution, as fol- Baker (LA) Barton Blute Clay Ehrlich Hefner lows: H 2750 CONGRESSIONAL RECORD — HOUSE March 7, 1995 H. RES. 105 Chair to Members who have had their bill to the floor, I would like to note Resolved, That at any time after the adop- amendments preprinted. the tireless efforts of my friend from tion of this resolution the Speaker may, pur- Mr. Speaker, the rule waives clause 7 Newport Beach, CA [Mr. COX]. suant to clause 1(b) of rule XXIII, declare the of rule XVI relating to germaneness for Mr. COX is a former securities lawyer House resolved into the Committee of the two amendments. One is the amend- and has been involved in securities liti- Whole House on the state of the Union for ment offered by my friend from the gations reform since his days at Har- consideration of the bill (H.R. 1058) to reform other side of the aisle, the gentleman vard Law School. He has pushed this Federal securities litigation, and for other from Oregon [Mr. WYDEN], which estab- purposes. The first reading of the bill shall important reform effort throughout his be dispensed with. General debate shall be lishes audit procedures to detect finan- 6 years in the House, and was ready to confined to the bill and shall not exceed one cial fraud in securities matters. The move forward when the new majority hour equally divided and controlled by the second amendment is offered by a in the Congress made real reform pos- chairman and ranking minority member of Member of the majority, the gen- sible. His hard work and leadership has the Committee on Commerce. After general tleman from California [Mr. COX], to been critical to this effort. debate the bill shall be considered for exempt securities fraud from the RICO Mr. Speaker, presenting this modi- amendment under the five-minute rule for a statute. fied open rule to the House reminds me period not to exceed eight hours. The bill Upon completion of the consideration of a report that I heard last week on shall be considered as read. During consider- of all amendments to the bill the rule National Public Radio’s Morning Edi- ation of the bill for amendment, the Chair- provides for one motion to recommit to man of the Committee of the Whole may ac- tion. It was about a graduate school the minority. course offered by American University cord priority in recognition on the basis of Mr. Speaker, this is a fair rule, pro- whether the Member offering an amendment here in Washington, DC. The subject of has caused it to be printed in the portion of viding for an open amendment process. the course was lobbying. As I listened the Congressional Record designated for that While there is a cap on total time for to the trials and tribulations faced by purpose in clause 6 of rule XXIII. Amend- amendments, the minority is able to those in the lobbying community with ments so printed shall be considered as read. give priority consideration to whatever all of the changes occurring here in Points of order under clause 7 of rule XVI germane amendments their leadership Congress, I was very proud to hear that against the amendments printed in the re- considers most important. Let me re- the professional lobbyists under the port of the Committee on Rules accompany- peat: that they are able to give priority new majority’s policy of open rules find ing this resolution are waived. At the con- consideration to whatever germane the issue of dealing with open rules ex- clusion of consideration of the bill for amendments they consider most impor- traordinarily difficult. amendment the Committee shall rise and re- tant. port the bill to the House with such amend- In the words of the lobbyist that has The Committee on Rules majority is taught the course for years, and I ments as may have been adopted. The pre- not shutting particular amendments vious question shall be considered as ordered quote: out of the process. Securities litiga- on the bill and amendments thereto to final A position of more open rules is a det- passage without intervening motion except tions reform is a critical step in our ef- rimental thing to a lot of lobbying interests. one motion to recommit. fort to help create more high-quality One of the lobbyist’s commandments is SEC. 2. H. Res. 103 is laid on the table. private-sector jobs right here at home. ‘‘keep it off the floor.’’ If you can get some- The SPEAKER pro tempore. The gen- Private securities legislation is un- thing done in committee and have it sealed dertaken today in a system that en- and come out with a closed rule, then you’re tleman from California [Mr. DREIER] is safe. If everything is amendable on the floor, recognized for 1 hour. courages meritless cases, destroys thousands of jobs, undercuts economic that makes the job of the lobbyist that much Mr. DREIER. Mr. Speaker, for pur- growth, and raises the prices that harder because then you’re dealing with 218 poses of debate only, I yield the cus- American families pay for goods and folks instead of just 22 or 23. tomary 30 minutes to my friend, the services. Mr. Speaker, lobbyists know that the gentleman from Texas [Mr. FROST], Mr. Speaker, the defenders of the sta- new Committee on Rules has brought a pending which I yield myself such time tus quo in the minority have said on new openness to the House, and they do as I might consume. All time yielded issue after issue this year: ‘‘If it ain’t not like it. The new majority on the will be for debate purposes only. broke, don’t fix it.’’ Well, this is one Committee on Rules and the many (Mr. DREIER asked and was given time there is no doubt that the current Members of Congress that are support- permission to revise and extend his re- system is broke, and we are very fortu- ing the more open rules are doing right marks, and include extraneous mate- nate that the bill being reported for- by the American people. rial.) ward from the committee will fix it. House Resolution 105, this rule, is no Mr. DREIER. Mr. Speaker, this is a H.R. 1058 creates a system that swift- exception. It is another in a growing modified open rule providing for con- ly finds and punishes real fraud and al- series of rules that do not pick and sideration of H.R. 1058, the Securities lows the victims of fraud to be fully choose amendments to stifle debate. I Litigation Reform Act, with 1 hour of compensated for their losses. At the urge my colleagues to support this general debate. Following general de- same time it will free innocent parties very fair, balanced, modified open rule bate, the bill will be open for amend- from wasteful and baseless litigation as we proceed with debate on the Secu- ment under the 5-minute rule for a pe- designed to enrich litigators alone. rities Litigations Reform Act. riod not to exceed 8 hours. While Chairman BLILEY of the Com- Mr. Speaker, I include for the While there is no requirement that merce Committee and Chairman RECORD material on the amendment amendments be printed in the RECORD FIELDS of the Subcommittee on Tele- process under special rules reported by prior to their consideration, priority in communications and Finance have the Rules Committee, 103d Congress recognition can be accorded by the done tremendous work in bringing this versus the 104th Congress. THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of March 7, 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 18 86 Modified Closed 3 ...... 49 47 3 14 Closed 4 ...... 9 9 0 0 Totals: ...... 104 100 21 100 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 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2751 SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of March 2, 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: v.v. (2/2?/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 ...... 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 potential impact it may have on our Democratic members have made a my time. economy, I question whether 8 hours is good faith effort to participate in the b 1500 really an adequate amount of time to deliberations on the rule for this bill, debate this matter in a free and unfet- but again our efforts have been Mr. FROST. Mr. Speaker, I yield my- tered manner. rebuffed. In spite of bipartisan desires self such time as I may consume. In fact, Mr. Speaker, the gentleman to end frivolous lawsuits while protect- Mr. Speaker, I must rise in opposi- from Michigan [Mr. DINGELL] origi- ing average investors and honesty in tion to this rule. Legislation of this nally requested 12 hours for consider- the securities market, this is not a bi- complexity and which may ultimately ation of amendments on this bill. The partisan rule. For this reason, I urge have an enormous impact on securities majority has asked that the Democrats defeat of the rule. markets and investor transactions in on the Rules Committee confer with this country deserves informed and our leadership to determine the num- AMOUNT OF TIME SPENT ON VOTING UNDER THE RE- considered debate. H.R. 1058 was not ber of hours that we feel would be ade- STRICTIVE TIME CAP PROCEDURE IN THE 104TH CON- thoroughly examined in the Commerce quate to cover the anticipated amend- GRESS Committee, and now, this rule does not ments to legislation scheduled for the give the House an opportunity to thor- floor. The Democratic members of the Bill No. Bill title Roll- Time Time on oughly consider this legislation. In calls spent amends Rules Committee made a responsible fact, Mr. Speaker, there is ample proof request last Friday: that request was H.R. 667 ...... Violent Criminal Incarcer- 8 2 hrs. 40 7 hrs. 20 that in the haste to send this legisla- ation Act. min. min. tion, along with the other pieces of based on our best estimates of the time H.R. 728 ...... Block Grants ...... 7 2 hrs. 20 7 hrs. 40 needed to thoroughly debate this legis- min. min. H.R. 10, to the full House, a significant H.R. 7 ...... National Security Revital- 11 3 hrs. 40 6 hrs. 20 issue was left out, or perhaps forgot- lation. Our request was based on our ization. min. min. discussions with the ranking minority H.R. 450 ...... Regulatory Moratorium ..... 13 3 hrs. 30 6 hrs. 30 ten. min. min. That issue, relating RICO to securi- member of the Commerce Committee H.R. 1022 ..... Risk Assessment ...... 6 2 hrs ..... 8 hrs. ties transactions only came to the at- after his consultations with his mem- H.R. 925 ...... Takings ...... 8 2 hrs. 40 9 hrs. 20 bers. min. min. tention of the Rules Committee yester- H.R. 988 ...... Attorney. day afternoon—2 days after the origi- Last week, the majority of the Rules nal rule, H.R. 103, had been reported to Committee saw fit to only grant 66 per- cent of the requested time. And, last MEMBERS SHUT OUT BY A TIME CAP—104TH the House. In order to provide for the CONGRESS consideration of the RICO issue, it was night when an additional issue, some say a major issue, was added to the is- This is a list of Members who were not al- necessary for the Rules Committee to lowed to offer amendments to major legisla- meet and report yet another rule on sues to be considered by the House, the tion because the 10 hour time cap on amend- H.R. 1058. Yet, in spite of the fact that majority refused to grant any addi- ments had expired. These amendments were another issue was added to the debate tional time for consideration of amend- also pre-printed in the Congressional Record. on H.R. 1058, the Rules Committee did ments to H.R. 1058. Mr. Speaker, it is This list is not an exhaustive one. It con- not see fit to allow the House any more for this reason that I must oppose this tains only Members who had pre-printed time to debate these important issues rule. Last week we made a good faith their amendments; others may have wished through the amendment process. offer under the terms articulated by to offer amendments but would have been Mr. Speaker, House resolution limits Chairman SOLOMON and last night we prevented from doing so because the time for consideration of all amendments to reiterated our position. amendment had expired. Mr. Speaker, the Democratic mem- H.R. 728—Law Enforcement Block Grants: H.R. 1058 to 8 hours. That 8 hours in- 10 Members. bers of the Rules Committee believe cludes time for voting—which, in ef- Mr. Bereuter, Mr. Kasich, Ms. Jackson- fect, places strict limits on the consid- the 8-hour time limit is inadequate for Lee, Mr. Stupak, Mr. Serrano, Mr. Watt, Ms. eration of amendments. I opposed this the consideration of this legislation be- Waters, Mr. Wise, Ms. Furse, Mr. Fields. limit during the debate on this rule in cause of the enormity of the issue, as H.R. 7—National Security Revitalization the Committee on Rules last Friday well as the addition of the RICO Act: 8 Members. and last night and I bring my opposi- amendment. We support efforts to Ms. Lofgren, Mr. Bereuter, Mr. Bonior, Mr. tion to the floor today. Limiting the deter those who abuse the judicial sys- Meehan, Mr. Sanders (2), Mr. Schiff, Mrs. time to consider amendments ulti- tem by filing meritless lawsuits. We Schroeder, Ms. Waters. mately limits the debate and the num- support efforts to provide substantive H.R. 450—Regulatory Moratorium: 15 Mem- ber of amendments which may be of- sanctions on those who engage in these bers. Messrs. Towns, Bentsen, Volkmer, Markey, fered. This limitation is contrary to activities. The desire to make correc- Moran, Fields, Abercrombie, Richardson, the stated objectives of the Republican tions in the process is indeed biparti- Traficant, Mfume, Collins, Cooley, Hansen, majority to open the House to free and san—the only question is how to ac- Radanovich, Schiff. unfettered debate. Considering the complish those corrections. Members H.R. 1022—Risk Assessment: 3 Members (at complexity of this legislation and the need time to consider all the options. least three other Members had amendments H 2752 CONGRESSIONAL RECORD — HOUSE March 7, 1995 prepared but were not allowed to offer them: for the last two Congresses that abu- still refused to increase that 8 hours to Mr. Doggett, Mr. Mica, Mr. Markey). sive litigation costs have led their 10 or 12 hours. Mr. Cooley (2), Mr. Fields, Mr. Vento. companies to contract their business, I would add, Mr. Speaker, that Re- Mr. Speaker, I reserve the balance of to cancel research and development, publican time caps are even worse than my time. and to be less forthcoming with finan- they look, and all the time caps that Mr. DREIER. Mr. Speaker, I yield 4 cial information to their shareholders. we had issued in the last couple of Con- minutes to my friend and classmate, This is an open and fair rule, that al- gresses, not one person was ever frozen the gentleman from Humboldt, TX [Mr. lows consideration of all legitimate out of bringing their amendment for- FIELDS], the distinguished chairman of ward. the Telecommunications Subcommit- amendments. Let us cure this sickness, Under the Republican time caps, they tee. Mr. Speaker, and restore the health of include actually the voting time. That (Mr. FIELDS of Texas asked and was America’s employers. I urge my col- means an 8-hour rule or an 8-hour de- given permission to revise and extend leagues to support the rule. bate time is only about 6 hours, and his remarks.) Mr. FROST. Mr. Speaker, for the pur- once again, they have broken their Mr. FIELDS of Texas. Mr. Speaker, I poses of debate only, I yield 6 minutes promises. rise in support of the rule on H.R. 1058, to the gentleman from Massachusetts Mr. Speaker, just so I can show you the Securities Litigation Reform Act. [Mr. MOAKLEY]. what they mean by moderate open Today’s votes will bring to an end Mr. DREIER. Mr. Speaker, I yield 2 rules, H.R. 728, law enforcement block the debate on one of the least under- minutes to the gentleman from Massa- grants, shouted to the rafters, ‘‘This is stood and potentially most important chusetts [Mr. MOAKLEY]. an open rule, this is a moderate open legal reforms the Congress will address The SPEAKER pro tempore. The gen- rule,’’ they froze out 10 Members with this year. The arcane subject of securi- tleman from Massachusetts [Mr. MOAK- their amendments. ties litigation reform concerns a great LEY] is recognized for 8 minutes. Let me tell you, the Members frozen many more people than just the nine Mr. MOAKLEY. Mr. Speaker, I thank out were the gentleman from Nebraska law firms that dominate this practice. the gentlemen for yielding. [Mr. BEREUTER], the gentleman from It concerns more than the handful of Mr. Speaker, the rule we are consid- Ohio [Mr. KASICH], the gentlewoman law school professors who seem intent ering today adds another Republican from Texas [Ms. JACKSON-LEE], the broken promise to that ever growing on examining the individual trees and gentleman from Michigan [Mr. missing the forest. It concerns more heap. The Republicans promised to let STUPAK], the gentleman from New than the accountants and the brokers the American people have their say in York [Mr. SERRANO]; at least this is an Government by granting 70 percent and the lawyers. equal opportunity freezing out of all open rules. They are breaking that H.R. 1058 concerns desperately needed kinds of Members. promise. reforms that focus on the need to pro- On H.R. 7, the National Security Re- Republicans promised to consider tect the employers of American work- vitalization Act, moderate open rule, every single contract item under an ers from being abused by a handful of ‘‘This is what we promised you,’’ eight open rule. Mr. Speaker, they are break- lawyers. It concerns protecting Amer- Members, and their amendments died ing that promise also. ican shareholders who invest their sav- on the altar down there. ings and use them to provide for their I guess, Mr. Speaker, legislating is The Regulatory Moratorium Act, own welfare, the education of their not as easy as it looks. In their hurry H.R. 450, 15 members were not able to children, and to insure they have a se- to finish the contract and begin the bring their amendments forward; 1022, cure retirement. American investors April recess, the Republicans forgot to H.R. 1022, risk assessment, three Mem- are entitled to see us protect them put the civil RICO amendment offered bers, and at least three other Members from watching their hopes and con- by the gentleman from California [Mr. had amendments prepared but were not fidence disappear when the companies COX] in H.R. 10. They also made a se- allowed to offer them. And even the At- in which they invest their savings are ries of mistakes in the committee re- torney Accountability Act, four Mem- victimized by those who file abusive port which would have opened all sorts bers were frozen out, the gentlewoman and frivolous lawsuits. of points of order. from California [Ms. HARMAN], the gen- Perhaps the greatest contribution to But they decided to throw away the tleman from Michigan [Mr. SMITH], the the debate on this subject has been to old bill and come up with a new one gentleman from Mississippi [Mr. help people understand there are share- that has never seen the inside of a con- PARKER], and the gentleman from Ohio holders on both sides of these cases, gressional committee room. That way [Mr. LATOURETTE]. ‘‘These are open and that in most cases they all lose. they protect the bill from all types of rules.’’ Even SEC Chairman, Arthur Levitt, points of order. Mr. DREIER. Mr. Speaker, will the has noted: Once again, the Republicans sang the gentleman yield? there is a sense in which class action law- praises of a deliberative democracy. Mr. MOAKLEY. I am happy to yield suits simply transfer wealth from one group Where is that chorus now, Mr. Speak- to the gentleman from California. of shareholders, those who are not members er? It certainly was not in committee. Mr. DREIER. Mr. Speaker, I thank of the plaintiff class, to another group of In fact, the amendment this rule adds shareholders. Large transaction costs accom- my friend from south Boston, the pany this transfer, as the total amount paid was not even considered by a congres- former chairman of the Committee on to attorneys on both sides may equal or even sional committee. It had no hearing, Rules, for yielding. exceed the net amount paid to the plaintiff and it was never reported out. The reason I underscore the fact he is class. How is that for sunshine? Mr. Speak- the former chairman of the Committee Something is very wrong with a civil er, this restrictive rule will keep the on Rules, Mr. Speaker, is that it is so litigation system in which only the people’s representatives from improv- apparent the disparity that one must lawyers win. ing this bill by capping the time al- look at between the 103d Congress and H.R. 1058 is about Congress removing lowed for amendments. Democrats the 104th Congress. the incentives that exist in the current asked for 12 hours for amendments, and The gentleman from Massachusetts system for lawyers to sue a company the Republicans said they had time [Mr. MOAKLEY], Mr. Speaker, has just because the price of its stock has only for 8 hours, because they did not said that these Members were knocked dropped. It is about protecting the cor- want anything to interfere with their out, prevented from having the oppor- porations that play so large a role in April 8 recess. tunity to offer these amendments. The this country’s economy from having to Well, I cannot help it, Mr. Speaker, if Committee on Rules did not have a sin- divert resources that are used to run the Republicans put themselves on gle thing to do with that, Mr. Speaker. and expand their businesses into de- schedules, but we at least, if we are not The Committee on Rules said that we fending frivolous lawsuits. This legisla- part of the schedule, we should not will provide a process that is open and tion is sorely needed, it is not an aca- have to abide by all of the schedules. accountable. We made it very clear demic exercise. Witnesses have testi- Then they added the controversial re- this is a modified open rule. This is a fied before the Commerce Committee write of the civil RICO laws, and they modified open rule. March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2753 Mr. MOAKLEY. Reclaiming my time, Mr. DREIER. Mr. Speaker, I am Their actual recovery is even lower. Plain- the Committee on Rules had every- happy to yield 2 minutes to my friend tiffs' lawyers usually take one-third of all the thing to do with this, because the Com- and classmate, the gentleman from settlement proceeds. mittee on Rules could have given more Findlay, OH [Mr. OXLEY], Chairman of The strike suit plague is forcing our compa- time in order that those Members who the Subcommittee on Commerce and nies to squander resources rather than devot- struggled to get those amendments in Trade. ing them to productivity and job creation. It sti- proper form could have brought them (Mr. OXLEY asked and was given fles innovation and adds tens of millions of forward. permission to revise and extend his re- dollars to the cost of doing business. It is time Mr. DREIER. If the gentleman would marks.) we rid our countryside of this disease and yield further, the point is very clear, Mr. OXLEY. I thank the gentleman cure our Nation's economy. and that is the Committee on Rules did for yielding this time to me, and I rise Strike suits are devastating our Nation. A not make the decision which amend- in support of the rule as well as H.R. study by the Rand Institute of Civil Justice 1058. ments could and could not be offered, says excessive litigationÐlargely designed to Our committee has worked long and as has been the case in past Congresses. coerce settlements from successful defend- hard on providing for a reasonable set It is up to the leadership of each party antsÐmay cost our economy as much as $36 of rules that these kinds of debates can to establish their priorities. billion each year. We are not trying to say that an idea take place. I think we have achieved that. All Americans pay a hidden litigation tax to cannot be considered here on the House subsidize the massive cost of strike suits. floor. What we are saying is that with I want to pay particular tribute to Some pay with their jobs, as workers are laid this outside time constraint of 8 or 10 the gentleman from Texas, the chair- off in the wake of extorted settlements. Scores or 12 hours, which we have had, what man of the Subcommittee on Tele- of other able-bodied Americans are never we have said is you all establish your communications and Securities, and hired in the first place. Research and develop- priorities and then bring them to the also to the gentleman from California ment and other investments that spur eco- House floor and have an up-or-down [Mr. COX], and my friend from Louisi- vote on them. ana, who has really been the godfather nomic growth are slashed. Consumers pay Mr. MOAKLEY. It is really up to the of this provision for a number of years. higher prices for their goods and services. All Committee on Rules to offer the We appreciate his ability to work with of us pay the price for strike suits as the law- amendments, to offer the time to bring the majority in crafting what I think is yers quietly walk away with fortunes in ex- these amendments to the floor, and I a very effective bill that will start to torted settlements. do not care how my friend cuts it and get some common sense back into our It is time to rid our Nation of this strike suit talks about leadership. Being on the legal process and at the same time per- epidemic. It is time for a litigation tax cut. Committee on Rules, you can make a mit people who are truly aggrieved to I urge you all to support H.R. 1058 in the bill, if it is a germane bill, or you pursue their claims in court. name of the fiscal health of all Americans. waive points of order, and you bring it I thought the debate in the commit- Mr. FROST. Mr. Speaker, for pur- to the floor, if you give it time, it can tee was lively, informative, and I sus- poses of debate only, I yield 5 minutes be heard. pect the same thing will occur on the to the gentleman from Michigan [Mr. floor during general debate and the DINGELL]. b 1515 amending process. (Mr. DINGELL asked and was given Securities litigation reform is a bill permission to revise and extend his re- Last year we had time caps on half a whose time has come. It is a provision dozen bills. Not one person was frozen marks.) that will allow for, I think, some deal- Mr. DINGELL. Mr. Speaker, make no out from the debates. Under their time ing with securities litigation that is caps, there is not a bill that goes by mistake of it, H.R. 1058 will encourage long overdue. Numerous groups securities fraud. It is a bad bill. that people are not frozen out. throughout the country support this ef- Mr. DREIER. Mr. Speaker, will the Milken, Boesky, people like that would fort. We think that those companies have been delighted to have functioned gentleman yield? that are just starting out, entre- Mr. MOAKLEY. I yield to the gen- under the provisions of this legislation. preneurial companies particularly, are The rule is a bad rule; it is unfair, tleman from California. highly vulnerable to these kinds of Mr. DREIER. I thank the gentleman and it does not give sufficient time for strike lawsuits. That is exactly what the matters involved in this legislation for yielding. this bill tries to mitigate and to Mr. Speaker, not one person was fro- to be properly addressed. Both should change. be rejected by the House. zen out in debate. What happened in I think the gentleman is correct, the Now, I am no water or spear carrier the 103d Congress was that Members rule is proper, and the bill is a good for trial lawyers. I began pushing prod- were frozen out from the third floor, step in the right direction and true uct liability over 10 years ago. Two frozen out because they were told their commonsense legal reform. weeks ago I voted for legislation to re- amendments could not even be offered Mr. Speaker, today I rise in strong support form product liability laws. I have long because we had so many closed rules. of H.R. 1058, The Securities Litigation Reform felt there was a real need for reforming Down here we are saying any amend- Act. ment that is germane can be offered. Is there a person in this Congress or in this medical malpractice and for dealing We have an outside limit of sometimes country who honestly believes that our current with securities litigation, which does 8 to 12 hours. system of securities fraud litigation does not happen to constitute a problem. Mr. MOAKLEY. Mr. Speaker, re- require serious and immediate reform? But this legislation goes well beyond claiming my time—— H.R. 1058 is the answer. meeting needs. It does what the old The SPEAKER pro tempore. (Mr. As we speak, a strike suit plague is dev- Chinese story tells about: It burns DICKEY). The gentleman from Massa- astating our Nation and crippling American down the barn to cook the pig. chusetts has 5 seconds remaining. competitiveness. H.R. 1058, in its zeal to eliminate Mr. MOAKLEY. Five seconds? Well, Unprincipled lawyers are spreading this abuses, goes too far. It creates shelters, thank you. plague at an alarming rate. One firm in par- it creates loopholes, and it creates in- Mr. DREIER. Mr. Speaker, I yield an ticular files a strike suit every 4.2 business centives for securities fraud. It will im- additional 5 seconds to the gentleman days, and 1 of every 8 companies listed on pair the transparency, the fairness of from Massachusetts. the New York Stock Exchange has been crip- our marketplace, and it will make it Mr. MOAKLEY. I am overwhelmed. I pled by strike suits. more difficult for the SEC to deal with want to make the point that the Re- While these lawyers claim to sue in the problems of securities fraud, and it will publican Party came down and said, name of the investor, a number of recent stud- raise real questions about whether ‘‘What happened in the 103d Congress ies show otherwise. For example, the National Americans can continue to trust and to will never happen again. We are going Economic Research Association has con- believe that their securities markets to give out open rules.’’ Well, where are cluded that investors recover just 7 cents on are the best and fairest and most open they? every dollar lost. in the world. H 2754 CONGRESSIONAL RECORD — HOUSE March 7, 1995 This legislation is opposed by a large hearings nor opportunity to amend or refuse to pick among them, which is number of people and agencies that to ask questions or witnesses. what they are really doing now, in an should be listened to carefully. This was dictated by the Republican act of total ineffectual leadership they It is opposed by the Securities and leadership because of scheduling the are refusing to pick among their Mem- Exchange Commission, the State secu- bill on the floor. Originally, it was not bers. rities regulators, Attorney General of even intended for the SEC to be heard. So, against what you give them a full the United States, the U.S. Conference The SEC came forward and said that day to debate, 8 hours, 10 hours, 12 of Mayors, the Government Finance Of- the bill, as originally drafted, would hours, and so on, and they cannot man- ficers Association, individual investors even foreclose their anti-fraud actions age their time well enough to figure and all major consumers groups—all at the Securities and Exchange Com- out how to get various amendments to opposed. mission. the floor, which leaves them then in The American Association of Retired This legislation still has significant the position of being able to go to the Persons, the Gray Panthers, Consumers defects. It ought to be recommitted, it floor and say, ‘‘This Member, somehow Union, Consumer Federation of Amer- ought to be defeated, it ought to be during a 10-hour period, was unable to ica—all oppose it. amended, but it should not be passed. work his amendment in.’’ Citizen Action, Public Citizen, and Mr. DREIER. Mr. Speaker, I am I would suggest that at the very least the U.S. Public Interest Research happy to yield 3 minutes to the distin- what we are doing is debating these is- Group all oppose this legislation. guished gentleman from east Peters- sues under a 5-minute rule and having Why? Because it is bad legislation, burg, PA [Mr. WALKER], chairman of a free and open debate about the issues, because it does not adequately protect the Committee on Science. a debate which is much better than the the interests of the honest, innocent Mr. WALKER. I thank the gentleman system the Democrat leadership would and small investors, and because it for yielding. like to go to, which picks the members threatens the trust of the American Mr. Speaker, I have been fascinated in the Rules Committee. people in the American securities mar- by the series of speeches that have You see, what the Democrat leader- ket. been made on this rule and several oth- ship would really like to have done is I need to remind my colleagues on ers that seem to basically complain they would like to go up to the Rules about the fact that things are actually Committee and have the Republicans the Republican side of the aisle that getting done in the U.S. Congress these choose the Democrat who will be able one of the reasons the United States is days. to offer amendments. That gets them regarded as the wonders of the world in Now, they are not things that the off the hook. Then they get a chance to terms of our securities markets and Democrats want to have done, so they complain about the fact that this Mem- capital-raising system is the fact that bleed and bray out here on the House ber was knocked out and it was the ter- our system is known to be fair and peo- floor about the nature of the process. rible Republicans who did not allow ple know they can trust it. This is a pe- But the fact is that we are moving this Member to have his amendment. culiarity not found elsewhere in the legislation they do not happen to agree Well, actually I think it is a better world. with, and particularly a lot of the left- system to allow Members to come to The bill suffers from multitudes of wing special-interest groups they are the floor freely and offer their amend- defects, and these reveal the extreme beholden to do not agree with, several ment and debate them under the 5- goals of the supporters, goals like ‘‘los- of whom were named by the gentleman minute rule. And if the Democrats ers pays,’’ establishing a defense from Michigan. want to do the job of picking and against recklessness that allows a mis- It is true those groups probably do choosing amongst their Members, they creant to get off by the simple state- not agree with what we are doing, but can certainly do that. But the system ment of, ‘‘Ooops, I forgot the law,’’ and then they always were for big-govern- is far better than the closed system op- imposing harsh pleading requirements ment solutions to virtually everything erated by the Democrats for all too that are impossible to meet for real- that comes down the pike. many years. life plaintiffs with good cases. But I am particularly fascinated by Mr. FROST. Mr. Speaker, for pur- I would observe that under the re- the discussions that we have had on the poses of debate only, I yield 3 minutes quirements for Scienter in the plead- floor today about the process by which to the gentleman from Massachusetts ings in this legislation a person who we are passing legislation and particu- [Mr. MARKEY]. has been wronged by securities fraud larly the concept of open rules. Mr. MARKEY. Mr. Speaker, I rise in will need not only a layer but he will I have consistently come to this floor opposition to this rule for one very need a psychiatrist and a psychic to over a period of years and talked about simple reason: It is not going to allow tell him what was going on inside the need for open rules. I made those us enough time to debate a very com- mind and head of the wrongdoer who points within the leadership of the plex and important issue that will po- skinned him and thousands of other House of Representatives. I would pre- tentially affect every single American. Americans of their hard-won and thou- fer things come out here under an open At the subcommittee level we de- sands of other Americans of their hard- rule. But I must say that I was some- bated only from 1 until 7, with many won and hard-earned savings. what disappointed in the earliest days rollcalls on the floor during that mark- The process? The process was intoler- of this process when apparently the up. At full committee we started in the able. Neither I nor the ranking member Democrat leadership decided to sabo- morning, but it was the day we were of the relevant subcommittee were in- tage open rules and were part of a proc- breaking for Jefferson/Jackson week- cluded in the discussions on the bipar- ess that called adjournment votes and end. As a result, with many rollcalls on tisan compromise. a variety of other things in order to try the floor, we only had, again, a couple Members and staff received markup to undermine that process, simply so of hours to debate these very impor- documents the night before markup. they could come to the floor now and tant issues. That is insufficient time to review and complain about the fact that the rules We went before the Committee on prepare amendments and statements. are not open as they would like. Rules and we asked, quite reasonably, I We were then presented with totally I think that is a nice tactic, it makes think, for an open rule with unlimited different documents and totally dif- for good legislation. It makes, though, time so we could bring these issues out ferent legislation the next day, without for a very difficult process to defend. on the floor. time to review or to understand the I would also say that I think the The problem now, as we know, is that changes. complaints about the fact that it is the majority is limited by their Con- Debate was inexplicably and unfairly done under a period of time is also a tract With America in allocating any shut down at 2:30 p.m. on Thursday, rather interesting argument. The pe- time to any of these very important is- February 16, in a markup which had al- riod of time, of course, forces the Dem- sues. So, as a result, despite the fact ready been shortened by prolonged re- ocrat leadership to actually pick we are given 8 hours here on the floor, cesses for negotiations and by a process amongst their Members who have 1 hour is on the rule, 1 hour is on gen- which permitted neither adequate amendments to bring forward, or to eral debate, 6 hours are left over. And March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2755 to add insult to injury, the Republicans Mr. Speaker, we are going to allow in the 103d Congress the committee on the Rules Committee have now re- that as a defense in these important held two hearings on the subject, and ported out a second rule allowing for a cases, and, third, we have the depleting early in the 104th we held two more. nongermane amendment to be made by requirements which require a specific Empirical studies show that virtually the gentleman from California [Mr. pleading at the get-go of any of this all claims in 10b–5 class actions, meri- COX], and that will also come out of the legislation requiring any plaintiff to be torious and frivolous, are settled. Un- time of the consideration of this legis- Carnac in terms of their ability to fortunately, the settlement amounts lation. know what was going on in the intent bear no relationship to the underlying Let me say quite simply that there of the defendant’s mind at that time, damages, but instead are related prin- are four good reasons to oppose the leg- although they know with some cer- cipally to the amount claimed, or the islation substantively as well. One, an tainty that some fraud has been per- defendants’ insurance coverage. English rule which the very conserv- petrated, and finally the fraud on the Much of H.R. 1058 is no longer con- ative—— market—— troversial, despite the continuing cries Mr. DREIER. Mr. Speaker, will the The SPEAKER pro tempore. The of the plaintiffs’ bar and their support- gentleman yield? time of the gentleman from Massachu- Mr. MARKEY. I would be happy to ers in the State securities commis- setts [Mr. MARKEY] has expired. sions. Most Members of Congress now yield on the gentleman’s time. Mr. DREIER. Mr. Speaker, I yield understand and agree with us that law- myself such time as I may consume. b 1530 yers should not pay referral fees to bro- Mr. Speaker, I think it is important Mr. DREIER. Mr. Speaker, I yield 1 kers who send them clients, or that to clarify that we have 8 hours of time minute to the gentleman from Massa- on amendments, an hour of general de- named plaintiffs should be barred from chusetts [Mr. MARKEY]. bate, and an hour on this rule, a total receiving bounty payments. Most Mem- The SPEAKER pro tempore (Mr. of 10 hours. bers are appalled that the current sys- DICKEY). The gentleman from Massa- Mr. Speaker, I yield 2 minutes to my tem is a race to the courthouse which chusetts has an additional minute. friend and another classmate from rewards the first to file, regardless of Mr. DREIER. Mr. Speaker, will the Richmond, VA, the gentleman from how little merit the case has. Only the gentleman yield? Virginia [Mr. BLILEY], the chairman of most strident supporters of plaintiff Mr. MARKEY. I yield to the gen- lawyers disagree with the provisions of tleman from California. the Committee on Commerce. (Mr. BLILEY asked and was given H.R. 1058 that require disclosure to Mr. DREIER. Mr. Speaker, I simply class members of settlement terms or wanted to inquire of my friend, the permission to revise and extend his re- that private plaintiffs legal fees should gentleman from Massachusetts; did he marks.) not be paid out of SEC disgorgment say that the 1 hour that the rule is Mr. BLILEY. Mr. Speaker, I rise in being considered is out of the 8 hours support of this rule to provide for con- pools. that is considered for the amendment sideration of H.R. 1058, the Securities H.R. 1058 will not cure all the ills of process? Litigation Reform Act. This bill is title a litigious society that looks to the Mr. MARKEY. Mr. Speaker, I have II of H.R. 10, the Common Sense Legal courts to solve its problems. But it will been informed that that is, in fact, ac- Reforms Act, as reported by the Com- help to restore some balance between curate, and I thank the gentleman merce Committee. It is ground break- plaintiffs and defendants and to con- from California for his clarification. ing legislation, part of the original strain that small group of plaintiff se- Mr. DREIER. And the 1 hour of gen- Contract With America. curities lawyers who have gamed the eral debate is also—— As we said in the contract, America procedure and turned our judicial sys- Mr. MARKEY. Mr. Speaker—— has become too litigious a society. We tem into a weapon against American Mr. DREIER. Eight hours is an sue each other too often, too easily, businesses, workers, and shareholders. amendment process—— and regrettably, too well. The burden This rule is drafted to provide for an Mr. MARKEY. The staff of the Com- on the Federal courts is enormous. The open and constructive debate of the mittee on Rules has just informed me number of lawsuits filed each year has problems and the solutions proposed in of that. almost tripled in the last 30 years. H.R. 1058. I urge my colleagues to sup- Mr. DREIER. I want my friend to President Bush’s Council on Competi- port the rule. enjoy his entire additional 30 seconds. tiveness concluded the American liti- Mr. FROST. Mr. Speaker, for the pur- Mr. MARKEY. I thank the gentleman gation explosion carries high costs for pose of debate only, I yield 2 minutes very much, but at the same time we the American economy. We see it ev- to the gentlewoman from California eryday as manufacturers withdraw have to note that all the rollcall time [Ms. HARMAN]. products from the market, or dis- does come out of that 8 hours, and the (Ms. HARMAN asked and was given continue product research, reduce their time for the additional amendment permission to revise and extend her re- work forces, and raise their prices. that the Committee on Rules has put marks.) There is a problem even more insid- in order to allow a nongermane amend- Ms. HARMAN. Mr. Speaker, this is a ment is also coming out of the time of ious than an increase in the number of bad rule for a good bill, a bill I will our ability to consider this legislation. lawsuits filed. It is the realization that probably support. A English rule is built into this law an increasing number should never We have just concluded a frustrating which puts the burden on the loser in have been filed in the first place. The any lawsuit. It makes it almost oner- Congress has been petitioned repeat- debate on the Legal Reform Act under ously impossible for anyone to bring a edly over the last few years by execu- a bad rule, and many ideas that could lawsuit against a large financial insti- tives of some of America’s fastest have perfected that bill could not be tution in this country. It, second, im- growing high tech companies, as well considered. I, for one, had hoped to poses an I-forgot defense. That is, if as the accounting and securities profes- change the fee shifting mechanism in any of the people who are engaging in sions, who believe the civil liability that bill to make it identical to the fee any of this fraud say, ‘‘Well, I forgot,’’ system is broken. In case after real shifting provisions in this bill. A bipar- then they are protected. case, they can show from their experi- tisan group wanted to make the Remember the old Saturday Night ences that the system no longer recov- change, but the inadequate time for de- Live skit where Steve Martin would ers damages for investors who are actu- bate elapsed before we could offer our stand up at the end and say, ‘‘Well, I’ve ally wronged and it unfairly focuses substitute. Had the substitute been got a sure-fire, guaranteed defense.’’ the enormous costs of litigation on rep- considered, I believe it would have I say to my colleagues, ‘‘Anytime utable public companies and not upon passed, and this Member and many oth- you’re stymied for an answer to any those who engage in fraud. ers would have supported that bill. charge which is being made against The subject of litigation reform has H.R. 1058, to which this rule pertains, you, just say, ‘I forgot,’ ’’ and that is been before our committee under both includes important and meritorious our defense here today. Democrat and Republican control. Late steps to reform securities litigations to H 2756 CONGRESSIONAL RECORD — HOUSE March 7, 1995 reduce the costs and distractions of un- devoted to product development, research, knew what was going on. It was pro- wanted litigation. Several amendments even a return on earnings. In the period from duced, I think, about three in the to be offered by the gentlewoman from June 1989 to January 1993, Sun morning, or something, and we voted California [Ms. ESHOO] and the gen- Microsystems spent over $2.5 million on attor- on this huge bill without anybody hav- tleman from California [Mr. MINETA] ney's fees and expenses. And this does not ing read it or understood it. This has will further ensure that high tech- include the value of the time lost by manage- become rather routine. nology companies, which are essential ment. Contrast with the way the Congress to U.S. competitiveness, are reasonably Because of the possible exposure of $300 used to run what we have been doing and properly protected by its provi- million, and with only $35 million covered by with securities litigation reform. We sions. insurance, the company agreed to settle the had two hearings, this Congress. We In true bipartisan style, Mr. Speaker, first suit for $25 million and the second suit for have had hearings in prior Congresses I would like to commend the gen- $5 million. as well. The bill was bottled up in com- tleman from California [Mr. COX], my Amazingly, after these settlements were an- mittee, and, after those hearings, we friend and colleague, for his leadership nounced, Sun was hit with an unprecedented went to subcommittee markup, and we on this issue. He described himself yes- derivative action in State court alleging that had a very long subcommittee markup terday as a recovering corporate attor- the settlements were too generous. These ac- that was so long that we were arguing ney. Not only did he and I attend the tions were also settled, with Sun paying plain- about adjectival modifiers of words in same law school, but I suffer from the tiff's attorney $1.45 million and its own attor- particular lines. The bill itself is not same affliction. I, too, am a recovering neys $500,000. very long, and of course everyone has corporate attorney. Mr. Speaker, what did shareholders get be- read it. Then we went to full commit- Securities litigation needs reform. cause of these suits? Nothing more than tee, and we made still more amend- This is a good bill. It is a shame debate minor changes to Sun's internal policies. ments. There was some criticism in full will be so truncated. Mr. Speaker, the record is replete with such committee because amendments were Mr. Speaker, the future of our Nation's fu- examples. Examples like Silicon Graphics, Inc. allowed, that we were changing the bill ture competitive advantage lies in our ability to of Mountain View, CA and Rykoff-Sexton, Inc. in committee, although that is what develop products and services that are on the of Los Angeles. Examples that do not even markups are supposed to be all about, leading edge of technology and research. The begin to measure the huge waste in resources and here we are on the floor with a rule business ventures which undertake such ac- spent defending as well as prosecuting such tivities are among the fastest growing sectors suits. that is so open that just about every- of our economy. Indeed, they are the pride of These are resources which companies, like body who wants to offer amendments is our economy. small high-technology and emerging growth able to do so. Regrettably, many of these business ven- companies, can better devote to research, and Nonetheless, I understand how the tures are saddled by the costs and distractions product development and promotion. ranking member might be upset be- of unwarranted and meritless lawsuits, filed The bill, and the improvements that will be cause the bill came out of committee when stock prices fluctuate for reasons often offered through the amendments, will reform with only 10 Democrat votes. It was beyond the control of business management. securities litigation, end abusive lawsuits, and produced 33 to 10, a huge bipartisan The consequences of these abusive suits are lift the unwarranted burden placed on compa- majority for a very, very sound bill. If settlements and costly legal proceedings nies that provide the competitive edge of it did anything like what we have been unconnected to the merits of the underlying America's economy. hearing here on the floor today, of case. Despite the absence of wrongdoing by Mr. DREIER. Mr. Speaker, I yield 3 course those Democrats and all of the managers, corporations are essentially forced minutes to my friend, the gentleman Republicans would not have voted for to pay large sums to avoid even larger ex- from Newport Beach, CA [Mr. COX], the it, but it protects investors. It protects penses associated with legal defense. Advo- foremost congressional authority on investors by providing a guardian ad cates of litigation reform cite empirical studies securities litigation. litem or a steering committee that that show virtually all claims in 10b±5 class Mr. COX of California. Mr. Speaker, I their class-action lawyer will now deal actions, meritorious or not, are settled. will reserve for general debate most with to make sure that the clients get Let me share an example from the world's comments on the substance of the leg- represented. It prevents bonus pay- leading manufacturer of computer islation, but I would like to speak a lit- ments to favored plaintiffs in a class workstations, Sun Microsystems. tle bit about the process by which this action so all the class is treated equal- Founded in 1982, the company now has an- bill came through subcommitte, came ly. It says that in the future the law- nual revenues in excess of $4 billion with over through committee, after two hearings yers are going to have to pay attention 13,000 employees world-wide, including many and is coming to the floor. to their clients when they file these in my district. I found, when I first was elected to kinds of lawsuits, and they are going to Since it's initial public offering in March Congress, that the House and the Sen- have to know that they have a case 1986, the company has been profitable every ate were in the business, rather rou- first so that the investors in a com- quarter except June 1989. In that quarter, as tinely, of producing thousand-page pany that might be extorted from will the result of the introduction of new tech- epics that nobody read. The S&L bail- also be protected. nology and the switch-over to a new internal out bill comes to mind. Nineteen hun- Finally I should point out that some management system, the company reported a dred and eighty-nine it came up here, of this I-forgot business relates to the loss. drafted by the administration. Nobody fact that this is a fraud statute, it is When it issued a special public advisory it in the House or Senate read it. We not a negligence statute, and we do not was hit with three securities class actions with- know that because it was not printed have negligence in the securities laws in days. in the RECORD until after the vote took now, nor will we have it after this bill. And, when the company actually announced place. It happened that when we did Mr. FROST. Mr. Speaker, for the pur- its earnings results, two more class actions the 6-year transportation reauthoriza- poses of debate only, I yield 2 minutes quickly followed. The five suits were consoli- tion bill, even though I was on the Sub- to the gentleman from Michigan [Mr. dated into a single suit seeking over $100 mil- committee for Surface Transportation, CONYERS]. lion. we did not get a markup for the 6-year Mr. CONYERS. Mr. Speaker, I thank In September 1990, despite the fact that transportation reauthorization, not in the gentleman from Texas [Mr. FROST] Sun Microsystems had a profitable quarter, subcommittee, and in committee we of the Committee on Rules for accord- two more suits followed the company's an- got the whole bill the first time, and ing me this time, and I rise on this rule nouncement that earnings were about 10 for the record my hands are probably a to point out with strong vehemence my cents per share less than what analysts ex- foot or so apart. The whole bill got opposition to this last minimum effort pected. These two suits were consolidated plunked down on our desks the very to completely undercut the jurisdic- into a suit seeking over $200 million. day of the markup, and that was the tion of the Committee on the Judiciary Mr. Speaker, these suits have drained a first time we saw that bill, and then, and allow the majority to offer an staggering amount of money from Sun when it went to conference, it was amendment to H.R. 1058 that would end MicrosystemsÐmoney that could have been changed so dramatically that nobody civil RICO lawsuits for securities fraud. March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2757 The Racketeer Influence and Corrupt Mr. FROST. Mr. Speaker, for the pur- something that desperately needs fix- Organizations legislation would now be pose of debate only, I yield 1 minute to ing. brought to an end with one sentence the gentleman from Oregon [Mr. The old rule that ‘‘If it ain’t broke, that has never been examined in either WYDEN]. do not fix it’’ not only applies here, it the former Committee on Commerce, Mr. WYDEN. Mr. Speaker, I will applies in buckets. When 93 percent of the present Committee on the Judici- shortly offer an amendment that stipu- these cases settle, most of them at 10 ary, in any subcommittees or full com- lates that if there is a major fraud that cents on a dollar, we have a system mittees. As a matter of fact, it was not corporate managers refuse to remedy, that is ultimately broke. We have a even on this rule. It was through a the corporate auditor would have to re- system made for the attorneys. When 8 remeeting that this rule even allowed port the fraud to Government regu- cents on the dollar is all that is re- it to be joined, and this is one of the lators. couped for the stockholders, when most great protections against fraud that I want to thank Chairman SOLOMAN of the suits are brought to shake down exists in our law today. and Mr. HALL from the Committee on companies, to shake them down any It is absolutely incredible that the Rules for their effort to support it, and time their stock prices drop a couple RICO amendment that is included in would like to note that the gentleman points, when these suits are produced here is broader than any RICO amend- from Louisiana [Mr. TAUZIN] joins me on Xerox machines, when the same ment that Congress has ever considered as a cosponsor in offering this amend- plaintiff repeatedly appears in the suit before. The previous attempts at this ment. time after time, one of them 35 times, legislation have failed, and those at- This amendment has passed the you begin to see a picture of profes- tempts do not ever go as far as this House twice, it has the support of the sional plaintiffs. Securities and Exchange Commission sweeping amendment that we are con- I ask the attorney who brought that and the accounting profession. I would sidering with such a short amount of suit for the same plaintiff 35 times if like to note that if this amendment time. perhaps he did not have a professional had been the law of the land in the We need more time. We could use the plaintiff, or if maybe this was the most Keating case, the auditor, instead of whole time for this bill on RICO alone, unlucky person in America. slinking away when the auditor saw and it is with great regret that I have It is time for us to put an end to that to make these points about a very im- the wrongdoing, the auditor would have been required to bring that to the kind of a legal system. When a legal portant part of this rule. system preys upon our economy in- Mr. DREIER. Mr. Speaker, for pur- attention of Government regulators and taxpayers would have been spared stead of trying to render justice, some- poses of debate only, I yield 2 minutes thing is wrong. The bill we will present to the gentleman from Westbury, NY considerable liability. Mr. Speaker, I urge my colleagues to to you today had the support of eight [Mr. FRISA], a new member of the Com- Democrats on the Committee on Com- mittee on Commerce. support this amendment. The last time it came before the Committee on Com- merce, almost half of our membership. Mr. FRISA. Mr. Speaker, I thank the It will have the support of many Demo- gentleman from California [Mr. merce it passed unanimously with the support of every member of the com- crats and Republicans on the floor DREIER], my friend, for yielding this mittee. today and tomorrow. It will truly be a time to me. Mr. FROST. Mr. Speaker, for the pur- bipartisan effort to put an end to a ter- Mr. Speaker I am happy to rise in pose of debate only, I yield 2 minutes rible legal system and to replace it support of the rule which will provide to the gentleman from Louisiana [Mr. with one that works, one that corrects more than ample time for careful, TAUZIN]. fraud, one that urges plaintiffs to bring thoughtful, deliberate consideration of Mr. DREIER. Mr. Speaker, I yield 1 good cases and take them to a conclu- this much needed measure which will minute to the gentleman from Louisi- sion, to prove fraud exists, and to make finally bring about reforms to our legal ana. the guilty parties pay, and to end this system. The SPEAKER pro tempore (Mr. business of frivolous shakedown law- DICKEY). The gentleman from Louisi- suits that is threatening to cripple b 1545 ana [Mr. TAUZIN] is recognized for 3 many small businesses just trying to Mr. Speaker, the American people minutes. get going and discourage them to dis- want our system to work, and we know Mr. TAUZIN. Mr. Speaker, I thank close more information to us, not keep that right now it has not been working. the gentleman for yielding. it all secret because they are afraid of I find it rather amazing that my good Mr. Speaker, I have great sympathy another lawsuit right around the cor- friends on the Democrat side, who have for those who believe this bill is mov- ner. not been able to do anything about ing too fast this session, but I remind Mr. Speaker, this is a day we have these reforms for 40 years, are now my colleagues that I offered this bill long waited for. This day and the next complaining that we are moving to- two Congresses ago. I crafted this bill day ought to produce a good legal sys- ward reform too quickly. two Congresses ago with the hopes we tem instead of the rotten one we have. Well, I think the American people could have hearings two Congresses I look forward to it under this rule. spoke last November 8, Mr. Speaker, ago. We got no hearings. Mr. FROST. Mr. Speaker, for the pro- and they have sided with the Repub- I refiled it last year, 182 Members of pose of debate only, I yield the remain- lican majority in saying it is long past the Congress last year cosponsored it; ing time to the gentleman from West time to act, to use some common 67 Democrats. And we could get no Virginia [Mr. WISE]. sense, to enact some changes to our hearings until the very last week or The SPEAKER pro tempore. The gen- system. two of the session when it was too late tleman from West Virginia [Mr. WISE] Let us roll up our sleeves and get for us to take any action on the bill. is recognized for 4 minutes. down to work. Mr. Speaker, constitu- There were 4 years for this Congress (Mr. WISE asked and was given per- ents in my district, hard-working, tax- to move on this bill if we had wanted mission to revise and extend his re- payers, put in an 8-hour day, and they to take that time. But for 4 years, we marks.) can get the job done. I do not know could never even get this bill moving, Mr. WISE. Mr. Speaker, I thank the why the Democrats in Congress cannot except finally a series of hearings right gentleman for yielding. get the job done in 8 hours to amend at the end of the session. Mr. Speaker, I think somewhere this legislation. We have had hearings again this there has to be a middle ground be- Mr. Speaker, I urge all of my col- year. We have had markups, sub- tween the previous Republican speaker leagues to rise in support of this rule committee and the full committee. We who was ecstatic that we were going to so we can get to debate on the bill it- will have a full and active debate the be allowed 8 full hours of debate. Of self, and then for a full 8 hours, a full next day and a half, with 8 hours for course, that includes voting time, day’s work, to amend the legislation, folks to offer amendments under this which, if you look at the chart of the pass it, move it to the Senate, so fi- modified open rule. And I am excited last bills under this so-called open rule nally we will have those legal reforms. that we will finally get a chance to fix procedure, means about 25 percent of H 2758 CONGRESSIONAL RECORD — HOUSE March 7, 1995 that debate time is taken up. Some- being put forward this week, you would says to my friend is if he has an where between 8 hours that the Repub- get a chance to make your arguments. amendment that he wants to offer, and lican gentleman was excited about and You would get a chance to have a full one of his colleagues also has an the 200 years of common law in juris- and open hearing. You would get a amendment that he decides is equally prudence and getting into court, that chance for every point of view to be of- as important, they should say let us threatens to be upset. So somewhere fered for all evidence, if you would, if take 10 minutes each so we can get the between 8 hours of debate time and 200 you consider an amendment to be of- full membership of this House on years, perhaps we could have a little fered. You would get a chance to have record to vote up or down on this more debate time. that done. Not here. Not here. amendment. I am delighted that the gentleman Talk about a contract, there is a So my point, Mr. Speaker, is that from Louisiana is happy. I am happy it breach of contract, and that is that every idea, every single idea, can be is coming to the floor. But I think on open rules will precede each of these considered if we can structure it in something of this magnitude, dealing items. There is no open rule in this. No such a way that all of those proposals with the securities industry, one of the matter how you dress it up or put it, it move forward. pillars of the economy in our country, is a race to the clock. A race is what is Mr. WISE. If the gentleman will con- that you need better than 8 hours of de- involved in here. How quickly can you tinue to yield, if that is the case, why bate time, including the voting time. talk and can you get a vote and will did Mr. BEREUTER and Mr. KASICH, for Remember, the voting time takes a there be time for the next person, Re- instance, when they were protesting, minimum of 17 minutes. Now, let us publican or Democrat, to be able to particularly Mr. BEREUTER the other look at the chart in the past on voting offer their amendment. day on the law enforcement block time. To those who say that the prob- Mr. DREIER. Mr. Speaker, I yield grants, why did not Members of your lem is that the Democratic minority myself the balance of my time. party get together? The fact is this does not allocate its time wisely The SPEAKER pro tempore. The gen- closes people out. enough or manage it, I might point out tleman from California [Mr. DREIER] is Mr. DRIER. Unfortunately, they did on the H.R. 728, the Law Enforcement recognized for six minutes. not get together. That was something Block Grants, there were at least two Mr. DRIER. Mr. Speaker, this is not that was not able to be worked out Republicans, Mr. BEREUTER and Mr. a so-called open rule. This is not a wide under that process. What we are saying KASICH, who joined a number of Demo- open rule. This is a modified open rule. crats in being shut out from offering What it means very simply is the Com- to both leaderships is establish prior- amendments. H.R. 7, the National Se- mittee on Rules did not say what ities, but under an open amendment curity Revitalization Act, Mr. BEREU- amendments are going to be made in process. Let us proceed with making TER and Mr. SCHIFF joined a number of order. The Committee on Rules said this institution accountable. Democrats in being shut out from that any Member who has a germane In years past the Committee on being able to offer amendments. The amendment can stand up here on the Rules would kill ideas from the left or regulatory moratorium, there were at floor and say ‘‘Mr. Speaker, I have an the right, not allowing them to even be least three Republicans shut out. Mr. amendment at the desk,’’ and that considered here. Now every one of MICA was shut out on the risk assess- amendment has to be considered. those ideas can come up under an 8- ment bill. Just most recently, Ms. HAR- The only constraint is the outside 8- hour time limit. MAN, who has appeared here already, hour limitation on debate, and that Now, as I listen to the people whom I was shut out, and Mr. SMITH of Michi- limitation simply means that we have represent, they know that the Gettys- gan, a Republican, was shut out as to responsibly determine exactly what burg Address was delivered in 3 min- well. priorities there are and what they utes. They believe that we should, Once again, we cannot even get in should be. within an 8- or 10- or 12-hour period, we the Republicans to offer their amend- Now, there have been some argu- will be spending as Mr. MARKEY said, a ments. Some might say if Republicans ments that have come forward from my total of 10 hours on this, with 1 hour and Democrats are being shut out, friends on the other side of the aisle for general debate, 1 hour of debate on what is the difference? The difference that somehow this is a rule which is the rule, and 8 hours for amendments, is on the Republican side, being in the closed and we are shutting out people. they believe within 10 hours we might majority, they get to craft the bill. Well, we have heard from the gen- be able to under an open amendment Democrats do not. So the best bite we tleman from Louisiana, making this process consider these ideas. get at the apple is here on the floor. clearly a bipartisan modified open rule. Mr. WISE. If the gentleman will yield Also, I might point out the only bite The gentleman believes , as I am sure further, do they know how many days many of us get at the apple is on the other Democrats do, along with Repub- it took to prepare that 2-minute Get- floor, right here, and that is why this licans, that this rule will allow for con- tysburg Address? kind of rule is restrictive and not open, sideration of legislation that for years Mr. DREIER. I do not know, the 3- and I think violates the promise that and years and years Democrats and Re- minute address. the Republicans gave us of open rules publicans have tried to bring up to deal Mr. WISE. The shorter it is, the on the contract items. with the question of securities litiga- longer is spent to prepare it. So picking right back up again, be- tion reform. Tragically, because of the Mr. DREIER. Reclaiming my time, I cause this is the only time I get under recalcitrant leadership of the past, would say Mr. TAUZIN, who said that this with the time limitations, I would they were unable to do that. three Congresses ago he introduced just urge people to understand that on This rule allows every single idea this legislation, that totals 6 years these very important contract items, that is out there to be considered. that it took to prepare this, and I be- when they say there is an open rule, Mr. WISE. Mr. Speaker, will the gen- lieve that Mr. TAUZIN and others who there is no open rule; that indeed 25 tleman yield? have been involved in this should have percent of the time is being taken up Mr. DRIER. I yield to the gentleman an opportunity to consider this, and it alone on votes. Meritorious votes, some from West Virginia. is going to be done under a fair and called by Republicans, some called by Mr. WISE. I understand what the open process. I suspect the gentleman Democrats, some called by Members of gentleman is saying in terms of anyone from south Boston would like me to both sides, interestingly enough, when can bring any idea up. But do you not yield. it is clear that is an overwhelming ma- think it is a closed rule if any idea will Mr. MOAKLEY. Mr. Speaker, will the jority. So you get a situation on the not be able to be offered because of the gentleman yield? risk assessment bill, 10 hours of debate, clock, including Republicans’ ideas, as Mr. DREIER. I yield to the gen- with 2 hours taken up by rollcall votes precedence goes to members of the tleman from Massachusetts. alone. committee first. b Mr. Speaker, we can do business bet- Mr. DRIER. Reclaiming my time, the 1600 ter than this, If you were in a court- answer is a resounding no. This is a Mr. MOAKLEY. Is it not true though room, even under the legal reform modified open rule, because what it that the gentleman’s party promised March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2759 open rules, more open rules than they 155, answered ‘‘present’’ 1, not voting Brown (FL) Hilliard Pastor Brown (OH) Holden Payne (NJ) had the year before? 21, as follows: Bryant (TX) Jackson-Lee Payne (VA) Mr. DREIER. The gentleman is abso- [Roll No. 208] Cardin Johnson (SD) Pelosi lutely right. That is exactly what we Clay Johnson, E.B. Peterson (FL) YEAS—257 have provided, many more open rules Clayton Johnston Pomeroy Allard Ganske Nussle Clement Kanjorski Poshard than we had in the 103d Congress or the Archer Gekas Oxley Clyburn Kaptur Reed 102d Congress. What we have got is a Armey Geren Packard Coleman Kennedy (MA) Reynolds structure where modified open and Bachus Gilchrest Parker Collins (IL) Kennedy (RI) Richardson Collins (MI) Kennelly Rivers open rules are 82 percent, about 82 per- Baker (CA) Gillmor Paxon Baker (LA) Gilman Peterson (MN) Conyers Kildee Roemer cent of the legislation that we have Ballenger Gonzalez Petri Costello Klink Rose considered. I think that, as we listen to Barr Goodlatte Pickett Coyne LaFalce Roybal-Allard people like Cokie Roberts, who, when I Barrett (NE) Goodling Pombo Danner Lantos Rush Bartlett Gordon Porter DeFazio Levin Sabo was quoting National Public Radio ear- Barton Goss Portman DeLauro Lewis (GA) Sanders lier—— Bass Graham Pryce Dellums Lofgren Sawyer Mr. MOAKLEY. She erred, she was in Bateman Gunderson Quillen Deutsch Luther Schroeder Bereuter Gutknecht Quinn Dingell Maloney Scott error. Bevill Hall (TX) Radanovich Dixon Manton Skaggs Mr. DREIER. Cokie Roberts erred by Bilbray Hancock Rahall Doggett Markey Slaughter saying that we are doing this under an Bilirakis Hansen Ramstad Dooley Martinez Spratt Doyle Mascara Stark open process. Well, Cokie happens to Bishop Hastert Regula Bliley Hastings (WA) Riggs Edwards Matsui Stokes have spent a great deal of time observ- Blute Hayworth Roberts Engel McCarthy Studds ing this institution. She also has, there Boehlert Hefley Rogers Eshoo McDermott Stupak have also been a lot of other people Boehner Heineman Rohrabacher Evans McHale Tanner Bonilla Herger Ros-Lehtinen Farr McNulty Tejeda who have looked from the outside. And Brewster Hilleary Roukema Fattah Meehan Thompson they have watched this on television Browder Hobson Royce Fazio Menendez Thurman and they have said, ‘‘You all are doing Brownback Hoekstra Salmon Fields (LA) Mfume Towns Bryant (TN) Hoke Sanford Filner Miller (CA) Traficant it under an open process.’’ Why? Be- Bunn Horn Saxton Foglietta Minge Tucker cause they see that a modified open Bunning Hostettler Scarborough Ford Mink Velazquez rule, while it does have an outside time Burr Houghton Schaefer Frost Moakley Vento Furse Mollohan Visclosky cap, does in fact give every Member the Burton Hoyer Schiff Buyer Hunter Schumer Gejdenson Moran Volkmer right to offer their amendment, have it Callahan Hutchinson Seastrand Gephardt Nadler Ward considered, have it voted on. Calvert Hyde Sensenbrenner Green Neal Waters Mr. MOAKLEY. The gentleman Camp Inglis Serrano Gutierrez Oberstar Watt (NC) Canady Istook Shadegg Hall (OH) Obey Waxman promised that the contract on America Castle Jacobs Shaw Hamilton Olver Wise would be based on all open rules. Chabot Johnson (CT) Shays Harman Ortiz Woolsey Mr. DREIER. I do not know about a Chambliss Johnson, Sam Shuster Hastings (FL) Orton Wynn Chenoweth Jones Sisisky Hayes Owens Yates contract on America. I know about a Christensen Kasich Skeen Hefner Pallone Contract With America. Chrysler Kelly Skelton ANSWERED ‘‘PRESENT’’—1 Mr. MOAKLEY. Was it not true that Clinger Kim Smith (MI) the gentleman’s people said that these Coble King Smith (NJ) Lowey Coburn Kingston Smith (TX) would be all open rules? Collins (GA) Kleczka Smith (WA) NOT VOTING—21 Mr. DREIER. Well, my people said Combest Klug Solomon Bono Gibbons McDade that we would consider—— Cooley Knollenberg Souder Chapman Greenwood McKinney Cox Kolbe Spence Condit Hinchey Meek Mr. MOAKLEY. Did not the Speaker Cramer LaHood Stearns Dicks Jefferson Metcalf say that? Crane Latham Stenholm Durbin Largent Rangel Mr. DREIER. It was said that we Crapo LaTourette Stockman Flake Livingston Roth would consider these proposals under Cremeans Laughlin Stump Frank (MA) McCrery Weldon (PA) Cubin Lazio Talent an open amendment process. That is Cunningham Leach Tate b 1620 exactly what we are doing. We are Davis Lewis (CA) Tauzin Mr. MOLLOHAN changed his vote doing it under a modified open rule. de la Garza Lewis (KY) Taylor (MS) Deal Lightfoot Taylor (NC) from ‘‘yea’’ to ‘‘nay.’’ Mr. MOAKLEY. The gentleman is DeLay Lincoln Thomas Mr. RAHALL changed his vote from changing it. He is going to consider Diaz-Balart Linder Thornberry ‘‘nay’’ to ‘‘yea.’’ them under an open process. It does Dickey Lipinski Thornton So the resolution was agreed to. not mean an open rule. Doolittle LoBiondo Tiahrt Dornan Longley Torkildsen The result of the vote was announced Mr. DREIER. Mr. Speaker, I suspect Dreier Lucas Torres as above recorded. that it would be best for me to say that Duncan Manzullo Torricelli A motion to reconsider was laid on I urge an ‘‘aye’’ vote on this fair and Dunn Martini Upton Ehlers McCollum Vucanovich the table. responsible modified open rule. Ehrlich McHugh Waldholtz Mr. Speaker, I yield back the balance Emerson McInnis Walker f English McIntosh Walsh of my time, and I move the previous PERSONAL EXPLANATION question on the resolution. The pre- Ensign McKeon Wamp Everett Meyers Watts (OK) Mr. BONO. Mr. Speaker, I was un- vious question was ordered. Ewing Mica Weldon (FL) The SPEAKER pro tempore (Mr. Fawell Miller (FL) Weller avoidably detained, and was not able to DICKEY). The question is on the resolu- Fields (TX) Mineta White vote on rollcall vote 208. Flanagan Molinari Whitfield Had I been here, I would have voted tion. Foley Montgomery Wicker The question was taken; and the Forbes Moorhead Williams ‘‘aye’’ on rollcall 208, the rule on H.R. Speaker pro tempore announced that Fowler Morella Wilson 1058, Securities Litigation Reform Act. the ayes appeared to have it. Fox Murtha Wolf f Franks (CT) Myers Wyden Mr. FROST. Mr. Speaker, I object to Franks (NJ) Myrick Young (AK) the vote on the ground that a quorum Frelinghuysen Nethercutt Young (FL) REMOVAL OF NAME OF MEMBER is not present and make the point of Frisa Neumann Zeliff AS COSPONSOR OF H.R. 481 Funderburk Ney Zimmer order that a quorum is not present. Gallegly Norwood Mr. CALLAHAN. Mr. Speaker, I ask The SPEAKER pro tempore. Evi- unanimous consent that my name be dently a quorum is not present. NAYS—155 removed as a cosponsor of H.R. 481. The Sergeant at Arms will notify ab- Abercrombie Barcia Berman The SPEAKER pro tempore (Mr. sent Members. Ackerman Barrett (WI) Bonior DICKEY). Is there objection to the re- Andrews Becerra Borski The vote was taken by electronic de- Baesler Beilenson Boucher quest of the gentleman from Alabama? vice, and there were—yeas 257, nays Baldacci Bentsen Brown (CA) There was no objection. H 2760 CONGRESSIONAL RECORD — HOUSE March 7, 1995 SECURITIES LITIGATION REFORM can only be held for the proportionate The next question, by what percent- ACT share of his liability. The definition of age have securities fraud class actions The SPEAKER pro tempore. Pursu- recklessness is based, in part, on lan- increased over the last 20 years in our ant to House Resolution 105 and rule guage taken from the leading case in country: A, a 150-percent increase; B, a XXIII, the Chair declares the House in this area. Intentional fraud will still 100-percent increase; C, a 50-percent in- the Committee of the Whole House on bring joint and several liability, as crease; D, minus 4.3-percent. The cor- the State of the Union for the consider- well it should. Anyone who inten- rect answer is D, a 4.3-percent decrease ation of the bill, H.R. 1058. tionally breaks the law should know in securities fraud actions brought over that he will be responsible for all dam- the last 20 years. b 1621 ages that flow from his actions. b IN THE COMMITTEE OF THE WHOLE The bill preserves the principle of 1630 Accordingly, the House resolved it- ‘‘fraud on the market’’ by removing Next question, just trying to be help- self into the Committee of the Whole the obligation in H.R. 10 to prove reli- ful: House on the State of the Union for the ance in each instance of misrepresenta- Out of the 14,000 public companies, consideration of the bill (H.R. 1058) to tion. Existing case law allowing plain- how many were sued each year on aver- reform Federal securities litigation, tiffs to meet their obligation of show- age in securities fraud class actions ing reliance by relying on the market and for other purposes, with Mr. COM- over the last several years? price will be codified for the first time. BEST in the chair. A. 7,000 public companies sued each The Clerk read the title of the bill. Members who seek to apply fraud on year. The CHAIRMAN. Pursuant to the the market to all securities and not B. 3,500 public companies sued each just those with liquid markets do not rule, the bill is considered as having year. understand the legal principle and eco- been read the first time. C. 1,400 companies in America sued nomic theories that underly the legis- Under the rule, the gentleman from each year. lation. Virginia [Mr. BLILEY] will be recog- D. 125 companies sued for fraud each The provision governing fee shifting, nized for 30 minutes, and the gen- year in the United States. ‘‘Loser Pays,’’ has been modified sig- tleman from Massachusetts [Mr. MAR- The correct answer, D, only 125 com- nificantly under the terms of H.R. 1058. KEY] will be recognized for 30 minutes. panies are sued each year in the United The prevailing party can recover his The Chair recognizes the gentleman States for securities fraud. costs only if he can prove that the los- from Virginia [Mr. BLILEY]. Next question: ing party’s case was without substan- Mr. BLILEY. Mr. Chairman, I yield tial merit, and that imposing those Which is H.R. 1058’s solution to the myself such time as I may consume. costs on the loser will not be unjust to derivatives crisis facing dozens of mu- Mr. Chairman, I rise in support of either side. This entire provision ap- nicipalities and other counties in the H.R. 1058, the Securities Litigation Re- plies to judgments; if a case is settled, United States? form Act. A recent survey by the Na- it does not apply. A. Improve the supervision and regu- tional Venture Capital Association One thing has not changed. H.R. 1058 lation of derivatives dealers. found that 62 percent of responding en- addresses the same issue as H.R. 10 did, B. Strengthen fraud liability. trepreneurial companies that went that is, the crying need to reform the C. Increase customer protections. public in 1986 had been sued by 1993. process by which securities class ac- D. Make it virtually impossible for The survey concluded that, if historical tions are litigated. H.R. 1058 is a refine- victims to recover their losses from rates continue, ‘‘unprecedented num- ment of H.R. 10, brought about by de- fraudulent brokers. bers of newly public companies are bate and consultation between many The answer, D, make it impossible likely to be sued in the coming years.’’ Members on both sides of the aisle. I for all intents and purposes for there to This is a national tragedy and a situa- urge its support by all Members of the be a recovery when individuals have tion the Congress cannot allow to con- House. been injured. tinue. H.R. 1058 is an important first Mr. Chairman, I reserve the balance Next question: step in our continuing review of litiga- of my time. Which one do the English not like? tion reform. Mr. MARKEY. Mr. Chairman, I yield A. Tea. H.R. 1058 is the product of months of myself 6 minutes. B. Soccer. intensive negotiations. I would like to Mr. Chairman, what I would like to C. Fish and chips. highlight for the Members of this body do to help all those who are trying to D. The English rule. major changes that were made to this decide how they are going to vote here The correct answer is the English legislation during the committee draft- today is to perhaps assist them by ap- rule. they do not like the English rule ing process. plying a multiple choice test, so that in England. The entire bill has been modified people can choose themselves, as we go Economist, the leading conservative where necessary to make clear that re- through the test, which they think periodical in that country, last month strictions on bringing legal actions would be the correct answer. editorialized against the English rule based on the antifraud provisions of Let me begin by asking which one of arguing that the American rule is a section 10 of the Securities Exchange these four categories would be hurt by better rule if ordinary individuals are Act and rule 10b–5 apply only to pri- H.R. 1058: A, insider traders; B, fraudu- to be compensated for harm which has vate suits, not to SEC enforcement ac- lent derivative brokers; C, wrongdoer befallen them because of fraudulent ac- tions. The legislation was intended to accountants; or D, fraud victims. tivity in the financial marketplace. curb strike suits, not SEC enforcement The correct answer there is D, fraud Next question: actions, and that is now what it does. victims would in fact be harmed, be- Which is not a defense to securities Similarly, the bill has been modified cause it is going to essentially cripple fraud under H.R. 1058? to apply only to implied actions under the ability of private fraud actions to A. The plaintiff did not plead specific section 10b, and does not override other be brought by individual investors who facts of my state of mind. sections of the securities laws that pro- have in fact had their life savings B. The plaintiff did not read on line vide their own express causes of action. ripped off by investors, by companies 12 of page 68 of the prospectus where I Strike suits are almost always brought that have misled them in their invest- made my fraudulent misrepresenta- under section 10, and actions based on ment strategy. tion. other sections of the securities laws Next question: out of the 235,000 suits C. Sorry, I forgot the truth. have not been a problem. filed in 1994, how many were securities D. None of the above. The intentional fraud-only standard fraud cases in this country: A, 31,800 The answer, D. of H.R. 10 has been modified. H.R. 1058 out of the 235,000; B, 9,500; C, 18,670; D, H.R. 1058 requires plaintiff’s com- provides for actions based on misrepre- 290, 290 out of the 235,000 cases. The cor- plaints to make specific allegations sentations or omissions done reck- rect answer is 290 cases in the securi- which, if true, would be sufficient to lessly, but a defendant found reckless ties fraud area. establish scienter as to each defendant March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2761 at the time the alleged violation oc- will be liable for all the damages he The court will require the attorney, curred. In addition, it is expressly causes but only the damages that per- the class, or both to post security for made insufficient for this purpose to son causes. The concept is common costs to ensure that funds are available plead the mere presence of facts incon- sense and so simple one must wonder to pay the legal fees if they are award- sistent with a statement or omission why it was not adopted long ago. ed. This section represents a com- alleged to have been misleading. Arguably, the adoption of propor- promise from the original ‘‘loser pays.’’ Next question: tional liability alone is the most sig- It will be a powerful deterrent to the How much will H.R. 1058 reduce the nificant development in private securi- filing of frivolous suits. It will also en- Federal budget? ties litigation in the 61 years since the sure that successful plaintiffs receive a A. By $100 million. Federal securities laws were passed. full recovery of their damages and that B. By $50 million. This provision alone will go a long way successful defendants do not suffer in- C. By zero. toward eliminating strike suits, in that jury from having been wrongly ac- D. It will increase it by up to $250 deep-pocket defendants will no longer cused. million over the next 5 years. be subject to the same coercive pres- Some provisions in this legislation The answer, D, it will increase the sure to settle. By the adoption of this are not revolutionary but just good Federal deficit by $250 million accord- provision, we will eliminate the abuses public policy. For the first time in the ing to the Congressional Budget Office of the current system that amount to a securities laws, a standard for reckless because of the needed additional en- socialization of the risk. More impor- conduct is defined. Similarly for the forcement by the Securities and Ex- tantly, Congress should do everything first time the Federal securities laws change Commission out in the finan- it can to ensure that the constitutional have been modified to specifically cial marketplace. right of wrongly accused defendants, allow proving reliance by demonstrat- Finally, under H.R. 1058, who will pay yes, even corporate defendants, to have ing a fraud on the market, that that fraud victims the share of the damages an opportunity to defend themselves in has occurred. Finally, the bill creates a caused by the primary wrongdoer who court is protected. The costs of defend- safe harbor for forward looking state- is in jail or bankrupt? ing frivolous lawsuits today prevents ments issued by companies so that A. The reckless wrongdoers who par- that from happening. Proportional li- they need not fear litigation if projec- ticipated in the fraud. ability is a reform that will help ac- tions they make in good faith do not B. Aiders and abetters in the fraud complish this objective. turn out as expected. who helped to make it possible. It is impossible to review the impact H.R. 1058 is a breakthrough piece of C. The accountants who claim they of spurious litigation and the abuses legislation. I urge the support of all my forgot to disclose the fraud. possible within the current securities colleagues. D. Nobody. class action system and not realize how Mr. MARKEY. Mr. Chairman, I yield The answer is, D, nobody else would important this bill is for the economic 5 minutes to the gentleman from Lou- have to pay if somebody lost their life’s welfare of our country. isiana [Mr. TAUZIN]. fortune after being misled into a ter- Critics of this legislation will tell us (Mr. TAUZIN asked and was given rible investment with information that private securities litigation is a permission to revise and extend his re- which was completely and totally erro- critical addition to an effective en- marks.) neous. forcement program at the Securities Mr. TAUZIN. Mr. Chairman, a good That is the problem we have with and Exchange Commission. We agree, legal system is not one that is meas- this bill. We hope that as we move into but surely frivolous lawsuits are not a ured by the number of lawsuits that the specific amendments that those necessary part of the Securities and are filed. It is not one measured by the who are concerned about integrity and Exchange Commission enforcement length of those lawsuits, about how honesty in the financial marketplace mechanism. Lawsuits brought solely many judgments are rendered. Quite will support some of the amendments for the purpose of coercing settlements the contrary. A good legal system is we have to improve the bill. out of deep-pocket defendants have no one that deters bad behavior and, Mr. BLILEY. Mr. Chairman, for pur- place in our law enforcement mecha- therefore, leads to fewer lawsuits. It is poses of debate only, I yield 5 minutes nism. one in fact that encourages settle- to the gentleman from Texas [Mr. The frightening implication of the ments of merited cases rather than the FIELDS], chairman of the Subcommit- arguments of opponents of litigation massive settlement of all cases regard- tee on Telecommunications and Fi- reform is that everything is just fine less of merits. nance. the way it is. They see strike suit law- On that test, this legal system we are (Mr. FIELDS of Texas asked and was yers bringing lawsuits as a regulatory trying to reform today is a rotten one. given permission to revise and extend device that should be encouraged to The gentleman from Massachusetts has his remarks.) promote market efficiency. We on this told you that there were only a few Mr. FIELDS of Texas. Mr. Chairman, side of the aisle could not disagree cases filed. Let me give Members the I begin with a quiz of my own. more. We believe the only justifiable facts. Were the remarks of my friend: purpose for a lawsuit is to recover dam- In 1993, there were 723 of these cases A. Inaccurate. ages for people who have been injured. pending, more than any other year ex- B. Misleading. Academic studies of class action strike cept 1974. In fact, in the last 4 years, C. Entertaining. suits, however, show that even success- from 1990 to 1993, there have been 1,180 D. Good-natured. ful plaintiff shareholders recover just of these cases filed and that is almost I think the answer is ‘‘all of the pennies on the dollar. The lawyers equal to the number filed in the 10 pre- above,’’ and we are going to have plen- without clients who bring these suits vious years. Many more lawsuits. ty of time to debate this. take home millions of dollars in fees. While Federal lawsuits are generally I rise in support of H.R. 1058, the Se- Strike suits do not contribute to mar- declining by 30 percent, these lawsuits curities Litigation Reform Act. This ket efficiency. They contribute to af- are up by 10 percent. legislation revolutionizes the standard fluent lifestyles of strike suit lawyers. Second, these lawsuits are not sail- by which all disputes under securities H.R. 1058 is dramatic, it is revolu- boats sailing on the ocean of litigation. laws will be litigated. tionary legislation because that is These are massive carriers, massive For example, the Securities Litiga- what is necessary. The old ways of lawsuits. The 723 cases pending today tion Reform Act will introduce the doing things are just not working. The estimated request $28.9 billion in dam- concept of proportional liability into bill provides that the losing party, his ages. These are huge lawsuits that clog the Federal securities laws for the first attorney or both will pay the prevail- up the system and that send a message time. A defendant may be liable for ing party’s legal fees if a court enters out to everybody across America that joint and several damages only if found a final judgment against them. The the lawsuits are waiting for you the to have acted knowingly. Defendants court has discretion not to award fees first time your stock prices drop. found liable for recklessness will be if the losing party establishes that its The ripple effect of these lawsuits is held proportionately liable. A person position was substantially justified. massive. To businesses sued and those H 2762 CONGRESSIONAL RECORD — HOUSE March 7, 1995 not sued, the message is simple: ‘‘Don’t because it counts on real merited cases and ended it this way by saying, ‘‘I did tell investors anything about your to be filed, and it counts on them to be not know the lawyer was going to do company because anything you say brought to fruition and the guilty par- this; he talked to my wife. He acted will be held against you in a lawsuit ties punished. It will be a system that against my wishes. I was in the hos- filed by lawyers who xerox the claims, discourages frivolous, shakedown pital at the time. I like your com- appoint their own clients and get a strike lawsuits that benefit no one in pany.’’ lawsuit going worth billions of dollars this country except the few law firms That is the degree to which class ac- in which most of the parties end up set- who make a havoc of our legal system tion lawyers are able to control this tling at 10 cents on the dollar.’’ and a ton of money over it. kind of litigation. The lead plaintiffs Let me ask Members something: Mr. FIELDS of Texas. Mr. Chairman, who supposedly represent the victims’ When 93 percent of these cases never I yield 7 minutes to the gentleman interests are not average investors. As reach a jury, when most of them are from California [Mr. COX], one of the often as not the so-called lead plain- settled for 10 cents on the dollar, do principal authors of the legislation. tiffs are virtually employees of the you not get the impression I get, that Mr. COX of California. Mr. Chairman, counsel. As one of the leading attor- this is a system where merit does not it is frequently said that lawyers are neys in this area once put it, and as the matter, everybody settles all the time? turning America into a nation of vic- gentleman from Louisiana [Mr. TAU- Why? Because these are massive law- tims. Thanks to the trial bar which ZIN] so eloquently reminded us, he said, suits and merit does not count. The li- makes its living fanning these flames, ‘‘I have the greatest practice of law in ability is so huge, the shotgun effect of not only real injuries but every imag- the world. I have no clients.’’ That is the lawsuit against all parties is so inable harm is now compensable in the way class action securities strike dramatic, the damages claimed is so court, except one; the one category of suit lawyers view their opportunity to huge that the temptation is to get out injury for which there is seemingly no harass ordinary investors. of it as fast as you can, 10 cents on the recompense is injury inflicted by law- The same stable of tame lead plain- dollar, take care of the lawyer, do not yers themselves. tiffs appears in case after case. That is worry about the stockholders, is the What is the remedy for the ruinous why our bill puts a limit on the num- way this system works. economic losses, the delays, and the ber of suits that professional plaintiffs This is a bad legal system. And when sheer misery caused by the fraudulent can bring to five in every 3 years. we are told, as we are told, that only 6 abuse of our laws, in particular of our How bad is this problem? Harry cents on the dollar ends up being recov- securities laws? The answer is none. Lewis has appeared as lead plaintiff in ered for stockholders under this sys- None. Fraudulent securities litigation an estimated 300 to 400 lawsuits. Rod- tem, you and I ought to be deeply con- may be the most egregious instance of ney Shields has been in over 80 cases. cerned about it. It means that real this cure today. It is a legal torture William Weinberger has appeared in 90 fraud is not being prosecuted. It means chamber for plaintiffs and defendants cases just since 1990. One court re- that meritless cases are filed and alike, more suitable to the pages of cently called one of these professional stockholders get nothing, but a few big Charles Dickens’ ‘‘Bleak House’’ than a plaintiffs the unluckiest investor in law firms in America are doing quite nation dedicated to equal justice under the world. Obviously, a wry sense of well. law. humor, that judge. When you have that kind of a system The current system of private securi- With the lawyers in charge of the where merit does not matter, where ties litigations is an outrage and a dis- litigation, it is little wonder they man- lawsuits are filed on a Xerox machine, grace. It cheats both the victims of age to benefit their own interests at where one lawyer in California says, ‘‘I fraud and innocent parties by lavishly the expense of their clients. Many re- have the best law practice in America, encouraging meritless cases, it has de- cent studies have shown that the cur- I have no clients,’’ he just names who- stroyed thousands of jobs, undercut rent system encourages strike suits ever he wants to represent the class economic growth and American com- lawyers to ignore even overwhelming and files a lawsuit. petitiveness and raised the prices every cases of fraud. Flagrant cases that When you have professional plaintiffs American pays for goods and services. should lead to 100 percent recovery are appearing time after time on these law- It mocks the many victims of real instead settled for cents on the dollar suits and bounties, legal bounties paid fraud who receive pennies on the dollar while the lawyers get millions in set- in order to get these lawsuits going, while the lawyers take millions. The tlement fees. when you have got that kind of a sys- only beneficiaries are the lawyers. Even when the fraud victims get a tem, is not time to reform it? Their clients typically get a pittance full recovery the current winner-loses For 4 years now, I have been asking for their claims. system unique to America still ensures this Congress to do that and I am de- Who are the victims of these strike they will never get fully compensated. lighted today we will have that chance. suits which are brought to generate Their attorneys’ fees and costs come As we debate amendments over the settlement value, which are brought in right off the top. And because the next 8 hours, let me tell Members that order to generate a nuisance value so plaintiffs’ lawyers, not the victims, we have tried to accommodate con- that the lawyers can be paid simply to control the litigations, they make sure cerns. We have tried to bring this bill stop their harassment? First and fore- those attorneys’ fees are top dollar no this year as close as we can to the most, victims of this kind of system matter how meager their clients’ re- Dodd-Domenici bill of last year and to are the victims of real fraud.The cur- covery. the Tauzin bill of last year that got 182 rent system herds them into powerless The current system ensures that in- cosponsors, 67 Democrats to cosponsor classes of plaintiffs who are completely vestors will suffer ever more avoidable it. under the thumb of strike suit lawyers. losses in the future. Even good faith We will see when this debate is over The class members do not even have reasonable predictions about the future an awful lot of Members on both sides the chance to participate personally; events of a company’s prospects are pe- of this aisle voting for this measure. oftentimes they are not even identified nalized under the current securities We will improve it in the process in the until very late in the proceedings. laws. The threat of lawsuits over so- next 8 hours. It will be a better bill, Earlier today we heard from a com- called forward looking information, closer to the bill that we offered last pany in Arlington, VA, just across the how is this company going to do in the year and the year before. I am proud to river from the Capitol, who spent hun- future, is so serious that many if not tell Members the coalition that I have dreds of thousands of dollars respond- most CEO’s these days refuse to talk to been working with has endorsed this ing to one of these strike suits gen- the press at all about their company’s bill and the effort to improve it is still erated for the purpose of making the performance and yet that is exactly on this floor. We will join with many company pay the lawyers to go away. the kind of information the market other Democrats in a bipartisan effort The class representative that was se- needs to operate. How a company has to improve this section of the law. lected by these lawyers as the most performed in the past is interesting, When we are through, we are going to representative of all of the plaintiffs fi- but everybody wants to know what is have a statute that discourages fraud nally sent a postcard to the company going to happen from here forward. March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2763 That is the information the market score that again, with legitimate Robert Samuelson, a noted econo- seeks out. Because the market is after claims to go to court. mist, pointed out the huge increase in that information they are now getting Just yesterday the White House legal costs in our society. Over a 22- it through the black market and under called H.R. 1058 ‘‘manifestly unfair,’’ year period legal fees as a percent of the table. We would like to make sure and the chairman of the SEC, Arthur the gross national product increased that it is quality information, that a Levitt, has said the Commission can- nine-tenths of 1 percent to 1.7 percent, reasonable statement made in good not support the bill. That is why it is nearly double. faith should be available and should being debated, that is why it has been When you consider that 3 or 4 percent come from the source. brought to the floor, and that is why is considered good growth in the econ- Strike suits claim virtually every there are many key amendments that omy, and you drain off 1.7 percent in American as a victim. Most particu- will be offered to improve the bill. nonproductive fees of this sort, it is larly by this I mean ordinary workers So Mr. Chairman, high technology clear the tremendous harm that it does and consumers all are victims of the businesses should not have to wait an- to our economy, the harm it does to heavy litigations tax levied by strike other year. They need relief now. jobs and to the standard of living of the suit lawyers. The tens of millions of Recently I introduced legislation, average working American. dollars siphoned off each year by strike H.R. 675, along with my colleague, the Let me close by quoting from Jim suits represents thousands of workers gentleman from California, Mr. NORM Kimsey, who represents the American not hired, new products delayed or can- MINETA, who is my next-door neighbor Electronic Association, before the celed outright and vital research that and represents part of the Silicon Val- Telecommunications Committee. will never be done, and price increases ley, which mirrors the broad bipartisan Of the explosion in securities litigation he imposed on consumers. This tax will legislation introduced again this year said: ``We believe the current securities litiga- fall most heavily on high-tech bio- by Senators DODD and DOMENICI. I be- tion system promotes meritless litigation, technology and other growth compa- lieve H.R. 675 will put an end to frivo- shortchanges investors, and costs jobs. It is a nies, the very industry most critical to lous suits while protecting investors’ showcase example of the legal system run American competitiveness. rights. This bill, I believe, protects in- awry. It is bad law, bad policy, and bad eco- One out of every four strike suits tar- vestors’ rights and is a bill which ulti- nomics.'' gets high-tech companies. High-tech mately I think will break a legislative Mr. Chairman, the time has come to act and and biotech companies have paid 40 stalemate which would only delay pro- pass securities reform litigation. percent of the costs of strike suit set- tection for our high technology com- Mr. MARKEY. Mr. Chairman, I yield tlements handing out some $440 mil- munity. 5 minutes to the gentleman from lion, however, over the last 2 years We must craft a piece of legislation Michigan [Mr. DINGELL] the ranking alone. that stops the frivolousness and yet minority member of the full commit- Strike suits claim a last category of still protects shareholders and inves- tee. victims: tens of millions of Americans tors, and the bill before us today I (Mr. DINGELL asked and was given who have invested in securities think is a step in the right direction. permission to revise his remarks.) through their labor union pension In my view, the balance of the work Mr. DINGELL. Mr. Chairman, I ask funds, ESOP’s or their individual mu- still remains to be done. As H.R. 1058 unanimous consent to use a modest tual fund. They suffer twice. They suf- advances through the legislative proc- display. fer whenever price fluctuation triggers ess, our objective again must be to end The CHAIRMAN. Is there objection the suit, and they suffer again through meritless lawsuits quickly and effi- to the request of the gentleman from the costs of litigating and settling the ciently and with fairness, and I think Michigan? strike suits that follow. that is an operative word. There was no objection. The current system is not protecting Mr. Chairman, my constituents need Mr. DINGELL. Mr. Chairman, there them; our legislation will. and deserve relief, and I look forward are ways of cleaning up the abuses that Mr. MARKEY. Mr. Chairman, I yield to working on producing that for them. exist with regard to citizens’ suits re- 2 minuted to the gentlewoman from Mr. FIELDS of Texas. Mr. Chairman, garding securities. But this legislation California [Ms. ESHOO]. I yield 2 minutes to the distinguished is not the way that it should be done. Ms. ESHOO. Mr. Chairman, at the gentleman from Ohio [Mr. GILLMOR]. My colleagues on the Republican side first Committee on Commerce hearing Mr. GILLMOR. Mr. Chairman, I would have us believe that the securi- on this issue I stated that our final ob- thank the gentleman for yielding time ties industry and the marketplaces of jective must be the Congress must pass to me, and I rise in support of H.R. this country are some kind of kinder- and the President should sign into law 1058, the Securities Litigations Reform garten or perhaps a cloistered nunnery legislation which provides relief from Act. where nothing that is good for us is meritless lawsuits and do it this year. This week we are going to be debat- brought out. No, sir, nothing could be Let me state the plain facts. Meritless ing a number of important legal and further from the truth. The hard fact lawsuits are crippling our high-tech- economic issues, and one of the most of the matter is this is the place where nology industry. They cost money, critical will be finally addressing the rascals and rogues go to plunder the they cut investment and stifle initia- explosion of abusive and speculative American people, honest investors who tive. They must be stopped. litigation known as ‘‘strike suits.’’ For invest their life savings and that is all. Twenty-six of the 40 largest high- too many years American high tech- And this legislation, while it might tech companies in Silicon Valley have nology and manufacturing companies correct abuses of which the other side been sued. In fact I think if you place have faced the unreasonable risk and complains, will also strip law-abiding them all in the room, all of the players threat of litigation at the cost of high- citizens of their rights to litigate in Silicon Valley, the only difference er product prices, diminished earnings where wrongdoing has been done to between them is those that have sued shareholder returns, reduced capital in- them and where their assets have been and those that will be. vestment, and a less vibrant American stolen by wrongdoing. H.R. 1058 attempts to stop these suits economy. b and I commend my colleagues for As a result many people are not will- 1700 bringing this issue to the floor. We ing to serve on the boards of directors This is not a handout from the trial share the same goal of ending frivolous of these companies. Many companies, lawyers. This is a prestigious business lawsuits. even where there is no fraud and no publication. It says, ‘‘Can you trust In my view, in the effort to right the negligence committed, are faced with your broker?’’ The answer is you may wrongs, many of the reform proposed the tremendous cost of litigations. It be able to, but you may not. It is inside by H.R. 1058 go too far. By eliminating also makes companies far less willing the publication, and I would commend such protections as the recklessness to disclose useful and valuable infor- it to the reading of my colleagues. standard for fraud, this legislation mation to the public. Such abuses sim- Look at some of the things that have would strip the ability of shareholders ply cannot be allowed to continue un- had happened recently in the securities with legitimate claims, let me under- checked. industry, and you will understand why H 2764 CONGRESSIONAL RECORD — HOUSE March 7, 1995 it is that this is bad legislation: a bil- ing. It says a rising wave of cynicism, plaintiffs’ right to sue. This is simply lion-dollar collapse of Barings invest- both inside and outside the industry on not the case. ment banking firm in England. The widely accepted ways of doing business The modified loser-pays provision lawsuits against the perpetrators of at the largest and most prestigious will only result in fee shifting in cases that wrongdoing would have probably firms. that should not have been brought in been sheltered by this legislation. What we are talking about here is the first place. The only thing chilled Similarly, the $2 billion collapse of Or- legislation that has been offered by my by this provision would be meritless ange County investments that led that Republican colleagues that shelters suits which I believe deserve to be put county to declare bankruptcy probably wrongdoing. It does not only protect in the deep freeze. would be sheltered by this legislation. innocent people against strike suits, Second, as for the definition of reck- Limited partnership fraud so far has but it requires, for example, that in lessness, the current law is vague and cost Prudential Securities better than pleading, a pleader has to prove what uncertain. Parties may engage in near- $1 billion. Twelve billion dollars in liti- was going on inside the head and the ly identical conduct, yet courts reach gation in a fraud case against Drexel mind of the wrongdoer, and the ques- completely different results. The Burnham Lambert; the case was set- tion then is, what is the representative vagueness and uncertainty of the cur- tled for $3 billion, no shakedown by of the hurt litigant? Is it a lawyer? Is rent standard has led to a great deal of trial lawyers, but action by the Federal it a psychic or is it a psychiatrist? inconsistency, confusion, and unfair- Government. This is outrageous legislation and ness in our judicial system. How about the securities fraud and should be rejected. I think all of us would agree that by insider trading scandals perpetrated by Mr. FIELDS of Texas. Mr. Chairman, creating consistency we can increase Ivan Boesky, Dennis Levine, Martin I yield 1 minute to the distinguished fairness and decrease the probability of Siegel and others on Wall Street? gentleman from Colorado [Mr. SCHAE- injustice in our legal system. What about some other splendid se- FER]. In general, most strike suits under curities frauds which probably would (Mr. SCHAEFER asked and was given current law do more harm than good. have been sheltered under this legisla- permission to revise and extend his re- Reform is needed for two main reasons. tion? Lincoln Savings and Loan, Char- marks.) No. 1, proper plaintiffs must have a lie Keating and his cohorts; they sold Mr. SCHAEFER. Mr. Chairman, I rise place to redress valid grievances. worthless bonds to the elderly in bank today in support of H.R. 1058, the Secu- Mr. MARKEY. Mr. Chairman, I yield lobbies; Washington Public Power Sup- rities Litigation Reform Act. myself 2 minutes. ply System, a massive default of $10 As a member of the Telecom and Fi- Mr. Chairman, I would just like to billion and more in bonds, led to a nance Subcommittee, I have long sup- point out to my colleagues that there class-action lawsuit which resulted in ported similar legislation to fix our are 435 votes in this House to improve more than an $800 million settlement, broken securities litigation system. class action security fraud lawsuits. probably would have been proscribed The system is broken for defrauded in- We want to stop the race to the under the legislation that we are ad- vestors who recall and recover only a courthouse. We want to sanction law- dressing. In Salomon Brothers, a group small amount of their losses when part yers who bring frivolous cases or bring of elite institutions worked together to of valid cases. The system is broken for them in bad faith. raid government bonds auctions; prob- businesses, especially the startup high- But what we really hear from the ably lawsuits would have been banned tech firms who rely on capital markets other side about the virtues that our under the legislation we are talking for financing. And it is broken for the antifraud laws bring to our investors about. At Miniscribe, the company general public who ultimately must and to our market, we rarely hear shipped bricks in boxes instead of hard pay the price of frivolous litigation in about the need for a balanced approach disk drives, or at Phar-Mor, where ex- the form of slower economic growth, to reform. We rarely hear the mention ecutives maintained two sets of books fewer jobs, and higher prices. of the terrible frauds that have oc- so that as much as $1 billion could be It is very clear we have a serious curred over the last 10 years, and we diverted for personal interests. Those problem. I say to my colleagues, strike never hear assurances from the other are some of the better. a blow for our small businesses and side that their legislation will not ad- But you know that in some 35 other startup enterprises. Support H.R. 1058. versely impact these disastrous situa- communities other than Orange Coun- Mr. FIELDS of Texas. Mr. Chairman, tions like Drexel and Milken and ty, some publicly supported institu- I yield 2 minutes to the gentleman Boesky and Lincoln Savings and tions also reported massive losses in 9 from Iowa [Mr. GANSKE]. Keating and Miniscribe and many oth- months, these because of exotic deriva- Mr. GANSKE. Mr. Chairman, I rise ers. tives, and it goes on and on, Kemper today in strong support of H.R. 1058. If the legislation brought here today Financial Services, which was recently We must end abuse that is eroding was meant to shut down these legal charged by the SEC with illegally di- our legal system. As stated by SEC firms that take professional plaintiffs verting stock trades for the benefit of Chairman Arthur Levitt, private ac- and terrorize private corporations its own profit-sharing plan. Kemper tions are intended to compensate de- across this country, I think we can find settled a similar charge earlier with frauded investors and deter securities a consensus. The truth of the matter is the SEC for $10 million. We do not violations. though the legislation we are consider- know how much they are going to If the current system fails to distin- ing here today shuts down the good come up with on this one. guish between strong and weak cases, suits, the legitimate suits, the suits The Wall Street Journal reported the it serves neither purpose effectively. I that have to be brought by individuals SEC charged more than a dozen indi- could not agree more. in this country against Boesky and viduals and companies with wireless Unfortunately, this is precisely with against Milken and against Keating cable fraud bulking 3,000 investors out what we are left today, an ineffective and against all of those S&L scam art- of $40 million. On February 27, the system. ists that were out there in the 1980’s, Journal and the Times reported Han- The changes mandated by this legis- the scam artists that resulted in the over, Sterling & Co., a brokerage com- lation would help restore responsibility U.S. Congress being forced to vote for pany, was ordered to cease all oper- and respectability to our corporate sys- 100 to 150 billion dollars’ worth of tax- ations. Why? Because thousands of in- tem. First, the provision that imposes payer dollars in order to insure that vestors in the 16 stocks to which the loser-pays rules when the court deter- those who had put their life savings in firm was a market-maker suffered mas- mines the position of the losing party the S&L’s and banks across this coun- sive losses ranging from 57 percent to was not substantially justified are war- try did not in fact face bankruptcy. 80 percent when the shutdown was re- ranted. This would prevent the con- Mr. Chairman, I reserve the balance ported. summate race to the courthouse. of my time. Business Week on February 20 said, Plaintiffs will have to weigh the merits Mr. FIELDS of Texas. Mr. Chairman, ‘‘Can you trust your broker?’’ The an- of the case before filing suit. Opponents I yield 2 minutes to the gentleman swer, as I have said, was not reassur- claim this will have a chilling effect on from Massachusetts [Mr. BLUTE]. March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2765 Mr. BLUTE. Mr. Chairman, I thank California who will offer it very soon in Mr. FIELDS of Texas. Mr. Chairman, the gentleman, the distinguished chair- this debate. By blocking all possibility I yield 3 minutes to the gentleman man of the subcommittee, who wrote of civil RICO lawsuits for securities from Oklahoma [Mr. COBURN]. this legislation. fraud, the Cox amendment would in- Mr. COBURN. I thank the gentleman Mr. Chairman, the engine of eco- credibly harm plantiffs such as the el- for yielding to me. nomic growth in this country is under derly bondholders who were cheated Mr. Chairman, something I learned a assault from some lawyers who give out of their life’s savings by Charles long time ago from my father that I the term ‘‘gone fishing’’ an entirely Keating in the Lincoln Savings and think would do us all well and that is new meaning. Loan debacle. It would deny any effec- his definition of a good lawyer. And a These strike-suit lawyers are trolling tive remedy for the thousands of de- good lawyer is somebody who solves for easy money won from vulnerable positors of the Bank of Credit and problems rather than creates them. companies whose only crime is being Commerce International, the notorious The legislation that we are consider- subject to a volatile market. BCCI, which regulators from 62 coun- ing has in fact addressed an issue be- Entrepreneurial high-tech companies tries united to shut down because of fore us that is causing and wreaking in my State such as EMC Corp. based the bank’s fraudulent practices. havoc with a large number of Ameri- in my district are being hit with strike Why an amendment of such a broad ca’s most consistent job-providing in- suits which seek damages for loss in sweep that it would prevent lawsuits dustries. stock value. This is a company that against some of the biggest white-col- I believe the American people are has created thousands of jobs in the lar criminals in the Nation’s history, sick and tired of those who feed off of State of Massachusetts. Since going even though the sponsors of the amend- our system and weaken American com- public in 1986, it has been the subject of ment may not have intended such a re- petitiveness. They are sick of the un- two such suits. One was filed less than sult? The answer is this amendment scrupulous few who make a mockery of 24 hours after the company disclosed was hastily put together without the our concept of justice by exploiting the quarterly earnings lower than the pre- benefit of any hearings or debate in legal system for their own personal vious quarter. any committee or the possibility of a gain. This kind of situation is not unusual. markup where there could have been Mr. Chairman, a glitch in the Securi- Hundreds of suits are filed by lawyers important improvements, and now ties and Exchange Act of 1934, called and professional plaintiffs who prey on within an 8-hour ambit, we are asked rule 10 B–5, created a new group of small high-tech firms because their to consider the revocation of the great- parasites known as professional plain- stocks tend to be more volatile and est single crime-fighting bill provision, tiffs. These professional plaintiffs are they are more inclined to settle. RICO, on the law books today. In fact, between 1989 and 1993, 61 per- recruited by those who figured out how b cent of all strike suits were brought 1715 to exploit our judicial system by filing against companies with less than $500 It is a shame for what is going on frivolous lawsuits. million in annual sales, and 33 percent now. Currently, exploitation of rule 10 B–5 against companies with less than $100 Mr. COX of California. Mr. Chairman, allows these clever few to sue compa- million in sales. will the gentleman yield? nies through the use of professional Mr. Speaker, the problem is critical, Mr. CONYERS. I yield to the gen- plaintiffs for fraud whenever the price because these high-tech companies are tleman from California [Mr. COX], who of a stock drops. These professional the job-creating innovators, where is a member of the Committee on the plaintiffs, or parasites, if you will, who many of our cutting-edge products Judiciary, by the way. hold only a tiny share of stock, launch originate. These are companies that Mr. COX of California. Mr. Chairman, fishing expeditions and rack up for- are leading our export efforts in our I point out that the RICO amendment, midable discovery fees to force the de- economy. Biotechnology companies in which the gentleman is accurate in fendants to settle out of court rather my district are developing treatments stating that I will soon offer, was in than to pay the costs of defending for cancer and AIDS. These kinds of fact inadvertently left out of the bill themselves. The result has been a strike suits are jeopardizing the devel- when we combined the Commerce and threefold explosion of securities fraud opment of those life-saving products by Judiciary portions. It was in the origi- suits over the last 5 years. One out of holding these companies hostage. nal bill introduced on January 4, also every eight companies on the New These companies are forced to divert in the original bill of last year and in- York Stock Exchange has been hit resources, energy, talent, and money to troduced and made public as part of the with this type of suit. I believe Ameri- fighting these unwarranted strike Contract With America in October. It ca’s economic growth is stifled by such suits. has always been in the bill. a perversion of our legal system by a Mr. Chairman, I urge my colleagues Mr. CONYERS. Well, may I just re- small handful of lawyers that file the to support this bill, and let us have a spond to the gentleman? Could we in- lion’s share of suits, hitting one in strong growth export economy. advertently leave it out when there every four high-technology firms in our Mr. MARKEY. Mr. Chairman, I yield were no hearings on it? It was men- country today. Just nine law firms in 4 minutes to the gentleman from tioned in the bill, but there were a lot this country have accounted for two- Michigan [Mr. CONYERS], the ranking of things mentioned in the bill. On this thirds of the 1,400 class suits filed be- minority member of the Committee on pretext, anything that was not put in tween 1988 and 1993. the Judiciary. the bill could have been accidentally The threat that exploitation of rule Mr. CONYERS. Mr. Chairman, I left out. 10 B–5 poses to our time, our peace of thank the gentleman from Massachu- The problem that we have is that the mind, and our pocketbooks, the pock- setts for yielding to me and commend gentleman’s amendment is asking the etbooks of the average American, is him on the excellent job that he has Congress in broad daylight to believe immoral and should be illegal. done today and through the years on that the biggest amendment for fight- I am supporting the Securities Re- this very important subject. ing civil fraud that has ever been put form Act because it will free American Ladies and gentlemen, the commit- on the books was accidentally left out. Businesses from the ever-present tee report explaining why this legisla- I guess we accidentally did not have threat of baseless and expensive law- tion is needed talks about the typical any hearings. I guess there acciden- suits. This bill will deter the practice case of high-growth, high-technology tally were not any witnesses. I guess of frivolous lawsuits that serve only to stock which experiences a sudden this was all an accident that needs to line the pockets of those who rob our change in price, thereby giving rise to be corrected right now. corporations of investment capital and securities lawsuits and a claim for If it was an accident, let us go back rob them of the resource for competi- damages by shareholders. and do it correctly. The provision of tive research and development and ul- But that is not the type of lawsuit this amendment is broader than any timately rob us of an increased stand- that would be affected by the one killer attempt at a modification of RICO, and ard of living and high-wage jobs. amendment by the gentleman from the gentleman knows it. I therefore urge passage of H.R. 1058. H 2766 CONGRESSIONAL RECORD — HOUSE March 7, 1995 Mr. MARKEY. Mr. Chairman, I yield watched what has happened in the se- right on point. But when you get to 2 minutes to the gentleman from Penn- curities marketplace. The gentleman anecdotes and you look at them care- sylvania [Mr. KLINK]. from Michigan [Mr. DINGELL] is abso- fully, you begin to find that the point Mr. KLINK. I thank the gentleman lutely right: There are corporate one wishes to make by using anecdotes for yielding this time to me. abuses. begins to fall apart. You know, proponents of this so- Mr. KLINK, the gentleman from Mr. FIELDS of Texas. Mr. Chairman, called securities litigation reform are Pennsylvania, is also correct that the I yield 1 minute to the gentleman from arguing that private securities and securities market itself is doing quite New York State [Mr. PAXON]. class action suits are making it vir- well. Mr. PAXON. I thank the gentleman tually impossible for public companies But the fact remains that there is an for yielding this time to me. to raise capital and are preventing abuse within this industry that does Mr. Chairman, I rise in strong sup- these companies from going public. need to be corrected. And it is focused port of H.R. 1058. This needed legisla- But they will tell you only anecdotes primarily on those firms that provide tion strikes at the very heart of the se- about their friends in big business who the highest rate of growth to our econ- rious problem, the strike suits and abu- would prefer not to be sued because omy, those firms that take the great- sive litigation. they really cannot rely on the facts. est risks, in the area of high-tech- As we have heard from previous The facts will show that our markets nology. speakers, our capital markets are the have been tremendously successful in Legent Corp., in Herndon, VA, now in envy of the world, but that position is raising capital for public companies. Vienna, actually, they had a slight being seriously threatened. It is threat- Every important statistical measure of change in their earnings expectation, ened by a privileged few, a group of the success of our securities markets, the stock dropped. Immediately they people who are not injured in any way, the number and proceeds of initial pub- were hit with one of those strike law- but have found a system for legal ex- lic offerings, the volume and value of suits. They required 200,000 pages of tortion, a system where all you need is common stock offerings, the volume of documentation, many, many days of to read stock quotes for a falling stock trading, have been at all-time highs. very valuable employee time was and pair it up with a data base, and The number of initial public security spent, and they wound up settling for there is a comprehensive list of ready offerings has risen 9,000 percent in the $2 million in legal fees even though it plaintiffs. last 20 years while the proceeds raised was acknowledged it was a frivolous Mr. Chairman, for far too long this have skyrocketed 38,000 percent. lawsuit. has been going on. It is time to stop it The staff report of the Senate Sub- Metrix Corp., same thing happened; A and for Congress to approve this impor- committee on Securities has found small reduction in their earnings ex- tant legislation. that, ‘‘Despite the claims by critics pectation, the stocks began to drop, I believe it is a balanced approach that securities litigation is hampering and they got hit with a strike lawsuit. that will benefit all Americans. capital formation, initial public offer- They had to produce 50,000 documents, It will not eliminate the ability of in- ings have proceeded at a record pace in 200,000 electronic messages to the jured Americans to bring claims, but it recent years.’’ plaintiffs’ lawyers, 20 employees had to will stop get-rich attorneys from filing We all know that recently the Dow- spend full time on this. They wound up spurious claims against companies. Jones Industrial Averages surpassed settling for $975,000. I am proud of our Committee on the 4,000 mark, which is an all-time Mr. Chairman, I want you to recog- Commerce, the work product they have high. That has to make us all wonder nize this: The investors, the sharehold- put forth, and particularly the work of how can it be that there is such a seri- ers got $400 or less. The lawyer got the gentleman from California, Mr. ous problem from the roughly 300 fraud $330,000. That is what this is all about. COX, the gentleman from Texas, Mr. class action cases filed each year. They are fishing expeditions for law- FIELDS, and the gentleman from Vir- In light of the facts, claims by com- yers who have found a way to abuse the ginia, Chairman BLILEY. panies that they are afraid to go public system. It should not be tolerated in Mr. MARKEY. Mr. Chairman, I yield to raise capital because of fear of liti- the courts and it should not be toler- myself the 2 minutes to conclude. gation are nothing but really self-serv- ated in the Congress. Mr. Chairman, the cover of News- ing nonsense. If they are really are so Mr. MARKEY. Mr. Chairman, I yield Week just out tells the story: ‘‘The boy concerned about litigation, they would 1 minute to the gentleman from Texas who lost a billion dollars, Nick Leeson, not be restricting the minuscule num- [Mr. BRYANT]. the 28-year-old trader who bankrupted ber of private securities fraud class ac- Mr. BRYANT of Texas. I thank the England’s oldest investment firm.’’ tions, they would be restricting the gentleman for yielding this time to me. Now, Nick Leeson is an interesting huge and increasing numbers of busi- Mr. Chairman, I was inspired after case. It is not directly on point here, ness-versus-business suits. hearing my friend, the gentleman from except to the extent to which there are As the Rand Corp.’s recent study of Virginia [Mr. MORAN], for whom I have Nick Leesons out there and they do the litigation patterns of Fortune 1,000 great respect, enormous respect. After prey upon innocent investors, they do companies demonstrates, by far, is that I heard him speak, I want to say that engage in practices that risk the life you are seeing many more firms that he voices the sentiments by many of us savings of individuals who believe that are suing other firms. As the Wall on this side that we ought to make the holding out, the representation Street Journal, in an article of Decem- some modifications that deal with the made by the S&L, is in fact accurate. ber 3, 1993, entitled ‘‘Suits by Firms real problems. Now, with the Dow-Jones Industrial Exceed Those by Individuals,’’ noted, But the bill we have before us today Average rising to 4,000 this week, there ‘‘Businesses may be their own worst is one of a long line of measures that is unprecedented confidence in the enemies when it comes to the so-called are so extreme, that go so far and that American marketplace, that it is hon- litigation explosion.’’ are so, in many respects, absurd as to, est and efficient, but honest above all. So why is it that proponents are I think, astonish anyone who is an ob- That is what our American laws have seeking to limit only private actions server or a participant in the system of given assurances to the rest of the and not business suits? jurisprudence in America today. world over the last 60 years. If you go Mr. FIELDS of Texas. Mr. Chairman, If the problem was as it has been de- to Singapore, if you go to England, if I yield 2 minutes to our good friend on scribed by the majority, surely the Se- you go to any other place in the world, the other side of the aisle, the gen- curities and Exchange Commission you go to a country that has lower tleman from Virginia [Mr. MORAN]. would have been here saying so. But standards than our country. It is this Mr. MORAN. I thank the gentleman they came before the committee and system of laws which we have put in for yielding this time to me. did not say that this bill was the solu- place which has given the reason for in- Mr. Chairman, I do not know if there tion. dividual investors to look at the thou- are others of my colleagues who have The gentleman from Virginia, [Mr. sands of companies which we have, been stockbrokers at some time in MORAN] quoted anecdotes. There are take their savings and put them into their life, but I was for 10 years. I have many anecdotes; some of them are these companies that have allowed our March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2767 Dow-Jones Industrial Average to rise because it is common practice to simply settle Sec. 3. Prevention of abusive practices that to 4,000. That is what we should be ex- out of court. Companies settle out of court, foment litigation. tremely cautious about as we deal with whether or not the suit has merit, because it (a) Additional provisions applicable to pri- this issue here today. costs an average of $692,000 in legal fees vate actions. Our system works. If we want to deal and 1,055 hours of management time to suc- ‘‘Sec. 20B. Procedures applicable to private actions. with rogue lawyers, if we want to deal cessfully defend a strike suit. When meritless with frivolous law cases let us deal ‘‘(a) Elimination of bonus payments suits can be dismissed, the cases of real fraud to named plaintiffs in class ac- with them, but let us not also kid our- will be brought to court. Then, investors will tions. selves, there are many here who are in- get paid the real value of their loss. ‘‘(b) Restrictions on professional terested in ensuring that the legiti- That is just not the case today. Today, in- plaintiffs. mate cases that have to be brought to vestors receive between 6 and 14 cents on ‘‘(c) Awards of fees and expenses. protect the public are also excluded as the dollar lost. ‘‘(d) Prevention of abusive conflicts well. Securities litigation reform will reward inves- of interest. Mr. FIELDS of Texas. Mr. Chairman, tors by removing these punishments. How- ‘‘(e) Disclosure of settlement terms I yield myself the remaining minute. ever, in addition, specific provisions are in- to class members. ‘‘(f) Encouragement of finality in set- b 1730 cluded in the bill to give investors the same authority over their attorney as other clients, in tlement discharges. Mr. Chairman, some of the examples other types of litigation, have. The bill provides ‘‘(g) Contribution from non-parties in we have heard from the other side of interests of fairness. for a court-appointed steering committee to ‘‘(h) Defendant’s right to written in- the aisle, Milken, Keating, Leeson, make sure that lawsuits are maintained in the they all share something important. terrogatories establishing client's best interest. It also requires settle- Each of these acted with intent. Each scienter.’’ ment offers to disclose the amount paid to of these acted with the intent to de- (b) Prohibition of referral fees that foment lawyers and class members per share of litigation. fraud. stock. These significant changes favor those Sec. 4. Prevention of ‘‘fishing expedition’’ The legislation that we are consider- investors who have legitimate and important lawsuits. ing today would not affect shareholder suits. ‘‘Sec. 10A. Requirements for securities actions against those people or people But investors are not the only ones pun- fraud actions. like them in the future. Those people ished by meritless strike suits. High-tech- ‘‘(a) Scienter. would be jointly and severally liable. nology and high-growth companies are also ‘‘(b) Requirement for explicit plead- That has not changed in our legisla- ing of scienter. tion, and, Mr. Chairman, I think that punished. One in every eight companies listed on the New York Stock Exchange is hit with ‘‘(c) Dismissal for failure to meet is a compelling point in ending this de- pleading requirements; stay of bate. a strike suit. Even more startling is that one of discovery; summary judgment. every four strike suits targets these high- Mr. HASTINGS of Florida. Mr. Chairman, ‘‘(d) Reliance and causation. while H.R. 10 is called the Common Sense growth companies. The average settlement, ‘‘(e) Allocation of liability. Legal Reform Act, the more accurate title which is over $8.6 million, has, in essence, ‘‘(f) Damages.’’ would be the Citizens' Rights Reduction Act. become a litigation tax on these companies. Sec. 5. Establishment of ‘‘safe harbor’’ for For more than 200 years, the citizens of the Those who have a tangential relationship to predictive Statements. United States have possessed the right by these suits, primarily the accountants who cer- ‘‘Sec. 37. Application of safe harbor for their own States to hold wrongdoers account- tify the books, are also punished. The long forward-looking Statements. ‘‘(a) Safe harbor defined. able. Under H.R. 10, such rights would be arm of the law has sought to include them, even when there is no fraud on their part, just ‘‘(b) Automatic protective order stay- taken away from the citizens of the States. ing discovery; expedited proce- With an apparent Congress-knows-best atti- because they have deep pockets. It's time that we reform our judicial system dure. tude, the proponents of this bill want to take ‘‘(c) Regulatory authority.’’ away the rights of ordinary Americans to hold so that those who commit crimes are the ones who are punished, not those who abide by the Sec. 6. Rule of construction. wrongdoers accountable and to seek fair and Sec. 7. Effective date. law. H.R. 1058 will restore integrity to our sys- just compensation when they are wronged. SEC. 2. PREVENTION OF LAWYER-DRIVEN LITIGA- This bill is wrong. tem and I urge my colleagues to join me in TION. Mr. HASTERT. Mr. Chairman, I rise in sup- voting to pass this important bill. (a) PLAINTIFF STEERING COMMITTEES TO EN- port of H.R. 1058, the Securities Litigation Re- The CHAIRMAN. All time for general SURE CLIENT CONTROL OF LAWSUITS.—The Se- form Act, a bill that will discourage meritless debate has expired. Pursuant to the curities Exchange Act of 1934 (15 U.S.C. 78a suits. rule, the bill is considered as having et seq.) is amended by adding at the end the There is a securities litigation explosion in been read for amendment under the 5- following new section: this country. In 1993 we saw the highest num- minute rule. ‘‘SEC. 36. CLASS ACTION STEERING COMMITTEES. ber of pending cases in any year for which The text of H.R. 1058 is as follows: ‘‘(a) CLASS ACTION STEERING COMMITTEE.— data are available except 1974. Since 1990, H.R. 1058 In any private action arising under this title filings have increased dramatically. The num- Be it enacted by the Senate and House of Rep- seeking to recover damages on behalf of a class, the court shall, at the earliest prac- ber of cases filed in the 4 years from 1990 to resentatives of the United States of America in Congress assembled, ticable time, appoint a committee of class 1993 nearly equals the number filed in the members to direct counsel for the class SECTION 1. SHORT TITLE; TABLE OF CONTENTS. previous 10 years combined. (hereafter in this section referred to as the Some argue that H.R. 1058 will hurt inves- (a) SHORT TITLE.—This Act may be cited as ‘plaintiff steering committee’) and to per- tors, but just the opposite is true. The current the ‘‘Securities Litigation Reform Act’’. form such other functions as the court may (b) TABLE OF CONTENTS.—The table of con- litigation explosion punishes investors because specify. Court appointment of a plaintiff tents for this Act is as follows: steering committee shall not be subject to companies increasingly fear so called strike Sec. 1. Short title; table of contents. suits which are filed each time their stock fluc- interlocutory review. Sec. 2. Prevention of lawyer-driven litiga- ‘‘(b) MEMBERSHIP OF PLAINTIFF STEERING tuates. Thus, companies reveal less and less tion. COMMITTEE.— (a) Plaintiff steering committees to ensure information to investors that could be used ‘‘(1) QUALIFICATIONS.— client control of lawsuits. against them in the future. Clearly, investors ‘‘(A) NUMBER.—A plaintiff steering com- ‘‘Sec. 36. Class action steering com- lose when they do not have access to infor- mittee shall consist of not fewer than 5 class mittees. mation when making decisions about where to ‘‘(a) Class action steering committee. members, willing to serve, who the court be- place their life savings. ‘‘(b) Membership of plaintiff steering lieves will fairly represent the class. Investors are also hurt under current law be- committee. ‘‘(B) OWNERSHIP INTERESTS.—Members of cause they, in reality, are the ones who pay ‘‘(c) Functions of plaintiff steering the plaintiff steering committee shall have the costs when a company has to go to court committee. cumulatively held during the class period not less than— to defend itself against a meritless lawsuit. ‘‘(d) Immunity from civil liability; removal. ‘‘(i) the lesser of 5 percent of the securities They also pay the high cost of maintaining in- ‘‘(e) Effect on other law.’’ which are the subject matter of the litiga- surance against these strike suits. (b) Prohibition on attorneys’ fees paid tion or $10,000,000 in market value of the se- Finally, investors, who have legitimate from Commission disgorgement curities which are the subject matter of the claims, receive less money than they deserve funds. litigation; or H 2768 CONGRESSIONAL RECORD — HOUSE March 7, 1995

‘‘(ii) such smaller percentage or dollar ‘‘PROCEDURES APPLICABLE TO PRIVATE ACTIONS prevailing party reasonable fees and other amount as the court finds appropriate under ‘‘SEC. 20B. (a) ELIMINATION OF BONUS PAY- expenses incurred by the party in bringing or the circumstances. MENTS TO NAMED PLAINTIFFS IN CLASS AC- defending against the motion, including rea- ‘‘(2) NAMED PLAINTIFFS.—Class plaintiffs TIONS.—In any private action under this title sonable attorneys’ fees, unless the court serving as the representative parties in the that is certified as a class action pursuant to finds that special circumstances make an litigation may serve on the plaintiff steering the Federal Rules of Civil Procedure, the award unjust. committee, but shall not comprise a major- portion of any final judgment or of any set- ‘‘(6) RULE OF CONSTRUCTION.—Nothing in ity of the committee. tlement that is awarded to class plaintiffs this subsection shall be construed to limit or ‘‘(3) NONCOMPENSATION OF MEMBERS.—Mem- serving as the representative parties shall be impair the discretion of the court to award bers of the plaintiff steering committee shall equal, on a per share basis, to the portion of costs pursuant to other provisions of law. serve without compensation, except that any the final judgment or settlement awarded to ‘‘(7) PROTECTION AGAINST ABUSE OF PROC- member may apply to the court for reim- all other members of the class. Nothing in ESS.—In any action to which this subsection bursement of reasonable out-of-pocket ex- this subsection shall be construed to limit applies, a court shall not permit a plaintiff penses from any common fund established the award to any representative parties of to withdraw from or voluntarily dismiss for the class. actual expenses (including lost wages) relat- such action if the court determines that such ‘‘(4) MEETINGS.—The plaintiff steering ing to the representation of the class. withdrawal or dismissal is taken for pur- committee shall conduct its business at one ‘‘(b) RESTRICTIONS ON PROFESSIONAL PLAIN- poses of evasion of the requirements of this or more previously scheduled meetings of the TIFFS.—Except as the court may otherwise subsection. committee, of which prior notice shall have permit for good cause, a person may be a ‘‘(8) DEFINITIONS.—For purposes of this sub- been given and at which a majority of its named plaintiff, or an officer, director, or fi- section— members are present in person or by elec- duciary of a named plaintiff, in no more than ‘‘(A) The term ‘fees and other expenses’ in- tronic communication. The plaintiff steering 5 class actions filed during any 3-year period. cludes the reasonable expenses of expert wit- committee shall decide all matters within ‘‘(c) AWARDS OF FEES AND EXPENSES.— nesses, the reasonable cost of any study, its authority by a majority vote of all mem- ‘‘(1) AUTHORITY TO AWARD FEES AND EX- analysis, report, test, or project which is bers, except that the committee may deter- PENSES.—If the court in any private action found by the court to be necessary for the mine that decisions other than to accept or arising under this title enters a final judg- preparation of the party’s case, and reason- reject a settlement offer or to employ or dis- ment against a party litigant on the basis of able attorneys’ fees and expenses. The miss counsel for the class may be delegated a motion to dismiss, motion for summary amount of fees awarded under this section judgment, or a trial on the merits, the court to one or more members of the committee, shall be based upon prevailing market rates shall, upon motion by the prevailing party, or may be voted upon by committee mem- for the kind and quality of services fur- determine whether (A) the position of the bers seriatim, without a meeting. nished. losing party was not substantially justified, ‘‘(5) RIGHT OF NONMEMBERS TO BE HEARD.— ‘‘(B) The term ‘substantially justified’ (B) imposing fees and expenses on the losing A class member who is not a member of the shall have the same meaning as in section party or the losing party’s attorney would be plaintiff steering committee may appear and 2412(d)(1) of title 28, United States Code. be heard by the court on any issue relating just, and (C) the cost of such fees and ex- ‘‘(d) PREVENTION OF ABUSIVE CONFLICTS OF to the organization or actions of the plaintiff penses to the prevailing party is substan- tially burdensome or unjust. If the court INTEREST.—In any private action under this steering committee. title pursuant to a complaint seeking dam- ‘‘(c) FUNCTIONS OF PLAINTIFF STEERING makes the determinations described in ages on behalf of a class, if the class is rep- COMMITTEE.—The authority of the plaintiff clauses (A), (B), and (C), the court shall resented by an attorney who directly owns or steering committee to direct counsel for the award the prevailing party reasonable fees otherwise has a beneficial interest in the se- class shall include all powers normally per- and other expenses incurred by that party. curities that are the subject of the litiga- mitted to an attorney’s client in litigation, The determination of whether the position of tion, the court shall, on motion by any including the authority to retain or dismiss the losing party was substantially justified party, make a determination of whether counsel and to reject offers of settlement, shall be made on the basis of the record in such interest constitutes a conflict of inter- and the authority to accept an offer of set- the action for which fees and other expenses est sufficient to disqualify the attorney from tlement subject to final approval by the are sought, but the burden of persuasion representing the class. court. Dismissal of counsel other than for shall be on the prevailing party. ‘‘(e) DISCLOSURE OF SETTLEMENT TERMS TO cause shall not limit the ability of counsel to ‘‘(2) SECURITY FOR PAYMENT OF COSTS IN CLASS MEMBERS.—In any private action enforce any contractual fee agreement or to CLASS ACTIONS.—In any private action aris- under this title that is certified as a class ac- apply to the court for a fee award from any ing under this title that is certified as a tion pursuant to the Federal Rules of Civil common fund established for the class. class action pursuant to the Federal Rules of Civil Procedure, the court shall require an Procedure, any settlement agreement that is ‘‘(d) IMMUNITY FROM CIVIL LIABILITY; RE- undertaking from the attorneys for the published or otherwise disseminated to the MOVAL.—Any person serving as a member of class shall include the following statements: a plaintiff steering committee shall be im- plaintiff class, the plaintiff class, or both, in such proportions and at such times as the ‘‘(1) STATEMENT OF POTENTIAL OUTCOME OF mune from any civil liability for any neg- court determines are just and equitable, for CASE.— ligence in performing such service, but shall the payment of the fees and expenses that ‘‘(A) AGREEMENT ON AMOUNT OF DAMAGES not be immune from liability for intentional may be awarded under paragraph (1). AND LIKELIHOOD OF PREVAILING.—If the set- misconduct or from the assessment of costs ‘‘(3) APPLICATION FOR FEES.—A party seek- tling parties agree on the amount of dam- pursuant to section 20B(c). The court may ing an award of fees and other expenses ages per share that would be recoverable if remove a member of a plaintiff steering com- shall, within 30 days of a final, the plaintiff prevailed on each claim alleged mittee for good cause shown. nonappealable judgment in the action, sub- under this title and the likelihood that the ‘‘(e) EFFECT ON OTHER LAW.—This section mit to the court an application for fees and plaintiff would prevail— does not affect any other provision of law other expenses that verifies that the party is ‘‘(i) a statement concerning the amount of concerning class actions or the authority of entitled to such an award under paragraph such potential damages; and the court to give final approval to any offer (1) and the amount sought, including an ‘‘(ii) a statement concerning the likelihood of settlement.’’. itemized statement from any attorney or ex- that the plaintiff would prevail on the claims (b) PROHIBITION ON ATTORNEYS’ FEES PAID pert witness representing or appearing on be- alleged under this title and a brief expla- FROM COMMISSION DISGORGEMENT FUNDS.— half of the party stating the actual time ex- nation of the reasons for that conclusion. Section 21(d) of the Securities Exchange Act pended and the rate at which fees and other ‘‘(B) DISAGREEMENT ON AMOUNT OF DAMAGES of 1934 (15 U.S.C. 78u(d)) is amended by add- expenses are computed. OR LIKELIHOOD OF PREVAILING.—If the parties ing at the end the following new paragraph: ‘‘(4) ALLOCATION AND SIZE OF AWARD.—The do not agree on the amount of damages per ‘‘(4) PROHIBITION ON ATTORNEYS’ FEES PAID court, in its discretion, may— share that would be recoverable if the plain- FROM COMMISSION DISGORGEMENT FUNDS.— ‘‘(A) determine whether the amount to be tiff prevailed on each claim alleged under Except as otherwise ordered by the court, awarded pursuant to this section shall be this title or on the likelihood that the plain- funds disgorged as the result of an action awarded against the losing party, its attor- tiff would prevail on those claims, or both, a brought by the Commission, or of any Com- ney, or both; and statement from each settling party concern- mission proceeding, shall not be distributed ‘‘(B) reduce the amount to be awarded pur- ing the issue or issues on which the parties as payment for attorneys’ fees or expenses suant to this section, or deny an award, to disagree. incurred by private parties seeking distribu- the extent that the prevailing party during ‘‘(C) INADMISSIBILITY FOR CERTAIN PUR- tion of the disgorged funds.’’. the course of the proceedings engaged in con- POSES.—Statements made in accordance with SEC. 3. PREVENTION OF ABUSIVE PRACTICES duct that unduly and unreasonably pro- subparagraphs (A) and (B) concerning the THAT FOMENT LITIGATION. tracted the final resolution of the action. amount of damages and the likelihood of pre- (a) ADDITIONAL PROVISIONS APPLICABLE TO ‘‘(5) AWARDS IN DISCOVERY PROCEEDINGS.— vailing shall not be admissible for purposes PRIVATE ACTIONS.—The Securities Exchange In adjudicating any motion for an order com- of any Federal or State judicial action or ad- Act of 1934 is amended by inserting after sec- pelling discovery or any motion for a protec- ministrative proceeding. tion 20A (15 U.S.C. 78t–1) the following new tive order made in any private action arising ‘‘(2) STATEMENT OF ATTORNEYS’ FEES OR section: under this title, the court shall award the COSTS SOUGHT.—If any of the settling parties March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2769 or their counsel intend to apply to the court neration for assisting an attorney in obtain- conduct discovery limited to the facts con- for an award of attorneys’ fees or costs from ing the representation of any customer in cerning the allegedly misleading statement any fund established as part of the settle- any private action under this title.’’. or omission. Upon completion of such discov- ment, a statement indicating which parties SEC. 4. PREVENTION OF ‘‘FISHING EXPEDITION’’ ery, the parties may move for summary or counsel intend to make such an applica- LAWSUITS. judgment. tion, the amount of fees and costs that will The Securities Exchange Act of 1934 (15 ‘‘(d) RELIANCE AND CAUSATION.— be sought (including the amount of such fees U.S.C. 78a et seq.) is amended by inserting ‘‘(1) IN GENERAL.—In any private action to and costs determined on a per-share basis, after section 10 the following new section: which subsection (a) applies, the plaintiff together with the amount of the settlement ‘‘SEC. 10A. REQUIREMENTS FOR SECURITIES shall prove that— proposed to be distributed to the parties to FRAUD ACTIONS. ‘‘(A) he or she had knowledge of, and relied suit, determined on a per-share basis), and a ‘‘(a) SCIENTER.— (in connection with the purchase or sale of a brief explanation of the basis for the applica- ‘‘(1) IN GENERAL.—In any private action security) on, the statement that contained tion. Such information shall be clearly sum- arising under this title based on a fraudulent the misstatement or omission described in marized on the cover page of any notice to a statement, liability may be established only subsection (a)(1); and party of any settlement agreement. on proof that— ‘‘(B) that the statement containing such ‘‘(3) IDENTIFICATION OF LAWYERS’ REP- ‘‘(A) the defendant directly or indirectly misstatement or omission proximately RESENTATIVES.—The name and address of one made a fraudulent statement; caused (through both transaction causation or more representatives of counsel for the ‘‘(B) the defendant possessed the intention and loss causation) any loss incurred by the class who will be reasonably available to an- to deceive, manipulate, or defraud; and plaintiff. swer written questions from class members ‘‘(C) the defendant made such fraudulent ‘‘(2) FRAUD ON THE MARKET.—For purposes concerning any matter contained in any no- statement knowingly or recklessly. of paragraph (1), reliance may be proven by tice of settlement published or otherwise dis- ‘‘(2) FRAUDULENT STATEMENT.—For pur- establishing that the market as a whole con- seminated to the class. poses of this section, a fraudulent statement sidered the fraudulent statement, that the ‘‘(4) OTHER INFORMATION.—Such other in- is a statement that contains an untrue state- price at which the security was purchased or formation as may be required by the court, ment of a material fact, or omits a material or by any plaintiff steering committee ap- sold reflected the market’s estimation of the fact necessary in order to make the state- fraudulent statement, and that the plaintiff pointed by the court pursuant to section 36. ments made, in the light of the cir- ‘‘(f) ENCOURAGEMENT OF FINALITY IN SET- relied on that market price. Proof that the cumstances in which they were made, not market as a whole considered the fraudulent TLEMENT DISCHARGES.— misleading. ‘‘(1) DISCHARGE.—A defendant who settles statement may consist of evidence that the ‘‘(3) KNOWINGLY.—For purposes of para- any private action arising under this title at statement— graph (1), a defendant makes a fraudulent any time before verdict or judgment shall be ‘‘(A) was published in publicly available re- statement knowingly if the defendant knew discharged from all claims for contribution search reports by analysts of such security; that the statement of a material fact was brought by other persons with respect to the ‘‘(B) was the subject of news articles; untrue at the time it was made, or knew that matters that are the subject of such action. ‘‘(C) was delivered orally at public meet- an omitted fact was necessary in order to Upon entry of the settlement by the court, ings by officers of the issuer, or its agents; make the statements made, in the light of the court shall enter a bar order constituting ‘‘(D) was specifically considered by rating the circumstances in which they were made, the final discharge of all obligations to the agencies in their published reports; or not misleading. plaintiff of the settling defendant arising out ‘‘(E) was otherwise made publicly available ECKLESSNESS.—For purposes of para- of the action. The order shall bar all future ‘‘(4) R to the market in a manner that was likely to claims for contribution or indemnity arising graph (1), a defendant makes a fraudulent bring it to the attention of, and to be consid- out of the action— statement recklessly if the defendant, in ered as credible by, other active participants ‘‘(A) by nonsettling persons against the making such statement, is guilty of highly in the market for such security. unreasonable conduct that (A) involves not settling defendant; and Nonpublic information may not be used as ‘‘(B) by the settling defendant against any merely simple or even gross negligence, but an extreme departure from standards of ordi- proof that the market as a whole considered nonsettling defendants. the fraudulent statement. ‘‘(2) REDUCTION.—If a person enters into a nary care, and (B) presents a danger of mis- ‘‘(3) PRESUMPTION OF RELIANCE.—Upon settlement with the plaintiff prior to verdict leading buyers or sellers that was either known to the defendant or so obvious that proof that the market as a whole considered or judgment, the verdict or judgment shall the fraudulent statement pursuant to para- be reduced by the greater of— the defendant must have been consciously graph (2), the plaintiff is entitled to a rebut- ‘‘(A) an amount that corresponds to the aware of it. For example, a defendant who table presumption that the price at which percentage of responsibility of that person; genuinely forgot to disclose, or to whom dis- the security was purchased or sold reflected or closure did not come to mind, is not reck- the market’s estimation of the fraudulent ‘‘(B) the amount paid to the plaintiff by less. that person. ‘‘(b) REQUIREMENT FOR EXPLICIT PLEADING statement and that the plaintiff relied on such market price. This presumption may be ‘‘(g) CONTRIBUTION FROM NON-PARTIES IN OF SCIENTER.—In any private action to which rebutted by evidence that— INTERESTS OF FAIRNESS.— subsection (a) applies, the complaint shall ‘‘(1) RIGHT OF CONTRIBUTION.—A person who specify each statement or omission alleged ‘‘(A) the market as a whole considered becomes liable for damages in any private to have been misleading, and the reasons the other information that corrected the alleg- action under this title (other than an action statement or omission was misleading. The edly fraudulent statement; or under section 9(e) or 18(a)) may recover con- complaint shall also make specific allega- ‘‘(B) the plaintiff possessed such corrective tribution from any other person who, if tions which, if true, would be sufficient to information prior to the purchase or sale of joined in the original suit, would have been establish scienter as to each defendant at the the security. liable for the same damages. time the alleged violation occurred. It shall ‘‘(4) REASONABLE EXPECTATION OF INTEGRITY ‘‘(2) STATUTE OF LIMITATIONS FOR CONTRIBU- not be sufficient for this purpose to plead the OF MARKET PRICE.—A plaintiff who buys or TION.—Once judgment has been entered in mere presence of facts inconsistent with a sells a security for which it is unreasonable any such private action determining liabil- statement or omission alleged to have been to rely on market price to reflect all current ity, an action for contribution must be misleading. If an allegation is made on infor- information may not establish reliance pur- brought not later than 6 months after the mation and belief, the complaint shall set suant to paragraph (2). For purposes of para- entry of a final, nonappealable judgment in forth with specificity all information on graph (2), the following factors shall be con- the action. which that belief is formed. sidered in determining whether it was rea- ‘‘(h) DEFENDANT’S RIGHT TO WRITTEN IN- ‘‘(c) DISMISSAL FOR FAILURE TO MEET sonable for a party to expect the market TERROGATORIES ESTABLISHING SCIENTER.—In PLEADING REQUIREMENTS; STAY OF DISCOV- price of the security to reflect substantially any private action under this title in which ERY; SUMMARY JUDGMENT.—In any private all publicly available information regarding the plaintiff may recover money damages, action to which subsection (a) applies, the the issuer of the security: the court shall, when requested by a defend- court shall, on the motion of any defendant, ‘‘(A) The weekly trading volume of any ant, submit to the jury a written interrog- dismiss the complaint if the requirements of class of securities of the issuer of the secu- atory on the issue of each such defendant’s subsection (b) are not met, except that the rity. state of mind at the time the alleged viola- court may, in its discretion, permit a single ‘‘(B) The existence of public reports by se- tion occurred.’’. amended complaint to be filed. During the curities analysts concerning any class of se- (b) PROHIBITION OF REFERRAL FEES THAT pendency of any such motion to dismiss, all curities of the issuer of the security. FOMENT LITIGATION.—Section 15(c) of the Se- discovery and other proceedings shall be ‘‘(C) The eligibility of the issuer of the se- curities Exchange Act of 1934 (15 U.S.C. stayed unless the court finds upon the mo- curity, under the rules and regulations of the 78o(c)) is amended by adding at the end the tion of any party that particularized discov- Commission, to incorporate by reference its following new paragraph: ery is necessary to preserve evidence or to reports made pursuant to section 13 of this ‘‘(8) RECEIPT OF REFERRAL FEES.—No prevent undue prejudice to that party. If a title in a registration statement filed under broker or dealer, or person associated with a complaint satisfies the requirements of sub- the Securities Act of 1933 in connection with broker or dealer, may solicit or accept remu- section (b), the plaintiff shall be entitled to the sale of equity securities. H 2770 CONGRESSIONAL RECORD — HOUSE March 7, 1995 ‘‘(D) A history of immediate movement of at which the plaintiff sold the security after During consideration of the bill for the price of any class of securities of the is- dissemination of information correcting the amendment, the Chairman of the Com- suer of the security caused by the public dis- fraudulent statement.’’. mittee of the Whole may accord prior- semination of information regarding unex- SEC. 5. ESTABLISHMENT OF ‘‘SAFE HARBOR’’ FOR pected corporate events or financial releases. ity in recognition to a Member who has PREDICTIVE STATEMENTS. caused an amendment to be printed in In no event shall it be considered reasonable The Securities Exchange Act of 1934 (15 for a party to expect the market price of the U.S.C. 78a et seq.) is amended by adding at the designated place in the CONGRES- security to reflect substantially all publicly the end the following new section: SIONAL RECORD. Those amendments available information regarding the issuer of ‘‘SEC. 37. APPLICATION OF SAFE HARBOR FOR will be considered read. the security unless the issuer of the security FORWARD-LOOKING STATEMENTS. Are there any amendments to the has a class of securities listed and registered ‘‘(a) SAFE HARBOR DEFINED.—In any action bill? on a national securities exchange or quoted arising under this title based on a fraudulent AMENDMENT OFFERED BY MR. COX OF on the automated quotation system of a na- statement (within the meaning of section CALIFORNIA tional securities association. 10A), a person shall not be liable for the pub- Mr. COX of California. Mr. Chairman, ‘‘(e) ALLOCATION OF LIABILITY.— lication of any projection if— ‘‘(1) JOINT AND SEVERAL LIABILITY FOR ‘‘(1) the basis for such projection is briefly I offer an amendment. KNOWING FRAUD.—A defendant who is found described therein, with citations (which may The CHAIRMAN. The Clerk will des- liable for damages in a private action to be general) to representative sources or au- ignate the amendment. which subsection (a) applies may be liable thority, and a disclaimer is made to alert The text of the amendment is as fol- jointly and severally only if the trier of fact persons for whom such information is in- lows: specifically determines that the defendant tended that the projections should not be Amendment offered by Mr. COX of Califor- acted knowingly (as defined in subsection given any more weight than the described (a)(3)). nia: Page 28, after line 2, insert the following basis therefor would reasonably justify; and new section (and redesignate the succeeding ‘‘(2) PROPORTIONATE LIABILITY FOR RECK- ‘‘(2) the basis for such projection is not in- LESSNESS.—If the trier of fact does not make sections and conform the table of contents accurate as of the date of publication, deter- accordingly): the findings required by paragraph (1) for mined without benefit of subsequently avail- SEC. 6. AMENDMENT TO RACKETEER INFLU- joint and several liability, a defendant’s li- able information or information not known ability in a private action to which sub- ENCED AND CORRUPT ORGANIZA- to such person at such date. section (a) applies shall be determined under TIONS ACT. ‘‘(b) AUTOMATIC PROTECTIVE ORDER STAY- paragraph (3) of this subsection only if the Section 1964(c) of title 18, United States ING DISCOVERY; EXPEDITED PROCEDURE.—In trier of fact specifically determines that the Code, is amended by inserting ‘‘, except that any action arising under this title based on defendant acted recklessly (as defined in sub- no person may bring an action under this a fraudulent statement (within the meaning section (a)(4)). provision if the racketeering activity, as de- of section 10A) by any person, such person ‘‘(3) DETERMINATION OF PROPORTIONATE LI- fined in section 1961(1)(D), involves conduct may, at any time beginning after the filing ABILITY.—If the trier of fact makes the find- actionable as fraud in the purchase or sale of of the complaint and ending 10 days after the ings required by paragraph (2), the defend- securities’’ before the period. filing of such person’s answer to the com- ant’s liability shall be determined as follows: plaint, move to obtain an automatic protec- Mr. COX of California. Mr. Chairman, ‘‘(A) The trier of fact shall determine the I offer an amendment that would pre- percentage of responsibility of the plaintiff, tive order under the safe harbor procedures of each of the defendants, and of each of the of this section. Upon such motion, the pro- vent plaintiffs’ attorneys from bringing other persons or entities alleged by the par- tective order shall issue forthwith to stay all actions alleging securities law viola- ties to have caused or contributed to the discovery as to the moving party, except tions under the Racketeer Influence harm alleged by the plaintiff. In determining that which is directed to the specific issue of and Corrupt Organizations Act which the percentages of responsibility, the trier of the applicability of the safe harbor. A hear- we know as RICO. ing on the applicability of the safe harbor fact shall consider both the nature of the Today we are fulfilling our Contract conduct of each person and the nature and shall be conducted within 45 days of the issu- ance of such protective order. At the conclu- With America by curbing frivolous se- extent of the causal relationship between curities litigation. For many years now that conduct and the damage claimed by the sion of the hearing, the court shall either (1) plaintiff. dismiss the portion of the action based upon shrewd plaintiffs’ attorneys have been ‘‘(B) For each defendant, the trier of fact the use of a projection to which the safe har- using RICO to evade the requirements shall then multiply the defendant’s percent- bor applies, or (2) determine that the safe that Congress has established in the age of responsibility by the total amount of harbor is unavailable in the circumstances. Federal securities laws. Supreme Court damage suffered by the plaintiff that was ‘‘(c) REGULATORY AUTHORITY.—In consulta- Justice Thurgood Marshall called our tion with investors and issuers of securities, caused in whole or in part by that defendant attention to this problem as far back and the court shall enter a verdict or judg- the Commission shall adopt rules and regula- tions to facilitate the safe harbor provisions as 1985 when he explained that the civil ment against the defendant in that amount. RICO statute, quote, ‘‘virtually elimi- No defendant whose liability is determined of this section. Such rules and regulations under this subsection shall be jointly liable shall— nates decades of legislative and judi- on any judgment entered against any other ‘‘(1) include clear and objective guidance cial development of private civil rem- party to the action. that the Commission finds sufficient for the edies under the Federal securities ‘‘(C) Except where contractual relationship protection of investors, laws.’’ Today’s amendment seeks only permits, no defendant whose liability is de- ‘‘(2) prescribe such guidance with sufficient to reform RICO in the area of securi- particularity that compliance shall be read- termined under this paragraph shall have a ties legislation, but I should point out right to recover any portion of the judgment ily ascertainable by issuers prior to issuance of securities, and that this House under its previous con- entered against such defendant from another trol by today’s minority, the Demo- defendant. ‘‘(3) provide that projections that are in ‘‘(4) EFFECT OF PROVISION.—This subsection compliance with such guidance and that con- crats, have previously passed wholesale relates only to the allocation of damages cern the future economic performance of an RICO reform by an overwhelming mar- among defendants. Nothing in this sub- issuer of securities registered under section gin. This reform measure, authored by section shall affect the standards for liabil- 12 of this title will be deemed not to be in the gentleman from Virginia [Mr. BOU- violation of section 10(b) of this title.’’. ity under any private action arising under CHER] and the gentleman from Florida this title. SEC. 6. RULE OF CONSTRUCTION. [Mr. MCCOLLUM], now the chairman of ‘‘(f) DAMAGES.—In any private action to Nothing in the amendments made by this the Judiciary Subcommittee on Crime, Act shall be deemed to create or ratify any which subsection (a) applies, and in which enjoyed overwhelming bipartisan sup- the plaintiff claims to have bought or sold implied private right of action, or to prevent the security based on a reasonable belief the Commission by rule from restricting or port. My amendment is fully consistent that the market value of the security re- otherwise regulating private actions under with this effort, if more limited. flected all publicly available information, the Securities Exchange Act of 1934. The provision originally in the Con- the plaintiff’s damages shall not exceed the SEC. 7. EFFECTIVE DATE. tract With America that addressed the lesser of— This Act and the amendments made by problem of civil RICO actions in the se- ‘‘(1) the difference between the price paid this Act are effective on the date of enact- curities area, as I explained in my col- by the plaintiff for the security and the mar- ment of this Act and shall apply to cases loquy a moment ago with the gen- ket value of the security immediately after commenced after such date of enactment. tleman from Michigan, was omitted dissemination to the market of information which corrects the fraudulent statement; The CHAIRMAN. The bill will be con- from the bill as reported out of com- and sidered for amendment under the 5- mittee inadvertently. It was not op- ‘‘(2) the difference between the price paid minute rule for a period not to exceed posed in committee. If we do not by the plaintiff for the security and the price 8 hours. reinsert this provision by adopting my March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2771 amendment, we will fail to address a kind of civil RICO reform that is nec- reforms that we are seeking to achieve significant number of frivolous actions essary. He recently wrote a letter to today enterprising lawyers will have based on alleged securities law viola- our Committee on Commerce chair- the continuing ability to extort settle- tions, but brought under the RICO stat- man, the gentleman from Virginia [Mr. ments from innocent defendants based ute. When Congress enacted RICO back BLILEY], stating that the SEC fully on claims that will allow them no in 1970, we intended that it be used as supports this provision that I am offer- chance of recovery under the reforms a weapon against organized criminals, ing today. that we have today. Lest we have any not as a weapon against ordinary in- The reason this area is one of such doubt about the ability of plaintiffs’ vestors and the business community. wide-ranging consensus is because al- attorneys to leverage settlements from The problem posed by the widespread most everyone who studied the issue defendants under civil RICO, we need use of civil RICO is one recognized by recognizes that the civil RICO statute only listen again to Justice Thurgood legal experts across the spectrum. In has been abused in securities fraud leg- Marshall who explained that, quote, the Supreme Court case from which I islation to distort the incentives and Many a prudent defendant, facing ruinous just quoted, in 1985 Justice Marshall, remedies that the Federal securities exposure, will decide to settle a case even along with Justice Powell, was in the laws are supposed to provide. They with no merit. It is, thus, not surprising that dissent but the majority who said that have done this by taking advantage of civil RICO has been used for extortive pur- the law needs to be changed still a loophole in RICO that has permitted poses, giving rise to the very evils it was de- agreed that the abuse of RICO is very inclusion of securities laws violations signed to combat. real. as a predicate act for which the defend- Mr. Chairman, unless we adopt my Let me quote from the majority opin- ant may be tagged as a racketeer and amendment, a plaintiff’s attorney al- ion: held liable for treble damages and at- leging a single violation of the securi- torney fees. In its private civil version RICO is evolving ties laws will be able to bring an action into something quite different from the Additionally, because many claims under civil RICO and leverage a hefty original conception of its enactors; in other that could be asserted as securities settlement from an innocent victim. words, Congress. The extraordinary uses to laws claims can also be characterized Because an element of RICO is a pat- which civil RICO has been put appear to be as mail or wire fraud—— tern, plaintiffs would have the latitude primarily the result of the failure of Con- The CHAIRMAN. The time of the to conduct discovery of records dating gress. gentleman from California [Mr. COX] as far back as 10 years. Discovery costs That from the majority of the Su- has expired. like that run up a tab of millions of preme Court, so the majority and the (By unanimous consent, Mr. COX of dollars. Often, faced with the cost of California was allowed to proceed for 5 minority of the Supreme Court agreed these multimillion-dollar discovery additional minutes.) that RICO is being abused by its appli- fees, the prospect of being labeled a Mr. COX of California. Because many cation in the securities area. racketeer and the prospect of being claims that could be asserted as securi- Plaintiffs’ attorneys’ inappropriate held liable for treble damages and at- ties laws claims can also be character- and abusive use of RICO has also been torney fees, defendants, as Thurgood ized as mail or wire fraud, and because recognized by the current White House Marshall has said, are forced to settle counsel, Abner Mikva. While still a mail and wire fraud are also predicates for civil RICO liability, Plaintiffs’ at- meritless cases brought under RICO. judge for the U.S. Circuit Court of Ap- Mr. Chairman, our economy’s health peals for the District of Columbia, Mr. torneys have a devastating, potent, and readily available alternative for bring- depends on the efficient operation of Mikva detailed his observations of America’s capital markets. We must RICO abuse when testifying before the ing actions under RICO instead of continue to balance the provisions of House Committee on Criminal Justice under our securities laws. As the SEC adequate remedies for injured investors in 1985. Mr. Mikva, of course, has been general counsel stated in his 1989 testi- and the imposition of excessive pen- a Member of Congress in 1970, and he mony before the House Committee on alties on all participants in our capital had warned back then that RICO might the Judiciary, and I quote now, markets. The treble damage blun- be stretched and abused in a way. Here The commission is concerned that the civil derbuss of RICO undermines this bal- is his testimony in 1985 before the liability provisions of RICO can, in many ance and imposes exorbitant litigation House Subcommittee on Criminal Jus- cases, convert private securities law fraud claims into RICO claims. Successful plain- costs, impedes the raising of capital, tice: tiffs in such cases are entitled to treble dam- and I stand amazed to realize that my hyper- ages, despite the express limitations on re- Mr BRYANT of Texas. Mr. Chairman, bolic horrible examples of how far the law covery under the securities laws to actual will the gentleman yield? would reach pale into insignificance when damages. Private plaintiffs may be able to compared to what actually has happened. bypass the carefully crafted liability provi- Mr. COX of California. I yield to the What started out as a small cottage industry sions of the securities laws and thereby re- gentleman from Texas. for Federal prosecutors has become a com- cover damages in cases in which Congress or Mr. BRYANT of Texas. Mr. Chair- monplace weapon in the civil litigation arse- the courts have determined that no recovery man, I just took note of the fact that nal. should be available. the gentleman said a moment ago that Most significantly, those that have Congress initially passed securities for some kind of a loophole in the RICO the responsibility of regulating our se- laws in order to impose a uniform sys- statute that allows people to sue secu- curities markets support my amend- tem of duties and liabilities upon the rities dealers who they believe are ment. For the past 10 years the chair- securities industry and to protect in- guilty of a pattern of fraudulent activ- man of the Securities and Exchange vestors. Each time we have acted to ity, but I am looking here at the lan- Commission, the SEC, have all sup- amend the securities laws we have bal- guage from the statute: 18 U.S.C. says ported civil RICO reform. Beginning in anced the need to provide the maxi- that actually racketeering; that is, 1985, former SEC Chairman John Shad mum amount of consumer protection predicate action with the RICO statue, testified before Congress in support of against the need to maintain fluid, sta- include, quote, any fees involving fraud legislation to amend RICO in this way. ble and reliable markets. Today we are and the sales of securities. I ask, ‘‘In In 1986, Mr. Chairman, the SEC even seeking to enact litigation reforms be- view of that, how can you describe this submitted draft legislation for civil cause we have identified significant as a loophole?’’ RICO reform. In 1989, the SEC General problems and abuses in the current sys- Mr. COX of California. As I men- Counsel, Dan Goelzer, testified before tem that are hurting investors, con- tioned, the Supreme Court, all of the Congress in favor of this civil RICO re- sumers, and the Nation as a whole. Justices, both in the majority and mi- form, and today the SEC continues to Mr. Chairman, the failure to adopt nority of this RICO case, viewed this as support civil RICO reform. this amendment would undermine the an area where congressional action is In testimony before our committee, reforms we are hoping to achieve be- richly needed because RICO, although Mr. Chairman, the chairman of the cause attorneys could then do an end technically being exploited within the SEC, Arthur Levitt, stated that H.R. run around all of the reform by simply letter of the law, was never intended to 10, as originally drafted, contained the using the RICO statute. In evading the apply to securities cases. H 2772 CONGRESSIONAL RECORD — HOUSE March 7, 1995 Mr. BRYANT of Texas. Well, I just laws.'' Sedima, S.P.R.I. v. Imrex Company, mitted draft legislation to Congress that would read the statute to the gentleman Inc., 105 S.Ct. 3292, 3294 (1985) (dissenting). have significantly limited civil RICO claims which specifically related to—— Indeed, while today's amendment seeks only based on alleged securities law violations. In Mr. COX of California. Well, reclaim- to reform RICO in the area of securities litiga- 1989, SEC General Counsel Dan Goelzer tes- ing my time—— tion, the HouseÐDemocrats in controlÐhas tified before Congress in favor of civil RICO Mr. BRYANT of Texas. Fraud and the previously passed wholesale RICO reform by reform. And today, the SEC continues to sup- sale of securities—— an overwhelming margin. This reform meas- port civil RICO reform. In a recent letter to Mr. COX of California. So I can fully ure, authored by the gentlemen from Virginia Commerce Committee Chairman BLILEY, SEC and adequately respond to the gen- [Mr. BOUCHER] and Mr. MCCOLLUM, the chair- Chairman Arthur Levitt stated that the SEC tleman—— man of the Judiciary Subcommittee on Crime, fully supports this provision I am offering The CHAIRMAN. The time of the enjoyed overwhelming bipartisan support. My today. gentleman from California [Mr. COX] amendment, I believe is fully consistent with The reason why this is one area where has expired. this effort. there is such wide-ranging consensus is be- (By unanimous consent, Mr. COX of This provision originally in the Contract With cause almost everyone who has studied this California was allowed to proceed for 1 America that addressed the problem of civil issue recognizes that plaintiffs' attorneys have additional minute.) RICO actions in the securities area (H.R. 10, used the civil RICO statute to distort the in- Mr. COX of California. The SEC Title I § 107) was omitted from the bills re- centives and remedies that the federal securi- chairman came and testified before our ported out of committee. If we do not reinsert ties laws provide. They have done this by tak- Committee on Commerce, and here is this provision by adopting my amendment, we ing advantage of a loophole in RICO that has what he said. It is very brief, and I will will fail to address a significant number of friv- permitted inclusion of securities law violations just share it with the gentleman: olous actions based on alleged securities law as a predicate act for which a defendant may For many years the Commission has violations, but brought under the RICO statute. be tagged as a racketeer and held liable for supported legislation to eliminate the When we enacted RICO back in 1970, we in- treble damages and attorneys' fees. Addition- overlap between the private remedies tended that it be used as a weapon against under RICO and under the Federal se- ally, because many claims that could be as- organized criminals, not as a weapon against serted as securities law claims can also be curities laws. The securities laws gen- ordinary investors and the business commu- erally provide adequate remedies for characterized as mail or wire fraud, and be- nity. cause mail and wire fraud are also predicates those injured by security fraud. It is The problem posed by the widespread use both unnecessary and unfair to expose for civil RICO liability, plaintiffs' attorneys have of civil RICO is one recognized by legal ex- a devastating potent and readily available al- defendants in securities cases to the perts across the spectrum. In addition to Jus- threat of treble damages and other ex- ternative for bringing actions under RICO rath- tice Marshall, Chief Justice Rehnquist has ob- er than under our securities laws. As SEC traordinary remedies provided by served: RICO. General Counsel Goelzer stated in 1989 testi- Virtually everyone who has addressed the mony before the House Judiciary Committee: Mr. BRYANT of Texas. Mr. Chair- question agrees that civil RICO is now being man, would the gentleman yield fur- used in ways that Congress never intended The Commission is concerned, however, ther? when it enacted the statute in 1970. Most of that the civil liability provisions of RICO Mr. COX of California. This is accord- the civil suits filed under the statute have can in many cases convert private securities ing to the Clinton appointment to head nothing to do with organized crime. law fraud claims into RICO claims. Success- ful plaintiffs in such cases are entitled to up the Securities and Exchange Com- (Rehnquist, Reforming Diversity Jurisdiction treble damages, despite the express limita- mission. and Civil RICO, St. Mary's L.J. 5, 9 (1989) tions on recovery under the securities laws Mr. BRYANT of Texas. If the gen- (originally presented at the Brookings Institu- to actual damages. Private plaintiffs may be tleman would yield further just to tion's Eleventh Seminar on the Administration able to bypass the carefully crafted liability point out the gentleman said it was a of Justice, April 7, 1989). Plaintiffs' attorneys' provisions of the securities laws, and thereby loophole, and I read to the gentleman inappropriate and abusive use of RICO has recover damages in cases in which Congress the law indicating it is not a loophole. also been recognized by current White House or the courts have determined that no recov- Now the gentleman is reading to me ery should be available under those laws. As Counsel Abner Mikva. While still a judge for a result, civil RICO places increased and un- testimony, or something, from the the U.S. Circuit Court of Appeals for the Dis- SEC, but we never had hearings on the warranted financial burdens on commercial trict of Columbia, Mr. Mikva detailed his obser- defendants, including securities industry de- issue of RICO in the committee that vations of RICO abuse when testifying before fendants. the gentleman and I are members of. the House Subcommittee on Criminal Justice Congress initially passed securities laws in We never had any hearings—— in 1985. While a Member of Congress in Mr. COX of California. Reclaiming order to impose a uniform system of duties 1970, Mr. Mikva had warned his colleagues and liabilities upon the securities industry, and my time, we did, of course, have hear- about RICO's overbreadth. In 1985, in testify- ings on this testimony that was given to protect investors. Each time that we have ing before the House Subcommittee on Crimi- amended the securities laws, we have bal- at that hearing—— nal Justice, he noted the following about his Mr. BRYANT of Texas. There were no anced the need to provide the maximum comparison of his initial thoughts on RICO amount of consumer protection possible hearings on RICO—— back in 1970 with the subsequent reality: Mr. COX of California. The SEC. against the need to maintain fluid, stable, and I stand amazed * * * to realize that my hy- reliable markets. Today, we are seeking to Mr. BRYANT of Texas. The gen- perbolic horrible examples of how far the law tleman will have to acknowledge we would reach pale into insignificance when enact litigation reforms because we have iden- had no hearings on RICO. compared to what has actually happened tified significant problems and abuses in the Mr. COX of California. Mr. Chairman, ** * What started out as a small cottage in- current system that are hurting investors, con- I think my 60 seconds have expired. dustry for federal prosecutors has become a sumers, and the nation as a whole. We are Mr. Chairman, I offer an amendment that commonplace weapon in the civil litigation seeking to enact changes to our federal secu- would prevent plaintiffs' attorneys from bring- arsenal. rities laws in those areas where we have iden- ing actions alleging securities law violations As we learned yesterday, Mr. Mikva and the tified reforms are needed. We are seeking a under the Racketeer Influenced and Corrupt Administration have a number of problems losers pay provision to punish plaintiffs for Organizations Act [RICO]. Today we are fulfill- with the legislation before us today. However, bringing frivolous actions. In addition, we are ing our Contract With America by curbing friv- as observed above, my amendment is one seeking a limitation on joint and several liabil- olous securities litigation. For many years provision upon which we all agree. ity to restore fairness to the federal securities now, shrewd plaintiffs' attorneys have been Also, most significantly, those that have the laws. The failure to adopt my amendment using RICO to evade the requirements we responsibility of regulating our securities mar- would undermine the reforms we are hoping to have established in the Federal securities kets similarly support my amendment. For the achieve today without any award, unscrupu- laws. Supreme Court Justice Thurgood Mar- past 10 years, the Chairmen of the Securities lous attorneys could do an end run around the shall called our attention to this problem as far and Exchange Commission [SEC] have all reforms by using the RICO statute. Through back as 1985 when he explained that the civil supported civil RICO reform. Beginning in the use of civil RICO, plaintiffs will be able to RICO statute ``virtually eliminates decades of 1985, former SEC Chairman John Shad testi- initiate law suits based on alleged securities legislative and judicial development of private fied before Congress in support of legislation law violations, and will be entitled to seek tre- civil remedies under the Federal securities to amend RICO. In 1986, the SEC even sub- ble damages and attorneys' fees. March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2773 In evading the reforms we are seeking to (Schacht v. Brown, 711 F2d, 1343, 1361 (7th Cir. modest one. It kept RICO alive in achieve today, enterprising plaintiffs' attorneys 1983)). terms of civil litigation. It was much will have the continuing ability to extort settle- ‘‘[O]ne of the proliferating developments in more carefully crafted than a blanket civil litigation has been the use of RICO ments from innocent defendants based on * * * in civil claims, in routine commercial exemption from RICO in all securities claims that would allow them no chance of re- disputes, including those arising under the cases. covery under the reforms before us today. federal securities laws. I think that the pro- What we are saying is that all of the Lest we have any doubt about the ability of liferation of these claims and the use of a major fraud cases in which RICO bust- plaintiffs' attorneys to leverage settlements law that was designed to eliminate organized ed people who were bilking millions of from defendants under civil RICO, we need crime is a very bad influence on the commer- cial community.’’—U.S. District Court Judge dollars, sometimes billions of dollars, only listen again to Justice Marshall, who ex- is now going to be thrown in the trash plained that ``[m]any a prudent defendant, fac- Milton Pollack of the Southern District of New York. heap, and we will not need it anymore. ing ruinous exposure, will decide to settle ‘‘McCarthy, though armed with substantial That is why those who want to pre- even a case with no merit. It is thus not sur- damage claims, with a requested ad damnum serve RICO includes the Association of prising that civil RICO has been used for ex- of $312,220 in compensatory and $1 million in Attorneys General, the National Asso- tortive purposes, giving rise to the very evils it punitive damages, obviously cannot resist was designed to combat.'' Sedima, 105 S.Ct. the treble damages and attorneys’ fees lure ciation of Insurance Commissioners, at 3295. Unless we adopt my amendment, a of RICO.’’—Judge Shadur, U.S. District the U.S. Conference of Mayors, the plaintiff's attorney, alleging a single violation of Court for the Northern District of Illinois North American Securities Adminis- the securities laws, will be able to bring an ac- (McCarthy Cattle Co. v. Paine Webber, Inc., tration associations. It is very clear 1985 WL 631 (N.D. Ill., April 11, 1985). tion under civil RICO and leverage a hefty set- that public prosecutors and regulators ‘‘[The plaintiff’s complaint] demonstrates are aghast at the Cox amendment and tlement from an innocent victim. Because an at least two facts of life in an urban district element of a RICO action is a ``pattern,'' plain- court in a litigation-prone society: * * * the implications of what it has in store tiffs have the latitude to conduct discovery of RICO’s lure of treble damages and attorneys’ in us trying to police this very tricky, records dating back 10 years or more. Such fees draws litigants and lawyers * * * like complex area of money crimes that is discovery costs defendants millions of dollars. lemmings to the sea.’’—Judge Shadur (Wolin now still as much a problem has it has Often, faced with the cost of these multi-mil- v. Hanley Dawson Cadillac, Inc., 636 F. Supp. always been. 890, 891 (N.D. Ill. 1986). lion dollar discovery fees, and the prospect of Civil RICO, with their treble dam- being labeled a racketeer, and being held lia- Mr. CONYERS. Mr. Chairman, I rise ages, which frequently are used for ble for treble damages and attorneys' fees, in opposition to the amendment offered great leverage purposes, can recover defendants are forced to settle meritless by the gentleman from California [Mr. money which pay attorney fees and are cases. COX]. a vital remedy that should not be di- Our economy's health depends on the effi- Mr. Chairman and members of the minished in any way. RICO is critical cient operation of its country's capital markets. committee, this amendment, we must in the fight against savings and loan We must continue to balance the provision of never forget, has arrived here by ex- fraud, bank and insurance and finan- adequate remedies for injured investors and traordinary means. It was accidentally, cial crimes. Using civil RICO, the vic- the imposition of excessive penalties on all like when you sweep up trash at night tims of white collar crime can sue in the Committee on the Judiciary. participants in our capital markets. The treble these malfeasors for triple their losses, This little slip of paper called RICO fell damage blunderbuss of RICO undermines this and it is frequently the only effective to the ground in a corner. Nobody no- balance and imposes exorbitant litigation means for victims. costs, impedes the raising of capital and ulti- ticed it, and, therefore, we have a whole securities bill that went to the Do not throw the baby out with the mately puts these costs on the shoulders of Committee on Rules, was dealt with, bath water. There has never been a consumers and emerging innovative compa- and then the Committee on Rules came minute’s hearing in any of the commit- nies. back again and said, ‘‘Oh, we over- tees of jurisdiction, certainly not Judi- Mr. Chairman, at this point I would like to looked civil RICO, and we have an ciary, and I really must say that this is read several comments from judges across amendment, not to modify it as applies the most outrageous proposal in terms the country who have commented on the to securities, which has been the main of securities regulation that I have abuses prevalent in civil RICO litigation. If use of civil RICO in securities ever ever heard. Vote down the Cox amend- there is one message we should extract from since RICO was started. We said we will ment. these opinions, it is that we must reform RICO not pare it down, we will not deal with Mr. MCCOLLUM. Mr. Chairman, I to prevent plaintiffs' attorneys from bringing the other amendments that have al- move to strike the requisite number of actions more appropriately brought under our ways applied to RICO before in the words. securities laws. Committee on the Judiciary without so (Mr. MCCOLLUM asked and was ‘‘It is true that private civil actions under much as mentioning this name RICO. given permission to revise and extend the statute are being brought almost solely We now have a measure in one sentence against such defendants [respected and le- his remarks.) gitimate businesses], rather than against the that will remove it from all securities Mr. MCCOLLUM. Mr. Chairman. I archetypal, intimidating mobster. Yet this legislation from this point on. rise in support of the amendment of- defect—if defect it is—is inherent in the stat- b 1745 fered by the gentleman from Califor- ute as written, and its correction must lie nia. In the last several Congresses the with Congress.’’ The Supreme Court, Sedima, Are you aware of the magnitude of subject of RICO reform and, in particu- 105 S. Ct. at 3286–87. what it is we are proposing to do here lar, the use of the RICO statute in civil ‘‘I have a feeling about RICO in the civil as the first amendment to this legisla- business disputes, has received signifi- world * * * as being the most conspicuous tion on the floor? We are now saying cant attention. Hearings have been case I know of legislation requiring Congres- that the fact that RICO was used in all held; bills have been introduced; but in sional attention to revision.’’—Former U.S. of the major fraud cases, that we have District Court Judge Simon Rifkind of the now reached the point on the basis of a the end, nothing has happened. A law Southern District of New York. that was originally intended to strike a ‘‘An imaginative plaintiff could take vir- Supreme court case that goes back 10 years to say that now RICO is so major blow to organized crime and tually any illegal occurrence and point to racketeering, has continued to be used acts preparatory to the occurrence, usually abused we must now get rid of it. the use of the telephone or mails, as meeting Remember, the last time I saw an as a hammer in routine civil cases. the requirement of pattern.’’—U.S. Circuit idea about RICO was when the former Today, we take a step toward mean- Court of Appeals for the 5th Circuit Judges gentleman from New Jersey [Mr. ingful civil RICO reform. This amend- Higginbotham, Politz, and Jolly (Montesano HUGHES] developed a gatekeeper con- ment will end inappropriate use of the v. Seafirst Commercial Corp., 818 F.2d 423, 424 cept, in which we would filter through civil RICO statute in an area of the law (5th Cir. 1987)). where it has been most abused—the se- ‘‘Congress * * * may well have created a under a very strict set of principles runaway treble damage bonanza for the al- which cases might make it to a RICO curities law area. Congress never in- ready excessively litigious.’’—Federal Cir- suit. tended for the RICO statute to be used cuit Court of Appeals for the 7th Circuit But now—and I disagreed with that. as the principal means of litigating dis- Judges Wood, Cummings, and Hoffman But the gatekeeper concept was a very putes over securities transactions. The H 2774 CONGRESSIONAL RECORD — HOUSE March 7, 1995 securities laws themselves provide ag- (Mr. DINGELL asked and was given quate opportunity for amendments to grieved buyers and sellers with private permission to revise and extend his re- be offered. The legislation is controlled causes of action so that they may seek marks.) by the Committee on Rules, which has compensation for their losses. The in- Mr. DINGELL. Mr. Chairman, I rise said we will add RICO, which is not creases in the use of the racketeering in opposition to the amendment. germane to the bill, and which is not statue for this purpose, however, has Mr. Chairman, this is a most extraor- even in the Committee on Energy and produced consequences that Congress dinary day. When we considered the Commerce. never intended. The threat of RICO bill in the committee, this is the head- We are amending a statute which is sanctions has had a chilling effect on line we got in the Wall Street Journal, not even under the jurisdiction of the entrepreneurship and ultimately eco- a well-known bastion of left wing lib- Committee on Energy and Commerce, nomic growth. eralism and excessive regulation said and we are amending it without ever Mr. Chairman, the civil RICO statute this: ‘‘Fraud Shields for Companies having a word of hearings or a bit of is tough, and it should be. The stat- Gain in House.’’ evidence or testimony taken on the ute’s provision for treble damaged and I do not know whether we ought to subject. Why is RICO taken up now attorneys fees awards were designed to amend RICO or not. There is not one when it could be addressed in another help private citizens strike back scintilla of evidence in the record of committee in proper fashion after ap- against criminal enterprises and other the Committee on Commerce whether propriate hearings? I have no expla- corrupt organizations. But they were we should or we should not. And there nation. Perhaps the gentleman from never intended to be used as a means to is nothing there which says that we California who offers the amendment litigate disputes between parties to ought to take away the right of a per- has, but I seriously doubt if he does or bona fide securities transactions. son to sue civilly under RICO where will. The amendment offered by the gen- there is interstate trafficking in stolen Many Americans had hoped that the tleman from California will begin the securities. RICO had securities viola- Contract on America would be an en- process of restoring the civil RICO tions as the subject of civil suits from gine for progress by making needed and statute to the uses that Congress in- the very first day that it was enacted targeted reforms. This amendment is tended. This amendment will put an into law. just another demonstration that the immediate stop to one of the greatest Now, we have a market which is the contract instead has become a gravy most trusted in the world. It is for two train for any special interest with abuses of the civil RICO statute. reasons: One, because we have good en- enough money and resources that they It must be noted, however, Mr. Chair- forcement at the SEC. The other is be- can get aboard and go where they want man, that adopting this amendment cause we have an extraordinarily good to go at the expense of the ordinary will not remedy all of the problems system of private enforcement, en- American. with the way the civil RICO statute is forcement by private citizens suing Mr. FIELDS of Texas. Mr. Chairman, being misused. As Chairman of the wrongdoers to collect for wrongdoing. I move to strike the requisite number Subcommittee on Crime, where juris- And millions and millions of dollars of words. diction over this issue resides, I intend are collected for this reason. (Mr. FIELDS of Texas asked and was to introduce RICO reform. It is my My colleagues never saw this lan- given permission to revise and extend hope that the subcommittee will bring guage in the committee. We never his remarks.) forward legislation to help ensure that knew it was coming until late last Mr. COX of California. Mr. Chairman, the RICO statutes are used in the man- night, when the Committee on Rules will the gentleman yield? ner that Congress originally intended. decided that something should be done Mr. FIELDS of Texas. I yield to the In the interim, however, this amend- about this matter. No discussion was gentleman from California. ment will stop some of the most egre- offered in the committee. The author Mr. COX of California. Mr. Chairman, gious abuses of the civil RICO statute. of the legislation had nothing to say on I would just point out, we just saw an This amendment is an important first this subject. No one on the Republican exhibit on the floor and, as is so often step in the RICO reform process. I urge side had anything to say about the the case when one reads the headlines, my colleagues to support it. need to address the wrongdoing under you miss the story. In the fine print Mr. Chairman, I also want to com- RICO. the gentleman from Michigan forgot to mend the gentleman from Virginia It is interesting to note that in Rus- tell us the last sentence of that hap- [Mr. BOUCHER] for his work on the sia they are now saying, and this is pens to be a concise statement of the other side of the aisle in trying to get what the chairman of the Russian Se- purpose of the bill. It says, ‘‘The pur- civil RICO reform over the past ses- curities Fund had to say, ‘‘Each scan- pose of the bill,’’ and this was actually sions of Congress. Many hearings were dal chips away at investors’ trust, and on what he presented to us, but you held in this past decade. Where there trust is the only thing we can rely on could not read it, only the headline, might not have been one this session of to get more business.’’ ‘‘The purpose of this bill remains to re- Congress, we have certainly had plenty I have told the securities industry duce litigation to cut down on fraud on the subject in the past. time after time, people think that the committed by unscrupulous lawyers The truth of the matter is the House securities industry and the markets in and professional plaintiffs.’’ once even passed a reform of RICO that this country run on money. They do Mr. FIELDS of Texas. Mr. Chairman, did not go through the Senate, which not. They run on public confidence. reclaiming my time, today we are would have required a prior criminal And if there is public confidence, then seeking to enact fundamental reforms conviction before you could get civil everyone will make lots of money. of the manner in which securities ac- RICO. I dare say, to allay the gen- What we are doing here is sneaking out tions are litigated. In order to ensure tleman from Michigan’s concerns, of the Committee on Rules a proposal that our reforms are comprehensive, there are plenty of remedies for those to repeal RICO, and it is not going to we must make every effort to identify bad apples that commit serious fraud contribute to the trust of the American oversights or omissions in our legisla- out there without going and using the people in the securities market or in tion that could potentially hamper the civil RICO statute for the kind of abu- the marketplace. effectiveness of H.R. 1058. sive purposes that have been happening The only confidence that is going to Mr. DINGELL. Mr. Chairman, will in the securities area and in many oth- be boosted by this amendment is going the gentleman yield? ers. to be the confidence of rascals and Mr. FIELDS of Texas. I yield to the So I commend the gentleman from scoundrels, who will then be secure in gentleman from Michigan. California for offering the amendment, the knowledge that if they engage in Mr. DINGELL. I was much impressed I urge my colleagues to support it, and theft of resources belonging to others, by the comments of the gentleman I appreciate the time. that they are not going to get sued. from California. The quote that he Mr. DINGELL. Mr. Chairman, I move That is all. gave is an excellent one: ‘‘The purpose to strike the requisite number of This legislation comes to the floor of the bill is to cut down on litigation words. with abbreviated hearings and not ade- and to cut down on fraud committed by March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2775 unscrupulous lawyers and professional Further demonstrating the need to Mr. TAUZIN. Mr. Chairman, I move plaintiffs.’’ And the authority that is enact this amendment is the signifi- to strike the requisite number of quoted in the article is, guess who? The cant number of securities fraud cases words. gentleman from California [Mr. COX]. brought as RICO claims. As early as Mr. Chairman, the whole purpose of Mr. COX of California. Mr. Chairman, 1985, the American Bar Association this debate, the whole purpose of this if the gentleman will yield further, I found that 40 percent of all civil RICO multi-year effort to bring this issue to think that the gentleman from Michi- cases filed in Federal courts were based the floor and eventually hopefully to gan earlier pointed out that the Wall on securities fraud. If we fail to pass pass this bill, is to change the incen- Street Journal usually understands this amendment, we will continue to tives in this system, in this legal sys- where to get their information, and leave this avenue wide open for the tem, to change them in a very positive there is not much question but that plaintiffs’ bar. The failure to amend way, to create an incentive system that is what the bill does, and in par- RICO to exclude issues for conduct that that says, if you find knowing fraud, ticular this amendment will help us to is actionable as a securities law viola- prosecute it. You will have, under achieve that objective. tion would enable plaintiffs’ attorneys knowing fraud, under the examples il- Mr. FIELDS of Texas. Mr. Chairman, to continue to seek treble damages and lustrated by several of my colleagues reclaiming my time, as I was pointing to evade the most important elements on this side, you will have the full re- out, there have been oversights, and of the types of reform we hope to ac- course of 10(b)(5) litigation remedies at this amendment seeks to address an complish. oversight of the drafting. In the cur- We need only compare the provisions your disposal. You will have full joint rent bill we have failed to prescribe of this legislation with those of the and several liability available to you. civil RICO actions based on conduct RICO—— You sue all the parties. They are all 100 that is actionable in fraud and the pur- The CHAIRMAN. The time of the percent responsible. It is up to them to chase or sale of securities. Left uncor- gentleman from Texas [Mr. FIELDS] has figure out who is going to contribute to rected, this omission would seriously expired. each other in a knowing fraud case. undermine our efforts today. (By unanimous consent, Mr. FIELDS It says where there is not knowing The original drafters of H.R. 10 recog- of Texas was allowed to proceed for 3 fraud—and by the way, the original nized this fact and included this iden- additional minutes.) statute we are amending never talked tical provision in title I, section 107. As Mr. FIELDS of Texas. Mr. Chairman, about anything but knowing fraud. a result of sheer error, section 107 was we need only compare the provisions of Courts have invented another standard not included in any of the versions re- this legislation with those of the RICO of violations of the statutes. Courts ported out of committee. By offering statute in order to identify those re- have invented something that they this amendment, the gentleman from forms that plaintiffs’ attorneys will be said was called recklessness, something California [Mr. COX] is seeking to do no able to avoid. H.R. 1058, this legisla- close to knowing. It was so close to more than reinsert this provision back tion, has a losers pay provision. RICO knowing they said that you almost had into the Contract With America. does not. H.R. 1058 preserves a one year to be believed to have known that you Mr. Chairman, it is particularly im- statute of limitation. The RICO statute were committing a fraud or you were portant to note that this amendment of limitations is longer. H.R. 1058 lim- so reckless, you were so in fact in vio- has the support of the U.S. Securities its joint and several liability to know- lation of common standards of what we and Exchange Commission. In provid- ing securities fraud; RICO does not. perceive to be good behavior that you ing the views of the Commission to the The list continues. literally will be presumed to have Committee on Commerce on title II of But the point is clear, unless we known. H.R. 10 on February 23, 1995, this year, eliminate the RICO alternative, our re- In those cases where it is a reckless Chairman Levitt stated the Commis- forms under this legislation will be un- behavior, not a knowing behavior, this sion supports the elimination of civil dermined. statute creates a new liability struc- RICO liability predicated on security The U.S. Supreme Court Justice, ture. It says, in those cases that you law violations. Chief Justice Rehnquist, Justice Mar- identify the persons who were reckless. shall, and the Judicial Conference have b 1800 You identify their percentage liability all recognized the ability of plaintiffs’ or the court does eventually in the The enactment of this legislation attorneys to bring meritless actions judgment, and each is proportionately will provide much needed reform by under RICO and leverage substantial liable for their share of the reckless- helping curb frivolous securities ac- payments for defendants through such ness, as opposed to the joint and sev- tions. This amendment will go a long actions. As Justice Marshall explained eral liability that attaches to knowing way toward guaranteeing meaningful about civil RICO actions in 1985, and I fraud, the guys that intend to harm reform because civil RICO actions are quote: well-recognized vehicles for bringing you and, in fact, do harm you. Many a prudent defendant, facing a ruin- It is the purpose of this statute to frivolous lawsuits. If we do not adopt ous exposure, will decide to settle even a this amendment, plaintiffs’ attorneys case with no merit. It is thus not surprising create these two liabilities for one sim- will be free to evade our reforms by that civil RICO has been used for extortive ple reason: Without a change in the merely bringing securities actions purposes, giving rise to the very evils that it law, as this bill suggests, plaintiffs under RICO, thereby frustrating the ef- was designed to combat. will, plaintiffs’ lawyers will continue forts of this legislation. Mr. Chairman, we enacted civil RICO to file these shakedown lawsuits, scat- We should have no doubt that if we many years ago to provide private citi- tershot everybody connected with the fail to adopt this amendment, plain- zens with a weapon against organized company, everybody associated with it, tiffs’ attorneys will take full advantage crime and racketeering. We did not in- officers, board members, accountants, of our omission. Almost every claim tend RICO to be a supplement to the lawyers, everybody connected with a that a plaintiff alleges as a violation of Federal securities laws. We never in- company, and then sit back and do dis- securities laws may also be pled as a tended to give trial lawyers treble covery and continue the litigation RICO violation. Plaintiffs’ attorneys damages in these types of civil law- until somebody says, wait a minute, we can easily allege both the enterprise suits. have had enough, here is 10 cents on and the pattern elements necessary to Nonetheless, unless we adopt this the dollar. We are out of here. That has turn a securities action into a RICO amendment, plaintiffs’ attorneys will been the practice. claim, because most security law viola- use RICO to evade our efforts of re- If you want to discourage that, you tions are committed in the course of form. need to make this important change in conducting the affairs of a business or I urge all of my colleagues to support the way these kinds of lawsuits are an enterprise. the Cox amendment and follow through brought. Remember we are talking Moreover, virtually all securities with our promise to the American peo- about civil lawsuits. This bill does transactions involve the use of the ple to provide common sense and com- nothing, nothing to change the author- mail or telephone. prehensive legal reform. ity nor the responsibility of the SEC to H 2776 CONGRESSIONAL RECORD — HOUSE March 7, 1995 prosecute claims of fraud under its en- This is a statute that is so poorly loophole in the law. You probably be- forcement authority already guaran- drafted by this body that plaintiffs’ lieve that it is loophole in the law. teed in law and preserved in this stat- lawyers can apply it to everything but Somebody our staff told you that. ute. the kitchen sink. And anybody who has Maybe a lobbyist told you that. What this amendment does, and it is practiced law knows that the way But I read to the gentleman from supported by the SEC, is to say that around an established regime in the California [Mr. COX] just a moment ago plaintiff lawyers who do not like these statutory framework is to file a civil and I will read for the benefit of this reforms, who want to continue bring- RICO suit because then none of the gentleman as well, 18 United States ing these massive lawsuits to shake laws apply. Code which says, ‘‘Any offense involv- people down, will not be able to use the That is why a statute designed to ing fraud in the sale of securities is one civil processes of RICO to do that. apply to racketeering and organized of the predicate acts of racketeering.’’ They are going to use this reform stat- crime in 40 percent of the cases now ap- It has been there in there from the ute. Without this amendment, this re- plies to securities lawsuits. This is a very beginning. It is not a loophole. It form is meaningless. Lawyers can sim- statute that is out of control. If we do has always been in there. Surely the ply continue to do, as some have sug- not exempt this litigation from this gentleman would not wish to mislead gested they will do, and that is use the statute, we will never get this job done. the House. I am not sure he did not in- treble damage approach of the RICO Mr. Chairman, we are trying to re- tend to. We have all made mistakes. statute to avoid the reforms of this leg- form the securities laws. Reform is des- The fact is, when you do not have islation and, therefore, continue to perately needed. I think almost all of any hearings on a proposal, when it has wreak havoc upon a legal system that us acknowledge that. But if we do not not been seen by anybody until the is creating some awful problems for us eliminate RICO, we are not going to night before the bill comes up, there in the marketplace. get this reform done. are going to be mistakes made. And We have heard through witnesses be- RICO is a loophole large enough for that is one of them. fore our committee in the last Con- any plaintiff’s lawyer to drive the larg- We heard the gentleman from Cali- gress and this Congress what some of est Mercedes Benz through. We have to fornia [Mr. COX] and others stand up those awful problems are, problems in exempt it from this statute. I urge and praise the SEC and say the SEC which small companies, particularly every single one of my colleagues who wants this. We do not know if the SEC growth companies, who are doing their believe in securities law reform to vote wants it or not. There was language best with a new invention to get it for this amendment. that was sort of a side bar language in going and to produce it and sell it to Mr. BRYANT of Texas. Mr. Chair- their testimony with regard to the un- the marketplace find that their stock man, I move to strike the requisite derlying bill that made some state- may jump up one day, jump down the number of words. ments with regard to the need to re- next. And all of a sudden they are in a Mr. Chairman, I would like to start form RICO. I agree that there is a need massive lawsuit, they and everybody by saying, I really think that the offer- to reform RICO. But the fact is, the connected with them ing of this amendment today is a low SEC did not testify on RICO. Why? Problems that we have found in com- point in the operation of this House There have not been any hearings on panies across the board where they this year. This is an amendment that RICO before the House of Representa- have said, we would like to tell you has a sweeping impact, yet we never tives or any of its committees this more about our company, if you want had any hearings on this matter. Why? year. So we do not know what their to invest in it, but we are afraid to tell Because the committee with jurisdic- clear view is of RICO. you anything because whatever we say tion over this bill, which the gen- Also they invoked the SEC. They say somebody is going to say we misled tleman from Texas, [Mr. FIELDS] pre- we should look at these casual remarks you in a lawsuit next week. And we are sides over, at least the subcommittee, that they have made and apply them to going to find ourselves involved in an- does not even have jurisdiction over our own judgment of RICO. What about other massive litigation with a lot of RICO. the SEC’s opinion of the loser-pays bill court costs and legal fees. The result of that is that we are that you brought up here? They think If we do not cure those problems going to hear in this debate today, we it is a bad idea. What about their opin- soon, this legal mess created under have already heard, we are going to ion of your standard of recklessness? 10(b)(5) will continue to erode the pro- continue to hear a whole series of They think it is a bad idea. What about ductivity of small growth companies misstatements and a lot of remarks the SEC’s opinion of your definition of who are desperately trying to employ that are going to be read that some- fraud on the market? They think it is Americans and to produce more prod- body else wrote. Why? Because nobody a bad idea. And what about the SEC’s ucts not only for our marketplace but in the debate on either side knows very opinion of the pleading requirements for the marketplaces of the world. It is much about RICO. which you have put in the bill? They that simple. I used to be the cosponsor in previous think those are a bad idea as well. Lawyers who actually use this sys- Congresses of a bill, along with a num- b tem today and who want to fight these ber of my colleagues on this side of 1815 reforms would love to have somewhere aisle and that side of the aisle, to re- I note that the gentleman repeatedly else to go, some other system, and form the RICO statute. There are prob- gets up and says, ‘‘It is a shame that using the civil RICO is the way they lems with it. But I dare say, nobody plaintiff just does not recover enough might go. This amendment needs to be who has spoken so far on that side of in these cases.’’ This is a RICO statute passed. aisle or on this side of the aisle knows that provides treble damages. That is Mr. WHITE. Mr. Chairman, I move to what they are. The fact of the matter the one you want to repeal with this strike the requisite number of words. is, we never saw this amendment until amendment. You might not have even Mr. Chairman, I will not take 5 min- late last night. We never had any hear- realized that, inasmuch as there were utes because this is really a very sim- ings on it. I just have to say that bring- no hearings, and very few people in this ple argument. If Members do not want ing a sweeping proposal like that to debate today are going to know very to reform the securities laws, then the House that has such an enormous much about what the RICO statute they do not want to vote for this impact without anybody really know- even says. amendment. But if they do want to re- ing what it is is, in my view, not the Finally, I think it is perhaps maybe a form the securities laws, this amend- way to legislate. I urge Members to symbol of this whole debate, but after ment is absolutely essential. Why? Be- look at it in that light. the gentleman from Michigan, Mr. DIN- cause the RICO statute which this We have heard a number of interest- GELL, made a stirring speech condemn- amendment would take away from ap- ing statements. The last speaker a mo- ing this whole effort, the gentleman plying to securities laws has become ment ago, the gentleman from Califor- from California, Mr. COX, gets up and the stealth bomber of civil litigation in nia [Mr. COX], has gotten up and said, referred to Mr. DINGELL’s clipping, and our society. we have got to get rid of RICO. It is a reads to him from the last line of the March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2777 clipping, making it appear that some- Mr. BILBRAY. I yield to the gen- that are being reported in the Wall how the Wall Street Journal has said tleman from Michigan. Street Journal. the opposite of what Mr. DINGELL says. Mr. CONYERS. Mr. Chairman, I Mr. BILBRAY. I think that what the Then Mr. DINGELL gets up and real- thank the gentleman for yielding. gentleman is saying, see, the gen- izes who Mr. COX is quoting; he is Mr. Chairman, about the gentleman’s tleman is trying to use that. This law quoting himself. Why? Because he did concern, does he know that alleged was meant to go after the Mafia. The not have any hearings, and he does not Mafia links in securities cases would fact is it is being abused. have anybody else to quote. This not be prosecutable under RICO? Is Mr. MARKEY. Mr. Chairman, I move amendment is not based upon any that part of his intention in repealing to strike the requisite number of hearings, it is not based upon any ju- RICO, as applies to securities? words. risprudential, it is not based upon any Mr. BILBRAY. Of course not, Mr. Mr. Chairman, I rise in opposition to data, any economic study, it is based Chairman. There are 40 percent of the this amendment. This is Congress oper- upon an idea those guys had late last cases being used under this. Is the gen- ating at its worst. The amendment night. tleman saying that 40 percent of the that we have here on the floor was I urge Members to vote this amend- cases under RICO are all racketeering? never considered before our committee. ment down and restore some dignity to Mr. CONYERS. No, I have no idea. There were no hearings that were the proceedings of this House. Mr. BILBRAY. Here is the point: called on this issue. In fact, the statute Mr. BILBRAY. Mr. Chairman, I move RICO is meant to go after racketeer- that we are amending right now is a to strike the requisite number of ing. It is being misused by attorneys, separate statute altogether, the RICO words. because it means they do not have to statute. It has nothing to do with the play by the other rules. Mr. Chairman, I happen to have jurisdiction of this committee. Mr. CONYERS. If I could remind the heard my colleague, the gentleman In fact, Mr. Chairman, this subject gentleman, we have already read the from Michigan, mention in not too was never referred to our committee statute on the floor. It includes as a glowing terms the concept of rascals for consideration. Moreover, the Com- predicate offense securities violations. and rogues who had capitalized off of mittee on the Judiciary, which does It is in plain English, and it was there certain situations in our society. My from the first day that RICO was en- have jurisdiction over this issue, did question is as to who are the rascals acted into law, having passed this Con- not consider it, and had no witnesses and who are the rogues. gress. on this subject as part of the process of Frankly, when we have 40 percent of However, my point is, would the gen- bringing this bill out onto the floor. the cases under the RICO being identi- tleman preclude Mafia activities with Mr. Chairman, we can all have a de- fied as being not as the original inten- securities from being a prosecutable of- bate about whether or not racketeering tion to the depth of what the original fense under RICO? Because when we should be considered to cover this, intention was supposed to come out, take RICO away, we are taking away that, or another category, or potential Mr. Chairman, there are rascals and the opportunity to prosecute Mafia in- defendants in suits, but let us not kid rogues who would manipulate the law volvement with securities. ourselves. When our subcommittee held for their own personal gains. This Mr. FIELDS of Texas. Mr. Chairman, hearings on penny stock fraud in 1989 amendment would try to rectify that will the gentleman yield? and 1990, we had to have our witnesses problem. Mr. BILBRAY. I yield to the gen- testify with bags over their heads be- I do not think anybody who voted for tleman from Texas. cause of the fear of retaliation by orga- the original intention expected it to be Mr. FIELDS of Texas. Mr. Chairman, nized crime in the penny stock market a free ride for those in the legal profes- I apologize to the gentleman on the of this country. sion, to be able to dig deep into other other side of the aisle that I do not Mr. Chairman, for any of the Mem- people’s pockets, or to be able to have have the statute book with me, but as bers who think that as we talk about procedures that they could not use in the gentleman knows, the civil part of racketeering, that somehow or other it any other civil cases. RICO is just one or two sentences, and is exclusive of the securities market- However, to take advantage of a law that is that one or two sentences that place, believe me, the penny stock that was meant to stop racketeering, has made a number of civil actions to market was rife with organized crime, to take advantage of legislation that be brought under RICO. That is not so much so that there were life-threat- was meant to protect the people of this what our intent is. ening circumstances that many of our country from organized crime, truly is Mr. BILBRAY. It does not constitute witnesses felt they were going to en- immoral. Frankly, I think that this 40 percent of the legislation. counter. abuse that has been recognized by the Mr. FIELDS of Texas. If someone is Mr. Chairman, that is even apart Supreme Court is probably a good ex- breaking the law, as the gentleman al- from the central question, though, that ample of why the bar associations of leges, as a Mafia mobster, that person we have to answer tonight: Is it proper this country probably are not doing would still be penalized under the for this Congress to take up an issue of their job, and because of that, we need criminal sections of RICO. such a magnitude with no hearings, in to do our job here to straighten out Mr. BILBRAY. Mr. Chairman, what fact, with markups before our commit- abuses that have become obvious, obvi- we are talking about, those one or two tee, that is, a process by which we ous to the point to where we have to sentences, are being manipulated for 40 could make amendments to the legisla- correct the well-intentioned RICO reg- percent of the actions. I do not think tion, that resulted in both subcommit- ulations. the legislation, and the gentleman was tee and full committee markups being Mr. Chairman, I think that we do here, probably, I was not, I cannot be- truncated down to a point where there have rascals and rogues out there, a lieve the gentleman meant for 40 per- was no more than 2 or 3 hours on each segment of our society that refuses to cent of this law to be used in this man- occasion, even to consider amendments live by the rulings and the good inten- ner. I cannot believe that was his in- to the subject which was before us, tions that the rest of us take for grant- tention. much less this, which was not before ed. There are those that take a look at Mr. CONYERS. If the gentleman will us? legislation and say what a great oppor- yield, we did not mean any percent- To then come out here with a his- tunity not to have to play by the rules. ages, Mr. Chairman. Nobody had any toric amendment to a separate piece of I think this amendment, Mr. Chair- percentages in mind. The fact of the legislation with the Committee on man, will help to straighten it out and matter is if the law can apply in a case Rules having a special hearing last say we will live by the rules, and I being prosecuted civilly, it ought to night to put in order a nongermane think that the amendment will say apply. amendment to a piece of legislation that the rules will be set the same for Treble damages under RICO is an in- that has nothing to do with the busi- these cases. credibly important tool, without which ness, and then asking our Members to Mr. CONYERS. Mr. Chairman, will we are going to be at a loss for a lot of rush out here at 6:30 and cast a vote on the gentleman yield? violations, including Mafia violations that, it is unfair. It is wrong. Congress H 2778 CONGRESSIONAL RECORD — HOUSE March 7, 1995 should not operate this way. It is com- sue under RICO, so you would not be amined this issue 10 years ago found pletely unnecessary. able to sue under RICO for any of the that it is up to Congress to fix this The Committee on the Judiciary, other things which are prohibited problem and both the majority and the chaired by the gentleman from Illinois, under RICO: for example, murder; for minority in that Supreme Court deci- is fully capable of having a hearing on example, violation of narcotics laws; sion said that RICO is being stretched RICO that considers all aspects of it, for example, participating in a crimi- beyond what Congress originally in- that has witnesses coming in from the nal enterprise of any kind, or for any tended in the securities area. Justice Department, from the States, kind of interstate fraud, gambling, nar- I even quoted from Justice Thurgood from the private bar, and from all oth- cotics, or whatever it might happen to Marshall. Thurgood Marshall was in ers to give testimony. be. the dissent, in the minority in that Congress tonight is being asked to Mr. Chairman, if we are going to deal case, and it was Thurgood Marshall and cast a historic vote on a subject with with the question of RICO reform, then Justice Powell who would have voted no information before us except the good sense says that we should deal to limit RICO in the Supreme Court, opinions of a few Members who have with it well. We ought not offer, simply but we are doing it here in Congress be- been able to get a nongermane amend- because the individual can rush into cause majority said it is really Con- ment put in order. It is Congress at its court and say ‘‘But you cannot sue me gress’ mistake, Congress should fix it. worst. under RICO for gambling or narcotics The SEC’s general counsel has testified I recommend to all Members to vote because I was involved in securities, in favor of this and we quoted from his ‘‘no’’ on such an important subject, and and the language of the Cox amend- testimony. I have submitted for the send that signal that this subject ment says that I can’t be sued if securi- RECORD comments from judges across should be sent back to the Committee ties were involved.’’ America who have said that this is an on the Judiciary so that they have I do not blame the gentleman from abuse. Almost all of the examples that hearings on the issue, and send us out California for objecting, because I we just recently heard were examples a bill that deals with that relevant sub- would not want anybody to say these where criminal RICO, which is the ject in a way that dignifies this most things about me on the floor, but the whole bulk of the statute, civil RICO is important of all legislative bodies in hard fact is the legislation is poorly only a few sentences, where criminal the country. drawn, it is hurried to the floor with- RICO should be used. Mr. DINGELL. Mr. Chairman, will out proper hearings, without any intel- It is certainly important that crimi- the gentleman yield? ligent consideration, and it has results nals be prosecuted and that is exactly Mr. MARKEY. I am glad to yield to far different, far broader, far worse what will happen before and after this the gentleman from Michigan. from the standpoint of RICO, law en- amendment. But what we do not want Mr. DINGELL. I would like to ad- forcement, and getting at criminals to see is for our carefully crafted Fed- dress, if the gentleman would permit, generally. That is what is involved eral securities laws to be shunted aside the substance of the amendment, Mr. here. and instead for people to be able to use Chairman. The amendment says ‘‘Ex- The amendment ought to be rejected, a statute never intended to apply in cept no person may bring an action if for no other reason than it is sloppy these civil cases in this way so that under this provision if the racketeering work. It is an embarrassment to the they can get treble damages, some- activity as defined in section 1961,’’ and House. It may not embarrass the au- thing not provided for in our securities so forth, ‘‘involves conduct actionable thor of the amendment, but it as- laws, so that they can get discovery as fraud in the purchase or sale of secu- suredly embarrasses me, because I be- going all the way back 10 years to show rities’’ before the period. lieve that this body should legislate a pattern which is part of RICO, not What this means is if fraud involving well and efficiently. It should legislate part of the securities laws, and in short securities is involved in the question wisely, so we do not surprise ourselves so they can gin up settlements where a that is involved in the lawsuit—— with the stupid consequences of irre- settlement is not in order. Mr. DINGELL. Mr. Chairman, I ask sponsible, unwise, and careless work. I This is exactly the kind of securities unanimous consent that the gentleman urge that the amendment be rejected. litigation fraud that we are here to may proceed for 4 additional minutes. b 1830 punish and we certainly should not do Mr. COX of California. Mr. Chairman, anything that would permit it to con- I object. Mr. LEWIS of California. Mr. Chair- tinue. The CHAIRMAN. Objection is heard. man, I move to strike the requisite I urge my colleagues very strongly to Mr. DINGELL. What this says, Mr. number of words, and I yield to my col- support his amendment. If there are no Chairman, because the language of the league the gentleman from California further comments, I would ask for a amendment reads as it does, is that if [Mr. COX]. vote. you are charged in a civil suit with vio- Mr. COX of California. I thank the The CHAIRMAN. The question is on lation of wire laws, of narcotics, or any gentleman for yielding. the amendment offered by the gen- of the other things which are prohib- I am disappointed with the intem- tleman from California [Mr. COX]. ited under RICO, you had better make perate remarks of the gentleman from The question was taken; and the darned sure that you have been in- Michigan who certainly knows that we Chairman announced that the noes ap- volved in some way with securities, be- have had ample testimony on the sub- peared to have it. cause then you get a wash. ject of RICO in many, many commit- This amendment guts RICO. It guts tees in this Congress over years and RECORDED VOTE civil suits under RICO. It should be re- years and years which I recounted Mr. FIELDS of Texas. Mr. Chairman, jected. when the gentleman apparently was I demand a recorded vote. The CHAIRMAN. The time of the not on the floor commencing in 1985, A recorded vote was ordered. gentleman from Massachusetts [Mr. dating all the way up to this year when The vote was taken by electronic de- vice, and there were—ayes 292, noes 124, MARKEY] has expired. just a few weeks ago, the current Com- answered ‘‘present’’ 1, not voting 17, as (At the request of Mr. FIELDS of missioner of the Securities and Ex- Texas and by unanimous consent, Mr. change Commission came before our follows: MARKEY was allowed to proceed for 3 Committee on Commerce and sup- [Roll No. 209] additional minutes.) ported this amendment. He also has AYES—292 Mr. MARKEY. Mr. Chairman, I yield sent a letter to the current chairman Ackerman Ballenger Bilirakis to the gentleman from Michigan [Mr. of the Committee on Commerce sup- Allard Barcia Bishop Andrews Barr Bliley DINGELL]. porting this amendment. Archer Barrett (NE) Blute Mr. DINGELL. Mr. Chairman, just so I mentioned that Abner Mikva has Armey Bartlett Boehlert that we understand, because of the re- testified before Congress in support of Bachus Barton Bonilla dundant way in which the amendment this amendment, in support of RICO re- Baesler Bass Bono Baker (CA) Bateman Boucher is drawn, it says that if the suit by a form. I mentioned that the Supreme Baker (LA) Bereuter Brewster citizen involves securities, you cannot Court of the United States when it ex- Baldacci Bilbray Browder March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2779 Brownback Gutknecht Payne (VA) Engel Levin Rivers ‘‘(A) by any person against the settling de- Bryant (TN) Hall (TX) Peterson (FL) Fattah Lewis (GA) Roemer fendant; and Bunn Hamilton Peterson (MN) Fields (LA) Lincoln Roybal-Allard ‘‘(B) by the settling defendant against any Petri Filner Luther Rush Bunning Hancock person older than a person whose liability Burr Harman Pickett Foglietta Manton Sabo Burton Hastert Pombo Ford Markey Sanders has been extinguished by the settling defend- Buyer Hastings (WA) Porter Frost Martinez Schroeder ant’s settlement. Callahan Hayes Portman Furse Matsui Scott Page 16, line 20, insert ‘‘section 10(b) of’’ Calvert Hayworth Poshard Gejdenson McCarthy Serrano after ‘‘under’’. Camp Hefley Pryce Gephardt McDermott Skaggs Page 17, line 6, insert ‘‘to state’’ after ‘‘or Canady Heineman Quillen Gonzalez McHale Slaughter omits’’. Quinn Gordon McNulty Stark Cardin Herger Page 17, line 25, strike ‘‘or sellers’’ and in- Castle Hilleary Radanovich Green Meehan Stokes Chabot Hobson Ramstad Gutierrez Menendez Studds sert ‘‘, sellers, or security holders’’. Chambliss Hoekstra Regula Hall (OH) Mfume Stupak Page 18, line 2, strike ‘‘consciously’’. Chapman Hoke Riggs Hastings (FL) Miller (CA) Taylor (MS) Page 19, line 25, insert ‘‘knowledge and’’ Chenoweth Holden Roberts Hefner Mineta Thompson after ‘‘paragraph (1),’’. Christensen Horn Rogers Hilliard Mink Torres Chrysler Hostettler Rohrabacher Hinchey Nadler Towns Mr. FIELDS of Texas (during the Clement Houghton Ros-Lehtinen Jackson-Lee Oberstar Tucker reading). Mr. Chairman, I ask unani- Clinger Hoyer Roukema Jacobs Obey Velazquez mous consent that the amendment be Clyburn Hunter Royce Johnson (SD) Olver Visclosky considered as read and printed in the Coble Hutchinson Salmon Johnson, E.B. Ortiz Volkmer Coburn Hyde Sanford Johnston Owens Waters RECORD. Collins (GA) Inglis Sawyer Kanjorski Pallone Watt (NC) The CHAIRMAN. Is there objection Combest Istook Saxton Kaptur Pastor Waxman to the request of the gentleman from Cooley Johnson (CT) Scarborough Kennedy (MA) Payne (NJ) Williams Costello Johnson, Sam Schaefer Kennedy (RI) Pelosi Wise Texas? Cox Jones Schiff Kildee Pomeroy Woolsey There was no objection. Crane Kasich Schumer Kleczka Rahall Wyden Mr. FIELDS of Texas. Mr. Chairman, Crapo Kelly Seastrand Klink Reed Wynn this amendment contains only tech- Cremeans Kennelly Sensenbrenner LaFalce Reynolds Cubin Kim Shadegg Lantos Richardson nical and conforming changes that Shaw Cunningham King ANSWERED ‘‘PRESENT’’—1 have been agreed to by the majority Danner Kingston Shays and minority. Davis Klug Shuster Lowey de la Garza Knollenberg Sisisky The amendments clarify that disclo- Deal Kolbe Skeen NOT VOTING—17 sure is required for both proposed and DeLauro LaHood Skelton Boehner Jefferson Norwood final settlements, and that such disclo- DeLay Latham Smith (MI) Condit Largent Rangel sures includes a statement of potential Deutsch LaTourette Smith (NJ) Flake McDade Rose Diaz-Balart Laughlin Smith (TX) Gibbons McKinney Roth damages per share. They also prevent Dickey Lazio Smith (WA) Greenwood Meek Yates settlement discharge bar orders from Dooley Leach Solomon Hansen Murtha prohibiting a defendant from using an Doolittle Lewis (CA) Souder Dornan Lewis (KY) Spence b 1851 indemnification agreement or suing a Doyle Lightfoot Spratt subordinate. The amendments clarify Dreier Linder Stearns The Clerk announced the following that the new section 10A applies only Duncan Lipinski Stenholm pairs: to actions under old section 10(b) and Dunn Livingston Stockman On this vote: Durbin LoBiondo Stump make certain other technical and con- Edwards Lofgren Talent Mr. Largent for, with Mr. Flake against. forming changes. Ehlers Longley Tanner Mr. Roth for, with Mr. Jefferson against. Mr. MARKEY. Mr. Chairman, will Ehrlich Lucas Tate Messrs. JOHNSON of South Dakota, Emerson Maloney Tauzin the gentleman yield? English Manzullo Taylor (NC) GENE GREEN of Texas, and LEVIN Mr. FIELDS of Texas. I yield to my Ensign Martini Tejeda changed their vote from ‘‘aye’’ to ‘‘no.’’ friend, the gentleman from Massachu- Eshoo Mascara Thomas Ms. LOFGREN and Messrs. PETER- setts. Evans McCollum Thornberry Everett McCrery Thornton SON of Florida, THORNTON, and Mr. MARKEY. Mr. Chairman, I thank Ewing McHugh Thurman MOAKLEY changed their vote from the gentleman for yielding. Farr McInnis Tiahrt ‘‘no’’ to ‘‘aye.’’ Indeed this amendment does include Fawell McIntosh Torkildsen So the amendment was agreed to. Fazio McKeon Torricelli several technical changes which have Fields (TX) Metcalf Traficant The result of the vote was announced been agreed upon between the majority Flanagan Meyers Upton as above recorded. and the minority, and we would rec- Vento Foley Mica PERSONAL EXPLANATION ommend them to the full committee. Forbes Miller (FL) Vucanovich Fowler Minge Waldholtz Mr. LARGENT. Mr. Speaker, had I been The CHAIRMAN. The question is on Fox Moakley Walker present for the following votes on Tuesday, the amendment offered by the gen- Frank (MA) Molinari Walsh March 7, 1995, I would have voted as follows: tleman from Texas [Mr. FIELDS]. Franks (CT) Mollohan Wamp Franks (NJ) Montgomery Ward On House Resolution 105, agreeing to the The amendment was agreed to. Frelinghuysen Moorhead Watts (OK) resolutionÐ``yea.'' Mr. BLILEY. Mr. Chairman, I move Frisa Moran Weldon (FL) On the Cox amendment to H.R. 1058, to to strike the last word. Funderburk Morella Weldon (PA) Mr. Chairman, I am about to make a Gallegly Myers Weller prohibit claimants from bringing securities law- Ganske Myrick White suits under Racketeer Influenced and Corrupt motion that the committee do rise, but Gekas Neal Whitfield Organizations [RICO] ActÐ``yea.'' before doing so I would like to an- Geren Nethercutt Wicker AMENDMENT OFFERED BY MR. FIELDS OF TEXAS nounce that when the Committee re- Gilchrest Neumann Wilson Gillmor Ney Wolf Mr. FIELDS of Texas. Mr. Chairman, turns to this measure tomorrow, the Gilman Nussle Young (AK) I offer a technical amendment. first order of business will be the Goodlatte Orton Young (FL) amendment of the gentlewoman from Zeliff The Clerk read as follows: Goodling Oxley California [Ms. ESHOO]. Goss Packard Zimmer Amendment offered by Mr. FIELDS of Graham Parker Texas: Page 9, line 5, strike ‘‘verifies’’ and Mr. Chairman, I move that the Com- Gunderson Paxon insert ‘‘certifies’’. mittee do now rise. Page 11, line 21, and page 13, line 20, strike The motion was agreed to. NOES—124 ‘‘any settlement’’ and insert ‘‘any proposed Accordingly, the Committee rose; Abercrombie Brown (CA) Conyers or final settlement’’. and the Speaker pro tempore (Mrs. Barrett (WI) Brown (FL) Coyne Page 12, line 9, insert ‘‘per share’’ after VUCANOVICH) having assumed the chair, Becerra Brown (OH) Cramer ‘‘potential damages’’. Mr. COMBEST, Chairman of the Com- Beilenson Bryant (TX) DeFazio Page 14, beginning on line 18, strike ‘‘The Bentsen Clay Dellums order shall bar’’ and all that follows through mittee of the Whole House on the State Berman Clayton Dicks of the Union, reported that that Com- Bevill Coleman Dingell line 23, and insert the following: Bonior Collins (IL) Dixon The order shall bar all future claims for mittee, having had under consideration Borski Collins (MI) Doggett contribution arising out of the action— the bill (H.R. 1058) to reform Federal H 2780 CONGRESSIONAL RECORD — HOUSE March 7, 1995 securities litigation, and for other pur- Mr. GEPHARDT. Madam Speaker, I dle class. We must heed the words of poses, had come to no resolution there- rise today to call my colleagues’ atten- Business Week, and help the middle on. tion to an important finding in last class to share in the profits and fruits f week’s issue of Business Week. of higher productivity. I am speaking of an economic reality That means that we must question a REPORT ON RESOLUTION PROVID- which may be new to the business press boom in which Wall Street is strong, ING FOR CONSIDERATION OF in the United States—but has been but Main Street is still weak. H.R. 956, COMMON SENSE LEGAL plaguing millions of hard-working mid- It means we must challenge an econ- STANDARDS REFORM ACT OF dle-class families for more than 16 omy in which the Dow Jones keeps ris- 1995 years. ing through the roof, but family for- Mr. LINDER, from the Committee on The simple fact is corporate profits tunes keep falling through the floor. Rules, submitted a privileged report are surging, but the working people And it means that the American peo- (Rept. No. 104–69) on the resolution (H. who stand behind those profits are see- ple have to decide which political party Res. 108) providing for consideration of ing their incomes fall. is willing to stand up and fight for That is why Business Week concluded the bill (H.R. 956) to establish legal them—and which political party is in an editorial, and I quote, standards and procedures for product standing in their way. liability litigation, and for other pur- The middle class has shouldered much of Democrats believe in a substantial the pain * * * that has made Corporate poses, which was referred to the House minimum wage increase—because you Calendar and ordered to be printed. America so productive and competitive in global markets. Now is the time for the mid- cannot support a strong economy, let f dle class to share in the fruits of higher pro- alone your own family, on $8,500 a year. ductivity. People ought to be paid more if they PERMISSION FOR SUNDRY COM- are working than if they are on wel- MITTEES AND THEIR SUB- When you look at the facts, it is fare, and too often, we know that is not COMMITTEES TO SIT TOMORROW clear that we are in the midst of a pow- the case today. DURING THE 5-MINUTE RULE erful business boom. Business Week re- ports that, despite the Federal Re- Republicans not only oppose a mini- Mr. HASTERT. Mr. Speaker, I ask serve’s efforts to halt our economy, mum wage increase, House Republican unanimous consent that the following corporate profits among 900 leading Leader DICK ARMEY wants to abolish committees and their subcommittees companies grew by an astonishing 71 the minimum wage altogether. I ask be permitted to sit tomorrow while the percent in the fourth quarter of 1994. Mr. ARMEY or those who agree with House is meeting in the Committee of Profits grew by a whopping 41 per- him, could you raise a family on $8,500 the Whole House under the 5-minute cent for all of 1994, the biggest increase a year? rule. The Committee on Banking and since Business Week began keeping Democrats believe that a capital Financial Services; the Committee on these statistics back in 1973. gains tax cut is not the first priority, Economic and Educational Opportuni- But while business has never been that we need a middle-class tax cut, to ties; the Committee on Government better, for middle-income families, the build up the community of consumers Reform and Oversight; the Committee economic crunch continues. who buy America’s products. on House Oversight; the Committee on Business Week reports that American Republicans not only oppose a mid- International Relations; the Commit- household wealth has actually fallen dle-class tax cut, they want to give tee on National Security; and the Com- by about half of 1 percent—only the that tax break to the wealthiest inves- mittee on Transportation and Infra- eighth time it has dropped in 30 years. tors, forcing deep cuts in the programs structure. This is something to which attention working Americans need most; school It is my understanding that the mi- must be paid, especially by those who lunches for children, food stamps, So- nority has been consulted and that talk about family values. cial Security, Medicare. there is no objection to these requests. Look at what is happening to the Democrats believes that global- The SPEAKER pro tempore. Is there families that have given up every ization of our economy should not objection to the request of the gen- minute of family time while parents mean the pauperization of our middle tleman from Illinois? work two, three, even four jobs. How class. It should not mean throwing our Mr. DOGGETT. Mr. Speaker, reserv- can you build a strong family when you workers into roller-coaster competi- ing the right to object, we have con- are working day and night just to pay tion with third-world workers who earn sulted with the ranking minority mem- the bills? as little as a dollar a day. ber of each of those committees and When I was growing up in the 1950’s, And it does not have to mean that, if have no objection to their meeting America brought a higher standard of we change the way we do business, both while the House is in session. living to a growing number of our peo- home and abroad. Madam Speaker, I withdraw my res- ple. We need a new economic internation- ervation of objection. As profits flourished, the people be- alism, to bring the third world into the The SPEAKER pro tempore. Is there hind those profits saw their real wages objection to the request of the gen- rise. global economy, without submerging tleman from Illinois? But today, working people cannot developed nations into the third world, There was no objection. even expect to share in the fruits of to lift them up, without dragging our- selves down. f their own labor. The statistics are as plain as day. We need a new economic national- b 1900 From 1947 to 1973, American workers ism. Not an effort to isolate ourselves, gave their companies an almost 90 per- but a commitment by business, labor, SPECIAL ORDERS cent increase in productivity, and in and government to hard-working, mid- The SPEAKER pro tempore (Mrs. return, their real wages increased by dle class families here at home. VUCANOVICH). Under the Speaker’s an- nearly 99 percent. They got as much as We need a commitment to the notion nounced policy of January 4, 1995, and they gave. of ‘‘Pay for Performance’’—ensuring under a previous order of the House, But from 1973 to 1982, workers got that productivity, quality, and creativ- the following Members will be recog- only half as much of an increase in real ity profit the people who are actually nized for 5 minutes each. wages as they gave in new productiv- providing it. A powerful study by f ity. And from 1982 through last year, Laura Tyson and David Levine shows they got only a third as much as they that if you reward workers’ good re- WE NEED A NEW ECONOMIC gave in real productivity. sults, you get even more progress. In NATIONALISM For Democrats, the single, simple, the coming months, I will offer legisla- The SPEAKER pro tempore. Under a fundamental task of our party—in this tion to encourage companies to em- previous order of the House, the gen- Congress, in this decade, in this gen- brace such financial fairness. tleman from Missouri [Mr. GEPHARDT] eration—is to fight for the standard of Republicans, on the other hand, actu- is recognized for 5 minutes. living of working families and the mid- ally like the rampant globalization of March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2781 our economy. They do not see lower that are going to increase the effi- Mr. OBERSTAR. Madam Speaker, wages, lower environmental standards, ciency of those workers, increase the earlier today it was my sad, but high and lower labor standards as a prob- productivity, and ultimately increase personal privilege to offer a tribute to lem; they see them as the solution. We their wages and standard of living. my dear friend, a great Minnesotan, have seen the results in these past 16 and great American, the Honorable THE ATTORNEY ACCOUNTABILITY ACT years: people suffer, even as profits L.J. ‘‘Lud’’ Andolsek, during the Mass I would like to briefly comment on a soar. of Christian Burial at St. Jane de second area, and that relates to the Business Week’s findings are power- Chantal Church, Bethesda, MD. Lud passage this afternoon of H.R. 988. I ful proof of the challenge we face: rais- served this House of Representatives was disappointed that we ended up ing the standard of living for working for over 14 years as administrative as- with only attorneys being able to offer families and the middle class. sistant to my predecessor, the Honor- amendments in the limited time period And I think it is clear that this goal able John A. Blatnik, and as chief simply because of the rules and prece- could not be farther from the Repub- clerk of the House Public Works Com- dents that allow the recognition of lican agenda. Just read the Contract. mittee. It is only fitting and proper, members of the committee; in this There is not so much as a nod or wink therefore, that his contributions case, essentially all the committee about real jobs or opportunities. should be acknowledged and appre- members of the Committee on the Ju- So it is up to the Members of my ciated on the floor of this Chamber, diciary are attorneys. party—the Democratic Party—to de- which he loved and respected so great- The title of the bill that we passed vise real solutions to this very real na- ly. Lud passed away last Friday, March this afternoon was the ‘‘Attorney Ac- tional crisis. 3. countability Act.’’ In fact, this bill as f currently written does little to make L.J. ‘‘LUD’’ ANDOLSEK—A TRIBUTE Regina, Kathy, Brendan, Nicholas, Ken- IMPORTANCE OF INCREASING attorneys accountable. The only part of the bill that does anything to make dall, Don and friends, all. We are gathered in CAPITAL FORMATION the stark reality that death is not something lawyers accountable for their actions is that happens only in some other family, in The SPEAKER pro tempore. Under a the change in rule 11, and that change previous order of the House, the gen- some other place. It comes to our families, requiring a mandatory penalty for vio- even to those whom we think indestructible tleman from Michigan [Mr. SMITH] is lation of the rule applies only in a . . . like Lud Andolsek. recognized for 5 minutes. small number of cases in which an at- It is natural—even necessary—to grieve Mr. SMITH of Michigan. Madam torney is actually sanctioned by a that never in this life will we again see that Speaker, during my 5 minutes I would judge under rule 11 and, of course, as beloved face, hear that special voice, feel like to comment on two different we heard in much of the testimony, that unique touch. But, we must also re- areas. One is to report on the testi- member that Christ, too, wept at the tomb of there are very few sanctions, and even Lazarus. mony before the Committee on the when there is a sanction, that attor- Budget today. Witnesses appearing be- At the moment of death, what matters is ney-judge has the latitude of not im- not how long the years, but how great they fore the Committee on the Budget posing any sanction on the attorney, were, how rich the moments, how generous stressed the importance of increasing but simply a sanction, a financial sanc- the contribution to the lives of others. capital formation in this country if we tion on the client. Lud’s were great years, as grand, as vital, expect to increase our standard of liv- Madam Speaker, in conclusion, my as vibrant, as expansive as life itself—years ing. amendment would have made an attor- lived fully, intensively, joyfully, without I, and we all, should be particularly looking back over the shoulder, without re- ney liable for half of any attorney’s fee grets. Some second thoughts, to be sure, but concerned, because as we compare what award a client cannot pay. This sanc- is happening in the United States with regrets, never. tion is not unduly harsh. There can be Meeting Lud was an unshakable, unforget- other nations around the world, we see no award of fees unless: First, a settle- table experience. He took hold of you like a that the United States ranks either ment is offered; second, the offer is re- force . . . and he also took your measure. last or very close to the bottom in jected; and third, the jury returns a He enjoyed putting on a gruff exterior, terms of the amount of savings. For verdict less than the offer. hanging signs behind his desk like: ‘‘If you every take-home dollar, our savings In the few cases in which these condi- think work is fun, stick around and have a are very low. You compare our 5 per- helluva good time’’; or: ‘‘I don’t get ulcers, I tions are met, the award is limited. give them,’’ complete with ferocious art cent savings with countries like Japan First, it is capped at the amount of the at almost 19 percent, South Korea at work. offeree’s expenses; second, it is limited Those who knew him best, though, knew approximately 32 percent, we see that to the actual costs incurred from the there was a big marshmallow inside. I re- we have encouraged spending and con- time of the offer through the end of the member going home to Chisholm, visiting sumption rather than savings that are trial; and third, the judge has discre- Grandma Oberstar, My grandmother, who, so important to having capital avail- tion to moderate or waive the penalty like Lud’s parents, had emmigrated from able for investment. when it would be manifestly unjust. Slovenia, talking about Lud, remembering In comparing the United States with him as a boyhood friend of my father and These modest steps, it seems to me, saying, ‘‘He always had such rosy cheeks.’’ I the rest of the world, we also see that should have been necessary if we truly the investment in those new tools and thought about telling Grandma of the thick intend to make attorneys accountable. cigar, the clouds of smoke and, at times, the machinery per worker is lagging in this My amendment would have told law- ashen complexion from incredibly long hours country compared to the rest of the yers, ‘‘This is a court, not a lottery of- of work and decided that I shouldn’t under- world, and not surprisingly, the rate of fice. You are an officer of this court, mine her beautiful, almost cherubic image of increase in our productivity is also at and as an officer of this court, you ‘‘the Commish.’’ nearly the bottom of the list. have a responsibility to the court and Lud’s life was the stuff that makes up the I bring this to my colleagues because ‘‘American Dream.’’ Born to a family like so the other litigants not to waste their many others in Minnesota’s Iron Range I think we are tremendously chal- time and money, and if you ignore lenged today with a problem of other country—poor, but who didn’t consider these responsibilities, you can be held themselves poor—certainly no poverty of countries, now that we are past the liable.’’ spirit, and rising to high public office. cold war, doing everything that they Madam Speaker, I appreciate the op- He worked the hard youth of an iron ore can do to attract capital investment. If portunity to express these thoughts. miner’s family. He was a journalist; goalie we want to increase our standard of and player-coach of his college hockey living in this country, we cannot just f team—a rarity in those days; National Youth look at pretend things like increasing Administration Director for Minnesota; dis- the minimum wage. What we have got A TRIBUTE TO L.J. ‘‘LUD’’ tinguished military service; a brief career to do is look at true improvements in ANDOLSEK with the Veterans Administration; a long stint, through economically tough years our economy and the true availability The SPEAKER pro tempore. Under a with the late Congressman John A. Blatnik of more and better jobs by encouraging previous order of the House, the gen- and the House Public Works Committee; and businesses to buy that machinery and tleman from Minnesota [Mr. OBERSTAR] then, after decades of serving others, rec- that equipment and those facilities is recognized for 5 minutes. ognition in his own right, for his gifts and H 2782 CONGRESSIONAL RECORD — HOUSE March 7, 1995 talents: Appointment by President John F. Listen to this moment in history ant, company CO, 27th Infantry Battal- Kennedy to the U.S. Civil Service Commis- that President Eisenhower said was ab- ion, first officer over the bridge. sion as Vice Chairman—and reappointments solutely stunning. Sergeant Joe DeLisio, of Bronx, NY, and service under five presidents: Kennedy, Time magazine said it was a moment platoon leader of the 3d platoon, Com- Johnson, Nixon, Ford and Carter. Then, re- tirement. for all history. pany A. He cleaned out a machine gun Not content with—and too restless for re- After the war, General Eisenhower nest that was set on the bridge. tirement, Lud went out and organized the re- was quoted: First Lieutenant Hugh Mott, Nash- tirees, as President of the National Associa- Broad success in war is usually foreseen by ville, TN, platoon leader in Company B. tion of Retired Federal Employees, adding days or weeks, with the result that when it I do not have time to go through them 100,000 to their numbers and forging NARFE actually arrives, higher commanders and all: Doorland, Reynolds, Soumas, Wind- into a political force to be reckoned with. staffs have discounted it and are immersed sor, Goodson, Grimball; Michael Then, retirement again—but always restless, in plans for the future. This, however, was Chinchar, of Saddle River Township, probing, inquisitive, determined, setting his completely unforeseen. iron will to overcoming obstacles. NJ; Joe Petrencsik, of Cleveland; An- We were across the Rhine, 600 people, by thony Samele, of Bronx, NY. I will put He was proud of his Slovenian heritage— midnight. We were across the Rhine on a per- loved the music, the food, the language, the manent bridge, the traditional defensive bar- the story of this day the bridge over people. rier to the heart of Germany, the Rhine was Remagan and what the final German He loved, revered and reveled in public pierced. commander said who was trying to service—for him, the highest attainment of Finally, defeat of the enemy, which we had blow up the bridge when he came back the human community. long calculated would be accomplished in to see it months later. Every one of In the end—as in the beginning—with Lud, late spring, the summer campaign of ’45 was those men were the bravest and should what mattered most was loyalty: to friends, now on our minds just around the corner. especially his lifelong friend, John Blatnik; have gotten the Medal of Honor. They to principle: to veterans preference, to the General Eisenhower’s chief of staff, all did get the Distinguished Service idea that government should serve the least his alter ego, General Walter Bedell Cross. among us, that it should do good for people. Smith, termed the Remagan Bridge (The document referred to is as fol- For Lud, the highest, most enduring loy- worth its weight in gold. And a few lows:) alty was to family, to Regina, whom he loved days later it collapsed, killing 14 brave A DICTIONARY OF BATTLES steadfastly and with devotion; to his daugh- engineers. ter, Kathy; her husband, Don; to his grand- (By David Eggenberger) children Brendan, Nicholas and Kendall; his Let me give the names of our great Rhineland (World War II), 1945. Before the sister, Frances, and her family. He loved . .. heroes. The first ones across should last of the German attackers had been driven fiercely, protectively, and—at the last—ten- certainly have gotten the Medal of out of the Ardennes bulge, the Allies had re- derly. Honor. When the young Brigadier Gen- sumed their offensive against the Siegfried Lud touched our lives indelibly. Caught up eral Hoge said, ‘‘Get across that Line. Progress was so slow, however, that with him in life, we are bound to him in bridge,’’ a young sergeant and a young the large-scale effort became necessary to ef- death. He has met his test and left us a rich lieutenant did not pause or say, ‘‘But, fect a breakthrough to the Rhine Valley. legacy. Our test is to live our lives so that On February 8 the Canadian First Army what he meant to us can never pass away. sir, every sniper on the east side of (Henry Crerar) launched Operation Verita- that river is going to have my heart or ble, a major attack southeast from f my forehead in his gunsights.’’ They Nijmegen, Holland, between the Meuse and just obeyed. the Rhine. The latter was reached on Feb- b 1915 The first man across was a sergeant, ruary 14. A converging thrust by the U.S. the backbone of the military, Sergeant Ninth Army (William Simpson), called Oper- REMEMBERING WORLD WAR II Alex Drabik of Holland, a suburb of To- ation Grenade, crossed the Roer River on The SPEAKER pro tempore (Mrs. ledo, Ohio. He was a squad leader in the February 23. The two advances linked up at Geldern, Germany, on March 3. Two days VUCANOVICH). Under a previous order of 3d platoon. later the Allies had pressed to the Rhine the House, the gentleman from Califor- Madam Speaker, I yield to the gen- from opposite Du¨ sseldorf northward, leaving nia [Mr. DORNAN] is recognized for 5 tlewoman from Ohio [Ms. KAPTUR]. only a small German bridgehead at Xanten- minutes. Ms. KAPTUR. I say to the gentleman Wesel. The Canadians eliminated this pocket Mr. DORNAN. Madam Speaker, I that Drabik was a very distinguished on March 10. Meanwhile, to the south, the wish I had an hour because my subject resident of my district for many years left wing of the U.S. First Army (Courtney certainly is worthy of it. until his death about a year ago. We Hodges) attacked toward Cologne on Feb- Madam Speaker, 50 years ago today were very proud of his service. He was ruary 23 to cover the Ninth Army’s right flank. This offensive swept across the Rhine the House of Representatives came to a the first U.S. soldier across the Rhine. plain, while the U.S. Third Army of Gen. screeching halt, and so did the United Mr. DORNAN. I wish he was here. If George Patton punched its way through the States Senate. They stood in the aisles I were running this place, I would have Siegfried Line north of the Mosselle River. here and cheered because the United him address a joint session of Congress. On the central front the rest of the First States had crossed the Rhine on the That is what this man did to save tens Army and the Third Army, both under the Ludendorf railroad bridge at Remagen. of thousands of Germans who did not group command of Gen. Omar Bradley, And in just these few minutes—I will vote for Hitler who were being wiped launched a broad attack on March 5 toward expand my remarks later—but in just out. All the people in the concentra- the middle Rhine (Operation Lumberjack). By March 10 the Americans had closed to the these few minutes I think again of tion camps that lived because the war river from Coblenz northward through Bonn Ronald Reagan’s goodbye to his coun- ended 3 months earlier and had stopped and Cologne (which fell March 7), to link up try 9 days before George Bush was them from starving to death and all of with the Canadians at Wesel. sworn in as President. the untold GI’s and the Navy and Army The rapid advance to the Rhine yielded a In the close of President Reagan’s Air Corps and Marines and everybody surprising and rich dividend. On March 7 the goodbye after 8 wonderful years, he that died. U.S. 9th Armored Division discovered the said, ‘‘We must teach our young people By the way, today we were only day railroad bridge and Remagen still standing. about the history of our country, what 17 of 36 days on Iowa Jima. The Navy (It was the only Rhine bridge not demolished by the Germans.) In a daring gamble, leading those 30 seconds over Tokyo meant.’’ shelling stopped today. The Marines elements dashed across the Rhine and seized He mentioned D-day. He mentioned Vi- were still pressing on to lose almost a bridgehead on the east bank. Gen. Dwight etnamese boat people, Vietnamese res- 6,000 people and 800 others killed in ac- Eisenhower, supreme Allied commander in cue at sea, with a refugee yelling up to tion. Europe, ordered the new breakthrough hur- an American sailor, ‘‘Hello, freedom Here is Drabik. He was with the 27th riedly reinforced. Despite German counter- man.’’ He mentioned all the sacrifices Armored Infantry. attacks and determined efforts to wreck the that had gone before us. He told the The second man across was an bridge, Hodges rushed three corps (three, children of America, ‘‘If your parents officer, 2d lieutenant, and get this five, seven) across the river by bridge, pon- toon, and ferry. By March 21 the bridgehead are not teaching you at the kitchen German-American name, Karl had grown to 20 miles long and 8 miles deep. table the history of your country, hit Timmermann, of West Point, not New (The Remagen success caused the Allies to them on it.’’ I think that would be a York with the academy, but Nebraska, shift the main axis of their attack from very American thing to do. company commander as a 2d lieuten- Field Marshal Sir Bernard Montgomery’s March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2783 northern group of armies to Bradley’s The Germans had a far different reaction. crossing was the biggest military triumph central force.) In his conference with Field Marshal Kessel- since the Normandy landings, and was a bat- During the Remagen bridgehead build-up, ring two days after the capture of the tle feat without parallel since Napoleon’s the U.S. general Jacob Devers’ Sixth Army Ludendorff Bridge, Hitler told him bluntly conquering legions crossed the Rhine early Group launched its own advance to the that the really vulnerable spot on the west- in the last century.’’ Hal Boyle wrote from Rhine (Operation Undertone). It took the ern front was Remagen, and that it was ur- the front that ‘‘with the exception of the form of a huge pincers movement against SS gent to ‘‘restore’’ the situation there. Hitler great tank battle at El Alamein, probably no Gen. Paul Hausser’s Seventh and First Ger- took a personal hand in hurrying all avail- tank engagement in World War II will be re- man armies. On March 15 the right wing of able troops to reduce the Remagen bridge- membered longer than the dashing coup Patton’s Third Army attacked south across head. The 11th Panzer Division wheeled which first put the American army across the Moselle River into the Saar. Two days southward from the Ruhr. The Panzer Lear the Rhine at Remagen.’’ He added that the later Gen. Alexander Patch’s U.S. Seventh and 9th Panzer divisions followed, swallow- crossing of the Rhine by the men ‘‘who knew Army began hammering through the Sieg- ing many gallons of precious, high-priority there was strong likelihood the dynamite- fried Line, headed northeast. By March 21 gasoline. Many other divisions and scraps of laden bridge would blow up under them at the joint U.S. offensive had crushed all Ger- divisions joined in the frantic German fight any moment has saved the American nation man opposition west of the Rhine except for to contain the bridgehead. 5,000 dead and 10,000 wounded. a shrinking foothold around Landau. Then Field Marshall Model’s Chief of Staff, ‘‘It was a moment for history,’’ stated Tine on March 22 Patton’s 5th Infantry Division Major General Carl Wagener, summed up the magazine. wheeled from south to east and plunged German view as follows: ‘‘The Remagen af- The nation expressed its gratitude to the across the Rhine at Oppenheim. Encouraged fair caused a great stir in the German Su- heroes of Remagen in numerous ways. Both by light opposition in this area, the eight preme Command. Remagen should have been the United States Senate and the House of Corps bridged the river at Boppard, 40 miles considered a basis for termination of the representatives interrupted their delibera- to the north, on March 24. Germany’s last war. Remagen created a dangerous and un- tion to cheer the news. In the House, a spir- natural defensive barrier had now been pleasant abscess within the last German de- ited debate took place as to which state breached in three places on Bradley’s front. fenses, and it provided an ideal springboard could claim the first man to cross. Congress The Rhineland battle inflicted a major de- for the coming offensive east of the Rhine. Brooks Hays of Arkansas declared philo- feat on three Nazi army groups—Johannes The Remagen bridgehead made the other sophically: ‘‘I am sure there will be glory Blaskowitz in the north, Walther Model in crossing of the Rhine a much easier task for enough for all.’’ the center, Paul Hausser in the south. Some the enemy. Furthermore, it tired German All around the country, local civic and pa- 60,000 Germans were killed or wounded and forces which should have been resting to triotic organizations honored the men who almost 250,000 captured. This heavy toll, plus withstand the next major assault.’’ had wrought the miracle of Remagen. The the loss of much heavy equipment, ruined The Remagen bridgehead was vital in help- feeling toward the Remagen heroes was per- the Nazi chances of holding the Allied armies ing to form the southern and eastern pincers haps best expressed in an editorial in the at the Rhine. Americans killed in action to- for the Allied troops that surrounded and March 10, 1945, New York Sun, which con- taled 6,570; British and Canadian deaths were trapped 300,000 German soldiers in the Ruhr. cluded with these words: ‘‘Great shifts in his- As sorely needed German troops were markedly fewer. tory often do hang upon the developments of thrown against the Remagen bridgehead, the minutes. Americans know, and the enemy resulting disorganization and weakening of has learned, that given the least oppor- THE BRIDGE AT REMAGEN—THE AMAZING defenses made it much easier for other tunity, American soldiers are quick to seize STORY OF MARCH 7, 1945—THE DAY THE American Rhine crossings to be made to the any break and exploit it to the fullest. The RHINE RIVER WAS CROSSED north and south of Remagen. Just as the loss men who in the face of scattered fire and the (By Ken Hechler) of the bridge was a blow to German morale, great threat of the bridge blowing up under so did it provide a strong boost to American THE SIGNIFICANCE OF REMAGEN BRIDGE them, raced across and cut the wires have and Allied morale. Not only did it make the materially shortened a struggle in which For almost three weeks after the capture end of the war seem close at hand, but it also of the Remagen Bridge, American troops emboldened the combat troops when they every minute means lost lives. To all who fought bitterly in the woods and gullies of were confronted with chances to exploit op- utilized that ten minutes so advantageously the Westerwald. They inched forward, ex- portunities. It underlined the fact that the goes the deepest gratitude this country can panding the bridgehead hour by hour, push- German army’s soft spots could be found bestow.’’ ing laboriously to the east, to the north and through aggressive attacks, thereby spurring Captain Karl Friesenhahn, the little Ger- to the south. Not until March 16, when American forces to apply greater pressure. man engineer who was in charge of the engi- American forces reached the Bonn-Limburg After the war, General Eisenhower had this neer company at Remagen in 1945, returned autobahn, seven miles east of the Rhine, did to say about the significance of the seizure to Remagen in 1954. I saw him gaze over the they have the maneuver space in which to of Remagen Bridge: ‘‘Broad success in war is ruins of the bridge and he quietly asked what fan out. For the infantry and tankmen who usually foreseen by days or weeks, with the awards the American Army had give to Lieu- slugged it out in the bridgehead, for the mili- result that when it actually arrives higher tenant Karl Timmermann, Sergeant Drabik, tary police and anti-aircraft men who were commanders and staffs have discounted it Lieutenant Mott and the other first Ameri- strafed at the Rhine crossings by attacking and are immersed in plans for the future. cans who crossed. When I told him that they planes, and for the engineers who struggled This was completely unforeseen. We were had received Distinguished Service Crosses, in the face of air and artillery fire to build across the Rhine, on a permanent bridge; the Captain Friesenhahn replied with some feel- pontoon and treadway bridges over the river, traditional defensive barrier to the heart of ing: capture of the Remagen Bridge seemed to Germany was pierced. The final defeat of the ‘‘They deserved them—and then some. stiffen rather than weaken enemy resistance. enemy, which we had long calculated would They saw us trying to blow that bridge and To many of these men, it did not seem that be accomplished in the spring and summer by all odds it should have blown up while crossing the bridge had accomplished much. campaigning of 1945, was suddenly now, in they were crossing it. In my mind they were The capture of the Ludendorff Bridge ma- our minds, just around the corner.’’ General the greatest heroes in the whole war.’’ terially hastened the ending of the war. It Eisenhower’s Chief of Staff, Lieutenant Gen- was an electrifying development at the mo- eral Walter Bedell Smith, termed the Rema- INDIVIDUAL AWARDS ment, but it was followed a few weeks later gen Bridge ‘‘worth its weight in gold.’’ by General Patton’s sneak crossing of the President Franklin D. Roosevelt, with only DISTINGUISHED SERVICE CROSS Rhine south of Remagen at Oppenheim, and six weeks to live, shared the elation of the The Distinguished Service Cross is the then by Field Marshal Montgomery’s grand field commanders over the significance of highest award which is conferred only on assault across the river south of Arnhem Remagen. The victorious Army Chief of members of the U.S. Army. It is second only after extensive preparations and blasts on Staff, General George C. Marshall, had this to the Medal of Honor, which is also awarded the trumpet. appraisal to make: ‘‘The prompt seizure and to members of other branches of the service. One of Karl Timmermann’s fellow exploitation of the crossing demonstrated The following officers and men of the 9th Ar- townsmen from West Point, Nebraska, rum- American initiative and adaptability at its mored Division were awarded Distinguished bled across a Rhine pontoon bridge with gas- best, from the daring action of platoon lead- Service Crosses for their heroism at Rema- oline and supplies, several weeks after er to the Army commander who quickly di- gen: Timmermann’s exploit. He commented that rected all his moving columns. * * * The Sergeant Alex A. Drabik of Holland (To- the Rhine seemed little wider than the Elk- bridgehead provided a serious threat to the ledo), Ohio, squad leader of 3d platoon, Com- horn back home and certainly not as wide as heart of Germany, a diversion of incalculable pany A, 27th Armored Infantry Battalion. the Missouri River. He confidently told his value. It became a springboard for the final First man over the bridge. friends that to cross a bridge like that was offensive to come.’’ Second Lieutenant Karl H. Timmermann small potatoes. For years afterward, he War correspondents on the scene added of West Point, Nebraska, company com- spoke up in West Point American Legion their eyewitness accounts on the signifi- mander of Company A, 27th Armored Infan- meetings, in all the local bars, and at the cance of seeing American troops on the east try Battalion. First officer over the bridge. corner drugstore, disparaging what bank of the Rhine. The Associated Press ca- Sergeant Joseph DeLisio of Bronx, New Timmermann had done at Remagen. bled on March 8: ‘‘The swift, sensational York, platoon leader of 3d platoon, Company H 2784 CONGRESSIONAL RECORD — HOUSE March 7, 1995 A, 27th Armored Infantry Battalion. Cleaned Well, if that graph is a little difficult penny of the $12 billion taken away out machine gun nest on bridge. to grasp quickly, look at the second from those 48 million families whose First Lieutenant Hugh B. Mott of Nash- one. Under this graph, in the same cat- income is below $30,000 per year. ville, Tennessee, platoon leader in Company egories of income what this shows is B, 9th Armored Engineer Battalion. Led en- f gineers who ripped out demolition wires and that the Republican tax cut will pro- cleared the bridge of explosives. vide $5,000 to the average family, who b 1930 Sergeant Eugene Dorland of Manhattan, presently make more than $200,000 per The SPEAKER pro tempore (Mrs. year. That would be $12 billion of tax Kansas, Company B, 9th Armored Engineer VUCANOVICH). Under a previous order of Battalion. One of engineers who helped clear cuts each year. the House, the gentleman from Califor- the bridge of explosives. Down at the other end of the scale nia [Mr. RIGGS] is recognized for 5 min- Sergeant John A. Reynolds of Lincolnton, there are 49 million families that, to- utes. North Carolina, Company B, 9th Armored gether, get $57 on average per family Engineer Battalion. One of engineers who per year. That is about $1 per week per [Mr. RIGGS addressed the House. His helped clear the bridge of explosives. family. remarks will appear hereafter in the Captain George P. Soumas of Perry, Iowa, Extensions of Remarks.] company commander of Company A, 14th Now, the Republicans claim that Tank Battalion, the first tank company to they are not going to make the deficit f cross the bridge. larger. So, we will be debating the $17 First Lieutenant C. Windsor Miller of Sil- billion rescission bill next week. Under FORT MCCLELLAN AND ANNISTON ver Spring, Md., platoon leader in Company NEWT GINGRICH’S Contract on America, ARMY DEPOT A, 14th Tank Battalion, the first tank pla- spending cuts which hurt children and The SPEAKER pro tempore. Under a toon to cross the bridge. elders and make it harder for youth previous order of the House, the gen- Sergeant William J. Goodson of Pendleton, Indiana, Company A, 14th Tank Battalion. and teenagers to get the education and tleman from Alabama [Mr. BROWDER] is Tank commander of the first tank which skills and training so that they can get recognized for 5 minutes. crossed Remagen Bridge. jobs, those spending cuts will be used Mr. BROWDER. Madam Speaker, a 1st Lieutenant John Grimball of Columbia, to give tax breaks to the wealthiest of few nights ago I spoke on this floor, South Carolina, platoon leader in Company Americans. and I said that the Secretary of De- A, 14th Tank Battalion. Head of first tank In NEWT GINGRICH’s America, Repub- fense’s recommendation to close Fort platoon to reach the bridge. licans are going to cut infant mortality McClellan, AL, was a mistake with sig- Sergeant Michael Chinchar of Saddle River prevention, prenatal, children’s foster nificant and dangerous consequences. Township, New Jersey, platoon leader of 1st platoon, Company A, 27th Armored Infantry care, safe and drug-free schools for To be specific tonight, Madam Speak- Battalion. One of first group of infantrymen children and education for disadvan- er, I would like to talk about the mis- across the bridge. taged children and domestic violence take of this recommendation that Sergeant Joseph S. Petrencsik of Cleve- prevention and shelters for homeless breaks faith with hundreds of thou- land, Ohio, assistant squad leader in 3d pla- families. But they will do it without sands of civilians in Alabama who live toon, Company A, 27th Armored Infantry my vote. around a dangerous chemical stockpile Battalion. One of first group of infantrymen In NEWT GINGRICH’s America, these which is slated to be destroyed by the across the bridge. Republicans will cut vocational and United States as part of an agreement Sergeant Anthony Samele of Bronx, New York, squad leader in 1st platoon, Company technological education and with Russia. A, 27th Armored Infantry Battalion. Third Americorps, the National community Let me tell my colleagues something man across the bridge. service corps, school drop-out preven- about this stockpile. This chemical The following is a sample of the citation tion, and college scholarships, summer stockpile stored in this same commu- for the Distinguished Service Cross: jobs for teenagers who are at risk of nity with Fort McClellan, has poisons f dropping out of school, and school-to- such as sarin and VX. A small drop of work job training. But, again, they will sarin on a man’s skin can be fatal. VX NOT WITH MY VOTE do that without my vote. is several times more lethal than sarin, The SPEAKER pro tempore. Under a In NEWT GINGRICH’s America, the Re- and a small drop of the liquid evenly previous order of the House, the gen- publican extremists will cut rental as- distributed can kill many people. tleman from Massachusetts [Mr. sistance to low-income families and Among the weapons stored at the An- OLVER] is recognized for 5 minutes. public housing maintenance and safety niston Army Depot, each M–23 land Mr. OLVER. Madam Speaker, in just and home heating assistance for 6 mil- mine contains 101⁄2 pounds of VX. Each a couple of weeks we are going to start lion families, every one of whom, every 155 millimeter artillery projectile can debate on one of the cornerstones of one of whom falls in that category of hold either 6 pounds of VX or 61⁄2 the Republican Contract on America. people with incomes under $30,000 a pounds of sarin. Each of the 78,000 M55 That cornerstone, the tax cut of $200 year. But, again, they will do it with- 115-millimeter rockets; that is 78,000 of billion over 5 years. out my vote. those, contains either 10 pounds of VX Never mind that the deficit is al- In NEWT GINGRICH’s America, at least or 10.7 pounds of sarin. That is a pretty ready $200 billion per year, put aside $12 billion in tax cuts are going to be dangerous mixture. that the tax cuts add to the deficit, transferred, $12 billion of wealth, will That is why one newspaper had this never mind that these tax cuts make be transferred from people down in this headline, Madam Speaker, that said, balancing the budget harder, and never area who now have under $30,000 of in- ‘‘Army, An Army Study Leaking Nerve mind that not a responsible economist come per year, and it will be trans- Rockets, Could Explode on Their Own.’’ agrees that cutting taxes is the right ferred into tax cuts for the wealthiest That is why another newspaper head- way to start on reducing the deficit 2 percent of Americans, giving them line said, ‘‘Living with Chemical Weap- and balancing the budget. $5,000 a year, on average, in tax cuts. ons. Best Hope If There’s an Accident: But putting those things aside, let us At least $12 billion in services, in the Run for Your Life.’’ examine the proposal. First of all, on services that I have mentioned, will be The Army knew this in 1990 when it this chart we can see who gets the tax cut from these 48 million families down filed a permit request with the Ala- benefits from the tax reductions being there at the lower end of the scale, who bama Department of Environmental proposed. If you would look at the first have under $30,000 of income per year. Management called Resource Conserva- 2 columns down on the left-hand side, That is over $250, on average, per fam- tion and Recovery Act hazardous waste less than 20 percent of the tax reduc- ily that is going to be cut. permit application for the Department tion is given to some 71 million Amer- Madam Speaker, if people who are of the Army, Anniston Army Depot ican families that are almost two- watching have not already guessed it, chemical stockpile disposal system. thirds of all the American families. and probably many of them have, every This is in 1990. This is all of the contin- In the upper side there you find 50 Member of Congress, every Senator, gency plans they have if there is an ac- percent of the tax reductions to less every Member of the House falls in the cident in this place. than 10 percent of the families, whose upper categories on this graph, and not Fort McClellan chemical response income is now over $100,000 per year. one Member of Congress will lose a plan says, March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2785 This plan establishes a required organiza- Madam Speaker, for 40 years the I say to my colleagues, Yes, if you tion, responsibilities and procedures in the Army has dumped these dangerous were told otherwise, you’re not being event of an accident or incident at Anniston chemicals on Alabama. They pledged told the truth. For example, Repub- Army Depot. The purpose of this plan is to Fort McClellan as our rescue squad. licans want to reduce the rate of in- establish procedures and actions to be em- ployed by Fort McClellan reaction teams in Now they want to close down the res- crease in the school lunch program. support of a chemical accident or incident cue squad and strike a match to that This year we’re spending about $4.5 bil- occurring on the Anniston Army Depot and pile of dangerous chemicals. I will not lion on this program, and we’re propos- which is or will become a potential hazard to allow that to happen. I will do every- ing a spending level of $4.7 billion for the depot and surrounding community. thing I can to stop that from happen- fiscal year 1996. Now if that sounds to Madam Speaker, several hundred ing unless this dangerous mistake is you like an increase, you have got it thousand people are in that surround- reversed. right. ing community of Anniston Army f My colleagues, only in Washington Depot, and Fort McClellan’s resources can an increase of $200 million be con- have been committed by that permit BY SLOWING GROWTH IN SPEND- sidered a cut, and that is what our op- request in case we have a problem ING FROM 7.6 TO 3 PERCENT WE ponents are claiming. there. CAN BALANCE THE BUDGET BY Let us look next at the Child Nutri- I had a meeting last year, almost a 2002 tion Program. We are currently spend- year ago, with Deputy Secretary of De- The SPEAKER pro tempore. Under a ing at a level of $3.47 billion. fense John Deutsch. I would like to previous order of the House, the gen- The American people need to know read a letter he wrote to me in August. tleman from New Jersey [Mr. SAXTON] that Republicans want to slow the rate He said: is recognized for 5 minutes. of growth in this program by proposing a 1996 spending level of $3.68 billion, an- DEAR MR. BROWDER: In our meeting on Mr. SAXTON. Madam Speaker, I June 16, 1994, you and I discussed Depart- would like to talk for just a few min- other $200 million increase. It is an in- ment of Defense policy and intentions on utes about the rate of increase that we crease over present levels, but it is not several matters related to the Chemical De- have seen in Federal spending and what the astronomical rate of increase that militarization Project scheduled for Annis- some of us would like to do to stop some of our colleagues on the other ton Army Depot. You requested that I pro- that from happening. side of the aisle want. vide assurances on these matters, and I am Last summer House Republicans held What I am saying is that we are not pleased to respond to this request. As you decimating or gutting these programs. know, the Department is eager to conduct a series of meetings and decided that someone had to step up to the plate We are slowing the rate of growth for its business in a manner that is open and them from an average of 7.6 percent to meets community concerns to the maximum and do something about this very seri- extent possible. The ‘‘safeguard’’ assurances ous fiscal problem. Without question, about 3 percent. you request serve this purpose and therefore Madam Speaker, one of the most im- Let us look at one more program. Let deserve the positive responses provided portant issues we face today is our us go to veterans benefits as a final ex- below. soaring national debt. I think both par- ample where in 1995 we spent about Please rest assured that we share your con- ties agree with that. Today it has $17.73 billion. The spending level for cern for safe and environmentally sound de- reached epidemic proportions in that veterans benefits under our Republican struction of chemical weapons at Anniston. program for 1996 is $17.78 billion, an- Specifically . . . we have a national debt of almost $5 trillion, $4.8 trillion to be more exact. other increase this time of $50 million, Madam Speaker, under the heading Think about the magnitude of it. We but a reduction in the rate of growth. of Fort McClellan Support Resources: are not talking about millions or bil- By doing this we are doing something By separate correspondence I’m asking the lions that we throw around here daily. different to bring spending under con- Secretary of the Army to work closely with We are talking about trillions, almost trol. We are doing something different Alabama Department of Environmental $5 trillion. because we recognize that there are Management to respond to the State require- I realize that it is difficult for most limits to taxes Americans should be ex- ment and to be fully responsible to their con- people to think in terms of trillions. it pected to pay, and there are limits to cerns. is for me. But look at it this way. Five the debt we should create. He closed: trillion is a 5 with 12 zeroes behind it. We need to get real. We need to be I assure you that the Department of De- Or look at it in terms of what $5 tril- straight with the American people, fense will continue to insure that the de- lion means if we divide it equally particularly with those who are the struction of our chemical weapons stockpile among the American citizens. In those beneficiaries of the worthy programs is accomplished in full cognizance of the on- terms $5 trillion means $18,000 for that we are talking about. going need to protect our people and our en- Join with us in bringing about a real- vironment. every man, woman and child in the United States, and, unless we deal with istic, long range spending plan that Then the Undersecretary of Defense will provide the level of benefits needed that same month issued its memoran- this problem now, by the turn of the century the United States will spend but will not bankrupt our children and dum for the Secretary of the Army. our grandchildren. Subject: Chemical Weapons Demili- more on interest on the national debt tarization Facility at Anniston Army than we spend on the defense of our f Depot: country. That is why Republicans, and I might REPUBLICAN PARTY, A PARTY OF Efforts are ongoing to ensure the success- say some Members of both parties, are CONTRADICTION ful start of chemical weapons demilitariza- tion operations at Anniston Army Depot. In offering a fresh approach. The SPEAKER pro tempore. Under a order to gain the requisite support for these If we simply slow the growth in previous order of the House, the gen- operations, we must ensure the application spending from what it has averaged tleman from Maryland [Mr. WYNN] is of certain safeguards which will satisfy local over the last 10 years, 7.6 percent; that recognized for 5 minutes. concerns and enhance the safety of the de- is right, 7.6 percent every year increase Mr. WYNN. Madam Speaker, now militarization process. over the last 10 years, if we slow it to that the first 50 days are past, I think Madam Speaker, this lists all the re- about 3 percent, we can balance the we are beginning to see the true colors quirements, the decontamination budget by the year 2002. Programs that of the Republican Party. Once again team, the medical assistance team, have been growing by leaps and bounds they are playing Robin Hood in re- says we need to be fully responsive to must be reined in. verse, taking from the poor to give to the Alabama Department of Environ- Now if we are being honest with our- the rich. When I thought about some of mental Management, and we must selves and with the American people, the things that have occurred over the commit appropriate military resources we and our critics must make it clear last couple of weeks, it appeared to me such as the following which have been that the Republicans are simply limit- that what we have is a party of con- identified at the current location to ing the rate of growth in a broad vari- tradictions. This is a group that said, support the demilitarization effort. ety of programs. What we are is pro-life. We believe in H 2786 CONGRESSIONAL RECORD — HOUSE March 7, 1995 the sanctity of life. And I am not try- duced lunch program. And the teachers WE WILL BALANCE THE BUDGET ing to reopen that debate, but I did find will tell you that this may be the only The SPEAKER pro tempore. Under a it interesting that, when they started meal that these young people get. previous order of the House, the gen- cutting, they went after the Healthy So it seems to me that if the Repub- tleman from Minnesota [Mr. RAMSTAD] Start Program and cut $10 million from licans were really serious about giving programs that provided prenatal care. people a chance in life, they would not is recognized for 5 minutes. Madam Speaker, I wonder how, on be taking money out of the School Mr. RAMSTAD. Madam Speaker, the one hand, people can say they are Lunch Program. over the last 30 years the Federal Gov- pro-life, but take away funds that help Now, let’s get back to economics. ernment has only balanced its budget expectant mothers take care of They say, Well, we are just slowing the one time: in 1969. One balanced budget newborns. They took $25 million from growth of these programs; we are actu- in 30 years. the Women, Infants, and Children’s ally putting in more. What you find, la- Madam Speaker, time and time again Program, another program designed to dies and gentlemen, is that when the Congress has provided unwilling and help expectant mothers and toddlers Republicans are talking about defense unable to balance the budget. Time and obtain the kind of nutrition that they spending, they alway talk about funds time again, statutory scheme after need to survive. It seems to me to be a adjusted for inflation. But when they statutory scheme has failed. That is strange contradiction. talk about social spending, they talk why, Madam Speaker, we need the Next they said, Well, you know, we’re about raw numbers, which means that legal forces and the moral authority of the party that believes in work. Well, the numbers essentially stay the same a constitutional amendment. Unless we that is what the Republicans say. But while inflation eats away at the pur- act now, the deficit is projected to be the first thing they did was go after chasing power. So consequently, those more than $200 billion each and every programs that move children, young programs that they claim they are in- year through the end of the century. people, from school to work. They cut creasing are scheduled to fail and can- This year alone more than 15 cents of a total of $3 billion, including 600,000 not in fact keep pace with the cost of positions in summer jobs. providing these services, cannot keep every dollar in the Federal budget goes pace with the cost of food and other to pay interest on the Federal debt of b 1945 products to make these programs via- $4.8 trillion. Now we can talk all we want about ble. Madam Speaker, we are spending how we can fight crime and we can talk Now, I suppose some would say, You over $235 billion this year alone to pay all we want about people need to pull don’t understand, Congressman, we the interest on the debt. This insane themselves up by the bootstraps and have to make these cuts to reduce the deficit spending must stop now. It get out of the wagon and help every- deficits. If it were going for the deficit, doesn’t take a rocket scientist to fig- body else pull, but when you take that would be one thing, but they are ure out we are headed for financial dis- money out of the Summer Jobs Pro- giving it to the rich. The cuts that I aster unless we balance the budget gram, it seems to me you are party in described are not going for the deficit. now. contradiction. Then they said, Oh, yes, In fact, they are going to provide tax Now, some politicians in this body sir, we support the elderly. We asked cuts for the wealthy. Thirty percent of are trying to scare people by playing them about protecting Social Security; the tax cuts that come out of the pro- fast and loose with the facts. They are they said, Oh, yes, we will do it. We grams that I just described will go to claiming a budget amendment would won’t touch Social Security. We said, the richest 2 percent of Americans in require $1 trillion in budget cuts by the If you won’t touch Social Security, put this country. Thirty percent of the tax year 2002. What these politicians don’t it in the bill. They would not do it. benefit to the richest 2 percent of tell you is that the Federal Govern- I think the contradiction is clear, but Americans. And a full 50 percent of the we go on and find that in the area of tax breaks won’t go to the average ment is currently projected to increase fuel assistance for the elderly the Re- American citizen that the Speaker spending each year until then on the publicans decided they would cut out likes to talk about. The 50 percent goes average of 5.4 percent per year. That is the entire program. Two million elder- to the people who make over $100,000. a $3 trillion increase in Federal spend- ly are engaged in the Fuel Assistance So, ladies and gentlemen, it seems to ing over the next 7 years. Program. That program is eliminated. me that we are in a grave state of con- Only in Washington, Madam Speaker, Then, you know, they are also the tradiction in that instead of assisting can a smaller increase in spending be party that is big on patriotism and the poor and instead of helping them called a cut. The budget can be bal- they always want to talk about a drop move out of poverty, we are taking re- anced by simply holding the spending of American blood, but that is also the sources from them. increase to 3 percent, to an average of crowd that cut 50 million from medical And they say, Well, we are just giv- 3 percent per year. In other words, if equipment and facilities from the vet- ing it to the States so the States can we increase spending 3 percent per year erans program, even at a time when we do it better at less cost and we are just until 2002, we will have a balanced are expecting an increase in the veter- cutting bureaucratic costs. budget. Or put another way, if we halt- ans population. Ladies and gentlemen, you have to Now I just heard one of my distin- ed the incrase to 2 trillion instead of 3 have bureaucracy at the State level, so trillion over the next 7 years, we will guished colleagues say, Well, you don’t they are substituting State bureau- balance the budget. understand. What we are doing is, we crats for Federal bureaucrats. The cost It is high time the Federal Govern- are not cutting these programs, we are savings are not going to be there. slowing the growth. I am going to tell The other issue is this: If the States ment lived within its means the way you in a minute what they are going to were inclined to do these programs, if every family in my district in Min- do with the funds that they claim that the States were inclined to have fuel nesota must, the way every family in they are saving. But before I get to assistance and breakfast programs and America must. We simply can’t keep that, I want to talk about the School lunch programs, why didn’t the States mortgaging our children’s and grand- Lunch Program. Because once again do it? It was not done until the Federal children’s futures. We can’t keep prom- they are robbing the poor to give to the Government stepped in and said giving ising more than we know we can de- rich. people a healthy start in life is a na- liver. Tomorrow morning I am going to tional priority and it doesn’t matter if What is really mean-spirited, Madam have breakfast with young students at they live in Oklahoma or Alaska, we Speaker, is to continue to promise peo- Bladensburg Elementary and next want to make sure that you get these ple more than we can deliver, to prom- week I am going to have lunch with benefits. ise, promise, promise to spend more some more students at Green Valley So you see, Madam Speaker, in the than we bring in. That is why, Madam Elementary School, and the reason I final analysis we have a contradiction. Speaker, we need the balanced budget am going is to see what is going on. At We are not helping the poor, we are amendment and the discipline that Green Valley, for example, 61 percent only helping the rich at the expense of that provides. It is the only way to of the students are in the free or re- the poor. March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2787 truly achieve a smaller government, And when Mickey Kantor, or the Spe- We are giving Wall Street a special lower taxes and more money in the cial Trade Representative, was discuss- little gift. They have done such a great taxpayers’ pockets. It is also the only ing this he said, You might ask if your job in leading us into these trade poli- way to avoid an economic earthquake trade policy is working, and he said, cies and forcing us into these trade in America. Yes, it is right on track. A $160 billion policies. Not me—I didn’t vote for it— With the unfortunate defeat of the trade deficit, 3.2 million lost jobs in but forcing others who felt they must balanced budget amendment in the manufacturing to overseas competi- follow the lead of Wall Street. Those other body, it is more imperative than tion, and it is working just fine? people are now being given special ever that this body now exercise fiscal That underlies to a tremendous ex- privileges by the House of Representa- discipline. That is exactly what the tent this crash in the dollar. And the tives so they will be immune from new House majority will deliver. other part is our linkage to Mexico. stockholder lawsuits and they will be And, Madam Speaker, I admit it The peso has reached a new low today, immune from forgetting to tell you won’t be easy. The President unfortu- and despite our promise of a $50 billion something. That is their reward. nately has abdicated its responsibility, bailout, Mexico is in a tailspin like you It is time to get serious about trade hasn’t given us anything near a bal- would not believe. and turn these issues and say no to anced budget. About a month ago an analyst, a fi- Wall Street and get America back on We know the American people are be- nancial analyst named Christopher track. hind us. They understand what is at Whalen sat in my office and he said, If f stake. They are smarter than many the United States is going to put up $40 The SPEAKER pro tempore. Under a politicians give them credit. And work- billion to bail out Mexico, they better ing together, we will get the job done. previous order of the House, the gen- be willing to put up $150 to bail out Working together with the American tleman from Connecticut [Mr. FRANKS] Mexico because it will trigger a run on people, we will balance the budget. is recognized for 5 minutes. the United States dollar. And that has f [Mr. FRANKS of Connecticut ad- come to pass. dressed the House. His remarks will ap- The SPEAKER pro tempore. Under a The people downtown and the apolo- previous order of the House, the gen- pear hereafter in the Extension of Re- gists on that side of the aisle for these marks.] tleman from Georgia [Mr. BISHOP] is trade policies and for the Mexico bail- recognized for 5 minutes. out, and the Speaker who would not f [Mr. BISHOP addressed the House. lift a hand and would not allow us to A MAJOR ECONOMIC CRISIS IS His remarks will appear hereafter in bring a bill to the floor to stop the BREWING the Extensions of Remarks.] Mexico bailout, those people have The SPEAKER pro tempore. Under a f nothing to say. They would say there is previous order of the House, the gentle- no linkage. The SPEAKER pro tempore. Under a woman from Ohio [Ms. KAPTUR] is rec- Read today’s New York Times. The previous order of the House, the gen- ognized for 5 minutes. administration’s biggest problem may tleman from Florida [Mr. WELDON] is Ms. KAPTUR. Madam Speaker, I be that the world is believing the rhet- recognized for 5 minutes. wish to associate myself with the re- oric it employed to win support for its [Mr. WELDON of Florida addressed marks of the prior speaker. There is no $20 billion aid package for Mexico’s the House. His remarks will appear question that the value of our Nation’s troubled economy. Especially Mr. Clin- hereafter in the Extensions of Re- currency on international markets is a ton’s insistence that the Mexican and marks.] measure of our Nation’s economic American economies are intertwined. f strength and economic health. And Today with the Mexican Government over the past few days and weeks, our TIME TO GET SERIOUS ABOUT racing to take over failing banks, sta- dollar has hit historic lows against cur- TRADE bilize a tumultuous political situation, rencies of all the nations that we trade The SPEAKER pro tempore. Under a the peso dropped to a new low. And de- with. In fact, it is at the lowest level, previous order of the House, the gen- spite the bailout, the peso is now weak- our dollar’s value, since World War II. tleman from Oregon [Mr. DEFAZIO] is er than it was when we announced the That is a longer time than many people recognized for 5 minutes. $50 billion package. in this Chamber have been alive. so it Mr. DEFAZIO. Madam Speaker, the The speculation in the markets is has not been at this point for decades. gentleman who proceeded me talked now that the package may not be The dollar’s exchange value stands at about a looming crisis, and I am in enough to do the job. $50 billion to ex- a scant 92.8 yen to the dollar. I can re- agreement with him regarding the im- port jobs to Mexico to run a $12 billion member when it was 240 yen to the dol- plications of our continuing deficit and trade deficit with Mexico next year and lar and 1.4 German marks against the mounting debt, but there is a more im- it is not enough? How much is enough dollar. In other words, the dollar is not mediate economic crisis confronting for these apologists, for a failed trade looking so good to the rest of the this country and we are hearing little policy? Some people are going to have world. It is losing its value. It is look- of it, little discussion of it here on the to admit that they were wrong. ing cheap. floor of the House of Representatives NAFTA is not working the way they Little that our Treasury Department or in the other body or downtown at told us it would. It has put the United or Federal Reserve have been able to do the White House. States into an international tailspin. over the last few days to give the dol- Why might that be? Because too We have linked ourselves to a collaps- lar a boost has worked. In fact, they many people are implicated in the poli- ing Third World economy and there is put over $2 billion into buying cur- cies that led up to that crisis and they no end in sight. rencies around the world over the don’t want to talk about it. And what are we doing on the floor of weekend and it did not do any good. The dollar today for the third day in the House of Representatives? Are we Did not do any good, had no impact on a row hit a postwar low. Here is what considering legislation that would ad- stopping the dollar’s further decline. the dollar’s decline looks like over the dress this? Are there emergency hear- b last 10 years. The dollar has fallen to ings going on here in the Congress to 2000 just about a third of its value com- deal with the crashing dollar and our Now, what does this really mean to pared to the Japanese yen in a mere 10 alliance with Mexico and the $50 billion families in our Nation? It means that years. trade bailout? No, in fact, ironically our money, our people’s money, cannot A few days ago, we announced that today and tomorrow on the floor of the buy as much, not just here at home, we had the largest trade deficit in the House we are considering special legis- but abroad. It means that interest history of the United States: $160 bil- lation to give special privileges to poor rates in our country rose seven times lion. We borrow $160 billion from for- beleaguered Wall Street stockholders over the last 12 months, even though eign nations so that we could buy their who have lost their money or people most people were going, well, why are goods when they were not buying ours. who have lost their pension funds. interest rates going up? There is really H 2788 CONGRESSIONAL RECORD — HOUSE March 7, 1995 no inflation. What is happening here? went down again in terms of its own laxation of the embargo if Castro Banks are raking in good money off of value. makes what they consider to be a posi- our people, and though there is no in- Madam Speaker, I ask unanimous tive move toward democracy. flation on the horizon, we see that our consent for an additional minute. Madam Speaker, this is the height of Nation is raising interest rates to at- The SPEAKER pro tempore (Mrs. naivete and an utter denial of the re- tract money from other places because VUCANOVICH). The Chair is constrained ality of the way that Castro operates. our money is not worth as much. not to entertain such a request during For 36 years, the United States has In fact, we are now, the United the 5-minute period. The Chair is ad- been waiting for concessions from Cas- States of America, the largest debtor vised that the 1-minute extension that tro and we have gotten none. In the nation in the world, and through was allowed the gentleman from Ala- 1960’s, all we got were screams of NAFTA, we linked ourselves to Mexico bama earlier this evening was a par- ‘‘paredon, paredon,’’ announcing the and Canada, and North America is now liamentary error. execution of yet another Cuban. In the the largest debtor continent on the Ms. KAPTUR. Oh, was an error. All 1970’s, we got the exportation of revolu- face of the planet. right. tion, not only to Latin America, but And the markets know it. For 15 Madam Speaker, let me just say in also to Africa, where thousands of years our country has been importing closing, is not it time someone in this young Cubans were sent to their deaths vast amounts of merchandise, more House rang the alarm bell to say in the name of the revolution. than we exported. In fact, last year, enough is enough, and I call on Speak- And in the 1980’s, we got rectification 1994, we had the largest merchandise er GINGRICH to allow our bills to move and a special period of peace, which trade deficit in the history of our coun- to the floor to stop the further outflow squeezed the Cuban people to mere sub- try; as Congressman DEFAZIO ref- of taxpayer dollars to Mexico. sistence. erenced, over $166 billion more of goods f Today, we get word of reforms, cos- coming in here than we sent out. metic reforms, which are just a mask In effect, what we have, we have a AMERICAN POLICY ON CUBA of the sad reality, the utter failure of decapitalization of the United States of The SPEAKER pro tempore. Under a Castro and of his Communist revolu- America; production that used to be previous order of the House, the gentle- tion. done here is being done somewhere woman from Florida [Ms. ROS- However, through all these decades, else. We are importing all this stuff LEHTINEN] is recognized for 5 minutes. one element of the Cuban regime has and then we have to pay for it with Ms. ROS-LEHTINEN. Madam Speak- remained intact, the absolute control borrowed money. Doesn’t sound like a er, earlier today, we were privileged to of Castro over the island of Cuba and very smart policy to me. have had the Auxiliary Bishop of the the denial of political and civil rights Last year, our deficit with Japan Archdiocese of Miami, Agustin Roman, to the Cuban people. went up even more, to over $65 billion. deliver the opening invocation. In addi- Unbelievably and apparently, some Our deficit with China went up to near- tion to being a model human being and within the Clinton administration still ly $30 billion, and the former surplus a great role model for our south Flor- believe that Castro can reform and that we had had before NAFTA with ida community, Bishop Roman is one that it is somehow the fault of the Mexico dried up and went into the neg- of the many victims of the Castro re- United States that Castro has re- ative numbers in October and Novem- gime. mained unwilling to change. ber of last year, and with the incredible You see, the bishop, who is a native Just today, at an International Rela- devaluation of the peso, it is estimated of Cuba, was expelled from his own tions hearing, I was once again sur- that this year of 1995, the United country in 1961 after armed militia prised by a member of the administra- States will yield nearly $15 billion men entered his church and at gun- tion on the policy toward Cuba. On a more of trade deficit in the red with point led Bishop Roman and 132 other hearing on the Mexico bailout plan, a Mexico. priests out of the country. Since then, state official made the incredible state- In other words, Mexico will be send- the bishop has made it his personal ment that Mexico does not ‘‘provide as- ing more goods to this country than we mission to diffuse God’s word around sistance to the government of Cuba.’’ will be sending down there. That is not the world and to bring liberty and de- This is a disingenuous statement, how NAFTA was supposed to work. It mocracy to Cuba. considering that Mexico is one of the is clear that since the middle of Feb- Of Course, Bishop Roman was not the leading investment countries in Cuba ruary, and like Mr. DEFAZIO, I have a first nor the last victim of the tyrant and that the Mexican Government ac- chart that shows the value of the U.S. who has ruled Cuba for 36 years. As we tively encourages Mexican investors to dollar going down. Since the mid-1980’s saw in this summer’s rafter exodus, invest in the island. Thus Mexico, until the most recent period here after millions of Cubans still linger in the through its policy of investment pro- the Mexican peso was devalued, to misery and oppression which Fidel Cas- motion in Cuba, directly encourages which we have not linked ourselves in- tro and his band of goons have imposed the subsidizing of the repression of the separably, the value of our dollar has on the island. Cuban people. Leave it to the Clinton dropped at the fastest rate in the his- Most of these Cubans have fled the is- administration officials to once again tory of our country, and like Mr. land this summer and risked their lives ignore the obvious. DEFAZIO, I am shocked there are no in hopes of reaching the shores of free- Furthermore, we have still not heard emergency hearings in the Congress. dom, and they remain today detained a word from the President on the re- There is no word from the White like common criminals behind the cently introduced Cuban Liberty and House. At least the newspapers are re- barbed wire of their Guantanamo Base Democratic Solidarity Act introduced porting, and it has been in top head- refugee camps. by Senator JESSE HELMS and Congress- lines in USA Today, in the New York This policy by the Clinton adminis- man DAN BURTON, and this bipartisan Times, in the Wall Street Journal. You tration has been a very unfortunate legislation is a joint effort by Demo- think Washington fell comatose on this shift in U.S. policy toward Cuba, which crats and Republicans to tighten the one. previously gave the oppressed Cuban Cuban embargo against Castro. How- There is a major economic crisis people the opportunity to begin a new ever, as of today, the President has re- brewing, and money is flowing out of and productive life in the United mained silent. our Treasury to try to prop up the States, and at the onset of this policy Madam Speaker, on a recent trip to Mexican peso, a few billion dollars. Ac- the President promised tougher sanc- Guantanamo, led by a very knowledge- tually there is more money that has tions against Castro. But as today’s able chairman of the Western Hemi- flowed out of the Treasury to prop up front page story in the Washington sphere Subcommittee, Congressman the Mexican peso than money has Post reports, advisers to the President DAN BURTON, as well as with Congress- flowed out of the Treasury to prop up are considering proposing a plan to the men LINCOLN DIAZ-BALART, BOB the United States’ dollar in inter- President which calls for the easing of MENENDEZ, MARK SANFORD, VIC FRAZ- national markets, we learned this sanctions against Cuba and which ER, and JOHN MICA, we were able to morning. What happened today? Peso promises Castro to consider further re- once again visit with the victims of the March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2789 Castro revolution, the sons and daugh- Sugar production and Castro’s ability to pur- to Castro. It is the time to go the other ters of the revolution as Castro has chase oil are at an all time low, the sanc- direction and to help Cuban people to called them, and they are now his main tions you implemented last August 20th are gain their freedom. adversaries. having a strong effect, and numerous signs point to the inevitable collapse of the com- f Madam Speaker, I call on the Presi- munist tyranny. dent to understand that dialogue and Any gesture along the lines being sought THE DAVIS–BACON ACT concessions are not the answer. Tough- by Mr. Halperin at this time, such as author- The SPEAKER pro tempore (Mr. er sanctions are, and that is where U.S. izing U.S. business to engage in the unre- DUNCAN). Under a previous order of the policy should be directed. stricted sale and financing of medicine, med- House, the gentlewoman from Con- The stronger religion grows, the ical supplies, medical equipment or food to Castro; lifting your August 20th sanctions, necticut [Ms. DELAURO] is recognized harder it may be for Castro to keep his for 5 minutes. monopoly on power. banning charter flights and remittances; al- lowing financial transactions or travel for Ms. DELAURO. Mr. Speaker, Repub- f so-called academic, cultural and scientific licans in Congress have begun their as- The SPEAKER pro tempore (Mr. exchange, public exhibitions or performances sault on one of the most important DUNCAN). Under a previous order of the or activities of alleged religious organiza- workers’ rights acts of the 20th cen- House, the gentleman from Illinois tions; loosening travel restrictions to allow tury, the Davis-Bacon Act. This impor- unrestricted travel by U.S. citizens or allow- [Mr. GUTIERREZ] is recognized for 5 ing business or tourist travel; allowing the tant law protects the American stand- minutes. establishment of U.S. news bureaus in Cuba ard of living by ensuring that workers [Mr. GUTIERREZ addressed the or Cuban news bureaus in the United States; on federally-funded construction House. His remarks will appear here- or ceasing to regulate financial transactions projects are paid at the wage rates that after in the Extensions of Remarks.] related to the establishment of news bureaus prevail in their communities. To repeal in communist Cuba; entering into so-called f the Davis-Bacon Act would be a slap in negotiations with the government to settle the face to the American worker. AMERICAN POLICY ON CUBA U.S. property claims or any other friendly gesture toward Castro at this time of almost The Davis-Bacon Act was passed in The SPEAKER pro tempore. Under a unprecedented repression would constitute a 1931 and signed by a Republican Presi- previous order of the House, the gen- form of the complicity with the ferocious op- dent. It was the first Federal wage law tleman from Florida [Mr. DIAZ- pression of the Cuban communist dictator- to provide prevailing wage protection BALART] is recognized for 5 minutes. ship against its people. to nongovernment workers. Mr. DIAZ-BALART. Mr. Speaker, We hope that you will remain firm in the Now, Republicans in Congress are enforcement of our sanctions against the threatening to repeal this historic leg- back in December, my office began to Cuban dictatorship by resisting the pressures get reports from within the Clinton ad- of those who would throw in the moribund islation. At a time when the number ministration that advisers, foreign pol- Cuban totalitarian regime. one concern of middle-class working icy advisers to the President, were ad- families is a declining standard of liv- vising him to send a gesture of friend- He very courteously answers in Janu- ing, repealing the Davis-Bacon Act ship to Castro. After I got the third re- ary, stating, ‘‘I assure you that our would be devastating. The very heart port from within the administration Cuban policy will remain focused on of this law is protecting the American that foreign policy advisers to the bringing about a peaceful transition to standard of living. President were pressuring the Presi- a democratic regime and will be guided But you do not have to take my word dent to do that, to send a gesture of by the Cuban Democracy Act.’’ Basi- for it. Just look at what has happened friendship to Castro, Congresswoman cally, he goes on saying that we won’t in States that have present repealed be pressured. Then he says, please be— ROS-LEHTINEN and I sent a letter to the prevailing wage laws. Economists at President, where we expressed our deep ‘‘Please be assured as well that I have the University of Utah have written a concern about those reports, and I have confidence in the advice that I am comprehensive study of the effects of being given on Cuba. That advice has got that letter here and I would like to repealing prevailing wage laws in nine and will continue to reflect the admin- read it if I can. States during the 1980’s. istration policy and the principles of ‘‘Mr. President’’—this was back in The University of Utah study found the Cuban Democracy Act. I look for- December— that the repeal of prevailing wage laws ward to working with Congress in pur- had a destructive economic impact. We have received deeply disturbing reports suit of our common objective of a free From their analysis of these repeal from within your administration concerning and Democratic Cuba.’’ States, authors of the report project efforts by Mr. Morton Halperin to achieve Now, today the Washington Post on the implementation of a policy initiative by that the Federal Davis-Bacon Act the front page has an article, Clinton the White House that would benefit the would hurt the national economy in may ease sanctions on Cuba. Talk Cuban communist dictatorship. the following ways: These reports are made even more alarm- about a direct leak. President Clinton’s foreign policy advisers are recommend- Federal income tax collections would ing by the fact that Mr. Halperin is the fall by $1 billion per year because of member of your National Security Council ing, this is not—we hear it is possible, staff, whose nomination to a sensitive De- there are reports, no, beginning of the the decline in construction earnings. partment of Defense position had to be with- article, front page of the Washington As a result, the Federal deficit would drawn when the Democratic-controlled Sen- Post, President Clinton’s foreign policy dramatically increase. ate would not confirm him. Throughout his advisers are recommending he take Each construction worker would see career, Mr. Halperin has shown faulty judg- steps towards easing relations from his or her annual earnings fall by ment in relation to threats emanating from $1,477. The total national loss due to Castro’s Cuba. After Castro’s incursions into Cuba by revoking some economic sanc- tions adopted against the Nation in this reduction in construction earnings Angola and Ethiopia, for example, Mr. would be $4.6 billion each year. Halperin inaccurately wrote that ‘‘every ac- August, administration’s officials said tion which the Soviet Union and Cuba have yesterday. A massive increase in cost overruns and use of expensive change orders. In taken in Africa has been consistent with the b principles of international law. The Cubans 2015 the case of Utah, which repealed its have come in only when invited by a govern- This is the Washington Post today. State prevailing wage law in 1981, cost ment and have remained only at their re- So how does one reconcile the letter overruns on State financed roads tri- quest.’’ from the President, where he says, I pled over the next decade due to the ‘‘As you know, Mr. President’’—we am not yielding to pressure, we are low-ball bidding practices. The lack of continue in the letter, in December— going to maintain our sanctions, please a prevailing wage will encourage simi- be assured that I have confidence in lar overruns at the national level. On August 5th of this year, approximately Prevailing wage laws were designed 30,000 Cubans spontaneously took to the the advice I am getting, and this arti- streets in Havana demanding freedom. De- cle. to achieve a simple goal: to prevent spite a terrible crackdown by the regime, Cu- We need to continue talking about government from using its purchasing bans throughout the island are demanding this. This is very serious, very serious. power to undermine the wages of work- democracy in ever-bolder forms of action. This is not the time to throw a lifeline ers. It is a law that works. It works for H 2790 CONGRESSIONAL RECORD — HOUSE March 7, 1995 our workers, for their families, our tions, superhighways, all are built to REPEAL OF DAVIS-BACON communities, and our economy. the highest specifications by the most The SPEAKER pro tempore. Under a American workers are already on an qualified, well-trained workers. That is previous order of the House, the gen- economic treadmill, working longer why Davis-Bacon protects the standard tleman from Texas, Mr. GENE GREEN, is hours and earning less, struggling to of living of all Americans. recognized for 5 minutes. buy homes, struggling to send their Now, we are going to hear in the de- Mr. GENE GREEN of Texas. Mr. kids to college. The Davis-Bacon Act bate that follows in a few days, in the Speaker, a number of us are taking the helps many American workers to keep months ahead, that eliminating Davis- pace. To repeal it now would turn up floor tonight in an attempt to respond Bacon will save the government bil- to some of the misinformation used to the speed on the economic treadmill lions of dollars, that Davis-Bacon adds and put the American dream out of justify the repeal of the Davis-Bacon, a to the cost of government at a time law that requires fairness for our work- reach for too many working families. when we can ill afford that. ers. The Davis-Bacon Act provides a Mr. Speaker, I am pleased to be here Mr. Speaker, the facts say otherwise. process in which the Federal Govern- tonight with several of my colleagues In fact, eliminating Davis-Bacon will ment and many local governments who are going to address this very, not save the government money. Lower must pay workers in a specific area the very important issue. wages, it turns out, does not mean same wage on federal contracts as any f lower cost. And why is that? As has other contract. There are several argu- The SPEAKER pro tempore. Under a been shown in comparison after com- ments put forth by the Republican ma- previous order of the House, the gen- parison, high-wage states complete the jority or at least some of the Repub- tleman from Kansas [Mr. TIAHRT] is work of the Davis-Bacon contracts lican majority, because I would like to recognized for 5 minutes. with 56 percent fewer hours worked. insert into the RECORD a letter from High-wage states, as contrasted to low- [Mr. TIAHRT addressed the House. President Reagan in 1981 showing his wage states, build 74.5 more miles of His remarks will appear hereafter in support for Davis-Bacon Act. the Extensions of Remarks.] roadbed and 33 more miles of bridges f for $557 million less, and at the same WE AGREE WITH PRESIDENT REAGAN JUST SAY time workers received a wage package ‘‘NO’’ TO REPEAL DAVIS-BACON: PROTECTING THE more than double that in those low- THE WHITE HOUSE, AMERICAN STANDARD OF LIVING wage states. Washington, September 29, 1981. The SPEAKER pro tempore. Under a In addition, if Davis-Bacon were re- Mr. ROBERT A. GEORGINE, previous order of the House, the gen- pealed, construction employees would President, AFL–CIO, Washington, DC. ILNER be misclassified as independent con- tleman from California [Mr. F ] is DEAR BOB: I want to acknowledge the recognized for 5 minutes. tractors and the government would be Building and Construction Trades Depart- Mr. FILNER. Mr. Speaker, I join cheated out of billions of tax dollars. ment letter of September 11 concerning ef- with several of my colleagues tonight As my colleague, the gentlewoman forts to repeal the Davis-Bacon Act. I have to discuss the Davis-Bacon Act, an act from Connecticut, [Mr. DELAURO], asked the Secretary of Labor to respond di- which for more than six decades has pointed out, nine States have already rectly, but I want to assure you and your protected the standard of living of all repealed their little Davis-Bacon acts General Presidents that I will continue to Americans. We are going to hear in the because they have found out that tax support my campaign pledge do not seek re- debate that comes up as there are ef- collections actually fell because of peal of the Act. forts to repeal this act that somehow lower rates. The Federal Government, With best wishes. Very sincerely, the Davis-Bacon Act merely helps a it has been estimated, will lose nearly RONALD REAGAN. few union workers, that it is a special a billion dollars a year because of the interest law for only a few. decline in construction earnings. That The arguments revolve around the Mr. Speaker, Davis-Bacon benefits is simply not a very smart way to ad- act being racist, as barring minorities all Americans. It does help union work- dress our deficit problem. from earning prevailing wages and add- ers who have negotiated good wage In addition, construction injuries in- ing costs to Federal contracts for mul- rates across America. But it helps non- crease by 15 percent in non-Davis- tiple reasons. union construction workers also be- Bacon States, and that results in enor- Let us take the issue of Davis-Bacon cause prevailing wages in almost 75 mous loss-of-work days and productiv- being racist Federal law. This argu- percent of communities across the ity. ment is based on language that was country are based on nonunion pay So, Mr. Speaker, not only does Davis- passed, was discussed when this origi- scales and because Davis-Bacon ex- Bacon benefit all Americans; repealing nal bill was passed in 1931. I would sub- tends the same protections to non- it will not reduce any cost. It may, in mit to the House that many things said union workers as it does to union mem- fact, raise the cost of doing business. in 1931 and the early 1930s on this bers. My own district in San Diego has a House floor could not be used today, Davis-Bacon benefits communities majority of residents who are either but that still means that Davis-Bacon like my own in San Diego, because African-American or Hispanic. They al- is not a racist law. wages in our city are protected from ways ask, is anything I propose or any- A Congressman Upshaw from Georgia cutthroat out-of-State lower wage thing that I favor harmful or of benefit in 1927 asked Congressman Bacon if labor and our economy is enriched be- to ethnic minorities? this bill was based on preventing a cause our working people maintain the Mr. Speaker, Davis-Bacon protects large aggregation of Negro labor, and purchasing power to keep our own all working people, regardless of race Congressman Bacon vehemently stated small businesses thriving and our own of ethnicity. The intent of the act is to that any influx of labor, union or non- retail operations going. mandate that a fair and liveable wage union, regardless of race, being paid Contractors in our community are be paid to every worker to stabilize below prevailing wage would be det- helped because they have a level play- local wage rates. rimental to a local job market. Stating ing field on which to compete and our Mr. Speaker, we must not repeal that Davis-Bacon is racially biased also taxpayers are benefited because they Davis-Bacon. assumes that minorities are not earn- can rely on quality and the productiv- ing a prevailing wage. That argument ity, the timeliness, the reliability that f that repealing Davis-Bacon helps mi- more than compensates for the addi- The SPEAKER pro tempore. Under a nority workers goes against docu- tional wage cost. previous order of the House, the gen- mented proof to the contrary. All our citizens, Mr. Speaker, are tleman from Georgia [Mr. KINGSTON] is I would also like to insert into the benefited because all the construction recognized for 5 minutes. RECORD a resolution from the NAACP projects we rely on, whether they be [Mr. KINGSTON addressed the House. in its July 1993 convention supporting bridges or schools or dams, nuclear His remarks will appear hereafter in Davis-Bacon and the continuation of waste removal sites, military installa- the Extensions of Remarks.] Davis-Bacon. March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2791 RESOLUTION PASSED BY THE NAACP AT ITS of the respondents were union, 38 per- have to increase taxes and increase ANNUAL CONVENTION, JULY 1993 cent. spending. V. LABOR AND INDUSTRY To say that this wage is union wages Mr. Speaker, the rhetoric; the gen- 1. Davis-Bacon Act—Concurred. is just not correct. If that is to say tleman from Missouri [Mr. GEPHARDT], Whereas, people of color have entered the that 38 percent make up the distinction years and years and years, I have the construction industry in increasing numbers on this survey by the Davis-Bacon documentation, every single tax vote in the past. Today, they are threatened with source book, then we Democrats in the that the minority leader now claims the loss of many of the economic and social that, It is only for the rich, and we are gains made over the last several years; and, House are now in the majority, Mr. Whereas, the Davis-Bacon Act of 1931 pro- Speaker, because we could control it trying to help the poor, I have the tects the wages of all construction workers, with 38 percent. records. That is the same rhetoric including minorities and women, who are We should not run headlong into re- since 1970. particularly vulnerable to exploitation; and, pealing a law that for 60 years has Each time, the Democratic package, Whereas, shocking examples of the exploi- stood in its stead. It is based on false- including the Bush package, would re- tation of minorities and female workers on hoods and wishful thinking, particu- solve that. However, here again, he is the construction site, even in the face of the larly that Davis-Bacon was based on saying the same thing. Davis-Bacon Act, the law designed to pro- I look at our two California Senators hibit such exploitation, are legion, racist assumptions, and also that it is Therefore, be it resolved, that the NAACP a union wage that they are saying, that hid behind the balanced budget supports the Davis-Bacon Act, takes steps to with 38 percent only provided. amendment and say they were trying strengthen its enforcement, and supports the Studies of 10 States where 50 percent to protect Social Security, but yet in creation of opportunities through training of the highway and bridge construction the Clinton tax package those same and apprenticeship programs. occurs reveals that workers paid dou- two Senators in the liberal leadership, A 1991 wage survey by the Depart- ble that of low wages built 74 miles those same Members of this body that ment of Labor, reveals that the per- more roadbed and 32 miles more I just mentioned, voted for the Clinton centage of minorities employed by Fed- bridges for $557 billion less. My col- tax package, which increased the tax eral contractors was 20.12 percent as league, the gentleman from California, on Social Security. Yet, our two Sen- opposed to nonfederal projects of 20.56 pointed this out, and I am proud to be ators on the other side are hiding be- percent. A difference of 0.4 percent in here tonight with my colleagues, not hind that, for the balanced budget three categories, craftsman, operators, only from Connecticut and California, amendment. and laborers. Federal contractors have but myself being from Texas, to talk Mr. Speaker, I look at what we have a higher percentage of minorities par- about the benefits that we have by hav- done in the past, and the rhetoric. I ticipation than nonfederal contractors. ing a prevailing wage in Davis-Bacon look at a Clinton tax package in which This also goes against the Senate re- being on our books since 1931. there was a promise of a middle-class port language which states that Davis- tax break, a promise not only in the Bacon protects small businesses, espe- f campaign, but before the actual budget cially minority small businesses, from came forward, and what happened? being undercut in labor costs by large REPUBLICAN PROGRAMS REFLECT Remember the great Btu tax and the contracts. THE TRUE PARTY OF THE MID- Clinton tax package? There was not Davis-Bacon makes no distinction be- DLE CLASS going to be any middle-class tax in tween race, gender or other char- The SPEAKER pro tempore (Mr. that. I heard liberal Democrat after acteristic. It simply requires an em- DUNCAN). Under a previous order of the liberal Democrat come up and say, ployer pay a prevailing wage, a fair House, the chair recognizes the gen- There is no tax increase in the Btu tax, wage. That is it. tleman from California [Mr. there is no tax increase for the middle- The next argument is that Davis- CUNNINGHAM] for 5 minutes. class in this tax package. America did Bacon is a union wage. In the State of Mr. CUNNINGHAM. Mr. Speaker, I not buy it, and you passed a bill that Texas we are a right to work State have heard some of my Democratic col- was so bad that after 45 minutes of which prevents anyone from being leagues talk about the Contract With closing the clock and twisting arms, forced to join a union. Contractors, the America. They say it is detrimental, you passed it by 1 vote, when then perfect example of small business, the but if you look at those Members that Speaker Foley shut down the clock, engine of job creation, are the only re- are saying that, those are the same twisted arms until you could pass that spondents to job surveys that are sent Members that voted against the bal- bill. out by the Department of Labor. Wage anced budget amendment. The rhetoric? $600 billion in new surveys are sent out and in a geo- If you look at the Contract With taxes and fees, a defense cut of $177 bil- graphic area to obtain the wage and America, on the items that we have lion, and sure, you can apply some of benefits paid by contractors and sub- covered so far, take a look at the his- that to the deficit, but in that you in- contractors. They are not sent to union tory of this House. Have you seen votes crease the tax on Social Security, you halls or to union officials. as fast and as many Republicans and cut the veterans’ COLA, so who is real- Democrats supporting those Contract ly playing the rhetoric? b 2030 items? The bottomline, Mr. Speaker, is that Mr. Speaker, I want to stress the fact Congress falls under the same laws, the middle-class marginal tax rate that at no time does a union official the balanced budget amendment, the went up under the Clinton budget. send in a wage survey. It is actually line-item veto, unfunded mandates, 290 Every Member that is speaking here the employer who sends them in. A votes to 340 votes, Mr. Speaker; bipar- against the Contract not only voted contractor who decides on his own to tisanship. Who voted against that bi- against the balanced budget amend- be a union contractor obviously sends partisanship? The liberal and socialist ment, but voted for that Clinton tax, in that survey, but he does not rep- Members of the Democratic party. which increased the marginal tax rate resent the union. Even members of their own party have of the middle-class from $17,000 and On the form contractors use to report separated themselves from the liberal above, yet they say they are the party wage information, form WD 10, it calls leadership. of the middle-class? for a contractor to respond. There is no If you take a look at those who voted A balanced budget, Greenspan has area for a labor leader or any other against it, the gentleman from Mis- said, will bring interest rates down by labor representative to respond. souri [Mr. GEPHARDT], the gentleman 2 percent. That will provide capital. The process allows contractors of all from Michigan [Mr. BONIOR], the gen- Take a look at the items that we want- sizes in a geographic area to decide tleman from California [Mr. FAZIO], ed to do: capital gains reduction, that what level they will pay their workers, why? Because they support big govern- is only for the rich? Malarkey. America while protecting the job market from ment, government doing everything for sees through that, and they support a large multistate contractors. In recent everybody. The only way they can do capital gains reduction. surveys on building trades, the Depart- that is to have a big bureaucracy, and Where we want to limit the amount ment of Labor showed that 38 percent to support that big bureaucracy, they of growth, growth is projected by over H 2792 CONGRESSIONAL RECORD — HOUSE March 7, 1995 50 percent in spending by the year 2002. Individual and industry contractors port for this particular act, because We want to limit growth to 30 percent. benefit, because in discouraging com- quite honestly, it helps American be- Yet, the tax and spend liberals said, We petition that would be based on the cause it helps America’s workers and are cutting these programs, we are lim- payment of substandard wages, the act American’s contractors. iting the growth. promotes a greater availability of I would hope at this time, Mr. Speak- We are not cutting any programs, skilled construction workers. The act, er, that we would see the value in Mr. Speaker. I take a look at the mi- by enduring more stable and predict- maintaining the act and move forward nority leader, I take a look at the so- able wages, facilitates the recruitment, from there. cialist leadership in the Democratic the training, and the retention of Ms. ESHOO. Mr. Speaker, it puzzles me Party, and I am glad they are in the skilled construction workers. why the Republicans are determined to repeal leadership, because even in their own Mr. Speaker, let us talk about who the Davis-Bacon Act. After all, this law has its party, from the Black Caucus, from the loses if the Davis-Bacon Act is re- origins in State initiatives, was written by two liberal leadership, those Members have pealed. More than a half a million con- Republicans, and has been declared success- separated themselves from that kind of struction workers would suffer reduced ful by a leading Republican economist. If this rhetoric that we can no longer afford, earnings and a lower standard of living isn't a winning combination as the majority de- give me more society that will not ac- if the act were to be repealed. Individ- fines it, then what is? cept responsibility for their own ac- ual construction firms and the con- Despite current GOP claims to the contrary, tions. struction industry as a whole may also the Davis-Bacon Act is based on years of lose if conscientious contractors are State experience with prevailing-wage stand- f forced to compete with the fly-by-night ards prior to its passage by Congress. Back in and low-balling contractors who pay 1891, Kansas adopted the country's first pre- URGING MEMBERS TO SUPPORT depressed wages and offer workers no vailing-wage statute, and at least six other MAINTAINING THE DAVIS-BACON benefits. States had passed similar legislation before ACT Taxpayers would lose if the act is re- the first prevailing-wage law was introduced in The SPEAKER pro tempore. Under a pealed. Given the way labor markets Washington. previous order of the House, the gen- operate, savings to be achieved through By the late 1920's, Republicans in Congress tleman from California [Mr. BECERRA] lower wages would be offset by the were extremely concerned about increasing in- is recognized for 5 minutes. lower productivity of less skilled and cidents of cutthroat Federal bidding by fly-by- Mr. BECERRA. Mr. Speaker, I would less experienced workers. Their work night contractors using low-wage labor. With like to first begin by thanking several product, roads, bridges, building, then shoddy construction threatening massive Fed- of my Democratic colleagues who came become the public’s responsibility. If eral building programs, Representative Robert here tonight to speak in support of the the work product is of low quality, BaconÐa New York RepublicanÐintroduced Davis-Bacon Act, which now is in jeop- then that is a consequence that tax- the forerunner of the Davis-Bacon law. ardy of being repealed by the new Re- payers will be forced to live with. With the help of Senator James DavisÐa publican majority. Mr. Speaker, repeal of the Davis- Republican from Pennsylvania and former Mr. Speaker, I want to thank them, Bacon Act is not a money saver. Con- Labor Secretary under three Republican Presi- because this is an issue which goes di- trary to what the Republican majority dentsÐthe Davis-Bacon Act was eventually rectly to my family situation and to is saying these days, repeal of Davis- passed and signed into law by President Hoo- my heart. My father is someone who Bacon would not automatically save ver in 1931. had the chance to benefit from the the Government money, because well Since that time, the Davis-Bacon Act has Davis-Bacon Act. My father is a retired educated, well-trained, and fairly paid proven to be a remarkable success for local construction worker, a road construc- workers are more productive than their communities, minorities, and American tax- tion worker. Many of the roads that poorly-trained low paid counterparts. payers. people use in California, from Highway They often bring in projects at less Local communities have benefited because 5 and other highways that were con- cost than those using low-wage work- their wages have been protected against low- structed in the big days of the sixties ers. balling, out-of-State contractors, while their and seventies, those roads were con- Repeal of Davis-Bacon also threatens economies have been enriched by residents structed in part by men like my father. worker safety. When productive, maintaining enough purchasing power to keep My father never earned a lucrative skilled, properly-trained labor is hired locally owned businesses thriving. wage, but he did earn a decent wage. at a Davis-Bacon wage, safety and Minorities have benefited from the Davis- This is, in my opinion, an Act, the health are also hired. The use of un- Bacon Act's protection of wage gains made Davis-Bacon Act, which made it pos- trained, poorly-skilled workers results over the years, and become heavily employed sible for my family to have some secu- in a higher occurrence of injuries and in the construction industry because of the de- rity and some decency in its living fatalities on the Nation’s job sites. cent wages it pays. standards. I know when I speak on be- Repeal may also threaten public safe- In addition, the percentage of minorities em- half of those who support the Davis- ty, as poorly trained workers are more ployed by Federal contractors is higher than Bacon Act that I speak not just for likely to make dangerous mistakes. the percentage of minorities employed by non- them, but also for my father. Mr. Speaker, what would happen if Federal contractors, which reflects the positive Mr. Speaker, to repeat what some of Davis-Bacon were repealed? Each con- impact Davis-Bacon has had for minority work- the Members have said before, the struction worker would see his or her ers. Davis-Bacon Act is an act that passed annual income fall by about $1,477. Finally, Davis-Bacon has benefited Amer- in 1931. It was an act that passed That may not seem like a lot to some ican taxpayers. Dr. John DunlopÐSecretary of through the sponsorship of Republican people, Mr. Speaker, but think of it Labor under President FordÐhas concluded legislators and was signed by a Repub- this way. $1,477 pays for about half a that any additional costs incurred by paying lican President. year’s worth of groceries for an average prevailing wages have been offset by better The law merely mandates that tax- American family. quality, productivity, timeliness, and reliability payer dollars go to contractors who For my family when I was growing on Federal projects. It's vital for our bridges, offer the greatest quality craftsman- up, and my father and my mother were schools, dams, nuclear waste removal ship, the highest productivity, the working hard, that was a tremendous projects, military installations, and super- quickest turnaround, and the best amount of money. It would have af- highways to continue to be built to the highest management. The primary purpose of fected the way we lived and the stand- specifications by the most qualified, well- the law is to assure that by requiring ard of living that we were able to have, trained workers availableÐand the Davis- the payment of locally prevailing which was very meager. It would have Bacon Act ensures that will happen. wages, that Federal spending practices affected it greatly. Mr. Speaker, for over 60 years, Davis- do not undercut the wages of hard- Members of Congress have supported Bacon has been an unqualified success. It working people, and that they do not the Davis-Bacon Act in the past on a must be preserved. put local contractors and their employ- bipartisan basis. I hope, Mr. Speaker, Mr. ENGEL. Mr. Speaker, the opponents of ees in an unfair competitive situation. that we have that same bipartisan sup- the Davis-Bacon Act have mounted an attack March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2793 to repeal a law that helps American workers. fore taking any further action to repeal Davis- Bacon work by stabilizing the construction in- This is nothing more than an effort to pull the Bacon, all Members should take a look at dustry, keeping fly-by-night operations from rug out from under working people. As the son what has happened in the nine repeal States. operating; keeping health and safety stand- of a dedicated ironworker, I resent this shame- A recent, February 1995, study conducted ards in effect, and assuring that all workers, ful union bashing and the implication that the by the University of Utah, one of the nine including apprentices, are well-trained and workers of this country are not entitled to a States having repealed their State Davis- able to contribute to cost-effective productivity decent wage for their labor. Bacon Act, showed that: at the work site. Davis-Bacon is a law that actually strength- First, it resulted in driving down construction Davis-Bacon assures that federally assisted ens our economy and helps America. Contrac- earnings and the loss to the State's coffers of construction projects are completed by well- tors and American workers both benefit from substantial income tax and sales tax reve- trained, decently-paid workers, not store-front its provisions. I ask you to consider these nues. operations who use poor workmanship and facts: Second, as a result of the repeal of the shoddy materialsÐmeaning higher mainte- Repealing Davis-Bacon will result in lower State statute in Utah, the size of total cost nance costs and costly rehabilitation and re- wages for half a million Americans. Construc- overruns on State road construction tripled, pairs down the line. It means fewer cost over- tion workers is the United States who currently and there has been a major shift to a less- runs that drive up the total cost of construc- receive prevailing wages could lose $1,400 skilled labor force, lowering labor productivity tion. annually if Davis-Bacon is repealed. The aver- along with wages, and increasing injuries and For many years Congress has made efforts age annual earnings of a construction worker fatalities in the workplace. to protect the working men and women in con- is $28,000. Isn't this the type of middle-class Third, looking at all States, the study found struction and other industries by assuring that American that we should protect rather than that repeal cost construction workers in the they are paid the local prevailing wage, and punish? nine States at least $1,477 per year in earn- particularly for projects that are paid for out of The prevailing wage law actually generates ings. Federal funds. Now that there has been a shift benefits to local communities 2.4 times the Fourth, the nine State repeals have reduced in the majority parties in Washington, the re- amount spent on a construction project be- construction training in those States by 40 per- peal effort is in full force and is being pursued cause workers spend their money locally and cent. with vigor by opponents of the Act. pay local taxes. Repealing Davis-Bacon could Fifth, minority representation in construction I believe that a repeal of the Davis-Bacon result in the widespread importation of non- training has fallen even faster than have the Act, would be a betrayal to all who are af- local, low-wage workers, causing an adverse training programs in repeal States. fected by the construction industry, and that is affect on local economies. Sixth, occupational injuries in construction every American. Most importantly, it would be According to a study conducted by the Uni- rose by 15 percent where State prevailing a betrayal to the workers who rely on good versity of Utah, repeal of the Davis-Bacon Act wage laws were repealed. wages for a decent livelihood. will reduce Federal tax collections by $1 billion Based on the above six findings, the study I am diametrically opposed to the repeal of per year because of the decline in construc- concluded that Federal income tax collections the Davis-Bacon Act, and I call upon the tion earnings, while simultaneously causing a would fall by at least $1 billion per year in real House of Representatives to continue the massive increase in cost overruns. In States terms for every year for the foreseeable fu- broad, bipartisan support that the Act has en- that have repealed their little Davis-Bacon tureÐif the Federal Davis-Bacon Act were re- joyed to date by rejecting legislation to repeal laws, construction costs have risen because of pealed. Davis-Bacon. substandard work that must be redone when The University of Utah's study concluded f less skilled workers are used on the projects. further that: At the Federal level, construction Davis-Bacon does not require contractors to cost savings would have to be very high in- GENERAL LEAVE pay union wages. 70 percent of the prevailing deed to generate any budget benefit from a Mr. BECERRA. Mr. Speaker, I ask wage schedules are not union wage rates, yet repeal of the Davis-Bacon Act because of the unanimous consent that all Members still allow a fair wage to be paid in the local Federal income tax structure. For example, may have 5 legislative days in which to area to middle class workers. using a conservative estimate of 3 percent revise and extend their remarks on the The Workers Protection Subcommittee of construction cost savings with a 20 percent topic of this special order, the Davis- the House Economic and Educational opportu- marginal tax rate (based on the 1991 level of Bacon Act. nities Committee hurried the markup of the re- Federal construction spending), the Federal The SPEAKER pro tempore. Is there peal of the Act without adequately considering Government would lose $838 million per year objection to the request of the gen- its ramifications. The Subcommittee did not by repealing the Davis-Bacon Act. tleman from California? even allow the Secretary of Labor to testify. For those who falsely claim that a repeal of There was no objection. It's time to bring some reason to this issue. the Davis-Bacon Act would reduce the deficit, At a time when the middle class is feeling the they are wrongÐthe above-cited study f crunch in our economy, the repeal of Davis- showed that a repeal will raise the Federal Bacon would adversely affect the workers that budget deficit, because the purpose and effect REPUBLICAN PROPOSAL ON THE are a productive and important segment of our of a repeal is to lower the cost of wages on SCHOOL LUNCH PROGRAM WILL society. I strongly urge you to fight any at- federally funded construction projectsÐwhich SPEND LESS MONEY ON BU- tempts to repeal this Act. By doing so, you will in turn lower wages and earnings. Proponents REAUCRATS AND MORE MONEY be working to keep our construction industry of the claim that repeal would lower the deficit ON CHILDREN competitive and viable. are wrong also because the study found that The SPEAKER pro tempore. Under a Mr. RAHALL. Mr. Speaker, I rise in support the lower cost of wages cannot be isolated to previous order of the House, the gen- of the continuation of the prevailing wage laws federally financed public worksÐbecause in tleman from Tennessee [Mr. DUNCAN] is embodied in the Davis-Bacon Act, and against fact such wages would decline across the en- recognized for 5 minutes. repeal of this vital act. tire construction labor market causing the Mr. DUNCAN. Mr. Speaker, I do not As you know, Mr. Speaker, on March 2, Government to lose more in income tax reve- serve on the Economic and Educational 1995, the Subcommittee on Worker Protec- nues than it would gain in construction cost Opportunities Committee, but the Re- tions, so-called, voted to repeal the Davis- savings. publicans on that committee voted a Bacon Act. They did so without a single mem- Mr. Speaker, the repeal of the Davis-Bacon few days ago to increase spending on ber of the minority membership being present, Act is not about reducing the deficit, or saving the School Lunch Program from $6.7 to an action that is, in and of itself, unprece- construction costs in federally assisted $7.8 billion over the next 5 years. dented in recent memory. The Democrats, re- projects. It isn't about lowering wages so that I repeat: the Republicans voted to in- fusing to be a party to the demise of the more people can be employed. crease spending on school lunches. Davis-Bacon Act at the hands of their col- It is about union busting. Yet headlines all over this country league in the other party, walked out in pro- The Act does notÐI repeat does notÐre- said, ‘‘Republicans vote to end School test. quire that collectively bargained (union) wages Lunch Program.’’ The Davis Bacon Act has been in effect be paid unless such wages also happen to be Now, millions of Americans have a since 1931, and 32 States have their own the prevailing wage in the locality where the totally false impression that Repub- Davis-Bacon Acts, with 9 States having re- work takes place. Davis-Bacon isn't about licans have killed the School Lunch pealed previous State statutes. Perhaps be- unionsÐalthough unions have made Davis- Program. H 2794 CONGRESSIONAL RECORD — HOUSE March 7, 1995 Actually what was done was to try to These were included because almost The SPEAKER pro tempore. Under a end it as a Federal program and turn it everyone today realizes that one-size- previous order of the House, the gen- into a State program. fits-all dictation from Washington is tleman from Kentucky [Mr. WARD] is This was done so that more money not working and has been harmful to recognized for 5 minutes. could be spent on food for kids and less even our best programs. [Mr. WARD addressed the House. His on bureaucrats in Washington. I am convinced that the wonderful remarks will appear hereafter in the Most Governors have said they could people that we have running our school take 80 percent of the money and prob- lunch program in East Tennessee do Extensions of Remarks.] ably operate almost any Federal pro- not need bureaucrats in Washington f gram more efficiently and effectively. telling them what they can and cannot However, in this instance, the Com- serve. SAVE PUBLIC BROADCASTING mittee did not say take the School As to the 20 percent flexibility for Lunch Program over with just 80 per- Governors, this was done because some The SPEAKER pro tempore (Mr. cent of the money—it said take 100 per- States need to spend more CUNNINGHAM). Under a previous order of cent of the money with a built-in raise percentagewise on school lunches than the House, the gentlewoman from of 4.5 percent each year. others. But if this is a great concern, I Maryland [Mrs. MORELLA] is recognized This is almost 50 percent more than certainly would support changes mak- for 5 minutes. what inflation has been since the ing sure all this money is spent for its Mrs. MORELLA. Mr. Speaker, I rise Reagan years. intended purpose, which is school today to express my support for contin- Yet some liberals saw a chance to use lunches. ued Federal funding for public broad- a political sledgehammer here, and I suppose the big point to be made casting. beat us over the head with it, and with here is that Republicans love children PBS and NPR provide commercial- help from a supportive national media, just as much as Democrats do. free entertainment and information they are creating a totally false im- Despite what some pious, holier- that is always good for you, whatever pression. than-thou liberals would have people your age. I have always supported the School believe, no one has a monopoly on vir- PBS and NPR provide commercial- Lunch Program, and I can assure you tue—no one has cornered the market free entertainment and information there is not one member here, Demo- on compassion. that always brings the best of all our crat or Republican, who wants to take All of us are trying to do as much as American cultures, the brilliance of food away from any hungry children. possible for children. No one has voted our science and technology, the clash I do not serve on the Committee that to kill the School Lunch Program. is trying to change this program, but I Many people around the country no of our political opinions, and the natu- do know that what the Committee is longer think of the Federal Govern- ral beauty of our world, wherever we trying to do is make things better for ment as God. They know that some live. children, not worse. programs can be better run from the PBS and NPR provide so much for so The School Lunch Program has got- State level, or even by local govern- little: they cost only $1.09 per person. ten tremendous bi-partisan support in ments. Americans overwhelmingly approve a the past because it has worked rel- And above all, they want less of their Federal funding for public television atively well. But anything can be made money being spent on bureaucrats and and radio, with 87 percent in favor of better. paperwork, and more being spent on continued support. Although the Fed- And if there is a way to spend more children. eral allocation is small—currently on children and less on bureaucrats, b 2045 $285.6 million—in the overall CPB then we should try it. budget, it is vital seed money that The SPEAKER pro tempore (Mr. Too many federal programs today makes everything else possible. CUNNINGHAM). Under a previous order of benefit primarily the bureaucrats who To deny funding to PBS and NPR the House, the gentleman from Ohio work for the program and really do would be to truly damage the quality [Mr. BROWN] is recognized for 5 min- very little for the intended bene- of our lives and our children’s lives. ficiaries. utes. Free market forces would not sustain [Mr. BROWN of Ohio addressed the the effort required to create and keep a House. His remarks will appear here- This is true even in programs de- after in the Extensions of Remarks.] show like ‘‘Sesame Street,’’ which is watched by over 6 million preschoolers signed to help children. Every program f up here has some beautiful motherhood on an average of three times per week. The SPEAKER pro tempore. Under a Commercial stations refused to air and apple pie title, but you have to previous order of the House, the gen- look below the surface, and below the ‘‘Sesame Street’’ when it was first de- tleman from Pennsylvania [Mr. FOGLI- headlines, to find the true story. veloped. Can you imagine any network ETTA] is recognized for 5 minutes. If we want to help bureaucrats, we today airing the program for 2 hours will continue, and even increase, all [Mr. FOGLIETTA addressed the straight without commercial interrup- our current federal programs, and even House. His remarks will appear here- tion? after in the Extensions of Remarks.] create new ones. An article in last week’s Washington If we really want to help children, f Post, reminded me just how important though, we will downsize government The SPEAKER pro tempore. Under a PBS is to quality programming for our and decrease its cost, and give parents previous order of the House, the gentle- children; for shows like ‘‘Sesame the freedom to spend more of their own woman from Hawaii [Mrs. MINK] is rec- Street,’’ ‘‘Mr. Roger’s Neighborhood,’’ money on their own children. ognized for 5 minutes. and ‘‘Ghostwriter’’ that make their Apparently, though, with many lib- [Mrs. MINK addressed the House. Her lives richer not poorer. The Post story erals, if the choice is between giving remarks will appear hereafter in the told this sad tale: ABC will cancel money to bureaucrats or leaving more Extensions of Remarks.] with parents and children, they will ‘‘Cro,’’ a Children’s Television Network f side with the bureaucrats every time. production on its Saturday morning There were two other main objec- The SPEAKER pro tempore. Under a schedule in favor of something enti- tions to the changes the Committee previous order of the House, the gentle- tled—I am not making this up—‘‘Dumb made in the School Lunch Program. woman from California [Ms. ESHOO] is and Dumber.’’ One was to the lack of national recognized for 5 minutes. This choice bit of children’s enter- standards on nutrition, and one was to tainment is a television version of a the fact that the Governors were given full-length cartoon movie of the same leeway as to 20 percent of the money as [Ms. ESHOO addressed the House. name, which consists of ‘‘toilet jokes long as it was spent on other child wel- Her remarks will appear hereafter in and exposed bottoms,’’ said the Post fare programs. the Extensions of Remarks.] but offers vast opportunities for those March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2795 big profit, toy spinoffs. ‘‘Cro,’’ a show COMMEMORATING THE 30TH ANNI- march would not be allowed. The sher- that treats science and technology VERSARY OF THE VOTING iff of Dallas County, a man by the through the eyes of an 11-year-old RIGHTS CAMPAIGN OF 1965 name of Jim Clark, on the Saturday stone age child, it was decided, had no The SPEAKER pro tempore. Under night before the march on Sunday had future at Toys ‘R Us so it had to go. the Speaker’s announced policy of Jan- requested that all white men over the Do we really for a minute believe uary 4, 1995, the gentleman from Geor- age of 21 to come down to the Dallas that commercial and cable stations gia [Mr. LEWIS] is recognized for 60 County Courthouse to be deputized to will do the right thing by our children minutes as the designee of the minor- become part of his posse to stop the and young people? My friends, our chil- ity leader. march. dren’s choices will go from dumb to Mr. LEWIS of Georgia. Mr. Speaker, Sheriff Clark was a very big man who dumber, from violent to more violent, I rise tonight at this hour during this wore a gun on one side, a nightstick on the other side, and he carried an elec- if PBS goes! special order to commemorate the 30th tric cattle prodder in his hand. He did Much has been said and written anniversary of the voting rights cam- not use it on cows. He used it on peace- about public broadcasting and elitism. paign of 1965. Thirty years ago this day, March 7, 1965, was a turning point ful, nonviolent protesters. What nonsense! What condescension! in the struggle for the right to vote in As we continued to walk on that Sun- Eighty percent of all Americans—your the American South. day afternoon, we came within the neighbors and mine—watch public tele- In commemorating the voting rights hearing distance of the State troopers vision at least once a month and have campaign of 1965, we honor the great and a man identified himself and said: access to literally the world of enter- sacrifices many people made to secure I am Maj. John Cloud of the Alabama tainment and the arts without leaving voting rights for all Americans. State Troopers. I give you 3 minutes to dis- their family room couch. Now, Mr. Speaker, you must keep in perse and go back to your church. This is an Comparisons have been made—and mind that during another period in our unlawful march, and it will not be allowed to rightly so—between saving public tele- history, during the 1960’s, there were continue. vision and radio and the campaign for certain political subdivisions in the 11 In less than 11⁄2 minutes, Maj. John public libraries, which was led by Southern States of the old South, from Cloud said, ‘‘Troopers advance,’’ and Andew Carnegie early in this century. Virginia to Texas, where 50 to 80 per- you saw these men putting on their gas His mission, to make sure every Amer- cent of the population was black, and masks. They came toward us, beating ican had access to free books regardless there was not a single black registered us with nightsticks, bullwhips, tramp- of income level or place of residence, voter. The practice used by whites to ing us with horses, and using tear gas. mirrors the contemporary mission of keep blacks out of their political proc- That Sunday, March 7, 1965, became public television and radio to bring ex- ess ranged from economic retaliation known as Bloody Sunday. There was a sense of righteous indignation all posure to the world’s greatest art, to outright murder. In many instances across the country. People could not music, literature, and wonders to ev- brutal acts of violence were directed understand what they saw on tele- eryone. With your television and radio against those who tried to register to vote. Those few who were allowed to vision. They could not understand the tuned to your PBS or NPR station you register were harassed, intimidated, picture they saw in the paper the next can sit in the front row at the Metro- and even beaten when they tried to ex- day coming from Selma. politan Opera, watch the Bolshoi Bal- ercise their precious right to vote. Lyndon Johnson, 8 days later, came let, or sit in your arm chair and travel One State, the State of Mississippi, before this hall and spoke to a joint the globe. It opens the world to all. had a black voting-age population of session of the Congress on March 15, We are blessed in the Washington more than 450,000, and only 16,000 1965, to urge Congress to pass a strong area with access to several public blacks were registered to vote. In one voting rights law. broadcasting stations: WETA, MPT, county in Alabama, Lowndes County, b 2100 WHMM, and WAMU. The market in between Selma and Montgomery, AL, which these stations operate is large the county was more than 80 percent In that speech President Johnson and its supporters and fans generous at black, and there was not a single reg- started off the night by saying: fundraising time. But this is not the istered black voter. I speak tonight for the dignity of man and case across the country. The loss of In the little town of Selma, the coun- the destiny of democracy. Federal funding to radio outlets in ty seat of Dallas County, AL, majority He went on to say: rural areas, for example, would be dev- of black population, only 2.1 percent of I urge every member of both parties, Amer- astating—in many cases radio stations blacks of voting age were registered to icans of all religions and of all colors, from would have to drop NPR programming vote. every section of this country, to join me in and that means losing ‘‘Morning Edi- The drive for the right to vote came that cause. tion,’’ ‘‘All Things Considered,’’ and to a head in Selma in the heart of the President Johnson continued by say- ‘‘Talk of the Nation.’’ Black Belt after a series of nonviolent ing: In many areas of the country, whole protests and after people had been At times, at times history and fate meet at school systems rely on public broad- shot, beaten, and killed. A small band a single time in a single place to shape a turning point in man’s unending search for casting to supplement their curricu- of citizens on March 7, in an effort to dramatize to the Nation and to the freedom. lums. The president of Maryland Public world the need for voting rights legis- He went on to say: Television has pointed out that ‘‘as we lation, decided to march from Selma to enter the information age, every com- So it was at Lexington and Concord. So it Montgomery. was a century ago at Appomattox. So it was munity in America needs its public tel- Young black children, some elderly last week in Selma, Alabama. evision station as an on-ramp to the in- black men and women, left the Brown And the President went on to say: formation superhighway and to fight Chapel A.M.E. Church on Sunday after- There long-suffering men and women for the public interest so that edu- noon, March 7, 1965, walking to twos, It peacefully protested the denial of their cational usage doesn’t get pushed onto was a silent, nonviolent, and peaceful rights as Americans. Many were brutally as- the shoulder by commercial interests.’’ protest, walking through the streets of saulted. One good man, a man of G-d, was Mr. Speaker, to cut off federal sup- Selma. killed. port for public broadcasting is to do ir- Crossing the Alabama River, crossing A few days between March 7, 1965, reparable damage to a system that pro- the Edmund Pettus Bridge, when they and March 15, 1965, a young white min- vides all Americans, regardless of age, reached the apex of the bridge, they ister by the name of James Reed, who race, ethnicity, party affiliation, or ge- saw a sea of blue, Alabama State troop- came down from Boston to participate, ographic location with riches that once ers. was beaten by the Klan and later died. belonged only to a very small elite. The Governor of the State, at that In that speech here in this hall Lyn- Public broadcasting is for all of us. time Gov. George Wallace, had issued a don Johnson said that night over and statement the day before saying the over again, ‘‘We shall overcome.’’ H 2796 CONGRESSIONAL RECORD — HOUSE March 7, 1995 In a matter of a few months, Mr. the Voting Rights Act, it is only fit- from about 1.5 million to over 3 million Speaker, the Congress passed the Vot- ting that we have a chance to discuss are marked increases that deserve rec- ing Rights Act, and it was signed into its many successes, especially in light ognition especially for the Voting law on August 6, 1965. Because of the of the fact that there are so many ob- Rights Act. March from Selma to Montgomery, be- stacles and so many deterrents to its I can go on and on and talk about cause of the leadership of Lyndon successful implementation that are how things are improving not just in Johnson and the action of the Congress being placed before us these days. the southwest, but in New York City on August 6, 1965, we have witnessed I think it is clear that there have where there has been a 17-percent in- what I like to call a nonviolent revolu- been benefits to the African-American crease in the number of Latinos who tion in American politics, especially in community throughout this Nation. It are registered to vote. But what we the South. Today in Selma more than is unquestionable that it opened doors find from this is once they begin to 75 percent of blacks of voting age are for many people who for years have participate in the process, they become not registered to vote, and you have a been closed out of the process. But let full Americans, and I think that is biracial city council. In a State like me focus a little bit of my time on two what we hope to achieve through the Mississippi today there are more than emerging communities that, too, have Voting Rights Act, is full Americans, 300,000 registered black voters, and the benefited from the Voting Rights Act and I want to say to people like the State of Mississippi has the highest and who have struggled as well to try gentleman from Georgia [Mr. LEWIS] to number of elected black officials. In to make sure that America truly is a those who will participate in this spe- 1965, on March 7, 1965, there were less place for all. cial order, that it gives me great pride than 50 black elected officials in 11 Let me focus a few minutes, if I may, to say that back in the 1960’s, when the Southern States. Today there are more on the Asian-Pacific Americans in this march and the struggle came to a head than 7,000. country and the Latinos of this coun- and we had a chance to really televise So, Mr. Speaker, we have come a dis- try who, as the gentleman from Geor- it, that there was a chance to tell the tance. We made a lot of progress. But I gia [Mr. LEWIS] mentioned, are part of American people that people have think what happened 30 years ago as America and make up that fabric struggled, struggled not just for dec- we meet here tonight tends to drama- which makes America so great. ades, but for centuries, to provide true, tize the distance we must still travel The Asian-Pacific American commu- true rights, true representation to all before we create a truly interracial de- nity is really coming of age. It is a people, not just a particular minority, mocracy in America. community in California which rep- not just to those that have been So, Mr. Speaker, at this time I am resents about 10 percent of the State’s disenfranchised, but to all people, and I going to yield to some of my colleagues population. That is a dramatic increase think, when you look at all the dif- that are willing to participate in this over the last decade or two decades, ferent communities that we have in special order in memory, not just in yet the Asian-Pacific population is this country that make up the fabric of memory, but in commemoration, I woefully underrepresented in office and America, you can truly say that the guess, in celebration, of what happened in other signficant places of impor- Voting Rights Act has worked. We in that little town of Selma, what hap- tance. The participation rates are very should make it work more. We should pened in other parts of Alabama, but low right now for Asian-Pacific Ameri- preserve it. In fact we should strength- also in Mississippi, and Tennessee, and cans when it comes to voting, and the en it. Louisiana, North and South Carolina, biggest barrier, of course, is language. I would just like to say that it is and Texas, all across our country real- Right now what we find is that without time for us to stand together and do ly, to make democracy real. some assistance and an opportunity to what was done 30 years ago, say that Now, Mr. Speaker, I yield to the gen- learn the language, it becomes very the Voting Rights Act must not only tleman from California [Mr. BECERRA]. difficult for people to fully participate continue, but we must strengthen it. Mr. BECERRA. Mr. Speaker, I thank and understand the process, but fortu- So I thank the gentleman from Georgia the gentleman from Georgia [Mr. nately the Voting Rights Act has made [Mr. LEWIS] for the opportunity to be LEWIS]. it possible for a number of Asian-Pa- here today. I say to the gentleman first that it is cific Americans to become fully partic- Mr. LEWIS of Georgia. I thank the with great honor that I stand next to ipant members of democracy. Just in gentleman from California, my friend him today with the opportunity to par- California alone in the last few elec- and colleague, for participating in this ticipate in this special order that he tions 25,000 additional voters, citizens, special order. has organized because he is one whose Asian-Pacific Americans, have gone to Mr. Speaker, I now yield to the gen- footsteps I hope I have a chance to fol- the polls, voted and become partici- tlewoman from Texas [Ms. JACKSON- low in the future, as well as someone pants because the Voting Rights Act LEE], and I want to thank her for being who has distinguished himself in the made it possible for them to partici- here and participating. past as one of those who marched way pate through bilingual ballots. Now Ms. JACKSON-LEE. Mr. Speaker, it back when, in the 1960’s, and made it that is an example of how the Voting is with both celebration and trepi- possible for some of us to be here Rights Act has helped the Asian-Pa- dation that I rise this evening in rec- today. I consider myself someone who cific American community. ognition of the 30th anniversary of the is the fruits of much of the work of In the Latino community, Mr. Speak- March From Selma to Montgomery and people like the gentleman from Geor- er, it is much the same. I should note passage of the Voting Rights Act. gia [Mr. LEWIS], and I think it is only that the Latino community has a long I celebrate with my colleagues the a tribute to the folks like him that we history, especially in the Southwest, inspiring courage that fortified the un- have a chance to come before here, and where there were settlements in this armed band of non-violent probably speak and say how things really are. So country long before the Pilgrims made people like our neighbors, who were to the gentleman from Georgia and it to the shores of the east coast. But tear-gassed, charged and brutally beat- those like him who have fought and Latinos have also suffered from poll en by State police on horseback as continue to fight, Mr. Speaker, I say, taxes, white primaries and intimida- they tried to peacefully cross the Ed- ‘‘Thank you for giving me the oppor- tion. Throughout the history of the mund Pettus bridge in Selma, Ala- tunity to stand here today and speak Southwest it was very difficult for bama, 30 years ago today I also salute on behalf of voting rights for all Amer- Latinos to participate in the process them—for these courageous souls icans.’’ because literacy tests or language bar- changed the course of history of this Clearly the Voting Rights Act was a riers were imposed, but the Voting nation—and when the 35,000 strong landmark piece of legislation for our Rights Act has made it possible for real reached Montgomery after the March 7 country and for our history. The Vot- progress to be achieved. I think it is march, they were black and white to- ing Rights Act made it possible for peo- clear to say that the doubling of gether. ple for the first time to truly partici- Latino elected officials over the last 10 I celebrate the courage of the distin- pate in America’s democracy, and of to 15 years, the increase in voter par- guished gentleman from Georgia, [Mr. course now that we see the 30th year of ticipation by Latinos, oh, say from 1975 LEWIS], who was on that bridge on March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2797 March 7, and suffered great injury in global economy that is to blame for order and say to her that I am very the name of freedom along with the America’s anxiety over job security. grateful for her involvement and for gentlelady from Georgia, Ms. [MCKIN- Let me be clear, Mr. Speaker, I wel- her leadership. I think the mail that NEY], has been instrumental in provid- come positive debate on affirmative ac- you got from my State tends to drama- ing my colleagues and I the oppor- tion programs and we can work to- tize to the Nation and to all of us that tunity to address the chamber this gether to improve any utilization of the scars and stains of racism are still evening. these programs. deeply embedded in the American soci- And I celebrate the Voting Rights But let us make no mistake about it, ety. So we must still act. We must still Act of 1965 that has ensured the free- affirmative action is not and never was speak. And thank you. dom for all Americans to cast their some crazy scheme foisted on America Ms. JACKSON-LEE. I am grateful for ballots in peace and safety. by bleeding heart zealots. It was and those words and let me say to you that A freedom some may take for grant- remains the direct consequence of sus- our challenge is before us. You have ed these days, but a freedom for which tained and oppressive racism, and to paved the way and we join you in mak- so many—black and white—were forced those who argue that that kind of rac- ing this country a better place for all to fight and too often die. ism is a thing of the past, let me share of us. My trepidation, Mr. Speaker, comes with you some of my recent mail. Mr. LEWIS of Georgia. Thank you. in the knowledge that there are those Mr. Jack Clark of Morgan, Georgia, Mr. Speaker, I now would like to recog- around this Nation today who seem to offers his insight into American race nize the gentleman, my friend and col- have forgotten America’s long and tor- relations. Mr. Clark claims it was the league, the gentleman from North tured history of racial injustice. There white male who made our country Carolina [Mr. WATT]. are those, Mr. Speaker, who would turn great and that, quote, ‘‘Niggers Will Mr. WATT of North Carolina. I rise back the clock to a time of fear and po- Destroy America.’’ today to stand with this brave man, larization. Those who are again willing Mr. Speaker, another anonymous Representative JOHN LEWIS, to com- to stroke the fires of racial division in correspondent, also from Georgia, of- memorate the anniversary of the their pursuit of short term gain. fers this Nazi-like solution to racial Selma to Montgomery march, one of As history’s demagogues have always tensions, quote, ‘‘Save America, Nigger the milestones in civil rights history. chosen their scapegoats, American Genocide.’’ Thirty years ago today hundreds of demagogues today seek to make dif- Mr. Speaker, I did not consider light- brave African-American men and ferent classes and races of people their ly whether or not to share this mail women, Representative JOHN LEWIS scapegoats. with my House colleagues and the rest among them, risked their lives to en- Encouraged by November’s election of America, and it is with mixed feel- sure the voting rights of all people, re- analysis, today’s demagogues want to ings that I did so. gardless of their race. promote anger and divisiveness As an American first, I am ashamed During the 1960s, the State of Ala- amongst America’s many races—par- that such thinking still goes on in any bama was notorious for its practices of ticularly those most associated with quarter. segregation. Like many States in the the civil rights movement—African- As an African-American who has Americans. worked all her life to improve racial South, Alabama did not even acknowl- If they can convince white Americans harmony in my hometown of Houston edge the equal rights of black men and that they should fear these diverse and across the country, I was stunned women. In 1965, the Reverend Dr. Mar- Americans instead of spending more to receive such cruel insults by people tin Luther King, Jr., and other began constructive time solving the problems who haven’t the slightest idea who I trying to escalate his Selma voting of binding work instead of welfare, of am or what I stand for. registration campaign. But whites in insuring the maintenance of school Mr. Speaker, I know the vast major- Alabama, including then Governor lunches and breakfasts instead of ity of white Americans would be as in- George Wallace, were just as adamant ketchup as a meal, and insuring a high- sulted as I am by these disgusting in their protests against the voter reg- er minimum wage for our citizens then thoughts. istration campaign. today’s demagogues will succeed in And I know they are not the ones dis- On March 7, 1965, more than 600 their efforts to divide and conquer criminating against African-Americans marchers gathered in front of Brown’s America. in matters of education, employment, Chapel AME Church in Selma to pre- Today’s demagogues here in Congress housing or finance. pare for the 50-mile march from Selma and across the country on talk-radio But, as we commemorate the Selma to Montgomery. This march was in- have fought tooth and nail the motor- to Montgomery march for freedom, and tended to dramatize the demands for voter laws that make it easier for all the Voter’s Rights Act, this good- voting rights. Led by the Reverend Americans to register to vote when hearted majority must be reminded Hosea Williams, a King lieutenant and they renew their driver’s licenses or ve- that tremendous evil still lurks in the my distinguished colleague, Congress- hicle registrations. hearts of a dangerous minority. man JOHN LEWIS, who at that time was They have been gerrymandering Con- And if we are not careful, we run the the national chairman of the Student gressional Districts for their advantage risk of returning to our dark past. Nonviolent Coordinating Committee, for more than 200 years. Let me conclude, Mr. Speaker, with a the marchers headed for the Edmond But now that Congress has been fair- heartfelt plea to all Americans—white, Pettus Bridge in Selma. Unfortunately, ly and legally diversified through the black, brown and yellow. they were not prepared for what was in Voter Rights Act, the demagogues We must celebrate our diversity, we store for them. A solid wall of State want to challenge the Voting Rights must maintain our courage, and we troopers, a smoke bomb and an ensuing Act in court. must stay strong so we can resist the attack and chase by the troopers and And just as police and fire depart- demagogues’ message of fear and ha- sheriff’s posse. The marchers were vio- ments, construction sites, corporate of- tred. lently driven back as ambulances shut- fices and graduate school classrooms Despite skin color and cultural herit- tled the injured to the hospital and are beginning to show the kind of ra- age, we are all brothers and sisters, and treated others on site for cuts, bruises, cial, cultural and gender diversity that brothers and sisters must care for each and tear gas aftereffects. is America, the demagogues want to other and see to it that justice is done. The infamous bloody Sunday became abolish any and all Government pro- Let us remain vigilant and never for- a monument to history. Many of these grams that they call ‘‘affirmative ac- get that united we stand, and divided marchers, including Representative tion.’’ we shall surely fall. LEWIS, were college students who heed- Mr. Speaker, my trepidation comes ed the call of civil rights leaders for all b when I hear the demagogues make 2114 blacks to become active in the move- blanket condemnations of all affirma- Mr. LEWIS of Georgia. Mr. Speaker, ment. Students in my own congres- tive action programs—as though it was I want to thank the gentlewoman from sional district heeded the call 5 years affirmative action and not a changing Texas for participating in this special prior to the Selma march in 1960. Four H 2798 CONGRESSIONAL RECORD — HOUSE March 7, 1995 African-American students, black stu- a white-only railroad car. Brown versus Rights Act of 1965, this country just re- dents from North Carolina A&T State Board of Education directly involved cently began to get women and minor- University in Greensboro, NC, includ- only four school districts, but the deci- ity officials elected in significant num- ing one of my constituents, Franklin sion revolutionized the law of racial bers. McCain, made history for the civil equality. The Voting Rights Act of 1965 and its rights movement and the State of And the memo went on to say the extension in 1970 and 1975 had a pro- North Carolina. lower court in the Louisiana case ruled found effect on the black political par- On February 1, 1960, these African- that any race consciousness in district- ticipation in the South. The percentage American students staged a sit-in at ing is always subject to strict scrutiny. of voting age blacks registered in the the Woolworth’s department store Yet, the creation of majority-minority South in March, 1965 was only 35.5 per- counter in Greensboro. This was by no electoral districts almost never occurs cent, compared with 73.4 percent of the means the first sit-in in North Carolina by chance. Because race is such a domi- white population. The percentage of but this particular one opened the nant force in American politics, it blacks registered was especially low in doors for a student movement that would be impossible to provide fair rep- States targeted by the special provi- began creeping up throughout the resentation to racial and ethnic mi- sions of this act, and it was in the area South. norities without taking race into ac- of the South that the act had the most On the evening following the four count. direct and important impact. students’ sit-in, 50 students met and Since minorities have been elected By the end of 1965, Federal examin- created the Students Executive Com- almost exclusively from majority-mi- ers, working in 32 counties in the cov- mittee for Justice. The following day, nority districts, the U.S. Congress and ered States, had listed the names of the four A&T students were joined by State and local legislative bodies are 79,000 African-Americans to be added to more than 300 African-American stu- at risk of once again becoming vir- the voting registration rolls. By the dents from A&T and Bennett College, tually all white. end of 1967, more than half a million also in my congressional district. They So, today, once again, we are re- new black voters were listed in the organized a massive sit-in at various minded of why these brave people made States covered by the Voting Rights lunch counters across the city of that march in Selma. And, unfortu- Act. Since 1970, changes in black reg- Greensboro. Four days later, 1,600 stu- nately, once again we are reminded istration rates have been more erratic, dents decided to halt the demonstra- that the march and the fight and the but have generally moved upward. tions at the request of city leaders who struggle for equality in the voting Moreover, the substantial increase in promised talks and negotiations. rights area and in every segment of our the number of black registered voters However, no compromise became evi- society still has not been completed. dent to any of the students, so the sit- has been accompanied by a significant b ins resumed on April 1. On April 21, 45 2130 rise in the number of black elected offi- demonstrators were arrested for their Mr. WATT of North Carolina. We cials. protest. Yet, subsequent sit-ins and must fight. We must continue to march So I share this history with you to boycotts forced the city of Greensboro together. I commend my colleague, emphasize how important this bill real- to reopen lunch counters on a deseg- Representative LEWIS for putting to- ly is to African-Americans and to our regated basis by July 1960. gether this special order, and I express communities. More importantly, I be- The students’ acts made a tremen- my thanks to him for inviting me to lieve these statistics are even more re- dous difference in both of these histori- participate, but more importantly, I markable when one considers that as cal civil rights milestones: the sit-ins express my sincere thanks to him for late as 1940, 95 percent of adult blacks and the march in Selma. Their involve- the bravery that he demonstrated 20 residing in the States in the South ment and commitment not only helped years ago today when he faced the mar- were deterred from voting. Many peo- make strides in voting rights but in shals and the tear gas and the fear that ple had been beaten, lynched and har- the entire arena of desegregating must have existed on that bridge in assed so that African-Americans could America. Selma, AL. Thank you for allowing me have the right to vote. The barriers at Mr. Speaker, I had hoped that this to participate, Representative LEWIS. the time were numerous to them. They would be the end of my presentation in Mr. LEWIS of Georgia. Mr. Speaker, included all-white primaries, poll this special order, but when I went let me thank my friend and colleague taxes, literacy taxes and economic in- back to my office today I was reminded from North Carolina for those kind timidation. Within a generation, these of the significance of the Selma march words and for participating in this spe- barriers were largely dismantled; how- again. When I went back to my office cial order tonight. We are very grateful ever, some still exist. By far the big- from the floor today, in March 1995, I for your participation. Thank you. gest increase in black registration oc- had a memo from the NAACP Legal Mr. Speaker, I would like to recog- curred in the late 1060s in the southern Defense Fund. They reminded me once nize the head of the Congressional States covered by the Voting Rights again that we have not yet quite ar- Black Caucus, the chairman of the Act. rived. Congressional Black Caucus, the Hon- And let me say that it is interesting It said on April 19 the Supreme Court orable Mr. PAYNE from the State of to note that it was not only in the will hear arguments in two crucial vot- New Jersey. South where we have had problems, but ing rights cases from Louisiana and Mr. PAYNE of New Jersey. Mr. when we look at Black History Month, Georgia. These cases ask the Supreme Speaker, let me thank the gentleman which just passed, we found that fol- Court to consider whether race or eth- from Georgia, the Honorable Rep- lowing the Civil War, it was the pas- nicity can constitutionally be consid- resentative LEWIS, who over 30 years sage of the Reconstruction Act of 1867 ered in constructing electoral districts. ago led the Nation in the march on that gave blacks the right to vote. The attack is not limited to oddly bloody Sunday. It was in fact the same Blacks were elected to Congress. shaped or bizarre congressional dis- date as tonight when he led the march Hiram Revels of Mississippi became the tricts, said the memo. It is not the dis- over the Edmund Pettus Bridge, when first black to serve in Congress, when tricts’ shapes but their racial composi- Sheriff Jim Clark and his posse, with he took his seat in the U.S. Senate on tion as majority black and majority the Alabama State troopers, stood February 25, 1870. Joseph Rainey of Hispanic that is being challenged as there and treated people as brutally as South Carolina became the first black unconstitutional. any act in this Nation. Member of the House of Representa- ‘‘The legal principles,’’ the memo As chairman of the Congressional tives when he took his oath of office on went on to say, ‘‘established in these Black Caucus, I take great pride in December 12, 1870. In fact, in the first cases will have wide-reaching impact.’’ drawing attention to a very important Presidential election open to African- Plessy versus Ferguson ensconced the piece of legislation that resulted from American voters, the blacks gave the nationwide principle of separate but that action. After years of judicial and deciding vote. Ulysses S. Grant de- equal in a case that presented the administrative wars, which were high- feated Horatio Seymour by a margin of claim of one person seeking to ride in lighted with the passage of the Voting 300,000 votes. It was estimated that March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2799 Grant received 450,000 votes from newly long road to creating a truly inter- gia, the gentleman from the second freed slaves. racial democracy in America, a cre- Congressional District of Georgia, Mr. Unfortunately, in my home State of ative and beloved community, the open BISHOP. New Jersey, African-Americans were society, and this is what America is all Mr. BISHOP. I thank my colleague, shut out of the political system for a about, creating a society where all of Mr. Speaker. very long time. In fact, in 1807 the our people are able to participate and Mr. Speaker, 8 days following the State legislature restricted voting share in the fruits and dream of this event known to history as Bloody Sun- rights to only white males, eliminating great country of ours. day, President Lyndon Johnson came privileges that our State’s 1776 Con- So tonight, as we commemorate, as to this Chamber to formally call on stitution had existed for both African- we celebrate, as we pause, as I stated Congress to enact the Voting Rights Americans and women. Despite imme- before, we have a distance to go, but we Act. diate opposition to the 1807 restric- are on our way and there will be no In his remarks, the President pre- tions, the State’s 1844 Constitution turning back. dicted that Selma would prove to be a continued to limit the franchise to I would like to, Mr. Speaker, yield to turning point in the country’s history white men. a colleague and a friend, the gentleman comparable to Lexington and Concord. In an effort to gain a right to vote, from Louisiana [Mr. FIELDS], who, if As we now know, he was right. The the first statewide black convention not for the Voting Rights Act of 1965 Voting Rights Act had been under dis- was convened at Trenton’s Zion AME and the march from Selma to Mont- cussion for some time. But it was Church in 1849. The convention peti- gomery, Mr. FIELDS, like many of us, Bloody Sunday that gave it the mo- tioned the legislature to put aside prej- would not be here tonight. mentum to finally get through the udice and allow all citizens to vote. Mr. FIELDS of Louisiana. I thank House of Representatives and Senate Their effort was unsuccessful. The re- the gentleman for yielding. Let me just and become law. ality is that New Jersey in the 1800s say to the gentleman that I too appre- Its impact was nothing less than rev- was sometimes compared to the South. ciate his efforts and I think on this olutionary. The new law authorized the New Jersey was a slave holding State very floor I have expressed my appre- Attorney General to send Federal ex- and it was reluctant to change. Ref- ciation and my gratitude to the gen- aminers to supersede local registrars erences to New Jersey as the land of tleman for all the commitments he has wherever discrimination occurred. This slavery are found in historical letters made to civil rights and voting rights provided a means for dealing with dis- of pre-Civil War era. New Jersey was in this country, and while the gen- enfranchisement cases quickly and ef- the last northern State to approve laws tleman was walking across the bridge fectively without going through the abolishing slavery. It was in 1804 when in 1965 I was only 2 years old, a little prolonged and cumbersome process of a bill was passed establishing a gradual bit better than 2 years old, and I just litigation. Prior to enactment, mil- system of the practice of ending slav- want to thank the gentleman for, irre- lions of Americans were routinely de- ery, but the bill actually allowed slav- spective of the dogs and irrespective of nied the right to vote. After enact- ery to continue until after the Emanci- the tear gas and irrespective of the po- ment, the opportunity to register and pation Proclamation to the end of the lice officers and the fire hoses, the gen- vote was immediately opened to all Civil War. tleman still found the gall and the Americans for the first time in the So as I conclude, it is important that courage to march for what was right, country’s history. we do know about history, that we do and I just want to thank the gen- Although a majority of Selma’s resi- know that New Jersey questioned tleman. I think even today the gen- dents were black, only 3 percent had President Abraham Lincoln’s authority tleman would probably realize that the been permitted to register in 1965. to free the slaves. It was also the only Voting Rights Act is still under attack. Many techniques were employed to northern State that failed to ratify the The gentleman from North Carolina, keep people disenfranchised. If an ‘‘i’’ 13th, 14th, and 15th amendments to the MEL WATT, mentioned about the case was not dotted or a ‘‘t’’ crossed, a reg- Constitution. in Louisiana, but in his own State istration form was thrown out. If the And so as we look around, we have there is a challenge in terms of the re- registration form was filled out per- seen a great deal of improvement. As districting of his congressional district fectly, a verbal literacy test was ad- we look around, we see that the impor- and the district that he represents. In ministered with questions so obscure tance of this bill is important. As we the State of Georgia, in the gentle- the registrars themselves could not look around, we see that we have seen man’s own State, there is a challenge have answered them. And even if the a great deal of progress in the course of in redrawing the congressional dis- questions were answered correctly, the history as African-Americans. We have tricts in the State of Georgia and in registrars could tell applicants they seen many move into elective offices. the State of Texas, and on the 19th the failed anyway. There was, after all, no Today there are over 8,000 elected Afri- Supreme Court will hear both the appeal. can-Americans as compared to 280 in Georgia and Louisiana cases. I want to When organized voter registration ef- 1965, and so as I conclude, I once again thank the gentleman; irrespective of forts got underway in Selma as early want to congratulate the gentleman the outcome of that case, he certainly as 1962, firings, arrests, and beatings from Georgia for this very important has made his mark on this institution, became recurring realities of life. On event tonight and I thought that it was and I rightfully am here largely be- one occasion, 32 teachers were fired, en important, as we celebrate Black His- cause of people like you who have mass, just for trying to register. There tory Month, that we hear a bit about opened up the doors for people like me, were instances when blacks tried to the history of African-Americans and I thank you for that. register in large numbers and were throughout this country and thank Mr. LEWIS of Georgia. I thank my kept waiting in lines from morning to you, Mr. LEWIS, for this opportunity. friend and colleague for those kind night without ever having a chance to Mr. LEWIS of Georgia. Mr. Speaker, words. register with police standing guard I want to thank my colleague and my Mr. FIELDS of Louisiana. Mr. Speak- throughout the day to prevent anyone friend, the gentleman from New Jersey, er, at this time I would like to talk a from giving them food or water. for participating in this special order, little bit about some of the rescissions These forms of government oppres- for his remarks, and for taking the and some of the things that have taken sion intensified when Dr. King made time out to remember the people that place here in Washington, DC, just to Selma the center of the civil rights participated in the march from Selma change the subject just a minute, and I movement early in 1965. Within a few to Montgomery. I think it is fitting am going to yield back to the gen- months, hundreds of people involved in and appropriate tonight that we pause tleman because I think the gentleman the voter registration campaign—white and commemorate, to take stock of the has just received another invited guest. and black—were severely injured and distance we have come as a Nation and Mr. LEWIS of Georgia. Well, Mr. three lost their lives. Much of the vio- as a people. I think as a Nation and as Speaker, if I may, let me yield to my lence—particularly the brutal tram- a people, we are on our way down that colleague from the great State of Geor- pling and beatings of men, women and H 2800 CONGRESSIONAL RECORD — HOUSE March 7, 1995 children on Bloody Sunday—was car- and my adopted State of Georgia where Alabama, to begin a 50-mile march to the ried out in plain view of television au- I have lived and worked for most of my state capital of Montgomery. diences from coast to coast. adult life. With all my heart, I believe For many years the leader of the civil rights Millions of Americans of both races in the values our country and our movement, Dr. Martin Luther King, Jr., and were outraged. In fact, thousands of States have advanced for more than others had fought to put African-American citi- people ignored the dangers and poured two centuries—values which so many zens on the voter rolls. The need was urgent, into Alabama from all over the country Americans have defended with their since the ballot box represented the key to in the weeks following Bloody Sunday lives. equality, political empowerment and economic to join the continuing demonstrations. We commemorate the events that opportunity. Dr. King recognized the fact that People were outraged over the injus- took place in Selma three decades ago he could not succeed without a Federal voting tice. On one side, people saw courage. for a reason. It is a part of our history rights law. It was determined that Selma, Ala- On the other, they saw an extreme that reaffirms these values that we bama, the ``cradle of the Confederacy,'' would abuse of power. They saw one side sim- treasure more than life itself. It is reaf- be the focal point for a drive to bring about ply seeking the right to vote. And the firmation of the march toward justice such a statute. other advocating the denial of rights. and equality of opportunity that our Mr. Speaker, when marchers gathered in They saw the non-violence of one side country has been engaged in for more Selma, Alabama on March 7, 1965, they and the unrestrained and often unlaw- than 200 years. thought the journey to Montgomery would take ful violence of the other. And they only four days. Instead, before they could b could not miss the fact that one side 2145 even leave the city of Selma, America was left was steeped in faith and spirituality But more than that, it forces us to with the painful images of a brutal confronta- and the other side in raw hatred. These focus on the threats of immediate and tion at the Edmund Pettus Bridge that ex- stark contrasts certainly influenced imminent danger that America now posed state troopers swinging clubs, firing tear the tide of public opinion. faces from the attacks on affirmative gas, and using their horses to run down But I believe many Americans were action, to remedy the effects of hun- marchers. Our Nation watched as African- influenced by something more per- dreds of years of discrimination, in- Americans were beaten and trampled. sonal. I believe people throughout the timidation, violence and race, to the The day after ``bloody Sunday,'' Dr. King is- country began to understand that if renewed attacks in the courts on the sued a national call for protestors to join the the most fundamental right of citizen- Voting Rights Act that was paid for effort in Selma. The call was answered by ship could be denied to one group of with blood, with sweat and with tears thousands of black and white Americans from people it could surely be denied to any- on the Edmund Pettus Bridge. all parts of the Nation and all segments of so- one. It might be African-Americans Mr. Speaker, I come here tonight to ciety, including baptist ministers, jewish rabbis today, tomorrow it might be people commemorate the brave people who and civil rights activists. This time the march- who belong to the wrong political stood before the tremendous odds, the ers made it to Montgomery. In August, just party, or the wrong religion, or nation- violence, and faced the harsh punish- five months later, President Johnson signed ality. ment of merely seeking to ask for their into law the Voting Rights Act of 1965, provid- The denial of voting rights to black rights. I salute my colleague, the gen- ing the Nation with the strongest voting rights Americans was, in fact, threatening to tleman from Georgia, Mr. JOHN LEWIS, legislation in nearly a century. undermine the very foundation on and the hundreds and hundreds of oth- As we gather today to mark the anniversary which our republic stands. In my view, ers who paid the price that we might of the Selma to Montgomery march, we recog- it was a struggle that involved more have our voting rights. nize the leadership of our good friend and col- than the rights of one group of citizens. America, this is 1995, 30 years later. league, JOHN LEWIS. He was only 25 years old In a very real sense, it was a struggle Let us not turn back the clock. Let us when he and other protestors were brutally for the very soul of our country. not go back to where we were in 1965. beaten in Selma. His determination and perse- Selma galvanized America behind the Thank God we can remember the verance placed him in the forefront of the Voting Rights Act. And the Voting bloody Sunday in Selma in 1965. struggle for civil rights in America. We are Rights Act changed America. When our Mr. LEWIS of Georgia. Mr. Speaker, proud that today he represents Georgia's Fifth esteemed colleague, JOHN LEWIS, re- let me thank my friend and colleague Congressional District in the Congress. ceived a key to the city where he was from the State of Georgia for those clubbed 30 years ago, it was dramati- kind words and for his brilliant state- cally symbolic of this change. ment. He is a native of the State of Mr. Speaker, the Voting Rights Act is con- To be sure, the country still has its Alabama. We both left the State of sidered to be one of the most effective civil share of problems. Poverty and hunger Alabama and moved to Georgia and rights laws which this Nation has adopted. and intolerance still exist. Too much now we both represent the State of When President Lyndon B. Johnson signed crime and drug abuse and violence Georgia in the Congress. into law the Voting Rights Act of 1965, he plague our communities. We still have Mr. Speaker, I think tonight we have started America on a new course of equality disparities in opportunities. But just as tried to say why we marched from for those who had lacked political representa- the Selma demonstrators walked Selma to Montgomery 30 years ago and tion. In 1957, 1960 and 1964, Congress en- across the Edmund Pettus Bridge 2 why we come tonight to commemorate, acted civil rights laws to eliminate racial dis- weeks after Bloody Sunday during to celebrate the great progress we have crimination in the electoral process. However, those memorable days in 1965, and con- made as a Nation and as a people down the initiatives proved to be ineffective largely tinued their march freely and trium- that road toward a truly interracial de- because they provided for enforcing voting phantly to Montgomery, so has Amer- mocracy. rights in the courts on a case-by-case basis, ica crossed a bridge into a new ERA of Mr. STOKES. Mr. Speaker, I want to thank which proved to be a time-consuming and in- expanded freedom and opportunity for my colleague, the distinguished Representa- effective approach. all. tive from Georgia, CYNTHIA MCKINNEY, for The Voting Rights Act was originally de- Throughout the country’s history, sponsoring this special order to commemorate signed to implement the fifteenth amendment one of our strengths has been our ca- two significant events in history, the 30th anni- to the Constitution which guaranteed the right pacity for self-correction—the capacity versary of the Voting Rights Act of 1965, and to vote free of discrimination based on color or to confront our problems, to deal with the historic march from Selma to Montgomery race. It was later amended to extend protec- them, and eventually to emerge with a in 1965 which fueled its enactment. I am tion to the Nation's non-English speaking mi- renewed and strengthened commitment pleased to join my colleagues in reflecting nority populations. Thus, the act has been in- to the ideals of equality of justice and upon these important events. strumental in bringing our Nation nearer to re- opportunity on which America was The march on Selma was a journey that for- alizing the goal of full equality in the electoral founded. Lexington and Concord were ever transformed America's racial politics. Out process. early examples. Selma is a more recent of the violence and turmoil came the passage In their book, ``Controversies in Minority Vot- one. of our Nation's strongest voting rights legisla- ing: The Voting Rights Act in Perspective,'' the I am proud to be an American. I am tion. On Sunday, March 7, 1965, about 500 authors, Edward G. Carmaines and Robert proud of my native State of Alabama marchers assembled at a church in Selma, Huckfeldt, write that the Voting Rights Act: March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2801 ``has altered the racial composition of the elec- the marchers were on that Sunday morning in is the highest number of minorities to ever torate, the party coalitions and the office- 1965 and meet the challenge head on. serve in the history of the U.S. Congress. De- holders. It has transformed the appeals of poli- Mr. WATTS of Oklahoma. Mr. Speaker, we spite these gains, less than 2 percent of the ticians, the lines of political debate and the take it so blithely nowadays. Every 2 yearsÐ elected officials in this country are black. We bases of political cleavage. Most important, it sometimes more oftenÐwe go to our local li- still need the Voting Rights Act, we still have has transformed the strategies and agenda of brary, school, dry cleaners and pull a lever, a long way to go. American politics.'' Nowhere is the law's im- darken a circle or punch a holeÐall to cast Let me tell you a little bit about Florida's first pact more evident than in Congress itself. In our vote for the representatives of our choice. Member of Congress. Josiah Wells, from 1965, there were six black Members of Con- Whether it's the school board, county asses- Gainesville, FL, was first elected to the House gress and four Hispanic Members. Today, sor, or the highest office in this landÐvoting of Representatives in 1879 but his election there are 41 members of the Congressional has become commonplace, even sometimes was challenged and he lost his seat after only Black Caucus and 18 Hispanic Members serv- considered a burden by some. 2 months in office. However, by that time, he ing in this legislative body. But in 1965 in Selma, AL, it was not com- had already been reelected to a new term. Be- Mr. Speaker, those of us who have fought monplaceÐit was not a burden. In fact, voting lieve it or not, his next victorious election was to secure voting rights and equal representa- was worth marching for, demonstrating for and challenged after ballots were burned in a tion join today to commemorate the historic even dying for by those whose choices were courthouse fire. And thus ended the congres- anniversary of the march on Selma and the restricted by oppression. sional career of Florida's first black Represent- passage of the Voting Rights Act. We also It is those heroes who marched from Selma ative. gather to reaffirm our commitment to the prin- to MontgomeryÐwe all remember the famous Once Reconstruction began, 21 black Con- ciples upon which this Nation was foundedÐ names like King and all of the other not so fa- gressmen were elected from the South be- liberty and justice for all. Many battles have mous names who had a burning desire to tween 1870 to 1901. However, after 1901, been waged to secure these rights. Yet, we make sure all peopleÐred or yellow, black or when Jim Crow tightened his grip, no black cannot and shall not rest until they apply to white, had the right to vote freely. person was elected to Congress from the each and every citizen in this great democ- On this 30th anniversary of the march from South for over 70 years. As we celebrate the racy. Selma to Montgomery, it is fitting that we re- 30th anniversary of the Voting Rights Act, it is Mr. CONYERS. Mr. Speaker, 30 years ago, flect on yet another recent voting success. more timely than ever, to study what hap- Selma, AL captured the attention of people In South Africa last year, black Africans had pened to black representation during Recon- around the world. At a time when there were the opportunity to vote for the first time. The struction. This period may seem like ancient 6 African-American Members of Congress and stories are poignant. One account is told history, but what happened then seems to be thousands of disenfranchised people in this about a couple of black housekeepers who happening all over again. country, 500 peaceful marchers were brutally rose early that morning, put on their best goin- Although history was made with the 103d attacked at the Edmund Pettus Bridge by to-meeting clothes, rode in with their white Congress, reaction to that history was the State troopers for dramatizing the need for employers and stood together, for hours, wait- election of 1994Ðthe revolution of the con- voting rights legislation. ing to cast their votes for the first time. servative right. Angry white men were not All Americans, black, white, and every color, It was not a burden; it was not an inconven- happy with the history we made in 1992. They benefited from the conviction of these bold ience; it was a privilegeÐan eventÐa time to have launched a contract on America and in marchers. Dr. Martin Luther King once sug- wear your Sunday's finest because the vote just the first 50 days they have: gested in a Detroit speech that if you haven't took on a sacredness. That vote in Johannes- Threatened school lunch programs; threat- found a cause worth dying for, you haven't burg, Capetown, and Soweto was exercised ened Meals on Wheels for seniors; cut Pell found anything to live for. These brave mem- for the first time after blood shed, unrest, and grants; eliminated the Cops on the Beat Pro- bers of the civil rights movement, found their revolution. That revolution ended in the elec- gram that have provided more than $11 million cause in a simple act of conscience. For this tion of Nelson Mandela and for the first time for over 150 cops to the Third Congressional they suffered the brutality of Bloody Sunday true freedom rings in South Africa. District; and threatened to eliminate affirmative and experienced the joy of seeing the Voting That story is repeated over and over again action programs, including the 8(a) Small Rights Act become law on August 6, 1965. I the Stans of the former Soviet Union, the Business Program. The struggle for voting rights was not over, countries of South America and even in the far For the first 100 years of America's history, far from it. The Reagan Justice Department in east where the concept of one man, one African-Americans did not have the right to cases involving Mississippi, Louisiana, North woman, one vote is becoming the archetype. vote; they were enslaved. Eventually, the Con- Carolina, and Virginia supported the annex- Let us not ever be so brazen, so common- stitution was amended to make African-Ameri- ation of areas designed to dilute black voting place that we forget the struggle, the heart- cans free. After the Civil War, some African- strength. In 1985 they initiated a series of break, the price paid for the voting rights act. Americans were able to exercise their rights to criminal prosecutions against civil rights work- On this the thirtieth anniversary, let us be vigi- vote but this lasted for just a brief time. After ers in the five black majority counties in Ala- lant for any continued injustices or breaches of the Reconstruction period, things actually got bama. Eight of the very people who led the that inalienable right and let the words of Dr. worse and Jim Crow ruled the South. The civil march from Selma to Montgomery were in- Martin Luther King ring true: An injustice any- rights movement exploded because African- dicted for voter fraud. where is a threat to justice everywhere. Americans were fed up with living in America Thrity years later, our hard won victories are Ms. BROWN of Florida. Mr. Speaker, I rise without real democracy. Dr. Martin Luther still under attack. States are refusing to imple- tonight to commemorate the 30th anniversary King, Jr., whose birthday we recently cele- ment the motor-voter law, the drawing of ma- of the Voting Rights Act. In 1962, only 5.3 per- brated, and many others sacrificed their lives jority minority districts is under fire and affirm- cent of the voting-age black population was to have the Voting Rights Act passed into law. ative action is in jeopardy. Frederick Douglass, registered to vote in Mississippi. There were The Voting Rights Act was enacted in 1965 a crusader in the fight against slavery who only 500 black elected officials in the entire but it has taken almost 30 years to implement died 100 years ago, said something once that country. in the South. The reason districts were still applies today, ``where justice is denied, The year I was elected to Congress was redrawn was because of a long history of vio- where poverty is enforced, where ignorance historicÐespecially for Florida. For the first lations of the Voting Rights ActÐwe cannot prevails, and where any one class is made to time in over 120 years, an African-American lose sight of this. The Voting Rights Act was feel that society is an organized conspiracy to represents my district in Congress. Represent- enacted because people that should have oppress rob, and degrade them, neither per- atives CARRIE MEEK and ALCEE HASTINGS also been represented were not represented. Too sons nor property will be safe.'' represent Florida in Congress. The Congres- many have died for us to allow a few fright- We must never forget the legacy of struggle, sional Black Caucus has grown to 40 mem- ened individuals to steal back these long-over- survival and perseverance left to us by our Af- bers, the largest ever. Sixteen new African- due rights to representation. What matters rican-American forebears. It is forged on a vi- American Members, most from the South, most is not what the district looks like, but who sion of freedom, equality, and opportunity that were seated in the House of Representatives is in themÐthose who have been left out. we must preserve for our children. Our mem- and one African-American Senator, CAROL New attacks, just like the attacks on Josiah ory of these individuals should only serve to MOSELEY-BRAUN, was seated, expanding the Walls, are from the good old boys from the fuel our fires as we attempt to preserve the number of Congressional Black Caucus mem- bad old days who are trying to roll back the rights of all Americans to participate in the po- bers to 40. There are now 57 women, 19 His- clock and send minorities to the back of the litical process. We must be as courageous as panics, 8 Asians, and 1 American-Indian. This political bus. Congress now looks more like H 2802 CONGRESSIONAL RECORD — HOUSE March 7, 1995 America than at any time in the past. How- Has been watching TV from its beginning. elite group, we would buy cassettes to enter- ever, even though there are more women and In some ways it has deteriorated, giving tain us en route to work, hire someone else African-Americans in Congress than ever be- much time to sitcom after sitcom and shows to do those mindless chores, and pay the appealing to the uneducated, but there is al- fore, neither group is fully represented propor- heavy subscription rates required for cable ways public television to bring a breath of TV. tionately to their numbers in the general popu- fresh air and mental exercise and aesthetic lation. Blacks and women are still pleasure. What would our lives be without Public television viewers and public underrepresented even though we have begun the Nature Series, the National Geographic radio listeners are not just listening to to make progress. The voters of America features, and the great music—the Met, the entertainment; they are receiving pro- should be outraged that a few people are try- concerts by the great trio of men singers, the gramming that is enhancing the qual- Christmas Day program from the [Los Ange- ing to take away the representation blacks, ity of their lives and that of their com- les] Music Center, and the scientific pro- munities. Mrs. Shirley Freedland of Hispanics, women, and other minorities have grams. Need I go on? been struggling for over 127 years to achieve. Long Beach summed up this aspect She closes. Mr. LEWIS of Georgia. Mr. Speaker, rather dramatically: ‘‘Without PBS our Or Mr. Harold Weir, a 68-year-old I ask unanimous consent that all Mem- brains will shrivel up and die.’’ Across from Downey, who wrote: bers may have 5 legislative days to ex- the country, public broadcasting is tend their remarks on the subject of I am retired and living on a very limited serving Americans. In Huntington income. I cannot afford cable TV. PBS is vir- Beach, CA, Channel 50, KOCE–TV offers my special order tonight. tually the only TV channel I watch, other The SPEAKER pro tempore. Is there than for local news. teacher training workshops and tele- vision specials in both English and objection to the request of the gen- Mrs. Bernice Van Steenberg, another Spanish designed to promote parenting tleman from Georgia? Long Beach senior, says: There was no objection. skills such as helping with homework PBS is my favorite station and I am not an and drug abuse prevention. f elite, wealthy person. I’m a senior citizen on a limited income who doesn’t have cable TV Mr. Speaker, a decade ago, I recall offering the first TV course of ‘‘Con- WHICH WAY AMERICA? ONE DOL- and who relies on the good programs PBS presents. I’d be lost without PBS. gress: We the People’’ over Channel 50. LAR AND NINE CENTS A PERSON The public-spirited channel has a long FOR PUBLIC TV OR ZERO DOL- These voices are also experienced record of bringing first rate edu- LARS AND A WASTELAND? parents who know the value that pub- lic broadcasting has brought to their cational programming to Southern Los The SPEAKER pro tempore. Under children over the years. Mr. and Mrs. Angeles and Orange Counties. The com- the Speaker’s announced policy of Jan- Raymond Collins of Long Beach re- munity colleges of Orange County have uary 4, 1995, the gentleman from Cali- called: been pioneers in developing edu- fornia [Mr. HORN] is recognized for 60 Because of ‘‘Sesame Street,’’ the ‘‘Electric cational programming. minutes as the designee of the major- Company,’’ ‘‘Mr. Rogers,’’ and many other After the devastating Northridge ity leader. programs of the early to late 1970’s, our son earthquake last year, KCET–TV in Los Mr. HORN. Mr. Speaker, whenever a Philip—who is now 22—was able to read and Angeles—the region’s premier public measure that affects a broad spectrum count quite well before he began grade TV station—taped programs that reas- school. It was the only period since first hav- of America comes before the House, our sured children and helped them to deal offices are inundated with calls, let- ing a television set in our home that we were able to watch daytime TV—we’d watch with with the chaos around them. In ters, and telegrams. The proposed Philip—without becoming bored, agitated, Gainsville, FL, WUFT–FM radio pro- budget cuts to the Corporation for Pub- and having to turn the set off. I wonder how vides a 24-hour reading service for the lic Broadcasting [CPB], National Pub- we would survive without public television. blind. In Evansville, IN, WNIN in- lic Radio [NPR], and the Public Broad- And, an alumni viewer of such shows stalled public access terminals in low- casting System [PBS] have sparked as ‘‘Sesame Street’ and ‘‘Mr. Roger’s income housing areas so users could ac- just such an outpouring. While we are Neighborhood’’—Dr. Gregory K. Hong cess local public libraries, and news- all familiar with the various letter- of Bellflower—noted: papers, and use Internet e-mail. Town writing campaigns that produce mail * * * those are the programs that I halls and State legislature sessions are bags full of mass-produced—usually watched to learn English when our family broadcast over public radio and tele- computerized here in Washington—let- immigrated to America twenty some years vision stations in Alaska, Illinois, and ters and cards, this has not been my ex- ago. Florida. Prairie Public Radio in North perience with those who write to tell of These voices are typical of the mil- Dakota is planning a native American their support for funding public tele- lions of people who enjoy and benefit language program to promote the con- vision and public radio. What I have re- from public broadcasting. With na- tinued use and study of native Amer- ceived is letter after letter—personally tional public radio, for instance, al- ican languages. It is patterned after a conceived and written—each telling most 16 million people listen over the similar public broadcasting program in how the proposed budget cuts would af- course of a week—that is 1 in every 10 Hawaii which has regularly scheduled fect them. As we all know, these are adults in America. This audience has Hawaiian language shows. the ones that touch our heart and our almost doubled in the last 10 years to conscience. include people from all walks of life. b 2200 What these letters demonstrate is Many radio listeners work in a profes- that public broadcasting opens the sional or managerial occupation; one Karen Johnson, a disabled Long world to its listeners and viewers in a out of every four works in a clerical, Beach resident, is at home all day. She way that commercial radio and tele- technical, or sales position. subscribes to three southern California vision have never been able to do. The Some say that shows elitism. What public radio stations: KLON–FM88, letters show that funding for the Cor- nonsense. More than half of public KUSC, and KCRW. She can hear poration for Public Broadcasting is not radio listeners are not college grad- ‘‘MacNeil-Lehrer’’ and a local show an arts issue, nor one of entertainment uates, and 48 percent live in households ‘‘Which Way L.A.?’’ which is carried by or communications. It is far broader. with combined annual incomes below KCRW, a radio station based at Santa The letters I have received tell me that $40,000 per year. My letters confirm Monica College. Hosted by Warren funding for public television and radio this. Grandparent R.M. Dunbar of Long Olney, this program has had a major is a seniors issue—an education issue— Beach wrote me to say that: impact as it daily brings together peo- a children’s issue—a community issue. I’m not one of the elite that someone said ple across age, race, and ethnic lines to Most important, these letters are the all public television watchers are—I’m just a talk about the key problems facing voices of public broadcasting’s viewers person who became full to the brim with America’s second largest city and one and listeners. They are the voices of soap operas and lousy sitcoms. of the major metropolitan regions in America. Long Beach residents Jim and Pat the world. Karen sums it up well: As for seniors, let’s start with Mrs. Bliss agree: ‘‘Daytime broadcasting (commercial) is Alta Valiton, 81 years of age, a resident We have heard public broadcasting’s fans a wasteland. And commercial news’ of Long Beach, who observes that she: described as an elite. Not so; if we were an broadcasts lack any analytic depth.’’ March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2803 In rural America, public broadcasting acters on that show. Friends with would not commence until after Lyons plays a special role in linking listeners young children tell me that it is no dif- Group had recouped its initial $2 mil- to their communities and the world at ferent with Barney, the purple dino- lion investment, as well as costs it in- large—particularly in areas where the saur. And the popularity of these two curred in making sales in the home local newspaper is published just once programs over the years has created a video and foreign markets. a week and where the economic base great market for products which are When PBS and CPB became involved, cannot support locally generated com- related to the shows. it was agreed that half of CPTV’s in- mercial broadcasting. Without Na- When ‘‘Sesame Street’ went on the come share would be split between PBS tional Public Radio, for instance, air in 1969, the financial arrangements and CPB. Payments to PBS and CPB households in western North Dakota between the show’s products—the non- would not begin until after CPTV had would be without radio news. Through- profit Children’s Television Work- recouped its initial $700,000 investment. out Alaska’s Prince William Sound, lis- shop—and PBS were not commercial. PBS tried to secure a share of the an- teners—who frequently do not have They continue that way today. In 1973, cillary income with the Lyons Group, telephone or television—would lose the matter of income-sharing was dis- but Lyons refused, citing the $2 million their messaging service, their only way cussed, and PBS agreed to allow the it had invested in producing ‘‘Barney to communicate to the outside world. Children’s Television Workshop to re- and Friends.’’ At a reservation in rural Wisconsin, tain all of its income because the work- CPTV continues to share in the Bar- they would lose the service that shop agreed that all income from mer- ney program sales and shares this records and broadcasts tribal meetings, chandising would be reinvested in money with PBS. To date, public tele- the Head Start Program, and health ‘‘Sesame Street’’ and other of its pro- vision has received approximately and environment conferences. In the ductions and educational activities. $600,000 from the Lyons Group. PBS, Chico area—80 miles north of Sac- This has allowed the workship to CPTV, and Lyons have reached an ramento in northern California, there produce four additional major chil- agreement on future book and audio- are no large cities—listeners would no dren’s series: ‘‘The Electric Company,’’ tape sales. PBS estimates that future longer be able to earn college credits ‘‘Square One TV,’’ ‘‘3–2–1 Contact’’ and revenues—based on the latest contract by taking courses through the radio. ‘‘Ghostwriter.’’ Last year, the work- with Lyons—will be at least $2.4 mil- Without public broadcasting in remote shop received approximately $27 mil- lion next year. Pine Hill, NM, the area’s farmers and lion from its merchandising. From this The Corporation for Public Broad- ranchers would simply no longer have a amount, $7 million paid the expenses casting is very aware of the growing radio station to connect them with the associated with managing the limitations on the availability of Fed- outside world. it would be very, very workship’s merchandising business, eral funds. Its staff members are work- tough—if not impossible—for these $13.5 million was reinvested into the ing hard to increase other sources of communities to replace the services production of ‘‘Sesame Street.’’ And, funding so that it can better support provided to them by public broadcast- the remainder went to other workship the stations for which it is responsible. ing. educational activities. But PBS is not a media investment The services provided by public In the 1980’s, PBS and CPB had an in- company. Its mission is to maximize broadcasting come cheap—a Federal come-sharing policy for all public tele- service to the public and to provide investment of just $1.09 in Federal vision programs that brought them a high-quality programs based on sound funds per year for each American; let share of revenues. However, until the educational principles to benefit Amer- us repeat that, $1.09 for each American. ‘‘Barney and Friends’’ show, this was ica’s children. If the mission of public That’s 80 cents for public television not a significant source of revenue for television were strictly to maximize and 29 cents for public radio. And this either PBS or CPB. With the advent of commercial return, the program selec- money is a good investment. In public Barney’s merchandising success, PBS tion criteria would be quite different. broadcasting, every dollar in Federal and CPB took steps to obtain a share of Selection criteria would be based not funding leverages $5 in other funding. the revenues. However, because the on program nor educational value, but Where do these Federal funds go? Barney show was developed and is pro- rather on retail market potential. Put Twenty-five percent of the Federal duced by a for-profit organization—the simply, public broadcasting would funds received by the Corporation for Lyons Groups—the negotiations and cease to be the national treasure that Public Broadcasting are designated for agreements are much more com- it is today. public radio. Almost all of that plicated than those with the nonprofit There have been many myths float- money—93 percent—goes directly to Children’s Television Workshop. ing around about public broadcasting. local public radio stations. At these In 1991, the Public Broadcasting Sys- Misstatements and incorrect percep- local stations, the Federal funds equal tem made a commitment to increasing tions have clouded up the real picture. about 16 percent of the average public its children’s programming. Because of I have already discussed the so-called radio station’s operating budget. the long development process involved elitist listener issue, as well as the pro- This 16 percent may seem to be a in producing a children’s TV series—be- gram merchandising revenues situa- rather small amount over which to be tween 12 and 36 months—PBS sought to tion. But there are others that need to fighting—but let me relate an interest- acquire children’s TV shows which be cleared up. Let me review some of ing fact told to me by Judy Jankowski, were already being produced. At that them. general manager of KLON–FM 88—a time, Barney had appeared on Con- First myth: ‘‘Telecommunications public radio station that I brought to necticut Public Television [CPTV] and companies could step into the funding California State University, Long briefly on Disney. So, in 1991, PBS, role now played by the Federal govern- Beach, when I was president. According CPB, CPTV, and the Lyons Group en- ment.’’ to Judy, this relatively modest amount tered into an agreement to bring the Reality: The Corporation for Public of funding is what banks and other fi- show to public broadcasting. Under the Broadcasting is not a network. There nancial institutions use as a basis for terms of the agreement, PBS and CPB are no assets for a private company to loans to public stations. In other each committed $1,125,000. Connecticut acquire. Under statute, CPB is not al- words, without Federal funding, public Public Television agreed to commit al- lowed to own stations or sources of broadcasting stations would be se- most $700,000—mainly in-kind services programming. It is a funding mecha- verely hampered in their ability to bor- entailed in establishing the liaison be- nism to shield the station from direct row funds. tween Lyons and the public television Government control. National Public Some argue that public broadcasting stations airing Barney. Lyons and Con- Radio [NPR] and the Public Broadcast- provides a free, publicly subsidized necticut Public Television had already ing Service [PBS], which do have as- platform for the promotion of Barney worked out an income sharing arrange- sets, are private companies and are not and ‘‘Seasme Street’’-type products. As ment which called for CPTV to receive for sale. The local stations are individ- the parent of two former ‘‘Sesame 30 percent of the share of foreign broad- ually licensed by the FCC for non- Street’’ watchers, I can attest to the cast and audio and video sales royal- commercial service. Noncommercial li- fond memories related to the char- ties. However, payments to CPTV censes are available only to not-for- H 2804 CONGRESSIONAL RECORD — HOUSE March 7, 1995 profit entities which provide non- ble alternatives. Public broadcast serv- federally funded activities, let us make commercial educational services, such ices reach 99 percent of American sure that any cuts we make take into as KLON–FM 88. Its entity that is a households—for free. consideration the value of the activity nonprofit one is the California State In addition, there are no channels of to the American people. University Long Beach Foundation. this type for radio. There are virtually So, when we vote on any cuts to the If the critics are referring to possible no other radio sources with the kind of Corporation for Public Broadcasting, private donors, it is too bad that Amer- in-depth news, public affairs, informa- let us keep in mind Americans such as ican commercial television and com- tion, and cultural programming that Mrs. Ida May Bell of Long Beach who mercial radio have not stepped up to public radio provides. wrote, ‘‘I watch KCET–TV every day. I the plate and assured that public TV Fifth myth: ‘‘Direct Broadcast Sat- live on a small pension and can’t afford and public radio survive. The more ellite is now available everywhere in cable, but with KCET available, I am public-spirited cableowners stepped up the 48 contiguous states with over 150 able to enjoy excellent TV.’’ to the plate and funded C–SPAN—the channels of digital video and audio pro- Let us recall the comments of edu- Cable Satellite Public Affairs Network. gramming.’’ cators such as Barbara Mowers of Long If a Donald McGannon still headed Reality: This type of audio program- Beach who wrote about using public Westinghouse—Group W—and Dr. ming service is not yet widely avail- television as a classroom learning tool Frank Stanton still headed the Colum- able to the American public, nor will it to expand the horizons of her students. bia Broadcasting System, maybe that be for several years—unless one has Or the remarks of Lakewood resident would happen. It should. But it hasn’t. somewhere between $600 and $3000 for Donald Versaw who told me that he Second myth: ‘‘PBS and NPR pro- the equipment. It will be the late nine- ‘‘doesn’t think the country should grams already feature advertising— ties before the hardware and infra- make grants to individuals for inane known by the code word ‘underwrit- structure are in place to deliver the ‘art’—but, by and large, Public TV and ing.’ ’’ service. And, this will not be a free Radio is something this country Reality: Sec 399(b)(2) of the Commu- service. needs.’’ nications Act of 1934, which guides the Sixth myth: ‘‘If the 5.2 million PBS We must remember the words of CPB policy in American television and members were to contribute only $55 radio, public and private, states that more a year, it would equal the Federal supporters such as Long Beach resident ‘‘No public broadcast station may share for CPB. It is clear that those do- Glenn Skalland who wrote ‘‘Having re- make its facilities available to any per- nors are the very people who can afford cently suffered a back injury, I have son for the broadcasting of any adver- to contribute an additional $55 a year.’’ viewed more TV than I’m proud to tisement.’’ Public broadcasters are al- Reality: Not so. Not all public radio admit. I can attest to the desolation on lowed, under the statute, to make listeners can afford an additional $55 commercial television. Sex and vio- statements on the air for corporate per year. In fact, 41 percent of the 15 lence sell. Public TV needn’t sell any- sponsors in exchange for remuneration, million people who listen to public thing; consequently, their program- as long as the statement is in no way a radio earn less than $30,000 annually, ming needn’t appeal to our baser in- promotion of the sponsors’ products or and 48 percent live in households with stincts. Shows are informative and, on services. The comment at the begin- combined incomes of under $40,000 per the whole, family-oriented. Please ning or the end of a sponsored pro- year. don’t throw the baby out with the bath gram—‘‘Brought to you by the HPC Seventh myth: ‘‘Current public water. Keep public television free and Company’’—is all the touting a cor- broadcasting formulas favor large on the air.’’ porate sponsor gets. urban, elite stations. They get most of And, the words of Allen Robinson of Third myth: ‘‘75 cents out of every the Federal funds.’’ Long Beach will be hard to forget: dollar spent in public broadcasting Reality: Again, not so. In fiscal year ‘‘I’ve heard it charged that PBS is only goes to overhead.’’ 1994, more than $5.7 million in addi- watched by the cultural elite. Well, I Reality: This misstatement appears tional support funding was given to don’t have an elite bone in my whole to come from a report called ‘‘Quality unserved areas and underserved audi- body, but I do have half a brain which Time’’ which was issued by the Twenti- ences. From 1991 to 1993, CPB expan- is twice as much that’s required to eth Century Fund task force on public sion grants to markets with fewer than watch the drivel served up by the com- television. The report stated, ‘‘Of the 25,000 people, to stations that provide mercial stations. This must be a nation $1.2 billion spent in the public tele- the only full-power broadcast service of idiots judging from what ‘sells.’ vision system in 1992, approximately 75 to their communities, and to stations Good taste, decency, and integrity percent of the funds were used to cover in unserved markets helped 3.5 million can’t compete with sensationalism, the cost of station operations.’’ The people receive public radio signals for pornography, distortion, and push- term ‘‘station operations’’ meant every the first time. your-button politically correct slices activity a station undertakes besides Eighth myth: ‘‘Public broadcasting is of touchy-feely liberal humbug or a national programming—such things as the mouthpiece of the liberal elite.’’ race-baiting right-wing blowhard ego- administration, community service Reality: In response to Congressional maniac. No wonder the kids are so programs, delivery of services, and the concern in 1993, a joint, bipartisan screwed up. A democracy depends on a cost of producing or acquiring local project by two established research literate informed citizen. PBS is going programming, indeed, a lot of what a firms—Lauer, Lalley & Associates and its share.’’ station does. Community service and Public Opinion Strategies—conducted Most of us in the House want to see local programming are a vital part of a national survey to assess public per- a greater emphasis on personal respon- public broadcasting’s role in the com- ceptions of balance, objectivity, and sibility. Some of the proposals we are munity—a responsibility many com- bias in programming aired by public considering in the Contract With mercial stations ignore. broadcasting. They found that roughly America correctly focus on that. Wel- Fourth myth: ‘‘With so many tele- equal percentages agree that public fare reform is an example. President vision channels available—CNN, Dis- televisions is too slanted toward liberal and Congress claim to be of one mind covery, the Learning Channel, the His- positions—28 percent—and too slanted on creating a framework of law which tory Channel, Arts & Entertainment— toward conservative positions—28 per- will encourage personal responsibility. there are plenty of substitutes for pub- cent. In brief, most of us believe values are lic broadcasting.’’ The reality check to these myths important. Most Americans who sent Cable channels are available without shows us that America is getting quite us here believe the same as we do. government subsidy because they have a bargain for the modest support we in Hamid R. Rahai, a resident of my dis- two revenue streams—advertising and Congress give to public broadcasting. trict, put his finger on what all of us subscription fees averaging $40 per They do a lot with a little. We must do need to ask ourselves: He speaks ‘‘as a month. For the 40 percent of the Amer- all we can to help further their efforts. parent and an educator’’ and admits ican people who do not have cable pro- While we all know that cuts must be that he is ‘‘quite puzzled that at a time gramming, these programs are not via- made across the board in virtually all when Congress and its leadership March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2805 champion teaching of values and per- to class and start the class day. At sult in the loss of $1.3 billion nation- sonal responsibilities, they plan to do lunch they had an opportunity, after ally and $78 million to Louisiana. That away with educational tools needed to staying in school for 4 hours, or so, to is how much money the State of Lou- educate the public and specially young go to lunch. isiana will lose as a result of this re- people.’’ He sees public TV as ‘‘an ex- But one student had asked a very sig- scission package. cellent educational tool. It offers a nificant question. He walked up to me Now, Louisiana has a very strong fresh alternative to the mundane (at after a briefing that we did at the reputation in the area of school best), useless or sometimes outright school, and he asked the question, he lunches. I am proud to stand on the destructive programming offered by said, ‘‘Congressman FIELDS, what is a floor of the House tonight and state commercial and cable networks that rescission?’’ And I explained to him that Louisiana is right at the very top are being offered as an alternative. It is that a rescission was something that as it relates to its nutrition program, free and accessible to all, particularly you rescind, something that you take and they should be commended for to the underprivileged who need it away, something that you grant and that. most, and could not afford the cost of then at a later time you take it away, Now, there is also the need to be cable networks.’’ and I guess I want to start tonight ex- some clarity as it relates to what type Mr. Rahai is absolutely correct. plaining what actually took place and of lunch programs we are talking We all know that for the last several what is taking place here in Congress about, because many people when you decades most Americans receive their and what took place in the subcommit- say school lunch, many people think it political information to decide presi- tee and the full committee as relates to is free lunch. There are actually three dential and statewide races from com- the rescissions that are taking place in tiers of the school lunch, many people mercial television—the occasional de- education. think it is free lunch. There are actu- bates, the ceaseless number of paid—by Last year we had an opportunity to ally three tiers of the school nutrition the candidates—misleading and shal- review the budget and review the prior- low advertisements, the horse-race program. First, there is the free-lunch ities of this country, and we granted students who can take advantage of focus of the national commentaries. different budget items, and now we find ‘‘Who’s up?’’ and ‘‘Who’s down?’’ The the free-lunch programs. Students can ourselves in this Congress rescinding take advantage of the reduced-price endless chatter leads many voters to many of the dollars that we were able lunch program, or they can take ad- ask: ‘‘Who cares?’’ Public radio and to allocate last year. Many local school vantage of just paying the regular cost. public television provide an island of boards, many local governments, and And the way this program is set up sanity by sponsoring debates and in- many people in many departments under the current law, if a family in- depth interviews of candidates at all across the country find themselves in a come is 130 percent of the poverty level levels of our system. very awkward position preparing for or less, they receive free lunch; 185 per- As Pat and Jim Bliss of Long Beach their fiscal year, relying on the con- cent of the poverty level or less, they wrote, ‘‘there is probably no dearer in- fidence of Washington, the Congress, as receive reduced lunches; and those stitution to the hearts of almost every- a result of them approving a budget in families that are more than 185 percent one who values education and the arts 1994, and now we find ourselves here re- of the poverty level, they receive a than public radio and television.’’ scinding the very dollars that we com- Mr. Speaker, we must, in some way, mitted to them. simple, regular lunch. preserve this great national treasure. Now, I rise tonight because I rep- If you look at the statistics, you find Margaret M. Langhans of Long Beach resent, Mr. Speaker, a very, very poor most schools cannot even maintain saw an analogy between our national district. Last year I represented the their school lunch program based on parks and public television and radio: poorest congressional district in the the revenues from free lunch or re- ‘‘To lessen access to public airwaves is entire country, but because of redis- duced lunch and, therefore, those indi- akin to lessening access to our na- tricting, now I represent the second viduals who come to school every day tional parks. We hold both in trust for poorest congressional district in the and are able to have the wherewithal the benefit of the Republic.’’ country. to pay the full price for lunch or break- I could not have said it better, Mar- It really amazes me, because accord- fast actually help sustain the lunch garet. ing to the Center on Budget and Policy program. Under this proposal, many of f Priority, 53 percent of all of the rescis- those individuals will be basically knocked away. b 2215 sions fall on the backs of poor people, low-income people in America, and I The other problem is 57 percent of all THE SCHOOL NUTRITION want to talk a little bit about how students actually participate in the PROGRAMS these rescissions will affect my own school lunch program. In Louisiana 76 The SPEAKER pro tempore (Mr. State, the State of Louisiana. percent of the people, of the students, DUNCAN). Under the Speaker’s an- Nationally, $5 billion will be cut from who attend public school, attend school nounced policy of January 4, 1995, the the school lunch program. How would in Louisiana, participate in the school gentleman from Louisiana [Mr. FIELDS] that affect Louisiana? one hundred lunch program. That is 622,000 students is recognized for 60 minutes. sixty four million dollars in the school in Louisiana that take advantage of Mr. FIELDS of Louisiana. Mr. Speak- lunch program, the nutrition program, the school lunch program. er, I want to advise the Speaker that at will be taken away from the State of Why do we have such a disproportion- some point in the discussion I will be Louisiana. ate number in Louisiana versus the na- yielding to my colleague, the gen- Now, many of my colleagues on the tional average? The national average is tleman from South Carolina [Mr. other side of the aisle argue that, ‘‘We 57 percent, Louisiana 76 percent. Well, CLYBURN], to enter into a colloquy. did not cut funding for school lunch because Louisiana is a poor State. That Mr. Speaker, on Monday of this week and school nutrition programs. We, in is one of the problems I have with this I had the opportunity to meet with fact, increase funding.’’ Increase is in school lunch program, the revised ver- young students at Kenilworth Middle the eye of the beholder. sion, the rescission package that School in Baton Rouge, LA. I had an Let us talk a little bit about the in- passed the committee. What is going to opportunity to meet with them for crease versus the decrease. I submit to happen is it is not going to award breakfast and talk with them about you today, Mr. Speaker, there was an States that have a very, very high pov- the school lunch program and the actual decrease, because last year we erty rate. It only awards States based breakfast program. At that breakfast committed a 5.2-percent increase for on their participation in the lunch pro- meeting, Mr. Speaker, I had an oppor- 1995. This year we rescind that, and we gram, based on the number of students tunity to see young students with real only give a 4-percent increase. So ac- who participate in the school lunch dreary eyes, and they were not Demo- cording to my mathematical knowl- program. crats, they were not Republicans. They edge, that is a 1.2-percent decrease in In my State, I am going to be judged were simply hungry. They wanted the the school lunch program. The dif- by other States that are very, very opportunity to have breakfast and go ference in the annual increase will re- wealthy States. They do not have the H 2806 CONGRESSIONAL RECORD — HOUSE March 7, 1995 poverty rate that we have in Louisi- ceives one of these block grants, par- According to GAO, WIC saves $3.50 ana. As a result, we are going to get a ticipate and live up to a certain nutri- for every dollar we spend, so this is, in disproportionate amount of money ap- tion standard? fact, a cost savings. We are now going propriated to our State simply because I, along with other members of my— to spend less money by cutting this nu- this formula that this committee of other colleagues of mine will be in- trition program by $25 million. We are adopted did not give any deference troducing legislation, introducing going to spend more money. Healthy whatsoever to those States that have a amendments trying to amend this leg- Start and other very, very important high, high poverty level. islation so we can take out the 20 per- programs for expectant mothers cut. Let us talk a little bit about how this cent. We are going to be making seri- One hundred million dollars remain, block grant will actually work and how ous attempts on this floor to try and $10 million cut, not to mention elemen- it will affect local government. But take out the percentage that gives tary and secondary education infra- most local governments, they like the local governments the opportunity to structure. idea of block grants, because they feel just use money however they see fit. I mean every time I walk into a they have the opportunity to manage We are going to try to put nutritional school house in my own State and their own affairs. That sounds great, standards within this block grant pro- many States across this country, many Mr. Speaker. posal because we feel that it will be a times the ceilings leak, the air condi- b 2230 step in the wrong direction to just give States an opportunity to take—to use tion does not work, heating system That sounds great, Mr. Speaker, but money and not give them any guide- does not work, kids in buildings that the problem with that, first of all, it lines in terms of nutrition. were built in the 1950’s, lead paint, as- gives local governments the oppor- States, some States, may adopt poli- bestos, and here we have the audacity tunity to cut 20 percent or to use 20 cies. I think the fast-food market will to take $100 million for infrastructure percent of the 100-percent funding in just take over the school system at for public schools and in the same that block grant for something else. school lunch programs. We are going to breath appropriate $10 billion to build They do not have to use it for school be serving our kids french fries, and more jails. nutrition, so we are going to be sending who is to say one State would not And we tell our kids that in the fu- money to local governments with a choose to choose to serve kids peanut ture—education is the future. Teach blindfold, money that is appropriated butter and jelly? No standards whatso- the children well, and let them lead the for the purpose of feeding children, who ever. way. I believe the children are our fu- cannot afford to buy meals, children Mr. God, do we not have an interest ture, and we take $100 million in build- who can only pay a reduced price for in what children eat? But according to ing schools and building schools’ infra- their meals, and students who, in fact, this proposal we do not. But do we have structure so they can be safe, and we can pay the full price, 20 percent of an interest in what we feed prisoners? spend $10 billion more in building jails. these dollars can be allocated for other Yes, we do. programs. So that is a 20-percent cut in So, if you are a prisoner in this coun- It is a crying shame in this country and of itself, so we are not actually al- try, you get three square meals a day, that this very Congress, we appropriate locating a hundred percent block and you walk into a prison where the $10 billion to build more prisons, and grant. We are only allocating an 80-per- air condition works during the sum- cent block grant. another 20 billion for more prisons and mertime, the heat works during the We also give a 2-percent—give local other programs for prisoners, and every wintertime, and the ceilings do not governments the opportunity to use 2 prisoner that walks into a jail cell re- leak. But if you are a kid, wants to get percent for administrative costs, so ceives three balanced meals a day, and an education in this country, your food that is, in fact, 22 percent that would they regulate it, and if they do not re- program is in jeopardy. No standards not go on the tables of cafeterias all ceive one, they can complain, and then for national nutrition. Your ceilings across the State of Louisiana and cafe- the Federal courts in this country will will continue to leak, air condition will terias all across American, and I think come to their rescue, and the Justice continue to not work, and you may that is a crying shame, to add insult to Department will come to their rescue, freeze during the wintertime, but we injury. The whole though and the but we are going to have child who care about your education, and we care whole idea of giving local governments walk into school houses all across this about our children. the opportunity to manage their own Nation, trying to learn, get a decent You know, 86 percent of the people affairs—from people, for many of my education, and then when that stomach who are in jail in this country are high colleagues on the other side of the growls, walk to the cafeteria. There is school dropouts for crying out loud. aisle, they say the reason we want to no guarantee any one of them will re- There are some serious correlations be- ceive a balanced meal. But if you are a do that is because we want to cut out tween education and incarceration. If prisoner, you can receive a balanced the bureaucracy, we want to cut out we reduce the drop-out rate, then we meal. So I think it is wrong that we the Federal Waste. But what we actu- can reduce the prison rate, and it just choose to try to fix something that is ally do is we create more bureaucracy. appears that we put more time and em- not broke. I would be the last to say or state on phasis on putting people in jail than we I want to also Mr. Speaker, about in- this floor that Federal Government is do in educating a young child. Twenty- not a bureaucracy, but what we are fant mortality, another rescission, $25 million from Food and nutrition serv- eight to $30,000 a year to incarcerate a doing is we are dismantling the Federal prisoner, but, if you are a child, we bureaucracy, and we are creating 50 ices, WIC. Only $3.5 billion remain. only spend about $4,000 a year to edu- separate State bureaucracies under Fifty to a hundred expectant parents, cate you. We have kids who walk in this program that passed the house. expectant mother, women pregnant, public school every day that do not The other problem that I have with just cut off the rolls. it, and the biggest problem that I have In my State I take a moment of per- have a book for a subject, and I think with this proposal, is that it gives no sonal privilege because in my State we there is something wrong with that, consideration what so ever to what we lead the Nation in infant mortality. We and we continue to cut money from feed children. We put the blindfold on, have more babies that die after they education. and we send millions upon millions of are born in Louisiana than from any- Public broadcasting, another rescis- dollars to the States, and we do not thing else. sion, $141 million cut over 2 years. them that they have to feed children a So I just think this Federal Govern- Promise that we have made to kids all balanced meal. ment should have an interest in chil- across America, it is cut, and I com- Now, my God, if the Federal govern- dren once they are born, and the only mend the Speaker who decided to give ment does not have an interest in the way you can have an interest in chil- $2,000 a year to public broadcasting. well-being of individual students in dren once they are born is by taking an But with all due respect, Mr. Speaker, this country, then what do we have an interest in the mother while she is $2,000 compared to $141 million does not interest in? Why should we not make it pregnant. That is the way we reduce even come close. How can one cut $141 a requirements of every State who re- infant mortality rates in this Nation. million out of a program and then March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2807 write a check for 2,000 and expect peo- know that in this country we have a se- tech prep and educational programs ple to be happy and kids to jump for rious problem with drugs, and guns, that helped kids. joy? and violence within our schools. Does State student initiative program, We know about the violence that we this budget represent that? Absolutely took away all that money. My State have on our networks. I mean last year not. How much money do we appro- will lose $901,000. we debated that issue in committee. priate for safe and drug-free schools? And let me start closing by talking a We had all the major networks to come Well, we committed $481 million. We little bit about summer jobs and yield to this Congress, and thank God for our committed to Louisiana $10 million. to the gentleman from South Carolina. Attorney General Janet Reno who They have already planned to spend I really have real difficulty with the tried to make these individuals more that money because there is a serious summer jobs program—I have real dif- responsive in their programming, and problem there. How much did we put in ficulty with the elimination of the yet we still take away this very viable, this budget? Zero. We cut $481 million, summer jobs program. One point two clean, wholesome opportunity for chil- the entire safe and drug-free schools million children will lose the oppor- dren to learn. budget, out of this rescission package. tunity to become employed and edu- Twenty-eight million dollars we take Now I do not know about in other cated over this summer. Many students States, but in Louisiana we have a out of the drop-out program. How use this as an opportunity to buy drug problem in schools and a violence much money remains? Zero. Why take school clothes, opportunity to buy problem in schools. We have kids who issue with that? Because in my State school supplies. bring guns to school. Problem needs to we lead the Nation in high school drop- And here again I take a moment of be addressed. And I do not come from out. So I cannot be happy tonight. personal privilege. I guess I reflect my When we were saying $28 million from the school of thought that you just throw money at problems, but you district because I benefitted from a drop-out program, you would think, many of these programs. And it would based on this budget, we have no drop- should have a structure there to assist teachers, and parents and school ad- be hypocritical for me to not stand on out problem. Everything in education this floor and defend some of these pro- is perfect. So now, kids, the message is ministrators to deal with these very, very serious problems. grams because maybe some people here it is okay to drop out of school because think that these programs are just we are not going to give any money to b 2245 pork-barrel programs and they don’t try to keep you from dropping out. Mr. FIELDS of Louisiana. Goals 2000 really affect real people. Literacy program; you would think last year we appropriated $371 million. I couldn’t wait for the summer—not we led the Nation, lead the world, in This year we took away $142 million. to play, not because we didn’t have literacy. We all know that is not the Louisiana, my State, will lose school. I wanted—I was waiting for the case as much as I would like to stand $8,200,000, money that is needed to de- summer because I was ready to go to in this House tonight and say, ‘‘Amer- velop our educational system. School work. I wanted to be on somebody’s ica leads the world, all of our citizens improvement programs last year we payroll. I wanted to help my mother are literate, we don’t have a drop-out appropriated $320 million. This year we buy my school clothes. I wanted to be problem, we don’t have an educational took away $60 million. able to buy books and supplies. problem.’’ If you look at this budget, How would it affect my own State? you would think that is the case, $54 Can you imagine not a student will Seven million dollars the State will re- be able to benefit from the summer million from literacy programs. Here ceive, $1.3 million will be rescinded again a direct impact on the State I jobs program this summer? And we from the State. Education for the dis- want to decrease crime? So not only represent, direct impact on the district advantaged, we appropriated in this that I represent. I have a literacy prob- are we going to take mothers off wel- Congress $6.7 billion. We took away fare rolls, we want to take students off lem in the district I represent, and in $105 million. Louisiana will lose $2.9 the State we rank high in the Nation. payrolls. million as a result of this recisioin How do we in good conscience in this You know, I was looking at this package. budget with staff the other day. I said, Congress just wipe out a jobs program What about education for the home- for young people overnight? You have ‘‘Maybe Louisiana is not a member of less, children, and youth? We are sup- this Union anymore, or maybe the to have very little conscience or just posed to be family friendly. We appro- no idea how these programs affect peo- Committee on the Budget and the Com- priated last Congress $28 million. How mittee on Economic Opportunity know ple. much did we appropriate this year? In Louisiana, for example, 19 million nothing about Louisiana’s statistics.’’ Zero. We took it all back. These are no Eleven point two million dollars for eliminated. How many summer jobs? monies for 1996. These are monies that Thirteen thousand students in Louisi- Trio program, a program that is de- we committed for 1995. We just zeroed ana will not go to work this summer. signed to help young people who are the budget. What are they going to do? Well, we disadvantaged, who had a tough start, How would it affect my State? Seven are building $10 billion more in jails, who may have one parent at home ver- hundred ninety-five thousand dollars in putting $10 billion more in jails. It is sus two. Maybe the parent died, one of my State, gone. Do we have a children the parents died. You know, I also take and youth problem and homeless prob- almost the attitude we are not going to personal privilege on that program, Mr. lem in our State? Yes. give you a job, we are not going to im- Speaker, because I am a product of Tech prep, I have received more faxes prove your schools, and we may not that program, as I am the lunch pro- from people across my district about even give you lunch, but we are going gram. You know all parents, all kids, this program. Vocational and adult to give you a jail. do not have two parents because one education program, Federal funding, I can’t go back to my district or to parent walked out. Some kids have one we funded for 1995 $108 million. In this my State and tell 13,000 young people parent because one parent died, like it recision package we took each and that they don’t deserve a summer job was in my case, and this government every dollar away from that program, this summer. They are not committing thought enough of me to give me a $108 million rescinded. In my State $2.2 crimes. They are not on drugs. All they Trio program to help me to give teach- million, gone. want to do is work. They want to work. ers an incentive to help me believe in Every student can’t go to college. They want to wake up every morning, myself. Every student—some students just go to work, and then come home at the Do we still have that problem today? don’t want to go to college. But should end of the day. We know that the number of kids who we say we should have nothing between And lastly, many say we do this to are coming from single parent house- high school graduation and college? If balance the budget. We ought to cut holds went up, did not go down. Who you graduate from high school, and some of these programs. I would be the does this budget represent? you don’t go to college, then no pro- last to state that we should not cut the Drug-free schools and communities, grams? I don’t think so. The only thing budget. But I have strong debate and safe schools and drug-free schools. Now we got between school and college are strong, strong opposition to this rescis- it does not take a rocket scientist to jails. We rescind all of the money for sion package because where are the H 2808 CONGRESSIONAL RECORD — HOUSE March 7, 1995 cuts? It cuts innocent people, children, we would be there for them to help as- Now, why is it necessary for us to young people, poor people, people who sist them as they seek other employ- only look in these directions in order can put up the least amount of defense. ment, as they, in fact, become dis- to find funds to cut back on the level of And if we really want to balance the located workers. expenditures? budget, then why not rescind the $14.4 But here we are now, after all that There are billions of dollars to be billion that we are going to send out- has been done, we are now saying to found in other areas. And many of side of this country? How can we tell the people down there that we are them, if we were to bring them to this kids in Texas and South Carolina and going to pass legislation to rescind at floor, I would not only vote for, but I Louisiana—I certainly can’t go back to least 52,000 of those slots. would be a strong advocate helping to my direct and tell kids in Baton Rouge Now, I don’t know how many of those work the floor on behalf of their pas- and Appaloosa that they can’t have a will fall on people who live in my con- sage. summer job but we are going to give gressional district. Though the naval b 2300 Russia $1.2 billion. I cannot tell them base is not in my district, many of the that. I can’t tell a child in one of the people who work there live in my dis- Mr. CLYBURN. But to focus on those high schools that you may not have a trict. All of them are in South Caro- who are the weakest, those who do not balanced meal but we are about to send lina. And I feel as much responsibility have high powered lobbyists to argue $1.2 billion in foreign aid to other coun- for them as I do the people who are in their causes, to me is a bit much for us tries. my district. to be doing, and so I want to congratu- How can you tell them they are not But we are United States Congress- late the gentleman from Louisiana going to have a summer job when you people. And there are many other sec- [Mr. FIELDS] for bringing us here this send economic aid to the tune of $2.3 tions in our country where dislocated evening to talk about this rescission billion outside of this country? workers are going to find their futures package because in the next day or How can you even tell them we can- dimmed tremendously because of these two, we are going to begin to focus. not spend money on people in America rescissions. And so now we are going to Now, I have had a lot of visitors in my when we just signed a $20 billion note see 52,000 fewer slots. office in the last few days. I would be for Mexico? I do not believe that that is a fair there at 7:30, I will be having breakfast Yes, I want a balanced budget, but if with people from the technical edu- way to go about trying to find monies we are going to balance the budget, cation people in my community, voca- to balance the budget or to cut back on let’s be real. If we are really balancing tion educational people are all here, the so-called deficit. The interesting the budget, then let’s not give Mexico wanting us to really be sensible about thing in all of this is that I began to a $20 billion loan and let’s not give some of these cuts. analyze what it is that we plan to do these other countries $14 billion. But I want to mention one last area with this money. I don’t see that it is And I thank the gentleman from because I think it is so important, and going in that direction at all. South Carolina for being patient, and that is the area of literacy. The inter- In fact, I have just read with some at this time I want to yield to the gen- esting thing, there are three signifi- degree of interest what we are planning tleman from South Carolina. cant literacy programs that these re- to do with the new food stamp propos- Mr. CLYBURN. Thank you. I appre- scissions will just terminate; not cut ciate that. als. We are now saying that we want to back so that we will serve fewer people. Mr. Speaker, since the beginning of cut billions of dollars out of the food They are terminated altogether. The the 104th Congress I have become in- stamp program, not to correct and do workplace literacy partnerships, termi- creasingly alarmed at the rapid speed away with fraud. We are now saying we nated. The literacy program for home- and harmful nature of much of the leg- want to balance the—or eliminate less adults, terminated. The literacy islation that we are passing on this funds for the food stamp program so program for prisoners, terminated. floor. But as the gentleman from Lou- that we can have enough money to Here we are building more prisons, and isiana has just indicated, none has fund a tax cut for people who make what we seem to be focused on is a caused me more concern thus far than more than $200,000 a year. That seems warehousing of prisoners. It would the proposal that would actually take to be somehow the mind-set of many of seem to me that we ought to be look- the food out of the mouths of our Na- the people in this body. And I think ing at ways to rehabilitate people, and tion’s youth. that that is a tremendous demonstra- the best way I know to rehabilitate I am referring of course to the legis- tion of the lack of compassion that I many of the people who find their ways lative proposals that are before us that think all public servants ought to have into our prison systems is to teach would threaten the very survival of for those people among us who are less them to read and write. We know that such programs as supplemental nutri- fortunate. significant numbers of people who find tion program for women, infants, and But let’s look at a couple of other themselves incarcerated need basic lit- children, better known as WIC, and the things as well. The Department of eracy training, and here we are termi- school lunch program. Labor has made a four-year commit- nating that program. Now, the gentleman has gone ment to funding 17 communities where So what we are going to do, we will through most of these and so I will not we have these youth fair chance pro- take a person off the street, the person be redundant and mention them, but grams. According to the rescission who does not know how to read or there are a couple of other things in package, approximately 2,000 at-risk write, incarcerate that person for a addition to the feeding programs that I youth per site will not be served if we number of years, or what have you, am particularly concerned about. go forward with these rescissions. under these new no-parole programs we For instance, if you look at this re- But then we move from the youth, have got, and let them just sit there scission package, one of the things you the most vulnerable among us, and go for five years or whatever number of will see in there will be rescissions that over and look at the next most vulner- years and then when the time is up, will take away 52,000 slots for dis- able among us, the elderly, and we look turn them back out on the street, not located workers. Now, I am particu- at this rescission package and then we allow them an opportunity to learn to larly concerned about that because just see 3,300 fewer elderly workers will be read or write, and many other pro- outside of my district, within my provided employment opportunities in grams that we have already begun to State, and, of course, having a tremen- this program year. take away in other areas as well. dous impact on my district, happens to Now, it is kind of interesting as we And so I plead with the Members of be that area down in Charleston where go through this rescission package, we this body, I plead with the influential we just closed five Naval installations look at educational programs, edu- people in the various communities and we have now begun to hand out cational programs for the youth. We across this country, to use their influ- pink slips to the people who have look at the Labor Department, their ence with the Members of this body, to worked 20, 30 years in those installa- programs for people who are considered ask them to begin to look seriously at tions, and we, in closing those installa- to be disadvantaged and people who are the consequences of the actions that tions, led people there to believe that the elderly. we take. What it is that we can expect March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2809 to get in return for the actions that we And a thousand participants will be ef- disabled, and we are now seeing that take here. Do we really expect to build fected. That is going to take place as we are going to break faith with them, a better America, to build better peo- soon as this rescission package passes if these rescissions go through, as well ple, better communities by these kinds this body and the other body and per- as proposed cuts for future years. So of actions? I don’t think so. I do think haps signed by the man on Pennsylva- tommorrow evening, we are going to that we ought to feed our children. I do nia Avenue. spend an hour going through those re- think that we ought to take care of We didn’t state the impact that it scissions, section by section, and in- those people who find themselves in may have on housing. Let’s talk a lit- form the American people, especially the twilight years of their lives, and I tle bit about those people who live in those who served in the military, of the do think that we ought to do what is public housing, for crying out loud, in exact impact that this is going to have necessary to strengthen those who are this country. I think people in public on them. the weakest links in our society and I housing need to know that 63,000 fami- So I thank the gentleman very much believe that we as a Nation will be bet- lies will lose housing assistance as a re- for bringing that up. That is why I did ter off because of it. sult of this rescission package; 12,000 not get into that this evening, because Mr. FIELDS of Louisiana. Will the homeless families, homeless. These are I plan to participate tommorrow gentleman yield? people who don’t have homes. They are evening with the gentlewoman from Mr. CLYBURN. Yes, I will be pleased going to lose any kind of housing as- Florida, Ms. CORRINE BROWN. to yield. sistance that they may be entitled to Mr. FIELDS of Louisiana. I thank under this rescission package. To add Mr. FIELDS of Louisiana. I thank the gentleman for yielding. There has insult to injury, 2,000 disabled individ- the gentleman for spending this time been a lot of talk about contract and uals. I just think that is just a—it is al- with me on this special order. I thank we often talk about our own contract, most a slap in the face, and I just want the gentleman for making the com- our contract being the United States to close with the damage that it does ments that he made about all the pro- Constitution. Within our contract, the to veterans. grams that are in this rescission pack- preamble of our contract, which is the I mean, I don’t know if the gen- age. preamble to the Constitution it states tleman has served in the military, but Let me just close by simply saying, in no uncertain terms that we must I know people in my district who have in basic contracts, when I was in law promote the general welfare of our citi- served in the military and I tell you, school, Professor DeBassenet, who was zens in our country. And it appears nothing makes me prouder than to see my contract professor, taught me, we that this rescission package certainly a man in uniform who serves this coun- often, I guess about almost half a se- violates that contract, when you take try. I mean, we sit and talk in this mester we talked about what is a con- money away from kids in school, you hall, in this Congress, and we enjoy the tract. I learned that a contract was a take money away from summer jobs freedoms of this country and we enjoy manifestation to enter into a bargain and you put more kids on the street, the protection of this country, and we so made as to justify the other one’s but let me just add a couple of other engage in debate and it is the kind of consent to that bargain will conclude things. debate where you are at one mike and that bargain. Did the gentleman know that under I am at another, but these are people We entered into a contract with the the job training program, youth train- who put their lives on the line and go American people. We entered into that ing program that provides direct train- and fight for our freedom so we can be contract in 1994 in this hall, in this ing to help economically disadvantaged free and have this kind of exchange in Congress. We told the American people youth in my State, $7 million will be a Democratic society. that we were going to fund this pro- eliminated from this program, cancel- But what do we do for them? Well, gram and that program, meaningful ling about 2,500 young people’s jobs they are going to suffer $206 million in programs so that we could promote the this summer? Did the gentleman fur- cuts, $50 million from equipment, $156 general welfare of this country. We ther know that I have the poorest area million in construction projects, and come right herein 1995 and we rescind in the whole country in my State, in approximately 171 hospitals and clinics or violate that contract. We call it a Lake Providence, and we have been will be affected by the loss of this fund- rescission, but it is not really a rescis- fighting very hard and profusely to get ing. I mean, if we can’t protect our sion. It is a violation of the contract. a job corps center and under the 1995 children, can’t protect our elderly, We entered into a contract with the budget. There were four new job corps can’t protect our veterans, and particu- American people. Now we are rescind- centers in the budget and the state— larly the poor, I mean, even the Bible ing from what we agreed to do. We are certainly Louisiana was an area that says the poor shall always be with us. talking something away. Like that lit- would fall right in line with obtain- Mr. CLYBURN. If the gentleman tle kid at Kenilworth who said, what is ing—appreciating one of those benefits. would yield, I want to thank you very a rescission? It is when you rescind The benefits of one of those programs, much for mentioning the veterans cuts, something, when you take it away. We simply because it is so economically because on tomorrow evening, hope- depressed, particularly is teenagers. We fully at an earlier hour than we are entered into a contract, and now we have more teenagers who are impover- here at the moment, our colleague are talking it away. I want to thank the gentleman, and I ished and who are dropping out of from Florida, Ms. CORRINE BROWN, has school than probably any other state. organized a special order in which we want to thank the Speaker for giving A total of 100,000 participants would are going to go through all of these re- us the opportunity to talk about these be entirely canceled as a result of this scissions as it relates to veterans, the very important issues. I certainly hope job corps reduction in this rescission two of us that serve on the Veterans that my colleagues, once this debate package, and we are going to have to Affairs Committee, and we are very reaches this floor, really will just put cancel about 1,600 positions that we an- concerned about what these rescission away their partisanship, throw away ticipated that we had the opportunity also mean to the veterans of our coun- their Democratic buttons, throw away to get this program. Did the gentleman try. their Republican buttons, but do not further know that we talk about get- though throw away their conscience. b 2310 ting people off of welfare and adults f need to go out and learn a skill and go I had a significant number of DAV to work, but under this rescission members in my office today, Disabled The SPEAKER pro tempore. Under package how can people get out of wel- American Veterans, talking about the the Speaker’s announced policy of Jan- fare and learn a skill had we cut fund- impact that these rescissions will have uary 4, 1995, the gentleman from Guam ing for adult training? on them and you are talking about a [Mr. UNDERWOOD] is recognized for 30 I mean, employment training for contract. This is breaking a contract. minutes. adults and disadvantaged and dis- These people, we had a contract with [Mr. UNDERWOOD addressed the located workers, as you stated, is them. They went off to defend the Na- House. His remarks will appear here- eliminated. My State will lose $700,000. tion. They are now back, many of them after in the Extensions of Remarks.] H 2810 CONGRESSIONAL RECORD — HOUSE March 7, 1995 LEAVE OF ABSENCE EXTENSION OF REMARKS 488. A letter from the Inspector General, Agency for International Development, By unanimous consent, leave of ab- By unanimous consent, permission to transmitting an audit of USAID’s compli- sence was granted to: revise and extend remarks was granted ance with the lobbying restriction require- Mr. CONDIT (at the request of Mr. to: ments in 31 U.S.C. 1352, pursuant to Public GEPHARDT), for today, on account of (The following Members (at the re- Law 101–121, section 319(a)(1) (103 Stat. 753; to personal business. quest of Mr. WARD) and to include ex- the Committee on Government Reform and Ms. MCKINNEY (at the request of Mr. traneous matter:) Oversight. 489. A letter from the Chair, Federal En- GEPHARDT), for today, on account of of- Mr. TORRES. ergy Regulatory Commission, transmitting a Mr. STARK. ficial business report of activities under the Freedom of In- Mr. ORTON (at the request of Mr. GEP- Mr. CARDIN. formation Act for calendar year 1994, pursu- HARDT), for today before 1:30 p.m., on Mr. VISCLOSKY. ant to 5 U.S.C. 552(e); to the Committee on account of family medical business. Mr. KENNEDY of Massachusetts. Government Reform and Oversight. Mr. MCDADE (at the request of Mr. Mr. SKELTON. 490. A letter from the Chairman, National ARMEY), for today, on account of ill- Mr. TOWNS in 10 instances. Credit Union Administration, transmitting a ness. Mr. TRAFICANT. report of activities under the Freedom of In- formation Act for calendar year 1994, pursu- Mr. ROGERS (at the request of Mr. Mr. HASTINGS of Florida in two in- stances. ant to 5 U.S.C. 552; to the Committee on Gov- ARMEY) for today until 1 p.m., on ac- ernment Reform and Oversight. count of personal reasons. Mr. REED. 491. A letter from the Chairman, Adminis- Mr. BERMAN. trative Conference of the United States, f Mr. COLEMAN. transmitting a draft of proposed legislation Mr. KENNEDY of Rhode Island. to amend the Administrative Conference SPECIAL ORDERS GRANTED Mr. OWENS. Act; to the Committee on the Judiciary. By unanimous consent, permission to Mr. GUTIERREZ. 492. A letter from the Administrator, Fed- address the House, following the legis- Mr. HALL of Texas in two instances. eral Aviation Administration, transmitting (The following Members (at the re- the FAA report of progress on developing lative program and any special orders and certifying the Traffic Alert and Collision heretofore entered, was granted to: quest of Mr. SMITH of Michigan) and to Avoidance System [TCAS] for the period Oc- (The following Members (at the re- include extraneous matter:) tober through December 1994, pursuant to quest of Mr. WARD) to revise and ex- Mr. CUNNINGHAM. Public Law 100–223, section 203(b) (101 Stat. tend their remarks and include extra- Mr. TAYLOR of North Carolina. 1518); jointly, to the Committees on Trans- neous material:) Mr. BAKER of California. portation and Infrastructure and Science. Mr. GEPHARDT, for 5 minutes, today. Mr. LAZIO of New York. f Mr. OBERSTAR, for 5 minutes, today. Mr. HASTINGS of Washington. Mr. OLVER, for 5 minutes, today. Mr. BURTON of Indiana in two in- REPORTS OF COMMITTEES ON Mr. BROWDER, for 5 minutes, today. stances. PUBLIC BILLS AND RESOLUTIONS Mr. WELDON of Pennsylvania in three Mr. WYNN, for 5 minutes, today. Under clause 2 of rule XIII, reports of instances. Mr. BISHOP, for 5 minutes, today. committees were delivered to the Clerk Mr. LARGENT. Mr. DEFAZIO, for 5 minutes, today. for printing and reference to the proper Ms. KAPTUR, for 5 minutes, today. f calendar, as follows: Mr. GUTIERREZ, for 5 minutes, today. ADJOURNMENT Mr. LINDER: Committee on Rules. House Ms. DELAURO, for 5 minutes, today. Resolution 108. Resolution providing for con- Mr. FILNER, for 5 minutes, today. Mr. FIELDS of Louisiana. Mr. Speak- sideration of the bill (H.R. 956) to establish Mr. GENE GREEN of Texas, for 5 min- er, I move that the House do now ad- legal standards and procedures for product utes, today. journ. liability litigation, and for other purposes Mr. BECERRA, for 5 minutes, today. The motion was agreed to; accord- (Rept. 104–69). Referred to the House Cal- endar. Mr. BROWN of Ohio, for 5 minutes, ingly (at 11 o’clock and 13 minutes today. p.m.) the House adjourned until f Mr. FOGLIETTA, for 5 minutes, today. Wednesday, March 8, 1995, at 11 a.m. Mrs. MINK of Hawaii, for 5 minutes, f PUBLIC BILLS AND RESOLUTIONS today. EXECUTIVE COMMUNICATIONS, Under clause 5 of rule X and clause 4 Ms. ESHOO, for 5 minutes, today. ETC. of rule XXII, public bills and resolu- (The following Members (at the re- tions were introduced and severally re- quest of Mr. SMITH of Michigan) to re- Under clause 2 of rule XXIV, execu- ferred as follows: tive communications were taken from vise and extend their remarks and in- By Mr. ENGLISH of Pennsylvania: clude extraneous material:) the Speaker’s table and referred as fol- H.R. 1142. A bill to amend the Internal Rev- Mr. SAXTON, for 5 minutes, today. lows: enue Code of 1986 to repeal the alternative Mr. RAMSTAD, for 5 minutes, today. 484. A letter from the Under Secretary of minimum tax; to the Committee on Ways Defense, transmitting a report of five related and Means. Mr. WELDON of Florida, for 5 minutes, violations of the Anti-Deficiency Act, pursu- By Mr. FOX: today and March 8, 9, and 10. ant to 31 U.S.C. 1517(b); to the Committee on H.R. 1143. A bill to amend title 18, United Ms. ROS-LEHTINEN, for 5 minutes, Appropriations. States Code, with respect to witness retalia- today. 485. A letter from the Under Secretary of tion; to the Committee on the Judiciary. Mr. DIAZ-BALART, for 5 minutes, Defense, transmitting a report of a violation H.R. 1144. A bill to amend title 18, United today. of the Anti-Deficiency Act which occurred in States Code, with respect to witness tamper- Mr. TIAHRT, for 5 minutes, today. the Department of the Air Force, pursuant ing; to the Committee on the Judiciary. Mr. KINGSTON, for 5 minutes, today. to 31 U.S.C. 1517(b); to the Committee on Ap- By Mr. FOX (for himself, Mr. HYDE, Mr. propriations. CONYERS, Mr. MCCOLLUM, and Mr. Mr. DUNCAN, for 5 minutes, today. 486. A letter from the Secretary of Defense, SCHUMER): (The following Member (at his own transmitting the Department’s annual re- H.R. 1145. A bill to amend title 18, United request) to revise and extend his re- port to the President and the Congress, Feb- States Code, with respect to jury tampering; marks and include extraneous mate- ruary 1995, pursuant to 10 U.S.C. 113(c) and to the Committee on the Judiciary. rial:) (e); to the Committee on National Security. By Mr. HASTINGS of Washington (for Mr. CUNNINGHAM, for 5 minutes, 487. A communication from the President himself, Mr. FOX, Mr. SHADEGG, Mrs. today. of the United States, transmitting the bi- CHENOWETH, Mr. DOOLITTE, Mr. INGLIS (The following Member (at her own monthly report on progress toward a nego- of South Carolina, Mr. METCALF, Mr. tiated solution of the Cyprus problem, in- SCARBOROUGH, and Mr. NEUMANN): request) to revise and extend her re- cluding any relevant reports from the Sec- H.R. 1146. A bill to reduce the Federal wel- marks and include extraneous mate- retary General of the United Nations, pursu- fare bureaucracy and empower States to de- rial:) ant to 22 U.S.C. 2373(c); to the Committee on sign and implement efficient welfare pro- Mrs. MORELLA, for 5 minutes, today. International Relations. grams that promote personal responsibility, March 7, 1995 CONGRESSIONAL RECORD — HOUSE H 2811 work, and stable families by replacing cer- PRIVATE BILLS AND H.J. Res. 70: Mr. FILNER, Ms. ROYBAL-AL- tain Federal welfare programs with a pro- RESOLUTIONS LARD, Mr. MARTINEZ, Mr. EVANS, Mr. WYNN, gram of annual block grants to States, and Mr. JEFFERSON, Mr. WARD, Mr. FRANK of for other purposes; to the Committee on Under clause 1 of rule XXII, private Massachusetts, and Mr. UNDERWOOD. Ways and Means, and in addition to the Com- bills and resolutions were introduced H. Res. 95: Mr. POSHARD. mittees on Commerce, Agriculture, Re- and severally referred as follows: f sources, Economic and Educational Opportu- By Mr. SHAW: nities, Banking and Financial Services, the H.R. 1155. A bill to authorize the Secretary DELETIONS OF SPONSORS FROM Judiciary, and Transportation and Infra- of Transportation to issue a certificate of PUBLIC BILLS AND RESOLUTIONS structure, for a period to be subsequently de- documentation with appropriate endorse- Under clause 4 of rule XXII, sponsors termined by the Speaker, in each case for ment for employment in the coastwise trade consideration of such provisions as fall with- of the vessel Fifty One; to the Committee on were deleted from public bills and reso- in the jurisdiction of the committee con- Transportation and Infrastructure. lutions as follows: cerned. H.R. 1156. A bill to authorize the Secretary H.R. 481: Mr. CALLAHAN. of Transportation to issue a certificate of By Mr. LANTOS (for himself, Ms. f PELOSI, Mr. SMITH of New Jersey, and documentation with appropriate endorse- ment for employment in the coastwise trade Mr. SOLOMON): AMENDMENTS for the vessel Big Dad; to the Committee on H.R. 1147. A bill to encourage liberalization Under clause 6 of rule XXIII, pro- inside the People’s Republic of China and Transportation and Infrastructure. Tibet; to the Committee on International f posed amendments were submitted as Relations. follows: By Mr. LAZIO of New York (for him- ADDITIONAL SPONSORS H.R. 1058 self, Ms. MOLINARI, Mr. FORBES, Mr. Under clause 4 of rule XXII, sponsors OFFERED BY: MR. MEEHAN TRAFICANT, Mr. KING, Mr. FOX, Mr. were added to public bills and resolu- AMENDMENT NO. 14: Page 21, beginning on PACKARD, Mr. SAXTON, Mr. ACKER- tions as follows: line 13 strike paragraph (4) through page 22, MAN, Mrs. MALONEY, Mr. WATT of H.R. 65: Mr. MCCOLLUM. line 23 and insert the following: North Carolina, Ms. LOFGREN, Mr. LI- H.R. 70: Mr. LARGENT. ‘‘(4) REASONABLE EXPECTATION OF INTEGRITY PINSKI, Mr. HILLIARD, Mr. SERRANO, H.R. 103: Mr. BORSKI, Mr. GORDON, Mr. OF MARKET PRICE.—A plaintiff who buys or Mr. MCCRERY, and Mr. ENGLISH of GOSS, Mr. WELDON of Florida, and Mr. FIELDS sells a security for which it is unreasonable Pennsylvania): of Texas. to rely on market price to reflect all current H.R. 1148. A bill to amend the Internal Rev- H.R. 109: Mr. FILNER, Mr. PARKER, and Mr. information may not establish reliance pur- enue Code of 1986 to permit penalty-free WOLF. suant to paragraph (2). The Commission withdrawals by unemployed individuals from H.R. 303: Mr. MCCOLLUM. shall, by rule, define for purposes of this certain retirement plans; to the Committee H.R. 328: Mr. WELDON of Pennsylvania. paragraph markets or types of securities on Ways and Means. H.R. 357: Ms. LOWEY, Mr. SMITH of New Jer- that are not sufficiently active and liquid to By Mr. LAZIO of New York (for him- sey, Mr. KLINK, Mrs. MALONEY, Mr. RANGEL, justify such reliance. The Commission shall self, Ms. MOLINARI, Mr. FORBES, Mr. Ms. RIVERS, Mr. STARK, Mr. FALEOMAVAEGA, consider the following factors in determining TRAFICANT, Mr. KING, Mr. FOX, Mr. Mr. ROEMER, Mr. HINCHEY, and Mr. REED. whether it was reasonable for a party to ex- PACKARD, Mr. SAXTON, Mr. ACKER- H.R. 359: Mr. LAZIO of New York, Mr. ABER- pect the market price of the security to re- MAN, Mrs. MALONEY, Ms. LOFGREN, CROMBIE, Mr. MCDADE, and Mr. SPENCE. flect substantially all publicly available in- Mr. LIPINSKI, Mr. SERRANO, Mr. ENG- H.R. 467: Mr. METCALF, Mr. MCNULTY, Mr. formation regarding the issuer of the secu- LISH of Pennsylvania, and Mr. MONTGOMERY, Mr. FROST, and Mr. KING. rity— MCCRERY): H.R. 468: Mr. PETRI. ‘‘(A) whether the issuer and its securities H.R. 1149. A bill to amend the Internal Rev- H.R. 482: Mr. ZIMMER. are regularly reviewed by two or more ana- enue Code of 1986 to provide for the non- H.R. 499: Mr. SCARBOROUGH, Mr. STUPAK, lysts; recognition of gain on the sale of a principal Mr. ROYCE, and Mr. MARTINEZ. ‘‘(B) the weekly trading volume of any residence if the taxpayer is unemployed; to H.R. 500: Mr. CHRYSLER, Mrs. CUBIN, and class of securities of the issuer of the secu- the Committee on Ways and Means. Mr. TAUZIN. rity; By Mr. TRAFICANT: H.R. 593: Mr. GUTKNECHT. ‘‘(C) the existence of public reports by se- H.R. 1150. A bill to require professional H.R. 605: Mr. PARKER. curities analysts concerning any class of se- boxers to wear headgear during all profes- H.R. 609: Ms. LOFGREN, Ms. PELOSI, and Mr. curities of the issuer of the security; sional fights in the United States; to the TORKILDSEN. ‘‘(D) the eligibility of the issuer of the se- curity, under the rules and regulations of the Committee on Economic and Educational H.R. 612: Mr. GEJDENSON. Commission, to incorporate by reference its Opportunities. H.R. 682: Mr. LIGHTFOOT. reports made pursuant to section 13 of this H.R. 1151. A bill to authorize appropria- H.R. 747: Mrs. JOHNSON of Connecticut and title in a registration statement filed under tions for fiscal years 1996 and 1997 for the Mrs. KENNELLY. the Securities Act of 1933 in connection with Coast Guard, and for other purposes; to the H.R. 789: Mr. UPTON, Mr. LAHOOD, and Mr. the sale of equity securities; and Committee on Transportation and Infra- EMERSON. H.R. 832: Mr. PACKARD, Mr. WOLF, Mr. ‘‘(E) a history of immediate movement of structure. the price of any class of securities of the is- By Mr. VISCLOSKY: BAKER of Louisiana, Mr. ARMEY, Mr. KNOLLENBERG, Mr. KINGSTON, Mr. CHRYSLER, suer of the security caused by the public dis- H.R. 1152. A bill to amend the Federal semination of information regarding unex- Water Pollution Control Act to establish a Mr. GUTKNECHT, and Mr. CANADY. H.R. 863: Mr. JACOBS. pected corporate events or financial releases. national clean water trust fund and to au- H.R. 866: Mr. MORAN, Mr. LIPINSKI, Mr. H.J. RES. 2, thorize the Administrator of the Environ- CLYBURN, and Mr. BRYANT of Texas. mental Protection Agency to use amounts in OFFERED BY: MR. CRANE H.R. 888: Mr. FILNER, Mr. OWENS, Mr. MI- that fund to carry out projects to restore and AMENDMENT NO. 2: Strike all after the re- NETA, Ms. KAPTUR, Mr. BROWN of California, recover waters of the United States from solving clause and insert the following: and Mrs. MINK of Hawaii. damages resulting from violations of that Resolved by the Senate and House of Rep- H.R. 896: Mr. DEUTSCH, Mr. BARRETT of act, and for other purposes; to the Commit- resentatives of the United States of America in Wisconsin, Mr. HINCHEY, and Mr. ROMERO- tee on Transportation and Infrastructure. Congress assembled (two-thirds of each House BARCELO. concurring therein), That the following article By Mr. WELDON of Pennsylvania (for H.R. 949: Mr. HUTCHINSON and Mr. STEARNS. is proposed as an amendment to the Con- himself, Mr. MCHUGH, Mr. ZIMMER, H.R. 983: Ms. VELAZQUEZ, Mr. JACOBS, Mr. stitution of the United States, which shall be Mr. WOLF, and Mr. BEILENSON): KLECZKA, Mr. FRANK of Massachusetts, Ms. valid to all intents and purposes as part of H.R. 1153. A bill to improve the collection, LOFGREN, Mr. TORRICELLI, and Mr. MARKEY. the Constitution when ratified by the legis- analysis, and dissemination of information H.R. 991: Mr. JOHNSTON of Florida, Mr. latures of three-fourths of the several States that will promote the recycling of municipal PALLONE, Ms. VELAZQUEZ, and Mr. CONYERS. within seven years after the date of its sub- solid waste; to the Committee on Commerce. H.R. 1066: Mr. WOLF, Mr. HASTERT, Mr. mission for ratification: By Mr. WELDON of Pennsylvania (for KING, and Mr. WICKER. himself, Mr. PALLONE, Mr. MANTON, H.R. 1076: Mr. MCHUGH, Mr. FORBES, Mr. ‘‘ARTICLE— Mr. STUDDS, Mr. UNDERWOOD, Mr. LIPINSKI, Mr. CREMEANS, Mr. SAXTON, Mr. ‘‘SECTION 1. No person may be elected to BEILENSON, and Mr. FIELDS of Texas): PARKER, and Mr. GUNDERSON. the House of Representatives more than H.R. 1154. A bill entitled the ‘‘Ocean Radio- H.R. 1077: Mr. ALLARD, Mr. RADANOVICH, three times, and no person who has been a active Dumping Ban Act of 1994’’; to the Mr. WATTS of Oklahoma, Mr. HERGER, Mr. Member of the House of Representatives for Committee on Transportation and Infra- STUMP, and Mr. EMERSON. one year of a term to which some other per- structure. H.R. 1115: Ms. RIVERS and Mr. HOYER. son was elected may be elected to the House H 2812 CONGRESSIONAL RECORD — HOUSE March 7, 1995

of Representatives more than two additional ing eligibility for election under this arti- ‘‘SECTION 6. This article shall apply with times. cle.’’. respect to terms of office of Representatives ‘‘SECTION 2. No person may be elected or H.J. RES. 2 and Senators beginning after the first day of appointed to the Senate of the United States the year immediately following the first OFFERED BY: MR. MCCOLLUM more than one time, and no person who has presidential election after ratification of been a Senator for three years of a term to AMENDMENT NO. 6: Strike all after the re- this article.’’. solving clause and insert the following: which some other person was elected or ap- H.J. RES. 2 pointed may be elected to the Senate of the That the following article is proposed as an OFFERED BY: MR. PETERSON OF FLORIDA United States. amendment to the Constitution of the Unit- ‘‘SECTION 3. Only elections occurring after ed States, which shall be valid to all intents AMENDMENT NO. 8: Strike all after the re- ratification of this article shall be consid- and purposes as part of the Constitution solving clause and insert the following: ered for purposes of sections 1 and 2.’’. when ratified by the legislatures of three- That the following article is proposed as an H.J. RES 2 fourths of the several States within seven amendment to the Constitution of the Unit- OFFERED BY: MR. FRANK OF MASSACHUSETTS years from the date of its submission to the ed States, which shall be valid to all intents States by the Congress: and purposes as part of the Constitution AMENDMENT NO. 3: Section 4., strike ‘‘No when ratified by the legislatures of three election’’ and insert ‘‘Election’’. ‘‘ARTICLE — fourths of the several States within 7 years ‘‘SECTION 1. No person who has been elected H.J. RES 2 from the date of its submission by the Con- for a full term to the Senate two times shall OFFERED BY: MR. INGLIS OF SOUTH CAROLINA gress: be eligible for election or appointment to the AMENDMENT NO. 4: Strike all after the re- Senate. No person who has been elected for a ‘‘ARTICLE — solving clause and insert the following: full term to the House of Representatives six ‘‘SECTION 1. The House of Representatives That the following article is proposed as an times shall be eligible for election to the shall be composed of Members chosen every amendment to the Constitution of the Unit- House of Representatives. 4th year by the people of the several States. ed States, which shall be valid to all intents ‘‘SECTION 2. No person who has served as a The terms of Representatives shall begin at and purposes as a part of the Constitution Senator for more than three years shall sub- noon on the 3rd day of January of the years when ratified by the legislatures of three- sequently be eligible for election to the Sen- that occur 2 years after the years in which fourths of the several States within seven ate more than once. No person who has the term of the President begins. years from the date of its submission to the served as a Representative for more than one ‘‘SECTION 2. A person may not be a Senator States by the Congress: year shall subsequently be eligible for elec- if the person has been a Senator for more ‘‘ARTICLE — tion to the House of Representatives more than 12 years during the lifetime of the per- ‘‘SECTION 1. No person who has been elected than five times. son. A person may not be a Representative if for a full term to the Senate two times shall ‘‘SECTION 3. No election or service occur- the person has been a Representative for be eligible for election or appointment to the ring before this article becomes operative more than 12 years during the lifetime of the Senate. No person who has been elected for a shall be taken into account when determin- person. Any term as a Senator or Represent- full term to the House of Representatives ing eligibility for election under this article. ative for which a person is elected or ap- three times shall be eligible for election to ‘‘SECTION 4. Nothing in the Constitution or pointed to fill a vacancy in the representa- the House of Representatives. law of any State shall diminish or enhance, tion of any State in the Congress may not be ‘‘SECTION 2. No person who has served as a directly or indirectly, the limits set by this counted for purposes of computing the 12- Senator for more than three years of a term article.’’. year limits in this section. to which some other person was elected shall H.J. RES. 2 ‘‘SECTION 3. Sections 1 and 2 shall apply only to Representatives who are elected on subsequently be eligible for election to the OFFERED BY: MR. MCCOLLUM Senate more than once. No person who has or after the date occurring 1 year after the AMENDMENT NO. 7: Strike all after the re- served as a Representative for more than one 1st day that this article is valid as part of solving clause and insert the following: year shall subsequently be eligible for elec- the Constitution and on which the electors tion to the House of Representatives more That the following article is proposed as an of the President and the Vice President are than two times. amendment to the Constitution of the Unit- chosen. ‘‘SECTION 3. No election or service occur- ed States, which shall be valid to all intents ‘‘SECTION 4. Section 2 shall apply only to ring before this article becomes operative and purposes as part of the Constitution Senators who are elected or appointed on or shall be taken into account when determin- when ratified by the legislatures of three- after the date occurring 1 year after the 1st ing eligibility for election under this arti- fourths of the several States within seven day that this article is valid as part of the cle.’’. years from the date of its submission by the Constitution and on which the electors of Congress: the President and the Vice President are H.J. RES. 2 chosen.’’. OFFERED BY: MR. MCCOLLUM ‘‘ARTICLE — H.J. RES. 2 AMENDMENT NO. 5: Strike all after the re- ‘‘SECTION 1. The term of office of a Rep- solving clause and insert the following: resentative in Congress shall be four years OFFERED BY: MR. PETERSON OF FLORIDA and shall coincide with the term of the That the following article is proposed as an AMENDMENT NO. 9: Strike all after the re- President of the United States. amendment to the Constitution of the Unit- solving clause and insert the following: ‘‘SECTION 2. No person who has been elected That the following article is proposed as an ed States, which shall be valid to all intents for a full term to the Senate two times shall amendment to the Constitution of the Unit- and purposes as part of the Constitution be eligible for election or appointment to the ed States, which shall be valid to all intents when ratified by the legislatures of three- Senate. No person who has been elected for a and purposes as part of the Constitution fourths of the several States within seven full term to the House of Representatives when ratified by the legislatures of three years from the date of its submission to the three times shall be eligible for election to fourths of the several States within 7 years States by the Congress: the House of Representatives. from the date of its submission by the Con- ‘‘ARTICLE — ‘‘SECTION 3. No person who has served as a gress: ‘‘SECTION 1. No person who has been elected Senator for more than three years shall sub- for a full term to the Senate two times shall sequently be eligible for election to the Sen- ‘‘ARTICLE — be eligible for election or appointment to the ate more than once. No person who has ‘‘SECTION 1. A person may not be a Senator Senate. No person who has been elected for a served as a Representative for more than two if the person has been a Senator for more full term to the House of Representatives six years shall subsequently be eligible for elec- than 12 years during the lifetime of the per- times shall be eligible for election to the tion to the House of Representatives more son. A person may not be a Representative if House of Representatives. than two times. the person has been a Representative for ‘‘SECTION 2. No person who has served as a ‘‘SECTION 4. No election or service occur- more than 12 years during the lifetime of the Senator for more than three years shall sub- ring before this article becomes operative person. Any term as a Senator or Represent- sequently be eligible for election to the Sen- shall be taken into account when determin- ative for which a person is elected or ap- ate more than once. No person who has ing eligibility for election under this article. pointed to fill a vacancy in the representa- served as a Representative for more than one ‘‘SECTION 5. No Member of one House of tion of any State in the Congress may not be year shall subsequently be eligible for elec- Congress may, except in the final year of counted for purposes of computing the 12- tion to the House of Representatives more that Member’s current term, qualify under year limits in this section. than five times. applicable State law as a candidate for the ‘‘SECTION 2. This article shall apply with ‘‘SECTION 3. No election or service occur- other House of Congress, unless that Member respect to terms of Senator and Representa- ring before this article becomes operative has resigned from the House in which that tive beginning more than one year after the shall be taken into account when determin- Member currently serves. date of the ratification of this article.’’. 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, TUESDAY, MARCH 7, 1995 No. 42 Senate (Legislative day of Monday, March 6, 1995)

The Senate met at 10:30 a.m., on the After disposition of the Paperwork The PRESIDING OFFICER. The expiration of the recess, and was called Reduction Act, we will begin consider- clerk will report. to order by the President pro tempore ation of H.R. 889, the supplemental ap- The legislative clerk read as follows: [Mr. THURMOND]. propriations bill. The Senator from Michigan [Mr. LEVIN], So I advise my colleagues there could for himself and Mr. COHEN, proposes an PRAYER be votes throughout the afternoon and amendment numbered 319. The guest Chaplain, the Reverend Dr. into the evening. Mr. LEVIN. Mr. President, I ask Neal T. Jones, Columbia Baptist Mr. President, I suggest the absence unanimous consent that reading of the Church, Falls Church, VA, offered the of a quorum. amendment be dispensed with. following prayer: The PRESIDENT pro tempore. The The PRESIDING OFFICER. Without Let us pray: clerk will call the roll. objection, it is so ordered. Heavenly Father, help us to discover The legislative clerk proceeded to (The text of the amendment appears an everlasting joy to replace our peren- call the roll. in today’s RECORD under ‘‘Amendments nial search for happiness. We are weary Mr. LEVIN. Mr. President, I ask Submitted.’’) of hunting for momentary happiness. unanimous consent that the order for Mr. LEVIN. Mr. President, I am We are tired of recreation that does not the quorum call be rescinded. pleased to offer today in behalf of Sen- recreate. We are tired of smiling with a The PRESIDING OFFICER (Mr. ator COHEN and myself the Federal Re- lump in our throat. We are exhausted DEWINE). Without objection, it is so or- ports Elimination and Modification by moments of leisure when we cannot dered. Act of 1995 as an amendment to the shed our pain. f pending bill. We praise You that we have located Our amendment will eliminate over the Master, our joyful Person. For the PAPERWORK REDUCTION ACT OF 200 outdated and unnecessary reporting joy that was set before Him, He en- 1995 requirements. These are reporting re- dured the cross. We ask for the power The PRESIDING OFFICER. Under quirements which have been placed to pursue the joy of purpose. Thank the previous order, the Senate will now into the law over many, many years You that joy can come in our pain be- resume consideration of S. 244, which that are now useless. These are over 200 cause our purpose is great. Restore the clerk will report. reports that are not needed or used by unto us the joy of living with Your The legislative clerk read as follows: congressional committees. They re- help. A bill (S. 244) to further the goals of the quire up to $10 million of cost in their In Jesus’ name. Amen. Paperwork Reduction Act to have Federal preparation. We have gone through agencies become more responsible and pub- each of the reports mandated by law. f licly accountable for reducing the burden of We have talked to each of the agencies. Federal paperwork on the public, and for We have consulted with each of the RECOGNITION OF THE MAJORITY other purposes. LEADER congressional committees. This is the The Senate resumed consideration of list of those reports which are totally The PRESIDENT pro tempore. The the bill. dispensable which for the most part no majority leader is recognized. The PRESIDING OFFICER. Under one even uses anymore. But they just SCHEDULE the previous order, the Senator from stay in the law, filed every year or Mr. DOLE. Mr. President, the Senate Michigan will offer an amendment on every 6 months by agencies at great will resume consideration of S. 244, the which there will be 10 minutes equally cost. Paperwork Reduction Act. Under the divided. My subcommittee, the oversight sub- agreement four amendments remain in Mr. LEVIN. I thank the Chair. committee of governmental affairs, order to the bill. AMENDMENT NO. 319 which Senator COHEN now chairs and We hope to finish the bill and handle (Purpose: To provide for the elimination and which I am now the ranking member all amendments prior to the policy modification of reports by Federal depart- of, has gone through all of the report- luncheon. Any votes will be stacked to ments and agencies to the Congress, and ing requirements. We have again made begin at 2:15 or later, depending on how for other purposes) this assessment as to those reports. much debate time remains. For the Mr. LEVIN. Mr. President, I send an Each committee having proposed what luncheons we will be in recess from amendment to the desk and ask for its their needs are, these reports are the 12:30 until 2:15. immediate consideration. ones that are no longer needed.

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

S 3547 S 3548 CONGRESSIONAL RECORD — SENATE March 7, 1995 This legislation is designed to im- clear and substantiated justification While most of the recommendations prove the efficiency of agency oper- for each recommendation made. we received from the agencies and in- ations by eliminating unnecessary pa- We received responses from about 80 cluded in the bill concern targeted, perwork and staff time by consolidat- percent of the agencies. For the most agency-specific reporting require- ing the amount of information that part, the agencies made a serious effort ments, we did receive several rec- flows from the agencies to Congress. to review and recommend a respectable ommendations regarding government- So this amendment is the product of number of reporting requirements for wide reporting requirements. Again, we a coordinated and a thorough and ag- elimination, but given the opportunity turned to the committees of jurisdic- gressive effort to identify the congres- our effort presented, some were sur- tion for guidance on how or whether to sionally mandated agency reporting re- prisingly less aggressive. Certain agen- enact these governmentwide agency quirements that have outlived their cies already had report elimination recommendations. A number of these usefulness and now serve only as an un- projects underway. For example, the recommendations concerned reporting necessary drain on agency resources, Department of Defense, at the request requirements that fall under various fi- resources that could be devoted to of Senator MCCAIN, conducted an inter- nancial management statutes such as more important program use. In fact, nal review of the congressionally man- the Chief Financial Officers Act. Our the Congressional Budget Office esti- dated reporting requirements for all of bill does not address these particular mates that enactment of this legisla- its services. Numerous reporting re- recommendations due to the proposal tion could result in savings of up to $5 quirements were then eliminated and contained in H.R. 3400 and other legis- to $10 million. modified in the fiscal year 1995 defense lation to allow the administration to This is the second wave of reports authorization bill and were not in- set up a pilot program aimed at elimination from the Subcommittee on cluded, therefore, in this legislation. streamlining the reporting and other Oversight of Government Management After receiving the agency responses, requirements contained in these laws. We are in the process of reviewing which Senator COHEN chairs and on a member of the subcommittee staff which I now serve as the ranking Dem- generated a master list of all the agen- other governmentwide reporting re- ocrat. We passed a similar bill that cy recommendations. At the same time quirements to see if some changes can eliminated or modified other reporting we sent to the chairman and ranking be made. For instance, there were sev- requirements in 1985. member of each of the relevant Senate eral recommendations to change in- spector general [IG] reports from semi- Since it had been over 8 years since committees, for their review and com- annual to annual. From our initial dis- that effort, I decided it was time once ment, the recommendations made by cussions with the IG community and again to take a look at agency report- the agencies under their respective ju- the relevant committee staff it seems ing requirements that we, in Congress, risdictions. Feedback from the com- that it might be possible to make this have enacted and take those reports mittees of jurisdiction is necessary to shift without jeopardizing the over- that have outlived their usefulness off ensure that this effort eliminates as sight responsibilities of the IG’s. We our books. That is much easier said many reporting requirements as pos- will continue to discuss this rec- than done. There are literally thou- sible without losing needed informa- ommendation to see if we can’t achieve sands of different congressionally man- tion. We also asked that the commit- some change. Another issue that we dated reporting requirements. Each of tees provide us with any additional rec- will be looking at is creating thresh- those reporting requirements was en- ommendations for eliminations or olds for governmentwide reporting re- acted for a reason. To make a respon- modifications they might have. quirements. We received several rec- sible choice about whether or not a Many of the committees responded to ommendations from smaller agencies particular reporting requirement the request for comments. Those re- that talked of the burden of complying should be eliminated, that reason must sponses were generally supportive of with certain governmentwide reporting be identified and evaluated as to the subcommittee’s efforts and most requirements that have no relevance to whether it remains valid. That is time- contained only a few changes to the their small agency. consuming, painstaking work; how- agency recommendations. Those Every reporting requirement takes ever, it is necessary work. changes were primarily requests by away resources that could be used else- For example, by the time the 1985 committees to retain reports under where in the agency. Sometimes the legislation was enacted into law, the their jurisdiction because the informa- burden is slight—as low as a few hun- number of report eliminations con- tion contained in the report is of use to dred dollars. Sometimes the burden is tained in the bill had dropped from the committee or, in some cases, of use great—as high as a few million dollars. over 100 on introduction to just 23. The to outside organizations. We adjusted Enactment of this legislation will save General Accounting Office [GAO] did a the master list of eliminations and time and money. review of the 1985 reports elimination modifications based on those commit- This legislation gets at those reports effort to see why the number of reports tee comments. Subcommittee staff that no one uses. These are the reports in the bill dropped so drastically. GAO then worked with the Senate legisla- that come into our offices and sit in uncovered certain weaknesses in that tive counsel’s office to check statutory staff in-boxes for weeks, maybe effort; primarily that the agencies did references to make sure we are address- months, until they are either rerouted not consult with Congress when mak- ing the correct provisions in law. to someone else or filed in that popular ing their recommendations for elimi- Senator COHEN and I introduced circular file drawer. On several occa- nations or modifications and that the S. 2156 on May 25, 1994. As introduced, sions in the process of drafting this leg- agency recommendations were not ac- the bill contained nearly 300 rec- islation, agencies told us that, for companied by adequate justifications. ommendations for eliminations or whatever reason, they hadn’t been We took heed of GAO’s findings in de- modifications. Senators GLENN, ROTH, doing or had never done the reporting veloping this legislation. The 1985 leg- STEVENS, and MCCAIN cosponsored that requirement they were now seeking to islation was based on a list of agency bill. eliminate. Apparently no one had no- recommendations generated by the Of- Shortly after the introduction of S. ticed the agency’s failure to report or, fice of Management and Budget. This 2156, Senator COHEN and I again wrote if they did, no one complained. We have time around, there was no such list to all the committees and asked for taken care to be aggressive in identify- available, so we had to generate our comments on the bill as introduced. ing reports, but deferential to the com- own. In 1993, Senator COHEN and I This was a continuation of our effort to mittees with substantive responsibility wrote to all 89 executive and independ- avoid the problems of the 1985 effort by that may use these reports. ent agencies and asked that they iden- including the committees of jurisdic- This amendment, which is the same tify reports required by law that they tion in each step of the development of as S. 2156 with a few changes, is a bi- believe are no longer necessary or use- S. 2156. Certain committees have re- partisan effort. It was unanimously re- ful and, therefore, that could be elimi- sponded to that second request and ported out of the Governmental Affairs nated or modified. In our request let- generally they have asked for few Committee by voice vote on August 2, ter, we stressed the importance of a changes to the bill. 1994. We tried to get it to the floor last March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3549 year, but were unable to do so. I am The PRESIDING OFFICER. The mated that there were 100,000 children pleased that the Senate will act on this clerk will report. who are homeless each day—100,000 legislation today to move the Federal The legislative clerk read as follows: children, Mr. President, homeless in Report Elminiation and Modification The Senator from Minnesota [Mr. the United States of America. Act of 1995 one step closer to becoming WELLSTONE] proposes an amendment num- Mr. President, on the very first day law. In today’s day and age, we need all bered 320. or the second day of this session, going the resources we can get. The longer The amendment is as follows: back to the Congressional Accountabil- the reporting requirements contained At the appropriate place, add the following ity Act, I brought this amendment to in this bill stay on the books, the more new section: the floor. I said that I feared that what resources are unnecessarily spent to SEC. . SENSE OF CONGRESS. was going to happen in the 104th Con- comply. I thank Senator COHEN and his It is the sense of Congress that Congress gress would go way beyond the good- staff for their assistance in developing should not enact or adopt any legislation ness of people and that part of the safe- and moving this bill through the legis- that will increase the number of children ty net would be eviscerated, in particu- lative process. I also want to take this who are hungry or homeless. lar, support for children in America. opportunity to thank Tony Coe of the Mr. WELLSTONE. Mr. President, let That was voted down. I could not get Senate legislative counsel’s office for me start out with a definition for my the Senate to go on record. his fine work in drafting this legisla- colleagues. The definition of hunger. Then, Mr. President, with the un- tion. I also want to thank Kay This amendment talks about hunger funded mandates bill, I came out and Dekuiper who was a member of the among children. said, ‘‘Why don’t we at least do a child Oversight Subcommittee staff when The mental and physical condition that impact statement so we know what we this legislation was being developed comes from not eating enough food due to in- are doing with these cuts, be they re- and who did the bulk of the hard, tedi- sufficient economic, family or community scissions or proposed cuts in the budget ous work putting this legislation to- resources. and reconciliation bill?’’ That was gether. She has since left the Senate to Mr. President, the way in which this voted down. pursue her career elsewhere, but our is measured would be if there was a Then I brought a motion to refer appreciation for her efforts while she ‘‘yes’’ on at least five of the following which was a direction back to the was here remain undiminished. eight questions. Budget Committee as a part of the bal- Mr. President, I believe this amend- Does your household ever run out of money ment has been cleared on the other anced budget amendment. At that to buy food to make a meal? time, I held up some headlines, and I side. I spoke to Senator ROTH about Do you or other adult members of your said, ‘‘I have been told by colleagues, this last night. He, again, was a sup- household ever eat less than you feel you ‘Senator WELLSTONE, there is no reason porter of this in the last Congress. should because there is not enough money to This matter came up quite quickly buy food? for you to come out here with scare last night, so we did not even have an Do you or other adult members of your tactics because we are not going to cut opportunity to list him as a cosponsor. household ever cut the size of meals or skip nutrition programs for children. We are I am quite confident, however, from his meals because there is not enough money for not going to do anything that could quick comments to me last night on food? lead to more hunger or homelessness Do your children ever eat less than you among children.’ ’’ the floor, that he does support this feel they should because there is not enough amendment. I came out here just last week with money for food? several headlines, one from February Mr. LOTT addressed the Chair. Do you ever cut the size of your children’s The PRESIDING OFFICER. The Sen- meals or do they ever skip meals because 23, ‘‘House Panel Votes Social Funding ator from Mississippi. there is not enough money for food? Cuts, Republicans Trim Nutrition and Mr. LOTT. Mr. President, on behalf Do your children ever say they are hungry Housing.’’ Another one, ‘‘House Panel of the manager of this legislation, my because there is not enough food in the Moves to Cut Federal Child Care, understanding is that this is not a con- house? School Lunch Fund.’’ Do you ever rely on a limited number of Mr. President, today, just by way of troversial amendment. I am basing foods to feed your children because you are that, at least partially, on the assur- background, what is the headline in running out of money to buy food for a meal? the Washington Post, Tuesday, March ances of the distinguished Senator Do any of your children ever go to bed hun- from Michigan. I also understand from gry because there is not enough money to 7? It is a front-page story about a the staff that this amendment is ac- buy food? school in Fayette, MS. The headline is ceptable. Mr. President, the Food Research Ac- ‘‘School Fearful That Johnny Can’t So, at this juncture, there will be no tion Council Community Childhood Eat’’—not ‘‘School Fearful That ‘John- objection to this amendment. Hunger Identification Project, esti- ny Can’t Read’ ’’—‘‘School Fearful Mr. LEVIN. Again I thank the man- mated in 1991 that there are 5.5 million That ‘Johnny Can’t Eat.’ ’’ ager of the bill for his support. children under 12 years of age who are The Congress’ school lunch debate Mr. NUNN. Mr. President, I urge hungry in the United States. Let me worries some in rural Mississippi. adoption of the amendment. repeat that. There are 5.5 million chil- I got a little boy come in here every morn- The PRESIDING OFFICER. The dren today, with existing programs of ing and eats everybody’s food. Just licks the question is on agreeing to the amend- plate. And you know he’s not the only one,’’ support, who are hungry in the United said Jeanette Reeves, eagle-eyed and dressed ment. States of America. in starched white, a cafeteria manager who The amendment (No. 319) was agreed Mr. President, the U.S. Council of doesn’t have to tell the children twice to eat to. Mayors Status Report on Hunger and all their lima beans. ‘‘Many of these children Mr. LEVIN. Mr. President, I move to Homelessness in American Cities in get their only meals right here at school. reconsider the vote by which the 1994 found that 64 percent of the per- Lord, it’ll be cruel to change that. amendment was agreed to. sons receiving food assistance were That, Mr. President, is a front-page Mr. LOTT. I move to lay that motion from families with children. story from the Washington Post. Now on the table. I could go on with other definitions we are moving to the point where we The motion to lay on the table was and would be pleased to do so as we are not worried about whether ‘‘John- agreed to. move forward with this amendment. ny can’t read.’’ We are worried about Mr. WELLSTONE addressed the Homelessness. The U.S. Council of whether or not ‘‘Johnny can’t eat’’— Chair. Mayors Status Report on Hunger and cuts in School Lunch Programs and The PRESIDING OFFICER. The Sen- Homelessness in American Cities esti- School Breakfast Programs and Child ator from Minnesota. mated that 26 percent of the requests Nutrition Programs. AMENDMENT NO. 320 at the emergency shelters were for Mr. President, the same Washington Mr. WELLSTONE. Mr. President, I children, homeless children. Post piece, page A–4, headline: ‘‘House send an amendment to the desk and In 1988, the National Academy of Panel Votes to Curtail Program for ask for its immediate consideration. Sciences, Institute of Medicine, esti- Disabled Children.’’ S 3550 CONGRESSIONAL RECORD — SENATE March 7, 1995 Mr. President, I think we have just post-election stupor, and before the public at ican children: Three children die from plain run out of excuses here on the large becomes aware of the extremes of suf- child abuse. One day in the life of Senate side. fering and social devastation that are in the American children: 9 children are mur- Let me just give a little bit more works. ‘‘This agenda is too harsh,’’ said Senator dered; 13 children die from guns; 27 context. Last week we had charts out Paul Wellstone, a Democrat from Minnesota. children—a classroomful—die from on the importance of the debt and the ‘‘I realize that the Republicans won the elec- poverty; 63 babies die before they are 1 annual budget deficits. I have brought tion, but these measures are too extreme, month old—63 babies die before they some charts out about the importance too mean-spirited. They go beyond what the are 1 month old; and 101 babies die be- of children in America. goodness of the people in this country would fore their 1st birthday. Mr. President, I ask unanimous con- permit. Most Americans do not want to see Mr. President, it is just time for the vulnerable people hurt, especially children.’’ sent to have printed in the RECORD an U.S. Senate to go on record. Let me article by Bob Herbert, ‘‘Inflicting Mr. Wellstone has irritated some of his Re- publican colleagues by frequently offering a just make it clear again what this Pain on Children,’’ in a New York legislative amendment that says the Senate amendment does. This amendment on Times op-ed piece, Saturday, February ‘‘will not enact any legislation that will in- the paperwork reduction bill is just a 25. crease the number of children who are hun- sense-of-the-Senate amendment. We There being no objection, the article gry or homeless.’’ Each time it is offered, the are not going to do anything that cre- was ordered to be printed in the amendment is defeated. The Senate majority leader, Bob Dole, dis- ates more hunger or homelessness RECORD, as follows: among children. There is no excuse not [From the New York Times, Feb. 25, 1995] missed the Wellstone amendment as an ‘‘ex- traneous’’ measure designed solely to make to go on record. The U.S. Senate needs INFLICTING PAIN ON CHILDREN Republicans ‘‘look heartless and cold.’’ No to take this position. (By Bob Herbert) doubt. But Senator Wellstone is right on tar- Mr. President, a little bit more in THE HELPLESS ARE TAKING THE BRUNT OF THE get when he says that the Republican legis- context, I have a report: ‘‘Unshared REPUBLICANS’ ATTACK ON OUR SOCIAL SYSTEM lative strategy was carefully designed to Sacrifice; The House of Representa- hurt the people ‘‘who aren’t the big players, The Republican jihad against the poor, the tives’ Shameful Assault on America’s young and the helpless rolls on. So far no who aren’t the heavy hitters, who don’t legislative assault has been too cruel, no make big contributions, who don’t have lob- Children,’’ March 1995, the Children’s budget cut too loathsome for the party that byists, who don’t have clout.’’ Defense Fund, that I ask be printed in took control of Congress at the beginning of If anything is funny in this dismal period, the RECORD. the year and has spent all its time since then it’s that the Republicans are touchy about There being no objection, the report stomping on the last dying embers of ideal- being called heartless and cold. That’s a riot. was ordered to be printed in the Has anyone listened to Newt Gingrich late- ism and compassion in government. RECORD, as follows: This week Republicans in the House began ly? To Dick Armey? To Phil Gramm? This is approving measures that would take food off the coldest crew to come down the pike since [From the Children’s Defense Fund, March the trays of hungry school children and out the Ice Age. 1995] of the mouths of needy infants. With reck- An indication of just how cold and heart- less disregard for the human toll that is sure less the Republicans have become is the star- UNSHARED SACRIFICE—THE HOUSE OF REP- to follow, they have also aimed their newly tling fact that Mr. Dole, of all people, is RESENTATIVES’ SHAMEFUL ASSAULT ON powerful budget-reducing weapons at pro- starting to look a little warm and fuzzy. AMERICA’S CHILDREN grams that provide aid to handicapped Mr. WELLSTONE. I quote from that INTRODUCTION youngsters, that support foster care and article: adoption,that fight drug abuse in schools and In a ‘‘revolution’’ that so far has spared that provide summer jobs for needy youths. The Republican jihad against the poor, the just about everyone else, the House leader- They have also targeted programs that young and the helpless rolls on. So far no ship and key committee majorities have tar- legislative assault has been too cruel, no provide fuel oil to the poor and assistance to geted America’s children for the earliest, budget cut too loathsome for the party that homeless veterans. And they have given the broadest, and by far the deepest pain in took control of Congress at the beginning of back of their hand to President Clinton’s na- budget cuts, program restructuring, and re- the year and has spent all its time since then tional service corps. scissions. In less than two weeks key com- stomping on the last dying embers of ideal- The United States has entered a nightmare mittees and subcommittees have voted to ism and compassion in government. period in which the overwhelming might of cut $40 billion from crucial child survival This week Republicans in the House began the Federal Government is being used to de- programs, and to end the federal safety net approving measures that would take food off liberately inflict harm on the least powerful for children and their families. This is a the trays of hungry schoolchildren and out people in the nation. The attacks on children wholly unshared sacrifice: the House seems of the mouths of needy infants. With reck- to be postponing for a later day, if ever, any have been the worst. If the anti-child legisla- less disregard for the human toll that is sure contemplation of major cuts for other con- tion that is moving with such dispatch to follow, they have also aimed their newly stituencies. Savings from savage cuts in pro- through the House actually becomes law, powerful budget-reducing weapons at pro- grams for needy and helpless children would ‘‘the results will be cataclysmic,’’ according grams that provide aid to handicapped be used to fund a new and unnecessary de- to James Weill, general counsel to the Chil- youngsters, that support foster care and dren’s Defense Fund. adoption, that fight drug abuse in schools fense build-up; to pay for a capital gains tax Mr. Weill said: ‘‘The Republican leadership and that provide summer jobs for needy cut of which 71 percent goes to the richest 1 has targeted children for almost all of the youths. percent of Americans; and to reduce a tax on pain. They’ve cut, I think, $7 billion out of the richest 13 percent of the elderly by $56 the child nutrition programs, and that’s not Mr. President, 1 day in the life of billion (over 10 years) when that tax goes to even counting food stamps, which they American children: 636 babies are born pay part of Medicare’s cost. haven’t done yet. to women who had late or no prenatal While the House majority’s welfare plan ‘‘Foster care and adoption have been cut care. One day in the life of American has gotten most media attention, that plan’s by $4 billion over five years. They’ve cut Aid children: 801 babies are born at low unprecedented savaging of children is merely to Families with Dependent Children, and birthweight; by the way, to many symptomatic of a broad-gauged assault on they’re eliminating most of the entitlements women who never had any proper nu- hungry children’s nutrition programs, dis- as they go along. They’re just smashing trition, and we now have proposed cuts abled children’s disability assistance, pre- their way through all of the children’s pro- school children’s child care and child devel- grams. To me, this so-called revolution is in the Women, Infants, and Children opment centers, unemployed youths’ sum- more like a massacre of the innocents.’’ Program. One day in the life of Amer- mer jobs, sick children’s medical care, and President Clinton denounced the cuts and ican children: 1,234 children run away abused children’s foster care and hope for accused the G.O.P. majority in Congress of from their homes. One day in the life of adoptive families. Block grants, rescissions, ‘‘making war on children.’’ At a press con- American children: 2,255 teenagers drop and consolidations are being used in a multi- ference yesterday in Ottawa, Canada, Mr. out of school each school day. One day front attack on children’s services. Not even Clinton said: ‘‘What they want to do is make in the life of American children: 2,868 proven money-saving programs like Head war on the kids of this country to pay for the babies are born into poverty. One day Start have been spared. And in the midst of capital gains tax cut. That’s what’s going in the life of American children: 7,945 this series of brutal reductions, the most se- on.’’ vere have been reserved for the most vulner- There is a breathless, frenzied quality to children are reported abused or ne- able children—those who are disabled or in the Republican assault, as if the party lead- glected. One day in the life of Amer- foster care. ers recognize that they must get their work ican children: 100,000 children are Based on data from the Congressional done fast—while the Democrats are still in a homeless. One day in the life of Amer- Budget Office, the Department of Health and March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3551 Human Services and the Department of Agri- programs like AFDC and SSI, the strategy of there are no transfers from the new block culture, and analysis of congressional num- dropping children is virtually dictated by the grants to other programs (as is allowed with bers by the Children’s Defense Fund, $40 bil- proposed legislation. In others, it is possible some of the funds); assume that there are lion in core safety net program cuts were for states to spread out the cuts and reduce not larger cuts in state funds by states that adopted in the past two weeks that would benefits for more children, but completely would be freed from any matching require- force out of these programs millions of the deny benefits to fewer. In that case, many ments; and do not account for how cuts in children eligible under current rules (see more children would be hurt, but the damage one area (such as AFDC) will drive up the chart, next page). to each would be a bit less. In either in- need in other areas (such as foster care). These numbers assume that states would stance, the pain will be massive. Moreover, the AFDC losses in 2000 disguise reduce spending by the amount of federal re- The numbers in this report actually under- ductions, and do so by eliminating eligible state the real depth of the cuts, since they the full impact of the House welfare plan: 3 children from the program rather than re- assume there is no recession driving up the million to 5 million children could lose ducing benefits across-the-board. In some number of children needing help; assume AFDC when that plan is fully phased in. THE UNSHARED SACRIFICE

Percentage of all eligible Dollars cut in the fifth year Children losing benefits in the children who Dollars cut over 5 years (2000) year 2000 would lose benefits in the year 2000

AFDC ...... $12.8 billion ...... $3.7 billion ...... 1.7 million (3–5 million in 18.1 later years). SSI for children ...... $12.1 billion ...... $5.5 billion ...... 516,000 ...... 67.0 Foster Care and Adoption Assistance ...... $5.5 billion ...... $1.7 billion ...... 111,000 ...... 26.0 School Lunches ...... $2 billion ...... $510 million ...... 2.22 million ...... 8.8 Child Care ...... $2.5 billion ...... $612 million ...... 378,000 ...... 24.0 Child and Adult Care Food Program ...... $4.6 billion ...... $1.1 billion ...... 1,048,000 ...... 50.0

This assault on America’s children is also the committee ended the guarantee of food broadest, and by far the deepest pain in an assault on America’s future. The millions for children in Head Start and child care cen- budget cuts, program restructuring, and re- of infants and toddlers who would be denied ters through the Child and Adult Care Food scissions. In less than two weeks key com- food necessary for their physical and intel- Program and lumped this with the WIC pro- mittees and subcommittees have voted to lectual development in the years ahead are gram of food for poor pregnant women and cut $40 billion from crucial child survival the ones America will want to be computer infants, the summer food program, and food programs, and to end the federal safety net programmers in 2017. The millions of five- for the homeless, and cut the package by $5 for children and their families. This is a year-olds who would be denied any cash aid billion over five years. Cutting fat? Hardly. wholly unshared sacrifice: the House seems for housing, food, or clothing are the ones we Experts estimate that hundreds of millions to be postponing for a later day, if ever, any will want to be learning in college or appren- fewer meals would be served to needy chil- contemplation of major cuts for other con- ticing in industry in 2010. The thousands of dren in the year 2000, thanks to the cut. And stituencies. Savings from savage cuts in pro- battered 10-year-olds denied counseling and 60,000 Head Start placements are likely to gram for needy and helpless children would foster care and adoptive homes are the ones end because programs will have to spend the be used to fund a new and unnecessary de- we will want not to be violent 16-year-olds in Head Start money on food to replace the fense build-up; to pay for a capital gains tax 2001. By ravaging the childhoods of millions child care food program cut for hundreds of cut of which 71 percent goes to the richest 1 of American children, the House simulta- thousands of children. Sharing the pain? percent of Americans; and to reduce a tax on neously will be pillaging America’s economic Hardly. No other food program has yet been the richest 13 percent of the elderly by $56 and democratic future. cut, whether the cafeteria for members of billion (over 10 years) when that tax goes to The assault on children is unique in its size the House of Representatives or the pro- pay part of Medicare’s cost. and severity. No other group, except for legal grams that feed the elderly. House Speaker aliens, has been touched by more than a Mr. President, when I go to gather- Gingrich has promised, as well as he should, ings of senior citizens, they list chil- small fraction of the cuts aimed at children. not to cut food programs for the elderly. But No massively subsidized corporation has yet it is perverse to treat food for seniors as de- dren and their grandchildren right at to see a dime threatened. (In fact, a handful serving of protection but food for children as the top of their concerns. We talk of big businesses got a $1 billion gift from a waste of national resources. We can afford about their concerns about block higher prices on infant formula—and less for- to feed both. granting congregate dining and Meals mula purchased—when the House Committee Income support for children. The House on Wheels, which older Americans on Economic and Educational Opportunities Ways and Means Committee’s Human Re- made sure did not happen in the House. voted down competitive bidding in the WIC sources subcommittee voted to take away program, a step USDA says will cause ‘‘in- The first thing they say to me is, ‘‘Sen- the guarantee that poor children can get ator, we also want to make sure that creased malnutrition, growth stunting, and AFDC; voted to order states to deny iron deficiency anemia.’’) No farmer has had throughout childhood any aid to children the school lunch program is not elimi- his crop subsidies cut. No military or civil born out of wedlock to young mothers (even nated or cut back. We want to make service retiree—or member of Congress—has though the mother may eventually requalify sure that there are not cuts in child- seen his pay or health insurance or retire- for aid); and voted to limit to five years the hood nutrition programs.’’ ment benefits cut. Defense contractors have receipt of welfare for children who might Mr. President, I say to my colleagues been given a gift of new and higher spending. still qualify despite the other rule changes. that we do not have, in this Contract Programs for poor families have faced extra In the year 2000, $3.7 billion will be taken cuts in order to spare traditional ‘‘pork’’ like With America, we have not seen in any away from poor children. Is this aimed at of these rescissions, we have not seen visitors’ centers or NRA-sponsored efforts to parents and personal responsibility? Not teach school children to shoot guns. really. The plan cuts off children even when in any of the action on the House side, The House majority has put almost all its parents can get benefits, cuts off families one word about oil company subsidies cost-cutting effort into slashing and burning even when they have been working and com- being cut, one word about coal com- its way through programs for children and plying with all rules, and tells a child who pany subsidies being cut, one word the parents, grandparents, foster parents, has been living with his low-income, elderly about pharmaceutical company sub- and others who are struggling to care for grandparents since birth that she’ll get no sidies being cut, one word about the them. help after the age of five. Cutting fat? No! In This is not what America voted for last privileged, about the powerful, about the year 2000, 1.7 million children who by def- Pentagon contractors having to sac- November. This is not what Americans want. inition do not have enough for food or shel- This is not what America needs. Neverthe- ter are projected to lose AFDC. Even more rifice at all. less, in just 10 days in February, House com- will lose help if states cut back further or di- Instead, those citizens who are being mittees voted to slash these basic supports: vert state and federal AFDC funds to other asked to sacrifice and tighten their Food for children. The House Economic purposes. Sharing the pain? Hardly. belts are the very citizens who can- and Educational Opportunities Committee Mr. WELLSTONE. I will just read a not—the children in this country. I voted to take away the guarantee that low- suggest today that there is a reason for income children can get free or reduced-price couple of operative paragraphs. school lunches and breakfasts. The plan in- In a ‘‘revolution’’ that so far has spared that. They are the citizens who are not discriminately lumps these school-based pro- just about everyone else, the House leader- the heavy hitters. They are the citizens grams together and cuts them by $2 billion ship and key committee majorities have tar- who are not the well connected. They over five years. In a separate block grant, geted America’s children for the earliest, are the citizens who do not have all the S 3552 CONGRESSIONAL RECORD — SENATE March 7, 1995 lobbyists. They are the citizens with see the front page stories; we hear it on Moments in America for children, a the least amount of political power. I the radio; we see it on television. Children’s Defense Fund study last do not think we should be making deci- Sometimes, I think, Mr. President, if I year: sions on that basis. had time, I would retrace the hunger Every 5 seconds of the school day a How interesting it is, Mr. President, tour that Senator Robert Kennedy student drops out of public school; that we are willing to cut free lunches took. I really would. I almost feel as Every 30 seconds a baby is born into for children, but we are not willing to though Senators need to see it them- poverty; ban gifts and cut free lunches for Sen- selves. Every 2 minutes a baby is born at low ators and Representatives. Let me re- All I am saying is, the writing is on birthweight; peat that once again: How interesting the wall. We see where the deep cuts Every 2 minutes a baby is born to a it is that in the U.S. Congress, on the are. We see what its effects on children mother who had late or no prenatal House side, there is a willingness to cut are going to be. Everybody agrees that care; free lunches for hungry children, but these programs are harsh, that these Every 4 minutes a child is arrested no commitment to have a gift ban and programs will have a very serious im- for an alcohol-related crime; end free lunches for Representatives pact on children, the most vulnerable Every 7 minutes a child is arrested and Senators. That small example tells of our citizens, the poor children of for a drug crime; a large story about what is going on America. Every 2 hours a child is murdered; here right now in the U.S. Congress. I am saying, because all eyes are on Every 4 hours a child commits sui- Mr. President, people voted for the Senate to put a stop to this, today cide. change. But it always begged the ques- is the day. Let Members go on record. Mr. President, we cannot savage chil- tion, What kind of change? With these We can do this on a nonpartisan basis. dren in America today. It is uncon- cuts in nutrition programs, now we We should have Democrats and Repub- scionable, as I look at what the House have to have fear, in the schools of licans in a resounding vote go on of Representatives is doing right now, Ohio, Minnesota, Mississippi, and all record that we will not do anything to that we in the U.S. Congress seem to be across the land, not that Johnny can- create more hunger or homelessness willing to cut free lunches for poor not read, but that Johnny cannot eat. among children. Let Members agree on children in America, but we have not These cuts go beyond the goodness of yet passed a gift ban that would end that. Let Members agree when it comes people in this country. free lunches for Representatives and to deficit reduction, there will be a This is not what people voted for. Senators. Today I ask the U.S. Senate, standard of fairness. Let Members And when we see the rescissions com- Democrats and Republicans alike, to agree we will represent children in ing over, and some of these block go on record, ‘‘It is the sense of Con- America and we will represent them grants and mean-spirited cutbacks in gress that Congress should not enact or well. Let Members agree this is a part child nutrition programs, and mean- adopt any legislation that would in- of the priorities of what we stand for. spirited cuts in other children’s pro- crease the number of children who are Let Members put to rest the fears that grams that will lead to more homeless, hungry or homeless.’’ so many people have in this country all I ask my colleagues in the U.S. Sen- How much time do I have left? that what is happening right now in ate to do today is to go on record with The PRESIDING OFFICER (Mr. the Congress is a juggernaut that is a mild sense-of-the-Senate resolution SANTORUM). The Senator from Min- that we will not do anything that will mean spirited, that will hurt so many nesota has 23 minutes 15 seconds. increase more hunger or homelessness children in the country. Mr. WELLSTONE. Mr. President, I among children. We, today, can go on record saying reserve the remainder of my time Now, Mr. President, I say to my col- we are not going to do that. That is Mr. LOTT addressed the Chair. leagues—because I have had this what I ask my colleagues to do. The PRESIDING OFFICER. The Sen- amendment on the floor over and over Mr. President, I do not really under- ator from Mississippi. again—that I do not think they can stand. One of the things that has been Mr. LOTT. Mr. President, we have no hide any longer. First, at the beginning interesting to me is the silence on the request for time on this side. We are of the session, it was all about preroga- other side of the aisle. We know rescis- prepared to yield our time back if the tive, not on the Congressional Ac- sions are coming over here. We know Senator from Minnesota is ready to countability Act. the kind of cuts that have already conclude the debate. I also heard about this type of ration- taken place in committee and on the Mr. WELLSTONE. Mr. President, be- ale and even read in the New York floor in the House of Representatives. fore I do, and while my colleague is on Times Magazine about this the other So there is not one Senator who can the floor, I would like to get his atten- day in relation to gift ban. No, we do look me in the eye and say any longer, tion just for a moment. I will be not want to do that because we want to ‘‘Senator WELLSTONE, you’re crying pleased to do so, and I understand the show that we are in control. Or we do Chicken Little.’’ That is what some of votes will all take place after our cau- not want to give a Senator ink. I did my colleagues had to say to me at the cus meetings this afternoon. not think we made decisions on that beginning of the session. I have a lot of respect for the whip. I basis, but the gift ban amendment was But now the evidence is irrefutable think we have a good friendship, agree voted down. This amendment was and irreducible. We know the proposed or disagree, on all issues. But I want voted down also. Then I brought it up cuts. We know what is coming over my colleague to know why I continue again on unfunded mandates—it was here. I do not think there is one Sen- to bring this amendment to the floor. voted down. Then I brought it up as ator who can come out on the floor and It certainly is not for ink because there just a motion to refer to the Budget say to me today ‘‘You are wrong, we has not been a lot of coverage for this Committee, not as an amendment to don’t need to go on record with this amendment. the constitutional amendment to bal- statement, because no one will do this I said at the beginning I was going to ance the budget. Senator HATCH was on to children in America.’’ The evidence do it, and every day as I read the pa- the floor, a Senator whom I deeply re- is clear it is being done. Nor are there pers and hear what is happening on the spect, and he said, ‘‘Look, Senator any excuses any longer about it being House side, I realize that it is really WELLSTONE, I really think that this is the beginning of the session or about it going to be up to the Senate, Repub- based upon your opposition to the bal- being the constitutional amendment to licans and Democrats alike, in a care- anced budget amendment, and these balance the budget. It is all very clear. ful nonpartisan way to take certain ac- amendments are not going to be One more time, Mr. President: tion that I think 90 percent of the peo- amendments we will accept.’’ Fine. It is the sense of the Congress that Con- ple in the country want us to take. But now we have a bill that is sailing gress should not enact or adopt any legisla- Part of that action is to certainly through the Senate. There is tremen- tion that will increase the number of chil- not, for example, cut nutrition pro- dous support for it. I support it. And all dren who are hungry or homeless. grams for children. I refer the Senator I am doing, since this bill is out here, Is that too much to ask of my col- from Mississippi to this article today is asking for a sense of the Senate. We leagues? regarding Fayette, MS, and there were March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3553 two parts to this. There are wonderful of these programs instead of getting to program, we will never get anything interviews with some of the parents children, food for children, nutrition done. and some of the women who work at for children. I did not want to start a full debate the cafeteria and teachers who work One of the points that people in here, but I had to at least get that on with children about the tremendous Washington seem to miss is—— the record. I think what we are talking fear. Mr. WELLSTONE. Will the Senator about is better programs, less bureauc- The headline is ‘‘School Fearful That yield? Can I ask the Senator before he racy, and more funds for people who ‘Johnny Can’t Eat’,’’ not ‘‘Johnny moves to table if I could have a couple really need the help. Can’t Read.’’ minutes to respond? Does the Senator wish to use addi- Congress’ school lunch debate wor- Mr. LOTT. I am sure we can work tional time? ries some in rural Mississippi. The Sen- that out. Mr. WELLSTONE. Mr. President, if I ator may have been off the floor. It Mr. WELLSTONE. I thank the Sen- might just ask for 5 minutes. starts out with this quote. I find this ator. Mr. LOTT. Since the Senator yielded quote to be, at a personal level—it Mr. LOTT. I just ask the Senators back his time, I will yield back 5 min- moves me and really worries me. here, is there anybody among us who utes from our time. ‘‘I got a little boy come in here every would not like to see us find some sav- Mr. WELLSTONE. Mr. President, I morning and eats everybody’s food. Just ings in programs, maybe actually get thank the Senator from Mississippi. licks the plate. And you know he’s not the more money to the children? What I Let me just be really clear about, only one,’’ said Jeanette Reeves, eagle-eyed and dressed in starched white, a cafeteria understand is being proposed in the first of all, what this vote is on. I do manager who doesn’t have to tell the chil- House of Representatives actually with take exception to some of what my col- dren twice to eat all their lima beans. ‘‘Many the block grants is that you would get league had to say. But I am not even of these children get their only meals right more money actually going for food to debating today whether or not some of here at school. Lord, it’ll be cruel to change the children by cutting out the bu- what has been proposed in block grants that.’’ reaucracy and the redtape. will work better or not. I take what And then there are some teachers, I It seems to me like that is a good the Senator has said to be said in good say to my colleague from Mississippi. idea: More flexibility for the States, a faith. This is in Fayette, MS, and they say, better way, perhaps, being found to ad- What this amendment says is the ‘‘Listen, these children just cannot minister these programs. The Gov- Senate goes on record that we will not learn, if they are not going to have at ernors believe that can happen—the enact or adopt any legislation which least one good meal a day, they can’t Governor of my State, the Governor of will increase the number of children learn, they can’t do well in school.’’ Michigan. hungry or homeless. Mr. President, we all say we are for So what we are talking about is a So the Senator from Mississippi the children in America. As I have said better program, a better deal that will would agree with me on that. He has on the floor before, I think that in- help more children. What we have been not proposed that we do make cuts cludes all God’s children, not just our doing is we are feeding bureaucrats. that would increase hunger and home- children, and that includes the children How about if we feed the children in- lessness. that are poor and, unfortunately, a siz- stead? This does not cast judgment on any able percentage of children in America What everybody is saying is we can- particular proposal. Given what is are poor. not change anything. ‘‘Oh, no, don’t moving through and given some of the I say to my colleague from Mis- touch this one, don’t touch that one.’’ discussion, let us go on record that we sissippi, if there is no further debate, I For 40 years this stuff has been build- are not going to do anything that would be pleased to yield back the re- ing up. It is a bureaucratic nightmare, would do that. I should think the Sen- mainder of my time, but I am hoping with all kinds of waste. It is time that ator would agree. That is my first that in the absence of debate today we find a way to improve some of these point. To vote for this means that Sen- that finally the Senate is willing to go programs. We believe we can do that. ators are willing to go on record saying on record: That is all we are seeking with these certainly one thing that is important It is the sense of Congress that Congress nutrition programs. There is a tremen- to us is not to increase any hunger or should not enact or adopt any legislation dous amount of misinformation out homelessness among children. That is that will increase the number of children there on this and other programs. all this says. That is point one. who are hungry or homeless. Last week we had debate on the bal- Point two—and I say this with some I do not think there should be one anced budget amendment. They said, sense of sadness to my colleague—actu- Senator who should have a problem ‘‘Oh, we don’t need this. Let’s just go ally there is a considerable amount of voting for this. I think it is time we go and find a way to reduce the deficit.’’ empirical data about the cuts. I have on record as an institution. If there is And then the list begins: ‘‘Oh, but, you before me a Department of Agriculture no debate, I take that silence as con- can’t touch this program, you can’t study, and actually there are many sent, and I yield back the remainder of even improve it, you can’t limit the other studies that are now coming out my time. rate of increase in spending on pro- about the cuts that are being proposed, Mr. LOTT addressed the Chair. grams.’’ cuts I say to my colleague, in child nu- The PRESIDING OFFICER. The Sen- That is all we are talking about. trition programs State by State. Ala- ator from Mississippi. Most of these programs we are not bama, school-age children, fiscal year Mr. LOTT. Mr. President, I will be talking about cutting a nickel; we are 1996, $1,972,000; preschool children, happy to yield back the remainder of talking about controlling the rate of $15,098,000; Mississippi—but I will get time, but first, since my State has been growth. So here they come, the same to Minnesota so you do not think it is referred to several times—that is nor- crowd we heard in the eighties: ‘‘Oh, just Mississippi—$2,421,000 for school- mal, if you want to make a case, it has don’t cut this one, don’t cut that one, age children and $14 million cuts for been the practice around here for 20 don’t cut the Low Income Energy As- preschool children in nutrition pro- years to attack Mississippi. sistance Program,’’ that gives $19 mil- grams. In my State of Minnesota, cuts Frankly, we do not appreciate that. lion for air conditioning in the State of of $1,627,000 for school-age children and But also I just want to emphasize, Florida, and I am sure a lot of money $15,189,000 for preschool children. there is a lot of misinformation out for air conditioning in my State. That is why I am worried about this, here. What we would like to do is to We all have our little program and I say to my colleague from Mississippi. take nutrition programs, a lot of other say, ‘‘Don’t touch this one.’’ You can- So, first, there is no one any longer programs, reform them, get the fraud not have it both ways. You cannot find who is really arguing we are not facing out of them where it exists—and it ways to begin to control spending and deep cuts that will have a harmful ef- may not be the case in the nutrition reduce the deficit without looking at fect on children. But, even if I was to program—cut back on administration every program, every agency, every de- agree with what my colleague just costs because there is a lot of waste partment and seeing if we cannot do a said, that is not what this amendment and money going to the administration better job. If we say do not touch any is about. We should together vote for S 3554 CONGRESSIONAL RECORD — SENATE March 7, 1995 this because then we make it clear that Chamber, though not today, and we to reduce the Federal paperwork bur- regardless of our disagreement about will have a vote on it. I will not pro- dens imposed on the public. specific policies, one thing we are in pose this amendment today. I have been particularly concerned agreement on is that the Senate as an Mr. LOTT addressed the Chair. about the effects of the Federal regu- institution certainly is not going to The PRESIDING OFFICER. The Sen- latory burden on small businesses take any action that would increase ator from Mississippi. throughout my years in Congress. hunger or homelessness among chil- Mr. LOTT. I would like to say to the Americans spend billions of hours a dren. I do not know how my colleagues Senator from Minnesota and remind all year filling out forms, surveys, ques- can continue to vote against this. of our colleagues that the majority tionnaires, and other information re- Finally, I would like to say this by leader, Senator DOLE, has indicated quests for the Federal Government at a way of an apology because I agree with this issue will be addressed. He is work- cost of several hundred billions dollars. my colleague from Mississippi about ing on legislation in the gift ban area, Increasing paperwork burdens force this. I think this is a powerful story, and I do expect that we will have a small businesses to redirect scarce re- but in no way, shape or form did I in- vote in this area in the not too distant sources away from activities that tend to pick on Mississippi. I believe future. So rest assured, we are going to might otherwise allow them to provide that one of the things we do over and take up this issue. better services to their customers or over again is that we look everywhere Mr. WELLSTONE. Mr. President, I provide additional jobs. America’s but home. It is so easy for those of us thank my colleague from Mississippi, small businesses are the backbone of in Pennsylvania or Minnesota to focus and I would just say I appreciate that. our economy and, as such we need to on Mississippi, and I fully understand Rest assured, I will be out in the Cham- ensure that they are not crippled by the sentiment of my colleague from ber with other colleagues with this regulatory burdens that hinder their Mississippi. Unfortunately, Mr. Presi- amendment and keep pushing this, and ability to compete in the increasingly dent, I say to my colleague, I can point hopefully we will all do this together. competitive global marketplace. to children that are struggling in Min- Mr. LOTT. Mr. President, I suggest I am also pleased to cosponsor an nesota. I am sure that the Presiding the absence of a quorum. amendment offered by Senator LEVIN Officer can in Pennsylvania. The kind The PRESIDING OFFICER. The to eliminate or modify over 200 statu- of issues that concern me are all across clerk will call the roll. tory reporting requirements that have the United States of America, not just The bill clerk proceeded to call the in the State of Mississippi, which, in- roll. outlived their usefulness. This is an deed, is a wonderful State. But this is Mr. GREGG. Mr. President, I ask issue that Senator LEVIN and I have a wonderful story because it puts faces, unanimous consent that the order for worked on for a number of years in our it puts real people, it puts real children the quorum call be rescinded. capacity as chairman and ranking mi- behind all the statistics, and that is The PRESIDING OFFICER (Mr. nority member of the Governmental why I use this as an example. ASHCROFT). Without objection, it is so Affairs Subcommittee on Oversight of Mr. President, I thank the Senator ordered. Government Management. The Levin from Mississippi. I really hope I will Mr. GREGG. Mr. President, at this amendment is consistent with efforts have support from colleagues on this. time I had the right to offer an amend- by the administration and the Congress Mr. LOTT addressed the Chair. ment. I do not intend to offer the to reinvent Government and make it The PRESIDING OFFICER. The Sen- amendment at this time and withdraw more efficient. It is based on a bill Sen- ator from Mississippi. that right. ator LEVIN and I introduced last Con- Mr. LOTT. I yield back the remain- THE OREGON OPTION gress which CBO estimated would re- der of our time, and I move to table the Mr. HATFIELD. Mr. President, re- duce agencies’ reporting costs by $5 to amendment. I ask for the yeas and cently, the State of Oregon and several $10 million annually. The legislation nays. Federal agencies signed a memoran- was the product of more than a year’s The PRESIDING OFFICER. Is there a dum of understanding to create a new worth of discussions with Government sufficient second? There appears to be partnership which will test unique agencies and congressional commit- a sufficient second. methods of delivering Government tees. The yeas and nays were ordered. services in a better and more efficient Examples of the types of reports that Mr. LOTT. Mr. President, does the manner. When this revolutionary part- the amendment will eliminate or mod- Chair have business pending? nership, called the Oregon option, is ify include a provision to eliminate an The PRESIDING OFFICER. Under fully implemented, Federal grants or annual Department of Energy report- the previous order, the Senator from transfers to State and local govern- ing requirement on naval petroleum Minnesota [Mr. WELLSTONE] is recog- ments in Oregon will be based on re- and oil shale reserves production. The nized to offer an amendment on which sults rather than compliance with pro- same data included in this report is in- there shall be 90 minutes equally di- cedures. cluded in the naval petroleum reserves vided. I believe that this project has the po- annual report. Another provision would Mr. WELLSTONE. Mr. President, tential to vastly improve intergovern- modify the Department of Labor’s an- yesterday, I had reserved time for an- mental service delivery in my State nual report to include the Depart- other slot and had considered an and may well prove to be a national ment’s audited financial statements amendment, which is the gift ban model for future governmental partner- and, thereby, eliminate the need for a amendment, and again the connection I ships. For this reason, I am pleased the separate annual report for all money make over and over again today, it just managers of the pending legislation, received and disbursed by the Depart- strikes me as being more than ironic; I the Paperwork Reduction Act of 1995, ment. think it is unconscionable that, appar- have included in their bill my sense-of- The Levin amendment is consistent ently, as I look at what the House of the-Senate resolution urging the Fed- with the goals of the Paperwork Reduc- Representatives is doing right now, we eral Government to continue to be an tion Act. It is intended to reduce the are willing to cut free lunches for chil- active partner in this effort. paperwork burdens placed on Federal dren but we are not willing to pass a Mr. President, I would specifically agencies and streamline the informa- gift ban that ends free lunches for Sen- like to thank Senators ROTH and tion that flows from these agencies to ators and Representatives. GLENN for their assistance and would the Congress. However, Mr. President, while I also like to thank Senator NUNN for his Mr. President, I would now like to think there has to be action on this, I help in including my amendment. make a few statements about the over- look forward to working with my col- Mr. COHEN. Mr. President, as a co- all legislation. The bill before us con- leagues, Senator LEVIN from Michigan, sponsor of this important legislation, I tains provisions to maximize the use of Senator FEINGOLD, Senator LAUTEN- am pleased that the Senate will soon information collected by the Federal BERG, and certainly the majority lead- pass the Paperwork Reduction Act of Government and keep in place the 1980 er, who has gone on record in favor of 1995. I am a longtime supporter of the act’s goal of reducing the paperwork this. So this amendment will be in the Paperwork Reduction Act which seeks burdens imposed on the public through March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3555 an annual governmentwide paperwork Mr. FORD. I announce that the Sen- D’Amato Hollings Murkowski Daschle Hutchison Murray reduction goal of 5 percent. ator from Arkansas [Mr. PRYOR] is ab- DeWine Inhofe Nickles It reauthorizes the Office of Informa- sent because of death in the family. Dodd Inouye Nunn tion and Regulatory Affairs [OIRA], The PRESIDING OFFICER. Are there Dole Jeffords Packwood within the Office of Management and any other Senators in the Chamber Domenici Johnston Pell Dorgan Kassebaum Pressler Budget [OMB], which implements the who desire to vote? Exon Kempthorne Reid act and requires each Federal agency The result was announced—yeas 51, Faircloth Kennedy Robb to thoroughly review proposed paper- nays 47, as follows: Feingold Kerrey Rockefeller work requirements to make sure they Feinstein Kerry Roth [Rollcall Vote No. 99 Leg.] Ford Kohl Santorum are truly needed and have a practical YEAS—51 Frist Kyl Sarbanes utility. It also enhances public partici- Glenn Lautenberg Shelby pation in reviewing paperwork require- Abraham Gorton McConnell Gorton Leahy Simon Ashcroft Gramm Murkowski Graham Levin Simpson ments. Bennett Grams Nickles Gramm Lieberman Smith The bill clarifies that the act applies Bond Grassley Packwood Grams Lott Snowe to all Government-sponsored paper- Brown Hatch Pressler Grassley Lugar Specter work, eliminating any confusion over Burns Hatfield Roth Gregg Mack Stevens Chafee Helms Santorum Harkin McCain Thomas the coverage of so-called third party Coats Hutchison Shelby Hatch McConnell Thompson burdens—those imposed by one private Cochran Kassebaum Simpson Hatfield Mikulski Thurmond party on another due to a Federal regu- Coverdell Kempthorne Smith Heflin Moseley-Braun Warner Craig Kerrey Snowe Helms Moynihan Wellstone lation—caused by the U.S. Supreme D’Amato Kyl Specter Court’s 1989 decision in Dole versus DeWine Lieberman Stevens NOT VOTING—1 United Steelworkers of America. This Dole Lott Thomas Pryor decision created a loophole for agencies Domenici Lugar Thompson Faircloth Mack Thurmond So the bill (S. 244) as amended was to avoid public comment and OMB re- Frist McCain Warner passed as follows: view. Florida Gov. Lawton Chiles, who authorized the Paperwork Reduction NAYS—47 S. 244 Act when he was in the Senate, filed on Akaka Exon Lautenberg Be it enacted by the Senate and House of Rep- Baucus Feingold Leahy amicus brief with the Supreme Court resentatives of the United States of America in Biden Feinstein Levin Congress assembled, arguing that no such exemption for Bingaman Ford Mikulski third party paperwork burdens where Boxer Glenn Moseley-Braun TITLE I—PAPERWORK REDUCTION intended when the act was created. Un- Bradley Graham Moynihan SEC. 101. SHORT TITLE. Breaux Gregg Murray This title may be cited as the ‘‘Paperwork fortunately, the Court held that the Bryan Harkin Nunn plain meaning of the statute could not Bumpers Heflin Pell Reduction Act of 1995’’. support such a finding. Byrd Hollings Reid SEC. 102. COORDINATION OF FEDERAL INFORMA- Finally, I am pleased that the Gov- Campbell Inouye Robb TION POLICY. Cohen Jeffords Rockefeller Chapter 35 of title 44, United States Code, ernmental Affairs Committee accepted Conrad Johnston Sarbanes is amended to read as follows: an amendment I offered in committee Daschle Kennedy Simon to make changes to the information Dodd Kerry Wellstone ‘‘CHAPTER 35—COORDINATION OF Dorgan Kohl FEDERAL INFORMATION POLICY technology provisions of the bill and allow the opportunity for information NOT VOTING—2 ‘‘Sec. ‘‘3501. Purposes. technology reform later this Congress. Inhofe Pryor ‘‘3502. Definitions. This is an important issue that war- So the motion to lay on the table the ‘‘3503. Office of Information and Regulatory rants separate legislative consider- amendment (No. 320) was agreed to. Affairs. ation. In closing, I want to commend The PRESIDING OFFICER. The ‘‘3504. Authority and functions of Director. Senators ROTH, GLENN, and NUNN for question is on the engrossment and ‘‘3505. Assignment of tasks and deadlines. their work in this area. The bill enjoys ‘‘3506. Federal agency responsibilities. third reading of the bill. ‘‘3507. Public information collection activi- broad bipartisan support and I hope my The bill was ordered to be engrossed colleagues will move expeditiously to ties; submission to Director; for a third reading, and was read the approval and delegation. vote on final passage. third time. ‘‘3508. Determination of necessity for infor- f Mr. DOLE. Mr. President, I ask for mation; hearing. ‘‘3509. Designation of central collection RECESS UNTIL 2:15 P.M. the yeas and nays The PRESIDING OFFICER. Is there a agency. Mr. GREGG. Mr. President, I ask sufficient second? ‘‘3510. Cooperation of agencies in making in- formation available. unanimous consent that the Senate There is a sufficient second. now stand in recess until 2:15. ‘‘3511. Establishment and operation of Gov- The yeas and nays were ordered. ernment Information Locator There being no objection, the Senate, The PRESIDING OFFICER. The bill, Service. at 12:23 p.m., recessed until 2:15 p.m.; having been read the third time, the ‘‘3512. Public protection. whereupon, the Senate reassembled question is, Shall it pass? ‘‘3513. Director review of agency activities; when called to order by the Presiding The yeas and nays have been ordered. reporting; agency response. Officer (Mr. ABRAHAM). The clerk will call the roll. ‘‘3514. Responsiveness to Congress. f The bill clerk called the roll. ‘‘3515. Administrative powers. ‘‘3516. Rules and regulations. PAPERWORK REDUCTION ACT OF Mr. FORD. I announce that the Sen- ‘‘3517. Consultation with other agencies and 1995 ator from Arkansas [Mr. PRYOR] is ab- the public. sent because of death in the family. ‘‘3518. Effect on existing laws and regula- The Senate continued with the con- The PRESIDING OFFICER. Are there tions. sideration of the bill. any other Senators in the Chamber de- ‘‘3519. Access to information. VOTE ON MOTION TO TABLE AMENDMENT NO. 320 siring to vote? ‘‘3520. Authorization of appropriations. The PRESIDING OFFICER. The The result was announced—yeas 99, ‘‘§ 3501. Purposes question now occurs on the motion to nays 0, as follows: ‘‘The purposes of this chapter are to— table amendment No. 320, offered by [Rollcall Vote No. 100 Leg.] ‘‘(1) minimize the paperwork burden for in- the Senator from Minnesota [Mr. dividuals, small businesses, educational and YEAS—99 WELLSTONE]. nonprofit institutions, Federal contractors, Abraham Boxer Campbell State, local and tribal governments, and The yeas and nays have been ordered. Akaka Bradley Chafee The clerk will call the roll. other persons resulting from the collection Ashcroft Breaux Coats of information by or for the Federal Govern- Baucus Brown Cochran The legislative clerk called the roll. ment; Mr. LOTT. I announce that the Sen- Bennett Bryan Cohen Biden Bumpers Conrad ‘‘(2) ensure the greatest possible public ator from Oklahoma [Mr. INHOFE] is Bingaman Burns Coverdell benefit from and maximize the utility of in- necessarily absent. Bond Byrd Craig formation created, collected, maintained, S 3556 CONGRESSIONAL RECORD — SENATE March 7, 1995 used, shared and disseminated by or for the ‘‘(C) adjusting the existing ways to comply agency on persons to maintain specified Federal Government; with any previously applicable instructions records. ‘‘(3) coordinate, integrate, and to the ex- and requirements; ‘‘§ 3503. Office of Information and Regulatory tent practicable and appropriate, make uni- ‘‘(D) searching data sources; Affairs form Federal information resources manage- ‘‘(E) completing and reviewing the collec- ‘‘(a) There is established in the Office of ment policies and practices as a means to tion of information; and Management and Budget an office to be improve the productivity, efficiency, and ef- ‘‘(F) transmitting, or otherwise disclosing known as the Office of Information and Reg- fectiveness of Government programs, includ- the information; ulatory Affairs. ing the reduction of information collection ‘‘(3) the term ‘collection of information’— ‘‘(b) There shall be at the head of the Office ‘‘(A) means the obtaining, causing to be burdens on the public and the improvement an Administrator who shall be appointed by obtained, soliciting, or requiring the disclo- of service delivery to the public; the President, by and with the advice and sure to third parties or the public, of facts or ‘‘(4) improve the quality and use of Federal consent of the Senate. The Director shall opinions by or for an agency, regardless of information to strengthen decisionmaking, delegate to the Administrator the authority form or format, calling for either— accountability, and openness in Government to administer all functions under this chap- ‘‘(i) answers to identical questions posed and society; ter, except that any such delegation shall to, or identical reporting or recordkeeping ‘‘(5) minimize the cost to the Federal Gov- not relieve the Director of responsibility for requirements imposed on, ten or more per- ernment of the creation, collection, mainte- the administration of such functions. The sons, other than agencies, instrumentalities, nance, use, dissemination, and disposition of Administrator shall serve as principal ad- or employees of the United States; or information; viser to the Director on Federal information ‘‘(ii) answers to questions posed to agen- ‘‘(6) strengthen the partnership between resources management policy. cies, instrumentalities, or employees of the the Federal Government and State, local, ‘‘(c) The Administrator and employees of United States which are to be used for gen- and tribal governments by minimizing the the Office of Information and Regulatory Af- eral statistical purposes; and burden and maximizing the utility of infor- fairs shall be appointed with special atten- ‘‘(B) shall not include a collection of infor- mation created, collected, maintained, used, tion to professional qualifications required mation described under section 3518(c)(1); disseminated, and retained by or for the Fed- to administer the functions of the Office de- ‘‘(4) the term ‘Director’ means the Director eral Government; scribed under this chapter. Such qualifica- of the Office of Management and Budget; ‘‘(7) provide for the dissemination of public tions shall include relevant education, work ‘‘(5) the term ‘independent regulatory information on a timely basis, on equitable experience, or related professional activities. terms, and in a manner that promotes the agency’ means the Board of Governors of the utility of the information to the public and Federal Reserve System, the Commodity Fu- ‘‘§ 3504. Authority and functions of Director makes effective use of information tech- tures Trading Commission, the Consumer ‘‘(a)(1) The Director shall oversee the use nology; Product Safety Commission, the Federal of information resources to improve the effi- ‘‘(8) ensure that the creation, collection, Communications Commission, the Federal ciency and effectiveness of governmental op- maintenance, use, dissemination, and dis- Deposit Insurance Corporation, the Federal erations to serve agency missions, including position of information by or for the Federal Energy Regulatory Commission, the Federal service delivery to the public. In performing Government is consistent with applicable Housing Finance Board, the Federal Mari- such oversight, the Director shall— laws, including laws relating to— time Commission, the Federal Trade Com- ‘‘(A) develop, coordinate and oversee the ‘‘(A) privacy and confidentiality, including mission, the Interstate Commerce Commis- implementation of Federal information re- section 552a of title 5; sion, the Mine Enforcement Safety and sources management policies, principles, ‘‘(B) security of information, including the Health Review Commission, the National standards, and guidelines; and Computer Security Act of 1987 (Public Law Labor Relations Board, the Nuclear Regu- ‘‘(B) provide direction and oversee— 100–235); and latory Commission, the Occupational Safety ‘‘(i) the review of the collection of informa- ‘‘(C) access to information, including sec- and Health Review Commission, the Postal tion and the reduction of the information tion 552 of title 5; Rate Commission, the Securities and Ex- collection burden; ‘‘(9) ensure the integrity, quality, and util- change Commission, and any other similar ‘‘(ii) agency dissemination of and public ity of the Federal statistical system; agency designated by statute as a Federal access to information; ‘‘(10) ensure that information technology is independent regulatory agency or commis- ‘‘(iii) statistical activities; acquired, used, and managed to improve per- sion; ‘‘(iv) records management activities; formance of agency missions, including the ‘‘(6) the term ‘information resources’ ‘‘(v) privacy, confidentiality, security, dis- reduction of information collection burdens means information and related resources, closure, and sharing of information; and on the public; and such as personnel, equipment, funds, and in- ‘‘(vi) the acquisition and use of informa- ‘‘(11) improve the responsibility and ac- formation technology; tion technology. countability of the Office of Management ‘‘(7) the term ‘information resources man- ‘‘(2) The authority of the Director under and Budget and all other Federal agencies to agement’ means the process of managing in- this chapter shall be exercised consistent Congress and to the public for implementing formation resources to accomplish agency with applicable law. the information collection review process, missions and to improve agency perform- ‘‘(b) With respect to general information information resources management, and re- ance, including through the reduction of in- resources management policy, the Director lated policies and guidelines established formation collection burdens on the public; shall— under this chapter. ‘‘(8) the term ‘information system’ means a ‘‘(1) develop and oversee the implementa- discrete set of information resources orga- tion of uniform information resources man- ‘‘§ 3502. Definitions nized for the collection, processing, mainte- agement policies, principles, standards, and ‘‘As used in this chapter— nance, use, sharing, dissemination, or dis- guidelines; ‘‘(1) the term ‘agency’ means any executive position of information; ‘‘(2) foster greater sharing, dissemination, department, military department, Govern- ‘‘(9) the term ‘information technology’ has and access to public information, including ment corporation, Government controlled the same meaning as the term ‘automatic through— corporation, or other establishment in the data processing equipment’ as defined by ‘‘(A) the use of the Government Informa- executive branch of the Government (includ- section 111(a) (2) and (3)(C) (i) through (v) of tion Locator Service; and ing the Executive Office of the President), or the Federal Property and Administrative ‘‘(B) the development and utilization of any independent regulatory agency, but does Services Act of 1949 (40 U.S.C. 759(a) (2) and common standards for information collec- not include— (3)(C) (i) through (v)); tion, storage, processing and communica- ‘‘(A) the General Accounting Office; ‘‘(10) the term ‘person’ means an individ- tion, including standards for security, ‘‘(B) Federal Election Commission; ual, partnership, association, corporation, interconnectivity and interoperability; ‘‘(C) the governments of the District of Co- business trust, or legal representative, an or- ‘‘(3) initiate and review proposals for lumbia and of the territories and possessions ganized group of individuals, a State, terri- changes in legislation, regulations, and agen- of the United States, and their various sub- torial, or local government or branch there- cy procedures to improve information re- divisions; or of, or a political subdivision of a State, terri- sources management practices; ‘‘(D) Government-owned contractor-oper- tory, or local government or a branch of a ‘‘(4) oversee the development and imple- ated facilities, including laboratories en- political subdivision; mentation of best practices in information gaged in national defense research and pro- ‘‘(11) the term ‘practical utility’ means the resources management, including training; duction activities; ability of an agency to use information, par- and ‘‘(2) the term ‘burden’ means time, effort, ticularly the capability to process such in- ‘‘(5) oversee agency integration of program or financial resources expended by persons to formation in a timely and useful fashion; and management functions with information generate, maintain, or provide information ‘‘(12) the term ‘public information’ means resources management functions. to or for a Federal agency, including the re- any information, regardless of form or for- ‘‘(c) With respect to the collection of infor- sources expended for— mat, that an agency discloses, disseminates, mation and the control of paperwork, the Di- ‘‘(A) reviewing instructions; or makes available to the public; and rector shall— ‘‘(B) acquiring, installing, and utilizing ‘‘(13) the term ‘recordkeeping requirement’ ‘‘(1) review proposed agency collections of technology and systems; means a requirement imposed by or for an information, and in accordance with section March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3557 3508, determine whether the collection of in- ‘‘(i) the heads of the major statistical pro- and budgets for acquisition and use of infor- formation by or for an agency is necessary grams; and mation technology; and for the proper performance of the functions ‘‘(ii) representatives of other statistical ‘‘(B) the efficiency and effectiveness of of the agency, including whether the infor- agencies under rotating membership; and inter-agency information technology initia- mation shall have practical utility; ‘‘(9) provide opportunities for training in tives to improve agency performance and the ‘‘(2) coordinate the review of the collection statistical policy functions to employees of accomplishment of agency missions; and of information associated with Federal pro- the Federal Government under which— ‘‘(5) promote the use of information tech- curement and acquisition by the Office of In- ‘‘(A) each trainee shall be selected at the nology by the Federal Government to im- formation and Regulatory Affairs with the discretion of the Director based on agency prove the productivity, efficiency, and effec- Office of Federal Procurement Policy, with requests and shall serve under the chief stat- tiveness of Federal programs, including particular emphasis on applying information istician for at least 6 months and not more through dissemination of public information technology to improve the efficiency and ef- than 1 year; and and the reduction of information collection fectiveness of Federal procurement and ac- ‘‘(B) all costs of the training shall be paid burdens on the public. quisition and to reduce information collec- by the agency requesting training. tion burdens on the public; ‘‘(f) With respect to records management, ‘‘§ 3505. Assignment of tasks and deadlines ‘‘(3) minimize the Federal information col- the Director shall— ‘‘In carrying out the functions under this lection burden, with particular emphasis on ‘‘(1) provide advice and assistance to the chapter, the Director shall— those individuals and entities most adversely Archivist of the United States and the Ad- ‘‘(1) in consultation with agency heads, set affected; ministrator of General Services to promote an annual Governmentwide goal for the re- ‘‘(4) maximize the practical utility of and coordination in the administration of chap- duction of information collection burdens by public benefit from information collected by ters 29, 31, and 33 of this title with the infor- at least five percent, and set annual agency or for the Federal Government; and mation resources management policies, prin- goals to— ‘‘(5) establish and oversee standards and ciples, standards, and guidelines established ‘‘(A) reduce information collection burdens guidelines by which agencies are to estimate under this chapter; imposed on the public that— the burden to comply with a proposed collec- ‘‘(2) review compliance by agencies with— ‘‘(i) represent the maximum practicable tion of information. ‘‘(A) the requirements of chapters 29, 31, opportunity in each agency; and ‘‘(d) With respect to information dissemi- and 33 of this title; and ‘‘(ii) are consistent with improving agency nation, the Director shall develop and over- ‘‘(B) regulations promulgated by the Archi- management of the process for the review of see the implementation of policies, prin- vist of the United States and the Adminis- collections of information established under ciples, standards, and guidelines to— trator of General Services; and section 3506(c); and ‘‘(1) apply to Federal agency dissemination ‘‘(3) oversee the application of records ‘‘(B) improve information resources man- of public information, regardless of the form management policies, principles, standards, agement in ways that increase the produc- or format in which such information is dis- and guidelines, including requirements for tivity, efficiency and effectiveness of Federal seminated; and archiving information maintained in elec- programs, including service delivery to the ‘‘(2) promote public access to public infor- tronic format, in the planning and design of public; mation and fulfill the purposes of this chap- information systems. ‘‘(2) with selected agencies and non-Fed- ter, including through the effective use of in- ‘‘(g) With respect to privacy and security, eral entities on a voluntary basis, conduct formation technology. the Director shall— pilot projects to test alternative policies, ‘‘(e) With respect to statistical policy and ‘‘(1) develop and oversee the implementa- practices, regulations, and procedures to ful- coordination, the Director shall— tion of policies, principles, standards, and fill the purposes of this chapter, particularly ‘‘(1) coordinate the activities of the Fed- guidelines on privacy, confidentiality, secu- with regard to minimizing the Federal infor- eral statistical system to ensure— rity, disclosure and sharing of information mation collection burden; and ‘‘(A) the efficiency and effectiveness of the collected or maintained by or for agencies; ‘‘(3) in consultation with the Adminis- system; and ‘‘(2) oversee and coordinate compliance trator of General Services, the Director of ‘‘(B) the integrity, objectivity, impartial- with sections 552 and 552a of title 5, the Com- the National Institute of Standards and ity, utility, and confidentiality of informa- puter Security Act of 1987 (40 U.S.C. 759 Technology, the Archivist of the United tion collected for statistical purposes; note), and related information management States, and the Director of the Office of Per- ‘‘(2) ensure that budget proposals of agen- laws; and sonnel Management, develop and maintain a cies are consistent with system-wide prior- ‘‘(3) require Federal agencies, consistent Governmentwide strategic plan for informa- ities for maintaining and improving the with the Computer Security Act of 1987 (40 tion resources management, that shall in- quality of Federal statistics and prepare an U.S.C. 759 note), to identify and afford secu- clude— annual report on statistical program fund- rity protections commensurate with the risk ‘‘(A) a description of the objectives and the ing; and magnitude of the harm resulting from means by which the Federal Government ‘‘(3) develop and oversee the implementa- the loss, misuse, or unauthorized access to or shall apply information resources to improve tion of Governmentwide policies, principles, modification of information collected or agency and program performance; standards, and guidelines concerning— maintained by or on behalf of an agency. ‘‘(B) plans for— ‘‘(A) statistical collection procedures and ‘‘(h) With respect to Federal information ‘‘(i) reducing information burdens on the methods; technology, the Director shall— public, including reducing such burdens ‘‘(B) statistical data classification; ‘‘(1) in consultation with the Director of through the elimination of duplication and ‘‘(C) statistical information presentation the National Institute of Standards and meeting shared data needs with shared re- and dissemination; Technology and the Administrator of Gen- sources; ‘‘(D) timely release of statistical data; and eral Services— ‘‘(ii) enhancing public access to and dis- ‘‘(E) such statistical data sources as may ‘‘(A) develop and oversee the implementa- semination of, information, using electronic be required for the administration of Federal tion of policies, principles, standards, and and other formats; and programs; guidelines for information technology func- ‘‘(iii) meeting the information technology ‘‘(4) evaluate statistical program perform- tions and activities of the Federal Govern- needs of the Federal Government in accord- ance and agency compliance with Govern- ment, including periodic evaluations of ance with the purposes of this chapter; and mentwide policies, principles, standards and major information systems; and ‘‘(C) a description of progress in applying guidelines; ‘‘(B) oversee the development and imple- information resources management to im- ‘‘(5) promote the sharing of information mentation of standards under section 111(d) prove agency performance and the accom- collected for statistical purposes consistent of the Federal Property and Administrative plishment of missions. with privacy rights and confidentiality Services Act of 1949 (40 U.S.C. 759(d)); pledges; ‘‘(2) monitor the effectiveness of, and com- ‘‘§ 3506. Federal agency responsibilities ‘‘(6) coordinate the participation of the pliance with, directives issued under sections ‘‘(a)(1) The head of each agency shall be re- United States in international statistical ac- 110 and 111 of the Federal Property and Ad- sponsible for— tivities, including the development of com- ministrative Services Act of 1949 (40 U.S.C. ‘‘(A) carrying out the agency’s information parable statistics; 757 and 759); resources management activities to improve ‘‘(7) appoint a chief statistician who is a ‘‘(3) coordinate the development and re- agency productivity, efficiency, and effec- trained and experienced professional statisti- view by the Office of Information and Regu- tiveness; and cian to carry out the functions described latory Affairs of policy associated with Fed- ‘‘(B) complying with the requirements of under this subsection; eral procurement and acquisition of informa- this chapter and related policies established ‘‘(8) establish an Interagency Council on tion technology with the Office of Federal by the Director. Statistical Policy to advise and assist the Procurement Policy; ‘‘(2)(A) Except as provided under subpara- Director in carrying out the functions under ‘‘(4) ensure, through the review of agency graph (B), the head of each agency shall des- this subsection that shall— budget proposals, information resources ignate a senior official who shall report di- ‘‘(A) be headed by the chief statistician; management plans and other means— rectly to such agency head to carry out the and ‘‘(A) agency integration of information re- responsibilities of the agency under this ‘‘(B) consist of— sources management plans, program plans chapter. S 3558 CONGRESSIONAL RECORD — SENATE March 7, 1995 ‘‘(B) The Secretary of the Department of section (a), that is sufficiently independent fined under section 601(6) of title 5, the use of Defense and the Secretary of each military of program responsibility to evaluate fairly such techniques as— department may each designate senior offi- whether proposed collections of information ‘‘(i) establishing differing compliance or cials who shall report directly to such Sec- should be approved under this chapter, to— reporting requirements or timetables that retary to carry out the responsibilities of the ‘‘(A) review each collection of information take into account the resources available to department under this chapter. If more than before submission to the Director for review those who are to respond; one official is designated, the respective du- under this chapter, including— ‘‘(ii) the clarification, consolidation, or ties of the officials shall be clearly delin- ‘‘(i) an evaluation of the need for the col- simplification of compliance and reporting eated. lection of information; requirements; or ‘‘(3) The senior official designated under ‘‘(ii) a functional description of the infor- ‘‘(iii) an exemption from coverage of the paragraph (2) shall head an office responsible mation to be collected; collection of information, or any part there- for ensuring agency compliance with and ‘‘(iii) a plan for the collection of the infor- of; prompt, efficient, and effective implementa- mation; ‘‘(D) is written using plain, coherent, and tion of the information policies and informa- ‘‘(iv) a specific, objectively supported esti- unambiguous terminology and is understand- tion resources management responsibilities mate of burden; able to those who are to respond; established under this chapter, including the ‘‘(v) a test of the collection of information ‘‘(E) is to be implemented in ways consist- reduction of information collection burdens through a pilot program, if appropriate; and ent and compatible, to the maximum extent on the public. The senior official and em- ‘‘(vi) a plan for the efficient and effective practicable, with the existing reporting and ployees of such office shall be selected with management and use of the information to recordkeeping practices of those who are to special attention to the professional quali- be collected, including necessary resources; respond; fications required to administer the func- ‘‘(B) ensure that each information collec- ‘‘(F) contains the statement required under tions described under this chapter. tion— paragraph (1)(B)(iii); ‘‘(4) Each agency program official shall be ‘‘(i) is inventoried, displays a control num- ‘‘(G) has been developed by an office that responsible and accountable for information ber and, if appropriate, an expiration date; has planned and allocated resources for the resources assigned to and supporting the pro- ‘‘(ii) indicates the collection is in accord- efficient and effective management and use grams under such official. In consultation ance with the clearance requirements of sec- of the information to be collected, including with the senior official designated under tion 3507; and the processing of the information in a man- paragraph (2) and the agency Chief Financial ‘‘(iii) contains a statement to inform the ner which shall enhance, where appropriate, Officer (or comparable official), each agency person receiving the collection of informa- the utility of the information to agencies program official shall define program infor- tion— and the public; mation needs and develop strategies, sys- ‘‘(I) the reasons the information is being ‘‘(H) uses effective and efficient statistical tems, and capabilities to meet those needs. collected; survey methodology appropriate to the pur- ‘‘(b) With respect to general information ‘‘(II) the way such information is to be pose for which the information is to be col- resources management, each agency shall— used; lected; and ‘‘(1) manage information resources to— ‘‘(III) an estimate, to the extent prac- ‘‘(I) to the maximum extent practicable, ‘‘(A) reduce information collection burdens ticable, of the burden of the collection; and uses information technology to reduce bur- on the public; ‘‘(IV) whether responses to the collection den and improve data quality, agency effi- ‘‘(B) increase program efficiency and effec- of information are voluntary, required to ob- ciency and responsiveness to the public. tiveness; and tain a benefit, or mandatory; and ‘‘(d) With respect to information dissemi- ‘‘(C) improve the integrity, quality, and ‘‘(C) assess the information collection bur- nation, each agency shall— utility of information to all users within and den of proposed legislation affecting the ‘‘(1) ensure that the public has timely and outside the agency, including capabilities for agency; equitable access to the agency’s public infor- ensuring dissemination of public informa- ‘‘(2)(A) except as provided under subpara- mation, including ensuring such access tion, public access to government informa- graph (B), provide 60-day notice in the Fed- through— tion, and protections for privacy and secu- eral Register, and otherwise consult with ‘‘(A) encouraging a diversity of public and rity; members of the public and affected agencies private sources for information based on gov- ‘‘(2) in accordance with guidance by the Di- concerning each proposed collection of infor- ernment public information, and rector, develop and maintain a strategic in- mation, to solicit comment to— ‘‘(B) agency dissemination of public infor- formation resources management plan that ‘‘(i) evaluate whether the proposed collec- mation in an efficient, effective, and eco- shall describe how information resources tion of information is necessary for the prop- nomical manner; management activities help accomplish er performance of the functions of the agen- ‘‘(2) regularly solicit and consider public agency missions; cy, including whether the information shall input on the agency’s information dissemi- ‘‘(3) develop and maintain an ongoing proc- have practical utility; nation activities; and ess to— ‘‘(ii) evaluate the accuracy of the agency’s ‘‘(3) not, except where specifically author- ‘‘(A) ensure that information resources estimate of the burden of the proposed col- ized by statute— management operations and decisions are in- lection of information; ‘‘(A) establish an exclusive, restricted, or tegrated with organizational planning, budg- ‘‘(iii) enhance the quality, utility, and other distribution arrangement that inter- et, financial management, human resources clarity of the information to be collected; feres with timely and equitable availability management, and program decisions; and of public information to the public; ‘‘(B) in cooperation with the agency Chief ‘‘(iv) minimize the burden of the collection ‘‘(B) restrict or regulate the use, resale, or Financial Officer (or comparable official), of information on those who are to respond, redissemination of public information by the develop a full and accurate accounting of in- including through the use of automated col- public; formation technology expenditures, related lection techniques or other forms of informa- ‘‘(C) charge fees or royalties for resale or expenses, and results; and tion technology; and redissemination of public information; or ‘‘(C) establish goals for improving informa- ‘‘(B) for any proposed collection of infor- ‘‘(D) establish user fees for public informa- tion resources management’s contribution to mation contained in a proposed rule (to be tion that exceed the cost of dissemination. program productivity, efficiency, and effec- reviewed by the Director under section ‘‘(e) With respect to statistical policy and tiveness, methods for measuring progress to- 3507(d)), provide notice and comment coordination, each agency shall— wards those goals, and clear roles and re- through the notice of proposed rulemaking ‘‘(1) ensure the relevance, accuracy, timeli- sponsibilities for achieving those goals; for the proposed rule and such notice shall ness, integrity, and objectivity of informa- ‘‘(4) in consultation with the Director, the have the same purposes specified under sub- tion collected or created for statistical pur- Administrator of General Services, and the paragraph (A) (i) through (iv); and poses; Archivist of the United States, maintain a ‘‘(3) certify (and provide a record support- ‘‘(2) inform respondents fully and accu- current and complete inventory of the agen- ing such certification, including public com- rately about the sponsors, purposes, and uses cy’s information resources, including direc- ments received by the agency) that each col- of statistical surveys and studies; tories necessary to fulfill the requirements lection of information submitted to the Di- ‘‘(3) protect respondents’ privacy and en- of section 3511 of this chapter; and rector for review under section 3507— sure that disclosure policies fully honor ‘‘(5) in consultation with the Director and ‘‘(A) is necessary for the proper perform- pledges of confidentiality; the Director of the Office of Personnel Man- ance of the functions of the agency, includ- ‘‘(4) observe Federal standards and prac- agement, conduct formal training programs ing that the information has practical util- tices for data collection, analysis, docu- to educate agency program and management ity; mentation, sharing, and dissemination of in- officials about information resources man- ‘‘(B) is not unnecessarily duplicative of in- formation; agement. formation otherwise reasonably accessible to ‘‘(5) ensure the timely publication of the ‘‘(c) With respect to the collection of infor- the agency; results of statistical surveys and studies, in- mation and the control of paperwork, each ‘‘(C) reduces to the extent practicable and cluding information about the quality and agency shall— appropriate the burden on persons who shall limitations of the surveys and studies; and ‘‘(1) establish a process within the office provide information to or for the agency, in- ‘‘(6) make data available to statistical headed by the official designated under sub- cluding with respect to small entities, as de- agencies and readily accessible to the public. March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3559 ‘‘(f) With respect to records management, ‘‘(IV) a description of the likely respond- ‘‘(i) the Director determines that the agen- each agency shall implement and enforce ap- ents and proposed frequency of response to cy has substantially modified in the final plicable policies and procedures, including the collection of information; rule the collection of information contained requirements for archiving information ‘‘(V) an estimate of the burden that shall in the proposed rule; and maintained in electronic format, particu- result from the collection of information; ‘‘(ii) the agency has not given the Director larly in the planning, design and operation of and the information required under paragraph (1) information systems. ‘‘(VI) notice that comments may be sub- with respect to the modified collection of in- ‘‘(g) With respect to privacy and security, mitted to the agency and Director; formation, at least 60 days before the issu- each agency shall— ‘‘(2) the Director has approved the pro- ance of the final rule. ‘‘(1) implement and enforce applicable poli- posed collection of information or approval ‘‘(5) This subsection shall apply only when cies, procedures, standards, and guidelines has been inferred, under the provisions of an agency publishes a notice of proposed on privacy, confidentiality, security, disclo- this section; and rulemaking and requests public comments. sure and sharing of information collected or ‘‘(3) the agency has obtained from the Di- ‘‘(6) The decision by the Director to ap- maintained by or for the agency; rector a control number to be displayed upon prove or not act upon a collection of infor- ‘‘(2) assume responsibility and accountabil- the collection of information. mation contained in an agency rule shall not ity for compliance with and coordinated ‘‘(b) The Director shall provide at least 30 be subject to judicial review. management of sections 552 and 552a of title days for public comment prior to making a ‘‘(e)(1) Any decision by the Director under 5, the Computer Security Act of 1987 (40 decision under subsection (c), (d), or (h), ex- subsection (c), (d), (h), or (j) to disapprove a U.S.C. 759 note), and related information cept as provided under subsection (j). collection of information, or to instruct the management laws; and ‘‘(c)(1) For any proposed collection of in- agency to make substantive or material ‘‘(3) consistent with the Computer Security formation not contained in a proposed rule, change to a collection of information, shall Act of 1987 (40 U.S.C. 759 note), identify and the Director shall notify the agency involved be publicly available and include an expla- afford security protections commensurate of the decision to approve or disapprove the nation of the reasons for such decision. with the risk and magnitude of the harm re- proposed collection of information. ‘‘(2) Any written communication between sulting from the loss, misuse, or unauthor- ‘‘(2) The Director shall provide the notifi- the Office of the Director, the Administrator ized access to or modification of information cation under paragraph (1), within 60 days of the Office of Information and Regulatory collected or maintained by or on behalf of an after receipt or publication of the notice Affairs, or any employee of the Office of In- agency. under subsection (a)(1)(D), whichever is formation and Regulatory Affairs and an ‘‘(h) With respect to Federal information later. agency or person not employed by the Fed- technology, each agency shall— ‘‘(3) If the Director does not notify the eral Government concerning a proposed col- ‘‘(1) implement and enforce applicable Gov- agency of a denial or approval within the 60- lection of information shall be made avail- ernmentwide and agency information tech- day period described under paragraph (2)— nology management policies, principles, ‘‘(A) the approval may be inferred; able to the public. standards, and guidelines; ‘‘(B) a control number shall be assigned ‘‘(3) This subsection shall not require the ‘‘(2) assume responsibility and accountabil- without further delay; and disclosure of— ity for information technology investments; ‘‘(C) the agency may collect the informa- ‘‘(A) any information which is protected at ‘‘(3) promote the use of information tech- tion for not more than 2 years. all times by procedures established for infor- nology by the agency to improve the produc- ‘‘(d)(1) For any proposed collection of in- mation which has been specifically author- tivity, efficiency, and effectiveness of agency formation contained in a proposed rule— ized under criteria established by an Execu- programs, including the reduction of infor- ‘‘(A) as soon as practicable, but no later tive order or an Act of Congress to be kept mation collection burdens on the public and than the date of publication of a notice of secret in the interest of national defense or improved dissemination of public informa- proposed rulemaking in the Federal Reg- foreign policy; or tion; ister, each agency shall forward to the Direc- ‘‘(B) any communication relating to a col- ‘‘(4) propose changes in legislation, regula- tor a copy of any proposed rule which con- lection of information which has not been tions, and agency procedures to improve in- tains a collection of information and any in- approved under this chapter, the disclosure formation technology practices, including formation requested by the Director nec- of which could lead to retaliation or dis- changes that improve the ability of the agen- essary to make the determination required crimination against the communicator. cy to use technology to reduce burden; and under this subsection; and ‘‘(f)(1) An independent regulatory agency ‘‘(5) ensure responsibility for maximizing ‘‘(B) within 60 days after the notice of pro- which is administered by 2 or more members the value and assessing and managing the posed rulemaking is published in the Federal of a commission, board, or similar body, may risks of major information systems initia- Register, the Director may file public com- by majority vote void— tives through a process that is— ments pursuant to the standards set forth in ‘‘(A) any disapproval by the Director, in ‘‘(A) integrated with budget, financial, and section 3508 on the collection of information whole or in part, of a proposed collection of program management decisions; and contained in the proposed rule; information of that agency; or ‘‘(B) used to select, control, and evaluate ‘‘(2) When a final rule is published in the ‘‘(B) an exercise of authority under sub- the results of major information systems ini- Federal Register, the agency shall explain— section (d) of section 3507 concerning that tiatives. ‘‘(A) how any collection of information agency. ‘‘§ 3507. Public information collection activi- contained in the final rule responds to the ‘‘(2) The agency shall certify each vote to ties; submission to Director; approval and comments, if any, filed by the Director or void such disapproval or exercise to the Di- delegation the public; or rector, and explain the reasons for such vote. ‘‘(a) An agency shall not conduct or spon- ‘‘(B) the reasons such comments were re- The Director shall without further delay as- sor the collection of information unless in jected. sign a control number to such collection of advance of the adoption or revision of the ‘‘(3) If the Director has received notice and information, and such vote to void the dis- collection of information— failed to comment on an agency rule within approval or exercise shall be valid for a pe- ‘‘(1) the agency has— 60 days after the notice of proposed rule- riod of 3 years. ‘‘(A) conducted the review established making, the Director may not disapprove ‘‘(g) The Director may not approve a col- under section 3506(c)(1); any collection of information specifically lection of information for a period in excess ‘‘(B) evaluated the public comments re- contained in an agency rule. of 3 years. ceived under section 3506(c)(2); ‘‘(4) No provision in this section shall be ‘‘(h)(1) If an agency decides to seek exten- ‘‘(C) submitted to the Director the certifi- construed to prevent the Director, in the Di- sion of the Director’s approval granted for a cation required under section 3506(c)(3), the rector’s discretion— currently approved collection of informa- proposed collection of information, copies of ‘‘(A) from disapproving any collection of tion, the agency shall— pertinent statutory authority, regulations, information which was not specifically re- ‘‘(A) conduct the review established under and other related materials as the Director quired by an agency rule; section 3506(c), including the seeking of com- may specify; and ‘‘(B) from disapproving any collection of ment from the public on the continued need ‘‘(D) published a notice in the Federal Reg- information contained in an agency rule, if for, and burden imposed by the collection of ister— the agency failed to comply with the require- information; and ‘‘(i) stating that the agency has made such ments of paragraph (1) of this subsection; ‘‘(B) after having made a reasonable effort submission; and ‘‘(C) from disapproving any collection of to seek public comment, but no later than 60 ‘‘(ii) setting forth— information contained in a final agency rule, days before the expiration date of the con- ‘‘(I) a title for the collection of informa- if the Director finds within 60 days after the trol number assigned by the Director for the tion; publication of the final rule that the agen- currently approved collection of informa- ‘‘(II) a summary of the collection of infor- cy’s response to the Director’s comments tion, submit the collection of information mation; filed under paragraph (2) of this subsection for review and approval under this section, ‘‘(III) a brief description of the need for the was unreasonable; or which shall include an explanation of how information and the proposed use of the in- ‘‘(D) from disapproving any collection of the agency has used the information that it formation; information contained in a final rule, if— has collected. S 3560 CONGRESSIONAL RECORD — SENATE March 7, 1995 ‘‘(2) If under the provisions of this section, tical utility. Before making a determination ‘‘(5) ensure the security and integrity of the Director disapproves a collection of in- the Director may give the agency and other the Service, including measures to ensure formation contained in an existing rule, or interested persons an opportunity to be that only information which is intended to recommends or instructs the agency to make heard or to submit statements in writing. To be disclosed to the public is disclosed a substantive or material change to a collec- the extent that the Director determines that through the Service; and tion of information contained in an existing the collection of information by an agency is ‘‘(6) periodically review the development rule, the Director shall— unnecessary for the proper performance of and effectiveness of the Service and make ‘‘(A) publish an explanation thereof in the the functions of the agency, for any reason, recommendations for improvement, includ- Federal Register; and the agency may not engage in the collection ing other mechanisms for improving public ‘‘(B) instruct the agency to undertake a of information. access to Federal agency public information. rulemaking within a reasonable time limited ‘‘§ 3509. Designation of central collection ‘‘(b) This section shall not apply to oper- to consideration of changes to the collection agency ational files as defined by the Central Intel- of information contained in the rule and ‘‘The Director may designate a central col- ligence Agency Information Act (50 U.S.C. thereafter to submit the collection of infor- lection agency to obtain information for two 431 et seq.). mation for approval or disapproval under or more agencies if the Director determines this chapter. that the needs of such agencies for informa- ‘‘§ 3512. Public protection ‘‘(3) An agency may not make a sub- tion will be adequately served by a single ‘‘Notwithstanding any other provision of stantive or material modification to a col- collection agency, and such sharing of data law, no person shall be subject to any pen- lection of information after such collection is not inconsistent with applicable law. In alty for failing to maintain, provide, or dis- has been approved by the Director, unless such cases the Director shall prescribe (with the modification has been submitted to the close information to or for any agency or reference to the collection of information) person if the collection of information sub- Director for review and approval under this the duties and functions of the collection chapter. ject to this chapter— agency so designated and of the agencies for ‘‘(1) does not display a valid control num- ‘‘(i)(1) If the Director finds that a senior of- which it is to act as agent (including reim- ficial of an agency designated under section ber assigned by the Director; or bursement for costs). While the designation ‘‘(2) fails to state that the person who is to 3506(a) is sufficiently independent of program is in effect, an agency covered by the des- responsibility to evaluate fairly whether pro- respond to the collection of information is ignation may not obtain for itself informa- not required to comply unless such collec- posed collections of information should be tion for the agency which is the duty of the tion displays a valid control number. approved and has sufficient resources to collection agency to obtain. The Director carry out this responsibility effectively, the may modify the designation from time to Director may, by rule in accordance with the ‘‘§ 3513. Director review of agency activities; time as circumstances require. The author- reporting; agency response notice and comment provisions of chapter 5 ity to designate under this section is subject ‘‘(a) In consultation with the Adminis- of title 5, United States Code, delegate to to the provisions of section 3507(f) of this trator of General Services, the Archivist of such official the authority to approve pro- chapter. posed collections of information in specific the United States, the Director of the Na- program areas, for specific purposes, or for ‘‘§ 3510. Cooperation of agencies in making in- tional Institute of Standards and Tech- all agency purposes. formation available nology, and the Director of the Office of Per- ‘‘(2) A delegation by the Director under ‘‘(a) The Director may direct an agency to sonnel Management, the Director shall peri- this section shall not preclude the Director make available to another agency, or an odically review selected agency information from reviewing individual collections of in- agency may make available to another agen- resources management activities to ascer- formation if the Director determines that cy, information obtained by a collection of tain the efficiency and effectiveness of such circumstances warrant such a review. The information if the disclosure is not incon- activities to improve agency performance Director shall retain authority to revoke sistent with applicable law. and the accomplishment of agency missions. ‘‘(b)(1) If information obtained by an agen- such delegations, both in general and with ‘‘(b) Each agency having an activity re- cy is released by that agency to another regard to any specific matter. In acting for viewed under subsection (a) shall, within 60 agency, all the provisions of law (including the Director, any official to whom approval days after receipt of a report on the review, penalties which relate to the unlawful dis- authority has been delegated under this sec- provide a written plan to the Director de- tion shall comply fully with the rules and closure of information) apply to the officers scribing steps (including milestones) to— regulations promulgated by the Director. and employees of the agency to which infor- ‘‘(1) be taken to address information re- ‘‘(j)(1) The agency head may request the mation is released to the same extent and in sources management problems identified in Director to authorize a collection of infor- the same manner as the provisions apply to mation, if an agency head determines that— the officers and employees of the agency the report; and ‘‘(A) a collection of information— which originally obtained the information. ‘‘(2) improve agency performance and the ‘‘(i) is needed prior to the expiration of ‘‘(2) The officers and employees of the accomplishment of agency missions. agency to which the information is released, time periods established under this chapter; ‘‘§ 3514. Responsiveness to Congress and in addition, shall be subject to the same pro- ‘‘(ii) is essential to the mission of the agen- visions of law, including penalties, relating ‘‘(a)(1) The Director shall— cy; and to the unlawful disclosure of information as ‘‘(A) keep the Congress and congressional ‘‘(B) the agency cannot reasonably comply if the information had been collected di- committees fully and currently informed of with the provisions of this chapter because— rectly by that agency. the major activities under this chapter; and ‘‘(i) public harm is reasonably likely to re- ‘‘§ 3511. Establishment and operation of Gov- ‘‘(B) submit a report on such activities to sult if normal clearance procedures are fol- ernment Information Locator Service the President of the Senate and the Speaker of the House of Representatives annually and lowed; ‘‘(a) In order to assist agencies and the at such other times as the Director deter- ‘‘(ii) an unanticipated event has occurred; public in locating information and to pro- mines necessary. or mote information sharing and equitable ac- ‘‘(iii) the use of normal clearance proce- cess by the public, the Director shall— ‘‘(2) The Director shall include in any such dures is reasonably likely to prevent or dis- ‘‘(1) cause to be established and maintained report a description of the extent to which rupt the collection of information or is rea- a distributed agency-based electronic Gov- agencies have— sonably likely to cause a statutory or court ernment Information Locator Service (here- ‘‘(A) reduced information collection bur- ordered deadline to be missed. after in this section referred to as the ‘Serv- dens on the public, including— ‘‘(2) The Director shall approve or dis- ice’), which shall identify the major informa- ‘‘(i) a summary of accomplishments and approve any such authorization request tion systems, holdings, and dissemination planned initiatives to reduce collection of in- within the time requested by the agency products of each agency; formation burdens; head and, if approved, shall assign the collec- ‘‘(2) require each agency to establish and ‘‘(ii) a list of all violations of this chapter tion of information a control number. Any maintain an agency information locator and of any rules, guidelines, policies, and collection of information conducted under service as a component of, and to support the procedures issued pursuant to this chapter; this subsection may be conducted without establishment and operation of the Service; and compliance with the provisions of this chap- ‘‘(3) in cooperation with the Archivist of ‘‘(iii) a list of any increase in the collec- ter for a maximum of 90 days after the date the United States, the Administrator of Gen- tion of information burden, including the au- on which the Director received the request eral Services, the Public Printer, and the Li- thority for each such collection; to authorize such collection. brarian of Congress, establish an interagency ‘‘(B) improved the quality and utility of ‘‘§ 3508. Determination of necessity for infor- committee to advise the Secretary of Com- statistical information; mation; hearing merce on the development of technical ‘‘(C) improved public access to Government ‘‘Before approving a proposed collection of standards for the Service to ensure compat- information; and information, the Director shall determine ibility, promote information sharing, and ‘‘(D) improved program performance and whether the collection of information by the uniform access by the public; the accomplishment of agency missions agency is necessary for the proper perform- ‘‘(4) consider public access and other user through information resources management. ance of the functions of the agency, includ- needs in the establishment and operation of ‘‘(b) The preparation of any report required ing whether the information shall have prac- the Service; by this section shall be based on performance March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3561 results reported by the agencies and shall extent provided in subparagraph (C) of para- (2) VOLUNTARY PARTICIPATION BY CERTAIN not increase the collection of information graph (1)) undertaken with reference to a BUSINESS CONCERNS.— burden on persons outside the Federal Gov- category of individuals or entities such as a (A) A business concern may decline to par- ernment. class of licensees or an entire industry. ticipate in the survey, if the firm has— ‘‘§ 3515. Administrative powers ‘‘(d) Nothing in this chapter shall be inter- (i) participated in the survey during the ‘‘Upon the request of the Director, each preted as increasing or decreasing the au- period of the demonstration program de- agency (other than an independent regu- thority conferred by Public Law 89–306 on scribed under subsection (c) or has partici- latory agency) shall, to the extent prac- the Administrator of the General Services pated in the survey during any of the 24 cal- ticable, make its services, personnel, and fa- Administration, the Secretary of Commerce, endar quarters previous to such period; and cilities available to the Director for the per- or the Director of the Office of Management (ii) assets of $50,000,000 or less at the time formance of functions under this chapter. and Budget. of being selected to participate in the survey ‘‘(e) Nothing in this chapter shall be inter- for a subsequent time. ‘‘§ 3516. Rules and regulations preted as increasing or decreasing the au- (B) A business concern may decline to par- ‘‘The Director shall promulgate rules, reg- thority of the President, the Office of Man- ticipate in the survey, if the firm— ulations, or procedures necessary to exercise agement and Budget or the Director thereof, (i) has assets of greater than $50,000,000 but the authority provided by this chapter. under the laws of the United States, with re- less than $100,000,000 at the time of selection; ‘‘§ 3517. Consultation with other agencies and spect to the substantive policies and pro- the public grams of departments, agencies and offices, and including the substantive authority of any (ii) participated in the survey during the 8 ‘‘(a) In developing information resources calendar quarters immediately preceding the management policies, plans, rules, regula- Federal agency to enforce the civil rights firm’s selection to participate in the survey tions, procedures, and guidelines and in re- laws. for an additional 8 calendar quarters. viewing collections of information, the Di- ‘‘§ 3519. Access to information (3) EXPANDED USE OF SAMPLING TECH- rector shall provide interested agencies and ‘‘Under the conditions and procedures pre- NIQUES.—The Bureau of the Census shall use persons early and meaningful opportunity to scribed in section 716 of title 31, the Director statistical sampling techniques to select comment. and personnel in the Office of Information firms having assets of $100,000,000 or less to ‘‘(b) Any person may request the Director and Regulatory Affairs shall furnish such in- participate in the survey. to review any collection of information con- formation as the Comptroller General may ducted by or for an agency to determine, if, require for the discharge of the responsibil- (4) ADDITIONAL BURDEN REDUCTION TECH- under this chapter, a person shall maintain, ities of the Comptroller General. For the NIQUES.—The Director of the Bureau of the provide, or disclose the information to or for purpose of obtaining such information, the Budget may undertake such additional pa- the agency. Unless the request is frivolous, Comptroller General or representatives perwork burden reduction initiatives with the Director shall, in coordination with the thereof shall have access to all books, docu- respect to the conduct of the survey as may agency responsible for the collection of in- ments, papers and records, regardless of form be deemed appropriate by such officer. formation— or format, of the Office. (c) DURATION OF THE DEMONSTRATION PRO- ‘‘(1) respond to the request within 60 days GRAM.—The demonstration program required ‘‘§ 3520. Authorization of appropriations after receiving the request, unless such pe- by subsection (a) shall commence on October riod is extended by the Director to a speci- ‘‘(a) Subject to subsection (b), there are au- 1, 1995, and terminate on the later of— fied date and the person making the request thorized to be appropriated to the Office of (1) September 30, 1998; or is given notice of such extension; and Information and Regulatory Affairs to carry (2) the date in the Act of Congress provid- ‘‘(2) take appropriate remedial action, if out the provisions of this chapter, and for no ing for authorization of appropriations for necessary. other purpose, $8,000,000 for each of the fiscal section 91 of title 13, United States Code, years 1996, 1997, 1998, 1999, and 2000. ‘‘§ 3518. Effect on existing laws and regula- first enacted following the date of the enact- ‘‘(b)(1) No funds may be appropriated pur- tions ment of this Act, that is September 30, of the suant to subsection (a) unless such funds are last fiscal year providing such an authoriza- ‘‘(a) Except as otherwise provided in this appropriated in an appropriation Act (or con- tion under such Act of Congress. chapter, the authority of an agency under tinuing resolution) which separately and ex- (d) DEFINITIONS.—For purposes of this sec- any other law to prescribe policies, rules, pressly states the amount appropriated pur- tion: regulations, and procedures for Federal in- suant to subsection (a) of this section. (1) The term ‘‘burden’’ shall have the formation resources management activities ‘‘(2) No funds are authorized to be appro- meaning given that term by section 3502(2) of is subject to the authority of the Director priated to the Office of Information and Reg- title 44, United States Code. under this chapter. ulatory Affairs, or to any other officer or ad- (2) The term ‘‘collection of information’’ ‘‘(b) Nothing in this chapter shall be ministrative unit of the Office of Manage- deemed to affect or reduce the authority of ment and Budget, to carry out the provisions shall have the meaning given that term by the Secretary of Commerce or the Director of this chapter, or to carry out any function section 3502(3) of title 44, United States Code. of the Office of Management and Budget pur- under this chapter, for any fiscal year pursu- (3) The term ‘‘small business concern’’ suant to Reorganization Plan No. 1 of 1977 ant to any provision of law other than sub- means a business concern that meets the re- (as amended) and Executive order, relating section (a) of this section.’’. quirements of section 3(a) of the Small Busi- to telecommunications and information pol- ness Act (15 U.S.C. 632(a)) and the regula- SEC. 103. PAPERWORK BURDEN REDUCTION INI- icy, procurement and management of tele- TIATIVE REGARDING THE QUAR- tions promulgated pursuant thereto. communications and information systems, TERLY FINANCIAL REPORT PRO- (4) The term ‘‘survey’’ means the collec- spectrum use, and related matters. GRAM AT THE BUREAU OF THE CEN- tion of information by the Bureau of the ‘‘(c)(1) Except as provided in paragraph (2), SUS. Census at the Department of Commerce pur- this chapter shall not apply to the collection (a) PAPERWORK BURDEN REDUCTION INITIA- suant to section 91 of title 13, United States of information— TIVE REQUIRED.—As described in subsection Code, for the purpose of preparing the publi- ‘‘(A) during the conduct of a Federal crimi- (b), the Bureau of the Census within the De- cation entitled ‘‘Quarterly Financial Report nal investigation or prosecution, or during partment of Commerce shall undertake a for Manufacturing, Mining, and Trade Cor- the disposition of a particular criminal mat- demonstration program to reduce the burden porations’’. ter; imposed on firms, especially small busi- ‘‘(B) during the conduct of— nesses, required to participate in the survey SEC. 104. OREGON OPTION PROPOSAL. ‘‘(i) a civil action to which the United used to prepare the publication entitled (a) FINDINGS.—The Senate finds that— States or any official or agency thereof is a ‘‘Quarterly Financial Report for Manufactur- (1) Federal, State and local governments party; or ing, Mining, and Trade Corporations’’. are dealing with increasingly complex prob- ‘‘(ii) an administrative action or investiga- (b) BURDEN REDUCTION INITIATIVES TO BE lems which require the delivery of many tion involving an agency against specific in- INCLUDED IN THE DEMONSTRATION PROGRAM.— kinds of social services at all levels of gov- dividuals or entities; The demonstration program required by sub- ernment; ‘‘(C) by compulsory process pursuant to section (a) shall include the following paper- (2) historically, Federal programs have ad- the Antitrust Civil Process Act and section work burden reduction initiatives: dressed the Nation’s problems by providing 13 of the Federal Trade Commission Im- (1) FURNISHING ASSISTANCE TO SMALL BUSI- categorical assistance with detailed require- provements Act of 1980; or NESS CONCERNS.— ments relating to the use of funds which are ‘‘(D) during the conduct of intelligence ac- (A) The Bureau of the Census shall furnish often delivered by State and local govern- tivities as defined in section 3.4(e) of Execu- advice and similar assistance to ease the ments; tive Order No. 12333, issued December 4, 1981, burden of a small business concern which is (3) although the current approach is one or successor orders, or during the conduct of attempting to compile and furnish the busi- method of service delivery, a number of cryptologic activities that are communica- ness information required of firms partici- problems exist in the current intergovern- tions security activities. pating in the survey. mental structure that impede effective deliv- ‘‘(2) This chapter applies to the collection (B) To facilitate the provision of the assist- ery of vital services by State and local gov- of information during the conduct of general ance described in subparagraph (A), a toll- ernments; investigations (other than information col- free telephone number shall be established (4) it is more important than ever to pro- lected in an antitrust investigation to the by the Bureau of the Census. vide programs that respond flexibly to the S 3562 CONGRESSIONAL RECORD — SENATE March 7, 1995

needs of the Nation’s States and commu- SEC. 202. TABLE OF CONTENTS. CHAPTER 11—LEGAL SERVICES CORPORATION nities, reduce the barriers between programs The table of contents for this title is as fol- Sec. 2111. Reports modified. that impede Federal, State and local govern- lows: CHAPTER 12—NATIONAL AERONAUTICS AND ments’ ability to effectively deliver services, Sec. 201. Short title. SPACE ADMINISTRATION encourage the Nation’s Federal, State and Sec. 202. Table of contents. local governments to be innovative in creat- SUBTITLE I—DEPARTMENTS Sec. 2121. Reports eliminated. ing programs that meet the unique needs of CHAPTER 1—DEPARTMENT OF AGRICULTURE CHAPTER 13—NATIONAL COUNCIL ON the people in their communities while con- DISABILITY tinuing to address national goals, and im- Sec. 1011. Reports eliminated. prove the accountability of all levels of gov- Sec. 1012. Reports modified. Sec. 2131. Reports eliminated. ernment by better measuring government CHAPTER 2—DEPARTMENT OF COMMERCE CHAPTER 14—NATIONAL SCIENCE FOUNDATION performance and better meeting the needs of Sec. 1021. Reports eliminated. Sec. 2141. Reports eliminated. service recipients; Sec. 1022. Reports modified. CHAPTER 15—NATIONAL TRANSPORTATION (5) the State and local governments of Or- CHAPTER 3—DEPARTMENT OF DEFENSE SAFETY BOARD egon have begun a pilot project, called the Sec. 1031. Reports eliminated. Oregon Option, that will utilize strategic Sec. 2151. Reports modified. CHAPTER 4—DEPARTMENT OF EDUCATION planning and performance-based manage- Sec. 1041. Reports eliminated. CHAPTER 16—NEIGHBORHOOD REINVESTMENT ment that may provide new models for inter- CORPORATION governmental social service delivery; Sec. 1042. Reports modified. (6) the Oregon Option is a prototype of a CHAPTER 5—DEPARTMENT OF ENERGY Sec. 2161. Reports eliminated. new intergovernmental relations system, Sec. 1051. Reports eliminated. CHAPTER 17—NUCLEAR REGULATORY and it has the potential to completely trans- Sec. 1052. Reports modified. COMMISSION form the relationships among Federal, State CHAPTER 6—DEPARTMENT OF HEALTH AND Sec. 2171. Reports modified. and local governments by creating a system HUMAN SERVICES of intergovernmental service delivery and CHAPTER 18—OFFICE OF PERSONNEL Sec. 1061. Reports eliminated. MANAGEMENT funding that is based on measurable perform- Sec. 1062. Reports modified. ance, customer satisfaction, prevention, Sec. 2181. Reports eliminated. CHAPTER 7—DEPARTMENT OF HOUSING AND flexibility, and service integration; and Sec. 2182. Reports modified. URBAN DEVELOPMENT (7) the Oregon Option has the potential to CHAPTER 19—OFFICE OF THRIFT SUPERVISION dramatically improve the quality of Federal, Sec. 1071. Reports eliminated. State and local services to Oregonians. Sec. 1072. Reports modified. Sec. 2191. Reports modified. (b) SENSE OF THE SENATE.—It is the sense CHAPTER 8—DEPARTMENT OF THE INTERIOR CHAPTER 20—PANAMA CANAL COMMISSION of the Senate that the Oregon Option project Sec. 1081. Reports eliminated. Sec. 2201. Reports eliminated. has the potential to improve intergovern- Sec. 1082. Reports modified. CHAPTER 21—POSTAL SERVICE mental service delivery by shifting account- CHAPTER 9—DEPARTMENT OF JUSTICE ability from compliance to performance re- Sec. 1091. Reports eliminated. Sec. 2211. Reports modified. sults and that the Federal Government CHAPTER 10—DEPARTMENT OF LABOR CHAPTER 22—RAILROAD RETIREMENT BOARD should continue in its partnership with the State and local governments of Oregon to Sec. 1101. Reports eliminated. Sec. 2221. Reports modified. fully implement the Oregon Option. Sec. 1102. Reports modified. CHAPTER 23—THRIFT DEPOSITOR PROTECTION CHAPTER 11—DEPARTMENT OF STATE OVERSIGHT BOARD SEC. 105. TERMINATION OF REPORTING RE- QUIREMENTS. Sec. 1111. Reports eliminated. Sec. 2231. Reports modified. (a) TERMINATION.— CHAPTER 12—DEPARTMENT OF CHAPTER 24—UNITED STATES INFORMATION (1) IN GENERAL.—Subject to the provisions TRANSPORTATION AGENCY of paragraph (2), each provision of law re- Sec. 1121. Reports eliminated. Sec. 2241. Reports eliminated. quiring the submittal to Congress (or any Sec. 1122. Reports modified. SUBTITLE III—REPORTS BY ALL DEPARTMENTS committee of the Congress) of any annual, CHAPTER 13—DEPARTMENT OF THE TREASURY AND AGENCIES semiannual or other regular periodic reports Sec. 1131. Reports eliminated. specified on the list described under sub- Sec. 1132. Reports modified. Sec. 3001. Reports eliminated. section (c) shall cease to be effective, with CHAPTER 14—DEPARTMENT OF VETERANS Sec. 3002. Reports modified. respect to that requirement, 5 years after AFFAIRS SUBTITLE IV—EFFECTIVE DATE the date of the enactment of this Act. (2) EXCEPTION.—The provisions of para- Sec. 1141. Reports eliminated. Sec. 4001. Effective date. graph (1) shall not apply to any report re- SUBTITLE II—INDEPENDENT AGENCIES Subtitle I—Departments quired under— CHAPTER 1—ACTION CHAPTER 1—DEPARTMENT OF (A) the Inspector General Act of 1978 (5 Sec. 2011. Reports eliminated. AGRICULTURE U.S.C. App.; Public Law 95–452); or CHAPTER 2—ENVIRONMENTAL PROTECTION (B) the Chief Financial Officers Act of 1990 SEC. 1011. REPORTS ELIMINATED. AGENCY (Public Law 101–576). (a) REPORT ON MONITORING AND EVALUA- (b) IDENTIFICATION OF WASTEFUL RE- Sec. 2021. Reports eliminated. TION.—Section 1246 of the Food Security Act PORTS.—The President shall include in the CHAPTER 3—EQUAL EMPLOYMENT of 1985 (16 U.S.C. 3846) is repealed. first annual budget submitted pursuant to OPPORTUNITY COMMISSION (b) REPORT ON RETURN ON ASSETS.—Section section 1105 of title 31, United States Code, Sec. 2031. Reports modified. 2512 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 1421b) is after the date of enactment of this Act a list CHAPTER 4—FEDERAL AVIATION amended— of reports that the President has determined ADMINISTRATION are unnecessary or wasteful and the reasons (1) in subsection (a), by striking ‘‘(a) IM- Sec. 2041. Reports eliminated. for such determination. PROVING’’ and all that follows through (c) LIST OF REPORTS.—The list referred to CHAPTER 5—FEDERAL COMMUNICATIONS ‘‘FORECASTS.—’’; and under subsection (a) includes only the an- COMMISSION (2) by striking subsection (b). nual, semiannual, or other regular periodic Sec. 2051. Reports eliminated. (c) REPORT ON FARM VALUE OF AGRICUL- reports on the list prepared by the Clerk of CHAPTER 6—FEDERAL DEPOSIT INSURANCE TURAL PRODUCTS.—Section 2513 of the Food, the House of Representatives for the first CORPORATION Agriculture, Conservation, and Trade Act of session of the One Hundred Third Congress Sec. 2061. Reports eliminated. 1990 (7 U.S.C. 1421c) is repealed. under Clause 2 of Rule III of the Rules of the (d) REPORT ON ORIGIN OF EXPORTS OF PEA- CHAPTER 7—FEDERAL EMERGENCY House of Representatives. NUTS.—Section 1558 of the Food, Agriculture, MANAGEMENT AGENCY Conservation, and Trade Act of 1990 (7 U.S.C. SEC. 106. EFFECTIVE DATE. Sec. 2071. Reports eliminated. 958) is repealed. The provisions of this title and the amend- CHAPTER 8—FEDERAL RETIREMENT THRIFT (e) REPORT ON REPORTING OF IMPORTING ments made by this title shall take effect on INVESTMENT BOARD FEES.—Section 407 of the Agricultural Trade June 30, 1995. Sec. 2081. Reports eliminated. Development and Assistance Act of 1954 (7 U.S.C. 1736a) is amended— TITLE II—FEDERAL REPORT CHAPTER 9—GENERAL SERVICES (1) by striking subsection (b); and ELIMINATION AND MODIFICATION ADMINISTRATION (2) by redesignating subsections (c) SEC. 201. SHORT TITLE. Sec. 2091. Reports eliminated. through (h) as subsections (b) through (g), This title may be cited as the ‘‘Federal Re- CHAPTER 10—INTERSTATE COMMERCE respectively. port Elimination and Modification Act of COMMISSION (f) REPORT ON AGRICULTURAL INFORMATION 1995’’. Sec. 2101. Reports eliminated. EXCHANGE WITH IRELAND.—Section 1420 of March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3563 the Food Security Act of 1985 (Public Law (2) by redesignating paragraph (3) as para- tension, and Teaching Policy Act of 1977 (7 99–198; 99 Stat. 1551) is amended— graph (2). U.S.C. 3122(f)(1)) is amended— (1) in subsection (a), by striking ‘‘(a)’’; and (w) REPORT ON ECONOMIC IMPACT OF ANIMAL (1) in the paragraph heading, by striking (2) by striking subsection (b). DAMAGE ON AQUACULTURE INDUSTRY.—Sec- ‘‘ANNUAL REPORT’’ and inserting ‘‘REPORT’’; (g) REPORT ON POTATO INSPECTION.—Sec- tion 1475(e) of the National Agricultural Re- and tion 1704 of the Food Security Act of 1985 search, Extension, and Teaching Policy Act (2) by striking ‘‘Not later than June 30 of (Public Law 99–198; 7 U.S.C. 499n note) is of 1977 (7 U.S.C. 3322(e)) is amended— each year’’ and inserting ‘‘At such times as amended by striking the second sentence. (1) in paragraph (1), by striking ‘‘(1)’’; and the Joint Council determines appropriate’’. (h) REPORT ON TRANSPORTATION OF FER- (2) by striking paragraph (2). (g) 5-YEAR PLAN FOR FOOD AND AGRICUL- TILIZER AND AGRICULTURAL CHEMICALS.—Sec- (x) REPORT ON AWARDS MADE BY THE NA- TURAL SCIENCES.—Section 1407(f)(2) of the tion 2517 of the Food, Agriculture, Conserva- TIONAL RESEARCH INITIATIVE AND SPECIAL National Agricultural Research, Extension, tion, and Trade Act of 1990 (Public Law 101– GRANTS.—Section 2 of the Act of August 4, and Teaching Policy Act of 1977 (7 U.S.C. 624; 104 Stat. 4077) is repealed. 1965 (7 U.S.C. 450i), is amended— 3122(f)(2)) is amended by striking the second (i) REPORT ON UNIFORM END-USE VALUE (1) by striking subsection (l); and sentence. TESTS.—Section 307 of the Futures Trading (2) by redesignating subsection (m) as sub- (h) REPORT ON EXAMINATION OF FEDERALLY Act of 1986 (Public Law 99–641; 7 U.S.C. 76 section (l). SUPPORTED AGRICULTURAL RESEARCH AND EX- note) is amended by striking subsection (c). (y) REPORT ON PAYMENTS MADE UNDER RE- TENSION PROGRAMS.—Section 1408(g)(1) of the (j) REPORT ON PROJECT AREAS WITH HIGH SEARCH FACILITIES ACT.—Section 8 of the Re- National Agricultural Research, Extension, FOOD STAMP PAYMENT ERROR RATES.—Sec- search Facilities Act (7 U.S.C. 390i) is re- and Teaching Policy Act of 1977 (7 U.S.C. tion 16(i) of the Food Stamp Act of 1977 (7 pealed. 3123(g)(1)) is amended by inserting ‘‘may pro- U.S.C. 2025(i)) is amended by striking para- (z) REPORT ON FINANCIAL AUDIT REVIEWS OF vide’’ before ‘‘a written report’’. graph (3). STATES WITH HIGH FOOD STAMP PARTICIPA- (i) REPORT ON EFFECTS OF FOREIGN OWNER- (k) REPORT ON EFFECT OF EFAP DISPLACE- TION.—The first sentence of section 11(l) of SHIP OF AGRICULTURAL LAND.—Section 5(b) of MENT ON COMMERCIAL SALES.—Section the Food Stamp Act of 1977 (7 U.S.C. 2020(l)) the Agricultural Foreign Investment Disclo- 203C(a) of the Emergency Food Assistance is amended by striking ‘‘, and shall, upon sure Act of 1978 (7 U.S.C. 3504(b)) is amended Act of 1983 (7 U.S.C. 612c note) is amended by completion of the audit, provide a report to to read as follows: striking the last sentence. Congress of its findings and recommenda- ‘‘(b) An analysis and determination shall (l) REPORT ON WIC EXPENDITURES AND PAR- tions within one hundred and eighty days’’. be made, and a report on the Secretary’s TICIPATION LEVELS.—Section 17(m) of the (aa) REPORT ON RURAL TELEPHONE BANK.— findings and conclusions regarding such Child Nutrition Act of 1966 (42 U.S.C. 1786(m)) Section 408(b)(3) of the Rural Electrification analysis and determination under subsection is amended— Act of 1936 (7 U.S.C. 948(b)(3)) is amended by (a) shall be transmitted within 90 days after (1) by striking paragraphs (8) and (9); and striking out subparagraph (I) and redesignat- the end of— (2) by redesignating paragraphs (10) and ing subparagraph (J) as subparagraph (I). ‘‘(1) the calendar year in which the Federal (11) as paragraphs (8) and (9), respectively. Report Elimination and Modification Act of SEC. 1012. REPORTS MODIFIED. 1995 is enacted; and (m) REPORT ON WIC MIGRANT SERVICES.— (a) REPORT ON ANIMAL WELFARE ENFORCE- Section 17 of the Child Nutrition Act of 1966 ‘‘(2) the calendar year which occurs every MENT.—The first sentence of section 25 of the ten years thereafter.’’. (42 U.S.C. 1786) is amended by striking sub- Animal Welfare Act (7 U.S.C. 2155) is amend- section (j). ed— CHAPTER 2—DEPARTMENT OF (n) REPORT ON DEMONSTRATIONS INVOLVING (1) by striking ‘‘and’’ at the end of para- COMMERCE INNOVATIVE HOUSING UNITS.—Section 506(b) graph (3); SEC. 1021. REPORTS ELIMINATED. of the Housing Act of 1949 (42 U.S.C. 1476(b)) (2) by striking the period at the end of (a) REPORT ON VOTING REGISTRATION.—Sec- is amended by striking the last sentence. paragraph (4) and inserting ‘‘; and’’; and tion 207 of the Voting Rights Act of 1965 (42 (o) REPORT ON ANNUAL UPWARD MOBILITY (3) by adding at the end the following new U.S.C. 1973aa–5) is repealed. PROGRAM ACTIVITY.—Section 2(a)(6)(A) of the paragraph: (b) REPORT ON ESTIMATE OF SPECIAL AGRI- Act of June 20, 1936 (20 U.S.C. 107a(a)(6)(A)), ‘‘(5) the information and recommendations CULTURAL WORKERS.—Section 210A(b)(3) of is amended by striking ‘‘including upward described in section 11 of the Horse Protec- the Immigration and Nationality Act (8 mobility’’ and inserting ‘‘excluding upward tion Act of 1970 (15 U.S.C. 1830).’’. U.S.C. 1161(b)(3)) is repealed. mobility’’. (b) REPORT ON HORSE PROTECTION ENFORCE- (c) REPORT ON LONG RANGE PLAN FOR PUB- (p) REPORT ON LAND EXCHANGES IN COLUM- MENT.—Section 11 of the Horse Protection LIC BROADCASTING.—Section 393A(b) of the BIA RIVER GORGE NATIONAL SCENIC AREA.— Act of 1970 (15 U.S.C. 1830) is amended by Communications Act of 1934 (47 U.S.C. Section 9(d)(3) of the Columbia River Gorge striking ‘‘On or before the expiration of thir- 393a(b)) is repealed. National Scenic Area Act (16 U.S.C. ty calendar months following the date of en- (d) REPORT ON STATUS, ACTIVITIES, AND EF- 544g(d)(3)) is amended by striking the second actment of this Act, and every twelve cal- FECTIVENESS OF UNITED STATES COMMERCIAL sentence. endar months thereafter, the Secretary shall CENTERS IN ASIA, LATIN AMERICA, AND AFRICA (q) REPORT ON INCOME AND EXPENDITURES submit to the Congress a report upon’’ and AND PROGRAM RECOMMENDATIONS.—Section OF CERTAIN LAND ACQUISITIONS.—Section 2(e) inserting the following: ‘‘As part of the re- 401(j) of the Jobs Through Exports Act of 1992 of Public Law 96–586 (94 Stat. 3382) is amend- port submitted by the Secretary under sec- (15 U.S.C. 4723a(j)) is repealed. ed by striking the second sentence. tion 25 of the Animal Welfare Act (7 U.S.C. (e) REPORT ON KUWAIT RECONSTRUCTION (r) REPORT ON SPECIAL AREA DESIGNA- 2155), the Secretary shall include informa- CONTRACTS.—Section 606(f) of the Persian TIONS.—Section 1506 of the Agriculture and tion on’’. Gulf Conflict Supplemental Authorization Food Act of 1981 (16 U.S.C. 3415) is repealed. (c) REPORT ON AGRICULTURAL QUARANTINE and Personnel Benefits Act of 1991 is re- (s) REPORT ON EVALUATION OF SPECIAL INSPECTION FUND.—The Secretary of Agri- pealed. AREA DESIGNATIONS.—Section 1510 of the Ag- culture shall not be required to submit a re- (f) REPORT ON UNITED STATES-CANADA FREE riculture and Food Act of 1981 (16 U.S.C. 3419) port to the appropriate committees of Con- TRADE AGREEMENT.—Section 409(a)(3)(B) of is repealed. gress on the status of the Agricultural Quar- the United States-Canada Free-Trade Agree- (t) REPORT ON AGRICULTURAL PRACTICES antine Inspection fund more frequently than ment Implementation Act of 1988 (19 U.S.C. AND WATER RESOURCES DATA BASE DEVELOP- annually. 2112 note) is amended to read as follows: MENT.—Section 1485 of the Food, Agriculture, (d) REPORT ON ESTIMATED EXPENDITURES ‘‘(3) The United States members of the Conservation, and Trade Act of 1990 (7 U.S.C. UNDER FOOD STAMP PROGRAM.—The third working group established under article 1907 5505) is amended— sentence of section 18(a)(1) of the Food of the Agreement shall consult regularly (1) in subsection (a), by striking ‘‘(a) RE- Stamp Act of 1977 (7 U.S.C. 2027(a)(1)) is with the Committee on Finance of the Sen- POSITORY.—’’; and amended— ate, the Committee on Ways and Means of (2) by striking subsection (b). (1) by striking ‘‘by the fifteenth day of the House of Representatives, and advisory (u) REPORT ON PLANT GENOME MAPPING.— each month’’ and inserting ‘‘for each quarter committees established under section 135 of Section 1671 of the Food, Agriculture, Con- or other appropriate period’’; and the Trade Act of 1974 regarding— servation, and Trade Act of 1990 (7 U.S.C. (2) by striking ‘‘the second preceding ‘‘(A) the issues being considered by the 5924) is amended— month’s expenditure’’ and inserting ‘‘the ex- working group; and (1) by striking subsection (g); and penditure for the quarter or other period’’. ‘‘(B) as appropriate, the objectives and (2) by redesignating subsection (h) as sub- (e) REPORT ON COMMODITY DISTRIBUTION.— strategy of the United States in the negotia- section (g). Section 3(a)(3)(D) of the Commodity Dis- tions.’’. (v) REPORT ON APPRAISAL OF PROPOSED tribution Reform Act and WIC Amendments (g) REPORT ON ESTABLISHMENT OF AMER- BUDGET FOR FOOD AND AGRICULTURAL of 1987 (Public Law 100–237; 7 U.S.C. 612c ICAN BUSINESS CENTERS AND ON ACTIVITIES OF SCIENCES.—Section 1408(g) of the National note) is amended by striking ‘‘annually’’ and THE INDEPENDENT STATES BUSINESS AND AG- Agricultural Research, Extension, and inserting ‘‘biennially’’. RICULTURE ADVISORY COUNCIL.—Section 305 of Teaching Policy Act of 1977 (7 U.S.C. 3123(g)) (f) REPORT ON PRIORITIES FOR RESEARCH, the Freedom for Russia and Emerging De- is amended— EXTENSION, AND TEACHING.—Section 1407(f)(1) mocracies and Open Markets Support Act of (1) by striking paragraph (2); and of the National Agricultural Research, Ex- 1992 (22 U.S.C. 5825) is repealed. S 3564 CONGRESSIONAL RECORD — SENATE March 7, 1995

(h) REPORT ON FISHERMAN’S CONTINGENCY CHAPTER 4—DEPARTMENT OF (k) REPORT ON ADVISORY COUNCILS.—Sec- FUND REPORT.—Section 406 of the Outer Con- EDUCATION tion 448 of the General Education Provisions tinental Shelf Lands Act Amendments of Act (20 U.S.C. 1233g) is repealed. SEC. 1041. REPORTS ELIMINATED. 1978 (43 U.S.C. 1846) is repealed. SEC. 1042. REPORTS MODIFIED. (a) REPORT ON PERSONNEL REDUCTION AND (i) REPORT ON USER FEES ON SHIPPERS.— (a) REPORT ON THE CONDITION OF BILINGUAL ANNUAL LIMITATIONS.—Subsection (a) of sec- Section 208 of the Water Resources Develop- EDUCATION IN THE NATION.—Section 6213 of tion 403 of the Department of Education Or- ment Act of 1986 (33 U.S.C. 2236) is amended the Augustus F. Hawkins-Robert T. Stafford ganization Act (20 U.S.C. 3463(a)) is amend- by— Elementary and Secondary School Improve- ed— (1) striking subsection (b); and ment Amendments of 1988 (20 U.S.C. 3303 (1) in paragraph (2), by striking all begin- (2) redesignating subsections (c), (d), (e), note) is amended— ning with ‘‘and shall,’’ through the end and (f) as subsections (b), (c), (d), and (e), re- (1) in the section heading, by striking ‘‘RE- thereof and inserting a period; and spectively. PORT ON’’ and inserting ‘‘INFORMATION (2) by redesignating paragraph (3) as para- SEC. 1022. REPORTS MODIFIED. REGARDING’’; and graph (2). (2) by striking the matter preceding para- (a) REPORT ON FEDERAL TRADE PROMOTION (b) REPORT ON PROJECTS FUNDED BY THE graph (1) and inserting ‘‘The Secretary shall STRATEGIC PLAN.—Section 2312(f) of the Ex- FUND FOR THE IMPROVEMENT AND REFORM OF collect data for program management and port Enhancement Act of 1988 (15 U.S.C. SCHOOLS AND TEACHING.—Section 3232 of the accountability purposes regarding—’’. 4727(f) is amended to read as follows: Fund for the Improvement and Reform of (b) REPORT TO CONGRESS ON THE STEWART ‘‘(f) REPORT TO THE CONGRESS.—The chair- Schools and Teaching Act (20 U.S.C. 4832) is B. MCKINNEY HOMELESS ASSISTANCE ACT.— person of the TPCC shall prepare and submit amended— Subsection (b) of section 724 of the Stewart to the Committee on Banking, Housing, and (1) in the section heading, by striking B. McKinney Homeless Assistance Act (42 Urban Affairs of the Senate, and the Com- ‘‘AND REPORTING’’; U.S.C. 11434(b)) is amended by striking para- mittee on Foreign Affairs of the House of (2) in subsection (a), by striking ‘‘(a) EXEM- graph (4) and the first paragraph (5) and in- Representatives, not later than September PLARY PROJECTS.—’’; and serting the following: 30, 1995, and annually thereafter, a report de- (3) by striking subsections (b) and (c). ‘‘(4) The Secretary shall prepare and sub- scribing— (c) REPORT ON THE SUCCESS OF FIRST AS- mit a report to the appropriate committees ‘‘(1) the strategic plan developed by the SISTED PROGRAMS IN IMPROVING EDUCATION.— of the Congress at the end of every other fis- TPCC pursuant to subsection (c), the imple- Section 6215 of the Augustus F. Hawkins- cal year. Such report shall— mentation of such plan, and any revisions Robert T. Stafford Elementary and Second- ‘‘(A) evaluate the programs and activities thereto; and ary School Improvement Amendments of assisted under this part; and ‘‘(2) the implementation of sections 303 and 1988 (20 U.S.C. 4832 note) is amended— ‘‘(B) contain the information received from 304 of the Freedom for Russia and Emerging (1) by amending the section heading to the States pursuant to section 722(d)(3).’’. Democracies and Open Markets Support Act read as follows: (c) REPORT TO GIVE NOTICE TO CONGRESS.— of 1992 (22 U.S.C. 5823 and 5824) concerning ‘‘SEC. 6215. EXEMPLARY PROJECTS.’’; Subsection (d) of section 482 of the Higher funding for export promotion activities and Education Act of 1965 (20 U.S.C. 1089(d)) is (2) in subsection (a), by striking ‘‘(a) EXEM- the interagency working groups on energy of amended— PLARY PROJECTS.—’’; and the TPCC.’’. (1) in the first sentence by striking ‘‘the (3) by striking subsections (b) and (c). (b) REPORT ON EXPORT POLICY.—Section items specified in the calendar have been (d) REPORT ON SUPPORTED EMPLOYMENT AC- 2314(b)(1) of the Export Enhancement Act of completed and provide all relevant forms, TIVITIES.—Subsection (c) of section 311 of the 1988 (15 U.S.C. 4729(b)(1)) is amended— rules, and instructions with such notice’’ and Rehabilitation Act of 1973 (20 U.S.C. 777a(c) (1) in subparagraph (E) by striking out inserting ‘‘a deadline included in the cal- is amended— ‘‘and’’ after the semicolon; endar described in subsection (a) is not met’’; (2) in subparagraph (F) by striking out the (1) by striking paragraph (3); and and period and inserting in lieu thereof a semi- (2) by redesignating paragraph (4) as para- (2) by striking the second sentence. colon; and graph (3). (d) ANNUAL REPORT ON ACTIVITIES UNDER (3) by adding at the end thereof the follow- (e) REPORT ON THE CLIENT ASSISTANCE PRO- THE REHABILITATION ACT OF 1973.—Section 13 ing new subparagraphs: GRAM.—Subsection (g) of section 112 of the of the Rehabilitation Act of 1973 (20 U.S.C. ‘‘(G) the status, activities, and effective- Rehabilitation Act of 1973 (20 U.S.C. 732(g)) is 712) is amended by striking ‘‘twenty’’ and in- ness of the United States commercial centers amended— serting ‘‘eighty’’. established under section 401 of the Jobs (1) by striking paragraphs (4) and (5); and (e) REPORT TO THE CONGRESS REGARDING Through Exports Act of 1992 (15 U.S.C. 4723a); (2) in paragraph (6), by striking ‘‘such re- REHABILITATION TRAINING PROGRAMS.—The ‘‘(H) the implementation of sections 301 port or for any other’’ and inserting ‘‘any’’. second sentence of section 302(c) of the Reha- and 302 of the Freedom for Russia and (f) REPORT ON THE SUMMARY OF LOCAL bilitation Act of 1973 (20 U.S.C. 774(c)) is Emerging Democracies and Open Markets EVALUATIONS OF COMMUNITY EDUCATION EM- amended by striking ‘‘simultaneously with Support Act of 1992 (22 U.S.C. 5821 and 5822) PLOYMENT CENTERS.—Section 370 of the Carl the budget submission for the succeeding fis- concerning American Business Centers and D. Perkins Vocational and Applied Tech- cal year for the Rehabilitation Services Ad- the Independent States Business and Agri- nology Act (20 U.S.C. 2396h) is amended— ministration’’ and inserting ‘‘by September culture Advisory Council; (1) in the section heading, by striking 30 of each fiscal year’’. ‘‘(I) the programs of other industrialized ‘‘AND REPORT’’; (f) REPORT PREPARED BY THE DEPARTMENT nations to assist their companies with their (2) in subsection (a), by striking ‘‘(a) LOCAL OF THE INTERIOR ON INDIAN CHILDREN AND THE efforts to transact business in the independ- EVALUATION.—’’; and BILINGUAL EDUCATION ACT.— ent states of the former Soviet Union; and (3) by striking subsection (b). (1) REPEAL.—Subsection (c) of section 7022 ‘‘(J) the trading practices of other Organi- (g) REPORT ON THE ADMINISTRATION OF THE of the Bilingual Education Act (20 U.S.C. zation for Economic Cooperation and Devel- VOCATIONAL EDUCATION ACT OF 1917.—Section 3292) is repealed. opment nations, as well as the pricing prac- 18 of the Vocational Education Act of 1917 (20 (2) ANNUAL REPORT.—Paragraph (3) of sec- tices of transitional economies in the inde- U.S.C. 28) is repealed. tion 7051(b)(3) of the Bilingual Education Act pendent states, that may disadvantage Unit- (h) REPORT BY THE INTERDEPARTMENTAL (20 U.S.C. 3331(b)(3)) is amended— ed States companies.’’. TASK FORCE ON COORDINATING VOCATIONAL (A) in subparagraph (D), by striking ‘‘and’’ CHAPTER 3—DEPARTMENT OF DEFENSE EDUCATION AND RELATED PROGRAMS.—Sub- after the semicolon; section (d) of section 4 of the Carl D. Perkins (B) in subparagraph (E), by striking the pe- SEC. 1031. REPORTS ELIMINATED. Vocational and Applied Technology Edu- riod and inserting a semicolon; and (a) REPORT ON SEMATECH.—Section 274 of cation Act Amendments of 1990 (20 U.S.C. (C) by adding at the end the following new The National Defense Authorization Act for 2303(d)) is repealed. subparagraphs: Fiscal Years 1988 and 1989 (Public Law 100– (i) REPORT ON THE EVALUATION OF THE ‘‘(F) the needs of the Indian children with 180; 101 Stat. 1071) is amended— GATEWAY GRANTS PROGRAM.—Subparagraph respect to the purposes of this title in (1) in section 6 by striking out the item re- (B) of section 322(a)(3) of the Adult Edu- schools operated or funded by the Depart- lating to section 274; and cation Act (20 U.S.C. 1203a(a)(3)(B)) is amend- ment of the Interior, including those tribes (2) by striking out section 274. ed by striking ‘‘and report the results of such and local educational agencies receiving as- (b) REPORT ON REVIEW OF DOCUMENTATION evaluation to the Committee on Education sistance under the Johnson-O’Malley Act (25 IN SUPPORT OF WAIVERS FOR PEOPLE ENGAGED and Labor of the House of Representatives U.S.C. 452 et seq.); and IN ACQUISITION ACTIVITIES.— and the Committee on Labor and Human Re- ‘‘(G) the extent to which the needs de- (1) IN GENERAL.—Section 1208 of the Na- sources of the Senate’’. scribed in subparagraph (F) are being met by tional Defense Authorization Act for Fiscal (j) REPORT ON THE BILINGUAL VOCATIONAL funds provided to such schools for edu- Year 1991 (10 U.S.C. 1701 note) is repealed. TRAINING PROGRAM.—Paragraph (3) of section cational purposes through the Secretary of (2) CLERICAL AMENDMENT TO TABLE OF CON- 441(e) of the Carl D. Perkins Vocational and the Interior.’’. TENTS.—Section 2(b) of such Act is amended Applied Technology Education Act (20 U.S.C. (g) ANNUAL EVALUATION REPORTS.—Section by striking out the item relating to section 2441(e)(3)) is amended by striking the last 417 of the General Education Provisions Act 1208. sentence thereof. (20 U.S.C. 1226c) is amended— March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3565

(1) in the section heading, by striking ‘‘AN- such period on the status of negotiations to 400AA(b)(1)(B) of the Energy Policy and Con- NUAL’’ and inserting ‘‘BIENNIAL’’; and develop such agreement and the reasons why servation Act (42 U.S.C. 6374(b)(1)(B)) is (2) in subsection (a)— such agreement has not been completed. amended by striking ‘‘and annually there- (A) by striking ‘‘December’’ and inserting Prior to submission of such report to the after’’. ‘‘March’’; Congress, the Secretary shall transmit such (f) REPORT ON THE OPERATION OF STATE EN- (B) by striking ‘‘each year,’’ and inserting report to the Governor of such State or the ERGY CONSERVATION PLANS.—Section 365(c) of ‘‘every other year’’; and governing body of such affected Indian tribe, the Energy Policy and Conservation Act (42 (C) by striking ‘‘an annual’’ and inserting as the case may be, for their review and com- U.S.C. 6325(c)) is amended by striking ‘‘re- ‘‘a biennial’’; ments. Such comments shall be included in port annually’’ and inserting ‘‘, as part of the (3) in subparagraph (B), by striking ‘‘pre- such report prior to submission to the Con- report required under section 657 of the De- vious fiscal year’’ and inserting ‘‘2 preceding gress.’’. partment of Energy Organization Act, re- fiscal years’’; and (j) QUARTERLY REPORT ON STRATEGIC PE- port’’. (4) in subparagraph (C), by striking ‘‘pre- TROLEUM RESERVES.—Section 165(b) of the (g) REPORT ON THE DEPARTMENT OF EN- vious fiscal year’’ and inserting ‘‘2 preceding Energy Policy and Conservation Act (42 ERGY.—Section 657 of the Department of En- fiscal years’’. U.S.C. 6245(b)) is repealed. ergy Organization Act (42 U.S.C. 7267) is (h) ANNUAL AUDIT OF STUDENT LOAN INSUR- (k) REPORT ON THE DEPARTMENT OF EN- amended by inserting after ‘‘section 15 of the ANCE FUND.—Section 432(b) of the Higher ERGY.—The Federal Energy Administration Federal Energy Administration Act of 1974,’’ Education Act of 1965 (20 U.S.C. 1082(b)) is Act of 1974 (15 U.S.C. 790d), is amended by the following: ‘‘section 365(c) of the Energy striking out section 55. amended to read as follows: Policy and Conservation Act, section 304(c) ‘‘(b) FINANCIAL OPERATIONS RESPONSIBIL- SEC. 1052. REPORTS MODIFIED. of the Nuclear Waste Policy Act of 1982,’’. ITIES.—The Secretary shall, with respect to (a) REPORTS ON PROCESS-ORIENTED INDUS- (h) REPORT ON COST-EFFECTIVE WAYS TO TRIAL NERGY FFICIENCY AND NDUSTRIAL N the financial operations arising by reason of E E I I - INCREASE HYDROPOWER PRODUCTION AT FED- SULATION AUDIT GUIDELINES.— this part prepare annually and submit a ERAL WATER FACILITIES.—Section 2404 of the budget program as provided for wholly (1) Section 132(d) of the Energy Policy Act Energy Policy Act of 1992 (16 U.S.C. 797 note) owned Government corporations by chapter of 1992 (42 U.S.C. 6349(d)) is amended— is amended— (A) in the language preceding paragraph 91 of title 31, United States Code. The trans- (1) in subsection (a), by striking ‘‘The Sec- (1), by striking ‘‘Not later than 2 years after actions of the Secretary, including the set- retary, in consultation with the Secretary of October 24, 1992, and annually thereafter’’ tlement of insurance claims and of claims the Interior and the Secretary of the Army,’’ and inserting ‘‘Not later than October 24, for payments pursuant to section 1078 of this and inserting ‘‘The Secretary of the Interior title, and transactions related thereto and 1995, and biennially thereafter’’; (B) in paragraph (4), by striking ‘‘and’’ at and the Secretary of the Army, in consulta- vouchers approved by the Secretary in con- tion with the Secretary,’’; and nection with such transactions, shall be final the end; (C) in paragraph (5), by striking the period (2) in subsection (b), by striking ‘‘the Sec- and conclusive upon all accounting and other retary’’ and inserting ‘‘the Secretary of the officers of the Government.’’. at the end and inserting ‘‘; and’’; and (D) by adding at the end the following new Interior, or the Secretary of the Army,’’. CHAPTER 5—DEPARTMENT OF ENERGY paragraph: (i) REPORT ON PROGRESS MEETING FUSION SEC. 1051. REPORTS ELIMINATED. ‘‘(6) the information required under section ENERGY PROGRAM OBJECTIVES.—Section (a) REPORTS ON PERFORMANCE AND DIS- 133(c).’’. 2114(c)(5) of the Energy Policy Act of 1992 (42 POSAL OF ALTERNATIVE FUELED HEAVY DUTY (2) Section 133(c) of the Energy Policy Act U.S.C. 13474(c)(5)) is amended by striking out VEHICLES.—Paragraphs (3) and (4) of section of 1992 (42 U.S.C. 6350(c)) is amended— the first sentence and inserting in lieu there- 400AA(b) of the Energy Policy and Conserva- (A) by striking, ‘‘October 24, 1992’’ and in- of ‘‘The President shall include in the budget tion Act (42 U.S.C. 6374(b)(3), 6374(b)(4)) are serting ‘‘October 24, 1995’’; and submitted to the Congress each year under repealed. (B) by inserting ‘‘as part of the report re- section 1105 of title 31, United States Code, a (b) REPORT ON WIND ENERGY SYSTEMS.— quired under section 132(d),’’ after ‘‘and bien- report prepared by the Secretary describing Section 9(a)(3) of the Wind Energy Systems nially thereafter,’’. the progress made in meeting the program Act of 1980 (42 U.S.C. 9208(a)(3)) is repealed. (b) REPORT ON AGENCY REQUESTS FOR WAIV- objectives, milestones, and schedules estab- (c) REPORT ON COMPREHENSIVE PROGRAM ER FROM FEDERAL ENERGY MANAGEMENT RE- lished in the management plan.’’. MANAGEMENT PLAN FOR OCEAN THERMAL EN- QUIREMENTS.—Section 543(b)(2) of the Na- (j) REPORT ON HIGH-PERFORMANCE COMPUT- ERGY CONVERSION.—Section 3(d) of the Ocean tional Energy Conservation Policy Act (42 ING ACTIVITIES.—Section 203(d) of the High- Thermal Energy Conversion Research, De- U.S.C. 8253(b)(2)) is amended— Performance Computing Act of 1991 (15 velopment, and Demonstration Act (42 U.S.C. (1) by inserting ‘‘, as part of the report re- U.S.C. 5523(d)) is amended to read as follows: 9002(d)) is repealed. quired under section 548(b),’’ after ‘‘the Sec- ‘‘(d) REPORTS.—Not later than 1 year after (d) REPORTS ON SUBSEABED DISPOSAL OF retary shall’’; and the date of enactment of this subsection, and SPENT NUCLEAR FUEL AND HIGH-LEVEL RA- (2) by striking ‘‘promptly’’. thereafter as part of the report required DIOACTIVE WASTE.—Subsections (a) and (b)(5) (c) REPORT ON THE PROGRESS, STATUS, AC- under section 101(a)(3)(A), the Secretary of of section 224 of the Nuclear Waste Policy TIVITIES, AND RESULTS OF PROGRAMS REGARD- Energy shall report on activities taken to Act of 1982 (42 U.S.C. 10204(a), 10204(b)(5)) are ING THE PROCUREMENT AND IDENTIFICATION OF carry out this Act.’’. repealed. ENERGY EFFICIENT PRODUCTS.—Section 161(d) (k) REPORT ON NATIONAL HIGH-PERFORM- (e) REPORT ON FUEL USE ACT.—Sections of the Energy Policy Act of 1992 (42 U.S.C. ANCE COMPUTING PROGRAM.—Section 101(a)(4) 711(c)(2) and 806 of the Powerplant and Indus- 8262g(d)) is amended by striking ‘‘of each of the High-Performance Computing Act of trial Fuel Use Act of 1978 (42 U.S.C. 8421(c)(2), year thereafter,’’; and inserting ‘‘thereafter 1991 (15 U.S.C. 5511(a)(4)) is amended— 8482) are repealed. as part of the report required under section (1) in subparagraph (D), by striking ‘‘and’’ (f) REPORT ON TEST PROGRAM OF STORAGE 548(b) of the National Energy Conservation at the end; OF REFINED PETROLEUM PRODUCTS WITHIN Policy Act,’’. (2) by redesignating subparagraph (E) as THE STRATEGIC PETROLEUM RESERVE.—Sec- (d) REPORT ON THE FEDERAL GOVERNMENT subparagraph (F); and tion 160(g)(7) of the Energy Policy and Con- ENERGY MANAGEMENT PROGRAM.—Section (3) by inserting after subparagraph (D) the servation Act (42 U.S.C. 6240(g)(7)) is re- 548(b) of the National Energy Conservation following new subparagraph: pealed. Policy Act (42 U.S.C. 8258(b)) is amended— ‘‘(E) include the report of the Secretary of (g) REPORT ON NAVAL PETROLEUM AND OIL (1) in paragraph (1)— Energy required by section 203(d); and’’. SHALE RESERVES PRODUCTION.—Section 7434 (A) in subparagraph (A), by striking ‘‘and’’ (l) REPORT ON NUCLEAR WASTE DISPOSAL of title 10, United States Code, is repealed. after the semicolon; PROGRAM.—Section 304(d) of the Nuclear (h) REPORT ON EFFECTS OF PRESIDENTIAL (B) by redesignating subparagraph (B) as Waste Policy Act of 1982 (42 U.S.C. 10224(d)) MESSAGE ESTABLISHING A NUCLEAR NON- subparagraph (C); and is amended to read as follows: PROLIFERATION POLICY ON NUCLEAR RESEARCH (C) by inserting after subparagraph (A) the ‘‘(d) AUDIT BY GAO.—If requested by either AND DEVELOPMENT COOPERATIVE AGREE- following new subparagraph: House of the Congress (or any committee MENTS.—Section 203 of the Department of ‘‘(B) the information required under sec- thereof) or if considered necessary by the Energy Act of 1978—Civilian Applications (22 tion 543(b)(2); and’’; Comptroller General, the General Account- U.S.C. 2429 note) is repealed. (2) in paragraph (2), by striking ‘‘and’’ ing Office shall conduct an audit of the Of- (i) REPORT ON WRITTEN AGREEMENTS RE- after the semicolon; fice, in accord with such regulations as the GARDING NUCLEAR WASTE REPOSITORY (3) in paragraph (3), by striking the period Comptroller General may prescribe. The SITES.—Section 117(c) of the Nuclear Waste at the end and inserting ‘‘; and’’; and Comptroller General shall have access to Policy Act of 1982 (42 U.S.C. 10137(c)) is (4) by adding at the end the following new such books, records, accounts, and other ma- amended by striking the following: ‘‘If such paragraph: terials of the Office as the Comptroller Gen- written agreement is not completed prior to ‘‘(4) the information required under section eral determines to be necessary for the prep- the expiration of such period, the Secretary 161(d) of the Energy Policy Act of 1992.’’. aration of such audit. The Comptroller Gen- shall report to the Congress in writing not (e) REPORT ON ALTERNATIVE FUEL USE BY eral shall submit a report on the results of later than 30 days after the expiration of SELECTED FEDERAL VEHICLES.—Section each audit conducted under this section.’’. S 3566 CONGRESSIONAL RECORD — SENATE March 7, 1995

CHAPTER 6—DEPARTMENT OF HEALTH the Housing and Community Development (b) REPORT ON DRUG INTERDICTION TASK AND HUMAN SERVICES Act of 1987 (42 U.S.C. 3608a(b)) is repealed. FORCE.—Section 3301(a)(1)(C) of the National SEC. 1061. REPORTS ELIMINATED. SEC. 1072. REPORTS MODIFIED. Drug Interdiction Act of 1986 (21 U.S.C. 801 note; Public Law 99–570; 100 Stat. 3207–98) is (a) REPORT ON THE EFFECTS OF TOXIC SUB- (a) REPORT ON HOMEOWNERSHIP OF MULTI- repealed. STANCES.—Subsection (c) of section 27 of the FAMILY UNITS PROGRAM.—Section 431 of the Toxic Substance Control Act (15 U.S.C. Cranston-Gonzalez National Affordable (c) REPORT ON EQUAL ACCESS TO JUSTICE.— 2626(c)) is repealed. Housing Act (42 U.S.C. 12880) is amended— Section 2412(d)(5) of title 28, United States Code, is repealed. (b) REPORT ON COMPLIANCE WITH THE (1) in the section heading, by striking ‘‘AN- (d) REPORT ON FEDERAL OFFENDER CHARAC- CONSUMER-PATIENT RADIATION HEALTH AND NUAL’’; and TERISTICS.—Section 3624(f)(6) of title 18, Unit- SAFETY ACT.—Subsection (d) of section 981 of (2) by striking ‘‘The Secretary shall annu- the Consumer-Patient Radiation Health and ally’’ and inserting ‘‘The Secretary shall no ed States Code, is repealed. Safety Act of 1981 (42 U.S.C. 10006(d)) is re- later than December 31, 1995,’’. (e) REPORT ON COSTS OF DEATH PENALTY.— pealed. (b) TRIENNIAL AUDIT OF TRANSACTIONS OF The Anti-Drug Abuse Act of 1988 (Public Law 100–690; 102 Stat. 4395; 21 U.S.C. 848 note) is (c) REPORT ON EVALUATION OF TITLE VIII NATIONAL HOMEOWNERSHIP FOUNDATION.— amended by striking out section 7002. PROGRAMS.—Section 859 of the Public Health Section 107(g)(1) of the Housing and Urban Service Act (42 U.S.C. 298b–6) is repealed. Development Act of 1968 (12 U.S.C. (f) MINERAL LANDS LEASING ACT.—Section 8B of the Mineral Lands Leasing Act (30 (d) REPORT ON MODEL SYSTEM FOR PAYMENT 1701y(g)(1)) is amended by striking the last U.S.C. 208–2) is repealed. FOR OUTPATIENT HOSPITAL SERVICES.—Para- sentence. graph (6) of section 1135(d) of the Social Se- (c) REPORT ON LOW-INCOME HOME ENERGY (g) SMALL BUSINESS ACT.—Subsection (c) of curity Act (42 U.S.C. 1320b–5(d)(6)) is re- ASSISTANCE PROGRAM.—Section 2605(h) of the section 10 of the Small Business Act (15 pealed. Low-Income Home Energy Assistance Act of U.S.C. 639(c)) is repealed. (h) ENERGY POLICY AND CONSERVATION (e) REPORT ON MEDICARE TREATMENT OF 1981 (Public Law 97–35; 42 U.S.C. 8624(h)), is ACT.—Section 252(i) of the Energy Policy UNCOMPENSATED CARE.—Paragraph (2) of sec- amended by striking out ‘‘(but not less fre- tion 603(a) of the Social Security Amend- quently than every three years),’’. Conservation Act (42 U.S.C. 6272(i)) is amend- ed by striking ‘‘, at least once every 6 ments of 1983 (42 U.S.C. 1395ww note) is re- CHAPTER 8—DEPARTMENT OF THE pealed. months, a report’’ and inserting ‘‘, at such INTERIOR intervals as are appropriate based on signifi- (f) REPORT ON PROGRAM TO ASSIST HOME- SEC. 1081. REPORTS ELIMINATED. cant developments and issues, reports’’. LESS INDIVIDUALS.—Subsection (d) of section (a) REPORT ON AUDITS IN FEDERAL ROYALTY 9117 of the Omnibus Budget Reconciliation (i) REPORT ON FORFEITURE FUND.—Section MANAGEMENT SYSTEM.—Section 17(j) of the Act of 1987 (42 U.S.C. 1383 note) is repealed. 524(c) of title 28, United States Code, is Mineral Leasing Act (30 U.S.C. 226(j)) is amended— SEC. 1062. REPORTS MODIFIED. amended by striking the last sentence. (1) by striking out paragraph (7); and (a) REPORT OF THE SURGEON GENERAL.— (b) REPORT ON DOMESTIC MINING, MINERALS, (2) by redesignating paragraphs (8) through Section 239 of the Public Health Service Act AND MINERAL RECLAMATION INDUSTRIES.— (12) as paragraphs (7) through (11), respec- (42 U.S.C. 238h) is amended to read as fol- Section 2 of the Mining and Minerals Policy tively. lows: Act of 1970 (30 U.S.C. 21a) is amended by CHAPTER 10—DEPARTMENT OF LABOR ‘‘BIANNUAL REPORT striking the last sentence. SEC. 1101. REPORTS ELIMINATED. (c) REPORT ON PHASE I OF THE HIGH PLAINS ‘‘SEC. 239. The Surgeon General shall trans- Section 408(d) of the Veterans Education mit to the Secretary, for submission to the STATES GROUNDWATER DEMONSTRATION PROJECT.—Section 3(d) of the High Plains and Employment Amendments of 1989 (38 Congress, on January 1, 1995, and on January U.S.C. 4100 note) is repealed. 1, every 2 years thereafter, a full report of States Groundwater Demonstration Program the administration of the functions of the Act of 1983 (43 U.S.C. 390g–1(d)) is repealed. SEC. 1102. REPORTS MODIFIED. Service under this Act, including a detailed (d) REPORT ON RECLAMATION REFORM ACT (a) REPORT ON THE ACTIVITIES CONDUCTED statement of receipts and disbursements.’’. COMPLIANCE.—Section 224(g) of the Reclama- UNDER THE FAIR LABOR STANDARDS ACT OF (b) REPORT ON HEALTH SERVICE RESEARCH tion Reform Act of 1982 (43 U.S.C. 390ww(g)) 1938.—Section 4(d)(1) of the Fair Labor ACTIVITIES.—Subsection (b) of section 494A of is amended by striking the last 2 sentences. Standards Act of 1938 (29 U.S.C. 204(d)(1)) is the Public Health Service Act (42 U.S.C. (e) REPORT ON GEOLOGICAL SURVEYS CON- amended— 289c–1(b)) is amended by striking ‘‘September DUCTED OUTSIDE THE DOMAIN OF THE UNITED (1) by striking ‘‘annually’’ and inserting 30, 1993, and annually thereafter’’ and insert- STATES.—Section 2 of Public Law 87–626 (43 ‘‘biannually’’; and ing ‘‘December 30, 1993, and each December U.S.C. 31(c)) is repealed. (2) by striking ‘‘preceding year’’ and in- 30 thereafter’’. (f) REPORT ON RECREATION USE FEES.—Sec- serting ‘‘preceding two years’’. (c) REPORT ON FAMILY PLANNING.—Section tion 4(h) of the Land and Water Conservation (b) ANNUAL REPORT OF THE OFFICE OF 1009(a) of the Public Health Service Act (42 Fund Act of 1965 (16 U.S.C. 460l–6a(h)) is re- WORKERS’ COMPENSATION.— U.S.C. 300a–7(a)) is amended by striking pealed. (1) REPORT ON THE ADMINISTRATION OF THE ‘‘each fiscal year’’ and inserting ‘‘fiscal year (g) REPORT ON FEDERAL SURPLUS REAL LONGSHORE AND HARBOR WORKERS’ COMPENSA- 1995, and each second fiscal year there- PROPERTY PUBLIC BENEFIT DISCOUNT PRO- TION ACT.—Section 42 of the Longshore and after,’’. GRAM FOR PARKS AND RECREATION.—Section Harbor Workers’ Compensation Act (33 (d) REPORT ON THE STATUS OF HEALTH IN- 203(o)(1) of the Federal Property and Admin- U.S.C. 942) is amended— FORMATION AND HEALTH PROMOTION.—Section istrative Services Act of 1949 (40 U.S.C. (A) by striking ‘‘beginning of each’’ and all 1705(a) of the Public Health Service Act (42 484(o)(1)) is amended by striking ‘‘subsection that follows through ‘‘Amendments of 1984’’ U.S.C. 300u–4) is amended in the first sen- (k) of this section and’’. and inserting ‘‘end of each fiscal year’’; and tence by striking out ‘‘annually’’ and insert- SEC. 1082. REPORTS MODIFIED. (B) by adding the following new sentence ing in lieu thereof ‘‘biannually’’. (a) REPORT ON LEVELS OF THE OGALLALA at the end: ‘‘Such report shall include the AQUIFER.—Title III of the Water Resources annual reports required under section 426(b) CHAPTER 7—DEPARTMENT OF HOUSING of the Black Lung Benefits Act (30 U.S.C. AND URBAN DEVELOPMENT Research Act of 1984 (42 U.S.C. 10301 note) is amended— 936(b)) and section 8194 of title 5, United SEC. 1071. REPORTS ELIMINATED. (1) in section 306, by striking ‘‘annually’’ States Code, and shall be identified as the (a) REPORTS ON PUBLIC HOUSING HOME- and inserting ‘‘biennially’’; and Annual Report of the Office of Workers’ OWNERSHIP AND MANAGEMENT OPPORTUNI- (2) in section 308, by striking ‘‘intervals of Compensation Programs.’’. TIES.—Section 21(f) of the United States one year’’ and inserting ‘‘intervals of 2 (2) REPORT ON THE ADMINISTRATION OF THE Housing Act of 1937 (42 U.S.C. 1437s(f)) is re- years’’. BLACK LUNG BENEFITS PROGRAM.—Section pealed. (b) REPORT ON EFFECTS OF OUTER CON- 426(b) of the ‘‘Black Lung Benefits Act (30 (b) INTERIM REPORT ON PUBLIC HOUSING TINENTAL SHELF LEASING ACTIVITIES ON U.S.C. 936(b)) is amended— MIXED INCOME NEW COMMUNITIES STRATEGY HUMAN, MARINE, AND COASTAL ENVIRON- (A) by striking ‘‘Within’’ and all that fol- DEMONSTRATION.—Section 522(k)(1) of the MENTS.—Section 20(e) of the Outer Continen- lows through ‘‘Congress the’’ and inserting Cranston-Gonzalez National Affordable tal Shelf Lands Act (43 U.S.C. 1346(e)) is ‘‘At the end of each fiscal year, the’’; and Housing Act (42 U.S.C. 1437f note) is repealed. amended by striking ‘‘each fiscal year’’ and (B) by adding the following new sentence (c) BIENNIAL REPORT ON INTERSTATE LAND inserting ‘‘every 3 fiscal years’’. at the end: ‘‘Each such report shall be pre- SALES REGISTRATION PROGRAM.—Section 1421 pared and submitted to Congress in accord- of the Interstate Land Sales Full Disclosure CHAPTER 9—DEPARTMENT OF JUSTICE ance with the requirement with respect to Act (15 U.S.C. 1719a) is repealed. SEC. 1091. REPORTS ELIMINATED. submission under section 42 of the Longshore (d) QUARTERLY REPORT ON ACTIVITIES (a) REPORT ON CRIME AND CRIME PREVEN- Harbor Workers’ Compensation Act (33 UNDER THE FAIR HOUSING INITIATIVES PRO- TION.—(1) Section 3126 of title 18, United U.S.C. 942).’’. GRAM.—Section 561(e)(2) of the Housing and States Code, is repealed. (3) REPORT ON THE ADMINISTRATION OF THE Community Development Act of 1987 (42 (2) The table of sections for chapter 206 of FEDERAL EMPLOYEES’ COMPENSATION ACT.—(A) U.S.C. 3616a(e)(2)) is repealed. title 18, United States Code, is amended by Subchapter I of chapter 81 of title 5, United (e) COLLECTION OF AND ANNUAL REPORT ON striking out the item relating to section States Code, is amended by adding at the end RACIAL AND ETHNIC DATA.—Section 562(b) of 3126. thereof the following new section: March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3567

‘‘§ 8152. Annual report tion 305 of the Automotive Propulsion Re- (b) REPORT ON THE ANTIRECESSION PROVI- ‘‘The Secretary of Labor shall, at the end search and Development Act of 1978 (15 SIONS OF THE PUBLIC WORKS EMPLOYMENT of each fiscal year, prepare a report with re- U.S.C. 2704) is amended by striking the last ACT OF 1976.—Section 213 of the Public Works spect to the administration of this chapter. sentence. Employment Act of 1976 (42 U.S.C. 6733) is re- Such report shall be submitted to Congress (m) REPORT ON OBLIGATIONS.—Section 4(b) pealed. in accordance with the requirement with re- of the Federal Transit Act (49 U.S.C. App. (c) REPORT ON THE ASBESTOS TRUST spect to submission under section 42 of the 1603(b)) is repealed. FUND.—Paragraph (2) of section 5(c) of the Longshore Harbor Workers’ Compensation (n) REPORT ON SUSPENDED LIGHT RAIL SYS- Asbestos Hazard Emergency Response Act of Act (33 U.S.C. 942).’’. TEM TECHNOLOGY PILOT PROJECT.—Section 1986 (20 U.S.C. 4022(c)) is repealed. (B) The table of sections for chapter 81 of 26(c)(11) of the Federal Transit Act (49 U.S.C. SEC. 1132. REPORTS MODIFIED. title 5, United States Code, is amended by in- App. 1622(c)(11)) is repealed. (a) REPORT ON THE WORLD CUP USA 1994 serting after the item relating to section 8151 (o) REPORT ON SAINT LAWRENCE SEAWAY COMMEMORATIVE COIN ACT.—Subsection (g) of the following: DEVELOPMENT CORPORATION.—Section 10(a) of ‘‘8152. Annual report.’’. the Act of May 13, 1954 (68 Stat. 96, chapter section 205 of the World Cup USA 1994 Com- 201; 33 U.S.C. 989(a)) is repealed. memorative Coin Act (31 U.S.C. 5112 note) is (c) ANNUAL REPORT ON THE DEPARTMENT OF (p) REPORTS ON PIPELINES ON FEDERAL amended by striking ‘‘month’’ and inserting LABOR.—Section 9 of an Act entitled ‘‘An Act ‘‘calendar quarter’’. to create a Department of Labor’’, approved LANDS.—Section 28(w)(4) of the Mineral Leasing Act (30 U.S.C. 185(w)(4)) is repealed. (b) REPORTS ON VARIOUS FUNDS.—Sub- March 4, 1913 (29 U.S.C. 560) is amended by (q) REPORTS ON PIPELINE SAFETY.— section (b) of section 321 of title 31, United striking ‘‘make a report’’ and all that fol- (1) REPORT ON NATURAL GAS PIPELINE SAFE- States Code, is amended— lows through ‘‘the department’’ and insert- TY ACT OF 1968.—Section 16(a) of the Natural (1) by striking ‘‘and’’ at the end of para- ing ‘‘prepare and submit to Congress the fi- Gas Pipeline Safety Act of 1968 (49 U.S.C. graph (5), nancial statements of the Department that App. 1683(a)) is amended in the first sentence (2) by striking the period at the end of have been audited’’. by striking ‘‘of each year’’ and inserting ‘‘of paragraph (6) and inserting ‘‘; and’’, and CHAPTER 11—DEPARTMENT OF STATE each odd-numbered year’’. (3) by adding after paragraph (6) the follow- SEC. 1111. REPORTS ELIMINATED. (2) REPORT ON HAZARDOUS LIQUID PIPELINE ing new paragraph: Section 8 of the Migration and Refugee As- SAFETY ACT OF 1979.—Section 213 of the Haz- ‘‘(7) notwithstanding any other provision sistance Act of 1962 (22 U.S.C. 2606) is amend- ardous Liquid Pipeline Safety Act of 1979 (49 of law, fulfill any requirement to issue a re- ed by striking subsection (b), and redesignat- U.S.C. App. 2012) is amended in the first sen- port on the financial condition of any fund ing subsection (c) as subsection (b). tence by striking ‘‘of each year’’ and insert- on the books of the Treasury by including CHAPTER 12—DEPARTMENT OF ing ‘‘of each odd-numbered year’’. the required information in a consolidated TRANSPORTATION SEC. 1122. REPORTS MODIFIED. report, except that information with respect SEC. 1121. REPORTS ELIMINATED. (a) REPORT ON MAJOR ACQUISITION to a specific fund shall be separately re- ported if the Secretary determines that the (a) REPORT ON DEEPWATER PORT ACT OF PROJECTS.—Section 337 of the Department of 1974.—Section 20 of the Deepwater Port Act Transportation and Related Agencies Appro- consolidation of such information would re- of 1974 (33 U.S.C. 1519) is repealed. priations Act, 1993 (Public Law 102–338; 106 sult in an unwarranted delay in the avail- ability of such information.’’. (b) REPORT ON COAST GUARD LOGISTICS CA- Stat. 1551) is amended— (1) by striking ‘‘quarter of any fiscal year (c) REPORT ON THE JAMES MADISON-BILL OF PABILITIES CRITICAL TO MISSION PERFORM- beginning after December 31, 1992, unless the RIGHTS COMMEMORATIVE COIN ACT.—Sub- ANCE.—Sections 5(a)(2) and 5(b) of the Coast Guard Authorization Act of 1988 (10 U.S.C. Commandant of the Coast Guard first sub- section (c) of section 506 of the James Madi- 2304 note) are repealed. mits a quarterly report’’ and inserting ‘‘half son-Bill of Rights Commemorative Coin Act of any fiscal year beginning after December (31 U.S.C. 5112 note) is amended by striking (c) REPORT ON MARINE PLASTIC POLLUTION 31, 1995, unless the Commandant of the Coast out ‘‘month’’ and inserting in lieu thereof RESEARCH AND CONTROL ACT OF 1987.—Sec- tion 2201(a) of the Marine Plastic Pollution Guard first submits a semiannual report’’; ‘‘calendar quarter’’. Research and Control Act of 1987 (33 U.S.C. and (2) by striking ‘‘quarter.’’ and inserting CHAPTER 14—DEPARTMENT OF 1902 note) is amended by striking ‘‘bienni- VETERANS AFFAIRS ally’’ and inserting ‘‘triennially’’. ‘‘half-fiscal year.’’. (b) REPORT ON OIL SPILL LIABILITY TRUST (d) REPORT ON APPLIED RESEARCH AND SEC. 1141. REPORTS ELIMINATED. FUND.—The quarterly report regarding the TECHNOLOGY PROGRAM.—Section 307(e)(11) of (a) REPORT ON FURNISHING CONTRACT CARE Oil Spill Liability Trust Fund required to be title 23, United States Code, is repealed. SERVICES.—Section 1703(c) of title 38, United submitted to the House and Senate Commit- (e) REPORTS ON HIGHWAY SAFETY IMPROVE- States Code, is repealed. tees on Appropriations under House Report MENT PROGRAMS.— (b) REPORT ON ADEQUACY OF RATES FOR 101–892, accompanying the appropriations for (1) REPORT ON RAILWAY-HIGHWAY CROSSINGS STATE HOME CARE.—Section 1741 of such title the Coast Guard in the Department of Trans- PROGRAM.—Section 130(g) of title 23, United is amended— States Code, is amended by striking the last portation and Related Agencies Appropria- (1) by striking out subsection (c); and 3 sentences. tions Act, 1991, shall be submitted not later (2) by redesignating subsections (d) and (e) than 30 days after the end of the fiscal year (2) REPORT ON HAZARD ELIMINATION PRO- as subsections (c) and (d), respectively. in which this Act is enacted and annually GRAM.—Section 152(g) of title 23, United (c) REPORT ON LOANS TO PURCHASE MANU- thereafter. States Code, is amended by striking the last FACTURED HOMES.—Section 3712 of such title 3 sentences. (c) REPORT ON JOINT FEDERAL AND STATE is amended— MOTOR FUEL TAX COMPLIANCE PROJECT.—Sec- (f) REPORT ON HIGHWAY SAFETY PERFORM- (1) by striking out subsection (l); and tion 1040(d)(1) of the Intermodal Surface ANCE—FATAL AND INJURY ACCIDENT RATES ON (2) by redesignating subsection (m) as sub- Transportation Efficiency Act of 1991 (23 PUBLIC ROADS IN THE UNITED STATES.—Sec- section (l). U.S.C. 101 note) is amended by striking ‘‘Sep- tion 207 of the Highway Safety Act of 1982 (23 (d) REPORT ON LEVEL OF TREATMENT CAPAC- tember 30 and’’. U.S.C. 401 note) is repealed. ITY.—Section 8110(a)(3) of such title is (d) REPORT ON PUBLIC TRANSPORTATION.— (g) REPORT ON HIGHWAY SAFETY PROGRAM amended— Section 308(e)(1) of title 49, United States STANDARDS.—Section 402(a) of title 23, Unit- (1) in subparagraph (A)— ed States Code, is amended by striking the Code, is amended by striking ‘‘January of (A) by striking out ‘‘(A)’’; and fifth sentence. each even-numbered year’’ and inserting (B) by redesignating clauses (i) and (ii) as ‘‘March 1995, March 1996, and March of each (h) REPORT ON RAILROAD-HIGHWAY DEM- subparagraphs (A) and (B), respectively; and odd-numbered year thereafter’’. ONSTRATION PROJECTS.—Section 163(o) of the (2) by striking out subparagraph (B). (e) REPORT ON NATION’S HIGHWAYS AND Federal-Aid Highway Act of 1973 (23 U.S.C. (e) REPORT ON COMPLIANCE WITH FUNDED BRIDGES.—Section 307(h) of title 23, United 130 note) is repealed. PERSONNEL CODING.— States Code, is amended by striking ‘‘Janu- (i) REPORT ON UNIFORM RELOCATION ACT (1) REPEAL OF REPORT REQUIREMENT.—Sec- ary 1983, and in January of every second year AMENDMENTS OF 1987.—Section 103(b)(2) of tion 8110(a)(4) of title 38, United States Code, the Uniform Relocation Assistance and Real thereafter’’ and inserting ‘‘March 1995, is amended by striking out subparagraph (C). March 1996, and March of each odd-numbered Property Acquisition Policies Act of 1970 (42 (2) CONFORMING AMENDMENTS.—Section U.S.C. 4604(b)(2)) is repealed. year thereafter’’. 8110(a)(4) of title 38, United States Code, is (j) REPORT ON FEDERAL RAILROAD SAFETY CHAPTER 13—DEPARTMENT OF THE amended by— ACT OF 1970.—Section 211 of the Federal Rail- TREASURY (A) redesignating subparagraph (C) as sub- road Safety Act of 1970 (45 U.S.C. 440) is re- SEC. 1131. REPORTS ELIMINATED. paragraph (D); pealed. (a) REPORT ON THE OPERATION AND STATUS (B) in subparagraph (A), by striking out (k) REPORT ON RAILROAD FINANCIAL ASSIST- OF STATE AND LOCAL GOVERNMENT FISCAL AS- ‘‘subparagraph (D)’’ and inserting in lieu ANCE.—Section 308(d) of title 49, United SISTANCE TRUST FUND.—Paragraph (8) of sec- thereof ‘‘subparagraph (C)’’; and States Code, is repealed. tion 14001(a) of the Consolidated Omnibus (C) in subparagraph (B), by striking out (l) REPORT ON USE OF ADVANCED TECH- Budget Reconciliation Act of 1985 (31 U.S.C. ‘‘subparagraph (D)’’ and inserting in lieu NOLOGY BY THE AUTOMOBILE INDUSTRY.—Sec- 6701 note) is repealed. thereof ‘‘subparagraph (C)’’. S 3568 CONGRESSIONAL RECORD — SENATE March 7, 1995 Subtitle II—Independent Agencies (2) The table of contents in section 101(b) of Comptroller General of the United States such Act (42 U.S.C. prec. 8301) is amended by shall submit a report on the Corporation’s CHAPTER 1—ACTION striking the item relating to section 745. compliance at the end of that quarter with SEC. 2011. REPORTS ELIMINATED. (k) 5-YEAR PLAN FOR ENVIRONMENTAL RE- section 15(c) of the Federal Deposit Insur- Section 226 of the Domestic Volunteer SEARCH, DEVELOPMENT, AND DEMONSTRA- ance Act to the Committee on Banking, Service Act of 1973 (42 U.S.C. 5026) is amend- TION.— Housing, and Urban Affairs of the Senate and ed— (1) Section 5 of the Environmental Re- the Committee on Banking, Finance and (1) by striking subsection (b); and search, Development, and Demonstration Urban Affairs of the House of Representa- (2) in subsection (a)— Authorization Act of 1976 (42 U.S.C. 4361) is tives. Such a report shall be included in the (A) in paragraph (2), by striking ‘‘(2)’’ and repealed. Comptroller General’s audit report for that inserting ‘‘(b)’’; and (2) Section 4 of the Environmental Re- year, as required by section 17 of the Federal (B) in paragraph (1)— search, Development, and Demonstration Deposit Insurance Act.’’. Authorization Act of 1978 (42 U.S.C. 4361a) is (i) by striking ‘‘(1)(A)’’ and inserting ‘‘(1)’’; CHAPTER 7—FEDERAL EMERGENCY repealed. and MANAGEMENT AGENCY (3) Section 8 of such Act (42 U.S.C. 4365) is (ii) in subparagraph (B)— amended— SEC. 2071. REPORTS ELIMINATED. (I) by striking ‘‘(B)’’ and inserting ‘‘(2)’’; (A) by striking subsection (c); and Section 201(h) of the Federal Civil Defense and (B) by redesignating subsections (d) Act of 1950 (50 U.S.C. App. 2281(h)) is amend- (II) by striking ‘‘subparagraph (A)’’ and in- through (i) as subsections (c) through (h), re- ed by striking the second proviso. serting ‘‘paragraph (1)’’. spectively. CHAPTER 8—FEDERAL RETIREMENT CHAPTER 2—ENVIRONMENTAL (l) PLAN ON ASSISTANCE TO STATES FOR THRIFT INVESTMENT BOARD PROTECTION AGENCY RADON PROGRAMS.—Section 305 of the Toxic Substances Control Act (15 U.S.C. 2665) is SEC. 2081. REPORTS ELIMINATED. SEC. 2021. REPORTS ELIMINATED. amended— Section 9503 of title 31, United States Code, (a) REPORT ON ALLOCATION OF WATER.—Sec- (1) by striking subsection (d); and is amended by adding at the end thereof the tion 102 of the Federal Water Pollution Con- (2) by redesignating subsections (e) and (f) following new subsection: trol Act (33 U.S.C. 1252) is amended by strik- as subsections (d) and (e), respectively. ‘‘(c) The requirements of this section are ing subsection (d). satisfied with respect to the Thrift Savings CHAPTER 3—EQUAL EMPLOYMENT (b) REPORT ON VARIANCE REQUESTS.—Sec- Plan described under subchapter III of chap- OPPORTUNITY COMMISSION tion 301(n) of the Federal Water Pollution ter 84 of title 5, by preparation and trans- Control Act (33 U.S.C. 1311(n)) is amended by SEC. 2031. REPORTS MODIFIED. mission of the report described under section striking paragraph (8). Section 705(k)(2)(C) of the Civil Rights Act 8439(b) of such title.’’. (c) REPORT ON IMPLEMENTATION OF CLEAN of 1964 (42 U.S.C. 2000e–4(k)(2)(C)) is amend- ed— CHAPTER 9—GENERAL SERVICES LAKES PROJECTS.—Section 314(d) of the Fed- ADMINISTRATION eral Water Pollution Control Act (33 U.S.C. (1) in the matter preceding clause (i), by 1324(d)) is amended— striking ‘‘including’’ and inserting ‘‘includ- SEC. 2091. REPORTS ELIMINATED. (1) by striking paragraph (3); and ing information, presented in the aggregate, (a) REPORT ON PROPERTIES CONVEYED FOR (2) by redesignating paragraph (4) as para- relating to’’; HISTORIC MONUMENTS AND CORRECTIONAL FA- graph (3). (2) in clause (i), by striking ‘‘the identity CILITIES.—Section 203(o) of the Federal Prop- (d) REPORT ON USE OF MUNICIPAL SECOND- of each person or entity’’ and inserting ‘‘the erty and Administrative Services Act of 1949 ARY EFFLUENT AND SLUDGE.—Section 516 of number of persons and entities’’; (40 U.S.C. 484(o)) is amended— the Federal Water Pollution Control Act (33 (3) in clause (ii), by striking ‘‘such person (1) by striking out paragraph (1); U.S.C. 1375) (as amended by subsection (g)) is or entity’’ and inserting ‘‘such persons and (2) by redesignating paragraphs (2) and (3) further amended— entities’’; and as paragraphs (1) and (2), respectively; and (1) by striking subsection (c); and (4) in clause (iii)— (3) in paragraph (2) (as so redesignated) by (2) by redesignating subsections (d) and (e) (A) by striking ‘‘fee’’ and inserting ‘‘fees’’; striking out ‘‘paragraph (2)’’ and inserting in as subsections (c) and (d), respectively. and lieu thereof ‘‘paragraph (3)’’. (e) REPORT ON CERTAIN WATER QUALITY (B) by striking ‘‘such person or entity’’ and (b) REPORT ON PROPOSED SALE OF SURPLUS STANDARDS AND PERMITS.—Section 404 of the inserting ‘‘such persons and entities’’. REAL PROPERTY AND REPORT ON NEGOTIATED Water Quality Act of 1987 (Public Law 100–4; CHAPTER 4—FEDERAL AVIATION SALES.—Section 203(e)(6) of the Federal 33 U.S.C. 1375 note) is amended— ADMINISTRATION Property and Administrative Services Act of (1) by striking subsection (c); and SEC. 2041. REPORTS ELIMINATED. 1949 (40 U.S.C. 484(e)(6)) is repealed. (2) by redesignating subsection (d) as sub- Section 7207(c)(4) of the Anti-Drug Abuse (c) REPORT ON PROPERTIES CONVEYED FOR section (c). Act of 1988 (Public Law 100–690; 102 Stat. 4428; WILDLIFE CONSERVATION.—Section 3 of the (f) REPORT ON CLASS V WELLS.—Section 49 U.S.C. App. 1354 note) is amended— Act entitled ‘‘An Act authorizing the trans- 1426 of title XIV of the Public Health Service (1) by striking out ‘‘GAO’’; and fer of certain real property for wildlife, or Act (commonly known as the ‘‘Safe Drinking (2) by striking out ‘‘the Comptroller Gen- other purposes.’’, approved May 19, 1948 (16 Water Act’’) (42 U.S.C. 300h–5) is amended— eral’’ and inserting in lieu thereof ‘‘the De- U.S.C. 667d; 62 Stat. 241) is amended by strik- (1) in subsection (a), by striking ‘‘(a) MON- partment of Transportation Inspector Gen- ing out ‘‘and shall be included in the annual ITORING METHODS.—’’; and eral’’. budget transmitted to the Congress’’. (2) by striking subsection (b). CHAPTER 5—FEDERAL COMMUNICATIONS CHAPTER 10—INTERSTATE COMMERCE (g) REPORT ON SOLE SOURCE AQUIFER DEM- COMMISSION COMMISSION ONSTRATION PROGRAM.—Section 1427 of title SEC. 2051. REPORTS ELIMINATED. SEC. 2101. REPORTS ELIMINATED. XIV of the Public Health Service Act (com- Section 10327(k) of title 49, United States monly known as the ‘‘Safe Drinking Water (a) REPORT TO THE CONGRESS UNDER THE Code, is amended to read as follows: Act’’) (42 U.S.C. 300h–6) is amended— COMMUNICATIONS SATELLITE ACT OF 1962.— ‘‘(k) If an extension granted under sub- (1) by striking subsection (l); and Section 404(c) of the Communications Sat- section (j) is not sufficient to allow for com- (2) by redesignating subsections (m) and (n) ellite Act of 1962 (47 U.S.C. 744(c)) is repealed. pletion of necessary proceedings, the Com- as subsections (l) and (m), respectively. (b) REIMBURSEMENT FOR AMATEUR EXAM- INATION EXPENSES.—Section 4(f)(4)(J) of the mission may grant a further extension in an (h) REPORT ON SUPPLY OF SAFE DRINKING Communications Act of 1934 (47 U.S.C. extraordinary situation if a majority of the WATER.—Section 1442 of title XIV of the Pub- Commissioners agree to the further exten- lic Health Service Act (commonly known as 154(f)(4)(J)) is amended by striking out the sion by public vote.’’. the ‘‘Safe Drinking Water Act’’) (42 U.S.C. last sentence. 300h–6) is amended— CHAPTER 6—FEDERAL DEPOSIT CHAPTER 11—LEGAL SERVICES (1) by striking subsection (c); INSURANCE CORPORATION CORPORATION (2) by redesignating subsection (d) as sub- SEC. 2061. REPORTS ELIMINATED. SEC. 2111. REPORTS MODIFIED. section (c); and Section 102(b)(1) of the Federal Deposit In- Section 1009(c)(2) of the Legal Services (3) by redesignating subsections (f) and (g) surance Corporation Improvement Act of Corporation Act (42 U.S.C. 2996h(c)(2)) is as subsections (d) and (e), respectively. 1991 (Public Law 102–242; 105 Stat. 2237; 12 amended by striking out ‘‘The’’ and insert- (i) REPORT ON NONNUCLEAR ENERGY AND U.S.C. 1825 note) is amended to read as fol- ing in lieu thereof ‘‘Upon request, the’’. TECHNOLOGIES.—Section 11 of the Federal lows: CHAPTER 12—NATIONAL AERONAUTICS Nonnuclear Energy Research and Develop- ‘‘(1) QUARTERLY REPORTING.—Not later ment Act of 1974 (42 U.S.C. 5910) is repealed. than 90 days after the end of any calendar AND SPACE ADMINISTRATION (j) REPORT ON EMISSIONS AT COAL-BURNING quarter in which the Federal Deposit Insur- SEC. 2121. REPORTS ELIMINATED. POWERPLANTS.— ance Corporation (hereafter in this section Section 21(g) of the Small Business Act (15 (1) Section 745 of the Powerplant and In- referred to as the ‘Corporation’) has any ob- U.S.C. 648(g)) is amended to read as follows: dustrial Fuel Use Act of 1978 (42 U.S.C. 8455) ligations pursuant to section 14 of the Fed- ‘‘(g) NATIONAL AERONAUTICS AND SPACE AD- is repealed. eral Deposit Insurance Act outstanding, the MINISTRATION AND INDUSTRIAL APPLICATION March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3569 Centers.—The National Aeronautics and SEC. 2182. REPORTS MODIFIED. CHAPTER 23—THRIFT DEPOSITOR Space Administration and industrial applica- (a) REPORT ON SENIOR EXECUTIVE SERVICE PROTECTION OVERSIGHT BOARD tion centers supported by the National Aero- POSITIONS.—Section 3135(a) of title 5, United SEC. 2231. REPORTS MODIFIED. nautics and Space Administration are au- States Code, is amended— Section 21A(k)(9) of the Federal Home thorized and directed to cooperate with (1) in paragraph (1) by striking out ‘‘, and Loan Bank Act (12 U.S.C. 1441a(k)(9)) is small business development centers partici- the projected number of Senior Executive amended by striking out ‘‘the end of each pating in the program.’’. Service positions to be authorized for the next 2 fiscal years, in the aggregate and by calendar quarter’’ and inserting in lieu CHAPTER 13—NATIONAL COUNCIL ON agency’’; thereof ‘‘June 30 and December 31 of each DISABILITY (2) by striking out paragraphs (3) and (8); calendar year’’. SEC. 2131. REPORTS ELIMINATED. and CHAPTER 24—UNITED STATES Section 401(a) of the Rehabilitation Act of (3) by redesignating paragraphs (4), (5), (6), INFORMATION AGENCY 1973 (29 U.S.C. 781(a)) is amended— (7), (9), and (10) as paragraphs (3), (4), (5), (6), (1) by striking paragraph (9); and (7), and (8), respectively. SEC. 2241. REPORTS ELIMINATED. (2) by redesignating paragraphs (10) and (b) REPORT ON DISTRICT OF COLUMBIA RE- Notwithstanding section 601(c)(4) of the (11) as paragraphs (9) and (10), respectively. TIREMENT FUND.—Section 145 of the District Foreign Service Act of 1980 (22 U.S.C. of Columbia Retirement Reform Act (Public 4001(c)(4)), the reports otherwise required CHAPTER 14—NATIONAL SCIENCE under such section shall not cover the activi- FOUNDATION Law 96–122; 93 Stat. 882) is amended— (1) in subsection (b)— ties of the United States Information Agen- SEC. 2141. REPORTS ELIMINATED. (A) in paragraph (1)— cy. (a) STRATEGIC PLAN FOR SCIENCE AND ENGI- (i) by striking out ‘‘(1)’’; Subtitle III—Reports by All Departments and NEERING EDUCATION.—Section 107 of the Edu- (ii) by striking out ‘‘and the Comptroller Agencies cation for Economic Security Act (20 U.S.C. General shall each’’ and inserting in lieu 3917) is repealed. thereof ‘‘shall’’; and SEC. 3001. REPORTS ELIMINATED. (b) BUDGET ESTIMATE.—Section 14 of the (iii) by striking out ‘‘each’’; and (a) REPORT ON PART-TIME EMPLOYMENT.— National Science Foundation Act of 1950 (42 (B) by striking out paragraph (2); and (1) Section 3407 of title 5, United States Code, U.S.C. 1873) is amended by striking sub- (2) in subsection (d), by striking out ‘‘the is repealed. section (j). Comptroller General and’’ each place it ap- (2) The table of sections for chapter 34 of pears. title 5, United States Code, is amended by CHAPTER 15—NATIONAL striking out the item relating to section TRANSPORTATION SAFETY BOARD (c) REPORT ON REVOLVING FUND.—Section 1304(e)(6) of title 5, United States Code, is 3407. SEC. 2151. REPORTS MODIFIED. amended by striking out ‘‘at least once every (b) BUDGET INFORMATION ON CONSULTING Section 305 of the Independent Safety three years’’. SERVICES.—(1) Section 1114 of title 31, United Board Act of 1974 (49 U.S.C. 1904) is amend- CHAPTER 19—OFFICE OF THRIFT States Code, is repealed. ed— SUPERVISION (2) The table of sections for chapter 11 of (1) in paragraph (2) by adding ‘‘and’’ after title 31, United States Code, is amended by the semicolon; SEC. 2191. REPORTS MODIFIED. striking out the item relating to section (2) in paragraph (3) by striking out ‘‘; and’’ Section 18(c)(6)(B) of the Federal Home 1114. Loan Bank Act (12 U.S.C. 1438(c)(6)(B)) is and inserting in lieu thereof a period; and (c) SEMIANNUAL REPORT ON LOBBYING.— (3) by striking out paragraph (4). amended— Section 1352 of title 31, United States Code, (1) by striking out ‘‘annually’’; is amended by— CHAPTER 16—NEIGHBORHOOD (2) by striking out ‘‘audit, settlement,’’ (1) striking out subsection (d); and REINVESTMENT CORPORATION and inserting in lieu thereof ‘‘settlement’’; (2) redesignating subsections (e), (f), (g), and SEC. 2161. REPORTS ELIMINATED. and (h) as subsections (d), (e), (f), and (g), re- (3) by striking out ‘‘, and the first audit’’ Section 607(c) of the Neighborhood Rein- spectively. and all that follows through ‘‘enacted’’. vestment Corporation Act (42 U.S.C. 8106(c)) (d) REPORTS ON PROGRAM FRAUD AND CIVIL is amended by striking the second sentence. CHAPTER 20—PANAMA CANAL REMEDIES.—(1) Section 3810 of title 31, Unit- COMMISSION CHAPTER 17—NUCLEAR REGULATORY ed States Code, is repealed. COMMISSION SEC. 2201. REPORTS ELIMINATED. (2) The table of sections for chapter 38 of (a) REPORTS ON PANAMA CANAL.—Section title 31, United States Code, is amended by SEC. 2171. REPORTS MODIFIED. 1312 of the Panama Canal Act of 1979 (Public striking out the item relating to section Section 208 of the Energy Reorganization Law 96–70; 22 U.S.C. 3722) is repealed. 3810. Act of 1974 (42 U.S.C. 5848) is amended by (b) TECHNICAL AND CONFORMING AMEND- (e) REPORT ON RIGHT TO FINANCIAL PRIVACY striking ‘‘each quarter a report listing for MENT.—The table of contents in section 1 of ACT.—Section 1121 of the Right to Financial that period’’ and inserting ‘‘an annual report such Act is amended by striking out the Privacy Act of 1978 (12 U.S.C. 3421) is re- listing for the previous fiscal year’’. item relating to section 1312. pealed. CHAPTER 18—OFFICE OF PERSONNEL CHAPTER 21—POSTAL SERVICE (f) REPORT ON FOREIGN LOAN RISKS.—Sec- MANAGEMENT SEC. 2211. REPORTS MODIFIED. tion 913(d) of the International Lending Su- SEC. 2181. REPORTS ELIMINATED. (a) REPORT ON CONSUMER EDUCATION PRO- pervision Act of 1983 (12 U.S.C. 3912(d)) is re- pealed. (a) REPORT ON CAREER RESERVED POSI- GRAMS.—Section 4(b) of the mail Order (g) REPORT ON PLANS TO CONVERT TO THE TIONS.—(1) Section 3135 of title 5, United Consumer Protection Amendments of 1983 (39 States Code, is repealed. U.S.C. 3001 note; Public Law 98–186; 97 Stat. METRIC SYSTEM.—Section 12 of the Metric (2) The table of sections for chapter 31 of 1318) is amended to read as follows: Conversion Act of 1975 (15 U.S.C. 205j–1) is re- title 5, United States Code, is amended by ‘‘(b) A summary of the activities carried pealed. striking out the item relating to section out under subsection (a) shall be included in (h) REPORT ON TECHNOLOGY UTILIZATION 3135. the first semiannual report submitted each AND INTELLECTUAL PROPERTY RIGHTS.—Sec- tion 11(f) of the Stevenson-Wydler Tech- (b) REPORT ON PERFORMANCE AWARDS.— year as required under section 5 of the In- Section 4314(d)(3) of title 5, United States spector General Act of 1978 (5 U.S.C. App.).’’. nology Innovation Act of 1980 (15 U.S.C. Code, is repealed. (b) REPORT ON INVESTIGATIVE ACTIVITIES.— 3710(f)) is repealed. (i) REPORT ON EXTRAORDINARY CONTRAC- (c) REPORT ON TRAINING PROGRAMS.—(1) Section 3013 of title 39, United States Code, Section 4113 of title 5, United States Code, is is amended in the last sentence by striking TUAL ACTIONS TO FACILITATE THE NATIONAL repealed. out ‘‘the Board shall transmit such report to DEFENSE.—Section 4(a) of the Act entitled (2) The table of sections for chapter 41 of the Congress’’ and inserting in lieu thereof ‘‘An Act to authorize the making, amend- title 5, United States Code, is amended by ‘‘the information in such report shall be in- ment, and modification of contracts to fa- striking out the item relating to section cluded in the next semiannual report re- cilitate the national defense’’, approved Au- 4113. quired under section 5 of the Inspector Gen- gust 28, 1958 (50 U.S.C. 1434(a)), is amended by eral Act of 1978 (5 U.S.C. App.)’’. striking out ‘‘all such actions taken’’ and in- (d) REPORT ON PREVAILING RATE SYSTEM.— Section 5347 of title 5, United States Code, is CHAPTER 22—RAILROAD RETIREMENT serting in lieu thereof ‘‘if any such action amended by striking out the fourth and fifth BOARD has been taken’’. sentences. SEC. 2221. REPORTS MODIFIED. (j) REPORTS ON DETAILING EMPLOYEES.— Section 619 of the Treasury, Postal Service, (e) REPORT ON ACTIVITIES OF THE MERIT Section 502 of the Railroad Retirement and General Government Appropriations SYSTEMS PROTECTION BOARD AND THE OFFICE Solvency Act of 1983 (45 U.S.C. 231f–1) is Act, 1993 (Public Law 102–393; 106 Stat. 1769), OF PERSONNEL MANAGEMENT.—Section 2304 of amended by striking ‘‘On or before July 1, title 5, United States Code, is amended— 1985, and each calendar year thereafter’’ and is repealed. (1) in subsection (a) by striking out ‘‘(a)’’; inserting ‘‘As part of the annual report re- SEC. 3002. REPORTS MODIFIED. and quired under section 22(a) of the Railroad Re- Section 552b(j) of title 5, United States (2) by striking subsection (b). tirement Act of 1974 (45 U.S.C. 231u(a))’’. Code, is amended to read as follows: S 3570 CONGRESSIONAL RECORD — SENATE March 7, 1995 ‘‘(j) Each agency subject to the require- I ask unanimous consent that both of cut off its nose to spite its face. Our amend- ments of this section shall annually report my floor statements from last year be ment protects this vital investment portion to the Congress regarding the following: printed in the RECORD. of spending. It keeps responsibility with the ‘‘(1) The changes in the policies and proce- There being no objection, the state- Congress and gives us the flexibility that we dures of the agency under this section that ments were ordered to be printed in the need during hard times and the discipline we have occurred during the preceding 1-year need during the good ones to manage the period. RECORD, as follows: budget in a responsible manner. ‘‘(2) A tabulation of the number of meet- [From the Congressional Record, Feb. 25, Let me get back to my example of a busi- ings held, the exemptions applied to close 1994] ness borrowing to expand or upgrade its fa- meetings, and the days of public notice pro- Mr. FORD. Mr. President, I thank the Sen- cilities. Bad fiscal policy is when all of the vided to close meetings. ator from Nevada for allowing me this time. profits earned from the improvements are ‘‘(3) A brief description of litigation or for- I support a balanced budget amendment frittered away on other expenses, and the mal complaints concerning the implementa- and always have. The borrow and spend poli- loan is never repaid. When this happens, the tion of this section by the agency. cies of the past must not continue. We all situation goes downhill fast. If the belt is ‘‘(4) A brief explanation of any changes in know that. The ability to expand our econ- not tightened and the loan is not paid off, law that have affected the responsibilities of omy and provide job opportunities for this the company, no matter what, will go bank- the agency under this section.’’. and future generations, much less provide for rupt. It can borrow more money for a time Subtitle IV—Effective Date a nation that can function beyond simply but eventually it must pay off its loans or servicing its debt, absolutely depends upon the banks will eventually turn that company SEC. 4001. EFFECTIVE DATE. bringing the deficit under control. I think down. We are a nation that is getting peril- Except as otherwise provided in this title, that my friend from Illinois would agree ously close to that last loan. We are borrow- the provisions of this title and amendments with this sentiment and I agree in principle ing not to invest for growth, but instead sim- made by this title shall take effect on the with his amendment. I think that the Sen- ply and irresponsibly to pay off interest on date of the enactment of this Act. ator has done the Nation a great service by past loans. All the while our debt continues Mr. NUNN. Mr. President, I move to his tireless work on behalf of this serious to mount and we have nothing to show for it. reconsider the vote by which the bill matter. However, there is room for improve- This is the type of behavior that must be was passed. ment in most things including, the original stopped and our amendment is the prescrip- Mr. FORD. I move to lay that motion language of Senate Joint Resolution 41. tion for this sickness. It stops the bad bor- on the table. It is the job and the responsibility of the rowing but keeps the Congress in control of The motion to lay on the table was Congress to control the spending of our Na- investing in our Nation’s future. agreed to. tion. Unfortunately, we have abandoned this Our Founding Fathers placed the country’s role, to a large degree, by running large purse strings under the explicit control of Mr. FORD. Mr. President, I ask unan- budget deficits during normal times. By nor- the Congress. Our amendment keeps the con- imous consent that I be allowed to mal times I mean not during war, or reces- trol here. The judicial branch of Government speak as in morning business. sions. This practice is not only fiscally irre- has no business deciding on what program The PRESIDING OFFICER (Mr. sponsible, but with the huge debt we are now should be cut or what revenue should be THOMPSON). Without objection, it is so passing along to our children, it has become raised. That is our responsibility. Our ordered. morally irresponsible as well. We as a con- amendment keeps that responsibility right gress and, being the representatives of the where it belongs. I won’t talk on this point f people, as a nation must begin to regain con- too long because, I think there is complete trol of our spending policies. We need some- agreement among us on this point. However, BALANCED BUDGET AMENDMENT thing that forces us to do this. An amend- I cannot stress enough that we in the Con- Mr. FORD. Mr. President, in the 21 ment to the Constitution would do just that. gress must make the hard choices, and if we years I have served in this body, I have While one law can be changed by passing an- do not our amendment calls for an internal never seen the level of partisanship other law, this legislation would make fiscal solution. Should this happen, this legislation that we are seeing on the balanced discipline mandatory. calls for uniform cuts; with everyone and However, the Congress must not pass the every program paying equally. That is fair budget amendment. So maybe I should buck once again by relinquishing control of and just and it would be a congressional ac- not have been shocked last Friday to the budget all together. Congressional con- tion. see my colleague from Mississippi, Sen- trol must be maintained and our amendment Let me speak on another matter of grave ator LOTT, blatantly misrepresent my does just that. Deficit spending by itself is concern to many of our citizens. That is the words of 1994. Clearly, his only purpose not the problem. The problem is chronic def- sanctity of the Social Security system. was to further divide the American icit spending in good times not just bad ones. Many years ago, our Nation made a pact public and to tarnish the reputation of Furthermore, we are not borrowing at the with its people to help them in retirement, Senators who have only sought to pass present time to rebuild infrastructure by whether that be in old age or by disability. building roads, airports, or an information Our amendment respects that agreement, in the best amendment possible. super highway. Nor have we been borrowing fact it reinforces it, makes it stronger, safer Senator LOTT quoted me as saying, for the last 30 years to bring a faltering and more secure. This amendment has a lot Mr. President, and I will quote it ver- economy out of recession or prepare for war. to do with responsible action and nowhere is batim from the RECORD; this is what We have had the need from time to time dur- that needed more than on dealing with So- Senator LOTT said I said: ing that period and during these periods, bor- cial Security. It is exempt from our amend- I hear so much about ‘‘if 40-some-odd Gov- rowing represents sound fiscal policy. During ment, thus securing and fortifying its posi- ernors can operate a balanced budget, why times of war or economic downturn, these tion as a separate trust fund. Neither re- can’t the Federal Government.’’ policies help the economy and help our Na- ceipts nor outlays will be counted as part of * * * I operated under it. tion as a whole. But this is not what we have the budget under this provision. As my been doing at all. What we have been doing friend, and colleague from North Dakota When I said ‘‘I,’’ Mr. President, as is borrowing to pay the interest on previous [Mr. Dorgan] has pointed out, ‘‘the Social Governor: debt. Security system is not causing the deficit.’’ It worked. Let me put this in terms that every Amer- Its revenues and surpluses should not be used * * * I think implementation of this ican can understand. When a company de- to mask the deficit nor should its outlays be amendment will work. I think we can make cides to expand or buy more efficient equip- counted as part of expenditures. Our pro- it work. ment, it generally borrows the money, know- posal protects the sanctity of this most vital * * * I do not understand why it takes a ing that this investment will more than pay program. brain surgeon to understand how you operate for itself in the future. The profit earned is In closing, I would like to stress just how a budget the way the States do. used first to pay off the loan and the extra is strongly I favor a balanced budget amend- * * * this is an opportunity to pass a bal- kept as income. The key word in all of this ment, but it must be the right amendment anced budget amendment that will work and is invest. Investment as our President has and our amendment is it. I have supported will give us a financially sound future, not been saying for some time is good, it pro- and continue to support my colleague from only for ourselves but for our children and vides benefits in years to come. We invest a Illinois in his efforts to control Federal our grandchildren. great deal of money on the Federal level, up- spending, however, our proposed changes wards of $200 billion. This money is well make this a more honest and more workable End of the quote that Senator LOTT spent and will pay dividends to our children amendment. Surpluses in trust funds wheth- put in the RECORD. and their children. When we build a highway, er it be for airports, Social Security or high- To that I say, Mr. President, read the it increases economic efficiency and activ- ways, will not be used to mask the true size full statement, and the fallacy will be- ity, real dividends that pay off in real jobs of the deficit. And, equally important, it will come clear. and increased incomes. Congress should not allow Congress to maintain the flexibility March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3571 needed during wars or recessions while pro- cial Security.’’ So the Reid amendment or et constraint now. I thought we had caps on tecting our capital investments and curtail- resolution has taken care of that problem. our budget now. I thought this was the third ing our practice of borrowing to pay interest Do you know something, Mr. President? straight year of deficit decline, unprece- on past loans. You can sympathize with me over this a lit- dented in the last 31 years since Harry Tru- Mr. President, I do not think anyone in tle bit. I have heard for days now, and really man. I thought we would have to continue to this body with certainty can tell us what for years: If 40-some-odd Governors can oper- do that even though we required 2001 to have will happen in the future if we have a bal- ate under a balanced budget, why cannot the budget balanced or begin that process. anced budget amendment to our Constitu- Federal Government? Well, Mr. President, I I think this is a way we can do this to ac- tion. I do not think we can say with cer- had the privilege, as you did, given me by commodate most people, rather than take tainty. And so with uncertainty, we get all the people of my State to serve as Governor. the position that it is this way or nothing. I the horror stories. And all the horror stories I even had the line-item veto. And the Ken- come from the State of Henry Clay. Henry if this does not pass; something is going to tucky Constitution states that the Gov- Clay was a great compromiser. Henry Clay happen. If it does pass, some other things are ernor—nobody else—the Governor must re- described compromise as ‘‘negotiating going to happen. duce expenditures if it is determined that hurt’’—negotiating hurt. You had to give up The implementing legislation that is re- the State would have a shortfall. But if you something most of the time that you really quired, if and when a balanced budget want to raise taxes, you have to call a spe- did not want to, and it hurt to give it up. But amendment passes, will give us some idea cial session for the purpose of raising taxes. for the sake of progress, for the sake of and eliminate some of the uncertainties, but Now we hear that we do not want to oper- bringing a consensus together, compromise ate like Governors. We just want to use them that will be the legislative branch preroga- is a pretty good thing. as operating under a balanced budget. We are tive to pass the implementing legislation. So So, we offer to the colleagues in the Senate going to give you an opportunity to say that I wish to kind of put a little oil on the water the ability to say, we are not going to dis- you do not want to operate like Governors. if I can as to all the uncertainties we have turb Social Security. I do not care what you You just want to use them as an image out been hearing about in the last few days. say about a balanced budget as long as you there that operates under a balanced budget We also hear the horror stories that if the because Governors must operate under a bal- take it out of your paycheck and put it into Simon amendment passes, the courts will be- anced budget. Then we think that is good. a Social Security account. That is where it come the legislative body. Well, we scurried But we do not want the Federal Government belongs. around and I guess now you have the Dan- to do that. We talk about capital construction of the forth amendment included in the Simon Let us follow the State procedure, if it highways. We are taxing now and not spend- amendment, because the horror story was works. And it is simple. I operated, as I said ing it. We are not spending it. We have bil- that the courts would then become the legis- earlier, under this procedure. We had an op- lions; a $15-, $17-, $18-billion surplus in the lative body of this land. They would tell us erating account and a capital account. I highway account. We are not spending it. what new taxes to impose and what pro- never vetoed a budget. I never exercised the Talk about airports capital construction; grams to cut or what all new taxes and no line-item veto in 4 years. And I left $300 mil- 10 percent of every ticket that is purchased programs cut or programs cut and no new lion in surplus. Pretty good, I thought, a lot goes into the airport improvement trust taxes. So under the Simon original amend- better than we are doing here. We had the fund. There is $7, $8 billion in there not ment the courts would have had jurisdiction operating account and we had the bond issue. building airports. What is a balanced budget over the legislative body. So we scurry We have T bills here. Whatever the legisla- going to do for that? We are already charg- around and find an amendment that will ba- tive process is, after the amendment is ap- ing the tax. sically eliminate it. Not good enough. Not proved or disapproved, if it is, right now they We can have our operating account. We can good enough because the Reid amendment are a little bit light. They call our amend- have our capital account. Some say that we says only the legislative body. ment light. But they are light in votes, and ought to balance the Federal budget like we Well, then we hear we have no way to say they are struggling now to try to figure out do our house account or our budget at home. to those of us who will make a vote, have a way to get some more. They are condemn- We have an operating account at home. That discipline because the courts will not. So ing our proposal because it has, in my opin- operating account is the amount of income whichever way you go, you can find some- ion, more common sense in it than theirs. we have. We buy a car. body on the other side. So we had our operating account. We had We can buy a car, maybe not a luxury car, It reminds me when I was president of a our bond issue. We had the payments to be but one within our means and what we can civic organization, and we had a question made out of the operating account. We paid pay for. We decide we want to buy a house, that was bothersome to me. I turned to the it. We had a balanced budget. We had a sur- and it may not be a mansion, but it is what legal counsel for the civic organization, and plus. Our estimates were pretty good. we can pay for. What we should have in an I said, ‘‘Which way should we go on this?’’ He If we had not gotten the agreement, as we operating account is our income. We make said, ‘‘Mr. President, go either way and we now have, to vote next Tuesday at 3 o’clock, those payments on those capital investments will make a heck of a case out of it.’’ And so and then 4 hours later on the second amend- that we have, and we keep our operating ac- that is what I think we find here. Go either ment, we would have had the opportunity to count balanced. I do not see anything wrong way and we will make a case on it. vote on each one of those amendments to the with it. If Governors operate that way—and We eliminate the worry of the courts tell- Simon amendment, because many in this some are beating their chests saying if Gov- ing the legislative body that is elected by Chamber felt the Simon amendment did not ernors can do it, we can do it—here is how the people what to do and what not to do, include the exclusion of the courts. That is Governors do it. I operated under it. I under- and that was our idea which was finally ac- one. Social Security is another. You would stand it. I had a veto of the budget; I had the cepted by the so-called Simon amendment. have the operating and capital construction line-item veto; all of those, when I was Gov- In 1983, the Social Security Program was accounts to vote on up or down. And we ernor. We operated out of an operating ac- in horrible shape. Everyone in this body un- would have had to vote on each one of those count and out of a capital account. It was in derstands that we were in real trouble with separately. We would delay moving towards the budget. We made our payments and we Social Security. But we all came together in a balanced budget, and the delays would had a surplus. a bipartisan way and corrected the problem have been, I think, helpful to those that op- I do not understand why that is not at with Social Security in outyears. Now they pose a balanced budget. least tickling the interest of some folks. But say the only way that you can save Social Mr. President, I interrupted the distin- we are rigid right now. ‘‘It is ours or noth- Security is a balanced budget. guished Senator from Illinois [Mr. Simon], ing.’’ Well, you may just get nothing, with a Well, we are still collecting out of my awhile ago when he was reading from the capital ‘‘N.’’ And you are light right now on check every month, and I suggest my distin- newspaper that this amendment is just a votes. If you are light on votes, why not look guished colleague from Illinois is having his stalking horse to give cover to those who at something that will be workable, because taken out every month. I do not know what want to vote for a constitutional amendment you will get some votes for this one. With that has to do with a balanced budget except that probably will not pass, and then that the others, you might just pass this amend- if it is out there you can use it to help bal- gives them a reason to vote against Senator ment. But the way you are going now, you ance the budget. SIMON. are light by several votes. So what the Reid amendment says is that Let me clear everybody’s mind. I am for a My colleague keeps talking about taxes. I after we have gone through the 1983 labor to balanced budget amendment. And I intend to do not know that this brings new taxes. That fix the Social Security question, we have in- vote for a balanced budget amendment, and one does. That is all I have heard is ‘‘the cluded in this amendment that we would not maybe two before next week is over. But courts imposing taxes.’’ Yes; we will have to touch Social Security. On this floor you hear some ideas around here might just be worth pay taxes. For the Simons resolution, the re- it. ‘‘Don’t touch Social Security.’’ Now we looking at for a moment. There might be a port was $570 in new taxes per individual in are trying to say a balanced budget saves it. moment. If you look into the future and how my State. If you want it, I will get it and That is the only way because they do not we are going to operate, this may be a pretty give it to you. Everybody quotes the paper have this exclusion in this amendment. In decent idea to try. around here. I will give you an article out of the cloakrooms you hear talk, ‘‘We have to I hear that, ‘‘Oh, well, if we are going to the paper. They do not necessarily have to be save Social Security.’’ And over the lunch vote for this, we will not have to do anything true, but we sure do quote them. So all of table we hear it, ‘‘We should not destroy So- for 7 years.’’ I thought we were under a budg- this propaganda is being put out. S 3572 CONGRESSIONAL RECORD — SENATE March 7, 1995 So I hope that those who are so rigidly During the 1980’s, we allowed the Federal what they could, they will go home proud of stuck to one amendment could at least give trust funds to run up huge surpluses. We taking the supposed moral high ground. If this one a little read; look at it a little bit. would collect a gasoline tax to fund highway that is what they want, they can have it. We take care of depression; we take care of construction but then not spend it all on What I want and what 70 percent of our Na- war; we take care of those things. I think it highways, thus creating an accounting sur- tion’s people want is a sound financial fu- is important that we have the opportunity to plus. The problem is, we did spend money ture. What they will get is more of the same put something in place. If you are going to elsewhere creating masked deficit and budg- under the Simon amendment, for standing tinker with the Constitution now, give the etary illusions. tall at the end of the day will be disenchant- Constitution something that will work. Give The Simon amendment will allow us to ment, dishonesty, and fiscal irresponsibility. it something that you think would have a continue to do this. I have a speech in my I hear so much about ‘‘if 40-some-odd Gov- chance of working. And then the implement- folder that I made back in October of 1987 ernors can operate a balanced budget, why ing legislation will set up the procedure that addressed this very issue. This particu- can’t the Federal Government.’’ whereby we use the operating account, and lar speech dealt with the Aviation trust Well, I give them an opportunity. I oper- what is the capital construction, and how do fund. At the time, it represented a $6 billion ated under it. It worked. We had a huge sur- we pay for it? Do we use T-bills for capital surplus. plus when I left the Governor’s office. We and pay the bills off? Mr. President, I say to my colleagues that had an operating account. We had a capital We heard the Senator from Illinois say that is only peanuts when compared to So- account. cial Security. According to OMB, from 1985, that it was Albert Gore, Sr. that said pay as They say operate like you do at home. At when the Social Security System started to you go and put on new taxes, and President home you have income, your salary. That is run a surplus, to 1993, it singlehandedly cov- Eisenhower was saying let us bond it and pay your operating account. You buy a car with- ered up $366 billion in Government red ink. the bonds off. That was a difference of opin- in your means. You pay that out of your op- ion then. So we taxed the payoff; rather than Social Security covered up $366 billion in Government red ink. erating account. You buy a home. You pay having an operating fund to pay off capital that out of your operating account. But your construction, pay off the bond issue. If you think that is bad, wait until we look to the future. From 1994 through the year operating account is always balanced. And So I hope that we will give this very seri- we have a time period in which to pay it off. ous consideration. I will have other things to 2001, the date that Senator Simon’s amend- ment would likely take effect, CBO projects They say, ‘‘Oh, we will never implement say before the vote comes next Tuesday, and that legislation.’’ How do you know we will I welcome any cosponsors. We have had another $703 billion in budgetary chicanery, for a grand total of $1.69 trillion worth of de- not? I have seen some amazing things come many come to us this morning to talk about out of this Chamber. I have seen people work it. We have picked up a good many votes ception. When compared with that, the deficit hid- and do the right thing. today. We are further away from passing this I think implementation of this amendment amendment than Senator Simon is, but if we den by the other trust funds are small pota- toes—only another $35 to $40 billion. Pretty will work. I think we can make it work. But combined our efforts, we would pass it. on the other hand, if we want an issue, fine. You say I am a stalking-horse? No; I am soon though, as we have heard in the past, it Stay with Senator Simon and Senator not a stalking-horse. You say I am trying to adds up to real money. We pat ourselves on Hatch. Stay with them and then have an give people cover. No; they are not getting the back and claim to cut spending and do what is right for our electorate, all the while issue when you go home. cover from this one. We have a legitimate our Social Security trust fund is full of But do you want a balanced budget amend- proposal to be given to the colleagues in the IOU’s. ment? There are enough votes with those U.S. Senate, that they can go back home and Well, I, and those who support our amend- who are supporting that amendment that we say: I voted for a Constitutional amendment ment, mean to do something about that. Our can get one. to balance the budget that is doable. amendment respects the pact our Nation Oh, I hear all this, ‘‘The House is going to The other one is, you either eliminate or made with its people many years ago. It re- make us do it.’’ I have never seen us make increase taxes, or both. I do not think this inforces it, makes it stronger, safer, and the House do anything. I have never seen the one puts you in the posture of raising taxes. more secure. Social Security is exempt from House make us do anything. So when they That is a great, great difference, in my opin- our amendment, thus securing and fortifying pass their balanced budget amendment, what ion. I have been listening very carefully as to its position as a separate trust fund. If you raising taxes and how much new tax it is is it going to do? It is going to die between do not believe me, just listen to the Gray here and there. That is what is going to hap- going to cost to pay for the Simon resolu- Panthers, and they will tell you themselves. tion, and I think it is time we take a step pen to it. It is going to die between here and I have here three letters to that effect. there. back and look at an opportunity now to have AARP, the National Alliance for Senior Citi- a balanced budget amendment. I do not have ‘‘Oh, we will be forced into it.’’ Nope. The zens, and the National Committee to Pre- House will not do that to us. We will not do the words to get you out on the edge of the serve Social Security and Medicare, all en- seat or the ability to say, boy, that is it. I it to the House. So if you want a balanced dorse Social Security’s treatment under this budget amendment operated like Nebraska just do not have that ability. amendment. I do believe sincerely that we have an was operated, like Kentucky was operated, I Other trust funds will be treated honestly will guarantee you that we can do the right amendment that is important, an amend- as well. They will be considered as a part of ment that should be considered, and maybe, thing. the capital budget that invests in infrastruc- That is what it is all about here today, to just maybe, we can put our two groups to- ture and development. Building highways do the right thing. We have an operating gether and say that we have a resolution and airports pays dividends in the future budget. We are going to pay this in 10 years. here that could be doable; it is workable, and through higher productivity and job oppor- The slice is in here. We have IOU’s in the So- we could vote for a balanced budget, and the tunity and growth. Social Security and these cial Security. We are going to buy it. It is in future of Senator Simon’s unborn grand- other trust funds did not cause the deficit, children will be saved. and under our amendment they will not be operating. We buy it, pay it off. So Social Se- I yield the floor. used to hide the deficit either. This is honest curity is sound. I do not understand why it budgeting and a workable balanced budget takes a brain surgeon to understand how you [From the Congressional Record, Mar. 1, amendment. operate a budget the way the States do. 1994] Mr. President, time is short and a vote on And so, Mr. President, I would hope that The PRESIDING OFFICER. The Senator from the Reid-Ford-Feinstein balanced budget we would reconsider between now and 3 Kentucky [Mr. FORD] is recognized for 10 amendment is near. Unfortunately, I fear o’clock this afternoon that this is an oppor- minutes. that it is not near passage but defeat. Stand- tunity to pass a balanced budget amendment Mr. FORD. Mr. President, I have but a few ing beside that defeat will be a good faith ef- that will work and will give us a financially minutes to speak this morning on behalf of fort of those who are truly concerned about sound future, not only for ourselves but for the Reid-Ford-Feinstein balanced budget the world that we leave for future genera- our children and our grandchildren. amendment. So I will concentrate my re- tions. Standing beside that defeat will be the I hear my distinguished friend say he is marks this morning on trust. last attempt of this Congress to face reality going to do it for his unborn grandchildren. The public trusts the Congress to keep the and tackle an ever-crippling debt and deficit I have five. The Senator is no ‘‘Lone Rang- Nation’s finances in order. Nowhere is that problem. Standing beside that defeat will be er.’’ I am just as worried about my grand- agreement and that trust more evident or faith in Government. I support the efforts of children as he is. And I think I have a pretty more important than in governing the Social my friend and colleague from Illinois to take good idea. I have had to work under it. I had Security trust fund. on this persistent fiscal dishonesty, but his to operate it. I understand how it works. In the debate over our amendment and the version of the amendment will go down to There are few in this Chamber who do. You Simon amendment, honesty and protection defeat as well. will find that most of those will vote for this of the trust fund have played a very big role. The Reid-Ford-Feinstein amendment is the amendment because it works. Right now, surpluses in the trust funds are only amendment that could stand the chance Do it like the Governors do; pass the Reid being used to hide the true amount of the of final passage. We all know that. Yet amendment. Do it like you do at home and deficit. The biggest example of this is in So- standing by the defeat of yet another bal- operate your own budget; pass the Reid cial Security, but it is by no means alone in anced budget will be my colleagues from the amendment. It is just that simple, Mr. Presi- this distinction. other side of the aisle. Instead of getting dent. March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3573 I do not know how much time I have re- the balanced budget amendment. They put But today won’t be the last day. Senator maining, but I will reserve it. party above the interests of the children of Bob Dole has said he will bring it up to vote Mr. FORD. Mr. President, because of their state. on again. Between now and then I hope you the way that the quotes were lifted Their hypocrisy extends even to the ex- and every other outraged American let these cuses they’re scrambling for. The six Demo- senators hear from you. from my speeches, this action can only crats who today defeated the balanced budg- be viewed as intentional. Senator LOTT et amendment are trying to use Social Secu- falsely states that I was talking about rity as a cover for their flip-flop, but in 1993 THE DEFEAT OF THE BALANCED BUDGET the balanced budget amendment that the same six voted to cut Social Security in- AMENDMENT: HYPOCRISY ON THE RECORD had been introduced by his side of the come by raising taxes on beneficiaries. They In 1992, Byron Dorgan (D-N.D.) ran a cam- aisle when, in fact, I was speaking voted for a virtually identical balanced paign ad touting his support for a balanced about my own substitute amendment, budget amendment last year without any budget amendment. In the ad, he looks at with other Senators here, one that, mention of Social Security. The fig leaf the camera (as the state’s voters) squarely in they‘re trying to hide behind wouldn’t hide a the eye and says: ‘‘This country’s in deep among other things, excluded Social gnat. Security. This action can only be trouble. Everybody knows that. The question Clinton, the liberal Democrats in the Sen- is, what can we do about it. Well, we can viewed as irresponsible. ate and the big-spending special interests fight to change things. I’m convinced we can Further reading of my original quote might have succeeded in stopping passage of put this country back on track, but to do it, the balanced budget amendment today, but clearly indicates I was advocating the we’ve got to put an end to these crippling the voters will have the last word. same position a year ago that I advo- budget deficits. So here’s what I’m fighting cated on the Senate floor last week and HALEY’S COMMENT BY REPUBLICAN NATIONAL to do.’’ He then unveils the ‘‘Dorgan Plan’’ that I remain committed to today: En- COMMITTEE CHAIRMAN HALEY BARBOUR and describes its final, critical component: suring that Social Security is not used ‘‘I’m working for a constitutional amend- A lot of Americans are very mad tonight ment that forces a balanced budget.’’ He to balance the budget. . . . very mad at Bill Clinton and the Demo- even voted for the balanced budget amend- The truth of the matter is that this crats in Congress who defeated the balanced error has backfired. This attempt to budget amendment by a single vote this ment—with no strings attached—in the 1994 discredit me and my intentions has in- afternoon. campaign year, saying ‘‘I am convinced that stead shown from day 1 that I have had According to a CBS/New York Times poll, it is the right thing to do and the necessary 79% of Americans support passage of the bal- thing to do.’’ (Congressional Record, March serious reservations about what could 1, 1994) happen to Social Security. While I was anced budget amendment, and no wonder. The budget has been balanced only one year Tom Daschle (D-S.D.), who voted for the voicing my concern about Social Secu- since 1960. Under Bill Clinton’s new budget balanced budget amendment—no strings at- rity, my colleagues on the other side of the deficit goes up, and it stays at the $200 tached—last year, had made his support of the aisle were putting together propos- billion level for the rest of the century. In the balanced budget amendment a central als to carve up the Social Security 2002, the year this amendment would have issue in his campaign in 1986, airing an ad trust fund. required a balanced budget, Clinton’s budget showing red ink pouring over the Constitu- Mr. President, I have papers right deficit will be $320 billion. tion as the announcer reads: ‘‘The national here, drafted in the form of a bill, The voters know the only way to stop the debt. America is awash in red ink. But in which show the amount of Social Secu- spending spree is through the constitutional 1979, Tom Daschle saw the damage these deficits could do to our country. His first of- rity moneys that would be used from discipline of this amendment. The big-spend- ing liberals know that too, so they joined ficial act was to sponsor a constitutional the trust fund. That was offered to me Bill Clinton in pulling out all stops to kill amendment to balance the budget. For seven as an alternate proposal. They were the amendment. years, Tom Daschle has battled party leaders going to use the Social Security trust In the end, the left focused on six Demo- and special interests to cut waste and close fund. This one is for 10 years. crat senators, who had voted for the vir- loopholes.’’ Apparently, he just wasn’t up to Generally, something like this might tually identical amendment just last year. the battle anymore this year, when he caved be passed off as an isolated incident. Clinton and company needed all six. If any to President Clinton. But, unfortunately, this appears to be one voted for the amendment, it would pass. Dianne Feinstein (D-Calif.) saw fit last one segment of a large Republican Na- Last year Fritz Hollings of South Carolina year—when she was up for reelection—to said on the Senate floor, in support of the tional Committee strategy, and I sub- support the balanced budget amendment, no balanced budget amendment, ‘‘No more wea- strings attached. She, too, put her support mit further proof of the scurrilous ac- seling, no more excuses, just make the hard for the amendment on public display in a tivities RNC releases that commit the choices and balance the budget.’’ Today Hol- campaign ad, which touts her ‘‘courageous same wrongs. lings weaseled; he voted no. votes for the balanced budget amendment’’ Mr. President, I submit those for the Wendell Ford of Kentucky voted for the as central to her fight to ‘‘create jobs and record and ask unanimous consent amendment in 1986 and 1994, when he said we get California’s economy going again.’’ The they be printed in the RECORD. needed a constitutional amendment to re- tag line of the ad says, ‘‘She’s our Senator, There being no objection, the mate- gain control of spending. In his speech in Dianne Feinstein.’’ From her flip-flop today, rial was ordered to be printed in the support of the constitutional amendment, he it appears she’s now Bill Clinton’s Senator. referred to Congress as representatives of the Wendell Ford (D-Ky.) voted for the bal- RECORD, as follows: people. Today Ford decided he’d be a rep- anced budget amendment both in 1986 and [RNC News Release, Washington, DC, Mar. 2, resentative of the Democrat Party instead. 1994. Last year he said, ‘‘We as a Congress 1995] So he turned his back on the people of Ken- and, being the representatives of the people, STATEMENT BY RNC CHAIRMAN HALEY tucky, and voted no. as a nation must begin to regain control of BARBOUR FOLLOWING THE SENATE BALANCED Tonight you’ve seen the Daschle, Dorgan our spending policies. We need something BUDGET AMENDMENT VOTE and Feinstein campaign ads, extolling their that forces us to do this. An amendment to By blocking passage of the balanced budget support of the balanced budget amendment. the Constitution would do just that.’’ (March amendment, Bill Clinton and the Democrats No wonder people are cynical. Voters have 1, 1994) Today, as the third-ranking Demo- who voted against it in the Senate today grown accustomed to Bill Clinton promising crat in the Senate, he sided with his party, made the difference between Republican one thing but doing just the opposite; saying taking the opposite position from a majority leadership and Democrat retrenchment more what you want to hear during the election, of the people of his state. crystal clear than ever. While Republicans but never intending to do it. Now we’ve Ernest Hollings (D-S.C.) voted for the bal- are keeping our promise to end business-as- learned this tactic is contagious in the Dem- anced budget amendment both in 1986 and usual in Washington, Clinton and his Clinton ocrat Party. All six of these senators—Dor- 1994. When he voted for it last year, he said: Corps in the Senate banded together in a bla- gan, Daschle, Hollings, Feinstein, Ford and ‘‘By writing a balanced budget amendment tant exercise of politics-as-usual. Bingaman voted no today, despite what they into the basic law of the land, we will compel Tom Daschle, Jeff Bingaman, Dianne Fein- had said in the past. They formed the hypo- Washington to do its job. No more weaseling. stein, Wendell Ford, Byron Dorgan, and Fritz critical Clinton Corps, who told their con- No more excuses. Just make the hard choices Hollings have become apprentices in The stituents they’re for the balanced budget and balance the budget. And do not be sur- Clinton School, where the fine art of saying amendment but voted against it today. prised when a balanced U.S. budget turns out one thing, but doing another is taught. They It is not lost on the voters that at the to be the best economic growth program this told the people of their states they were for same time Republicans are keeping our word country has ever seen.’’ (Congressional a balanced budget amendment. They voted by fulfilling the mandate given us by the Record, March 1, 1994) for a balanced budget amendment in the American people last November, it was past, some of them more than once. But Democrats, breaking their promises, that Mr. FORD. I for one am fed up with when Clinton and the Democrats needed caused the balanced budget amendment to this type of political mudslinging. It them, they switched their votes and defeated lose today. does a disservice to serious discussion S 3574 CONGRESSIONAL RECORD — SENATE March 7, 1995 of the issue, and I hope that the Amer- year was similar to that of the Senator this up, that we did not talk about ican people are tired of it, too. I hope from Kentucky [Mr. FORD]. this. And they put in the RECORD part that this incident forces my colleague Other Senators have spoken on the of the statement and left all of this and his associates at the RNC to actu- floor of the Senate about our sincerity out. ally read the full text of my speeches in working to protect Social Security. Now, I hope it is an accident because and stop the blatant misrepresenta- They were asking—about the Senator accidents happen. But maybe we can be tion. from Kentucky, my colleague from accurate with each other about what And Mr. President, from the National North Dakota, the Senator from Cali- we did or did not do and what we said Journal’s Congressional Daily, they fornia, myself and others—these other or did not say. Maybe we can decide have a quote on page 8 of March 2. Senators were wondering where were that we respect each other’s views. We On Wednesday, Ford’s Washington office we last year when we voted on the differ. We feel strongly about things on received 407 phone calls supporting the bal- same identical balanced budget amend- this floor, and we represent the people anced budget amendment and 765 opposing ment? Senators were asking why we the best we can. But I think that we it, according to the office spokesman. The were not worried then. Why did we not, ought to understand that what we ratio has remained about the same through- et cetera, et cetera. should give each other in this Chamber out the week in the Washington and State And then they put parts of our state- is not just the truth but the whole offices, he said. In addition, Republican Na- ments in the RECORD. The problem is truth, the whole truth. We do not need tional Chairman Haley Barbour shrugged off that what they put in was not all of the to in any way—and I would never, and a claim by FORD that RNC ads running in FORD’s home State of Kentucky backfired statements, but simply a couple of I will not impugn motives here—but I and helped solidify FORD’s position on the paragraphs. do not think we should ever intend, nor amendment. Let me read, if I might, from last do I expect anyone would ever intend, And I quote Mr. Barbour. Mr. year’s statement that I made on the to misrepresent. Barbour says, and I quote: floor of the Senate. Let us see whether So believing that to be the case, I the Senator who mentioned this state- hope others who will take the floor in ‘‘I was born at night but not last night,’’ Barbour said, adding that he does not believe ment might want to modify his re- the future will not ever again say this: ‘‘any member of the United States Senate marks, because I think, if he had Where were they last year? Why were could vote against the wishes of his constitu- known all of what I had to say last they not making these kinds of rep- ents merely because he got his feelings hurt year, he might have spoken differently resentations last year? by a TV ad.’’ last week. These are my words last I will not read this a second or third Now, Mr. President, I was born at year on the Senate floor. I said to Sen- time, but anybody who heard what I night, but I was not born last night. ator SIMON: just read could not fail to understand. What I said was when they started run- I would like to ask the Senator a question If you heard, you cannot fail to under- ning the ads against me in Kentucky, about the Social Security issue. stand I raised exactly the same points it stirred up a hornet’s nest. It caused We are now, by design, running surpluses last year as I raised this year. other groups that were opposed to the in the Social Security system in order to I hope I do not hear someone again prepare for the time when we will need them, amendment to gear up. They put on make the mistake, and I assume it is a when the baby boomers retire. I do not want mistake, not to include those state- radio ads; they put on TV ads, and they to be in a situation where we use those sur- stirred it up. If he had left it alone— pluses to balance the Federal budget. That ments I made in the Chamber last year that is what I am saying. He stirred up would be dishonest. in representations that they bring to the activity himself, and it did not If we did that, we would, in effect, steal the floor this year. hurt my feelings. I am a grown man. I money from a trust fund. We collect this All of us understand what a lot of have been around a long time. Dad told money from the payroll taxes, out of work- this is. It is a lot of politics. That is me, in politics, when they tear the hide ers’ paychecks and businesses, and we assure fine. We operate in a political system. them that this money will go into a trust off of you, just remember it grows back I am not defensive about it. I just be- fund. We promise people that it will be used lieve that when we discuss things with and you are tougher. only for trust fund purposes. You are looking at one tough son of If we use that money to offset the operat- each other, let us do it with all the a gun today, Mr. President. I just want ing budget deficits, we are misusing that facts, let us do it with the truth and people to understand, lest we forget, money. We cannot allow that to happen. the whole truth. they put that out and misquoted us That is me speaking last year, not That is what I hope to do with all of again. They misquoted us again. I this year. my colleagues in this Chamber. That is think that the record ought to be made Again, quoting myself, speaking last what I hope they would do with me as straight, and I have all the documenta- year. well. I appreciate the Senator from Ken- tion necessary to prove that this state- The fact is we must not count the surplus ment of mine was lifted from the between now and the year 2035. Between now tucky yielding. RECORD, not actually the statement I and then we will have an enormous bubble of Mrs. FEINSTEIN. May I ask the Sen- made. It was a statement I made as it surplus * * *. ator from Kentucky to yield for an ad- related to a substitute amendment The reason we increased taxes on payrolls ditional statement? that we thought would be a better in this country is we decided we must force Mr. FORD. Mr. President, the Sen- amendment that would work better for national savings to meet a need after the ator can get the floor in her own right. turn of the century. To fail to do so is irre- the American people and, yes, would The PRESIDING OFFICER. The Sen- sponsible. ator from Kentucky does not have the help our children and our grand- That is why I say to the Senator from Illi- children. nois (speaking to Senator Simon that day) floor. And so, Mr. President, I make this that—whether it is under the current budget Mr. FORD. The Senator can get it in statement just to defend myself be- scheme in Congress without respect to this her own right. cause I do not want this statement to constitutional amendment, or whether it is Mrs. FEINSTEIN addressed the hang out there longer because it would, with respect to a constitutional amend- Chair. I think, be detrimental to what I hope ment—we must do the right thing with re- The PRESIDING OFFICER. The Sen- spect to the Social Security trust funds. The my constituents understand and what I ator from California. right thing is not to count them in the bal- Mrs. FEINSTEIN. May I speak as in believe to be the facts. anced budget computation. Mr. DORGAN. Mr. President, I won- That is the only way to achieve national morning business? der if the Senator will yield 1 minute. forced savings that we promised the workers The PRESIDING OFFICER. Without Mr. FORD. Mr. President, I yield to and businesses in this country we were going objection, it is so ordered. the Senator from North Dakota. to achieve. f Mr. DORGAN. Mr. President, I want- Now, I read that to say that is what ed to follow on those comments by say- I said in the Chamber last year, and CORRECTING THE BALANCED ing that my experience with respect to yet Senators have come to the floor BUDGET AMENDMENT DEBATE information put in the CONGRESSIONAL and wondered where I was last year. Mrs. FEINSTEIN. Mr. President, I RECORD about statements I made last Senators said that we did not bring also would like to correct the record, March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3575 and so I rise today to set it straight. I If I might just quickly restate my bates of the No. 1 one public policy am reacting to the fact again that the views, because I believe it is impor- forum of the United States, the U.S. Senator from Mississippi submitted a tant. Let me speak as someone who Senate. portion of my floor statement from does believe in a balanced budget I believe we have a right to listen to balanced budget debate last year and amendment. It may not be the same debate. I believe we have a right to try incorrectly described the context of my identical one you believe in, Mr. Presi- to forge a better amendment. And I remarks, and I would like to put those dent, but then that is why we are legis- think taking Social Security out of the remarks in context. lators, to legislate, hear the ebb and balanced budget amendment does in The Senator claims in the CONGRES- flow of debate, make up our minds, and fact make it a better amendment and SIONAL RECORD that the statement was improve legislation. I quite genuinely there is a way to compensate for the made in response to the balanced budg- believe, and I think the figures will loss and that is by doing something et amendment as submitted by Sen- corroborate, that we can take Social that most States and every big city in ators SIMON and HATCH. In fact, there Security off budget, create a capital this Nation does, which is fund their were two proposals last year on the budget—as the city of which I was major capital improvements through a balanced budget amendment. The mayor does, as the State of California capital budget. statement that is attributed to me was does, as more than 40 other States do— Mr. President, I thank you for the made in reaction and in support of the and actually, by so doing, have less opportunity and I yield the floor. balanced budget amendment proposed trouble balancing the budget by the Mr. LOTT. Mr. President, last week, by Senator REID, which would have year 2002 than we would if the present I inserted in the RECORD a list of protected the Social Security trust balanced budget amendment passed. quotations concerning the balanced fund. I would like to put the statement Now, perhaps the Federal Govern- budget amendment, from several of our submitted by the Senator from Mis- ment is so far removed from States or colleagues who voted against the bal- sissippi in context by briefly reading a cities that they cannot countenance fi- anced budget amendment on March 2 of couple of paragraphs from my floor nancing large items of capital like air- this year. Those quotes demonstrated speech made on February 24, 1994. craft carriers, at $1 billion per, through their support for the balanced budget I am here to speak on behalf of the Reid a capital budget, but I think we can. I amendment in earlier years, especially amendment. I believe it is improved over the think there is room for people to have in 1994, when there was little chance Simon amendment. This amendment would different views about a balanced budget that it would actually pass. protect Social Security. I do not believe that amendment. And I hope that, as others Earlier this afternoon, our distin- the trust fund should be used to balance the state our views, that they would do so guished colleague from Kentucky, Sen- budget. It would allow the creation of a cap- ital budget (that is this amendment), just as correctly. ator FORD, suggested an error in the many cities and States do now. It would I have heard many Members support- words attributed to him. As I under- allow flexibility in times of recession. And it ing a balanced budget amendment stood him, he has not claimed that he would keep the courts from mandating ac- say—and heard one on tape just a half- never said the words I quoted him as tions that are legislative prerogatives. hour ago—‘‘We have no intentions of saying. But rather, he said them in These changes make this amendment a using Social Security to balance the support of a substitute amendment to much more workable balanced budget budget.’’ That is wrong. Social Secu- the balanced budget amendment, not in amendment. rity’s revenues would be used in the support of the original legislative lan- There are many in this body who believe balanced budget amendment recently guage. that amending the Constitution is very voted on to balance the budget. That substitute—a Reid-Ford-Fein- strong medicine, perhaps too strong. I have listened very carefully to those arguments. Why do I believe that Social Security stein amendment—had the effect of ex- But I have come to the conclusion that with- is as important a contract with Amer- empting Social Security from the con- out the strong medicine the patient is not ica as the revisionist Contract With stitutional strictures of the balanced going to heal. America? The reason I believe it is be- budget amendment. People have said to me: You come from cause for years people have been pay- The Senator is correct in pointing California and you supported an amendment ing FICA taxes with the assurance that that out. The words I quoted were spo- for earthquake disaster relief that was off those taxes are not used for budget ken on March 1, 1994, in support of that budget. purposes, they are used for their retire- substitute amendment, which, because Yes, I did. Disaster relief for floods was off budget. Disaster relief for Hurricane Iniki ment. That is a contract with America. of its Social Security exclusion, did was off budget. Disaster relief for Hurricane You pay 6.2 percent of your salary, differ from the balanced budget amend- Andrew was off budget. So why should Cali- your employer matches it, the Federal ment the Senator voted against on fornia be treated any differently? That is Government holds that and invests it March 2 of this year. why we need an amendment to make every- in Treasury bills, and you get it back If I had been aware of that, I would one play by the same rules. as you retire. have duly noted it in the material in- I think this is the heart of the matter. If I believe that obligation ought to be serted in the RECORD, but not read. So people believe that under our present way of kept intact. If we find we cannot keep I apologize to the Senator for that doing business we can balance this budget, then they should vote against a balanced the obligation intact because more misimpression. But in the interest of budget amendment. people are retiring and not enough are fairness, I think we should lay out the This is the part that I was quoted in. earning, then the system needs adjust- whole story. As another of our col- ment. And I am the first one to say leagues said here this afternoon, we If in their heart of hearts they believe we that. Or the money is not going to be want, not just the truth but the whole are not going to be able to balance the budg- et under the current process, then I believe there, do not make young working peo- truth. they should support the balanced budget ple with young families pay the FICA And the whole truth is that, after our amendment. At least that is the conclusion tax today. Do the honest thing and distinguished colleague from Kentucky to which I have come. Without a constitu- cancel the FICA tax. spoke those quoted words in support of tional amendment, a balanced budget just is So I think there are very major and the Reid-Ford-Feinstein amendment, not going to be achieved. legitimate public policy questions at that amendment was rejected by the That is the context of my remarks, play in this balanced budget amend- Senate by a vote of 22 to 78. out of which one paragraph was taken ment and I hope that the mentality The next vote came 5 hours later. It and attributed to my not being con- that I have been surprised to see in the was a vote on final passage of Senate cerned about Social Security last year. last week—which is almost the mental- Joint Resolution 41, the balanced budg- I submit this as proof that I was con- ity that anyone who dares disagree et amendment virtually identical to cerned about Social Security last year. with the great pundits and proponents the one narrowly defeated by the Sen- This year I presented a substitute of the balanced budget amendment is ate only last week. And on that vote, amendment which was the balanced not quite as good an American and Senator FORD voted ‘‘yea.’’ budget amendment with Social Secu- does not have the right to disagree— Let me make that clear. Although rity excluded, and it lost before this would cease. I think that makes a the Senator’s words I quoted were di- body. mockery out of the public policy de- rected toward the Reid-Ford-Feinstein S 3576 CONGRESSIONAL RECORD — SENATE March 7, 1995 substitute amendment, the Senator bate in the best Senate tradition per- Senate entitled ‘‘Appointment of Com- from Kentucky did indeed vote for the suaded some that the amendment was mittees.’’ original balanced budget amendment the right thing and some that it was There being no objection, the mate- last year which was basically identical the wrong thing. That is exactly what rial was ordered to be printed in the to the one we voted on this year which the constitutional Framers intended RECORD, as follows: he voted against. when they set up the difficult amend- RULE XXIV Methinks, maybe, he protest too ing process laid out in the Constitu- APPOINTMENT OF COMMITTEES much. tion. But the Framers probably did not 1. In the appointment of the standing com- I was raised to believe that actions foresee the aftermath of political gue- mittees, or to fill vacancies thereon, the speak louder than words. And the point rilla-warfare tactics that is now in Senate, unless otherwise ordered, shall by of my remarks in the RECORD last week progress, nor would they have under- resolution appoint the chairman of each such was that the actions of several of our stood or appreciated this particular un- committee and the other members thereof. colleagues with regard to the balanced fortunate turn of events. On demand of any Senator, a separate vote budget amendment last year just do Attack ads are already running in shall be had on the appointment of the chair- not compute, as Dr. Spock would say, man of any such committee and on the ap- the States of certain Members who pointment of the other members thereof. with thier actions this year. could not support the amendment this Each such resolution shall be subject to I do regret any inconvenience to the year because of its glaring deficiencies. amendment and to division of the question. Senator caused by the publication of Because of the thorough examination 2. On demand of one-fifth of the Senators his quote from 1994. And I want to as- of the amendment on this floor and present, a quorum being present, any vote sure him that all future quotes will be elsewhere, the constitutional amend- taken pursuant to paragraph 1 shall be by triple-checked for their precise par- ment has been somewhat discredited. ballot. liamentary context. The idea has lost some support with 3. Except as otherwise provided or unless But at the same time, those of us otherwise ordered, all other committees, and the people and in its present form, it the chairmen thereof, shall be appointed in who truly support a balanced budget has lost the support of some Senators the same manner as standing committees. amendment owe it to the public—to who had supported it in the past. There 4. When a chairman of a committee shall the taxpayers—to make clear why that is nothing unusual about that. Propos- resign or cease to serve on a committee, ac- amendment was defeated, at least tem- als often fall out of favor when careful tion by the Senate to fill the vacancy in such porarily, in this body last week. examination reveals their flaws. That committee, unless specially otherwise or- It was defeated because several Sen- is healthy. That is good for the Repub- dered, shall be only to fill up the number of ators who voted for its exact language lic. That is representative democracy. members of the committee, and the election of a new chairman. 1 year ago found some reason, some ex- But, the ugliness which continues to cuse, to change their position 180 de- pervade the air on the days after the Mr. BYRD. Mr. President, I yield the grees this year. amendment’s defeat is unwarranted, floor. Whatever their reasons for doing so, unwise, and to be regretted. f that abrupt change is what is at issue Senators who have used their best EMERGENCY SUPPLEMENTAL AP- here. It is what the public is asking judgment are under attack and in the PROPRIATIONS AND RESCIS- question about. And, in some cases, it most extreme of cases one Senator, it SIONS ACT OF 1995 may be difficult to explain. is rumored, has been threatened with One thing is for sure: No one can ex- his position on a Senate committee. The PRESIDING OFFICER. Under plain away that radical change in posi- When Senators are asked to check the previous order, the Senate will now tion regarding the balanced budget their integrity at the door to continue proceed to consideration of H.R. 889 amendment by pointing to the Reid- in good standing their membership in which the clerk will report. Ford-Feinstein substitute of 1994. That any political party, something is very, The bill clerk read as follows: substitute was indeed the subject of very wrong. When a Senator has to sub- A bill (H.R. 889) making emergency supple- Senator FORD’s remarks as I quoted ordinate his conscience and his dedica- mental appropriations and rescissions to pre- them, but it ws the original, un- tion to the Constitution of the United serve and enhance the military readiness for touched, unamended, unaltered, au- States to any political party, then we the Department of Defense for the fiscal year thentic balanced budget amendment have come to a very poor pass in this ending September 30, 1995 and for other pur- poses. for which he voted on March 1, 1994. Senate and in this country. When And it was the same amendment, Members of the Senate are subjected to The Senate proceeded to consider the with only the beneficial addition of hit-list tactics because of their posi- bill which had been reported from the Senator NUNN’s language concerning tion of conscience on an important Committee on Appropriations, with the federal judiciary, which he voted constitutional amendment, somewhere, amendments; as follows: against on March 2, 1995. somebody’s perception of the word (The parts of the bill intended to be Mr. BYRD addressed the Chair. ‘‘Honorable’’ is seriously off track. And stricken are shown in boldface brack- The PRESIDING OFFICER. The Sen- when losing a fair fight prompts the ets and the parts of the bill intended to ator from West Virginia. loud public ‘‘chewing of rags’’ which we be inserted are shown in italic.) Mr. BYRD. Mr. President, I ask unan- have seen since last Thursday evening, H.R. 889 imous consent that I may speak for not everybody loses, including the Nation. Be it enacted by the Senate and House of Rep- to exceed 10 minutes as in morning I hope that the coming days will see resentatives of the United States of America in business. a restoration of sanity and comity in Congress assembled, øThat the following sums The PRESIDING OFFICER. Without this body. What we need to do now is to are appropriated, out of any money in the objection, it is so ordered. Treasury not otherwise appropriated, to pro- get on with the business of reducing vide emergency supplemental appropriations f the deficit, which is what the American for the Department of Defense to preserve people have really asked us to do. This and enhance military readiness for the fiscal THE BALANCED BUDGET Senate which so distinguished itself year ending September 30, 1995, and for other AMENDMENT FIGHT only last week with a wise and coura- purposes, namely: Mr. BYRD. Mr. President, the bal- geous decision on the balanced budget øTITLE I anced budget amendment fight has amendment, must cease the self-de- øEMERGENCY SUPPLEMENTAL ended for the moment, but some rather structive and embarrassing threats and APPROPRIATIONS unattractive reverberations seem still recriminations and once again distin- øDEPARTMENT OF DEFENSE—MILITARY to be echoing in this Chamber and guish itself by a serious attempt to do øMILITARY PERSONNEL around this city. Honorable men and the people’s business. That is what we øMILITARY PERSONNEL, ARMY women wrestled with their consciences are all elected and expected to do. øFor an additional amount for ‘‘Military and did the best that they could to Mr. President, for the information of Personnel, Army,’’ $69,300,000: Provided, That reach the right decision on the bal- Senators, I ask unanimous consent to such amount is designated by Congress as an anced budget amendment to the Con- include in the RECORD at this point emergency requirement pursuant to section stitution. Thirty days of good solid de- rule XXIV of the Standing Rules of the 251(b)(2)(D)(i) of the Balanced Budget and March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3577 Emergency Deficit Control Act of 1985, as øPROCUREMENT øRESEARCH, DEVELOPMENT, TEST AND amended. øOTHER PROCUREMENT, ARMY EVALUATION øMILITARY PERSONNEL, NAVY øFor an additional amount for ‘‘Other Pro- øRESEARCH, DEVELOPMENT, TEST AND øFor an additional amount for ‘‘Military curement, Army,’’ $28,600,000, to remain EVALUATION, ARMY Personnel, Navy,’’ $49,500,000: Provided, That available until September 30, 1997: Provided, such amount is designated by Congress as an That such amount is designated by Congress ø(RESCISSIONS) emergency requirement pursuant to section as an emergency requirement pursuant to øOf the funds made available under this 251(b)(2)(D)(i) of the Balanced Budget and section 251(b)(2)(D)(i) of the Balanced Budget heading in Public Law 103–139, $28,300,000 are Emergency Deficit Control Act of 1985, as and Emergency Deficit Control Act of 1985, rescinded. amended. as amended. øOf the funds made available under this øMILITARY PERSONNEL, MARINE CORPS øOTHER PROCUREMENT, AIR FORCE heading in Public Law 103–335, $19,700,000 are rescinded. øFor an additional amount for ‘‘Military øFor an additional amount for ‘‘Other Pro- Personnel, Marine Corps,’’ $10,400,000: Pro- curement, Air Force,’’ $8,100,000, to remain øRESEARCH, DEVELOPMENT, TEST AND vided, That such amount is designated by available until September 30, 1997: Provided, EVALUATION, NAVY Congress as an emergency requirement pur- That such amount is designated by Congress suant to section 251(b)(2)(D)(i) of the Bal- as an emergency requirement pursuant to ø(RESCISSIONS) anced Budget and Emergency Deficit Control section 251(b)(2)(D)(i) of the Balanced Budget øOf the funds made available under this Act of 1985, as amended. and Emergency Deficit Control Act of 1985, heading in Public Law 103–139, $1,200,000 are øMILITARY PERSONNEL, AIR FORCE as amended. rescinded. øFor an additional amount for ‘‘Military øOTHER DEPARTMENT OF DEFENSE øOf the funds made available under this Personnel, Air Force,’’ $71,700,000: Provided, PROGRAMS heading in Public Law 103–335, $58,900,000 are rescinded. That such amount is designated by Congress øDEFENSE HEALTH PROGRAM as an emergency requirement pursuant to øFor an additional amount for ‘‘Defense øRESEARCH, DEVELOPMENT, TEST AND section 251(b)(2)(D)(i) of the Balanced Budget Health Program,’’ $14,000,000: Provided, That EVALUATION, AIR FORCE and Emergency Deficit Control Act of 1985, such amount is designated by Congress as an as amended. ø(RESCISSIONS) emergency requirement pursuant to section øRESERVE PERSONNEL, NAVY 251(b)(2)(D)(i) of the Balanced Budget and øOf the funds made available under this øFor an additional amount for ‘‘Reserve Emergency Deficit Control Act of 1985, as heading in Public Law 103–139, $93,800,000 are Personnel, Navy,’’ $4,600,000: Provided, That amended. rescinded. øOf the funds made available under this such amount is designated by Congress as an øTITLE II emergency requirement pursuant to section heading in Public Law 103–335, $75,800,000 are RESCINDING CERTAIN BUDGET 251(b)(2)(D)(i) of the Balanced Budget and ø rescinded. Emergency Deficit Control Act of 1985, as AUTHORITY RESEARCH, DEVELOPMENT, TEST AND amended. øDEPARTMENT OF DEFENSE—MILITARY ø EVALUATION, DEFENSE-WIDE øOPERATION AND MAINTENANCE øOPERATION AND MAINTENANCE øOPERATION AND MAINTENANCE, ARMY øOPERATION AND MAINTENANCE, AIR FORCE ø(RESCISSIONS) øFor an additional amount for ‘‘Operation ø(RESCISSION) øOf the funds made available under this and Maintenance, Army,’’ $958,600,000: Pro- øOf the funds made available under this heading in Public Law 103–139, $77,000,000 are vided, That such amount is designated by heading in Public Law 103–335, $15,000,000 are rescinded. Congress as an emergency requirement pur- rescinded. øOf the funds made available under this heading in Public Law 103–335, $491,600,000 are suant to section 251(b)(2)(D)(i) of the Bal- øOPERATION AND MAINTENANCE, DEFENSE- rescinded. anced Budget and Emergency Deficit Control WIDE Act of 1985, as amended. ø(RESCISSION) øRELATED AGENCIES øOPERATION AND MAINTENANCE, NAVY øOf the funds made available under this øNATIONAL SECURITY EDUCATION TRUST FUND øFor an additional amount for ‘‘Operation heading in Public Law 103–335, $18,800,000 are and Maintenance, Navy,’’ $347,600,000: Pro- rescinded. ø(RESCISSION) vided, That such amount is designated by øOf the funds made available under this Congress as an emergency requirement pur- øENVIRONMENTAL RESTORATION, DEFENSE heading in Public Law 102–172, Public Law suant to section 251(b)(2)(D)(i) of the Bal- ø(RESCISSION) 103–50, Public Law 103–139, and Public Law anced Budget and Emergency Deficit Control Of the funds made available under this ø 103–335, $161,287,000 are rescinded: Provided, Act of 1985, as amended. heading in Public Law 103–335, $150,000,000 are That the balance of funds in the National Se- rescinded. øOPERATION AND MAINTENANCE, MARINE curity Education Trust Fund (established CORPS øFORMER SOVIET UNION THREAT REDUCTION pursuant to section 804 of the David L. Boren øFor an additional amount for ‘‘Operation ø(RESCISSION) National Security Education Act of 1991 (50 and Maintenance, Marine Corps,’’ $38,000,000: øOf the funds made available under this U.S.C. 1904)), other than such amount as is Provided, That such amount is designated by heading in Public Law 103–335, $80,000,000 are necessary for obligations made before the Congress as an emergency requirement pur- rescinded. date of the enactment of this Act, is hereby suant to section 251(b)(2)(D)(i) of the Bal- øPROCUREMENT reduced to zero: Provided further, That no anced Budget and Emergency Deficit Control outlay may be made from the Fund after the AIRCRAFT PROCUREMENT, AIR FORCE Act of 1985, as amended. ø date of the enactment of this Act other than øOPERATION AND MAINTENANCE, AIR FORCE ø(RESCISSIONS) to liquidate an obligation made before such øFor an additional amount for ‘‘Operation øOf the funds made available under this date and upon liquidation of all such obliga- and Maintenance, Air Force,’’ $888,700,000: heading in Public Law 103–139, $15,000,000 are tions made before such date, the Fund shall Provided, That such amount is designated by rescinded. be closed: Provided further, That no obliga- Congress as an emergency requirement pur- øOf the funds made available under this tion may be made from the Fund after the suant to section 251(b)(2)(D)(i) of the Bal- heading in Public Law 103–335, $71,400,000 are date of the enactment of this Act. anced Budget and Emergency Deficit Control rescinded. øTITLE III Act of 1985, as amended. øMISSILE PROCUREMENT, AIR FORCE øOPERATION AND MAINTENANCE, DEFENSE- ø(RESCISSIONS) øADDITIONAL EMERGENCY SUPPLE- MENTAL APPROPRIATIONS TO FUR- WIDE øOf the funds made available under this THER ENHANCE READINESS øFor an additional amount for ‘‘Operation heading in Public Law 102–396, $33,000,000 are and Maintenance, Defense-Wide,’’ $43,200,000: rescinded. øDEPARTMENT OF DEFENSE—MILITARY Provided, That such amount is designated by øOf the funds made available under this Congress as an emergency requirement pur- heading in Public Law 103–139, $86,200,000 are øMILITARY PERSONNEL suant to section 251(b)(2)(D)(i) of the Bal- rescinded. øMILITARY PERSONNEL, ARMY anced Budget and Emergency Deficit Control øNATIONAL GUARD AND RESERVE EQUIPMENT Act of 1985, as amended. øFor an additional amount for ‘‘Military ø(RESCISSION) Personnel, Army,’’ $75,500,000: Provided, That øOPERATION AND MAINTENANCE, NAVY Of the funds made available under this such amount is designated by Congress as an RESERVE ø heading in Public Law 103–335, $30,000,000 are emergency requirement pursuant to section øFor an additional amount for ‘‘Operation rescinded. 251(b)(2)(D)(i) of the Balanced Budget and and Maintenance, Navy Reserve,’’ $6,400,000: Emergency Deficit Control Act of 1985, as øDEFENSE PRODUCTION ACT PURCHASES Provided, That such amount is designated by amended. Congress as an emergency requirement pur- ø(RESCISSION) suant to section 251(b)(2)(D)(i) of the Bal- øOf the funds made available under this øMILITARY PERSONNEL, NAVY anced Budget and Emergency Deficit Control heading in Public Law 103–139, $100,000,000 are øFor an additional amount for ‘‘Military Act of 1985, as amended. rescinded. Personnel, Navy,’’ $68,200,000: Provided, That S 3578 CONGRESSIONAL RECORD — SENATE March 7, 1995 such amount is designated by Congress as an anced Budget and Emergency Deficit Control ment for expenses for which funds are pro- emergency requirement pursuant to section Act of 1985, as amended. vided in this Act shall be deposited in the 251(b)(2)(D)(i) of the Balanced Budget and øOPERATION AND MAINTENANCE, MARINE Treasury as miscellaneous receipts.¿ Emergency Deficit Control Act of 1985, as CORPS That the following sums are appropriated, out amended. of any money in the Treasury not otherwise ap- øFor an additional amount for ‘‘Operation øMILITARY PERSONNEL, MARINE CORPS and Maintenance, Marine Corps,’’ $46,000,000: propriated, to provide supplemental appropria- øFor an additional amount for ‘‘Military Provided, That such amount is designated by tions for the Department of Defense for the fis- Personnel, Marine Corps,’’ $3,000,000: Pro- Congress as an emergency requirement pur- cal year ending September 30, 1995, and for vided, That such amount is designated by suant to section 251(b)(2)(D)(i) of the Bal- other purposes, namely: Congress as an emergency requirement pur- anced Budget and Emergency Deficit Control TITLE I suant to section 251(b)(2)(D)(i) of the Bal- Act of 1985, as amended. SUPPLEMENTAL APPROPRIATIONS anced Budget and Emergency Deficit Control øOPERATION AND MAINTENANCE, AIR FORCE DEPARTMENT OF DEFENSE—MILITARY Act of 1985, as amended. øFor an additional amount for ‘‘Operation MILITARY PERSONNEL øMILITARY PERSONNEL, AIR FORCE and Maintenance, Air Force,’’ $80,400,000: øFor an additional amount for ‘‘Military Provided, That such amount is designated by MILITARY PERSONNEL, ARMY Personnel, Air Force,’’ $70,400,000: Provided, Congress as an emergency requirement pur- For an additional amount for ‘‘Military Per- That such amount is designated by Congress suant to section 251(b)(2)(D)(i) of the Bal- sonnel, Army’’, $35,400,000. as an emergency requirement pursuant to anced Budget and Emergency Deficit Control MILITARY PERSONNEL, NAVY section 251(b)(2)(D)(i) of the Balanced Budget Act of 1985, as amended. For an additional amount for ‘‘Military Per- and Emergency Deficit Control Act of 1985, øOPERATION AND MAINTENANCE, ARMY sonnel, Navy’’, $49,500,000. as amended. RESERVE MILITARY PERSONNEL, MARINE CORPS øRESERVE PERSONNEL, ARMY øFor an additional amount for ‘‘Operation øFor an additional amount for ‘‘Reserve and Maintenance, Army Reserve,’’ For an additional amount for ‘‘Military Per- sonnel, Marine Corps’’, $10,400,000. Personnel, Army,’’ $6,500,000: Provided, That $13,000,000: Provided, That such amount is such amount is designated by Congress as an designated by Congress as an emergency re- MILITARY PERSONNEL, AIR FORCE emergency requirement pursuant to section quirement pursuant to section 251(b)(2)(D)(i) For an additional amount for ‘‘Military Per- 251(b)(2)(D)(i) of the Balanced Budget and of the Balanced Budget and Emergency Defi- sonnel, Air Force’’, $37,400,000. Emergency Deficit Control Act of 1985, as cit Control Act of 1985, as amended. RESERVE PERSONNEL, NAVY amended. øOPERATION AND MAINTENANCE, NAVY For an additional amount for ‘‘Reserve Per- øRESERVE PERSONNEL, NAVY RESERVE sonnel, Navy’’, $4,600,000. øFor an additional amount for ‘‘Reserve øFor an additional amount for ‘‘Operation OPERATION AND MAINTENANCE Personnel, Navy,’’ $5,000,000: Provided, That and Maintenance, Navy Reserve,’’ $18,000,000: such amount is designated by Congress as an Provided, That such amount is designated by OPERATION AND MAINTENANCE, ARMY emergency requirement pursuant to section Congress as an emergency requirement pur- For an additional amount for ‘‘Operation and 251(b)(2)(D)(i) of the Balanced Budget and suant to section 251(b)(2)(D)(i) of the Bal- Maintenance, Army’’, $636,900,000. Emergency Deficit Control Act of 1985, as anced Budget and Emergency Deficit Control OPERATION AND MAINTENANCE, NAVY amended. Act of 1985, as amended. For an additional amount for ‘‘Operation and øRESERVE PERSONNEL, MARINE CORPS øOPERATION AND MAINTENANCE, MARINE Maintenance, Navy’’, $284,100,000. øFor an additional amount for ‘‘Reserve CORPS RESERVE OPERATION AND MAINTENANCE, MARINE CORPS Personnel, Marine Corps,’’ $1,300,000: Pro- øFor an additional amount for ‘‘Operation vided, That such amount is designated by and Maintenance, Marine Corps Reserve,’’ For an additional amount for ‘‘Operation and Congress as an emergency requirement pur- $1,000,000: Provided, That such amount is des- Maintenance, Marine Corps’’, $27,700,000. suant to section 251(b)(2)(D)(i) of the Bal- ignated by Congress as an emergency re- OPERATION AND MAINTENANCE, AIR FORCE anced Budget and Emergency Deficit Control quirement pursuant to section 251(b)(2)(D)(i) For an additional amount for ‘‘Operation and Act of 1985, as amended. of the Balanced Budget and Emergency Defi- Maintenance, Air Force’’, $785,800,000. øRESERVE PERSONNEL, AIR FORCE cit Control Act of 1985, as amended. OPERATION AND MAINTENANCE, DEFENSE-WIDE øFor an additional amount for ‘‘Reserve øOPERATION AND MAINTENANCE, AIR FORCE For an additional amount for ‘‘Operation and Personnel, Air Force,’’ $2,800,000: Provided, RESERVE Maintenance, Defense-Wide’’, $43,200,000. That such amount is designated by Congress øFor an additional amount for ‘‘Operation as an emergency requirement pursuant to and Maintenance, Air Force Reserve,’’ OPERATION AND MAINTENANCE, NAVY RESERVE section 251(b)(2)(D)(i) of the Balanced Budget $2,600,000: Provided, That such amount is des- For an additional amount for ‘‘Operation and and Emergency Deficit Control Act of 1985, ignated by Congress as an emergency re- Maintenance, Navy Reserve’’, $6,400,000. as amended. quirement pursuant to section 251(b)(2)(D)(i) OTHER DEPARTMENT OF DEFENSE øNATIONAL GUARD PERSONNEL, ARMY of the Balanced Budget and Emergency Defi- PROGRAMS cit Control Act of 1985, as amended. øFor an additional amount for ‘‘National DEFENSE HEALTH PROGRAM Guard Personnel, Army,’’ $11,000,000: Pro- øOPERATION AND MAINTENANCE, ARMY For an additional amount for ‘‘Defense vided, That such amount is designated by NATIONAL GUARD Health Program’’, $14,000,000. Congress as an emergency requirement pur- øFor an additional amount for ‘‘Operation GENERAL PROVISIONS suant to section 251(b)(2)(D)(i) of the Bal- and Maintenance, Army National Guard,’’ anced Budget and Emergency Deficit Control $10,000,000: Provided, That such amount is SEC. 101. No part of any appropriation con- Act of 1985, as amended. designated by Congress as an emergency re- tained in this Act shall remain available for ob- øNATIONAL GUARD PERSONNEL, AIR FORCE quirement pursuant to section 251(b)(2)(D)(i) ligation beyond the current fiscal year unless øFor an additional amount for ‘‘National of the Balanced Budget and Emergency Defi- expressly so provided herein. Guard Personnel, Air Force,’’ $5,000,000: Pro- cit Control Act of 1985, as amended. SEC. 102. During the current fiscal year, ap- propriations available to the Department of De- vided, That such amount is designated by øOPERATION AND MAINTENANCE, AIR NATIONAL fense for the pay of civilian personnel may be Congress as an emergency requirement pur- GUARD suant to section 251(b)(2)(D)(i) of the Bal- used, without regard to the time limitations øFor an additional amount for ‘‘Operation specified in section 5523(a) of title 5, United anced Budget and Emergency Deficit Control and Maintenance, Air National Guard,’’ Act of 1985, as amended. States Code, for payments under the provisions $10,000,000: Provided, That such amount is of section 5523 of title 5, United States Code, in øOPERATION AND MAINTENANCE designated by Congress as an emergency re- the case of employees, or an employee’s depend- øOPERATION AND MAINTENANCE, ARMY quirement pursuant to section 251(b)(2)(D)(i) ents or immediate family, evacuated from Guan- øFor an additional amount for ‘‘Operation of the Balanced Budget and Emergency Defi- tanamo Bay, Cuba, pursuant to the August 26, and Maintenance, Army,’’ $133,000,000: Pro- cit Control Act of 1985, as amended. 1994 order of the Secretary of Defense. vided, That such amount is designated by øTITLE IV (INCLUDING TRANSFER OF FUNDS) Congress as an emergency requirement pur- øGENERAL PROVISIONS SEC. 103. In addition to amounts appropriated suant to section 251(b)(2)(D)(i) of the Bal- øSEC. 401. No part of any appropriation or otherwise made available by this Act, anced Budget and Emergency Deficit Control contained in this Act shall remain available $28,297,000 is hereby appropriated to the Depart- Act of 1985, as amended. for obligation beyond the current fiscal year ment of Defense and shall be available only for øOPERATION AND MAINTENANCE, NAVY unless expressly so provided herein. transfer to the United States Coast Guard to øFor an additional amount for ‘‘Operation øSEC. 402. Notwithstanding sections 607 and cover the incremental operating costs associated and Maintenance, Navy,’’ $107,000,000: Pro- 630 of the Foreign Assistance Act of 1961 (22 with Operations Able Manner, Able Vigil, Re- vided, That such amount is designated by U.S.C. 2357, 2390) and sections 2608 and 2350j store Democracy, and Support Democracy: Pro- Congress as an emergency requirement pur- of title 10, United States Code, all funds re- vided, That such amount shall remain available suant to section 251(b)(2)(D)(i) of the Bal- ceived by the United States as reimburse- for obligation until September 30, 1996. March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3579

SEC. 104. (a) Section 8106A of the Department Research, Development, Test and Evaluation, CHAPTER I of Defense Appropriations Act, 1995 (Public Law Defense-Wide, 1994/1995, $77,000,000; DEPARTMENTS OF COMMERCE, JUSTICE, 103–335), is amended by striking out the last pro- Research, Development, Test and Evaluation, AND STATE, THE JUDICIARY, AND RE- viso and inserting in lieu thereof the following: Defense-Wide, 1995/1996, $351,000,000. LATED AGENCIES ‘‘: Provided further, That if, after September 30, DEPARTMENT OF JUSTICE 1994, a member of the Armed Forces (other than (RESCISSION) the Coast Guard) is approved for release from IMMIGRATION AND NATURALIZATION SERVICE SEC. 107. Of the funds made available for the active duty or full-time National Guard duty IMMIGRATION EMERGENCY FUND National Security Education Trust Fund in and that person subsequently becomes employed (RESCISSION) in a position of civilian employment in the De- Public Law 102–172, $150,000,000 are rescinded: Of the amounts made available under this partment of Defense within 180 days after the Provided, That the balance of funds in the Na- heading in Public Law 103–317, ø$70,000,000¿ release from active duty or full-time National tional Security Education Trust Fund (estab- $50,000,000 are rescinded. Guard duty, then that person is not eligible for lished pursuant to section 804 of Public Law payments under a Special Separation Benefits 102–183 (50 U.S.C. 1904)), other than such DEPARTMENT OF COMMERCE program (under section 1174a of title 10, United amounts as are necessary for liquidation of obli- NATIONAL INSTITUTE OF STANDARDS AND States Code) or a Voluntary Separation Incen- gations made before the date of the enactment of TECHNOLOGY this Act, is hereby reduced to $8,500,000: Pro- tive program (under section 1175 of title 10, INDUSTRIAL TECHNOLOGY SERVICES United States Code) by reason of the release vided further, That upon liquidation of all such (RESCISSION) from active duty or full-time National Guard obligations and the $8,500,000 in the preceding duty, and the person shall reimburse the United proviso, the Fund shall be closed. Of the amounts made available under this States the total amount, if any, paid such per- heading in Public Law 103–317 for the Ad- (TRANSFER OF FUNDS) son under the program before the employment vanced Technology Program, $107,000,000 are begins’’. SEC. 108. Section 8005 of the Department of rescinded. (b) Appropriations available to the Depart- Defense Appropriations Act, 1995 (Public Law ECONOMIC DEVELOPMENT ADMINISTRATION ment of Defense for fiscal year 1995 may be obli- 103–335; 108 Stat. 2617), is amended by striking ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS gated for making payments under sections 1174a out ‘‘$2,000,000,000’’ and inserting in lieu thereof (RESCISSION) and 1175 of title 10, United States Code. ‘‘$1,750,000,000’’. (c) The amendment made by subsection (a) Of the amounts made available under this shall be effective as of September 30, 1994. SEC. 109. REPORT ON COST AND SOURCE OF heading in Public Law 103–317, $20,000,000 are SEC. 105. Subsection 8054(g) of the Department FUNDS FOR MILITARY ACTIVITIES IN rescinded. HAITI. of Defense Appropriations Act, 1995 (Public Law CHAPTER II 103–335), is amended to read as follows: ‘‘Not- (a) REQUIREMENT.—None of the funds appro- ENERGY AND WATER DEVELOPMENT withstanding any other provision of law, of the priated by this Act or otherwise made available DEPARTMENT OF ENERGY amounts available to the Department of Defense to the Department of Defense may be expended during fiscal year 1995, not more than for operations or activities of the Armed Forces ATOMIC ENERGY DEFENSE ACTIVITIES $1,252,650,000 may be obligated for financing ac- in and around Haiti sixty days after enactment DEFENSE ENVIRONMENTAL RESTORATION AND tivities of defense FFRDCs: Provided, That, in of this Act, unless the President submits to Con- WASTE MANAGEMENT addition to any other reductions required by gress the report described in subsection (b). (RESCISSION) this section, the total amount appropriated in Of the amounts made available under this title IV of this Act is hereby reduced by (b) REPORT ELEMENTS.—The report referred to heading in Public Law 103–316 and prior $200,000,000 to reflect the funding ceiling con- in subsection (a) shall include the following: years’ Energy and Water Development Ap- tained in this subsection and to reflect further (1) A detailed description of the estimated cu- propriations Acts, $100,000,000 are rescinded. reductions in amounts available to the Depart- mulative incremental cost of all United States ment of Defense to finance activities carried out activities subsequent to September 30, 1993, in CHAPTER III by defense FFRDCs and other entities providing and around Haiti, including but not limited to— FOREIGN OPERATIONS, EXPORT consulting services, studies and analyses, sys- FINANCING, AND RELATED AGENCIES (A) the cost of all deployments of United tems engineering and technical assistance, and States Armed Forces and Coast Guard person- MULTILATERAL ECONOMIC ASSISTANCE technical, engineering and management sup- nel, training, exercises, mobilization, and prepa- FUNDS APPROPRIATED TO THE PRESIDENT port.’’. ration activities, including the preparation of (RESCISSIONS) INTERNATIONAL FINANCIAL INSTITUTIONS police and military units of the other nations of SEC. 106. Of the funds provided in Department CONTRIBUTION TO THE AFRICAN DEVELOPMENT the multinational force involved in enforcement of Defense Appropriations Acts, the following FUND of sanctions, limits on migration, establishment funds are hereby rescinded from the following and maintenance of migrant facilities at Guan- (RESCISSION) accounts in the specified amounts: Of the funds made available under this Operation and Maintenance, Navy, tanamo Bay and elsewhere, and all other activi- heading in Public Law 103–306, $62,014,000 are $16,300,000; ties relating to operations in and around Haiti; rescinded. Operation and Maintenance, Air Force, and $2,000,000; (B) the costs of all other activities relating to BILATERAL ECONOMIC ASSISTANCE Operation and Maintenance, Defense-Wide, United States policy toward Haiti, including hu- FUNDS APPROPRIATED TO THE PRESIDENT $90,000,000; manitarian and development assistance, recon- AGENCY FOR INTERNATIONAL DEVELOPMENT Environmental Restoration, Defense, struction, balance of payments and economic øASSISTANCE FOR THE NEW INDEPENDENT $300,000,000; support, assistance provided to reduce or elimi- Aircraft Procurement, Army, 1995/1997, STATES OF THE FORMER SOVIET UNION nate all arrearages owed to International Fi- $77,611,000; ø(RESCISSION) nancial Institutions, all rescheduling or forgive- Procurement of Ammunition, Army, 1993/1995, ness of United States bilateral and multilateral øOf the funds made available under this $85,000,000; heading in Public Law 103–87 for support of Procurement of Ammunition, Army, 1995/1997, debt, aid and other financial assistance, all in- kind contributions, and all other costs to the an officer resettlement program in Russia as $89,320,000; described in section 560(a)(5), $110,000,000 are Other Procurement, Army, 1995/1997, United States Government. rescinded.¿ $46,900,000; (2) A detailed accounting of the source of DEVELOPMENT FUND FOR AFRICA Shipbuilding and Conversion, Navy, 1995/1999, funds obligated or expended to meet the costs $26,600,000; described in paragraph (1), including— (RESCISSION) Missile Procurement, Air Force, 1993/1995, Of the funds made available under this head- $33,000,000; (A) in the case of funds expended from the ing in Public Law 103–87 and Public Law 103– Missile Procurement, Air Force, 1994/1996, Department of Defense budget, a breakdown by 306, $110,000,000 are rescinded. military service or defense agency, line item, $86,184,000; CHAPTER IV Other Procurement, Air Force, 1995/1997, and program; and DEPARTMENT OF THE INTERIOR AND $6,100,000; (B) in the case of funds expended from the Procurement, Defense-Wide, 1995/1997, RELATED AGENCIES budgets of departments and agencies other than $65,000,000; DEPARTMENT OF ENERGY the Department of Defense, by department or Defense Production Act, $100,000,000; CLEAN COAL TECHNOLOGY Research, Development, Test and Evaluation, agency and program. (RESCISSION) Army, 1995/1996, $38,300,000; øTITLE V¿ Research, Development, Test and Evaluation, Of the funds made available under this Navy, 1995/1996, $59,600,000; TITLE II heading for obligation in fiscal year 1996, Research, Development, Test and Evaluation, $50,000,000 are rescinded and of the funds Air Force, 1994/1995, $81,100,000; RESCISSIONS made available under this heading for obliga- Research, Development, Test and Evaluation, The following rescissions of budget author- tion in fiscal year 1997, $150,000,000 are re- Air Force, 1995/1996, $226,900,000; ity are made, namely: scinded: Provided, That funds made available S 3580 CONGRESSIONAL RECORD — SENATE March 7, 1995 in previous appropriations Acts shall be tion of wind tunnels, $400,000,000 are re- committee, and the ranking Member of available for any ongoing project regardless scinded.¿ that committee, former chairman DAN- of the separate request for proposal under DEPARTMENT OF HOUSING AND URBAN IEL INOUYE, will discuss the specifics of which the project was selected. DEVELOPMENT the supplemental appropriations and CHAPTER V HOUSING PROGRAMS rescissions in title I as we proceed with DEPARTMENTS OF LABOR, HEALTH AND ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING the debate on this measure. HUMAN SERVICES, EDUCATION, AND (RESCISSION) The second title of the bill as rec- RELATED AGENCIES Of the funds made available under this head- ommended would rescind a total of DEPARTMENT OF LABOR ing in Public Law 103–327 and any unobligated $1,535,966,450 in appropriations for EMPLOYMENT AND TRAINING ADMINISTRATION balances from funds appropriated under this heading in prior years, $400,000,000 are re- nondefense programs. The other body TRAINING AND EMPLOYMENT SERVICES scinded from amounts available for the develop- recommended rescissions of slightly (RESCISSION) ment or acquisition costs of public housing. more than $1.4 billion in nondefense Of the funds made available under this øThis Act may be cited as the ‘‘Emergency programs in order to partially offset heading in Public Law 103–333 for carrying Supplemental Appropriations and Rescis- the costs of their recommended out title II, part C of the Job Training Part- sions for the Department of Defense to Pre- supplementals for defense. Our com- nership Act, $200,000,000 are rescinded. serve and Enhance Military Readiness Act of mittee fully offset defense DEPARTMENT OF EDUCATION 1995’’.¿ This Act may be cited as the ‘‘Supplemental supplementals with rescissions in lower øSCHOOL IMPROVEMENT PROGRAMS Appropriations and Rescissions Act, 1995’’. priority defense programs. Our ø(RESCISSION) Mr. BYRD. Mr. President, I suggest nondefense rescissions are solely in- øOf the funds made available under this the absence of a quorum. tended to achieve reductions in Federal heading in Public Law 103–333 for new edu- The PRESIDING OFFICER. The spending this fiscal year. cation infrastructure improvement grants, clerk will call the roll. Mr. President, I believe, as we have $100,000,000 are rescinded.¿ The assistant legislative clerk pro- researched this, that this is the first STUDENT FINANCIAL ASSISTANCE ceeded to call the roll. time in the history of the Appropria- (RESCISSION) Mr. HATFIELD. Mr. President, I ask tions Committee where a rescission Of the funds made available under this head- package was identified as an offset and ing in Public Law 103–112, $100,000,000 made unanimous consent that the order for available for title IV, part A, subpart 1 of the the quorum call be rescinded. as a deduction from the current deficit. Higher Education Act are rescinded. The PRESIDING OFFICER. Without I think that is worthy to take note. CHAPTER VI objection, it is so ordered. Mr. President, that summarizes the recommendations of the committee. DEPARTMENT OF TRANSPORTATION Mr. HATFIELD. Mr. President, the AND RELATED AGENCIES Senate now turns to consideration of They are discussed in greater detail in DEPARTMENT OF TRANSPORTATION H.R. 889, making fiscal year 1995 sup- our report which is Senate report 104–12 plemental appropriations for the De- which was received last Friday and FEDERAL AVIATION ADMINISTRATION partment of Defense, and rescinding available to all Members. FACILITIES AND EQUIPMENT appropriations for defense and I am now prepared to yield the floor (AIRPORT AND AIRWAY TRUST FUND) nondefense programs. The Committee for any opening remarks that the rank- (RESCISSION) on Appropriations met last Thursday ing member, the former chairman of Of the available balances under this heading on this measure, and reported it with the Appropriations Committee, Sen- that remain unobligated for the ‘‘advanced au- amendments by a unanimous vote of ator BYRD, wishes to make. Then we tomation system’’, $35,000,000 are rescinded. 28–0. will seek to adopt the committee FEDERAL HIGHWAY ADMINISTRATION The bill recommended by the com- amendments, and proceed with consid- FEDERAL-AID HIGHWAYS mittee contains two titles. The first eration of the bill and entertaining any (HIGHWAY TRUST FUND) title provides a total of $1,935,400,000 in amendments that Members may wish (RESCISSION) supplemental appropriations for the to offer at this time. Of the available contract authority balances Department of Defense. These appro- Mr. BYRD addressed the Chair. under this heading in Public Law 97–424, priations are recommended in response The PRESIDING OFFICER. The Sen- $13,340,000 are rescinded; and of the available to a request from the President for ator from West Virginia. balances under this heading in Public Law 100– $2,538,700,000 to replenish accounts de- Mr. BYRD. Mr. President, I thank 17, $120,000,000 are rescinded. pleted by unbudgeted operations in and the chairman, Senator HATFIELD, for MISCELLANEOUS HIGHWAY DEMONSTRATION around Haiti, Cuba, Bosnia, Rwanda, his statement which is complete and PROJECTS Somalia, Iraq, and Korea. Guided by thorough enough in itself without any (RESCISSION) the recommendations of our defense additional words on my part. But I do Of the available appropriated balances pro- subcommittee, the committee proposes support the committee’s recommenda- vided in Public Law 93–87; Public Law 98–8; a reduction from the President’s re- tions on H.R. 889, as reported by Sen- Public Law 98–473; and Public Law 100–71, $12,004,450 are rescinded. quest for defense. We believe that we ator HATFIELD. have addressed the immediate concerns H.R. 889, as reported, contains rec- FEDERAL RAILROAD ADMINISTRATION of the Department of Defense regarding ommendations totaling just over $1.9 LOCAL RAIL FREIGHT ASSISTANCE operational readiness, and are prepared billion to restore readiness funds to the (RESCISSION) to consider the other readiness issues Department of Defense. These funds Of the available balances under this head- raised by the Department in connec- were used for unforeseen international ing, ø$13,126,000¿ $6,608,000 are rescinded. tion with the fiscal year 1996 defense operations such as in Haiti, in the Mid- øPENNSYLVANIA STATION REDEVELOPMENT appropriations bill. dle East, Rwanda, Somalia, and Bosnia. PROJECT The committee has also rec- It is my understanding that the De- ø(RESCISSION) ommended rescissions in prior appro- partment of Defense needs these funds øOf the funds made available under this priations for defense in order to offset by the end of March. The committee’s heading in Public Law 103–331, $40,000,000 are the additional spending recommended. recommended appropriations are ap- rescinded.¿ The President requested appropriations proximately $600 million less than re- CHAPTER VII with an emergency designation under quested by the President and $1.2 bil- DEPARTMENTS OF VETERANS AFFAIRS the terms of the Budget Enforcement lion below the House bill. Furthermore, AND HOUSING AND URBAN DEVELOP- Act. With this designation, funds pro- and most importantly, the committee’s MENT, AND INDEPENDENT AGENCIES vided would have been in addition to recommendations include sufficient øINDEPENDENT AGENCIES those set by the domestic discretionary Department of Defense rescissions to øNATIONAL AERONAUTICS AND SPACE caps. The committee believes it is pref- fully offset both the budget authority ADMINISTRATION erable to offset spending wherever and and the outlays of these defense appro- øNATIONAL AERONAUTICAL FACILITIES whenever possible, so that the deficit is priations. ø(RESCISSION) not increased. I compliment the distinguished øOf the funds made available under this Senator STEVENS, the chairman of chairman of the Defense Appropria- heading in Public Law 103–327, for construc- our Defense Appropriations Sub- tions Subcommittee, Mr. STEVENS, and March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3581 the distinguished ranking member of ceipt of the payment that they are al- reduced if we had known the cost of the the Defense Appropriations Sub- ready committed to pay to us. contingency operations to begin with. committee, Mr. INOUYE, for their able The request proposed $70 million in The current deficit crisis makes it efforts in finding these offsets. military construction and facility up- necessary that the amounts in this bill In addition, title II of the bill con- grades at Guantanamo Bay naval sta- be fully offset. That is the judgment of tains rescissions from a number of tion to support Cuban refugees now in- our committee. That presents the com- nondefense appropriations totaling terned at that installation. Now, here mittee with only hard choices, espe- over $1.5 billion in additional spending again, Mr. President, together with cially when the choices have to be cuts. some of our staff, I journeyed to Guan- made this late in the year. That simply I compliment the chairman of the tanamo Bay to look at the situation means that we would have a lot more committee, Mr. HATFIELD, who is a and I am convinced that the amounts flexibility in the beginning of the fiscal former chairman of the committee, that have been requested should await year to eliminate some accounts than former ranking member, and again a total congressional assessment on we do now because many of the ac- chairman of the Appropriations Com- the policy of the refugee internment counts have already been spent out to mittee for his expeditious handling of camp at Guantanamo Bay. I believe the point where it is not possible to in- this important measure, and I urge that can be addressed in the 1996 de- clude them in the readjustments made Senators on both sides to support the fense and military construction bills. in this bill. committee’s recommendations. Those may not be decisions to be made In general, the recommendations be- I yield the floor. in the appropriations process. They fore the committee reflect cuts in pro- Mr. HATFIELD. Mr. President, as we may be made by the Armed Services grams where spending can be con- now proceed, I would seek unanimous Committee in its deliberations and rec- trolled. Many of the programs we seek consent that the committee amend- ommendations to the Senate and to the to reduce have merit, Mr. President, ments be considered, and agreed to, en Congress as a whole. great merit. We have provided funding bloc; that the bill, as amended, be con- Finally, several amounts were pro- for these programs in the past and even sidered as original text for the purpose posed that were not justified as emer- in this current fiscal year. of further amendment; and, that no gencies or were unrelated to the con- I want to tell the Senate that I am points of order be waived thereon by tingency operations in Cuba, Haiti, confident that Congress will revisit reason of this agreement. Bosnia, and Kuwait. Many of those also some of these in the 1996 bill. But at Mr. BINGAMAN addressed the Chair. can and should be addressed through the present time we have no alter- The PRESIDING OFFICER. The Sen- the normal reprogramming process of native to find some source to obtain ator from New Mexico. the Department. We, as a nation, face a the funds to put back into the training Mr. BINGAMAN. Mr. President, I be- crisis in military readiness because the accounts so training can be continued. lieve a unanimous-consent request is administration spent money on contin- There is a timeframe involved. It must pending. Is that the order of business? gency operations in excess of amounts be done so the moneys are available no The PRESIDING OFFICER. The Sen- provided by Congress. later than the end of April. We hope ator is correct. The 1995 defense appropriations bill that they will be available by April 1. Mr. BINGAMAN. Mr. President, I ob- included many increases in the budget We have made reductions to the TRP ject. for readiness, training, recruiting, and account, environmental and defense Mr. HATFIELD. Mr. President, I sug- maintenance of facilities in military conversion accounts. These reflect the gest the absence of a quorum. housing. These are the very priorities availability of funds, and they reflect The PRESIDING OFFICER. The that were put at risk by the President’s to a certain extent a change of direc- clerk will call the roll. decision to engage in operations in tion for the programs, but basically it The assistant legislative clerk pro- Bosnia, Haiti, Kuwait, and Rwanda is because that is where the money is ceeded to call the roll. without approval and support of fund- that has not been expended in this fis- Mr. STEVENS. Mr. President, I ask ing for those activities by the Con- cal year. To the extent that any funds unanimous consent that the order for gress. The President did not come to remain available for the TRP in the fu- the quorum call be rescinded. the Congress in advance of these de- ture, I believe they must be specifi- The PRESIDING OFFICER. Without ployments to seek funding or to pro- cally directed and identified military objection, it is so ordered. pose offsets in existing authorizations. priorities. Mr. STEVENS. Mr. President, the Instead, money provided by the Con- The committee proposal strikes a first title to this supplemental appro- gress for training, logistic support, and fair balance to proceed to conference priations bill addresses two compo- personnel, were diverted to these ac- with the House, and I would urge Mem- nents of our defense financing. First, it counts. This practice is in stark con- bers of the Senate on both sides of the provides $1.96 billion to ensure military trast to how the Congress and the aisle and particularly on both sides of readiness through the remainder of White House approached the Persian the TRP debate, to endorse the level this year. Second, it proposes $1.96 bil- Gulf war. As we proceed through our that is in this bill because it is dif- lion in rescissions to fully offset the review of the Department’s 1996 budget, ferent from that in the House. new budget authority and outlays for I believe we must address the fiscal I believe I was the originator of the 1995. controls that permitted the adminis- Defense Environmental Restoration We received the administration’s re- tration to delete vital readiness ac- Program but I viewed with increasing quest and we scrubbed it a little bit, counts early in the year without the alarm the steady increase in spending and we recommended that $600 million explicit consent of the Congress. in that program with little to show for be deleted from the amounts proposed As I said before, it is my understand- it. Despite the progress in that fund, by the House in accordance with the ing that that may come from the the Department of Defense still spends request of the administration. Armed Services Committee. I know only about 50 percent of the amounts These come in three categories. The that some of my colleagues, including in the environmental restoration ac- request proposed advance funding of re- my fellow Senator from Alaska and the count for cleanup activities. Almost 50 imbursements from Kuwait and the distinguished chairman of the Foreign percent now goes for studies, plans, and United Nations. In two instances, we Relations Committee will offer amend- legal fees. In comparison, when we spent defense money already appro- ments to tighten controls on DOD con- build new facilities, the cost for those priated for other purposes for the pur- sultation with the Congress. Members is about 6 to 7 percent. Only 6 to 7 per- pose of sending troops to Kuwait or to of the committee discussed at length cent of the funding goes for design, assist in support of the United Nations the issue of offsetting the new spending planning and litigation in the planning in peacekeeping activities. I believe we in this bill and the precedent set for and building of new facilities. should rely on our allies and on the emergencies. Now, our cut does not impact any United Nations to fulfill their commit- While the military requirements are funds provided to meet environmental ments, and that we need not put up urgent, they can be met by reductions hazards at bases identified for closure taxpayers’ money in advance of the re- to programs that Congress might have in the 1988, 1991, and 1993 BRAC rounds. S 3582 CONGRESSIONAL RECORD — SENATE March 7, 1995 Those funds are appropriated sepa- training requirements, and we will funds are delayed even longer than we rately in the military construction bill want to move some accounts around to currently anticipate they could be: and were not addressed by this bill. assure we have the necessary amounts There are seven additional Atlantic We do face another base closing for the 1996 bill. fleet ship overhauls. round this year. I know that, recogniz- Finally, the committee has strongly There is a proposal to stop Naval Re- ing that two Alaska bases are on the supported the Department of Defense’s serve flying for C–9 and P–3 aircraft; list to be closed: Adak naval station, efforts to procure unmanned aerial ve- To stop flight training for carrier and Fort Greely at Big Delta, AK. I am hicles for battlefield surveillance and squadrons returning from deployment. sensitive to the defense conversion and intelligence. The cut to this item re- There, again, after they come back, the transition issues. flects technical delays only in the pro- long steam coming back, before they Amounts provided in recent bills gram. I am personally, and I believe are allowed to take some time off they have gone well beyond the original our committee is totally, committed to again go through and try to bring their goals, however, of those programs as providing adequate funding for the pro- readiness up to peak so, if they are they were established when the defense gram based on its readiness for produc- called back, they can continue to be drawdown defense following the gulf tion. When it is ready, we will provide ready. They do not get the type of wars. a recommendation to the Senate that training on deployment that they can In particular, the cuts proposed by it be appropriately funded. get here at home when we have the the committees address areas where In closing, I know some of the Senate electronic ranges that can be used and the Congress has significantly ear- will disagree with some of these rescis- the kind of training that can be ob- marked funds for specific projects. sions. The options for offsets at this tained as they prepare for deployment While not canceling or terminating any stage are very limited. I urged the De- or return from deployment. one project, the Secretary will have to partment of Defense to submit this Last but not least, we are down to substantially scale back spending in supplemental as early as last Decem- the point where there will be no spare this area. Again, that will have to be ber, but because of other consider- parts for the last 40 days of this year if done because that is where the money ations, the White House chose to with- these moneys are not put into the ac- is. If we have to find almost $2 billion in these accounts at this time, we have hold it until February. That delayed counts and the spare parts made avail- to find accounts where the remaining our ability to respond to the needs, as able. balance will justify taking some of the I have said, because the spending of I remember the days, Mr. President, money out and still leaving the pro- other accounts continued and we now when we had vessels in Norfolk and gram operable for the remainder of the have limited flexibility as to where to other ports that could not leave port year. Spending to ease the impact of get moneys from commencing about because they did not have spare parts. these defense cutbacks cannot come at the first of May. We are dealing with a That just cannot happen at a time like the significant loss of immediate mili- period between May and September 30 this when we have reduced our forces tary readiness. However, I assure all now. We could have been dealing with and we are trying to maintain the interested Members that we want to the period January 1 to September 30 if readiness of the smaller force that we work to ensure the highest priority we had the request early in the year. have. programs continue to be adequately Mr. President, the bottom line is we I certainly hope the Senate will lis- funded. must get these funds to the military ten to us and the Congress as a whole Most of the program reductions pro- services as quickly as possible, as I will act as rapidly as possible on this posed in the rescission package that we said, by the end of this month if at all request for supplemental funds, to re- present to the Senate reflect fact-of- possible. That commitment must guide quest those funds which were diverted life program changes. For instance, the our work to complete this bill, I hope, from training accounts for the peace- Department terminated the TSSAM today or early tomorrow at the latest. keeping operations. missile leaving funds that were appro- There are a series of impacts. I asked Mr. INOUYE addressed the Chair. priated for that project available for the Chief of Naval Operations, Admiral The PRESIDING OFFICER. The Sen- rescission. We intend to continue to Boorda, to tell us what might happen ator from Hawaii. work with the Air Force to determine to the Navy, for instance, if we do not Mr. INOUYE. Mr. President, may I what may be the best estimate of get this money to the Navy in time. He begin by first commending my distin- amounts available to cut in this area has told me if he does not have the guished colleague from Oregon, the in the conference. money in time, he faces the option of chairman of the full committee, Mr. I also want to commend the efforts of deferring all maintenance on small HATFIELD, and my dear friend from Lt. Gen. Dick Hawley and Ms. Darlene naval craft and tugs for the Atlantic Alaska, the chairman of the sub- Druyun for their efforts to expedite the fleet. committee, Senator STEVENS, for com- termination process on the TSSAM He will have to reduce the mainte- ing forth with this bill. Difficult deci- missile system, and they are minimiz- nance on two aircraft carriers and will sions had to be made, and they made ing the cost of that termination to the have to delay one submarine overhaul. them. Difficult recommendations have taxpayers. He may have to delay maintenance to be made to the Senate, and these Congress also funded six new AH–64 on naval facilities worldwide. recommendations are now being pre- Apache helicopters for 1995 to assure no He has to stop flight training for two sented. break in production as we move to the carrier air wings that are currently Together they have crafted a bill Longbow version of that aircraft. How- preparing for deployment. That is very which balances the needs of the De- ever, new foreign sales have developed, dangerous, Mr. President. These people partment of Defense and our commit- and the Army has indicated that those stay at home, fly a very low number of tee’s desire not to increase the deficit. funds we appropriated for 1995 are not hours, and just before deployment they As the Senator from Alaska indicated, required for new aircraft procurement always get back and get their readiness this bill provides $1.9 billion in new ap- this year. In conference, we intend to up to very top performance. We have propriations requested by the Depart- look at Army proposals to shift some two aircraft carriers ready to go to sea. ment of Defense to cover emergency of the funding in that account to accel- I talked about them this morning with expenses. However, it is some $600 mil- erate the Longbow Program. some people in the Department. It lion less than DOD wanted, but it pro- This committee also initiated the makes no sense for us to delay aircraft vides a reasonable amount, considering Arms Program to preserve the indus- carriers and not have our crews at the the committee’s goal of offsetting new trial base for ammunition production. peak of their performance, as would be appropriations with rescissions. The cut we have made reflects the possible if these funds had not been di- But, Mr. President, I think I must in- amount to expire at the end of this verted. They must be replaced as soon form my colleagues that I am con- year. The Army has not accounted in as possible. cerned with the guidelines that govern the 1996 budget for funds necessary to In addition, there are some other the committee’s efforts with this DOD meet the ammunition stockpile and things that are going to happen if these supplemental, and I hope it will not be March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3583 viewed as a precedent for future emer- Mr. President, I am of the impression First let me say the supplemental is gency supplementals. that all of us in this body, Democrats necessary, and I intend to support the The Budget Enforcement Act re- and Republicans, are supportive of the bill. The bill is designed to replace crit- quires that, in general, discretionary need to maintain the readiness of our ical readiness and training funds which spending must be constrained to stay military forces. By requiring that the services had to spend in the first within ceilings established in the budg- these unforeseen emergency expenses half of this fiscal year for humani- et resolution. However, Mr. President, must be offset, the committee is vir- tarian and other so-called peace oper- this agreement allows these ceilings to tually guaranteeing that when short- ations. If we do not replace those be breached if the President and the falls occur in other areas of DOD fund- funds, military readiness will continue Congress agree that these funds are ing, they will have to be made up by to decline. Combat readiness has de- needed to meet emergency require- cutting readiness spending. clined too far already. The Nation can- ments. The President submitted his re- Mr. President, I hope I am wrong, but not afford to let it erode further. It an- quest for DOD funds as an emergency this is a very serious matter. I am gers me that the administration has al- and the House agreed. greatly concerned that in the future, lowed readiness to suffer at all. Under The House recommended rescissions the Chairman of the Joint Chiefs will these circumstances, it would be irre- of $3.2 billion to offset the budget au- object to the requests of our civilian sponsible to require the military de- thority it added for DOD so as not to leaders to use military forces overseas partments to further curtail training add to the long-term deficit. for crisis response and for emergencies and maintenance, and cause more deg- The Senate Appropriations Commit- because they believe it will be damag- radation in combat readiness. tee-reported bill has gone one step fur- ing to the overall readiness of the While this supplemental is necessary, ther. This bill that we are discussing force. They may realize that if they I was surprised to see that the Appro- this moment has dispensed with the must pay for these costs out of their priations Committee chose to fully off- emergency designation for the DOD own hide, they will have to cut readi- set the costs of these peace operations, supplemental and, therefore, under ness to do so. which were ill-conceived and not ap- Senate rules, the committee must off- So I hope that all of us will think proved by the Congress, from within set both budget authority and outlays hard and long about the decision we recommended in this bill. are about to make today. I will be sup- the fiscal year 1995 Defense budget. In With this action, I hope that the Sen- porting this measure, and I do so with others words, under this bill the De- ate is not charting a new and hazard- a clear conscience, and I will be very partment of Defense must fund those ous course. proud and happy to say publicly that I operations totally within its existing The Defense Department does not rely upon the judgment, the good judg- budget. budget for emergency expenses. On sev- ment of my two dear friends from Or- I have said over and over that the de- eral occasions, the Congress has denied egon and Alaska. fense budget has been cut too much, past administrations’ requests to es- Mr. President, the chairman of this too fast. I have strongly supported an tablish contingency accounts which committee has drafted a good bill increase to the President’s budget re- could have been used for emergencies under the circumstances, and I look quest to bring fiscal year 1996 defense and crisis response. The Congress has forward to working with him in con- funding level with fiscal year 1995, ad- recommended instead that DOD re- ference on these issues. justed for inflation. This supplemental, quest supplementals to cover such Mr. President, the chairman of the in effect, reduces funds available for emergency costs. subcommittee brought up a matter defense in fiscal year 1995 by requiring It has always been anticipated that which is dear to the hearts of some of these externally imposed operations to for expenses necessary to cover emer- my colleagues on this side of the aisle, be absorbed within the current defense gencies, funds would be added to the the so-called TRP. It should be noted budget. current budget, not reallocated from that the House by its action took out This is a very complex and difficult existing resources. In this bill, we are $500 million, and though there are issue. Fortunately the Appropriations requiring DOD to use its existing re- many in this body who support the Committee has offset these extra costs sources to cover costs of emergencies. House action, the chairman of the com- with programs which, for the most This is contrary to the intent of the mittee and the chairman of the sub- part, can be called nondefense items; or budget agreement, and I hope that we committee took a courageous stand to programs which the Defense Depart- are not making a mistake. say we will cut only $200 million. ment could not execute in this fiscal I am told that the Secretary of De- I know this is not the full amount, year. By fully offsetting the supple- fense and the Chairman of the Joint but I think under the circumstances it mental appropriations, the deficit is Chiefs of Staff regard this rec- is an amount that we can live with, and not increased. In fact, title II actually ommendation with grave concern. I do so I hope that those who are consider- reduces the deficit from domestic ac- not disagree with the specific rescis- ing proposing an amendment to restore counts. sion recommendations by the commit- the funds will think about this because I am a strong supporter of removing tee, though they were difficult to I think the committee made the proper nondefense items from the defense make, because I believe that under the recommendation under the cir- budget, and have long been a supporter circumstances, they are reasonable and cumstances. of a balanced budget and reducing the they represent the best options for off- I thank the Chair. I yield the floor. deficit. However, I am concerned at the setting the budget authority and out- I suggest the absence of a quorum. precedent we may be setting by finding lays contained in the supplemental. The PRESIDING OFFICER (Ms. all the offsets in the current defense However, by rescinding these funds SNOWE). The clerk will call the roll. budget. today, there will be few resources The assistant legislative clerk pro- I do not support using our military available to cover the so-called must- ceeded to call the roll. forces as a global police force or social pay bills which we know the Pentagon Mr. THURMOND. Madam President, I service agency, deploying them all over will face later this year. The Defense ask unanimous consent that the order the world without the expressed ap- Department has already identified for the quorum call be rescinded. proval of the Congress. We have re- nearly $800 million in must-pay bills. It The PRESIDING OFFICER. Without duced our Armed Forces and defense expects this total unfunded require- objection, it is so ordered. The Senator resources to dangerously low levels. ment to reach about $1 billion. from South Carolina. Now it is questionable whether we can These must-pay bills are not consid- Mr. THURMOND. Madam President, defend our vital interests in a conflict ered emergencies under the terms of as we debate the Defense supplemental with one or more major regional pow- the budget agreement. Therefore, they appropriations bill, I want to ensure ers. Consequently, I do not want the will have to be paid from within avail- that my colleagues and the managers administration to regard approval of able funding. And where is DOD to find of the bill are aware of some of the un- this supplemental appropriations bill these funds if Congress has already re- derlying problems with the way this as endorsement of their expanded scinded $1.9 billion? supplemental was crafted. peacekeeping activities abroad, nor of S 3584 CONGRESSIONAL RECORD — SENATE March 7, 1995 their plan to pay for these excursions groups we developed a bipartisan con- allies and commitments that we have with current defense funds. sensus which began during the Bush voted for at the U.N. Security Council. In closing, I reiterate my support for Presidency and has continued through So this complete offset sounds good this Defense supplemental, but urge the Clinton Presidency that this way of in speeches but it has very serious im- my friends on the Appropriations Com- funding for defense purposes was an im- plications for the Department of De- mittee to consider the method used in portant effort to pursue. fense. Make no mistake about it, this preparing this bill as a one time event, I believe this amendment helps to re- complete offset policy means the long- and not as a model for future supple- affirm that principle, and for that rea- term readiness of the Department of mental appropriations for the Depart- son I offer the amendment. As I point- Defense is going to go down. It does not ment of Defense. ed out, it is a sense of the Senate. It mean that the immediate readiness is I thank the Chair; I yield the floor. does not try to change the dollar fig- going down because that can be pro- AMENDMENT NO. 321 ures as they come out of the supple- tected. But future readiness requires (Purpose: To express the sense of the Senate mental agreement. modernization, it requires research and affirming the importance of, and the need I want to compliment the Senator development, and those are the pro- for, cost-shared partnerships between the from Alaska and the Senator from Ha- grams being cut by this complete offset Department of Defense and the private sec- waii in the work they have done in the policy. So 5, 6, 7 years from now, people tor to develop dual-use technologies) subcommittee to try to do what they Mr. BINGAMAN addressed the Chair. will have a very serious problem with could to ensure that this important readiness if we continue to declare The PRESIDING OFFICER. The Sen- program, the technology reinvestment ator from New Mexico. there is no emergency even when our project, continue, and also to find the forces are responding to the unantici- Mr. BINGAMAN. Madam President, funds necessary to meet the needs of pated events that we all know will take to the first amendment of the commit- our Department of Defense at this cru- place in the world from time to time. tee, I send a second-degree amendment cial time. I hope this is not viewed as prece- to the desk and ask for its immediate I will explain the amendment in dent. As my friend, the chairman of the consideration. some more detail in a moment. I would committee, the Senator from South The PRESIDING OFFICER. The like at this point to yield the floor and Carolina, said: If this is a precedent, we clerk will report. allow the Senator from Georgia to go are going to have some serious prob- The legislative clerk read as follows: ahead and speak. lems. The Senator from New Mexico [Mr. BINGA- The PRESIDING OFFICER. The Sen- I know the Department of Defense MAN], for himself, Mr. NUNN, and Mr. ator from Georgia. LIEBERMAN, proposes an amendment num- worked with the Senator from Alaska bered 321: Mr. NUNN. Madam President, I rise in support of the amendment offered by and the Senator from Hawaii in identi- At the end of the amendment add the fol- my colleague from New Mexico. I ap- fying offsets. I know they are still con- lowing: cerned about certain programs, such as SEC. 110. It is the sense of the Senate that preciate the pressures on the Appro- priations Committee. The Senator the program Senator BINGAMAN is dis- (1) cost-shared partnerships between the De- cussing, the technology reinvestment partment of Defense and the private sector from Hawaii and the Senator from to develop dual-use technologies (tech- Alaska have done a commendable job program, which is one of the programs nologies that have applications both for de- in trying to handle this supplemental that is being severely impacted by this fense and for commercial markets, such as under very difficult circumstances. supplemental. computers, electronics, advanced materials, I share the sentiments expressed by Also, environmental cleanup is being communications, and sensors) are increas- impacted severely under this bill. And ingly important to ensure efficient use of de- the Senator from South Carolina about the overall supplemental. I hope it is that environmental cleanup is not only fense procurement resources, and (2) such something that has to be done in base partnerships, including Sematech and the viewed as a one-shot proposition, be- Technology Reinvestment Project, need to cause if we are sending a signal to the closures, but we have solemn commit- become the norm for conducting such ap- Department of Defense that any time ments to Governors in a number of plied research by the Department of Defense. there is an emergency that comes up States that we are going to carry that Mr. BINGAMAN. Madam President, and they come over and request supple- out. And as we cut back on these envi- let me very briefly describe the amend- mental funds that they are going to ronmental impact funds in the Depart- ment and yield to my colleague, Sen- have to have 100 percent offset, then we ment of Defense, make no mistake ator NUNN, who wants to make a brief are going to change the nature of the about it, there are going to be lawsuits statement also. Then I will describe it responsiveness of the Department of involved, litigation involved, contrac- in a little more depth for my col- Defense itself to the missions that tual obligations that are going to have leagues. may, indeed, be crucial to our Nation’s to be breached. I do not say that all of This amendment expresses the sense security. that is going to flow from this bill. But of the Senate—and that is all it is, a One mission comes to mind on a it is going to flow if we continue to sense-of-the-Senate amendment—that hopefully hypothetical basis, but it have to take these kinds of actions. cost-shared partnerships to develop could become a reality. We may get So I understand the Senator from dual-use technologies are important into a situation, even in the next 30 or Alaska has worked very hard on this, and increasingly important to ensure 45 days in Croatia, where the United as has the Senator from Hawaii, who the efficient use of our defense re- Nations is ordered to get out of Cro- has put up a warning light about the sources. It specifies that these partner- atia. There is no doubt that this evacu- direction that this bill takes us in. I ships, including the technology rein- ation could precipitate more fighting hope that not only the Appropriations vestment project, need to become the in Bosnia, and could even require res- Committee—because they are carrying norm for conducting much of our ap- cue missions to get U.N. personnel who out, I have no doubt, the will of the plied research in the Pentagon. are in harm’s way in Bosnia out of that majority here—but I hope the majority This language came out of the work war-stricken area. itself will think about the implications of two different task forces, the Demo- And if the Department of Defense is for defense. Because one of the things cratic task force back in 1992, which told that anything they do in that kind in the Contract With America, and in Senator PRYOR chaired, and the Repub- of rescue mission with NATO and with other commitments made by those on lican task force which Senator Rudman the United Nations is going to have to both sides in running for office, was a chaired. Members of this body who be a 100 percent offset, and they are strong national defense and protecting were part of that Rudman task force going to have to basically kill or sub- readiness. The problem is, Madam include, of course, Senator STEVENS, stantially alter crucial defense pro- President, readiness is being defined as Senator LUGAR, Senator COHEN, Sen- grams in order to absorb that, then just the next year or two, when readi- ator HATCH, Senator DOMENICI, Senator that is going to be a very strong signal ness has to be defined over the next 5 MCCAIN, Senator LOTT, Senator WAR- that the United States is not going to to 10 years. And readiness, by that defi- NER, and there were others as well. Out be as involved as we have been in world nition, includes research and develop- of the work of the two task force affairs, including commitments to our ment and includes procurement. And March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3585 without the kind of long-term commit- national security by taking the lead on He said, and let me quote his re- ment to research and development and this program. So I thank him for his sponse to my question. to procurement, we simply will not leadership, and I thank him for yield- Senator BINGAMAN, I am first of all ex- have modern and ready forces 5 years ing. traordinarily enthused about the possibili- from now or 10 years from now. Mr. BINGAMAN. Mr. President, I ties that exist out there for us to take a So I rise in support of the amend- want to thank Senator NUNN of Geor- major step forward and a major step forward ment offered by my colleague from gia, the ranking Democrat on the in comparison to all of our potential adver- New Mexico. I support the TRP Pro- Armed Services Committee, who was saries in this area that you described, domi- gram as one of those crucial programs the chairman of the committee at the nant battlefield awareness. Through our ad- for future military readiness for sev- time that we began these programs vances in microelectronics, satellite tech- nology and what not, we have the ability to eral reasons. First, it is our bridge to several years ago while President Bush see and be aware of what is going on on the the future for the technology needs of was in the White House. battlefield to a degree that will literally, I the Department of Defense. We all Let me just go through a few state- believe, revolutionize warfare. So this is not know how difficult it has become to ments to indicate the broad range of just making sure that we have the next best fund the technology programs we know support for the general principle that I tank or the next best destroyer. This is an we will need for the forces that will be am talking about here. effort to really take a major step forward. in the field 10 years from now and 15 First, let me cite from the report of Now, much of the technology for that, we years from now. We are having to de- the task force that former Senator believe, probably already exists out there in pend more and more on research con- Rudman chaired, a Senate Republican the commercial world, and certainly those ducted by the civil sector of our econ- Task Force on Adjusting the Defense companies like AT&T, and others that are working on projects, where these same pieces omy. Base. The report was published in June are necessary commercially, that we need to For a long time the research and de- 1992. It was a report which was well re- be aware of it, capture it, integrate it into velopment flowed from defense to the ceived. Senator PRYOR championed and the work that we do so that we not only cap- civil sector. That is still true in some chaired a similar group on the Demo- ture the very best that is out there, but do cases, but increasingly a larger and cratic side. Let me just cite a few sen- not spend taxpayers’ money trying to larger percent of our crucial defense tences from the report of the Rudman reinvent the wheel in our own laboratories. technology is flowing from the civilian committee. Let me cite one other authority in commercial sector to the Department The task force believes that increased this field, Madam President. This of Defense. The Defense Department funds should be devoted to the development comes from sometime further back in can no longer afford to be the leading of so-called dual-use technologies—that is, our history. The year is 1946. We have edge of every technology. TRP gives us technologies that have application both for a memo from the Chief of Staff of the access to those dual-use research defense and commercial markets—by enter- Department of the War. He says in that projects that will benefit both the de- ing into partnerships with the private sector. Dual-use technologies will be increasingly memo. This is, of course, following the fense and the commercial sectors. Second World War. Second, because the research is dual- important to ensure efficient use of defense procurement resources, and advances in this The Armed Forces could not have won the use, it is cost shared. Industry is pay- area will have the added benefit of strength- war alone. Scientists and businessmen con- ing the bulk of the cost in most of the ening the U.S. commercial sector. In order tributed techniques and weapons which en- TRP projects. This means that for for these projects to be effective, there abled us to outwit and overwhelm the every dollar we put in the TRP pro- should be a requirement that half of the enemy. Their understanding of the army’s gram we get from $2 to $10 of research funding be provided by non-federal partici- needs made possible the highest degree of co- that helps our defense efforts from the pants. operation. This pattern of integration must private sector. So this is leveraged I also want to cite a statement issued be translated into a peacetime counterpart money. We get a lot more back from by the White House in September 1992. which will not merely familiarize the Army the private sector than the Federal dol- This was, of course, while President with the progress made in science and indus- lars we put in. try but draw into our planning for national Bush was in the White House. This was, security all the civilian resources which can Third, the TRP program is competi- I believe, a statement that that admin- contribute to the defense of the country. tive. It is not in any way pork. It is istration and that President felt That is a statement, of course, from based on merit and on competitive se- strongly that these were worthwhile General Eisenhower shortly after the lection. The research goes to those in- activities. On the 15th of September Second World War. So the concept that stitutions that propose the most im- the statement was issued by the Presi- we are arguing for here—integration of portant research projects and who pro- dent’s Press Office. pose the best cost-sharing arrange- our military and commercial tech- The President today transmitted to the nology bases—the importance of this ments. This is how we assure ourselves Congress budget amendments for the Depart- that the work is important. Industry ment of Defense that would reallocate $250 principle, I think has been recognized would not put their money or time on million of the Department’s fiscal year 1993 for a long time. the line if they did not think the re- request to defense advanced technology pro- The superpower, in a defense sense, search would pay off for them and for grams. The reallocated funds would be used the superpower in the 21st century will the Nation. in the areas of communications, high per- be that nation that best leverages its So I urge my colleagues to support formance computers, small satellites, sen- national technology and industrial sors to identify environmental contamina- base to achieve critical defense goals. the Bingaman amendment, which does tion and manufacturing technology. These not, as I understand it, shift funds but areas are essential to national security, and Dominant battlefield awareness is one which expresses the strong sentiment also have dual-use civilian applications. The of those recognized goals of our De- of the Senate on these programs. funds for these advanced technology pro- fense Department today, and clearly I urge my colleagues on the Appro- grams would be reallocated from lower prior- emphasis on these dual-use tech- priations Committee, Senator STEVENS ity defense programs. nologies is important for us to achieve and Senator INOUYE, to do the best Madam President, the views that that dominant battlefield awareness. they can in conference to hold the Sen- were expressed in 1992, both by the That is the view of General ate mark and not to cut below the Sen- group of Senators who participated in Shalikashvili. ate mark, which is already going to the Rudman task force and by the DOD-industry partnerships have been take this program to a point of some White House under President Bush, successful. Our $700 million investment jeopardy. were echoed very recently in a hearing in SEMATECH over the past 8 years, So I thank the Senator for his leader- we had before the Armed Services Com- which has been matched by industry, ship. This has been a subject that he mittee where I asked, first, General has been an enormously more produc- has led in the Senate Armed Services Shalikashvili, Chairman of the Joint tive investment than some of our ear- Committee and in the Senate and in Chiefs of Staff, what his view was on lier investments in defense-specific the Congress. In my view, the Senator the value of these types of programs semiconductor research. from New Mexico has done a great deal and where they fit in the priorities of Secretary Perry also has come out of meritorious work for our long-range the administration today. very strongly in support of this. Let S 3586 CONGRESSIONAL RECORD — SENATE March 7, 1995 me just cite a quotation from him be- Mr. INOUYE. Madam President, I projects that do not have defense rel- fore I conclude, Madam President, be- wish to commend my distinguished col- evance. cause he spoke well the other day league from New Mexico for his ex- Indeed, the Congress took specific about the importance of these pro- traordinary leadership in guiding the legislative steps to ensure this greater grams. I asked him where these stood TRP policy and program throughout service role in the TRP effort. in his list of priorities, and he said, and all of these years. First, Congress mandated that the I quote: I wish to, at this time, provide to my Assistant Secretaries for Research, De- I consider it [the Technology Reinvest- friend from New Mexico my personal velopment, and Acquisition for each of ment Project] one of our highest priority assurance that everything possible will the military services be made full programs. I hope I have the opportunity with be done to maintain the Senate posi- members of the council which approves the Congress to defend—to vigorously de- tion on this matter. Thank you very all TRP projects. fend—the importance of this program. I much. Second, the Congress directed that think some of the moves to rescind it and Mr. MCCAIN. Madam President, I do $75 million in fiscal year 1995 TRP criticize it are made from some confusion as funds were to be available only for to what the program is. It is being confused not intend to oppose what the man- projects selected in areas of interest with some of the technology earmark pro- agers seek. This is a voice vote on this grams which have been added by Congress in amendment, primarily because it is a designated exclusively by the military past years. I would remind all of this com- sense-of-the-Senate amendment. service acquisition executives. mittee— I will have a lot of remarks to make Every TRP project includes at least That was the Armed Services Com- about the TRP program and about 50 percent cost share from the teams mittee. where it should be in the priority list performing the work. Thus, the Penta- gon is able to get twice as much or that all TRP programs are competitive. In- of the needs of the American defense deed, they are highly competitive. There are establishment. My amendment that more for each Federal dollar invested many—indeed, sometimes dozens of—compa- will be forthcoming will address the in these programs. nies submitting proposals on them. So we TRP. I will save my remarks for that While a lower level of investment in get the best out of many different proposals. eventuality, which I hope will take TRP is in order as we search for funds And secondly, all of them are funded 50 per- place as soon as this amendment is dis- necessary to restore the readiness, as I cent by industry; at least 50 percent by in- posed of. mentioned before, we do not believe we dustry. So they are very highly leveraged. should terminate this program. We get quite a good benefit from this. We de- Let me just say that there are a lot of nice-to-have things that we should I also think it is noteworthy, Madam pend in the future on being able to integrate President, that the sense-of-the-Senate our defense technology base into the na- use our defense funds for. There are a tional technology base and this TRP pro- lot of very necessary and vital things resolution here mentioned Sematech. gram is an absolute key to doing that, and and missions and purposes that are not Sematech is a consortium of major any individual TRP program is a good deal being fulfilled now. I do not rank TRP U.S. chip manufacturing firms. in and of itself. as one of those that is vital. I view it Sematech has achieved a number of Madam President, that sums up the as one that is nice to have. things. However, the consortium has case. I think the procedural situation I have very serious question about received substantial Federal funding we find ourselves in has been alluded to the criteria that are used and, indeed, for 3 years more than was originally before. Let me just reiterate it. We many of the funding of specific planned. have a proposal from the House of Rep- projects, which I will name when I get Sematech demonstrates that we resentatives which would rescind the into my amendment. must set firm, clear objectives for $502 million in the TRP; the entire With that, I yield the floor. these projects and limit the efforts to a definite, finite duration. These efforts amount. The PRESIDING OFFICER. Is there cannot become entitlements which an- The appropriators here on the Senate any further debate on the amendment? nually drain the DOD’s limited budget side have concluded that they have to, Mr. STEVENS. Madam President, I dollars. because of the other pressing needs of want to set the stage for consideration I do not want to leave the impression the Defense Department, rescind $200 of this amendment. The House pro- that these projects have not been suc- million. Quite frankly, that is a very, posed rescission of $502 million in what cessful. I have a list here of the very major cut in this program which I is known as this Technology Reinvest- projects which we feel do contribute to think will undoubtedly do damage to ment Program [TRP]. TRP will be in Department of Defense needs. the program. But I am willing to defer conference, in other words. Mr. President, I ask unanimous con- to their judgment. I am willing to do as Our committee responded to the De- sent that that list be printed in the all of us will have to do in the coming partment of Defense’s appeals to the RECORD at this point. months; that is, tighten our belts to Senate to support the TRP program. There being no objection, the mate- deal with our budgetary problems. I am To date, the Department has received rial was ordered to be printed in the willing to take their commitment that 3,000 proposals for TRP, and selected RECORD, as follows: they will go to conference and fight as only 251 for funding. It is an extremely A LIST OF TRP PROJECTS WHICH CONTRIBUTE best they can to maintain the Senate competitive process which has pro- TO DOD NEEDS position and keep this program alive duced about an 8.5-percent success and healthy. Affordable Composites for Propulsion rate. That is unfortunate. (Value—$25.0 million, Prime—Pratt & Whit- This is a very high priority for our The Senate recommendation allows ney, West Palm Beach, Florida). Department of Defense. I believe it is a the Advanced Research Projects Agen- Precision Laser Machine (Value—$33.8 mil- high bipartisan priority for many here cy [ARPA], the agency of the Defense lion, Prime—TRW, Redondo Beach, Califor- in the Congress. Department that has jurisdiction over nia). Madam President, before I conclude this program, to continue the ongoing Uncooled Low Cost Infrared (IR) Sensors and sit down, let me just indicate, as TRP projects. We have provided enough Technology Reinvestment Alliance (ULTRA) cosponsors on the amendment that I (Value—$9.2 million, Prime—Inframetrics funds to begin new projects and to con- Inc., North Billerica, Massachusetts). have sent to the desk, I want to list tinue, as I said, the ongoing projects. Trauma Care Information Management Senators NUNN, LIEBERMAN, ROCKE- The new projects will focus on areas se- System (Value—$15.1 million, Prime—Rock- FELLER, and BOB KERREY from Ne- lected by the military services them- well International Corporation, Richardson, braska. selves. Texas). The PRESIDING OFFICER. Without This is a mandate promoted by our Digital X-Ray system for Trauma and Bat- objection, it is so ordered. committee and approved by Congress. tlefield Applications (Value—$6.1 million; Mr. BINGAMAN. Madam President, I The Senate’s proposed rescission will Prime—General Electric Corporate Research & Development, Schenectady, New York). yield the floor. reinforce Congress’ requirement that Next Generation High Resolution & Color Mr. INOUYE addressed the Chair. we mean to assure that defense needs Thin Film Electroluminescence (TFEL) Dis- The PRESIDING OFFICER. The Sen- are the dominant element in each TRP plays (Value—$29.2 million, Prime—Planar ator from Hawaii. project and will eliminate funds for Systems, Inc., Beaverton, Oregon). March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3587 Developing Speech Recognition for Future Mr. BINGAMAN. Madam President, I Finally, Madam President, State and DSP’s in Hand Held Computers (Value—$3.0 ask unanimous consent that Senator local governments have the ability million; Prime—Dragon Systems, Inc., New- KENNEDY be added as a cosponsor of the under the law to enforce stricter stand- ton, Massachusetts). previous amendment. ards for cleanup than Federal law re- Development of Monolithic Motion-Detect- The PRESIDING OFFICER. Without quires. State and local governments ing Components Made with MEMS Tech- nology (Value—$7.6 million; Prime—Analog objection, it is so ordered. also have the ability to levy fines and Devices, Inc., Wilmington, Massachusetts). Mr. STEVENS. I move to reconsider penalties against the Department of Wearable Computer Systems with Trans- the vote. Defense if it fails to comply with these parent, Headmounted Displays for Manufac- Mr. MCCAIN. I move to lay that mo- standards. If too much is cut from this turing, Maintenance, and Training Applica- tion on the table. account, then the Department of De- tions (Value—$5.1 million; Prime—Boeing The motion to lay on the table was fense may find itself using environ- Computer Services, Bellevue, Washington). agreed to. mental restoration funds to pay fines Object Technology for Rapid Software De- and litigate court cases arising from velopment and Delivery (Value—$24.5 mil- PRIVILEGES OF THE FLOOR Mr. STEVENS. Madam President, I noncompliance with State and local lion; Prime—Anderson Consulting, Chicago, laws. That does not seem to be an effi- Illinois). ask unanimous consent that Mr. Jo- Portable Shipbuilding Robotics (Value— seph Fengler and Mr. Sujata Millick be cient use of these limited dollars. $12.5 million; Prime—CYBO Robots, Inc., In- permitted privileges of the floor during Madam President, the fact is that dianapolis, Indiana). consideration of this bill. when we close a base or even if we have Mr. LAUTENBERG. Madam Presi- The PRESIDING OFFICER. Without an open base and there is an environ- dent, I rise today in support of the objection, it is so ordered. mental problem on those bases, I think our obligation is clear. Our obligation amendment offered by my colleague AMENDMENT NO. 322 from New Mexico. I would also like to is clear that we clean up that base. Mr. MCCAIN. Madam President, I Clearly, it is a very expensive propo- commend my colleague for his strong have an amendment at the desk and leadership on this issue. sition. And there is no doubt that if we ask for its immediate consideration. cut these funds, somewhere there will At a time when we must be very pru- The PRESIDING OFFICER. The dent in allocating our resources, dual be military installations that are envi- clerk will report the amendment. ronmentally unsafe. use defense programs, like TRP and The legislative clerk read as follows: I do not see how we get around that Sematech can prove to be a good in- The Senator from Arizona [Mr. MCCAIN], obligation. I do not see how we can just vestment. These programs enable the proposes an amendment numbered 322. cut money for environmental cleanup Department of Defense to competi- Mr. MCCAIN. Madam President, I ask and ignore the very severe situations tively leverage Federal dollars with unanimous consent that further read- that exist today. There is a base in my private sector matching funds to better ing of the amendment be dispensed own home State. It will be many years meet our defense—and domestic— with. before the environmental cleanup is needs. The PRESIDING OFFICER. Without completed. The estimate of the cost of If we are serious about balancing the objection, it is so ordered. that cleanup, by the way, has increased budget and getting our fiscal house in The amendment is as follows: by a factor of 10 since the base was rec- order, then we are going to need to find ommended to be closed just 3 years additional savings in all areas of the On page 21, line 9, strike out ‘‘$300,000,000’’ and insert in lieu thereof ‘‘$150,000,000’’. ago. Federal budget, including the defense On page 22, line 15, strike out ‘‘$351,000,000’’ So, I do not really understand how we budget. As the defense budget declines, and insert in lieu thereof ‘‘$653,000,000’’. rationalize a reduction in environ- it will become cost prohibitive for the Mr. MCCAIN. Madam President, this mental cleanup funds. I do not think Department of Defense to sustain a amendment would restore half, $150 my record indicates that I am some separate defense industrial base, which million, of the committee-rec- kind of a wild-eyed environmentalist, in many cases might very well be du- ommended cut in defense environ- to say the least. But I do not see how plicative. Programs like TRP and mental restoration account, and the we cannot fulfill the obligation that we Sematech capitalize on presently avail- amendment would offset this spending have to the taxpayers of America, and able new commercial technologies to with recision of an additional $302 mil- that is to clean up defense installations meet military needs. In an era of lim- lion in the Technology Reinvestment which reside in their States and their ited resources, these programs enable Program known as TRP. communities that are in need of envi- us to make better use of the funds that The net effect of the amendment is to ronmental cleanup. are available. reduce defense budget authority by $152 Let me talk a little bit about the The TRP has come under some scru- million and outlays by $110 million in TRP, which is obviously a very attrac- tiny for ineffective management of fiscal year 1995, which could be credited tive program to many. It is the Tech- late. And I would agree that, like most to deficit reduction. nology Reinvestment Program. First of every other program in the Federal Madam President, first of all, in the all, the selection criteria which I quote Government, TRP could be managed past several years, as we all know, the from the ARPA program information more efficiently. But that is not a rea- Department of Defense has experienced package for the Technology Reinvest- son to cut funding for what is on the significant increases in the cost of en- ment Program for the 1995 competition whole a good program. vironmental cleanup, as have most states that the criteria should be for Dual-use programs, like TRP and public and private industries. All we technology development competition Sematech, allow the Department of De- have to do is look at the Superfund and only incorporating all statutory selec- fense to maximize its research and de- know of the enormous challenges that tion criteria for the three statutory velopment dollars. For its part, the De- face this country in the area of envi- programs under which the competition partment of Defense gets technologies ronmental cleanup. is being conducted. They should be de- which are critical to our Nation’s mili- Because of these costs, I think the re- fense relevant. Results of future com- tary needs. While the companies, on duction of $300 million in defense envi- mercialization of product or of the the other hand, get technology which ronmental restoration is too severe a process are as follows: critical defense will enable them to compete more ef- reduction. In addition, my colleagues technology is preserved; a defense ca- fectively in the global marketplace. should be aware that the account pability is more affordable; or—and I Mr. STEVENS. Madam President, if which is being cut will be the source of emphasize ‘‘or’’—a significant improve- there is no further comment, I ask for funding to clean up at bases rec- ment in house safety or environment, a voice vote. ommended for closure in the 1995 especially in manufacturing, is accom- The PRESIDING OFFICER. The round, at least until the 1996 appropria- plished. question is on agreeing to the amend- tion of BRAC cleanup is approved. Cut- Madam President, that ‘‘or’’ seems to ment. ting this account could therefore have be the operative clause here. Other- So the amendment (No. 321) was an effect on the cleanup of bases that wise, I do not see how in the world we agreed to. are being closed. would approve of the San Francisco S 3588 CONGRESSIONAL RECORD — SENATE March 7, 1995 Bay Area Rapid Transit Authority re- More than half the family housing is rated So, Madam President, I ask for the ceiving $39 million for a 2-year effort to inadequate, and Defense Secretary William yeas and nays on this amendment. demonstrate a precision location sys- J. Perry cites the poor condition of military The PRESIDING OFFICER. Is there a tem for trains in tunnels. I do not see housing as the number one complaint he sufficient second? hears from soldiers on visits to bases. how that is a critical defense tech- But at a time of shrinking budgets, Penta- There is a sufficient second. nology being preserved or a defense ca- gon officials have come up with only some The yeas and nays were ordered. pability being more affordable. token extra millions of dollars to throw at a Mr. STEVENS addressed the Chair. And, $6.9 million was awarded to a problem requiring billions— The PRESIDING OFFICER. The Sen- consortium of businesses and govern- I repeat— ator from Alaska. ment entities based in the Southeast- requiring billions to fix. Mr. STEVENS. Madam President, ern United States to assist small busi- there is a great deal of what the Sen- nesses and in developing pollution pre- Madam President, last year, the ad- ator from Arizona said with which I vention and environmentally safe in- ministration sent over a request that agree, but I think that he has over- dustrial processes; $15.8 million was did not include the pay raise for the looked the task that we had. We had awarded to demonstrate the feasibility men and women in the military. There the task of finding almost $2 billion, of establishing online linkage of medi- are hints we now have—the quaint and we are five-twelfths through the cal data bases among medical centers phrase—‘‘congressionally mandated year in terms of the moneys with in hospitals across the United States; pay raises.’’ Congressionally mandated which we are dealing. As a practical $7.6 million was shelled out for a pay raises. That is interesting, because matter, the largest account that is project designed to develop highly effi- the fact is the pay raises for the men unspent is, in fact, that which is enti- cient power electronic building blocks and women in the military to keep up tled ‘‘environmental funding.’’ to convert, control, and condition elec- with the cost-of-living should not be It is a little bit more than $5.5 bil- tricity to meet U.S. commercial elec- congressionally mandated. They should lion, and we are affecting by the rec- trical requirements. be requested by the administration, ommendations we have made here less Madam President, in my view, it which I am happy to see that they are than 6 percent of the total funding for would take a great leap of the imagina- doing with this year’s 1996 budget. But the environmental accounts. Other tion to view those as a critical defense for 2 years, there was no request for items that we are dealing with, par- technology being preserved or defense pay raises for the military. ticularly in terms of the TRP funds, capability being more affordable. It I do not know how we justify this represent a great deal more of the ac- probably meets a significant improve- kind of spending when we have inad- count. ment in health safety or environment, equate housing, when we have men and Let me just say this: If I had a way or it could be construed as such. women in the military who are spend- now to put the money that is in either The fact is that the TRP is probably ing incredible times away from home, account into the military construction a very nice thing to have. Last year, in when we are cutting back on flying bill, I would do that. In the last year, the fiscal year 1995 National Defense hours, steaming hours and training at my request, we added—and that was Act, I sponsored legislation to require hours, when any objective observer has one of those infamous congressional the GAO to independently assess the agreed that we need to improve the add-ons to the budget—$81 million for TRP awards in the context of the ob- readiness, and that readiness is begin- additional military housing. I wish we jectives specified in law. ning to suffer rather significantly, and could get a greater interest in upgrad- Although the review is not yet com- yet we have already spent $1.4 billion, ing this housing, and I think that the plete, GAO’s tentative findings show and are now spending an additional story on the front page of the Post is that TRP awards were generally not $150 million. very accurate. driven by the military criteria. In fact, I also want to return for a minute to But the problem really is that if we GAO found that the panel members the issue of environmental cleanup. look at the environmental account, who reviewed proposals submitted to Unless a base is environmentally clean, which we did in great detail, we are DOD for TRP awards were not even or substantially so, a base cannot be looking at a project where they still briefed on the legislative objectives of turned over to the local authorities, or plan to spend $810 million in this fiscal the program. Thus, a national security whoever is involved in the negotiations year on studies of these environmental criteria was generally accorded lesser for the use of that base. We know what restoration sites. We have eliminated a rank weight in the decisionmaking happens to the costs of environmental substantial portion of those studies. process. The final report of the GAO cleanup. And now for us to cut the That is what our cut does. will be available in May. funding for environmental cleanup, in We have urged that the Department We have already spent $1.4 billion for my view, would be a very, very serious proceed now and not spend so much the TRP program in the past 3 years, in mistake. money studying these projects and in- my view, with little to show for it in I want to say that Sematech is a suc- stead do them. They are not that large the way of militarily useful tech- cessful endeavor. Sematech, I believe, and they mostly can be done without nologies. As a result, I think the action has been a wise investment of Ameri- these enormous nationwide studies. of the House Appropriations sub- ca’s tax dollars, and I also think it is They just seem to be enveloped in stud- committee recommended rescission of well to point out that 1996 will be the ies. most of the 1995 funds for this program, last year that Sematech requires Gov- We will have reduced the budget re- in my view, should be the same. ernment appropriations, which is ex- quest by $700 million through this re- Let me talk about priorities a sec- actly the way it was designed and is ex- scission, and it is primarily aimed at ond. This is $302 million that would be actly the way that these things should that study account. If we look at this earmarked for this particular program, be accomplished. account, as I have said, DOD has spent appropriated for this particular pro- But I suggest that in this era of very almost 60 percent of all of the cleanup gram. tough priorities—in testimony before funds we have made available so far on Today on the front page of the Wash- the Senate Armed Services Committee studies. We think that at a time of ington Post: this morning from the Secretary of the emergencies such as this is, it is time Fort Bragg, NC—After decades of neglect, Navy and the Chief of Naval Operations to reallocate funds. Again, we are not U.S. military housing has so deteriorated also making clear that their priorities, increasing funds for either the TRP, that Pentagon leaders say it is discouraging if there was any additional money, that is the Technology Reinvestment soldiers from reenlisting and thereby handi- would go to additional aircraft, addi- Program, or the environmental res- capping the military’s readiness. tional ships, additional pay and bene- toration account. We are decreasing Many barracks and family apartments, fits for the men and women in the mili- both. So we are talking about where to built soon after World War II, are cramped and suffer from peeling lead-based paint, tary. Nowhere—nowhere—do I hear any cut more. hazardous asbestos, cracked foundations, member of the uniformed military even If we look at the amount of money corroded pipes or faulty heating and cooling knows what TRP is much less believe available, there is a great deal more systems. that it is a national priority. money available in the environmental March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3589 restoration account, mainly because it them at all. The real emergency areas DOD and DOE defense environmental is reserved for studies which can be where we are having to do specific en- programs be reduced by $930 million in conducted next year, if necessary. If vironmental projects, in the process of fiscal year 1995. they are necessary, we can appropriate carrying out the base closure process, The proposal of the subcommittee is money for them in 1996. But right now, have not been at all affected by the to reduce them by $400 million total, there are other projects which are on- recommendations that we have made and I think that is a much more rea- going in the Technology Reinvestment from the committee. sonable level of funding in those areas. Program. I already put the list in the I urge the Senate to realize that we Let me also talk a moment about the RECORD. had before us a rescission from the TRP. I think the Senator from Alaska There is an affordable composites for Technology Reinvestment Program did a good job of pointing out that propulsion project in Florida. from the House. This will be a con- there are many useful defense-related There is a precision laser machine ference issue. Both the House and the programs going forward with TRP project in California, Redondo Beach. Senate proposed to reduce that fund funding. There is an uncooled low-cost infra- but not by the same amount. Let me just cite a couple of them. red sensor technology reinvestment When we look at the ongoing projects One of the programs is the multichip program in Massachusetts. under the Technology Reinvestment module program. The breakthrough in There is a trauma care information Program in which we have already in- the 1960’s was the microchip where management system in Richardson, vested some taxpayers’ money, if we many, many transistors could be put TX. are going to use the money efficiently, on one small piece of silicon to dra- There is a digital x-ray system for we should provide enough to carry out matically reduce the size, weight, and trauma and battlefield applications in those projects, and that is what we cost of electronics. The military was Schenectady, NY. have done. That basically is all we the first user of microelectronics and There is a next generation high reso- have done. this was the technology that made the lution thin film electroluminescent, So I do hope that we can keep the ICBM and all later advanced weapons what we call a TFEL display, again, TRP funding at the level we have indi- possible. Of course, now the commer- with a military impact, in Beaverton, cated. I do believe the House may in- OR. sist on changing it somewhat. As a cial demand for this technology dwarfs There is a speech recognition by digi- matter of fact, the House is probably the military market. But that does not tal signal processors for hand-held going to insist on changing several of diminish its importance to the Defense computers, again, defense impact in the items where we have made changes Department. Newton, MA. in their recommendations. But we The breakthrough of the 1990’s is the There is a monolithic motion detect- made an extensive study of this, and I multichip module technology where ing components technology with personally had several meetings with many, many chips are put on one com- microelectrical mechanical systems, the Deputy Secretary of Defense, Dr. mon substrate to dramatically increase again it is in Massachusetts. Deutch, because of his personal inter- once again military system perform- There is one in Bellevue, WA, wear- est in the subject matter and in the ance and lower their costs. TRP is able computer systems with a trans- concept of technology. We have kept meeting this challenge by cost sharing parent head mounted display for, basi- the cut but not at the level suggested an effort with the consortium that cally, computer services in aircraft. by the Senator from Arizona. brings together the emerging partici- They are all very high-tech and, as I urge the Senate to keep the rec- pants in this new industry in an effort far as we can see, they ought to be con- ommendations of the Senate Appro- to lower equipment manufacturing tinued. We have provided enough priations Committee. They were costs by making all needed technology money so that we do not have to re- reached after, as I said, substantial advances simultaneously. Members in- duce any of the ongoing projects. consultation with those involved in the clude GM Hughes Electronics, IBM, Unfortunately, the amendment of the projects. Micromodule Systems, Motorola, Senator from Arizona will do that. It Mr. BINGAMAN addressed the Chair. nChip, Polycon, and Texas Instru- will reduce the funds that are available The PRESIDING OFFICER. The Sen- ments. Sandia National Laboratories for ongoing projects. It will increase ator from New Mexico. will establish a test bed to support the the reduction in the program of the Mr. BINGAMAN. Madam President, I effort. technology reinvestment area, that I wish to speak briefly to support the Madam President, there are a couple just mentioned, by $302 million. statements the Senator from Alaska of items that I received from the De- It restores a portion of the money to has made and the position the Appro- partment of Defense to make the point. the environmental restoration account, priations Committee has come to the This is a printed circuit board which money that is really not needed this floor with in this area. shows the circuitry needed for an ad- year. It is there. It is available. It has As I think the Senator from Arizona vanced weapons system and the been appropriated. As a matter of fact, pointed out, his amendment would do multichip module which is being devel- in recent years, there has been a sub- two things, two very different things. oped through TRP funding to replace stantial carryover in that account. I It would, first of all, cut and eliminate it—this much smaller item. That is the urge the Senate to take the rec- the technology reinvestment project by kind of a breakthrough we are trying ommendation of the committee. It was rescinding all of the funds in that pro- to finance and accomplish and bring reached after substantial consultation gram, which I think would be a very about through use of this dual-use with both the military services and the misguided action by this Congress. technology. civilian people in the Department of Second, it would restore some of Let me cite one other example, and Defense. It is a level which no one likes those funds to the environmental this is the TRP precision laser machin- to see reached. The moneys are being cleanup activity. The Senator from Ar- ing project. reduced for both accounts. But I tell izona pointed out that he himself has Let me again show a very small, lit- the Senate, if we are going to find $2 not been known as a wild-eyed environ- tle item to my colleagues. This sample billion and do the least harm to ongo- mentalist. I think that was the phrase illustrates the initial results under this ing projects that have already been ap- he used. I certainly think there is some TRP project. Graphite composite mate- proved, we should take from the money truth to that. rial similar to that used in stealth air- that is in this enormous account of al- Earlier, after this last election, on craft has 1,600 laser-drilled holes which most $6 billion and take it from the December 5, 1994, he and Senator WAR- were accomplished in only 10 minutes. area of the planned studies. No ongoing NER sent a letter to President Clinton The TRP will develop further this cleanup project should be harmed. urging that much of the funding be technology to be able to achieve a Incidentally, as I indicated in the be- dropped in the defense budget and spe- much faster hole drilling rate, up to ginning of my statement, the moneys cific programs be eliminated, and in 10,000 holes per second, without sac- for base closure environmental studies that list of programs he sent to the rificing the unprecedented hole quality are already there. We have not touched President he himself proposed that already achieved and illustrated here. S 3590 CONGRESSIONAL RECORD — SENATE March 7, 1995 At that point it will be feasible to proc- standards.’’ That is out of a $6 billion appropriately allocating the fiscal burden of ess entire airframes in about 1 day, en- overall authorization, and is in keeping federal environmental programming across abling laminar flow control by these with the CBO recommendations. all government agencies. holes in critical airflow surfaces. This For the edification of my friend and You and I are both aware of the growing colleague from New Mexico, I wrote a scarcity of defense dollars to carry out our performance-enhancing flow control is national security priorities. Therefore, we impractical to manufacture with cur- letter on January 23 of this year where must work together now to ensure that we rent technology, and the laser hole I stated: put the immediate needs of our common de- drilling provides not only the speed but As you know, I wrote to the President on fense as our first priority. the quality required to make the proc- December 5, 1994, asking that he defer the As Chairman of the Readiness Subcommit- ess practical and cost effective. obligation of funding for certain defense pro- tee of the Armed Services Committee, which The Department of Defense points grams, including the environmental ac- has jurisdiction over the environmental res- out that the result will be substantial counts of the Departments of Defense and toration program of the Department of De- Energy. I would like to clarify my intent in from their perspective of enhanced fense, I intend to look into these issues very including $930 million in DOD and DOE envi- closely during the FY 1996 budget review. I military aircraft component perform- ronmental accounts in the listing of pro- would like to request your assistance in ance and improved fuel efficiency by grams characterized as lower priority fund- identifying specific areas of the Depart- more than 3 percent, saving about $400 ing. ment’s environmental restoration accounts million per year. This technology will First, let me assure you that I understand which you believe should be distributed out- also reduce life cycle costs by about the importance of environmental cleanup side of the Department. In this review, I $100,000 per engine by using these pre- and fully support the need to provide ade- would ask that you look closely at research quate funding to accomplish this daunting and education funding, as well as the stand- cise laser beams to drill holes with the task. Therefore, I believe it is incumbent highly increased precision and repro- ards and remediation techniques to ensure upon the Department of Defense to bear its that cleanup funding is being used efficiently ducibility shown in this sample. fair share of the burden of remediating any and in the most cost-effective way to protect problems resulting from the conduct of nec- Madam President, let me just con- human health. essary military activities. However, I also clude by pointing out again the state- As always, I appreciate your assistance in feel strongly that costs such as research and ment by Secretary Perry before the this matter. I will be sending a copy of this Armed Services Committee, which my education, as well as other costs not directly related to actual cleanup activities, should letter to the Secretary of Energy. colleague from Arizona serves on with be borne equally by all entities, whether gov- Sincerely, me, where, when asked about the TRP, ernmental or private, rather than one or two JOHN MCCAIN, he said, ‘‘I hope I have the opportunity federal agencies. U.S. Senator. with the Congress to defend, to vigor- It is in this context that I suggested that Mr. STEVENS. Madam President, in ously defend the importance of this a portion of the DOD and DOE budgets for closing this debate, and I do not know program.’’ environmental programs be reviewed and re- whether it will or not, but let me just Madam President, if we adopt the considered in the context of more fairly and make my final remarks. amendment by the Senator from Ari- appropriately allocating the fiscal burden of I want to emphasize to the Senate federal environmental programming across zona we are not giving the Secretary of all government agencies. the difficult task we have had to find Defense that opportunity. There has money to offset the funds necessary to So I want to assure my friend from been no hearing that can be cited by restore the training, operation, and New Mexico, to clear up any mis- the Senator from Arizona here. He is maintenance accounts for the Depart- conception as my intent in the letter I proposing or suggesting that the Sen- ment of Defense. We have done that by sent to the President on December 5 ate, in our ultimate wisdom, should taking funds from accounts, some of and January 23. I would be glad to pro- substitute our judgment for that of the which we may replace in 1996. But we vide him with a copy of those. Secretary of Defense, for that of the are taking them from accounts where Madam President, I ask unanimous Under Secretary of Defense, for that of we know they cannot be spent this consent this letter be printed in the the Chairman of the Joint Chiefs of year. There is no way the department RECORD. Staff. In my view this would not be is going to spend all of the remaining There being no objection, the letter wise. We need to keep funding in the $800 million that is available for stud- was ordered to be printed in the TRP, keep this a program that contin- ies in this environmental restoration RECORD, as follows: ues to go forward in these very impor- account. tant areas. U.S. SENATE, The account does not need more As the Senator from Alaska pointed January 23, 1995. money now. There is no showing at all Hon. WILLIAM PERRY, out, the additional funding that is Secretary of Defense, that it needs more money. As a matter being transferred to environmental ac- The Pentagon, Washington, DC. of fact, in the Technology Reinvest- tivities is just not needed this year. DEAR MR. SECRETARY: As you know, I ment Program, all we have funded is Madam President, I hope very much wrote to the President on December 5, 1994, the money for the ongoing projects this amendment will not be agreed to asking that he defer the obligation of fund- that have already been approved and and that we can support the position of ing for certain defense programs, including additional efforts that have defense the Appropriations Committee. the environmental accounts of the Depart- relevance. That means we are going to Several Senators addressed the ments of Defense and Energy. I would like to continue those ongoing projects which clarify my intent in including $930 million in Chair. DOD and DOE environmental accounts in the were determined to have defense rel- The PRESIDING OFFICER. The Sen- listing of programs characterized as lower evance for this year. ator from Arizona. priority funding. We are talking still about this year. Mr. MCCAIN. Madam President, let First, let me assure you that I understand We still have to review the TRP pro- me thank the Senator from New Mex- the importance of environmental cleanup gram for 1996 and we have to review the ico for reading the letters I sent to the and fully support the need to provide ade- environmental restoration account for President. I appreciate it. I will try to quate funding to accomplish this daunting 1996, but I plead with the Senate to make sure that he is made aware of the task. Therefore, I believe it is incumbent look at the problem we had to find upon the Department of Defense to bear its correspondence I have between myself fair share of the burden of remediating any money to offset the emergency request. and the President and the Secretary of problems resulting from the conduct of nec- We have taken the emergency off. We Defense. I point out to my friend from essary military activities. However, I also have taken the emergency off because New Mexico, he did not get several of feel strongly that costs such as research and we found, dollar for dollar, outlay for my correspondences, nor the gist nor education, as well as other costs not directly outlay. Both outlays and budget au- intent of the recommendations I made. related to actual cleanup activities, should thority are reduced sufficiently to off- First of all, I made the recommenda- be borne equally by all entities, whether gov- set the moneys that are necessary to tions and I stated in the letter, ‘‘reduce ernmental or private, rather than one or two be restored in the operating accounts federal agencies. overemphasis on environmental clean- It is in this context that I suggested that of the military services, plus there is up and reduce funding to account for a portion of the DOD and DOE budgets for some money for the Coast Guard. management savings, use of more ef- environmental programs be reviewed and re- Our task was to reduce spending ac- fective technologies and less stringent considered in the context of more fairly and counts for the balance of 1995 and take March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3591 money where it would do the least military capabilities through innova- leagues here in Congress. I share their harm to the department. I plead with tive technologies. concern that our military must be the Senate to realize that, of the $5.5 It is this possibility for a rapid, tech- fully prepared to insure national secu- billion appropriated for the Depart- nologically based emergence of a major rity. This is not an option, this is our ment of Defense environmental funding threat that dictates we support our responsibility. At the same time, some account, we have dealt with about $700 technology base as effectively as pos- of my colleagues are proposing and vot- million in study money. There is still sible, and focus our energies on highly ing for cuts in defense technology de- plenty of money there in the whole en- advanced, long-term technologies. velopment programs that are critical vironmental account. It does not need We cannot, of course, continue to pay to the defense readiness of tomorrow. the restoration moneys that are sug- for the enormous research and develop- ARPA AND DUAL USE gested by the Senator from Arizona. ment base of the cold war. We must Our current technological superiority The PRESIDING OFFICER. Is there now turn to the commercial sector, has not evolved overnight. DOD’s se- any further debate? which leads the Department of Defense cretive Advanced Research Projects Mr. LEVIN. Madam President, I will in many key technologies, to help sus- Agency (ARPA), the preeminent tech- vote against the McCain amendment to tain U.S. technological leadership. nology development entity in the cut funding from the technology rein- Dual-use technology development ef- world, has been successfully research- vestment project. I find this an un- forts, like the Technology Reinvest- ing and evolving new technology for ment Program, represent one of the pleasant task because I am strongly in military applications, in close alliance best conceivable approaches to meeting favor of full funding for environmental with the services, for the 37 years since this long-term national security need. cleanup and restoration at closed DOD President Eisenhower set it up. In ret- TRP is an especially effective program: bases. I am also a proponent of the rospect, it was a truly visionary Presi- TRP is supporting a vast range of de- technology reinvestment project. dential accomplishment. fense technology developments in areas The McCain amendment would cut What has ARPA done? Most of its ef- such as low-cost night vision, high-den- twice the amount of funding from TRP forts are classified, and it has pur- sity data storage, battlefield casualty than it would restore to DERA. That posely never recorded its history. Let’s treatment, and composite aircraft just look at a list of technologies that tells me that the purpose of this structures. amendment is to kill the technology TRP awards are matched by the pro- we can talk about that ARPA helped reinvestment project, which I believe is gram participants, effectively evolve: Supercomputing; desktop com- wrong. As the previous amendment of- leveraging taxpayer dollars. puters; the internet (formerly fered by Senator BINGAMAN showed, it TRP awards are competed and rep- ARPAnet); stealth; the entire field of is the sense of the Senate that the TRP resent a much more efficient approach materials science and composites; is important to our national security, than saddling DOD research programs GPS—the global positioning system and ought to be the norm for the way with earmarks that often duplicate or run by atomic clocks; laser technology the Pentagon does business. misdirect existing efforts. including laser machining; high resolu- I believe that the TRP is a good ex- Finally, TRP allows DOD to drive tion digital imaging; advanced acous- ample of a new way of doing business down costs by leveraging commercial tics; smart weapons; and even the ubiq- between the Federal Government and large-scale production. uitous computer mouse. the private sector, one that is coopera- TRP is truly a cents-on-the-dollar This is only a partial list, but this tive, cost-shared, competitive, and mu- program that will secure U.S. long- list alone has revolutionized not only tually beneficial. term security interests well into the the U.S. warfare machine, but U.S. ci- Mr. ROBB. Madam President, I rise next century. While I applaud and vilian society. today in support of the amendment of- strongly support readiness today, let’s THE TECHNOLOGY PROGRAMS AT ISSUE: TRP fered by Senator BINGAMAN and of U.S. not compromise our future—a future The Technology Reinvestment dual-use technology efforts in general. that will require much foresight and Project [TRP] has been the first victim The U.S. military will be challenged technological excellence to deter and, of the technology attack. It is designed repeatedly as a deterrent and fighting if necessary, defeat advanced military to be a dual use effort in a program force in the decades to come. We face threats. concept first developed by President the potential of a resurgent Russia, a Madam President, I yield the floor. Bush’s Director of ARPA. TRP projects new economic power that decides to Mr. LIEBERMAN. Madam President, are cost-shared at least 50/50 with in- pursue military dominance in its re- I rise in opposition to the proposed dustry, competitively selected, indus- gion, or a rogue regime with a nuclear amendment. First, let me say that I try-led and aimed at civilian and mili- weapon at its disposal. am concerned that among our early tary needs. Although the United States will re- acts in this 104th Congress we are What are ARPA’s TRP teams work- tain its preeminent position as the about to cut $1.9 billion dollars out of ing on? only military superpower for decades our defense budget. Among the cuts Item: Head mounted displays. Infan- to come, our relative military advan- proposed, are cuts to our critical tech- trymen can’t walk around with tage inevitably will wane. Identifying nology development programs. Since desktop computers. With light-weight, the next great military powers is obvi- technological superiority will win the head-mounted displays they can retain ously very difficult, but we can rest as- battles of tommorow, we are stealing full mobility but have a full computer sured that not all will share U.S. val- funds that will determine the readiness display of the battlefield and real-time ues and interests. The question today of future generations, to pay for de- intelligence and targeting data before is whether we will be able to respond fense emergencies today. I believe their eyes. rapidly and adequately to emerging these actions are a clear and present Item: Advanced information flow. threats. danger to our defense capability. In our Military command and control must Of particular concern are those na- zeal to increase defense readiness and process an exploding amount of intel- tions that will attempt to couple rapid fund operations while we control ligence data immediately to the battle- economic growth with tight political spending, control Government pro- field for response. But limited commu- control. Fortunately for democracies, liferation, control the deficit we may nications capacity now clogs our abil- this marriage of tyranny and a free be laying the groundwork for inevi- ity to transmit, process, and act on economy usually leads to divorce. But table future inferiority in critical de- that data. A TRP team is developing even a short-lived marriage of this sort fense technologies. This amendment digital communications command and is a reasonable prospect for several of only increases the damage that is being control equipment to burst massive today’s nondemocratic nations. Widely done to this critical technology devel- new amounts of data through the inter- available and rapidly advancing mili- opment effort. pretation and response pipeline at 10 tary technologies will allow these na- Military readiness is at the forefront gigabits per second, a 400 percent im- tions to arm relatively quickly and, of the defense agenda for both the ad- provement over today’s best equip- conceivably, to leapfrog some U.S. ministration and many of my col- ment. This will be the building block S 3592 CONGRESSIONAL RECORD — SENATE March 7, 1995 for a new integrated command and con- engine makers, and a wide rang of The Defense Department’s TRP is an trol network. other manufacturing technologies. innovative program that maximizes Item: Single chip motion detectors. These examples are the kinds of new the use of taxpayer funds to exploit By reducing motion detection to a sin- technologies we need for future battle- promising technologies by working co- gle chip accelerometer which can with- field dominance. ARPA’s TRP selection operatively with the private sector to stand accelerations up to 30,000 times criteria emphasizes nine areas of estab- ensure both our military and commer- the force of gravity, weapons guidance lished military need, from battlefield cial sectors seize and exploit these cut- and navigation systems can be made sensors, to mobility, to prompt cas- ting edge technologies. This coopera- significantly lighter and more sen- ualty treatment, to command and con- tive endeavor enhances our national se- sitive. This will be critical to the next trol capability to advanced materials. curity and economic well-being and generation of smart weapons. TRP technology projects also must moves us toward a single, cutting-edge Item: Uncooled infrared sensors. have civilian application to help cut national technology and industrial Desert Storm was launched as a night military costs and link into emerging base. The TRP program enables the attack using infrared sensors as the civilian technologies. TRP is a brand- Pentagon to exploit the rapid rate of basis for high speed attack operations. new effort and many of its investments innovation and market-driven effi- Our military needs to own the night are high risk. There are no doubt fixes ciencies evident in the commercial in- and a new generation of cheaper, much that will need to be applied to the pro- dustry to meet defense needs. By draw- more portable uncooled infrared sen- gram, and some of its military prior- ing on commercial technology and ca- sors are a crucial enabling technology ities may require clarification, as with pabilities wherever possible—along being developed by a TRP team. any new program. But to decimate it with the superior systems design and without even holding a hearing about Item: Autonomous all-weather air- integration skills of U.S. businesses— the cornucopia of technology advances craft landing. The efficiency of mili- the military can do its job more effec- it is spawning is rash, and dangerous to tary aircraft is still limited by night tively and at a far lower cost to the our military technology future. and weather conditions. Operations at taxpayer. Given some of the other program secondary fields are curtailed in these While I agree with the objective of cuts now on the table, the assault on conditions if a full ground control sys- TRP appears to be the beginning of a the McCain amendment to restore tem is absent, or if these facilities are larger assault on technology R&D, in funding to the Defense Environmental disrupted or damaged at a primary general. Given the dangers of the fu- Restoration Act accounts to provide site. Basing aircraft at a small number ture battlefield, this assault can only for environmental cleanups on defense of primary bases, is not a good alter- provide comfort to future enemies. bases, I cannot support the transfer to native, because our command of the air DERA from the TRP program. The $150 CONCLUSION becomes more vulnerable. A TRP team At a time when we need to renew our million reduction in the DERA pro- is working on placing all-weather air commitment to defense technology, gram, while regrettable, is a small por- traffic and landing control systems with an eye toward the necessary con- tion of the overall DERA program. In into every cockpit, making aircraft trol of defense spending, we are cutting addition, DERA is not the only pro- independent of ground control avail- back on the very programs poised to gram in the Defense budget that pro- ability and weather conditions. solve the problem. We must take ad- vides environment cleanup funding. On Item: Turboalternator. Army gas- vantage of civilian-led technologies. the other hand, the proposed cuts in guzzling battle vehicles require a vast We must control defense spending. We the McCain amendment coupled with and vulnerable logistics chain and must remain sufficiently superior to the TRP reductions already contained limit battlefield operations. The next our competitors to deter any threats to in the committee-reported Senate re- war may not be fought next to Saudi our national security. We have no scission bill, would virtually eliminate oil refineries. A TRP team is develop- choice. If we don’t capture the power of the TRP program. ing a turboalternator so main engines technological innovations, we can be As we all know, we won the cold war, can be switched off, but all equipment sure that our opponents will. in no small way because of our techno- and sensors can continue to operate, This amendment restores $100 million logical expertise. We won the cold war during silent watch modes. This multi- of TRP money to insure that we will be because there was a national commit- plies fuel efficiency and also makes de- the technological world leaders of to- ment to win it. We dedicated the re- tection through infrared emissions and morrow that we are today. I urge my sources to the research and develop- engine noise much more difficult. colleagues to vote against the amend- ment and to the manufacturing that Item: Composite bridging. Military ment. were required to win. We must con- operations continue to be controlled by Mr. KERRY. Madam President, I tinue in that tradition and I urge my terrain: every stream or ravine that wish to go on record in opposition to colleagues to reject the McCain amend- must be crossed creates a potential the McCain amendment and express my ment. strong point for enemy defenders and strong support for the Department of Mr. KENNEDY. Madam President, I disrupts the mobility that gives U.S. Defense Technology Reinvestment Pro- oppose this amendment. It seeks to forces much of their edge. Every time gram [TRP] which provides essential achieve a laudable goal, mitigating the our engineer forces have to bring up public-private funding for dual-use re- cuts imposed by the Supplemental Ap- cumbersome, heavy bridging equip- search and development. propriations Act on the environmental ment for a crossing, enemy defenders The collapse of the Soviet Union and cleanup of Department of Defense fa- can rally and our mobility is disrupted. the end of the cold war have not cilities. It would do so, however, by A TRP team is developing superlight, brought an end to the need for a strong eliminating the Department’s premier superstrong composites for United States military. We find our- dual-use technology program, the tech- superportable bridges to multiply the selves facing challenges that are dif- nology reinvestment project. I support mobility of our battlefield forces. ferent but no less complex: the spread this vital program to maintain our Item: Precision laser manufacturing. of nuclear weapons and major regional, military’s technological edge into the Precision laser machining technology, ethnic and religious conflicts, to name next century. Therefore, I oppose the by making aircraft parts microscopi- a few. These new threats increase the McCain amendment. cally precise, can make aircraft en- need for fast, flexible, mobile forces Through its environmental restora- gines much more efficient. A TRP equipped with the most advanced weap- tion effort, the Defense Department is team, working with higher power den- on systems. The Technology Reinvest- fulfilling its obligation to the commu- sity, more focused laser beams and ment Program will allow our troops to nities of America where military facili- variable pulse formats, aim to double defend themselves with the most cur- ties have contaminated the land, the life of military aircraft engines and rent, technologically advanced equip- water, or air. The President, the Sec- sharply improve fuel efficiency and ment and enhance our ability to re- retary of Defense, and the leaders of therefore range. Other beneficiaries in- spond effectively to any threat our the service branches have a solemn clude shipbuilders, airframe makers, troops may face. commitment to protecting our citizens March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3593 from environmental threats caused by and deployment; battlefield sensors; The result was announced—yeas 22, Department activities. command, control, communications, nays 77, as follows: Some have criticized the Depart- computers, and intelligence—so-called [Rollcall Vote No. 101 Leg.] ment’s environmental restoration pro- C4I; and electronics design and manu- YEAS—22 gram as being a nondefense activity, facturing. As Secretary Perry has tes- since the funding for the cleanup does tified, there can be no doubt that the Abraham Gorton Kyl Bradley Gramm McCain not go directly into the modernization program is funding projects that fulfill Brown Grassley Nickles or maintenance of our forces, and is direct defense requirements. Campbell Helms Roth therefore beyond the scope of the De- In some areas, such as command and Chafee Hutchison Snowe Craig Inhofe Warner partment’s responsibility. Nothing control software, commercial tech- Faircloth Kassebaum could be further from the truth. Keep- nology is more advanced than the cor- Feingold Kempthorne ing its lands free of contamination is a responding military technologies now clear obligation of any private or pub- in use. In these instances, the TRP NAYS—77 lic entity, including the Department of seeks to apply existing commercial Akaka Feinstein McConnell Ashcroft Ford Mikulski Defense. technologies to military applications. Baucus Frist Moseley-Braun An example of the urgency of ad- In other cases, such as battlefield sen- Bennett Glenn Moynihan dressing this problem can be found in sors, military technologies are more Biden Graham Murkowski my home State of Massachusetts. Over advanced, but the Department seeks to Bingaman Grams Murray Bond Gregg Nunn the decades of the cold war, activities take advantage of the lower cost pro- Boxer Harkin Packwood at Otis Air Force Base and Camp Ed- duction processes that commercial Breaux Hatch Pell wards on Cape Cod have resulted in manufacturing the marketing may pro- Bryan Hatfield Pressler drastic contamination. Roughly 65 mil- vide. Bumpers Heflin Reid Burns Hollings Robb lion gallons of ground water have been The House bill rescinds $500 million Byrd Inouye Rockefeller contaminated, threatening public in fiscal year 1994 and fiscal year 1995 Coats Jeffords Santorum water supplies and recreational ponds. funds for the TRP. This amount would Cochran Johnston Sarbanes Cohen Kennedy Shelby Last year, the Department of Defense effectively eliminate the program. The Conrad Kerrey Simon settled on a plan for cleaning up the committee’s bill rescinds $200 million Coverdell Kerry Simpson contamination. This cleanup will take in fiscal year 1994 and fiscal year 1995 D’Amato Kohl Smith years to implement. Reductions in the funding for the TRP, far superior to Daschle Lautenberg Specter DeWine Leahy Stevens environmental fund will delay these the House bill, but still a major cut to Dodd Levin Thomas vital cleanup programs. the program. By further cutting the Dole Lieberman Thompson Under the leadership of Secretary of TRP by $302 million, the McCain Domenici Lott Thurmond Defense Perry and Sherri Goodman, amendment would repeat the House ac- Dorgan Lugar Wellstone Exon Mack the Deputy Under Secretary for Envi- tion of eliminating the program. ronmental Security, the Clinton ad- I was pleased to be a cosponsor of the NOT VOTING—1 ministration has laid out a plan for ad- amendment offered earlier by Senator Pryor dressing the huge cleanup problem fac- BINGAMAN, expressing the sense of the So, the amendment (No. 322) was re- ing the Department. The $1.78 billion Senate in support of the TRP. That jected. we voted in last year’s budget is a amendment was passed by a voice vote. Mr. STEVENS. Madam President, I downpayment on a cleanup program To pass the McCain amendment now move to reconsider the vote. that will be implemented well into the would wipe out our approval of that Mr. HATFIELD. Madam President, I next century. earlier amendment. move to lay that motion on the table. Although this amendment would add I support greater funding for the De- The motion to lay on the table was funds for the clean-up, a goal I support, fense Department’s environmental res- agreed to. it would do so by taking funds from the toration program. I urge the conferees Mr. STEVENS. Madam President, I technology reinvestment project. The on this legislation to achieve the high- suggest the absence of a quorum. TRP combines the best of national est level of funding possible for it. But The PRESIDING OFFICER. The we should not undermine the future of technology, national security planning, clerk will call the roll. and acquisition reform. It seeks to en- the Nation’s defense industry to The assistant legislative clerk pro- sure that the Nation’s high-technology achieve this goal. I urge my colleagues ceeded to call the roll. industries, as they readjust to the to defeat this amendment. Mr. HATFIELD. Madam President, I shrinking defense budget, will still Mr. STEVENS. Madam President, I ask unanimous consent that the order carry out research and development to suggest the absence of a quorum. for the quorum call be rescinded. meet national defense needs. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without Deputy Secretary of Defense John clerk will call the roll. objection, it is so ordered. Deutch has said that the Defense De- The bill clerk proceeded to call the partment can no longer afford the lux- roll. UNANIMOUS CONSENT AGREEMENT ury of having its own private industry. Mr. STEVENS. Madam President, I Mr. HATFIELD. Madam President, I The Department must devise ways to ask unanimous consent that the order ask unanimous consent that the com- use the commercial sector to meet its for the quorum call be rescinded. mittee amendments be considered and future industrial needs. The TRP The PRESIDING OFFICER. Without agreed to en bloc except for the com- spearheads the effort to achieve that objection, it is so ordered. mittee amendments beginning on page goal. The PRESIDING OFFICER. Is there 1, lines 3 through page 25, line 4; and It uses less than 2 percent of the De- further debate on the amendment? If page 31, lines 5 through 21. That the fense Department’s research and devel- not, the question is on agreeing to the bill as amended be considered as origi- opment budget to get high-technology amendment of the Senator from Ari- nal text for the purpose of further American businesses to begin meeting zona to the committee amendment on amendments and that no points of our defense needs in an economical page 1, line 3. On this question, the order be waived thereon by reason of fashion. The TRP leverages Govern- yeas and nays have been ordered, and this agreement. ment money by providing up to half the clerk will call the roll. Mr. BYRD. Madam President, this re- the cost of financing dual-use research The assistant legislative clerk called quest has been cleared on this side. and development projects. the roll. The PRESIDING OFFICER. Without These projects, carried out by consor- Mr. FORD. I announce that the Sen- objection, it is so ordered. tia of private corporations, univer- ator from Arkansas [Mr. PRYOR] is ab- The committee amendments were sities, and scientific laboratories, meet sent because of death in the family. agreed to en bloc, except for the follow- real defense needs. The categories of The PRESIDING OFFICER. Are there ing: military need in which project funding any other Senators in the Chamber On page 1, line 3 through page 25, line is awarded include military mobility who desire to vote? 4; and page 31, lines 5 through 21. S 3594 CONGRESSIONAL RECORD — SENATE March 7, 1995 Mr. HATFIELD. Now, Madam Presi- to thank him for working with me to It is my view that contributing to dent, I ask unanimous consent that the modify the rescissions in a way that the economic and political stability in pending committee amendments be protects our bilateral aid programs in the NIS is a vital interest of the United temporarily laid aside. Africa. States in the post-cold-war world. Al- The PRESIDING OFFICER. Without I do support the $62 million rescission though many of the specific programs objection, it is so ordered. from the African Development Fund. for the NIS have been plagued by dif- AMENDMENT NO. 323 Those funds were appropriated last ficulties, I am reluctant to send the Mr. HATFIELD. Madam President, I year with the explicit caveat that the signal that Congress is abandoning its send an amendment to the desk on be- fund make significant management re- commitment to the region. The House half of Senators MCCONNELL and LEAHY forms. It has not done so. Perhaps this rescission which reflected a 10 percent and ask for its immediate consider- rescission will get their attention. cut to the region’s unobligated bal- ation. That leaves $110 million. All of it ances might send just such a message. The PRESIDING OFFICER. The would have been taken from the Agen- The troop housing project is obvi- clerk will report. cy for International Development’s ously troubled. We have held a number The assistant legislative clerk read programs in Africa. Those funds are of hearings to review whether it is, in as follows: used to support basic health and nutri- any way, meeting the defined objec- The Senator from Oregon [Mr. HATFIELD] tion, AIDS prevention, child survival, tives. We had expected the program to for Mr. MCCONNELL (for himself and Mr. basic education, agriculture research, offer incentive to remove troops from LEAHY) proposes an amendment numbered and programs to promote free markets the Baltics, build housing where there 323. and free elections. These are programs was an acute shortage, generate jobs in Mr. HATFIELD. Madam President, I that Republicans and Democrats the construction sector, and expand ask unanimous consent that further strongly support, as do the American private home ownership—I think there reading be dispensed. people, because they often make the is consensus that it has failed on vir- The PRESIDING OFFICER. Without difference between life and death for tually all accounts. Nevertheless, I objection, it is so ordered. people facing starvation, political vio- would prefer to see the funds for the The amendment (No. 323) is as fol- lence, or deadly diseases we can cure. project reprogrammed rather than cut lows: The rescission, as initially proposed, out altogether. On page 27, between lines 6 and 7, insert would have meant that our aid to Afri- As an alternative to the House provi- the following: ca, which already amounts to only sions, Senator LEAHY and I are offering CONTRIBUTION TO THE INTERNATIONAL about $1 per person, would bear the a modest reduction in the NIS account DEVELOPMENT ASSOCIATION total burden of these cuts. That I could with a requirement that two-thirds of (RESCISSION) not accept. the resources are drawn from the Rus- Of the funds made available under this Senator MCCONNELL and I have sia projects. heading in Public Law 103–306, $70 million worked together to modify the foreign This was a direct and determined re- are rescinded. operations rescissions to protect AID’s sponse to the situation in Chechnya. A In lieu of the Committee amendment on programs in Africa. I appreciate his few weeks ago when the administration page 27, lines 21 through 25, insert the follow- ing: willingness to find a compromise. decided to offer $20 million in relief to Rather than take the money from Chechnya, we learned that they DEVELOPMENT ASSISTANCE FUND the Development Fund for Africa, the planned to draw some of the funding (RESCISSION) amendment we have coauthored, which from Armenia, Georgia, and other re- Of the funds made available under this heading in Public Law 103–87 and Public Law is also cosponsored by Senator LAUTEN- gional emergency accounts. I see no 103–306, $13,000,000 are rescinded. BERG, would rescind $70 million from purpose in punishing those countries to ASSISTANCE FOR EASTERN EUROPE AND THE the International Development Asso- compensate for Russian outrages in BALTIC STATES ciation; $13 million from the Develop- Chechnya. The requirement that two- (RESCISSION) ment Assistance Fund; $18 million from thirds of the rescissions from the NIS Of the funds made available under this the former Soviet Republics, of which account be drawn from Russian pro- heading in Public Law 103–87 and Public Law at least $12 million must come from grams is intended to reinforce that 103–306, $9,000,000 are rescinded. Russia; and $9 million from Eastern message. ASSISTANCE FOR THE NEW INDEPENDENT Europe. The second large account with unob- STATES OF THE FORMER SOVIET UNION Let me say that I wish we did not ligated balances had a direct affect on (RESCISSION) have to rescind any of this money. the Middle East peace process. Again, I Of the funds made available under this These are all programs I support, and I think our interests dictated that we heading in Public Law 103–87 and Public Law hope we can reduce some of these cuts not take any action that could disrupt 103–306, $18,000,000 are rescinded, of which not in conference. I especially hope that we our commitment to stability and the less than $12,000,000 shall be derived from can find alternatives to cutting so peace process. Consequently, I was un- funds allocated for Russia. much from IDA, since these are com- willing to draw down this account to Mr. LEAHY. Madam President, I mitments made by the U.S. Govern- support rescissions. want to speak briefly about the foreign ment and this cut will only add to our I relied on the third account, the Af- operations part of this supplemental arrears. rica Development Fund for two rea- appropriations and rescissions bill. But faced with this difficult choice, I sons—the slow spending rate and the First, let me say that I believe wanted to be sure that the cuts did not fact that the fund is complemented by strongly that supplemental funds for fall on the backs of the poorest people. an array of other accounts that con- the Department of Defense should be That is the reason for this amendment. tribute to Africa development. In addi- offset with defense rescissions. Domes- Mr. MCCONNELL. Madam President, tion to the DFA, we contribute to the tic and foreign affairs funds should not I am joined today by Senators LEAHY, Africa Development Foundation, the be used to cover defense costs. I do un- LAUTENBERG, and JEFFORDS, in amend- Africa Development Fund, the Africa derstand, however, that these rescis- ing the foreign operations rescissions Development Bank, and the Inter- sions were made in anticipation of a package. When the committee decided national Development Association. difficult conference with the House. to move forward with rescissions I re- After discussions with my colleagues, The $172 million in foreign operations quested a listing of the unobligated I have agreed to shift the burden of re- rescissions that were presented to the balances in our international affairs scissions from the bilateral Africa pro- Appropriations Committee would have accounts. I learned that the three larg- gram where we have more confidence come entirely from sub-Saharan Afri- est accounts which have been slow to and opportunity to assure United ca. I was very concerned about the im- spend their resources are those com- States interests are addressed to the pact this would have on the world’s mitted to the Middle East, the New International Development Association neediest people, and discussed my con- Independent States, and the Develop- which I view as less responsive to Unit- cerns with Senator MCCONNELL. I want ment Fund for Africa. ed States goals. March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3595

The rescissions Senator LEAHY and I with the chairman of the Foreign Oper- NATIONAL TELECOMMUNICATIONS AND are offering, continue our support for ations Appropriations Subcommittee INFORMATION ADMINISTRATION vital American interests while address- to ensure that the 172 million rescis- INFORMATION INFRASTRUCTURE GRANTS ing our common concerns about reduc- sions in foreign aid spending do not (RESCISSION) ing our deficit. With this Congress we target Africa exclusively. I urge my Of the amounts made available under this have new responsibilities to reduce the colleagues to support this amendment. heading in Public Law 103–317, $34,000,000 are deficit. I plan to make sure that our Mr. HATFIELD. Madam President, rescinded. foreign aid program contributes to the this amendment embodies an agree- ECONOMIC DEVELOPMENT process of downsizing the Government ment between the chairman and the ADMINISTRATION and our debt. ranking minority member of the For- ECONOMIC DEVELOPMENT ASSISTANCE This rescissions proposal is the first eign Operations Subcommittee regard- PROGRAMS step in a series of difficult choices ing the recisions recommended in chap- (RESCISSION) which lie ahead. Foreign aid can and ter 3 of title II. It has been cleared on Of the amounts made available under this should serve U.S. national economic both sides. I ask for its adoption. heading in Public Law 103–317, $40,000,000 are and political interests. When and where The PRESIDING OFFICER. Is there rescinded. it fails to meet that test, I guarantee further debate on this amendment? If RELATED AGENCIES my colleagues that the funds will be re- not, the question is on agreeing to the SMALL BUSINESS ADMINISTRATION scinded, reprogrammed, or reduced. amendment. SALARIES AND EXPENSES Mr. LAUTENBERG. Madam Presi- So the amendment (No. 323) was (RESCISSION) dent, I am pleased to cosponsor this agreed to. Of the funds made available under this amendment because it would ensure Mr. HATFIELD. Madam President, I that the foreign aid spending reduc- heading in Public Law 103–317 for tree-plant- move to reconsider the vote. ing grants pursuant to section 24 of the tions in this bill do not come entirely Mr. BYRD. Madam President, I move Small Business Act, as amended, $15,000,000 out of programs for Africa. to lay that motion on the table. are rescinded. Under the bill reported by Senate Ap- The motion to lay on the table was LEGAL SERVICES CORPORATION propriations Committee, $172 million agreed to. PAYMENT TO THE LEGAL SERVICES in assistance for Africa was cut. No CORPORATION other region of the world was affected. AMENDMENT NO. 324 (RESCISSION) Senator LEAHY and I expressed concern Mr. HATFIELD. Madam President, I about the reductions in assistance to send an amendment to the desk on be- Of the funds made available under this Africa during the Senate Appropria- half of Senators GRAMM and HOLLINGS, heading in Public Law 103–317 for payment to and ask for its immediate consider- the Legal Services Corporation to carry out tions Committee consideration of this the purposes of the Legal Services Corpora- bill because we thought it was unwise ation. tion Act of 1974, as amended, $15,000,000 are to target all the cuts at one region. The PRESIDING OFFICER. Without rescinded. During the full committee markup, the objection, the pending committee DEPARTMENT OF STATE AND RELATED chairman of the Foreign Operations amendments will be laid aside. The AGENCIES Appropriations Subcommittee agreed clerk will report. DEPARTMENT OF STATE to address our concern during full Sen- The assistant legislative clerk read ADMINISTRATION OF FOREIGN AFFAIRS ate consideration. as follows: ACQUISITION AND MAINTENANCE OF BUILDINGS The amendment before the Senate The Senator from Oregon [Mr. HATFIELD], ABROAD today would do just that. It would for Mr. GRAMM, (for himself and Mr. HOL- spread the burden of the rescissions in LINGS) proposes an amendment numbered 324. (RESCISSION) the foreign aid program across more re- Mr. HATFIELD. Madam President, I Of unobligated balances available under this heading, $28,500,000 are rescinded. gions of the world. It would still re- ask unanimous consent that the read- scind $62 million for the African Devel- ing of the amendment be dispensed Mr. HOLLINGS. Madam President, at opment Fund. But instead of rescinding with. last week’s markup of the defense sup- $110 million for the Development Fund The PRESIDING OFFICER. Without plemental appropriations bill, H.R. 889, for Africa—which funds child survival, objection, it is so ordered. Subcommittee Chairman Senator basic education, health, and environ- The amendment is as follows: GRAMM and I found ourselves both op- posed to specific domestic rescissions mental programs—the amendment On page 25 of the Committee bill, strike would rescind $110 million from a mul- line 14 through line 12 on page 26, and insert that were included in the House-passed titude of programs. It would reduce in lieu thereof the following: bill. Since that committee meeting, we funding for the soft loan window of the have been working on a substitute World Bank by $70 million. It would re- DEPARTMENT OF JUSTICE amendment to the Commerce, Justice, duce funding for the former Soviet IMMIGRATION AND NATURALIZATION and State chapter that we can both Union—mostly from Russia—by $18 SERVICE support, with the ground rules that we must propose a rescission in place of million. It would reduce $13 million in IMMIGRATION EMERGENCY FUND development assistance. And it would any rescission currently in the bill reduce $9 million in aid to the coun- (RESCISSION) that is deleted. tries of Eastern Europe. Of the amounts made available under this Our amendment restores all but $10 While all cuts are painful, the reduc- heading in Public Law 103–317, $10,000,000 are million of the Immigration Emergency tions proposed in this amendment are a rescinded. Fund appropriation and most of the ap- sound alternative to rescinding $172 DEPARTMENT OF COMMERCE propriation in the Commerce Depart- million from one of the poorest, most ment’s Advanced Technology Program. NATIONAL INSTITUTE OF STANDARDS vulnerable regions of the world. AND TECHNOLOGY The House had proposed cutting $70 Through our foreign aid program, the million from the Justice Fund and $107 United States currently spends ap- INDUSTRIAL TECHNOLOGY SERVICES million from the Commerce Depart- proximately $1 per person in Africa, far (RESCISSION) ment’s ATP Program. All of the alter- less than we spend on other regions of Of the amounts made available under this native offsets that this amendment the world. That is a small investment heading in Public Law 103–317 for the Ad- proposes are from accounts within our in the future of democracy and re- vanced Technology Program, $32,000,000 are subcommittee’s jurisdiction, and we gional stability. It is small amount of rescinded. have retained the $177 million in deficit assistance to support fast growing ex- NATIONAL OCEANIC AND ATMOSPHERIC reduction proposed in both the House port markets. It is small amount to ADMINISTRATION bill and the committee recommended spend to reduce disease, end poverty bill. and human misery, and help create op- OPERATIONS, RESEARCH AND FACILITIES This amendment, which I will de- portunities for the people of Africa. (RESCISSION) scribe, represents a bipartisan response Madam President, it would be unwise Of the funds made available under this to the reductions in Justice and tech- to reduce aid only to Africa, and I am heading in Public Law 103–317, $2,500,000 are nology programs proposed by the glad we have reached an agreement rescinded. House. S 3596 CONGRESSIONAL RECORD — SENATE March 7, 1995 IMMIGRATION EMERGENCY FUND such as agriculture, the aircraft indus- Chaired by Senator Warren Rudman— The amendment restores all but $10 try, and the energy technology. The endorsed both the ATP and the NIST million of the Department of Justice, program particularly helps small tech- Manufacturing Extension Program. Immigration and Naturalization Serv- nology companies. To date, the ATP This program has had strong bipartisan ice’s Immigration Emergency Fund to has made 177 awards, involving 480 support in the past, and deserves the level provided in last year’s CJS companies and research partners in 38 strong bipartisan support now. appropriation bill. States. NOAA PROCUREMENT SAVINGS This fund was established for possible The ATP is new, but already has The amendment proposes a rescission immigration emergencies, and we pro- begun to make a real difference. Dia- of $2.5 million of funds appropriated in vided a $75 million appropriation last mond Semiconductor Group’s story is fiscal year 1995 to the National Oceanic summer to deal with the Cuban and not atypical. It had a new idea for reli- and Atmospheric Administration Haitian immigration crisis. Use of the ably producing larger, more-cost effec- [NOAA] for modifications and procure- fund, which has current balances of tive semiconductor wafer—about the ment of aircraft radar. NOAA has pro- $111 million, requires a Presidential size of an LP record as opposed to to- cured and is installing the radar, but declaration of an emergency and con- day’s small wafers. But the company has informed the subcommittee that gressional notification. Given the cur- did not have the resources to fully test $2.5 million is excess to requirements. rent state of affairs along our Southern out its idea. ‘‘Winning the ATP award The agency recently proposed to repro- border, it is prudent that the account was absolutely critical to us,’’ says gram these funds for administrative balances be maintained at a level of at President Manny Sieradzki. The ATP overhead. The subcommittee rec- least $100 million. award helped the company provide the ommends applying these resources in- ADVANCED TECHNOLOGY PROGRAM proof needed for varian associates, as stead for deficit reduction and restor- The amendment restores $75 million major semiconductor equipment manu- ing the ATP program. to the National Institute of Standards facturer, to provide development fund- and Technology’s Advanced Tech- ing. INFORMATION INFRASTRUCTURE GRANTS nology Program [ATP]. The committee I want to mention three other points The subcommittee recommends a re- amendment would retain a rescission about the ATP. First, the ATP is part scission of $34 million for Department of $32 million from this account, in- of a long American tradition of sup- of Commerce, National Telecommuni- stead of the $107 million proposed in porting industry efforts to develop new cations and Information Administra- the committee reported bill. technologies. To date, most of those ef- tion, Information Infrastructure The ATP is an important investment forts have been in defense or a few key Grants. This program was created in in American economic competitive- civilian areas. But those older U.S. in- fiscal year 1994, and the first grant ness. It supports American industry’s vestments have been substantial and awards recently were made. Funding own efforts to develop new cutting- effective. USDA helped create modern for this program increased from $26 edge, next-generation technologies— agriculture, the Government has sup- million in fiscal year 1994 to $64 million technologies that will create the new ported aeronautical research since 1915, in fiscal year 1995. It has yet to be au- industries and jobs of the 21st century. and the NIH helped create bio- thorized, and we have continued to op- The ATP does not fund the develop- technology. The ATP simply extends pose rescissions from the Public Broad- ment of commercial products. Instead, this proven model of long-term invest- casting Facilities Program in NTIA it provides matching funds to both in- ments in technology to the rest of U.S. that the administration keeps propos- dividual companies and joint ventures industry. And, while the ATP assists a ing. Accounting for departmental for pre-product research on these high- wide range of American industries, it transfers and reprogrammings, this re- risk, potentially high-payoff tech- costs less than comparable programs scission restores the program to its fis- nologies. These technologies include which serve specific sectors. In fiscal cal year 1994 level. promising new ideas in manufacturing, year 1995, the ATP and NIST’s manu- ECONOMIC DEVELOPMENT ASSISTANCE advanced electronics, and new mate- facturing extension program cost a PROGRAMS rials. total of $522 million—compared with The amendment would rescind $40 Why do we need the ATP? The answer $1.675 billion at USDA for research and million for the Economic Development is simple: to keep America competitive extension, $882 million at NASA for Administration [EDA]. This is $20 mil- and create jobs. Long-term technology aeronautics, and $3.757 billion at the lion more than the committee reported has become the key to future U.S. pros- Department of Energy for civilian en- bill. I reluctantly agreed to this rescis- perity at precisely the time that global ergy technology. sion. Following our fiscal year 1995 ap- competition, downsizing, and share- Second, this is not interfering with propriation bill, the EDA proposed a holder pressures now force American the marketplace or having the Govern- reprogramming of $40 million from De- companies to focus scarce research dol- ment pick winners and losers. The ATP fense economic adjustment/conversion lars on short-term projects. The Com- is without doubt the most market-driv- and regular title IX programs to initi- merce Department estimates that en technology program supported by ate a new Competitive Communities these market pressures now push com- the Government. Industry, not govern- Program. As I understand it, this new panies to spend up to 90 percent of ment, proposes both specific projects program would provide grants to their research funding on projects that and key areas of technology to focus intermediaries to provide loans to in- will pay off in 1 to 5 years. As a result, on. Industry, not Government, runs the dustries locating or expanding in im- U.S. companies, small and large, now projects and contributes the majority pacted communities. THe subcommit- have serious trouble funding long-term, of the funds. As mentioned, the ATP tee was unable to reach agreement in next-generation technologies that will supports only long-term pre-product order to approve the reprogramming build new industries but will not pay research, never product development. request—and under our guidelines both for 10 to 15 years. Moreover, histori- And awards are made by peer-review the majority and minority must agree cally the U.S. Government has sup- panels of technical experts and retired for a reprogramming to go forward. In ported long-term research in only a few business executives—not by the White light of that, we have agreed to use key sectors—an approach very dif- House, not by the Secretary of Com- these resources in lieu of House rescis- ferent from our foreign competitors. merce, and not by Congress. sions. The ATP’s sole aim is to develop new Third, the ATP has enjoyed strong SMALL BUSINESS ADMINISTRATION TREE- basic technologies that would not be bipartisan support. The Bush adminis- PLANTING pursued or pursued soon because of tration wrote the regulations for the The amendment proposes to rescind technical risks and other obstacles ATP, and in his fiscal year 1993 budget $15 million from the Small Business that discourage private-sector invest- President Bush requested substantial Administration’s [SBA] salaries and ment. The ATP does not support prod- increases for the program. In addition, expenses account. This rescission is uct development, and is modeled on on June 25, 1992, Senate Republicans— proposed in the President’s budget. similar Federal research programs through the Senate Republican Task This action would terminate the SBA which have long helped a few sectors Force on Adjusting the Defense Base tree planting program. This is a nice March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3597 program that provides grants to States not, the question is on agreeing to the length and great expense to set aside and local governments to plant seed- amendment. land, create tank trails, create nesting lings and small trees. But, it has little The amendment (No. 324) was agreed areas, and restrict construction—all to to do with the mission or purpose of to. meet an arbitrary plan to protect the SBA, and we have never supported Mr. HATFIELD. Madam President, I woodpecker nests. funding in a Senate appropriations bill. move to reconsider the vote by which The Department of the Army has In fact, it has never been authorized by the amendment was agreed to. been required, first, to set aside 12,000 the Small Business Committees. It has Mr. BYRD. I move to lay that motion acres of land just to protect the wood- been an annual House Appropriations on the table. pecker; second, to prepare a 44-page re- Committee add-on-the budget. The motion to lay on the table was port that limits training activities of agreed to. LEGAL SERVICES CORPORATION the Army; third, since fiscal year 1989, Mr. HATFIELD. Madam President, I The amendment proposes to rescind the Army has spent more than $5 mil- suggest the absence of a quorum. lion as a result of the efforts to protect $15 million of the $415 million appro- The PRESIDING OFFICER. The priated in last year’s CJS appropria- the woodpecker; fourth, to halt eight clerk will call the roll. construction projects at the base. tions bill for the Legal Services Cor- The assistant legislative clerk pro- poration [LSC]. This amendment would Madam President, it is my under- ceeded to call the roll. standing that four species are being reduce the payment to the LSC to the Mr. HELMS. Madam President, I ask level recommended by the Senate last protected at Fort Bragg and another unanimous consent that the order for one is going to be added soon—a but- year. We fought hard in conference last the quorum call be rescinded. year to contain the growth of the Legal terfly—to make that five species. The PRESIDING OFFICER. Without There are 70 more State and Federal Services Corporation, which had grown objection, it is so ordered. each year due to pressure from the species in line to be added. If four spe- AMENDMENT NO. 325 cies require almost 13,000 acres of pro- House. With the political see change in (Purpose: To provide that the Endangered the House, I’m sure that they should be tection, what is going to happen 5 or 10 Species Act of 1973 shall not apply with re- years down the road when there will be willing to return to the lower Senate- spect to Fort Bragg, NC) passed funding level. 70 species? Will there be any land at Mr. HELMS. Madam President, I Fort Bragg left on which to train our STATE DEPARTMENT UNOBLIGATED BALANCES send an amendment to the desk and troops? The amendment proposes to rescind ask that it be stated. The last time I checked the function $28.5 million from unobligated balances The PRESIDING OFFICER. The of the Army is to defend the national in the Department of State’s foreign clerk will report. security interests of the United States buildings account. Again, it is with The assistant legislative clerk read and not birds in trees. To carry out its great reluctance that I recommend this as follows: national security function, the Army rescission. This is an area in which the The Senator from North Carolina [Mr. must have the ability to train its Senate-passed CJS appropriations bill HELMS], for himself and Mr. FAIRCLOTH, pro- troops in battlefield situations. But as poses an amendment numbered 325. exceeded the House last year, and we any military expert will tell you, train- got them to come up to our level. Each The amendment is as follows: ing exercises are impeded when plan- year the Department of State’s pro- At the end of title I, insert the following: ners must work around protected gram changes due to delays, scope and SEC. 1. FORT BRAGG, NORTH CAROLINA. woodpecker nests. This is in fact the priority changes, and contract savings. Notwithstanding any other law, for fiscal case at Fort Bragg. Normally, we would support retaining year 1995 and each fiscal year thereafter, the Madam President, there is another Endangered Species Act of 1973 (16 U.S.C. these balances to further the overseas point: The Army is currently attempt- construction program. But, in the cur- 1531 et seq.) shall not apply with respect to land under the jurisdiction of the Depart- ing to purchase an 11,000 acre parcel of rent environment, these balances are ment of the Army at Fort Bragg, North land—known as the Overhills tract. being proposed for rescission to offset Carolina. This purchase has aroused some con- restoring House rescissions. Mr. HELMS. Madam President, may I troversy inasmuch as it will take a sig- CONCLUSION inquire if my distinguished colleague nificant amount of valuable land off This is unpleasant business. I think from North Carolina, Mr. FAIRCLOTH, the tax rolls in Harnett County, NC. everyone should realize that the House has been added as a cosponsor of this Part of the reason the Army must ac- is driving this game. These rescissions amendment? quire this parcel, is to protect the red are not going to offset Department of The PRESIDING OFFICER. The Sen- cockcaded woodpecker. Let me quote Defense readiness spending; instead, ator is. from a letter I recently received from they will be used, at least for the time Mr. HELMS. I thank the Chair. the Department of Army: being, for deficit reduction. The ground Madam President, as we always say Purchasing this land would bring us much rules, as laid out by chairman HAT- around this place, this amendment is closer to attaining the number of active FIELD and the leadership, are that we simple and straightforward. I have RCW (red cockaded woodpecker) colonies es- must meet or exceed the amount of re- never heard of an amendment being of- tablished by the U.S. Fish and Wildlife Serv- ice. Once the RCW population has been re- scissions that the House has proposed. fered that was not simple and straight- covered, Fort Bragg will have much greater And, I should note that our House forward. freedom in training and siting construction counterparts recently approved a sec- This amendment proposes to stop the to support our mission. ond, much larger rescission bill. Federal Government and its bureau- The Army is being forced to buy Both chairman GRAMM and I agree crats from, first, preventing the De- more land, using taxpayers dollars, to that this amendment provides for a partment of the Army from carrying protect woodpecker colonies. vastly improved package than what the out its national security mission and, Gen. Robert E. Lee wrote these words House sent to the Senate. I urge adop- second, wasting taxpayer dollars in the to his wife on December 25, 1862: tion of the amendment. process. What a cruel thing is war: to separate and Mr. HATFIELD. Madam President, The amendment addresses a problem destroy families and friends, and mar the this amendment embodies an agree- the Army is having at Fort Bragg, NC. purest joys and happiness God has granted to ment between the chairman and the The U.S. Fish and Wildlife Service has us in this world; to fill our hearts with ha- ranking minority member of the Com- listed a red-cockaded woodpecker as a tred instead of love for our neighbors, and to merce, Justice Subcommittee regard- threatened and endangered species and devastate the fair face of this beautiful ing the rescissions recommended in has designated Fort Bragg as a major world! chapter 1, title II. recovery area for the red-cockaded There will always be threats to our It has been cleared by both sides. I woodpecker. national security. The cold war may be recommend its adoption. The bureaucrats at the Fish and over, but there still remain threats to The PRESIDING OFFICER. Is there Wildlife Service have forced the De- our national security. We owe our sol- further debate on the amendment? If partment of the Army to go to great diers the best possible training. S 3598 CONGRESSIONAL RECORD — SENATE March 7, 1995 It is outrageous to sacrifice the bill that comes before us. It is not the gone. Our grandchildren will never training of our troops on the altar of right way to govern. know what a California grizzly bear environmentalism. I wish to read what the amendment really was. So this is not the way to go I ask for the yeas and nays on the says: about the debate on the Endangered amendment. Notwithstanding any other law, for fiscal Species Act. The PRESIDING OFFICER. Is there a year 1995 and each fiscal year thereafter, the We had Secretary of the Interior Bab- sufficient second? Endangered Species Act shall not apply with bitt in front of the committee today. There is a sufficient second. respect to land under the jurisdiction of the He clearly stated he has gotten the The yeas and nays were ordered. Department of the Army at Fort Bragg, NC. message. He is going to work with com- The PRESIDING OFFICER. Is there Well, if everybody carved out their munities. He is talking about exempt- any further debate on this amendment? territory, we would not be doing much ing private properties, small parcels, Mr. CHAFEE addressed the Chair. to preserve the species that we really from the Act so that we do not over- The PRESIDING OFFICER. The Sen- have an obligation to preserve. burden small property owners. I think ator from Rhode Island. Today, in the hearing of the Environ- we are making terrific progress. Mr. CHAFEE. Madam President, first ment and Public Works Committee, we The Senator from Rhode Island is of all, this is legislation on an appro- spent about 4 hours debating the En- working with the Senator from Texas, priations bill, and I think that is im- dangered Species Act. Many people do and I think the bill she now has is mov- proper to start with. But more than not realize that the drug taxol, which ing in the right direction. I personally that, it is absolutely clear that in the is the hope for those with ovarian can- do not support a moratorium on this Environment and Public Works Com- cer and breast cancer, came from a because you might lose a species in the mittee we are going to deal with the plant called the yew tree. Many people process, which I think is the wrong way Endangered Species Act this year. That do not realize that the hope of finding to go. But we are working together in act is coming up for reauthorization cures for all kinds of dreaded diseases the committee, Democrats and Repub- and, indeed, it has not been reauthor- lies with these plants, these exotic licans alike. ized in several years, but we are going plants, sometimes very simple weeds. So, again, I am very surprised to see to reauthorize it. We are going to re- There is a company which grew up in this amendment. I had no idea it was view it in connection with all the prob- the Silicon Valley of California called coming to the floor. I am pleased I was lems that have been cited so fre- Shaman Pharmaceutical. It is a very here so I could participate in the de- quently. interesting story. A shaman in the old bate. I hope we will at the proper time I just think it is a mistake for us to culture is actually a doctor, and vote against this amendment. It simply be going at this piecemeal with every Shaman Pharmaceutical was founded does not make any sense to have an State which has a particular problem here in the United States of America amendment such as this on a bill which with the Endangered Species Act, to by a very bright young woman, busi- deals with paying for military oper- bring it forward in this piecemeal fash- ness woman who realized the value ations. ion. We are going to go at it in a very that lies in these plants in the South I thank the Chair. I yield the floor. thoughtful way with hearings, with the American rain forests, and they have Mr. INOUYE addressed the Chair. administration testifying, with those come forward with at least three drugs The PRESIDING OFFICER. The Sen- Senators who wish to testify to come from these exotic plants which hold ator from Hawaii. forward and, indeed, just today, we tremendous promise to treat lung dis- Mr. INOUYE. Mr. President, as one of considered a measure by the Senator ease and very, very difficult diseases to the managers of this measure, I find from Texas that would apply a 6-month cure. this amendment to be most unfortu- moratorium on further listings under So I would say we do not know what nate. We have not had the opportunity the Endangered Species Act. It deals endangered species lie in this particu- of listening to all of the facts. I have solely with section 4, which is the list- lar area of Fort Bragg. We do not know listened very carefully to the distin- ing section, and it does not deal with what particular plants are there, what guished chairman of the committee, section 7, which is the conciliation sec- species are there, if they hold hope for the Senator from Rhode Island, and I tion. That is quite proper. the future. But simply to attach this believe all of us should take his sage In our committee, we had the Sec- amendment to a bill that deals with advice. The committee is about to take retary of the Interior, Secretary Bruce paying for military operations is cer- up the whole measure of endangered Babbitt, testify. We had representa- tainly the wrong way to go about it. species. This is an appropriations bill, tives from industry, and we had rep- So I certainly do hope that our col- and to have legislation of this sort resentatives from the affected areas leagues on both sides of the aisle will placed upon it would place the whole and that is a very thoughtful way to follow the leadership of Senator measure in jeopardy. I hope we would proceed on this. CHAFEE, the chairman of the Environ- do something to resolve this matter. But I do deplore the procedure that is ment and Public Works Committee. Mr. HELMS addressed the Chair. occurring tonight, which is to take a Let us show our faith in his leadership The PRESIDING OFFICER. The Sen- particular section and a particular area of this committee. It is going to be dif- ator from North Carolina. and say you cannot apply the Endan- ficult to reauthorize the Endangered Mr. HELMS. I suggest the absence of gered Species Act to that. Species Act. We know we have to make a quorum. Now, maybe there should not be colo- it better. But we also know that if we The PRESIDING OFFICER. The nies of woodpeckers provided for, but pick it apart piece by piece, area by clerk will call the roll. who knows what else might be encom- area, it seems to me we are robbing The assistant legislative clerk pro- passed under this procedure? this country of some very important, ceeded to call the roll. So, Madam President, I think it is potentially lifesaving endangered spe- Mr. HELMS. Mr. President, I ask very unfortunate that we are proceed- cies. A lot of people say, when you unanimous consent that the order for ing in this fashion, and I hope that the point out that a specie is in danger, the quorum call be rescinded. amendment will not be accepted. what does that have to do with me, this The PRESIDING OFFICER. Without Mrs. BOXER addressed the Chair. little bird over here? They make fun of objection, it is so ordered. The PRESIDING OFFICER (Mr. some of the endangered species. The other Senator from North Caro- GRAMS). The Senator from California. Well, the fact is we have an ecologi- lina is recognized. Mrs. BOXER. Mr. President, I really cal chain, and everyone supports sav- Mr. FAIRCLOTH. Mr. President, I hope in this particular case the Senate ing the bald eagle. The Endangered would like to speak on the amendment will follow the leadership of John Species Act saved the bald eagle. Ev- of my fellow Senator from North Caro- CHAFEE, the chairman of the Environ- eryone supported saving the California lina in regard to the red-cockaded ment and Public Works Committee. I condor. And I will tell you, we lost in woodpecker and the problem it has pre- think it is not the right way to go California the grizzly bear because we sented to Fort Bragg. The EPW has about amending the Endangered Spe- were not on top of preserving it. We been completely out of reason in what cies Act, to attack it on every type of lost that opportunity forever. It is we should be doing there, and they set March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3599 a quota of 300 colonies of red-cockaded The PRESIDING OFFICER. The Sen- ommended that he ease up on the em- woodpeckers that had to be established ator now has that right. bargo against Fidel Castro’s Com- on the Fort Bragg military reserva- The amendment is withdrawn. munist Dictatorship in Cuba. If these tion. Some 25,000 acres have already The amendment (No. 325) was with- advisers are parading under the flag of been contributed to raising woodpeck- drawn. expertise, it’s a false flag, and they are ers, and now we are talking about buy- The PRESIDING OFFICER. The Sen- doing great harm to the President with ing roughly 12,000 more acres at $15 ator from Rhode Island. such advice. million of taxpayers’ money to meet Mr. CHAFEE. Mr. President, I thank This is no time to be reducing U.S. the quota of 300 colonies of red- the distinguished senior Senator from pressure on Castro. It is precisely the cockaded woodpeckers. North Carolina and the junior Senator. wrong way to go. Backing off on Castro I think the amendment that Senator The junior Senator is a very esteemed will help the Castro Communist dicta- HELMS has proposed is a good one. But member of our committee. I know he torship and do great harm to the Cuban will pay close attention to this whole I also agree with Senator CHAFEE that people—who already have suffered too we need to bring it up before the EPW matter. much for 36 years. Second, I thank the senior Senator Committee, of which Senator CHAFEE I have made it clear that, as chair- from Hawaii for his support in this is chairman, and of which I am a mem- man of the Senate Foreign Relations matter. When he spoke, it got ber. I would like the opportunity to Committee, doing everything possible everybody’s attention. Likewise, the work with Senator CHAFEE in the EPW to bring freedom and democracy to distinguished Senator from California, Committee, and I will personally com- Cuba is at the top of my priority list. who so ably spoke on this previously. That is why I introduced the Cuban mit to the Senator from North Caro- Now it is up to us. We will get to it in lina that it will be done expeditiously Liberty and Democratic Solidarity the Environment and Public Works [Libertad] Act as my first piece of leg- and we will bring it up and act on it in Committee. the EPW Committee if he would see fit islation as chairman of the Foreign Re- Mr. HELMS. Mr. President, I suggest lations Committee. to withdraw his amendment. the absence of a quorum. The PRESIDING OFFICER. The Sen- Fidel Castro’s brutal and cruel Com- The PRESIDING OFFICER. The munist dictatorship has persecuted the ator from Rhode Island. clerk will call the roll. Mr. CHAFEE. Mr. President, I thank Cuban people for 36 years. He is the The legislative clerk proceeded to world’s longest reigning tyrant. my colleagues from North Carolina and call the roll. Let me be clear: Whether Castro I want to say this to them. We have not Mr. HELMS. Mr. President, I ask leaves Cuba in a vertical or horizontal had an opportunity to have a hearing unanimous consent that the order for position is up to him and the Cuban on this. We will rapidly. I do not want the quorum call be rescinded. people. But he must—and will—leave to say tomorrow or the day after, but The PRESIDING OFFICER. Without Cuba. all I can say is we will get to it as rap- objection, it is so ordered. I categorically reject suggestions to idly as we can. We will listen to the AMENDMENT NO. 326 lift or soften the embargo. For 36 testimony, we will have the folks from (Purpose: To strengthen international years, both Republican and Democratic the Army up, we will have folks from sanctions against the Castro government in Presidents have maintained a consist- the Fish and Wildlife—I presume they Cuba, to develop a plan to support a transi- ent, bipartisan policy of isolating Cast- are the people who are dealing with tion government leading to a democratically or’s dictatorship. this—and possibly the EPA people. We elected government in Cuba, and for other purposes.) There must be no retreat in that pol- will do the best we can to resolve this. icy today. If anything, with the col- Mr. HELMS. Mr. President, I send to Obviously, if we cannot resolve it I lapse of the U.S.S.R. and the end of So- the desk a printed amendment and I will so inform the Senators from North viet subsidies to Cuba, the embargo is ask the sponsors be identified by the Carolina and they will have opportuni- finally having the effect on Castro that clerk in the preface to the bill. I ask ties to bring this up again. But it will has been intended all along. Why for its immediate consideration. be our earnest attempt to get this should the United States let up the The PRESIDING OFFICER. The thing settled in a fashion that recog- pressure how? It is time to tighten the clerk will report. nizes the problems that have been set screws—not loosen them. We have an The legislative clerk read as follows: forth by both the distinguished Sen- obligation—to our principles and to the ators. The Senator from North Carolina [Mr. Cuban people—to elevate the pressure So that is my commitment to attend HELMS] for himself, Mr. DOLE, Mr. MACK, on Castro until the Cuban people are Mr. COVERDELL, Mr. GRAHAM, Mr. D’AMATO, to it very soon. I hope they will give free. me a little time to get to this because Mr. HATCH, Mr. GRAMM, Mr. THURMOND, Mr. FAIRCLOTH, Mr. GREGG, Mr. Inhofe, Mr. HOL- The bipartisan Cuba policy has led we have to get witnesses and, again, I LINGS, Ms. SNOWE, Mr. KYL, Mr. THOMAS, Mr. the American people to stand together cannot say it is going to be tomorrow, SMITH, Mr. LIEBERMAN, Mr. WARNER, Mr. in support of restoring freedom to I cannot say it is going to be next NICKLES, and Mr. ROBB proposes an amend- Cuba. As for my legislation, it incor- week. But I can just say we will get ment numbered 326. porates and builds upon the significant right to it. Mr. HELMS. Mr. President, I ask work of the two distinguished Senators The PRESIDING OFFICER. The Sen- unanimous consent that reading of the from Florida, CONNIE MACK and BOB ator from North Carolina. amendment be dispensed with. GRAHAM, and of a number of our col- Mr. HELMS. Mr. President, needless The PRESIDING OFFICER. Without leagues in the House of Representa- to say I thank the Senator from Rhode objection, it is so ordered. tives. Island. His proposition is fair. Every (The text of the amendment is print- The message we should be sending to piece of legislation ought to stand on ed in today’s RECORD under ‘‘Amend- both Castro and those who want to do its own merits. Even though I think ments Submitted.’’) business with him are contained in the this is a ridiculous situation extant at The PRESIDING OFFICER. The Cuban Liberty and Democratic Solidar- Fort Bragg, NC, it is the same kind of Chair notifies the Senator from North ity Act now at the desk. The message ridiculous situation that is confronting Carolina that there is a pending first- is: Isolate Castro until the Cuban peo- businessmen all over this country. I am degree amendment at this time. ple are free. glad the Senator is working on that Mr. HELMS. I was not aware of that. We can achieve this by strengthening proposition. I ask unanimous consent that it be international sanctions against the In view of what has been said here, temporarily laid aside so I can discuss Castro regime by prohibiting sugar im- Mr. President, I ask unanimous con- my amendment. ports from countries that purchase sent that the yeas and nays be vitiated. The PRESIDING OFFICER. Without sugar from Cuba and then sell that The PRESIDING OFFICER. Without objection, it is so ordered. sugar to us; and instructing our rep- objection, it is so ordered. Mr. HELMS. Mr. President, I was as- resentatives to the International Fi- Mr. HELMS. Mr. President, I with- tonished to learn this morning that nancial Institutions to vote against draw the amendment. President Clinton’s advisers have rec- loans to Cuba and to require the United S 3600 CONGRESSIONAL RECORD — SENATE March 7, 1995 States to withhold our contribution to I thank the Chair. I thank my col- at King’s College and then later at- those same institutions if they ignore league. tended seminary at Seminary of Our our objections and aid the Castro re- Mr. HELMS. I thank the distin- Lady of Angels. After receiving his gime. guished majority leader. master degree from seminary, he was We can accomplish this objective by Mr. President, parliamentary in- ordained a year later by Patrick Car- urging the President to seek an inter- quiry. This amendment is to an ex- dinal O’Boyle at St. Matthew’s Cathe- national embargo against Cuba at the cepted committee amendment. Is that dral in Washington, DC. This marked United Nations, and by prohibiting not correct? the beginning of his official religious loans or other financing by a United The PRESIDING OFFICER. It is the ministry. He accepted his first pas- States person to a foreign person or en- understanding of the chair that the torate, at Mount Calvary Parish where tity who purchases an American prop- Senator from North Carolina has an he ministered for 5 years. During his erty confiscated by the Cuban regime. amendment set aside to propose this to tenure, he established the ECHO re- My legislation reaffirms the 1992 the bill itself. The Senator, however, treat program for high school seniors Cuban Democracy Act, revitalizes our has the right to change it. and young adults in the Archdiocese of broadcasting programs to Cuba, and Mr. HELMS. I suggest the absence of Washington. This program remains the cuts off foreign aid to any independent a quorum. primary youth retreat in the Arch- state of the former Soviet Union that The PRESIDING OFFICER. The diocese. aids Castro, specifically if that aid goes clerk will call the roll. for the operation of military and intel- The legislative clerk proceeded to Father Lavin continued his commit- ligence facilities in Cuba which threat- call the roll. ment to young people in his next posi- en the United States. Mr. HELMS. Mr. President, I ask tion as the director of Youth Retreats This bill encourages free and fair unanimous consent that the order for for the Catholic Youth Organization of elections in Cuba after Mr. Castro is the quorum call be rescinded. the Archdiocese of Washington. Under gone and authorizes programs to pro- The PRESIDING OFFICER. Without his direction the Catholic Youth Orga- mote free market and private enter- objection, it is so ordered. nization created a retreat center in Sil- prise in Cuba. MODIFICATION OF AMENDMENT NO. 326 ver Spring, MD which he administered The bill also helps U.S. citizens and Mr. HELMS. Mr. President, I ask until 1979. For the next 10 years, he U.S. companies whose property was unanimous consent that I may modify, served as the chaplain of American confiscated by the Castro regime by de- at the bottom of page 1 of the amend- University. In his capacity, he estab- nying entry into the United States to ment, so as to read, ‘‘At the end of the lished the Hannan Series, which anyone who confiscates or benefits first excepted committee amendment, brought those involved in significant from such property and by allowing a add the following:’’. public service together with American U.S. citizen with a confiscated prop- The PRESIDING OFFICER. Without students to discuss how their faith has erty claim to go into a U.S. court to objection, it is so ordered. influenced their public lives. He then seek compensation from a person or en- Mr. HELMS. I send the modification returned to the pastorate becoming the tity which is being unjustly enriched to the desk. pastor of Mother Seton Parish which is by the use of that confiscated property. The PRESIDING OFFICER. The Mr. President, the Cuban people are a parish of 1,800 Catholic families in industrious and innovative. In coun- amendment is so modified. suburban Montgomery county. His tries where people are allowed to live The modification reads as follows: present position as the pastor of St. Jo- and work in freedom, they have pros- At the end of the first excepted committee seph’s on Capitol Hill, is what has pered. My hope and the hope of the co- amendment, add the following: caused our paths to meet. sponsors of this bill, is that this bill Mr. HELMS. I thank the Chair. Father Lavin also is distinguished by will hasten an end to the brutal Castro Mr. President, I suggest the absence many appointments which include: na- dictatorship and make Cuba free and of a quorum. tional chaplain of the Junior Catholic prosperous once more. The PRESIDING OFFICER. The Daughters of America, member of Mr. President, I yield the floor. clerk will call the roll. board of directors of the Bishop McNa- Mr. DOLE addressed the Chair. The legislative clerk proceeded to mara High School, and president of The PRESIDING OFFICER. The ma- call the roll. Germantown HELP which is an ecu- jority leader. Mr. ASHCROFT. Mr. President, I ask menical crisis helping organization. Mr. DOLE. Mr. President, I want to unanimous consent that the order for I have been blessed by my relation- commend the distinguished Senator the quorum call be rescinded. ship with Father Lavin. While I have from North Carolina. I understand he The PRESIDING OFFICER. Without no plans to forsake my Baptist com- has laid the amendment down and we objection, it is so ordered. mitments, I have always felt welcome will continue the debate tomorrow f at St. Joseph’s. So much so, that when morning. MORNING BUSINESS my daughter was engaged to a Catho- I think when the administration lic, I suggested that she hold her wed- talks about easing sanctions on Cuba ding at St. Joseph’s, a suggestion that they have made a big, big mistake. GUEST CHAPLAIN, REV. PAUL W. she eagerly complied with. Later my They have misread the American peo- LAVIN ple, not just in the State of Florida granddaughter was baptized at St. Jo- where many Cuban-Americans reside. Mr. HATFIELD. Mr. President, last seph’s. They have misread the public opinion week, we had the distinct honor of It is encouraging when people can all across America. sharing the floor with a credentialed come together in fellowship made pos- I hope that we have a good discussion and principled brother, guest Chaplain, sible by their common bond in Christ. of this amendment tomorrow morning. Rev. Paul W. Lavin. I have been fortu- I have experienced this fellowship with I thank the Senator from North Caro- nate to have shared a friendship with Father Lavin, and I look forward to lina. I am a cosponsor of the amend- Father Lavin that has enriched me in continued interaction with him in the ment. I thank him for laying down the many ways. This friendship has devel- future. amendment this time. oped, as Father Lavin has graciously f I hope my colleagues will have an op- opened his parish to me in the morn- portunity to study the amendment ing, so I can begin my day with prayer GUEST CHAPLAIN, REV. ERNEST overnight and to also review the re- and worship. These times have been in- R. GIBSON marks of the Senator from North Caro- valuable as I wrestle with the difficult lina so that they might also partici- and complex issues that we regularly Mr. DOMENICI. Mr. President, it is pate in the debate. face in the Senate. my distinct honor to reflect on the ac- We are back on the bill at 10:30 or 11 Father Lavin visited us with many complishments of our guest Chaplain, tomorrow. I am not certain. We have accomplishments and distinctions. Fa- Rev. Ernest R. Gibson. Reverend Gib- not made that determination yet. ther Lavin did his undergraduate work son is a product of Howard University March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3601 where he studied sociology and reli- America of what it means to serve the I yield the floor. gion. He has been putting his studies to community. f work in his capacity as the pastor of f the First Rising Mount Zion Baptist Church. He began pastoring this church TRIBUTE TO THE REVEREND NEAL HOWARD W. HUNTER in 1952, and he continues as head of this JONES Mr. HATCH. Mr. President, I rise congregation today. Under his leader- Mr. COATS. Mr. President, I would today to pay tribute to the life and ship, his church has grown from 65 like to use this opportunity to provide contributions of a singular individual. members to its current attendance of a statement of appreciation for Rev. Howard W. Hunter, president of the 1,700 active members. Neal Jones, who has volunteered this world’s nearly 9 million members of The history and development of Gib- week to open our Senate sessions with the Church of Jesus Christ of Latter- son’s congregation serves as a tribute prayer. Day Saints, better known as the Mor- to his life accomplishments. Four years Mr. President, Reverend Jones has mons, completed his earthly sojourn after Gibson started as pastor of First faithfully served for the last 26 years as last Friday, March 3, 1995. Rising Mount Zion Baptist Church, in the pastor of Columbia Baptist Church Although his tenure as head of the 1956, they bought their first building in in Falls Church, VA. During this time church was relatively brief, he has left Northwest Washington, DC. Later in of esteemed service, Reverend Jones an indelible impression for good, forged 1973, they oversaw the construction of has displayed the personal, professional through many years of service to his the Gibson Plaza which was a 10-story, and spiritual characteristics that dis- church and to humankind in a variety 217-unit apartment building for low and tinguish him for the important role of of capacities. moderate income families. In 1985, they opening the Senate’s day with prayer. Those of us who have heard him completed construction of their edu- Reverend Jones has a heart devoted speak, both in large assembly and in cation building, and recently in 1990, to God, as evidenced by his love of peo- personal setting, were inspired, moved, they completed construction of a new ple and concern for others. Of special and edified by his counsel. His physical church building. note relating to his duties in the Sen- frailty, as he battled cancer, stood in Reverend Gibson’s congregation ate, Reverend Jones has a broad doc- direct contrast to the force of his spir- serves as a positive force in its sur- trinal understanding of various reli- it, conviction, and care for those he rounding community working gious traditions, and, while firm in his loved and served. proactively to address the needs of convictions, he has maintained an atti- President Hunter brought his own those less fortunate. They offer many tude of grace toward differences of special gifts to his last calling. He bore programs including, a college guaran- opinion. tee offering tuition assistance up to his witness to the redeeming power of Pastor Jones has a warm and win- full tuition, an outpatient drug treat- the atonement and the gospel of Christ some manner allowing him to pastor to ment facility, a weekly food distribu- that he loved with an invitation that all types of persons without regard to tion which reaches an average of 300 in- included all of God’s children. Like his their status. He has a truly special gift dividuals, and a meal program for exemplar, Jesus Christ, he included the for pastoral ministry and encourage- homeless families. faithful and the fallen in his spiritual Reverend Gibson’s commitment to ment. embrace. his community extends greater than Mr. President, these personal, profes- Despite an impressive personal re- his responsibilities as the pastor of sional and spiritual traits are revealed sume, President Hunter downplayed his First Rising Mount Zion Baptist through Reverend Jones’ dedicated own accomplishments and reached out Church. He was also the chairman of work in the community. Under the to others to encourage and to aid. In glass recycling program in cooperation leadership of Pastor Jones, Columbia many respects, his life can be described with the Glass Packaging Institute and Baptist has grown into a dynamic as a fulfillment of the Savior’s observa- Mid-Atlantic Glass Recycling Program. church ministering to a changing com- tion: Under his leadership they saw a total munity in extraordinary ways. The And whosoever of you will be the chiefest, of 10 different churches and agencies church has a vibrant Korean and His- shall be servant of all. participate. panic ministry, a model child-care pro- For even the Son of Man came not to be As well as being active in his sur- gram of low-income families and single ministered unto, but to minister, and to give His life a ransom for many.—Mark 10:44, 45. rounding community, Reverend Gibson mothers, a major food, clothing, and was involved with other persons of medical program for a sister church in Howard William Hunter was born No- faith, in his role as the executive direc- Moscow, and many other community vember 14, 1907, in Boise, ID. As a tor of the Council of Churches of Great- outreach programs. young man, he excelled scholastically er Washington. In this ecumenical In addition to providing leadership and developed a lifelong love for music work, the reverend urged churches to and guidance for these ministry activi- and scouting. He enjoyed a successful be more concerned about social issues, ties, Reverend Jones serves on the Ex- career as a corporate lawyer in Califor- coordinated a voter registration drive ecutive Board of Prison Fellowship; he nia. He was called to be a member of which placed registrars in more than 30 is a member of the Baylor University the council of the Twelve Apostles of churches, and directed the Interfaith Board of Regents; and he has served on the Church of Jesus Christ of Latter- Conference. He also was the co-chair of the Foreign Mission Board and is past Day Saints in October 1959. The follow- the Greater Washington Billy Graham president of the Baptist General Asso- ing three decades saw him travel Crusade in 1986, coordinating the ef- ciation of Virginia. Reverend Jones worldwide in his fulltime church serv- forts of local churches in their support also has shared his ministry in Japan, ice. of this endeavor. Africa, and Russia. At the age of 86, President Hunter I am proud to share the floor with Mr. President, as I am sure my col- succeeded President Ezra Taft Benson, Reverend Gibson because he is a man leagues have noticed this week, the who died May 30, 1994. He became the whose religious convictions make an Reverend Jones has an extraordinary 14th president of the church. impact on the treatment of others. He gift of prayer. One prominent national President Hunter was married to has clearly taken to heart Christ’s rec- Christian leader told me, ‘‘Neal’s pray- Clara May Jeffs. She died October 9, ommendation to feed his sheep. Gib- ers would rank with those of Peter 1983. He later married Inis Bernice son’s commitment to the service of Marshall,’’ who is, perhaps, the best Egan on April 20, 1990. others is undeniable and his faithful known of all past Senate chaplains. He was the father of 3 sons, eighteen devotion to his congregation is obvi- Mr. President, the U.S. Senate has grandchildren, and 16 great-grand- ous. We need more pastors like Gibson been truly blessed by the efforts of children. who are devoted not just to their con- Rev. Neal Jones, and I am honored to His legacy lives on not only in his gregation, but also to the surrounding have this opportunity to recognize and posterity, but in his example and community. His body of believers can commend him for his service to us this strong witness of his beliefs to the act as an example to the church in week. world. S 3602 CONGRESSIONAL RECORD — SENATE March 7, 1995 REGARDING THE PASSING OF LDS his example of hard work and success tions on issues of mutual concern to CHURCH PRESIDENT HOWARD W. that he exhibited throughout his life. both countries. Someone must make HUNTER f the first gesture. I believe that if Presi- Mr. KEMPTHORNE. Mr. President, I dent Clinton acts affirmatively on the WAS CONGRESS IRRESPONSIBLE? policy changes currently before him, he would like to take this opportunity to THE VOTERS HAVE SAID YES! note the passing of one of this Nation’s will be taking that very important great citizens and religious leaders. On Mr. HELMS. Mr. President, before first step. I would urge that he do so. March 3, 1995, the Church of Jesus contemplating today’s bad news about I would ask unanimous consent that Christ of Latter-day Saints, on behalf the Federal debt, lets’s have our little an article entitled ‘‘Clinton May Ease pop quiz again: How many million dol- of his family, announced the death of Sanctions on Cuba’’ that appeared in lars are in $1 trillion? When you arrive President Howard W. Hunter. the Washington Post on March 7, 1995 at an answer, bear in mind that it was be printed in the RECORD at the conclu- President Hunter, an Idaho native, Congress that ran up a debt now ex- sion of my remarks. was named the 14th president of the ceeding $4.8 trillion. There being no objection, the article LDS Church in June of 1994. His mes- To be exact, as of the close of busi- was ordered to be printed in the sage, throughout his service to the ness yesterday, Monday, March 6, the RECORD, as follows: LDS Church, was a prayer for compas- total Federal debt—down to the sion and tolerance. In his first state- [The Washington Post, Tuesday, March 7, penny—stood at $4,840,905,153,915.08— 1995] ment as president he said, ‘‘To the meaning that every man, woman, and CLINTON MAY EASE SANCTIONS ON CUBA membership of the Church in every child in America now owes $18,376.42 country of the world and to people ev- computed on a per capita basis. (By Daniel Williams and Ann Devroy) erywhere I extend my love. . . . I pray Mr. President, again to answer the President Clinton’s foreign policy advisers we might treat each other with more pop quiz question, How many million are recommending he take steps toward eas- kindness, more courtesy, more humil- ing relations with Cuba by revoking some in a trillion? There are a million mil- economic sanctions adopted against the na- ity and patience and forgiveness.’’ lion in a trillion; and you can thank President Hunter was born in Boise, tion in August, administration officials said the U.S. Congress for the existing Fed- yesterday. ID, on November 14, 1907, to John Wil- eral debt exceeding $4.8 trillion. The proposal, which has not yet been ac- liam and Nellie Marie Rasmussen Hun- f cepted by Clinton, would lift the ban that ter. At an early age, President Hunter blocks Cuban exiles from sending cash to rel- showed a quick mind and dedication as EASING UNITED STATES atives on the island and would ease severe he attained the rank of Eagle Scout in SANCTIONS TOWARD CUBA limits on travel to Cuba by U.S. citizens. the Boy Scouts of America. In addi- In addition, the advisers recommend issu- Mr. PELL. Mr. President, as you ing a list of steps that Cuban President Fidel tion, he exhibited a gift for music and know, I have spoken at length in this learned to play the saxophone, clari- Castro could take to qualify for a ‘‘cali- Chamber about the need to review brated response’’ by the United States. That net, violin, and drums. His love of United States policy toward Cuba. could lead to talks on issues that have sepa- music was so great that he even orga- Therefore, I was very pleased to see re- rated the two countries for more than 30 nized his own orchestra, Hunter’s ported in the Washington Post this years, the officials said. Croonaders. The Croonaders were a morning that President Clinton is con- Any easing of restrictions would put Clin- popular fixture in Boise for many sidering taking some modest steps to- ton into a confrontation with Sen. Jesse years. ward altering the existing sanctions Helms (R–N.C.), chairman of the Senate For- eign Relations Committee, who has drawn up President Hunter briefly attended policy, in favor of more communica- the University of Washington, and legislation designed to tighten economic tion and contact between the Cuban sanctions on Cuba. later, in 1939, graduated cum laude and American people. Helms, other conservative Republicans, from Southwestern University Law As I understand it, what is under con- some anti-Castro Democratic legislators and School with a Juris Doctor degree. He sideration is the rolling back of last the Cuban exile communities in Florida and did this studying nights while holding August’s sanctions that were imposed New Jersey have long favored tougher treat- a full-time job. during the Cuban migrant crisis—sanc- ment of Castro. During his professional career, Presi- tions that have prohibited Cuban- Senior foreign policy advisers have pre- dent Hunter practiced corporate law in Americans from sending money to fam- pared a memo for Clinton to make the case Los Angeles where he was eventually that the August sanctions, which formed ily members in Cuba or visiting them, part of the U.S. effort to persuade Castro to named to the boards of 24 corporations. except in cases of dire emergency. stop the flow of Cuban boat people to Amer- He also served as assistant district I believe that the President will find ica, succeeded and should now be removed. commissioner for the Boy Scouts of that there is a great deal of support for During the summer, a relaxing of coastal America for the Metropolitan Los An- taking these steps within the Cuban- surveillance by Castro ignited a massive exo- geles area, as well as serving his American community—many of whom dus of raft people, 30,000 of whom took to the church in a variety of positions rang- have been forced to sit back and do seas for Florida. ing from bishop to president of the nothing to cushion the severe economic The outpouring caused Clinton to reverse Pasadena California Stake. hardships they see their loved ones on longstanding U.S. policy and bar their land- ing on U.S. soil. On October 10, 1959, President Hunter the island enduring. I would urge the Since 1963, Cubans who arrived on U.S. was called to serve as a member of his President to move forward with these shores had been all but guaranteed auto- church’s Council of the Twelve Apos- measures, if for no other reason than matic political asylum. tles. He served as acting president of on humanitarian grounds. But Clinton feared an immigration crisis this quorum from 1985 to 1988, and was In addition to rolling back the Au- at a time of a nationwide political backlash president from June 1988 to June 1994. gust sanctions, the President appears against newcomers. After 52 years of marriage, President to be considering whether to set forth So most of the Cubans were sent to the Hunter’s first wife, Clara May Jeffs, a list of steps that the Cuban Govern- U.S. Naval Base at Guantanamo Bay on Cuba’s southeastern tip. passed away in 1983. Later, in April ment might take to elicit the cali- The decision not to admit the Cubans an- 1990, he married his second wife, the brated easing of United States sanc- gered many in the Cuban-American commu- former Inis Bernice Egan. President tions policy. This technique was con- nity. Hunter is survived by his second wife; 2 templated a number of years ago when So, to mollify them as well as punish Cas- sons, John J. Hunter of Ojai, CA, and relations with Castro had temporarily tro, Clinton agreed to tighten the three-dec- Richard A. Hunter of San Jose, CA; 18 thawed, but was overtaken by events ade-old ban on trade with Cuba. The new grandchildren and 16 great-grand- before it was ever implemented. It is sanctions included a bar on the sending of children. clearly worth exploring. cash to relatives by Cuban Americans. In addition, travel to this island was sharp- Mr. President, we are saddened by After more than 30 years of mistrust, ly restricted, as visits by relatives were cur- the death of such a great and talented confidence building measures on both tailed and a Treasury Department permit man. But he will be remembered for his sides will be needed in order to lay the was required for trips by educational re- message of compassion and love, and groundwork for productive negotia- searchers and other groups. March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3603 At the time, the Clinton administration es- Surface Mining Reclamation and Enforce- rity, transmitting, pursuant to law, the timated that the ban on cash remittances ment for 1994; to the Committee on Energy BRAC 95 Force Structure Plan for the Armed and reduced travel would cost the Cuban and Natural Resources. Forces; to the Committee on Armed Serv- economy an estimated $150 million per year. EC–456. A communication from the Deputy ices. The new actions under consideration would Associate Director for Compliance, Royalty EC–469. A communication from the Sec- not affect the rest of the trade ban. Management Program, Minerals Manage- retary of Transportation, transmitting, a Soon after imposing the tougher sanctions, ment Service, Department of the Interior, draft of proposed legislation to authorize ap- the United States entered talks with Cuba transmitting, pursuant to law, notice of the propriations for fiscal years 1996 and 1997 for aimed at easing the immigration crisis. The intention to make refunds of offshore lease the United States Coast Guard, and for other two sides reached a deal in which Cuba, in revenues where a refund or recoupment is ap- purposes; to the Committee on Commerce, return for again blocking the outflow of raft propriate; to the Committee on Energy and Science and Transportation. people, received a guarantee of 20,000 visas a Natural Resources. EC–470. A communication from the Admin- year for its citizens to go to the United EC–457. A communication from the Deputy istrator of the Federal Aviation Administra- States. The administration rejected a bid by Associate Director for Compliance, Royalty tion, transmitting, pursuant to law, a report Cuba to revoke the new sanctions as part of Management Program, Minerals Manage- relative to the Traffic Alert and Collision the immigration deal. ment Service, Department of the Interior, Avoidance System; to the Committee on The time has come, some U.S. officials be- transmitting, pursuant to law, notice of the Commerce, Science and Transportation. lieve, to test whether Castro is willing to intention to make refunds of offshore lease EC–471. A communication from the Sec- make deep economic and political reforms, a revenues where a refund or recoupment is ap- retary of Transportation, transmitting, pur- senior administration official said. The ad- propriate; to the Committee on Energy and suant to law, the Department’s annual re- ministration has engaged in a low-level de- Natural Resources. port on the Automotive Fuel Economy Pro- bate over most of the past two years on EC–458. A communication from the Deputy gram; to the Committee on Commerce, whether to try to encourage political liberal- Associate Director for Compliance, Royalty Science and Transportation. ization in Cuba by engaging Castro and loos- Management Program, Minerals Manage- EC–472. A communication from the Acting ening the overall trade embargo against the ment Service, Department of the Interior, Secretary of the Treasury, transmitting, island nation. transmitting, pursuant to law, notice of the pursuant to law, the annual report of the Some mid-level State Department officials intention to make refunds of offshore lease United States Government for fiscal year and others had proposed for months that revenues where a refund or recoupment is ap- 1994; to the Committee on Finance. Washington engage Castro either to help propriate; to the Committee on Energy and EC–473. A communication from the Acting avert chaos surrounding a future succession Natural Resources. Secretary of the Treasury, transmitting, or, in case of chaos, to establish a relation- EC–459. A communication from the Deputy pursuant to law, the quarterly report on the ship that could avoid more refugee waves. Associate Director for Compliance, Royalty expenditures and need for worker adjustment But the White House saw no political gain Management Program, Minerals Manage- assistance training funds; to the Committee for easing relations. Last fall, Secretary of ment Service, Department of the Interior, on Finance. State Warren Christopher said Castro would transmitting, pursuant to law, notice of the EC–474. A communication from the Chair- have to make political reforms before the intention to make refunds of offshore lease man of the Prospective Payment Assessment United States could engage on such issues as revenues where a refund or recoupment is ap- Commission, transmitting, pursuant to law, the embargo, eased travel relations and dip- propriate; to the Committee on Energy and the annual report of the Commission dated lomatic relations. Natural Resources. March 1, 1995; to the Committee on Finance. The administration, before making a ‘‘cali- EC–460. A communication from the General brated response,’’ will be looking for wider Sales Manager of the Department of Agri- f economic reforms to establish a free market culture, transmitting, pursuant to law, a re- on the island as well as political reforms, in- port relative to the availability of lentils REPORTS OF COMMITTEES and dry edible peas; to the Committee on Ag- cluding the stationing of human rights mon- The following reports of committees itors on the island, the senior official said. riculture, Nutrition and Forestry. were submitted: f EC–461. A communication from the Under Secretary of Defense, transmitting, pursuant By Mr. ROTH, from the Committee on MESSAGES FROM THE HOUSE to law, the report of a violation of the Governmental Affairs, without recommenda- Antideficiency Act, case number 93–20; to the tion without amendment: At 3 p.m., a message from the House Committee on Appropriations. S. 4. A bill to grant the power to the Presi- of Representatives, delivered by Mr. EC–462. A communication from the Under dent to reduce budget authority (Rept. No. Hays, one of its reading clerks, an- Secretary of Defense, transmitting, pursuant 104–13). nounced that the House has passed the to law, the report of a violation of the By Mr. ROTH, from the Committee on following bill; in which it reuqests the Antideficiency Act, case number 94–7; to the Governmental Affairs, without recommenda- concurrence of the Senate: Committee on Appropriations. tion with an amendment: EC–463. A communication from the Direc- S. 14. A bill to amend the Congressional H.R. 925. An act to compensate owners of tor of the Standards of Conduct Office, De- Budget and Impoundment Control Act of 1974 private property for the effect of certain partment of Defense, transmitting, pursuant to provide for the expedited consideration of regualtory restrictions. to law, a report relative to persons who filed certain proposed cancellations of budget f DD Form 1787; to the Committee on Armed items (Rept. No. 104–14). Services. MEASURES REFERRED EC–464. A communication from the Direc- f The following bill was read the first tor, Legislative Liaison, Department of the and second times by unanimous con- Air Force, transmitting, pursuant to law, a INTRODUCTION OF BILLS AND sent and referred as indicated: report relative to the Air Force’s portion of JOINT RESOLUTIONS the 1995 Base Realignment and Closure rec- H.R. 925. An act to compensate owners of The following bills and joint resolu- ommendations; to the Committee on Armed tions were introduced, read the first private property for the effect of certain reg- Services. ulatory restrictions; to the Committee on EC–465. A communication from the Deputy and second time by unanimous con- Environment and Public Works. Under Secretary of Defense (Environmental sent, and referred as indicated: f Security), transmitting, pursuant to law, no- By Mr. CRAIG (for himself, Mr. MUR- tification of a delay in the submission of a KOWSKI, Mr. REID, Mr. BRYAN, Mr. DO- EXECUTIVE AND OTHER report relative to environmental compliance; MENICI, Mr. BURNS, Mr. THOMAS, Mr. COMMUNICATIONS to the Committee on Armed Services. HATCH, Mr. BENNETT, Mr. STEVENS, The following communications were EC–466. A communication from the Deputy Mr. KEMPTHORNE, Mr. KYL, and Mr. laid before the Senate, together with Secretary of Defense, transmitting, pursuant PRESSLER): accompanying papers, reports, and doc- to law, a report relative to the Defense Com- S. 506. A bill to amend the general mining mercial Telecommunications Network; to laws to provide a reasonable royalty from uments, which were referred as indi- the Committee on Armed Services. mineral activities on Federal lands, to speci- cated: EC–467. A communication from the Admin- fy reclamation requirements for mineral ac- EC–454. A communication from the Office istrator of the Panama Canal Commission, tivities on Federal lands, to create a State of the Nuclear Waste Negotiator, transmit- transmitting, a draft of proposed legislation program for the reclamation of abandoned ting, pursuant to law, the final report of the to authorize expenditures for fiscal year 1996 hard rock mining sites on Federal lands, and Office; to the Committee on Energy and Nat- for the operation and maintenance of the for other purposes; to the Committee on En- ural Resources. Panama Canal and for other purposes; to the ergy and Natural Resources. EC–455. A communication from the Sec- Committee on Armed Services. By Mr. PRESSLER: retary of the Interior, transmitting, pursu- EC–468. A communication from the Assist- S. 507. A bill to amend title 18 of the Unit- ant to law, the annual report of the Office of ant Secretary of Defense for Economic Secu- ed States Code regarding false identification S 3604 CONGRESSIONAL RECORD — SENATE March 7, 1995 documents, and for other purposes; to the Committee on Energy and Natural Re- industry and Government to promote Committee on the Judiciary. sources. the extraction of minerals from min- By Mr. MURKOWSKI (for himself, Mr. MINING LAW REFORM ACT eral rich Federal lands. Although the BREAUX, Mr. GORTON, Mr. STEVENS, Mr. CRAIG. Mr. President, in the last cornerstone of this law was originally Mr. COCHRAN, and Mr. CAMPBELL): S. 508. A bill to amend the Internal Reve- Congress, Members in the Senate and enacted in 1872, it remains to function nue Code of 1986 to modify certain provisions our colleagues in the other Chamber effectively today. The law has been relating to the treatment of forestry activi- worked hard to reform the laws under amended and revised many times since ties; to the Committee on Finance. which the U.S. mining industry operate its original passage. The legislation I By Mr. CAMPBELL (for himself and on the vast Federal lands of the west. am introducing today preserves the Mr. BROWN): Members on both sides of the aisle, solid foundation provided by this law S. 509. A bill to authorize the Secretary of from all regions of the country, ac- and makes some important revisions the Interior to enter into an appropriate knowledged that the mining law of 1872 that address the concerns that have form of agreement with, the town of Grand needed change. While I was dis- been paramount in this debate that I Lake, Colorado, authorizing the town to maintain permanently a cemetery in the appointed we did not pass legislation in have been involved in for nearly a dec- Rocky Mountain National Park; to the Com- the last Congress to reform mining ade. mittee on Energy and Natural Resources. law, I would have been more dis- Specifically, the Mining Law Reform By Mr. MCCAIN (for himself and Mr. appointed if Congress had accepted Act of 1995 will insure revenue to the INOUYE): some of the reform proposals that were Federal Government by imposing fair S. 510. A bill to extend the authorization put forward at that time. The reason and equitable net royalties. It requires for certain programs under the Native Amer- for my concern was the proposals of- payment of fair market value for lands ican Programs Act of 1974, and for other pur- fered at that time did not meet my pri- to be mined. It assures lands will re- poses; to the Committee on Indian Affairs. By Mr. DOMENICI (for himself and Mr. mary test of fair legislation. That test turn to the public sector it they are ABRAHAM): is this country’s mining industry that not developed for mineral production, S. 511. A bill to require the periodic review annually contributes approximately $53 as is intended in this legislation. Fur- and automatic termination of Federal regu- billion to our economy will not be driv- thermore, to prevent mining interests lations; to the Committee on Governmental en to economic ruin nor to operate from using patented land for purposes Affairs. only in other countries. other than mining, the bill limits resi- By Mr. GRASSLEY: Today, I am introducing, a bipartisan dential occupancy to that which is S. 512. A bill to amend title XVIII of the bill in conjunction with Chairman only necessary to carry out mining ac- Social Security Act to provide for a 5-year extension of the medicare-dependent, small, MURKOWSKI, Senator REID and 10 other tivities. rural hospital payment provisions, and for of my colleagues. The Mining Law Re- To ensure mining activities do not other purposes; to the Committee on Fi- form Act of 1995, is a bill which will en- unnecessarily degrade Federal lands, nance. sure continued mineral production in the Mining Law Reform Act mandates By Mr. HEFLIN: the United States. It provides for a fair compliance with all Federal State and S. 513. A bill to amend chapter 23 of title economic return from minerals ex- local environmental laws with regard 28, United States Code, to authorize vol- tracted on public lands, and will link to land use and reclamation. To en- untary alternative dispute resolution pro- mining practices on Federal lands to force these provisions, the bill includes grams in Federal courts, and for other pur- poses; to the Committee on the Judiciary. State and Federal environmental laws civil penalties and the authority for By Mr. AKAKA: and land-use plans. This bill provides a compliance orders. S. 514. A bill for the relief of the heirs, suc- balanced and equitable solution to con- Finally, this bill creates a program cessors, or assigns of Sadae Tamabayashi; to cerns raised over the existing mining to address the environmental problems the Committee on the Judiciary. law. associated with abandoned mines. By Mr. BRADLEY: Mining in the United States is an im- Working directly with the States, the S. 515. A bill to amend the Federal Meat portant part of our Nation’s economy. Mining Law Reform Act directs one- Inspection Act and the Poultry Products In- It serves the national interest by main- third of the royalty receipts to aban- spection Act to provide for improved public health and food safety through the reduction taining a steady and reliable supply of doned mine cleanup programs; another of harmful substances in meat and poultry the materials that drive our industries. one-third of those receipts could be that present a threat to public health, and Revenue from mining fuels local econo- used by States if they so decided. for other purposes; to the Committee on Ag- mies by providing family income and The legislation I am proposing today riculture, Nutrition, and Forestry. preserving community tax bases. Min- is in the best interest of the American By Mr. HEFLIN (for himself and Mr. ing has become an American success people because it provides revenue SHELBY): story. Fifteen years ago, U.S. manufac- from public resources, assures mines S. 516. A bill to transfer responsibility for turers were forced to rely on foreign will be developed in an environ- the aquaculture research program under Public Law 85–342 from the Secretary of the producers for 75 percent of the gold mentally sensitive manner and that Interior to the Secretary of Agriculture, and they needed. Today, the United States abandoned mines from earlier eras will for other purposes; to the Committee on En- is more than self-sufficient. The do- be reclaimed. It is fair to mining inter- vironment and Public Works. mestic mining industry not only meets ests because it imposes reasonable fees the demand, but produces a gold sur- and royalties. It is good for the envi- f plus of 36 percent, worth $1.5 billion in ronment because it assures land use export balance of payments. and reclamation activities. I ask my STATEMENTS ON INTRODUCED Mining, however, is a business associ- colleagues to join me in support of this BILLS AND JOINT RESOLUTIONS ated with enormous up-front costs and legislation and look forward to hear- By Mr. CRAIG (for himself, Mr. marginal profits. Excessive royalties ings and Senate legislative action. MURKOWSKI, Mr. REID, Mr. discourage, and in other countries have Mr. PRESSLER. Mr. President, I am BRYAN, Mr. DOMENICI, Mr. discouraged, mineral exploration. Too pleased to join my colleagues today in BURNS, Mr. THOMAS, Mr. HATCH, large a royalty would undermine the introducing legislation to reform the Mr. BENNETT, Mr. STEVENS, Mr. competitiveness of the mining indus- mining law of 1872. I congratulate my KEMPTHORNE, Mr. KYL, and Mr. try. The end result of excessive Gov- distinguished friend, Senator LARRY PRESSLER): ernment involvement would be the CRAIG, for all of his hard work on this S. 506. A bill to amend the general movement of mining operations over- very important issue. mining laws to provide a reasonable seas and the loss of American jobs. The As a Senator from a State with sig- royalty from mineral activities on Fed- legislation I am introducing today will nificant mining activity, reform of the eral lands, to specify reclamation re- keep U.S. mines competitive and pre- obsolete mining law of 1872 is impera- quirements for mineral activities on vent the movement of U.S. jobs to tive. There are currently 95 mining Federal lands, to create a State pro- other countries. companies operating in the State of gram for the reclamation of abandoned The general mining law is the corner- South Dakota, bringing in more than hard rock mining sites on Federal stone of U.S. mining practices. It es- $321 million in gross State revenues. lands, and for other purposes; to the tablishes a useful relationship between Many of these are small businesses. March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3605 The mining industry employs almost the provision of this bill which places Several State driver’s licenses, in- 2,500 South Dakotans. the responsibility for developing rec- cluding Maryland and California, now I therefore represent many dedicated lamation standards in the hands of the include a hologram, two separate pic- individuals who are an integral part of States. Those of us here in Washington, tures, and a magnetic strip in an effort South Dakota’s economy. I also rep- from Members of Congress to Govern- to make counterfeiting more difficult. resent a number of citizens who believe ment bureaucrats, don’t always know However, even these measures are all mining activity should be stopped. what is best for the Federal lands in being duplicated with relative ease. It In South Dakota, as in a number of South Dakota—or even Wyoming or is time for Congress to take action. States, citizens are deeply divided on Colorado. Each State is in a better po- The bill I am introducing today at- issues related to mining. sition to judge for itself what is best tacks this problem in two ways. First, However, my constituents are all in for its own environmental well-being. it reduces, from five to three, the num- agreement on one basic point: the min- Last year, we spent a great deal of ber of false identification documents ing law of 1872 is outdated. It needs to time working to develop a compromise that must be in an individual’s posses- be revised. I believe the legislation we on mining law reform. Unfortunately, sion before a prison sentence, a fine, or are introducing today is a fair ap- we were unsuccessful in passing a final both, can be imposed under Federal proach to reforming this antiquated bill. I believe that this year’s legisla- law. Second, it requires a prison sen- law. tion incorporates many elements of tence, a fine, or both, for anyone con- Mr. President, in my State of South last year’s compromise. This bill has victed of using the mail to send a false Dakota, five major gold mining compa- widespread support from the mining in- ID to someone under 21 years of age. nies conduct large scale surface mining dustry. It is sound legislation, and we Mr. President, let me explain both of for gold on roughly 2,400 acres of land should not delay in moving it forward. these provisions in more detail. The in the Black Hills. Current expansion On behalf of many South Dakotans, I first provision tightens current Federal proposals cover at least another 1,300 urge my colleagues in the Senate to law which provides penalties for know- acres, including 800 acres of U.S. Forest give this matter serious consideration. ingly possessing or transferring unlaw- Service land. Additionally, there are Many provisions of the 1872 mining law fully five or more false identification numerous exploratory drilling oper- need to be revised. The dedicated min- documents. The number of false ID’s ations on Forest Service lands in the ers of South Dakota and the rest of the necessary to trigger this law would be Black Hills. country should no longer be asked to reduced from five to three. Someone Over the past few years, I have held shoulder the burdens imposed by this convicted under this provision would many public meetings in South Dakota antiquated law. I look forward to work- face a fine of up to $15,000, imprison- in which South Dakota mining oper- ing with members of the Senate Com- ment of up to 3 years, or both. ations were discussed. The problems in- mittee on Energy and Natural Re- These days, it is far too easy and herent in the mining law of 1872 come sources as they strive to make this bill cheap to buy a fake ID. therefore, buy- up again and again at these meetings. into a fair and equitable mining reform ing alcohol is not difficult for someone Many South Dakotans are particu- law. larly concerned about the existing land under 21. A recent report by the U.S. patent provisions and the extremely By Mr. PRESSLER: Department of Health and Human low fees required to purchase Federal S. 507. A bill to amend title 18 of the Services stated that ‘‘minors can get land. Current law allows Federal land United States Code regarding false state driver’s license in Times Square to be offered at a base price of $2.50 or identification documents, and for other in New York City for $10 to $15 each.’’ $5.00 per acre. This is a virtual give- purposes; to the Committee on the Ju- Young people always have attempted away. Anyone who has visited the diciary. to buy alcohol at an early age. Nothing beautiful Black Hills National Forest FALSE IDENTIFICATION ACT Congress does will suppress the urge in western South Dakota would cer- Mr. PRESSLER. Mr. President, for alcohol in young people. tainly agree that those lands are worth today I am pleased to reintroduce leg- However, this bill is not directed at far more. It is important that respon- islation designed to attack a growing someone under 21 years of age who pos- sible mining activity be permitted. problem: the use of false identification sesses one or two false ID’s. We can do However, in this time of huge Federal documents [ID’s] by young people little to address the demand, but we deficit spending, it is time these fees under 21 years of age. I introduced a can do something to reduce the supply. were reformed to reflect good fiscal similar bill late last year. The Federal Government needs to common sense. Several years ago, Congress condi- crack down on those in the business of This legislation takes care of that. It tioned Federal highway funding on the illegally producing and transferring brings much needed revenue back to requirement that States have a mini- false ID’s. By stiffening Federal pen- the Federal Government. This legisla- mum drinking age of at least 21 years. alties for the production and distribu- tion mandates that the fair market Since then, all 50 States have come tion of false ID’s, this bill will punish value be charged for ownership of Fed- into compliance. One consequence has those who profit from teenage alcohol eral lands. In addition, it imposes been a dramatic increase in the use of abuse and make obtaining false docu- claim holding fees of $100 per year, per false ID’s by young people to illegally ments more difficult. claim. purchase alcoholic beverages. An ille- The second provision of this bill cre- This legislation also would ensure gal, underground black market has ates a new penalty for using the mails that the Government gets paid for emerged, supplying cheap documents to distribute false ID’s. Under this pro- some of the value of what is in the to satisfy this demand. The prevalence vision, anyone who knowingly sends an land. It would impose a net royalty of of counterfeit ID’s poses a growing identification document showing an in- 3 percent on proceeds from mining ac- menace to the licensed beverage indus- dividuals to be 21 years old or older tivity. This provision is based on the try, and promotes alcohol abuse among through the mails—without first veri- State-imposed net proceeds tax, which young Americans. fying the individual’s actual age—can is working quite successfully in Ne- With modern computer graphic pro- be imprisoned for up to 1 year, be fined, vada. It makes good economic sense. grams, counterfeiting a driver’s license or both. Verification can be satisfied Another issue South Dakotans al- is child’s play for sophisticated com- by viewing a certification or other ways raise is reclamation. It is cer- puter users. On October 3, 1994, the written communication confirming the tainly important that we encourage re- Washington Times published a front- age of the individual being identified. sponsible caretaking of South Dakota’s page article entitled ‘‘Fake IDs sur- This provision attempts to stem the Federal lands—both to maintain the mount high-tech obstacles: Underage interstate distribution of false ID’s. health of the Black Hills National For- drinkers flock to buy them.’’ The arti- Forty-six States currently have laws est, and to preserve its natural beauty. cle describes how easily falsified iden- prohibiting youths from misrepresent- Who knows best how to take care of tification documents can be created by ing their age in order to purchase alco- South Dakota’s Federal lands than computers and the steps various States hol. But nothing prohibits minors from South Dakotans? That’s why I support are taking in response. obtaining false ID’s from other States S 3606 CONGRESSIONAL RECORD — SENATE March 7, 1995 through the mail. Tough Federal ac- [From the Washington Times, Oct. 3, 1994] said Sgt. John Daly of the Metropolitan Po- lice check and fraud division. tion is necessary. This provision will FAKE IDS SURMOUNT HIGH-TECH OBSTACLES— Earlier this year, Maryland introduced affect businesses specializing in mail- UNDERAGE DRINKERS FLOCK TO BUY THEM driver’s licenses with holograms, two sepa- order false ID’s. (By Matt Neufeld) rate pictures and a magnetic strip in an ef- To conclude, let me say this legisla- The high-tech revolution has helped boost fort to counter the counterfeiters. tion has the support of the National Li- one local cottage industry with a potentially ‘‘But the kids are duplicating those,’’ said censed Beverage Association and the lethal product: fake identification cards for Ms. Leonard, the Montgomery council aide. South Dakota Retail Liquor Dealers underaged drinkers. ‘‘A police officer told me that [soon] after Association. I urge my colleagues to Illegal, falsified ID cards are prevalent those came out, a kid took electrical tape and put it on a fake ID.’’ join them in supporting this legisla- among underage drinkers, especially college students, and their production flourishes no Although many high school students have tion. matter how many steps authorities take to fake IDs, police find that most of them are Mr. President, I ask unanimous con- make them difficult to copy, police and gov- manufactured, distributed and used by col- sent that the bill be printed in the ernment officials say. lege students. The IDs are bought, sold and RECORD at this point. I also ask con- ‘‘Fake IDs are rampant,’’ said Trina Leon- distributed through an underground black sent that several newspaper articles be ard, an aide to Montgomery County Council market spread by word of mouth. member Gail Ewing, who is also chairwoman Area students often make or procure fake included in the RECORD at the conclu- of the Maryland Underage Drinking Preven- IDs in the form of licenses from far-away sion of my remarks. tion Coalition. ‘‘Fake IDs are an enormous states such as Iowa or Kansas, thinking local There being no objection, the mate- problem among teenagers because they fre- businesses won’t know the difference. A rial was ordered to be printed in the quently are a passport to death and injury widely known legal guidebook available to RECORD, as follows: for kids.’’ businesses shows up-to-date pictures of li- The use and manufacture of fake IDs has censes from every state, but police say that S. 507 been a concern of parents, police and state many merchants are too lazy to consult it. Be it enacted by the Senate and House of Rep- motor vehicle authorities for decades. The resentatives of the United States of America in problem surfaced again after Friday’s an- THREE CHARGED IN FAKE-ID SCAM Congress assembled, nouncement that three of the four Walt CHARLOTTESVILLE.—Three former Univer- Whitman High School girls involved in the SECTION. 1. SHORT TITLE. sity of Virginia students have been charged Sept. 6 double-fatal car crash in Potomac in what police said was a scheme to pass sto- This Act may be cited as the ‘‘False Identi- were carrying fake IDs. len student identification cards and fraudu- fication Act of 1995.’’ The girls did not use their IDs that night, lent checks. SEC. 2. MINIMUM NUMBER OF DOCUMENTS FOR Montgomery County police said, but relied Police at the University of North Carolina CERTAIN OFFENSE. instead on another way in which teens pro- at Chapel Hill said the ring operated in two Section 1028 of title 18, United States Code, cure alcohol: They had an adult buy 21⁄2 cases states. Based in Charlottesville, it included is amended— of beer for them from a liquor store in several former members of Alpha Phi Alpha, (1) in subsection (a)(3), by striking ‘‘five’’ Georgetown the night of the crash. a service fraternity at the University of Vir- and inserting ‘‘3’’; and One mother of a boy who knew the girls ginia that was suspended in 1992 after a haz- (2) in subsection (b)(1)(B), by striking later found four different phony IDs in her ing incident. ‘‘five’’ and inserting ‘‘3’’. own son’s wallet, she told friends. Investigators believe the students stole Even as states take dozens of precautions about 400 UNC-Chapel Hill ID cards in Janu- SEC. 3. REQUIRED VERIFICATION OF MAILED in preparing high-technology licenses de- ary to pass stolen or counterfeited checks IDENTIFICATION DOCUMENTS. signed to be difficult to copy, technology- and to get state ID cards in North Carolina (a) IN GENERAL.—Chapter 83 of title 18, savvy students and underground counter- and Virginia. United States Code, is amended by adding at feiters match the authorities’ steps in metic- North Carolina authorities last week the end the following: ulous and frustrating ways. charged Canu C. DiBona, 21, of Durham, N.C. ‘‘It continues to be a problem, because, as with one count of felony financial trans- § 1739. Verification of identification docu- police say, no matter how tough they get, action card theft. Marcus A. Tucker, 23, of ments kids are smart and they always find a way to Charlottesville was arrested Sept. 15 on sev- ‘‘(a) Whoever knowingly sends through the get them,’’ said Tim Kime, a spokesman for eral charges, including felony financial mails any unverified identification docu- the Washington Regional Alcohol Program, a transaction card theft and two counts of for- ment that bears a birth date— private advocacy group. gery. ‘‘(1) purporting to be that of the individual ‘‘We live in the age of computers, and you Authorities said Phillipe Zamore, 21, also named in the document; and can do wonderful things with a computer. of Charlottesville also was implicated in the ‘‘(2) showing such individual to be 21 years You get the right background [cloth], the scheme. He was arrested in April and of age or older; picture, the laminator, and you’ve got a charged with felony larceny after attempting when in fact that individual has not attained pretty good ID,’’ said Sgt. David Dennison, to use an illegally obtained credit card at a who heads the Prince George’s County police the age of 21 years, shall be fined under this University of Virginia bookstore. collision analysis and reconstruction unit. title or imprisoned not more than 1 year, or Authorities said more arrests are expected. The unit’s responsibilities include drunken both. Investigators said the cards reportedly driving and underage drinking. ‘‘(b) As used in this section— have turned up as far away as New York and ‘‘You bet there’s some computer geniuses ‘‘(1) the term ‘unverified’, with respect to Florida. Near the UNC-Chapel Hill campus out there at these colleges who find it very an identification document, means that the alone, the ring has used up to $20,000 in bad easy to do,’’ Sgt. Dennison said. ‘‘If they can checks, Lt. Clay Williams of the campus po- sender has not personally viewed a certifi- print money with computers, driver’s li- cation or other written communication con- lice said. censes aren’t that hard.’’ Police said members of the alleged ring firming the age of the individual to be iden- In the Potomac crash, driver Elizabeth used sophisticated equipment to read infor- tified in the document from— Clark, 16, and a front-seat passenger, Kath- mation on magnetic tape on the backs of the ‘‘(A) a governmental entity within the erine Zirkle, 16, were killed with Elizabeth’s IDs, and even printed their own checks with United States or any of its territories or pos- 1987 BMW hit a tree along River Road at 12:55 a laser printer. sessions; or a.m. ‘‘All these kids are smart—that’s what’s ‘‘(B) a duly licensed physician, hospital, or Two friends riding in the back seat, Elinor striking about this.’’ Lt. Williams said. ‘‘We medical clinic within the United States; and ‘‘Nori’’ Andrews, 15, and Gretchen Sparrow, have very intelligent young men—extremely ‘‘(2) the term ‘identification document’ 16, were hospitalized with serious injuries computer literate, highly articulate—that means a card, certificate, or paper intended but were released last week. could be upstanding professionals in the to be used primarily to identify an individ- Police said Elizabeth had a blood-alcohol community, but instead they chose the lure ual.’’. level of .17 percent, nearly double the .10 per- of fast money.’’ (b) CLERICAL AMENDMENT.—The table of cent level that state law defines as driving sections at the beginning of chapter 83 of while intoxicated. Katherine’s blood-alcohol [From the St. Joseph’s University (PA) title 18, United States Code, is amended by level was .03 percent police said. Hawk, Mar. 15 1994] adding at the end the following new item: In Maryland, minors with a blood-alcohol BUSTED!—2 SJU STUDENTS ARRESTED IN FAKE level of .02 percent can have their licenses I.D. RING ‘‘1739. Verification of identification docu- taken on the spot. ments.’’. Detecting homegrown phony IDs isn’t al- (By Maureen O’Connell) (c) CONFORMING AMENDMENT.—Section ways easy, authorities say. The population of the state of New Jersey 3001(a) of title 39, United States Code, is ‘‘In fact some police officers on the street recently fluctuated by an estimated 100 to amended by striking ‘‘or 1738’’ and inserting couldn’t tell the difference unless they thor- 200 citizens as students under the age of 21 ‘‘1738, or 1739’’. oughly examine them. You can be fooled,’’ obtained fraudulent drivers’ licenses for that March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3607 state through an operation based on the trooper were issued non-traffic citations,’’ me to one of the guys whose room it was, ground floor of Sourin Residence Hall and added Hall. who I felt bad for because he didn’t know the the Adam’s Mark Hotel last weekend. ‘‘Several other participants were charged full impact of what was going on,’’ he added. St. Joseph’s University Security and the with felonies at the Adam’s Mark Hotel,’’ he Police spent some time in the room trying Pennsylvania State Police stepped in to curb said. to sort out who was in charge. ‘‘They recog- this rapid population boom and arrested six According to Pennsylvania State Trooper nized one of the girls as the person who students and two juveniles directly con- Gant who has been involved in subsequent takes the people from Sourin to the Adam’s nected with the scheme. Two of the six stu- investigations, an additional 5 to 7 students Mark. Her and the kid at the computer, dents, identified by The Philadelphia In- were given non-traffic citations in the hotel. those two played it cool and calm. Every- quirer as Salvatore Carollo and Carl Lynn, Gant explained that these citations involve body else was flipping out. One kid was cry- attend St. Joseph’s and are residents of ‘‘sliding fines’’ up to $500 dollars, depending ing, bawling and he didn’t even do anything. Sourin room 15. According to the Inquirer upon judicial decision. He was in there looking for one of his both were arraigned on Sunday evening on ‘‘The people arrested were held at Eighth friends,’’ said the student. charges of forgery and manufacturing false and Race awaiting arraignment until Sun- ‘‘Eventually they took three of us out, me, identification. day,’’ said Hall. ‘‘For the parties involved the other one and this girl. They didn’t take The fake ID factory, which turned out charged with felonies and misdemeanors us out in handcuffs or anything, they just near-authentic licenses with the help of ad- there is a range of penalties from fines to jail took us in the police car, and took us down,’’ vanced computer programming and other sentences.’’ explained the student. ‘‘The cop was trying Regardless of Commonwealth penalties, electronic devices at the cost of $100 a pop, to get something out of the kids that would the University will subject the two arrested was not a well kept secret and was quickly incriminate the other kids,’’ he said. students to the traditional disciplinary sys- leaked to St. Joseph’s University Security ‘‘When they took us down to the station, tem. and the Pennsylvania State Police. at one point there was this St. Joe’s official ‘‘Two St. Joseph’s undergraduates arrested According to director of public safety and over the weekend in a counterfeit I.D. and he saw the one kid was crying and he security Albert Hall, a ‘‘top security’’ officer scheme have been suspended by the Univer- went up to him and said, ‘You better tell him discovered the operation during a shift on sity pending further investigation and re- everything you know if you want to stay in Friday evening. view,’’ said director of external relations Jo- this school,’ ’’ the student reported. ‘‘He notified me at home and had some seph Lundardi in a press release on Monday. The student said he was held for two and a very good information that this was happen- ‘‘An internal disciplinary hearing will be half hours and then released. He claims that ing,’’ said Hall. conducted later this week, with findings and/ some of the agents looked very familiar to ‘‘By the sign-in logs it is pretty evident or sanctions referred to the Vice President him. that it started on Thursday evening,’’ said for Student Life and Provost.’’ ‘‘I recognized three undercover agents as Hall. According to the Student Handbook both people who I thought were St. Joe’s stu- ‘‘I decided we had a felony being commit- students committed the following major vio- dents,’’ he said. ted and I knew we had to bring it to law en- lations: 1) Misrepresentation of identity or He also claimed that this is not the only forcement’s attention or we would be ob- age; forging or altering records including location this group has hit. structing justice. I then called the Penn- University identification card: 2.) Mali- ‘‘I knew a guy whose sister came up for the sylvania State Police and left a message. ciously entering and/or using University weekend and she got the same exact ID from Later that evening, [an officer in the] Fraud- premises, facilities or property without au- the same people at a different school,’’ he ulent Document Unit called and he was very thorization. The two may also have violated said. interested in what was going on.’’ the guest policy. Some students who did purchase an ID at Hall said that shortly after he made his Possible sanctions for such violations in- St. Joseph’s, but were not present when the call, the State Police received a call from an clude summary discipline dismissal, expul- police arrived, are worried because of rumors informed parent. sion, suspension, removal from the residence of a computer disk containing all of the According to Hall, University security met community, disciplinary probation, restitu- names of students who purchased the fake with State Police the next morning, Satur- tion or fines. NJ licenses. day, at 8 a.m. to determine a strategy. The pair have been given the choice to ap- ‘‘I’m very nervous,’’ said one student who ‘‘A plan was devised to introduce a state pear before an administrator within the Stu- purchased an ID on Friday. She reported trooper as a student and to have the Penn- dent Life system or to have a hearing with that she paid $100 for the fake license. sylvania state trooper be sent through the the Peer Review Board. According to the ‘‘I went over to Sourin and went in the process,’’ said Hall. Peer Review Board’s handbook ‘‘present atti- room. I filled out a sheet with all the infor- The trooper joined students in the assem- tude; past record (both positive and nega- mation and someone entered it into a com- bly line—he entered Sourin, gave the nec- tive); severity of damage, injury, harm or de- puter. They printed it out and I gave it to essary personal information which was struction or potential for such; honesty, co- this guy. Then they took us to the Adam’s logged into a computer, trekked to the operation and willingness to make amends’’ Mark Hotel on the twelfth floor where all Adams Mark Hotel, was photographed, and will all be taken into consideration when de- the camera stuff was set up. I signed a paper received his ‘‘bogus ID.’’ liberating for sanctions. and then they took the picture. They ran it Almost immediately, Security and the Regardless of their fate, an undetermined through these machines and five minutes State Police entered Sourin while the State number of students currently possess the later I had the ID,’’ she explained. Police alone entered the Adam’s Mark. false I.D.s and according to both Hall and The student had been signed into Sourin ‘‘We went through the room (in Sourin) Gant, the State Police have a record of by a friend who lives in the building. She and found the outside person who we believe names. said it was obvious that not everyone could to be responsible for typing information into ‘‘The Police will be making a decision on have been signed into the same room since it the computer,’’ said Hall. He also mentioned how to handle the students who purchased was fairly crowded. that the Police also found ‘‘more electronic these fraudulent New Jersey licenses,’’ said ‘‘There were twelve people there when I equipment.’’ Hall. ‘‘The state police have alerted all liq- was there,’’ she noted. According to Hall, four St. Joseph’s stu- uor stores in the area to be on the lookout One student reported that he had to sign a dents were present in the room in Sourin. for those New Jersey. I.D.s which are distin- disclaimer stating that the license was not One was completely unconnected with the guishable by a code which is on all of them,’’ endorsed by the government or the New Jer- operation and consequently released. Two he added. sey Department of Motor Vehicles. He others were given non-traffic citations for claimed it also stated that all of the infor- [From the St. Joseph’s University (PA) summary offenses and the fourth was ar- mation given by the student was true to the Hawk, Mar. 25, 1994] rested for misdemeanors of fraud and manu- best of his knowledge. facturing false documents. STUDENT ACCOUNTS OF RAID AND AFTERMATH Another student reported purchasing a dif- Hall mentioned that three visiting stu- (By Jessica Hausmann) ferent kind of fake ID in the same room in dents were also in the room, one of whom Students were stunned this Saturday as Sourin prior to the scandal. was released. The remaining two visitors police busted a fake ID ring centered in a ‘‘I got a Virginia license in the same room were charged with felonies for fraud and room in Sourin, as well as in the Adam’s almost a month ago for $60,’’ reported the manufacturing false documents. Mark Hotel on City Avenue. Several St. student. She intends to use the ID, but not ‘‘I have very good information that they Joe’s students purchased ID’s and some of around here. have worked other schools in the Maryland them were understandably worried. Students who were not involved in the in- area and I have put them in touch with the One student, who did not purchase an ID, cident in any way were also affected. Some State Police,’’ said Hall. was present in the room when the police ar- 21-year-old students with legitimate New He also claimed that State Police seized rived. Jersey licenses are concerned that it may be- ‘‘what appeared to be back-up discs for infor- ‘‘The door gets kicked in (and they shout) come more difficult for them to get into area mation saved on computers.’’ ‘Hit the floor! F.B.I., State Police! Every- bars. ‘‘Another group of St. Joseph’s students body down, down!’ just like a scene out of ‘‘I better be able to get into The Duck or who went to the Adam’s Mark Hotel with the ‘Cops’,’’ said the student. ‘‘They handcuffed I’m going to kill someone, said junior Chris S 3608 CONGRESSIONAL RECORD — SENATE March 7, 1995 Ferland, who recently turned 21. Some stu- long-term, high-risk business. Trees SEC. 2. PARTIAL INFLATION ADJUSTMENT FOR dents who are under 21 are worried that it can take anywhere from 25 to 75 years TIMBER. will now be more difficult to obtain alcohol to grow to maturity, depending on the (a) IN GENERAL.—Part I of subchapter P of chapter 1 of the Internal Revenue Code of from places that previously did not card or type of tree and regional weather and that accepted fake IDs. 1986 (relating to treatment of capital gains) Students working for the admissions office soil conditions. The key to success is is amended by adding at the end the follow- as tour guides are also affected. The office good management which is costly. And ing new section: has prepared them for possible difficulties fire and disease can wipe out acres of they may encounter on tours as parents and trees at any time during the long grow- ‘‘SEC. 1203. PARTIAL INFLATION ADJUSTMENT FOR TIMBER. perspective students ask them about the ing period. scandal itself or about a quote appearing in ‘‘(a) IN GENERAL.—At the election of any The legislation we are introducing taxpayer who has qualified timber gain for a front page article in Monday’s Philadel- today will boost private investment in phia Inquirer regarding the incident, in any taxable year, there shall be allowed as a which a student is quoted as saying that forests and aid in the cost of maintain- deduction from gross income an amount there are no activities or events for students ing these forests. Our legislation has equal to the qualified percentage of such on campus during the weekend. four components: gain. ‘‘They told us to be honest about what hap- Partial elimination of the tax on in- ‘‘(b) QUALIFIED TIMBER GAIN.—For purposes pened and to stress that there are activities flationary gains. The gain from the of this section, the term ‘qualified timber on campus but that they are not alcohol re- sale of private timber would be reduced gain’ means the lesser of— lated events and some students choose not to by 3 percent for each year the timber is ‘‘(1) the net capital gain for the taxable attend them or they choose to drink before owned, up to a maximum reduction of year, or they go to them,’’ said junior tour guide ‘‘(2) the net capital gain for the taxable Angie Faust. 50 percent of the gain. This should pro- year determined by taking into account only Faust believes that this student’s state- tect long-term investors in forest land gains and losses from timber. ment can hurt all St. Joe’s students. from being taxed on inflationary gains. ‘‘(c) QUALIFIED PERCENTAGE.—For purposes ‘‘What one student said can hurt our rep- Doubling the reforestation tax credit. of this section, the term ‘qualified percent- utation as a school,’’ she said. The current reforestation tax credit age’ means the percentage (not exceeding 50 percent) determined by multiplying— By Mr. MURKOWSKI (for him- has been significantly eroded by infla- tion because it has not been increased ‘‘(1) 3 percent, by self, Mr. BREAUX, Mr. GORTON, in 15 years. Our bill doubles the ‘‘(2) the number of years in the holding pe- Mr. STEVENS, Mr. COCHRAN, and amount of reforestation expenditures riod of the taxpayer with respect to the tim- Mr. CAMPBELL): eligible for the credit—from $10,000 to ber. S. 508. A bill to amend the Internal ‘‘(d) ESTATES AND TRUSTS.—In the case of Revenue Code of 1986 to modify certain $20,000—and indexes this amount for fu- an estate or trust, the deduction under sub- provisions relating to the treatment of ture inflation. section (a) shall be computed by excluding forestry activities; to the Committee Amortization of reforestation ex- the portion (if any) of the gains for the tax- on Finance. penses. The current law special 7-year able year from sales or exchanges of capital amortization for up to $10,000 of for- assets which, under sections 652 and 662 (re- REFORESTATION TAX ACT estation expenses also has not kept up lating to inclusions of amounts in gross in- Mr. MURKOWSKI. Mr. President, I with inflation since it was enacted in come of beneficiaries of trusts), is includible am pleased to be joined by Senators 1980. Our legislation increases this by the income beneficiaries as gain derived BREAUX, GORTON, STEVENS, COCHRAN, amount to $20,000 and indexes it for fu- from the sale or exchange of capital assets.’’ and CAMPBELL in introducing the Re- ture inflation. In addition, it reduces (b) COORDINATION WITH EXISTING LIMITA- forestation Tax Act of 1995. This legis- TIONS.— the amortization period to 5 years. lation will encourage investment in (1) Subsection (h) of section 1 of such Code and sound management of privately Passive loss rules. Treasury regula- (relating to maximum capital gains rate) is owned forest land. tions seriously discourage private for- amended by inserting after ‘‘net capital Mr. President, our forests serve as ester from employing sound forest gain’’ each place it appears the following: the foundation of a multibillion dollar management practices. Our bill revises ‘‘(other than qualified timber gain with re- forest products industry. From lumber the regulations by providing that pri- spect to which an election is made under sec- and construction materials to pulp and vate foresters, like most other business tion 1203)’’. entrepreneurs, can prove that they are (2) Subsection (a) of section 1201 of such paper, timber provides a wide range of Code (relating to alternative tax for corpora- products that are essential to modern materially participating in the for- estry business. tions) is amended by inserting after ‘‘net living. At the same time, our forests capital gain’’ each place it appears the fol- provide wildlife habitat, maintain wa- Mr. President, there can be no doubt lowing: ‘‘(other than qualified timber gain tershed, and are used for a broad range that passage of this legislation is a key with respect to which an election is made of recreational activities, including to the preservation and expansion of under section 1203)’’. fishing, hunting, hiking, and camping. investment in this vital natural re- (c) ALLOWANCE OF DEDUCTION IN COMPUTING One of the challenges facing this sources. It has been endorsed by con- ADJUSTED GROSS INCOME.—Subsection (a) of country is ensuring that we have servation, environmental and forestry section 62 of such Code (relating to definition enough forests to meet our wildlife organizations including the American of adjusted gross income) is amended by add- ing after paragraph (15) the following new habitat and watershed needs as well as Forest and Paper Association, the Na- tional Association of State Foresters, paragraph: sustaining a reliable supply of timber ‘‘(16) PARTIAL INFLATION ADJUSTMENT FOR the Wilderness Society and the Natural for forest products. As harvest levels TIMBER.—The deduction allowed by section on public lands decline, we need to en- Resources Defense Council. 1203.’’ courage private foresters to invest in I urge my colleagues to join us in (d) CONFORMING AMENDMENT.—The table of and properly maintain their stock of this effort to encourage long-term in- sections for part I of subchapter P of chapter trees. vestment in private forest land and co- 1 of such Code is amended by adding at the Yet there is strong evidence that pri- sponsor this important legislation. end the following new item: vate and public tree replanting is de- I ask unanimous consent that the text of the bill and a list of the organi- ‘‘Sec. 1203. Partial inflation adjustment for clining. According to the U.S. Forest timber.’’ Service tree replanting and direct seed- zations supporting this legislation be ing has been steadily declining. Be- included in the RECORD. (e) EFFECTIVE DATE.—The amendments There being no objection, the mate- made by this section shall apply to sales or tween 1980 and 1988, annual private tree exchanges after December 31, 1994. planting increased from 1.76 million rial was ordered to be printed in the acres per year to 2.96 million acres per RECORD, as follows: SEC. 3. APPLICATION OF PASSIVE LOSS LIMITA- TIONS TO TIMBER ACTIVITIES. year. However, in every year since 1988, S. 508 private tree replantings have continu- (a) IN GENERAL.—Treasury regulations sec- Be it enacted by the Senate and House of Rep- tions 1.469–5T(b)(2) (ii) and (iii) shall not ously declined, reaching barely 2.04 resentatives of the United States of America in apply to any closely held timber activity if million acres in 1993—one-third lower Congress assembled, the nature of such activity is such that the than in 1988. SECTION 1. SHORT TITLE. aggregate hours devoted to management of The decline in private reforestation This Act may be cited as the ‘‘Reforest- the activity for any year is generally less reflects the reality that this is a very ation Tax Act of 1995’’. than 100 hours. March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3609 (b) DEFINITIONS.—For purposes of sub- Southern Forest Products Association. isfies both the park and the commu- section (a)— Southeastern Lumber Manufacturers Asso- nity. In addition, special uses appar- (1) CLOSELY HELD ACTIVITY.—An activity ciation. ently can only be permitted for a maxi- shall be treated as closely held if at least 80 Maine Forest Products Council. mum period of 5 years. Given that the percent of the ownership interests in the ac- Small Woodland Owners Association of tivity is held— Maine. town and park agree that the small (A) by 5 or fewer individuals, or Oklahoma Forestry Association. cemetery is a permanent use, contin- (B) by individuals who are members of the Arkansas Forestry Association. ued renewal of a 5-year permit is not a same family (within the meaning of section Southern State Foresters. realistic solution. 2032A(e)(2) of the Internal Revenue Code of Georgia Forestry Association. In an effort to avoid future difficul- 1986). Louisiana Forestry Association. ties, park and town representatives An interest in a limited partnership shall in North Carolina Forestry Association. have agreed that this legislation would South Carolina Forestry Association. no event be treated as a closely held activity offer the best solution to this problem. for purposes of this section. Mississippi Forestry Association. Texas Forestry Association. Authorizing the continued existence of (2) TIMBER ACTIVITY.—The term ‘‘timber the cemetery with specific size and activity’’ means the planting, cultivating, Virginia Forestay Association. American Pulpwood Association. caring, cutting, or preparation (other than boundaries within the park also pro- National Association of State Foresters. milling) for market, of trees. tects park resources. The community Hardwood Manufacturing Association. (c) EFFECTIVE DATE.—The amendments has expressed a strong willingness and National Hardwood Lumber Association. made by this section shall apply to taxable desire to assume responsibility for per- Hardwood Research Council. years beginning after December 31, 1994. Hardwood Forest Foundation. manent management of the cemetery. SEC. 4. AMORTIZATION OF REFORESTATION EX- Alabama Forestry Commission. This legislation would authorize the PENDITURES AND REFORESTATION development of an agreement to turn TAX CREDIT. Stewards of Family Farms, Ranches and Forests. maintenance responsibilities for the (a) INCREASE IN MAXIMUM AMORTIZABLE The Wilderness Society. AMOUNT.—Paragraph (1) of section 194(b) of cemetery and road over to the town, the Internal Revenue Code of 1986 (relating The National Woodland Owners Associa- resulting in a financial savings to the to maximum dollar amount) is amended— tion. park. It also recognizes the cultural (1) by striking ‘‘The aggregate’’ and insert- The Oregon Small Woodlands Association. significance of the cemetery and its The Washington Farm Forestry Associa- ing ‘‘(A) IN GENERAL.—The aggregate’’, strong ties with the history of the (2) by striking ‘‘$10,000 ($5,000’’ and insert- tion. 1,000 Friends of Oregon. Grand Lake area, which includes the ing ‘‘$20,000 ($10,000’’, and story of Rocky Mountain National (3) by adding at the end the following new The Idaho Forest Owners Association. subparagraph: The Forest Landowners of California. Park. The National Resources Defense Council. ‘‘(B) INFLATION ADJUSTMENT.— This legislation would negate the need for repeated negotiations between ‘‘(i) IN GENERAL.—In the case of any tax- By Mr. CAMPBELL (for himself able year beginning in a calendar year after the community and the National Park 1995, each dollar amount contained in sub- and Mr. BROWN): Service, and the chance for misunder- paragraph (A) shall be increased by an S. 509. A bill to authorize the Sec- standings. The National Park Service amount equal to— retary of the Interior to enter into an and Grand Lake representatives have ‘‘(I) such dollar amount, multiplied by appropriate form of agreement with, worked long and hard on developing ‘‘(II) the cost-of-living adjustment under the town of Grand Lake, CO., authoriz- this proposal. Enactment of this legis- section 1(f)(3) for the calendar year in which ing the town to maintain permanently the taxable year begins, determined by sub- lation would go a long way in main- a cemetery in the Rocky Mountain Na- taining and enhancing the spirit of co- stituting ‘calendar year 1994’ for ‘calendar tional Park; to the Committee on En- year 1992’ in subparagraph (B) of such sec- operation and good will between park tion. ergy and Natural Resources. and community that has been achieved ‘‘(ii) ROUNDING.—If any increase deter- ROCKY MOUNTAIN NATIONAL PARK GRAND LAKE during the development of this resolu- mined under clause (i) is not a multiple of CEMETERY ACT tion. $50, such amount shall be rounded to the Mr. CAMPBELL. Mr. President, On next lowest multiple of $50.’’ January 26, 1915, Congress passed legis- By Mr. MCCAIN (for himself and (b) DECREASE IN AMORTIZATION PERIOD.— lation creating a 265,726-acre Rocky Mr. INOUYE): (1) IN GENERAL.—Section 194(a) of such Mountain National Park. In 1892, long S. 510. A bill to extend the authoriza- Code is amended by striking ‘‘84 months’’ before the park was created, the town and inserting ‘‘60 months’’. tion for certain programs under the of grand lake established a small, less (2) CONFORMING AMENDMENT.—Section Native American Programs Act of 1974, than 5-acre community cemetery that 194(a) of such Code is amended by striking and for other purposes; to the Commit- lies barely 1,000 feet inside the western ‘‘84-month period’’ and inserting ‘‘60-month tee on Indian Affairs. period’’. edge of the park. Apparently, in the (c) AVAILABILITY OF DEDUCTION AND CREDIT early 1950’s, the National Park Service NATIVE AMERICAN PROGRAM REAUTHORIZATION TO TRUSTS.—Subsection (b) of section 194 of took notice of the cemetery and issued Mr. MCCAIN. Mr. President, I am such Code is amended— the town a formal special use permit, pleased to have the vice chairman of (1) by striking paragraph (3) and redesig- which has been renewed over the years. the Committee on Indian Affairs, Sen- nating paragraph (4) as paragraph (3), and (2) in paragraph (3) (as so redesignated)— In 1991, Rocky Mountain National Part ator INOUYE, join me today in introduc- (A) by inserting ‘‘AND TRUSTS’’ after ‘‘ES- apparently informed the town of grand ing a bill to extend the authorization TATES’’ in the heading, and lake that it would issue one final 5- for certain programs under the Native (B) by inserting ‘‘and trusts’’ after ‘‘es- year special use permit. American Programs Act of 1974. This tates’’ in the text. This 103-year-old cemetery has be- program is administered by the Admin- (d) EFFECTIVE DATE.— come part of the community’s herit- istration for Native Americans, or (1) AMORTIZATION PROVISIONS.—Except as age. Grand Lake residents have very ANA, within the Department of Health provided in paragraph (2), the amendments strong emotional and personal attach- and Human Services. made by this section shall apply to additions to capital account made after December 31, ments to it and need to be assured of Each year ANA awards several hun- 1994. its continued use and designation as a dred grants to Indian and Alaska Na- (2) TAX CREDIT PROVISIONS.—In the case of cemetery. The current permit is due to tive tribes and other native commu- the reforestation credit under section 48(b) of expire in 1996. All parties have agreed nities and organizations for govern- the Internal Revenue Code of 1986, the that a more permanent solution was ance, social and economic develop- amendments made by this section shall needed to meet the needs of the com- ment, and environmental mitigation apply to property acquired after December munity and the resource preservation projects. While modest in size, ANA 31, 1994. and protection intended by the estab- grants have proven to be extremely LIST OF COSPONSORING ORGANIZATIONS FOR lishment of the park. valuable tools for tribes and other na- RTA Existing measures available to the tive community groups seeking to fur- American Forest and Paper Association. National Park Service, including spe- ther their self-sufficiency. ANA and its Forest Industries Council on Taxation. cial use permit authority, do not pro- grants are vital to many Indian and na- Forest Farmers Association. vide for a permanent solution that sat- tive communities. ANA has earned S 3610 CONGRESSIONAL RECORD — SENATE March 7, 1995 strong support from Indian and Alaska S. 511. A bill to require the periodic latory agencies in their dealings with Native tribes. review and automatic termination of business. The authority for most of the grants Federal regulations; to the Committee A few weeks ago in Albuquerque, the distributed by ANA expires at the end on Governmental Affairs. Senate Small Business Committee of fiscal year 1995. Although the admin- REGULATORY SUNSET AND REVIEW ACT kicked off a series of field hearings en- istration has requested funding for fis- Mr. DOMENICI. Mr. President, I am titled ‘‘Entrepreneurship in America.’’ cal year 1996 at fiscal year 1995 levels, pleased to introduce the Regulatory Many members of the Small Business it has yet to forward a bill to Congress Sunset and Review Act of 1995, a bill Advocacy Council testified at this to reauthorize the act. that requires all existing Federal regu- hearing and explained to Chairman This important but small program lations to terminate in 7 years and new CHRISTOPHER BOND how difficult it is to should not be placed in jeopardy by the regulations to terminate in 5 years un- not only understand the regulations, administration’s distraction-of-the- less the appropriate agency, after solic- but to comply with them. month. Therefore, I am introducing iting public input and with the direc- As an example, one witness said that this reauthorization bill without the tion and guidance from Congress and the EEOC performs audits to ensure benefit of the administration’s request. the Office of Management and Budget, that an employer is in compliance with The bill would simply extend by 4 years determines the regulations are still title VII of the Civil Rights Act of 1964. the general authority for ANA appro- relevant and necessary. The EEOC asks for a roster of employ- priations and by 3 years the authority The purpose of this bill is to address ees to identify minority group, sex, and for ANA tribal environmental quality the staggering volume of regulations disabilities. The witness said, however, grant appropriations. In both cases, the promulgated each year and the enor- that while the information may be use- reauthorization would extend to fiscal mous costs associated with these regu- ful, an employer is unable to ask these year 1999 and the amounts authorized lations that place such a financial and would remain unchanged. The Commit- management burden on all Americans. questions of applicants or employees. tee on Indian Affairs has scheduled a This bill could be termed a ‘‘consum- This is only one example, but over hearing on the bill for March 22, 1995, ers’’ bill. As regulations are promul- the past year, I can assure you that I at 2:30 p.m. We hope to complete con- gated by various Government agencies, have heard countless similar examples sideration of the bill by the end of the cost of complying with these regu- that point out the inconsistencies, du- March. lations is estimated to be between $250 plications, and burdensome nature of Mr. President, I urge my colleagues and $500 billion annually. As noted in these Government regulations. And, an to join with me in enacting this reau- the March 4, 1995, Washington Post ar- important emphasis must be made: all thorization so that these important ticle, ‘‘The Myths That Rule us:’’ the witnesses understood and sup- funds are not interrupted. I ask unani- . . . economists are nearly unanimous in ported the positive aspects of regula- mous consent that a section-by-section believing at least half the cost (of regula- tions—that they were developed with summary and the bill be printed in the tions) is passed on to consumers in the form the best intentions for good purposes. RECORD. of higher prices. Most of the rest is passed on The witnesses simply believe that There being no objection, the mate- to employees in the form of lower wages. . .. there must be a better way than the Put another way, regulation is a form of tax- present system. rial was ordered to be printed in the ation that amounts to about $2,000 per year RECORD, as follows: for the average U.S. household ... I would like to mention briefly a re- S. 510 port by the General Accounting Office It is time we review these regulations [GAO], completed in June 1994, entitled Be it enacted by the Senate and House of Rep- to determine if they are necessary—if ‘‘Workplace Regulation—Information resentatives of the United States of America in their benefits outweigh the costs, if Congress assembled, on Selected Employer and Union Expe- they are duplicative, out-of-date, and if SECTION 1. AUTHORIZATION OF APPROPRIA- rience.’’ While I intend to devote more they are written in the most clear and TIONS FOR NATIVE AMERICAN SO- detail to this report at a later time, let CIAL AND ECONOMIC DEVELOP- unambiguous way possible. me just mention that the GAO’s find- MENT STRATEGIES GRANT PRO- Americans from all walks of life are GRAM. affected by these regulations: small to ing were strikingly similar to the find- Section 816 of the Native American Pro- large businesses, hospitals and schools, ings of the New Mexico Business Advo- grams Act of 1974 (42 U.S.C. 2992d) is amend- cacy Council: Those interviewed called ed— farmers and ranchers, and local, State, and tribal governments, to name but for the adoption of a more service-ori- (1) in subsection (2), by striking ‘‘for fiscal ented approach to workplace regula- years 1992, 1993, 1994, and 1995.’’ and inserting just a few. In the last two months of ‘‘for each of fiscal years 1995, 1996, 1997, 1998, 1994 alone, 615 proposed and final regu- tion; an improvement to information and 1999.’’; and lations were published in the Federal access and educational assistance to (2) in subsection (c), by striking ‘‘and Register. In all, the Federal Register employers, workers, and unions; and 1996,’’ and inserting ‘‘1996, 1997, 1998, and totaled 68,107 pages in length in 1994. It more input into agency standard set- 1999,’’. is time to get a handle on these regula- ting and enforcement efforts. The re- port discussed the constantly changing SECTION-BY-SECTION SUMMARY tions to determine if they should be modified or eliminated, and this bill and complex nature of regulations and Section 1. Authorization of Appropriations that they are often ambiguous with an of Native American Social and Economic De- will respond to this need by establish- velopment Strategies Grant Program. ing a mandatory review process by the increased potential for lawsuits. (1) General Grant Reauthorization. This agencies. It is obvious the time has come to re- subsection provides for a four year extension The importance of examining the view these regulations in a concise and to fiscal year 1999 of the present authority to thousands of existing regulations has systematic way. The process needs an appropriate such sums as may be necessary been enunciated clearly by my con- overhaul, and this bill is designed to for the purpose of carrying out the provi- stituents in New Mexico. In 1994, I cre- help facilitate this restructuring. sions of the Native American Programs Act I am pleased my distinguished col- of 1974 which do not otherwise have an ex- ated a Small Business Advocacy Coun- press authorization of appropriation. cil to advise me about the problems of league, Senator SPENCER ABRAHAM, is (2) Tribal Environmental Quality Grant small businesses and how Congress joining me in introduction of this time- Reauthorization. This subsection provides could address some of their concerns. ly measure, and I hope others will soon for a three year extension to fiscal year 1999 The council held 7 meetings in 6 loca- join us in this endeavor. This bill is al- of the present authority to appropriate tions throughout the State of New most identical to a measure introduced $8,000,000 for the purpose of carrying out the Mexico, and more than 400 businesses in the House last week by Representa- provisions Title 42, Section 2991b(d) of the participated in these meetings. The tives CHAPMAN, MICA, and DELAY, H.R. United States Code relating to grants to im- 994. As regulatory reform measures are prove tribal regulation of environmental consistent theme at all of these meet- quality. ings was the appearance of an adversar- considered in both Chambers, I believe ial relationship between the Federal the Regulatory Sunset and Review Act By Mr. DOMENICI (for himself Government and business, as well as of 1995 will be an important component and Mr. ABRAHAM): the lack of accountability of regu- of these efforts. March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3611 I ask unanimous consent that a date is the last day of the 7-year period be- reviewing regulations under this section, the statement by Senator ABRAHAM be in- ginning on the date of publication of a notice head of an agency shall publish in the Fed- cluded as a part of the RECORD and that under subsection (a)(4) for that extension. eral Register a solicitation of comments the text of the bill be printed following (c) TEMPORARY EXTENSION.—The termi- from the public (including the private sec- nation date under subsection (b) for a regula- tor) regarding the application of the criteria these remarks. tion may be delayed by not more than 6 set forth in subsection (b) to the regulation, There being no objection, the mate- months by the head of the agency that issued and shall consider such comments, before rial was ordered to be printed in the the regulation if the agency head submits to making determinations under this section RECORD, as follows: the Congress and publishes in the Federal and sending a report under section 5(a) re- S. 511 Register a preliminary report that describes garding a regulation. modifications that should be made to the Be it enacted by the Senate and House of Rep- regulation. SEC. 5. AGENCY REPORTS. resentatives of the United States of America in (d) RELATIONSHIP TO OTHER LAW.—Section (a) PRELIMINARY AND FINAL REPORTS ON Congress assembled, 553 of title 5, United States Code, shall not REVIEWS OF REGULATIONS.— SECTION 1. SHORT TITLE. apply to the extension or modification of a (1) IN GENERAL.—The head of an agency This Act may be cited as the ‘‘Regulatory regulation in accordance with this Act. shall submit to the President, the Adminis- Sunset and Review Act of 1995’’. SEC. 4. REVIEW OF REGULATIONS BY AGENCY. trator, and the Congress and publish in the SEC. 2. PURPOSES. (a) IN GENERAL.—The head of each agency Federal Register a preliminary report and a The purposes of this Act are the following: shall, under the criteria set forth in sub- final report for each review of a regulation (1) To require agencies to regularly review section (b)— under section 4. their regulations and make recommenda- (1) conduct thorough and systematic re- (2) PRELIMINARY REPORT.—A preliminary tions to terminate, continue in effect, mod- views of all regulations issued by the agency report shall contain— ify, or consolidate those regulations. to determine if those regulations are obso- (A) specific findings of the agency regard- (2) To require agencies to submit those rec- lete, inconsistent, or duplicative or impede ing— ommendations to the Administrator of the competition; and (i) application of the criteria set forth in Office of Information and Regulatory Affairs (2) issue reports on the findings of those re- section 4(b) to the regulation; and to the Congress. views, which contain recommendations for— (ii) the need for the function of the regula- (3) To provide for the automatic termi- (A) terminating or extending the effective- tion; and nation of regulations that are not continued ness of those regulations; (iii) whether the regulation duplicates in effect after such review. (B) any appropriate modifications to a reg- functions of another regulation; and (4) To designate a Regulatory Review Offi- ulation recommended to be extended; or (B) proposed recommendations on wheth- cer within each agency, who is responsible (C) any appropriate consolidations of regu- er— for the implementation of this Act by the lations. (i) the effectiveness of the regulation agency. (b) CRITERIA FOR REVIEW.—The head of an should terminate or be extended; agency shall review, make recommenda- SEC. 3. REVIEW AND TERMINATION OF REGULA- (ii) the regulation should be modified; and TIONS. tions, and terminate or extend the effective- (iii) the regulation should be consolidated ness of a regulation under this section under (a) IN GENERAL.—Except as provided in with another regulation. subsection (c), the effectiveness of a regula- the following criteria: (3) FINAL REPORT.—A final report on the (1) The extent to which the regulation is tion issued by an agency shall terminate on findings and recommendations of the agency outdated, obsolete, or unnecessary. the applicable termination date under sub- head regarding extension of the effectiveness (2) The extent to which the regulation or section (b), and the regulation shall have no of the regulation and any appropriate modi- information required to comply with the reg- force or effect after that termination date, fications to the regulation shall include— ulation duplicates, conflicts with, or over- unless the head of the agency— (A) a full justification of the decision to laps requirements under regulations of other (1) reviews the regulation in accordance extend and, if applicable, modify the regula- agencies. with section 4; tion; and (3) The extent to which the regulation im- (2) after the review, and at least 120 days (B) the basis for all determinations made pedes competition. before that termination date, submits in ac- with respect to that extension or modifica- (4) Whether the benefits to society from cordance with section 5(a) a preliminary re- tion under the criteria set forth in section the regulation exceed the costs to society 4(b). port on the findings and proposed rec- from the regulation. (b) REPORT ON SCHEDULE FOR REVIEWING ommendations of that review in accordance (5) Whether the regulation is based on ade- EXISTING REGULATIONS.—Not later than 100 with section 5(a)(2); quate and correct information. (3) reviews and considers comments regard- days after the date of the enactment of this (6) Whether the regulation is worded as Act, and on or before March 1, annually ing the preliminary report that are trans- simply and clearly as possible. thereafter, the head of each agency shall mitted to the agency by the Administrator (7) Whether the most cost-efficient alter- submit to the Administrator and the Con- and appropriate committees of the Congress native was chosen in the regulation to gress and publish in the Federal Register a during the 60-day period beginning on the achieve the objective of the regulation. report stating a schedule for the review of date of submission of the preliminary report; (8) The extent to which information re- regulations in accordance with this Act. The and quirements under the regulation can be re- schedule shall identify the review actions in- (4) after the 60-day period beginning on the duced, particularly for small businesses. tended to be conducted during the calendar date of submission of the preliminary report (9) Whether the regulation is fashioned to year in which such report is submitted. to the Congress, but not later than 60 days maximize net benefits to society. before that termination date, submits to the (10) Whether the regulation is clear and SEC. 6. FUNCTIONS OF ADMINISTRATOR. President, the Administrator, and the Con- certain regarding who is required to comply (a) IN GENERAL.—The Administrator gress, and publishes in the Federal Reg- with the regulation. shall— ister— (11) Whether the regulation maximizes the (1) review and evaluate each report submit- (A) a final report on the review under sec- utility of market mechanisms to the extent ted by the head of an agency under section tion 4 in accordance with section 5(a)(3), and feasible. 5(a), regarding— (B) a notice extending the effectiveness of (12) Whether the condition of the economy (A) the quality of the analysis in the re- the regulation, with or without modifica- and of regulated industries is considered. ports; tions, as of the end of the 60-day period be- (13) Whether the regulation imposes on the (B) whether the agency has properly ap- ginning on the date of that publication. private sector the minimum economic bur- plied the criteria set forth in section 4(b); (b) TERMINATION DATES.—For purposes of dens necessary to achieve the purposes of the and subsection (a), the termination date of a reg- regulation. (C) the consistency of the agency action ulation is as follows: (14) Whether the total effect of the regula- with actions of other agencies; and (1) EXISTING REGULATIONS.—For a regula- tion across agencies has been examined. (2) transmit to the head of the agency the tion in effect on the date of the enactment of (15) Whether the regulation is crafted to recommendations of the Administrator re- the Act, the termination date is the last day minimize needless litigation. garding the report. of the 7-year period beginning on the date of (16) Whether the regulation is necessary to (b) GUIDANCE.—The Administrator shall the enactment of this Act. protect the health and safety of the public. provide guidance to agencies on the conduct (2) NEW REGULATIONS.—For a regulation (17) Whether the regulation has resulted in of reviews and the preparation of reports that first takes effect after the date of the unintended consequences. under this Act. enactment of this Act, the termination date (18) Whether performance standards or is the last day of the 5-year period beginning other alternatives were utilized to provide SEC. 7. DESIGNATION OF AGENCY REGULATORY on the date the regulation takes effect. adequate flexibility to the regulated indus- REVIEW OFFICERS. (3) REGULATIONS CONTINUED IN EFFECT.—For tries. (a) IN GENERAL.—The head of each agency a regulation the effectiveness of which is ex- (c) REQUIREMENT TO SOLICIT COMMENTS shall designate an officer of the agency as tended under subsection (a), the termination FROM THE PUBLIC AND PRIVATE SECTOR.—In the Regulatory Review Officer of the agency. S 3612 CONGRESSIONAL RECORD — SENATE March 7, 1995 (b) FUNCTIONS.—The Regulatory Review Of- paperwork to our businesses and entre- must justify their existence through a re- ficer of an agency shall— preneurs. view process in order to keep them on the (1) be responsible for the implementation But the accountability act alone will books. Necessary regulations would continue of this Act by the agency; and not be enough because the sheer inertia while others would be modified and the un- (2) report directly to the head of the agen- necessary would disappear. cy with respect to that responsibility. of Government regulation continues to The Domenici-Abraham regulatory sunset push our businesses, and small busi- SEC. 8. JUDICIAL REVIEW. legislation is a concept NFIB members have nesses in particular, into bankruptcy. (a) LIMITATION OF ACTION.—Notwithstand- been supporting for years. Seventy-seven ing any other provision of law, an action We must cull the code books of regula- percent of our members voted overwhelm- seeking judicial review of an agency action tions that are redundant, obsolete, un- ingly to support reevaluating regulations on under this Act extending, terminating, modi- necessarily costly and just plain unnec- a frequent basis. We think the Domenici- fying, or consolidating a regulation shall not essary. Abraham approach is a balanced and fair ap- be brought after the 30-day period beginning This Regulatory Sunset and Review proach to weeding out what works with what on the date of the publication of a notice Act will go a long way toward fighting is unnecessary in the current regulatory sys- tem. under section 3(a)(4) for that action. the inertia of Government regulation (b) SCOPE OF REVIEW.—Agency compliance NFIB strongly supports your Regulatory by putting in place a mandatory review Sunset and Review legislation. We look for- or noncompliance with the provisions of this procedure for all regulations our bu- Act shall be subject to judicial review only ward to working with you to pass this legis- pursuant to section 706(1) of title 5, United reaucrats want to see continued. It lation. States Code. would place in each agency a review of- Sincerely, JOHN J. MORLEY III, SEC. 9. DEFINITIONS. ficer who would review all regulations, Vice President, For purposes of this Act: new and old, with the aid of Congress Federal Governmental Relations. (1) ADMINISTRATOR.—The term ‘‘Adminis- and the Office of Management and trator’’ means the Administrator of the Of- Budget. By Mr. GRASSLEY: fice. All existing regulations would termi- S. 512. A bill to amend title XVIII of (2) AGENCY.—The term ‘‘agency’’ has the nate within 7 years unless they pass a the Social Security Act to provide for meaning given that term in section 551(1) of rigorous review process. For new regu- a 5-year extension of the Medicare-de- title 5, United States Code. lations the initial sunset period would (3) APPROPRIATE COMMITTEE OF THE CON- pendent, small, rural hospital payment be 5 years. The goal would not be to GRESS.—The term ‘‘appropriate committee of provisions, and for other purposes; to eliminate all regulations, after all the Congress’’ means with respect to a regu- the Committee on Finance. lation each standing committee of the Con- some regulations are needed to enforce gress having authority under the rules of the statutes we have passed to protect MEDICARE DEPENDENT HOSPITALS PROGRAM House of Representatives or the Senate to Americans’ health and safety as well as EXTENSION ACT report a bill to enact or amend the provision their rights. But we do not need regula- Mr. GRASSLEY. Mr. President, I rise of law under which the regulation is issued. tions, and should not have them, unless to introduce a bill which would extend (4) OFFICE.—The term ‘‘Office’’ means the as required by this act they are shown the Medicare-dependent Hospital Pro- Office of Information and Regulatory Affairs gram. in the Office of Management and Budget. to be: necessary; more beneficial than costly; reasonable in their cost and This program expired in October 1994. (5) REGULATION.—The term ‘‘regulation’’ As its title implied, the hospitals it means the whole or a part of an agency other impact on consumers; clear and statement of general or particular applica- unambiguous; unlikely to cause unnec- helped were those which were very de- bility and future effect designed to imple- essary litigation; and reasonable in pendent on Medicare reimbursement. ment, interpret, or prescribe law or policy, their burden on local, State and Na- These were small—100 beds or less— other than such a statement to carry out a tional economies. rural, hospitals with not less than 60 routine administrative function of an agen- Only by subjecting our regulations to percent of total discharges or with 60 cy. rigorous, repeated review can we fi- percent of total inpatient days attrib- Mr. ABRAHAM. Mr. President, I nally bring the spread of over-regula- utable to Medicare beneficiaries. The strongly support the legislation spon- tion under control. Only by setting up program enabled the hospitals in ques- sored by my good friend from New Mex- a standardized review procedure can we tion to choose the most favorable of ico, Senator PETE DOMENICI. ensure that bureaucratic inertia and three reimbursement methods. Not long ago we passed legislation discretion no longer stifle our economy This program was extended, and that finally subjects Congress to most and our liberties. phased out down to October 1994, in the work place and other laws that affect I ask unanimous consent that a let- Omnibus Budget Reconciliation Act of the American people. I enthusiastically ter of endorsement for the Domenici- 1993. That act retained the choice of supported this legislation out of a Abraham regulatory sunset bill from the three original reimbursement sense of fundamental fairness: it the National Federation of Independent methods. But it reduced the reimburse- seemed to me that the body that legis- Business be entered into the RECORD: ment available from those original lates rules for the rest of society at the There being no objection, the mate- computation methods by 50 percent. very least ought to be obliged to follow rial was ordered to be printed in the My legislation would not extend the those rules itself. RECORD, as follows: program as it was originally enacted But I had another reason for support- by the Omnibus Budget Reconciliation NFIB, ing the accountability act. You see, it Washington, DC, March 6, 1995. Act of 1989. Rather, it would extend for seemed to me that when Members of Hon. SPENCE ABRAHAM, 5 years the provisions contained in the Congress actually had to confront and U.S. Senate, Washington, DC. Omnibus Budget Reconciliation Act of deal with some of the onerous regula- DEAR SENATOR ABRAHAM: On behalf of the 1993. My bill would also extend those tions they have been imposing on the more than 600,000 members of the National provisions retroactively. That is, as people of America they might decide Federation of Independent Business, I am though the program had not expired in that it was time to eliminate some of writing to support your legislation, the Reg- October 1994. the overregulation that is strangling ulatory Sunset and Review Act. As I noted above, the hospitals which Government regulations constitute an our economy. enormous burden for small businesses. Even benefited from this program are small, For too long Congress has acted as if beneficial regulations are so complex that rural, hospitals providing an essential regulation is cost free, even though at small business owners find it increasingly point of access to hospital or hospital- the U.S. Chamber of Commerce’s esti- difficult to comply. based services in rural areas and small mate, they cost our economy $510 bil- The Domenici-Abraham legislation will towns. lion a year—9 percent of our gross do- help curb the cost of federal regulations on Obviously, as those of my colleagues mestic product. For too long Congress small business by sunsetting them. Requir- who have followed, and participated in, has acted as if the burden of paperwork ing a periodic justification for existing and our debates about the health care future regulations is essential if small busi- these regulations impose is either light nesses are going to start-up, grow and ex- needs of rural areas know only too or nonexistent when, according to the pand while creating jobs all along the way. well, if we lose these hospitals, we will chamber of commerce, Federal regula- With regulatory sunsetting regulations also have a hard time keeping physi- tions alone require 6.8 billion hours of and the federal agencies responsible for them cians in those communities. March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3613 Mr. President, 44, or 36 percent, of cases and that the number of filings Law 103–192, was introduced toward the Iowa’s 122 community hospitals quali- since 1990 has increased 9 percent. With end of 1993, which simply extended the fied to participate in this program, and criminal cases being put on a fast existing authority for one year with re- 29, or 24 percent, chose to participate track, the time has come for Congress gard to the 20 pilot districts utilizing in 1994. I believe that this was the larg- to assist the Federal courts in process- court-annexed arbitration. est number of such hospitals of any ing civil cases for the benefit of the In early August last year, I, along State. American people. with my colleagues Senators BIDEN, The percentage of all inpatient days Our Federal court system is one of HATCH, GRASSLEY, and SPECTER, intro- attributable to Medicare patients is the best in the world, and our judges duced S. 2407, the Judicial Amend- 77.4 percent for these hospitals, and work long hours to hear cases which ments Act of 1994, to extend this au- Medicare discharges represent 65.5 per- come before them. I believe the ap- thority for an additional 3 years until cent of total discharges. proach that my legislation takes will the end of 1997. S. 2407 was introduced These Iowa hospitals will lose about bring the Federal courts into the 21st and passed by the Senate on August 19, $3 million dollars as a consequence of century ahead of schedule by express- and sent to the House of Representa- the expiration of this program, accord- ing Congress’ intent that if parties tives which also passed it at the close ing to estimates made by the Iowa Hos- want to voluntarily settle their civil of session. It was signed by the Presi- pital Association. The annual losses disputes by such methods as court an- dent on October 25, 1994, and became will vary from a low of $3,635 to a high nexed arbitration, meditation, early of $248,016. Fourteen of these hospitals neutral evaluation, minitrials, or sum- Public Law 103–420. will lose $100,000 or more. Fourteen of mary trials, then they should be al- Let me return now to the hearing these hospitals had negative operating lowed to do so. which the subcommittee held in Octo- margins in 1994. Those negative operat- I am introducing this legislation as a ber 1993 and which focused primarily on ing margins varied from minus $30,970 result of a hearing which the Judiciary arbitration which is one of the pro- to minus $1,065,105. It is highly likely Subcommittee on Courts and Adminis- grams of ADR as alternative dispute that the financial situation of these trative Practice held several months resolution is popularly called. Judge hospitals will be even worse in the ago. I was privileged to Chair this sub- Ann Claire Williams of the U.S. Dis- coming years. Two of the hospitals committee hearing which heard testi- trict Court for the Northern District of with positive operating margins will mony from a number of distinguished Illinois appeared on behalf of the U.S. probably begin to have negative mar- witnesses including Judge Anne Wil- Judicial Conference which is the pol- gins with the expiration of the pro- liams, on behalf of the U.S. Judicial icymaking body of the Federal judici- gram. Conference; Judge Bill Wilson, U.S. ary. The Judicial Conference has rec- The bottom line is that many of District Court (E.D. Arkansas); Judge ommended that Congress should au- these hospitals are going to have a William Schwarzer on behalf of the thorize all Federal district courts to very difficult time continuing to exist Federal Judicial Center; U.S. Mag- have the discretion to utilize voluntary when this program expires. istrate Judge Wayne Brazil (N.D. Cali- nonbinding court-annexed arbitration. Mr. President, I am also going to fornia); Judge Raymond Broderick Thus, the judicial Conference did not work toward extension of the each/rpch (E.D. Pennsylvania); Stuart Grossman, recommend the expansion of manda- program—the Essential Access Com- on behalf of the American Board of tory court-annexed arbitration for the munity Hospital and Rural Primary Trial Advocates; Jack Watson, on be- remainder of the Federal district Care Hospital Program. If this program half of the American Bar Association; courts. is extended to all the States, and if the and Dianne Nast, a practicing attorney The legislation which I am introduc- Medicare-Dependent Hospital Program in Philadelphia. ing today builds on the recommenda- is extended, the smaller hospitals in The focus of the hearing was to con- tion of the Judicial Conference by au- Iowa would be able to modify their sider H.R. 1102, introduced by Congress- thorizing each of the 94 Federal district man Bill Hughes of New Jersey, which missions in a deliberate and courts to adopt not only voluntary would have required, not merely au- nondisruptive way and continue to pro- court-annexed arbitration but also thorized, each of the 94 Federal district vide essential health care services in other ADR programs, including but not courts to adopt either a mandatory or their communities. limited to mediation, early neutral a voluntary court-annexed arbitration evaluation, minitrials, summary jury By Mr. HEFLIN: program which would operate under S. 513. A bill to amend chapter 23 of the existing authority of Chapter 44, or bench trials. title 28, United States Code, to author- Sections 651–658 of Title 28 of the Unit- My legislation also contains a provi- ize voluntary alternative dispute reso- ed States Code. H.R. 1102 would have sion that clearly states that ‘‘[a]n al- lution programs in Federal courts, and increased the maximum amount in ternative dispute resolution program for other purposes; to the Committee controversy for cases referred under shall not in any way infringe on a liti- on the Judiciary. the mandatory programs from $100,000 gant’s right to trial de novo and shall VOLUNTARY ALTERNATIVE DISPUTE RESOLUTION to $150,000. impose no penalty on participating ACT In 1988, Congress enacted legislation litigants.’’ Mr. HEFLIN. Mr. President, I am to authorize the continuation of 10 Over the last year, I have talked with today introducing legislation that pilot programs of mandatory court-an- many people from both the bar and the would authorize our Nation’s Federal nexed arbitration that were in oper- business community, and I believe that district courts to adopt and utilize vol- ation in the Federal courts, and this it is an undeniable fact that civil liti- untary alternative dispute resolution legislation also authorized 10 addi- gation in the Federal courts has be- programs. tional pilot programs that would be of come more complicated, time-consum- The time has come for Congress and a voluntary nature. ing, and expensive. Further, the Speedy the Federal courts to realize that there This authorization was to terminate Trial Act, requiring criminal cases to must be alternative ways of settling toward the end of 1993, and H.R. 1102 proceed on a fast track, has resulted in disputes other than the traditional would have made that authorization delays in civil cases being considered methods utilizing a Federal judge and permanent and would have required by the Federal courts. jury. With criminal cases crowding the each district court to adopt either a I want to make certain that the Con- dockets, many litigants in civil cases, mandatory or a voluntary program of gress clearly intends for our Federal especially small businesses, simply court-annexed arbitration. Because of courts to consider alternative means of cannot get their cases heard in a time- strong concerns raised at the hearing dispute resolution, so that litigants ly manner. regarding the mandatory nature of can have a speedy and less expensive Recent statistics from the Adminis- court-annexed arbitration, our sub- alternative to formal civil adjudica- trative Office of the United States committee was unwilling to imme- tion, consistent with the requirements Courts indicate that a majority of diately go forward with H.R. 1102. In- of the seventh amendment to the U.S. cases in the Federal courts are civil stead, S. 1732, which became Public Constitution. Where parties are willing S 3614 CONGRESSIONAL RECORD — SENATE March 7, 1995 to mutually participate in such alter- thousands of Americans have sent and Second, the Family Food Protection natives, I believe there are merits that will be sending to Washington. Neither Act gives the Secretary the enforce- justify our support for such programs. her parents nor I are glad that this is ment tools he needs—the bill allows I hope that this legislation will be the case. You see, Katie was a beau- the Secretary: to order a recall of con- carefully considered by my colleagues, tiful, happy, 2-year-old girl from my taminated food; to demand the identi- and I look forward to further discus- home State of New Jersey. Yet, she fication of the whole chain of compa- sion on its merits in the days ahead. died from eating a hamburger served at nies that may have handled a contami- a fast food restaurant. Unknown to nated food—‘‘traceback’’; to withdraw By Mr. AKAKA: anyone, her meal was contaminated Federal inspection, and the USDA seal S. 514. A bill for the relief of the with a deadly pathogen called E coli. of approval from plants that are re- heirs, successors, or assigns of Sadae Sadly, the meat that Katie ate had peated violators of regulations; to issue Tamabayashi; to the Committee on the been declared safe by inspectors from civil fines, which makes it more likely Judiciary. the U.S. Department of Agriculture. that the processors will follow through RELIEF FOR THE FAMILY OF SADAE Katie died from a disease that should with their improved operating proce- TAMABAYASHI have been detected through our Fed- dures. Mr. AKAKA. Mr. President, I rise to Third, the Family Food Protection introduce a bill for the relief of the eral meat inspection system. Katie is no longer alive because that system Act helps protect the conscientious family of Sadae Tamabayashi. worker—the new USDA regulations de- In 1941, Mrs. Tamabayashi was the failed her and her family, and has failed thousands of others across the pend on changes in the daily operations owner of Paradise Clothes Cleaning of thousands of plants to protect the Shop in Honolulu, HI. On the fateful country. The legislation I am introduc- ing today, the Family Food Protection public. In order to provide the most morning of December 7, she and her protection to the public, we need the family lost everything that they Act, is designed to ensure a Federal system that protects the public and cooperation of workers as well as man- owned. The attack on Pearl Harbor not agers. This bill provides explicit whis- only had national repercussions, it af- not just meat processors and slaughter- houses. tleblower protection to food processing fected the lives of many individuals as employees who step forward with pub- well, especially those who lived in Ha- Diseases cause by foodborne illness often strike those most vulnerable in lic health concerns. waii at the time. For Sadae Fourth, the Family Food Protection Tamabayashi and her family, the our society: our children. Last sum- mer, health officials in New Jersey bat- Act keeps the public involved and in- bombing was devastating to their live- formed—this bill would: provide for lihood. tled another outbreak of the disease that killed Katie O’Connell. One family public access to food safety inspection On the morning of December 7, Para- records; create a public advisory board dise Clothes Cleaning Shop was de- the McCormick’s of Newton, NJ, had two of their children—ages 2 and 3— of food safety. stroyed by fire which started as a re- Last Congress, Congressman sult of the attack on Pearl Harbor and hospitalized. Their lives were in danger TORRICELLI and I introduced the Katie the subsequent retaliatory shots by because they too ate meat that had been declared safe by Federal inspec- O’Connell Safe Food Act. Like most U.S. Armed Forces. The entire building legislation, that bill didn’t make it and its contents, which included the tors in the Department of Agriculture. These cases in New Jersey are far into law. But that fact does not mean Tamabayashi’s family quarters, were that we haven’t changed policy as a re- destroyed. from isolated: The Centers for Disease Control estimates that over 9,000 peo- sult. This bill exposed the inadequacies The Tamabayashi family attempted of the status quo and shook up the bu- ple die, and another 6.5 million become to seek compensation through the War reaucrats at USDA. sick, from foodborne illness every year. Damage Corporation Claims Service I’m pleased that the USDA is trying That the current system represents a Office in 1942. Their efforts were to no to respond to the challenge of food false promise to the public is not news. avail. Their claim for reparations was safety. But the USDA has much more Many studies, including work by the denied by the corporation because Mrs. to do before the public can really be- GAO and the National Academy of Tamabayashi was a Japanese national. lieve their program means a guarantee Science, make this point. However, Mrs. Tamabayashi was pro- of healthy food. This new bill is the About 1 month ago, the USDA pro- hibited from becoming a citizen under blueprint for the work yet to be done. posed a series of new regulations for the Immigration Act of 1924, which ex- The Family Food Protection Act is food inspection. These rules would re- cluded persons of Japanese descent. It supported by a wide range of consumer quire a daily testing for salmonella at was not until 1952, 7 years after the end and food safety advocacy groups. I urge meat/poultry processing plants. Addi- of World War II, that the 1924 Immigra- my colleagues in the Senate to con- tionally, each of the Nation’s 6,000 tion Act was repealed, and Asians were sider this legislation carefully and sup- slaughterhouses and processing plants finally given equal citizenship status in port its enactment. would have to develop operating plans this country. I ask unanimous consent that a copy designed to minimize the possible The family of Sadae Tamabayashi of a bill summary and the legislation sources of contamination. seeks fair treatment of their mother’s be printed following these remarks. This proposal represents a significant losses. I hope that my colleagues will There being no objection, the mate- improvement over the current sys- support this effort to bring to a close rials was ordered to be printed in the this sad chapter in the lives of the tem—which has remained remarkably RECORD, as follows: Tamabayashi family. unchanged for 90 years. However, the proposal leaves some significant holes. S. 515 By Mr. BRADLEY: The Family Food Protection Act fills Be it enacted by the Senate and House of Rep- S. 515. A bill to amend the Federal the holes: resentatives of the United States of America in Meat Inspection Act and the Poultry First, the Family Food Protection Congress assembled, Products Inspection Act to provide for Act is comprehensive—we need to rec- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. improved public health and food safety ognize the scope of the problem. It’s (a) SHORT TITLE.—This Act may be cited as through the reduction of harmful sub- the ‘‘Family Food Protection Act of 1995’’. not just salmonella. We need USDA to (b) TABLE OF CONTENTS.—The table of con- stances in meat and poultry that consider the whole range of human tents of this Act is as follows: present a threat to public health, and pathogens—bacteria—and other harm- Sec. 1. Short title; table of contents. for other purposes; to the Committee ful substances—for example animal Sec. 2. Findings. on Agriculture, Nutrition, and For- drugs, pollutants—that can threaten TITLE I—MEAT INSPECTION estry. health. My bill calls on the Secretary Sec. 101. References to the Federal Meat In- FAMILY FOOD PROTECTION ACT to enact standards and regulations de- spection Act. Mr. BRADLEY. Mr. President, let me signed to control and reduce any of Sec. 102. Definitions. tell you about Katie O’Connell. Katie’s these dangerous substances that is Sec. 103. Inspection of meat and meat food picture ended up on postcards that likely to cause foodborne illness. products. March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3615 Sec. 104. Post mortem examination of car- limit the presence of disease-causing bac- SEC. 104. FEDERAL AND STATE COOPERATION. casses and marking or labeling. teria on meat, meat food products, poultry, Section 301(c) (21 U.S.C. 661(c)) is amend- Sec. 105. Storage and handling regulations. and poultry products, and the efficacy of the ed— Sec. 106. Federal and State cooperation. new system must be demonstrated by pilot (1) in paragraph (1)— Sec. 107. Auxiliary provisions. projects; (A) in the first sentence— Sec. 108. Reducing adulteration of meat and (11)(A) consumer confidence is further un- (i) by inserting after ‘‘the Wholesome Meat meat food products. dermined by the ‘‘USDA Inspected and Act,’’ the following: ‘‘or by 30 days prior to TITLE II—POULTRY INSPECTION Passed’’ seal that appears on every package the expiration of the 2-year period beginning Sec. 201. References to the Poultry Products of meat or a meat food product and the on the date of enactment of the Family Food Inspection Act. ‘‘USDA Inspected for Wholesomeness’’ seal Protection Act of 1995,’’; and Sec. 202. Definitions. that appears on every package of poultry and (ii) by striking ‘‘title I and IV’’ and insert- Sec. 203. Federal and State cooperation. poultry products, a seal that misleads con- ing ‘‘titles I, IV, and V’’; Sec. 204. Ante mortem and post mortem in- sumers into believing the products are safe (B) by striking ‘‘titles I and IV’’ each place spection, reinspection, and when the products often are contaminated it appears and inserting ‘‘titles I, IV, and V’’; quarantine. with disease-causing bacteria; and and Sec. 205. Exemptions. (B) the Federal Government should not (C) by striking ‘‘title I and title IV’’ each Sec. 206. Reducing adulteration of poultry affix a seal that misleads consumers and place it appears and inserting ‘‘titles I, IV, and poultry products. may increase the incidence of foodborne ill- and V’’; and ness and death; and SEC. 2. FINDINGS. (2) in paragraph (3), by striking ‘‘titles I (12)(A) all articles and other animals that Congress finds that— and IV’’ each place it appears and inserting are subject to the Federal Meat Inspection (1) bacterial foodborne illness exacts a ter- ‘‘titles I, IV, and V’’. rible toll on United States citizens, taking Act (21 U.S.C. 601 et seq.) and the Poultry approximately 9,000 lives each year and caus- Products Inspection Act (21 U.S.C. 451 et SEC. 105. AUXILIARY PROVISIONS. ing between 6,500,000 and 80,000,000 illnesses; seq.) are in interstate or foreign commerce Sections 402 and 403 (21 U.S.C. 672 and 673) (2) meat and meat food products, and poul- or substantially affect commerce; and are amended by striking ‘‘title I or II’’ each try and poultry products, contaminated with (B) regulation by the Secretary of Agri- place it appears and inserting ‘‘title I, II, or pathogenic bacteria are a leading cause of culture and cooperation by the States, con- V’’. foodborne illness; sistent with this Act and the amendments (3) foodborne illness related to meat and made by this Act, are necessary to prevent SEC. 106. REDUCING ADULTERATION OF MEAT AND MEAT FOOD PRODUCTS. poultry cost Americans between $2,000,000,000 or eliminate burdens on commerce and to and $4,000,000,000 each year in medical ex- protect the health and welfare of consumers The Act (21 U.S.C. 601 et seq.) is amended penses and lost wages; of the United States. by adding at the end the following: (4) the number of illnesses and deaths asso- TITLE I—MEAT INSPECTION ‘‘TITLE V—REDUCING ADULTERATION OF ciated with adulterated meat and poultry SEC. 101. REFERENCES TO THE FEDERAL MEAT MEAT AND MEAT FOOD PRODUCTS undermines public confidence in the food INSPECTION ACT. supply of the United States and tends to de- Whenever in this title an amendment or re- ‘‘SEC. 501. REDUCING ADULTERATION OF MEAT stroy both domestic and foreign markets for peal is expressed in terms of an amendment AND MEAT FOOD PRODUCTS. wholesome meat and poultry; to, or repeal of, a section or other provision, ‘‘(a) IN GENERAL.—On the basis of the best (5) the meat and poultry inspection system the reference shall be considered to be made available scientific and technological data, costs United States taxpayers approximately to a section or other provision of the Federal the Secretary shall issue regulations to— $600,000,000 per year but does not provide ade- Meat Inspection Act (21 U.S.C. 601 et seq.), ‘‘(1) limit the presence of human pathogens quate protection against foodborne illness except to the extent otherwise specifically and other potentially harmful substances in because the system does not test for and provided. cattle, sheep, swine, or goats, or horses, limit the presence of disease-causing bac- SEC. 102. DEFINITIONS. mules, or other equines at the time the ani- teria; (a) ADULTERATED.—Section 1(m)(1) (21 mals are presented for slaughter; (6) the Federal Government must— U.S.C. 601(m)(1)) is amended to read as fol- ‘‘(2) ensure that appropriate measures are (A) set levels of disease-causing bacteria lows: taken to control and reduce the presence and above which meat and meat food products ‘‘(1) if it bears or contains a poisonous or growth of human pathogens and other poten- and poultry and poultry products are deter- deleterious substance that may render it in- tially harmful substances on carcasses and mined to be unsafe for human consumption jurious to health, except that, in the case of parts of carcasses and on meat or meat food and adulterated; and a substance that is not an added substance, products derived from the animals prepared (B) remove the products from commerce the article shall be considered adulterated in any official establishment; unless and until the products are made safe; under this subsection if there is a reasonable ‘‘(3) ensure that all ready-to-eat meat or (7) beginning with the National Academy probability that the quantity of the sub- meat food products prepared in any official of Sciences report entitled ‘‘Meat and Poul- stance in the article will cause adverse establishment preparing the meat or food try: The Scientific Basis for the Nation’s health consequences;’’. product for distribution in commerce are Program’’, the United States Department of (b) ADDED SUBSTANCE; OFFICIAL ESTABLISH- processed in such a manner as to destroy any Agriculture has been urged to shift from MENT.—Section 1 is amended by adding at human pathogens and other potentially organoleptic inspection to inspection based the end the following: harmful substances that are likely to cause on the detection and limitation of disease- ‘‘(w) The term ‘added substance’— foodborne illness; and causing bacteria; ‘‘(1) means a substance that is not an in- ‘‘(4) ensure that meat and meat food prod- (8) to sustain the confidence of the people herent constituent of a food and whose in- ucts, other than meat and meat food prod- of the United States and justify the expendi- tended use results, or may reasonably be ex- ucts referred to in paragraph (3), prepared at ture of tax dollars, the inspection system pected to result, directly or indirectly, in the any official establishment preparing meat or must— substance becoming a component of, or oth- a meat food product for distribution in com- (A) be based on sound application of mod- erwise affecting the characteristics of, the merce are labeled with instructions for han- ern science; food; and dling and preparation for consumption that, (B) effectively protect human health; ‘‘(2) includes— when adhered to, will destroy any human (C) be open to public scrutiny; ‘‘(A) a substance that is intentionally pathogens or other potentially harmful sub- (D) create incentives for high standards; added to any food; or stances that are likely to cause foodborne (E) provide for fines for failure to meet ‘‘(B) a substance that is the result of mi- illness. standards; and crobial, viral, environmental, agricultural, ‘‘(b) NONCOMPLIANCE.— (F) assess severe penalties for intentional industrial, or other contamination. ‘‘(1) IN GENERAL.—Except as provided in violation of the law; ‘‘(x) The term ‘official establishment’ paragraph (2), a carcass or part of a carcass, (9) a modern system of meat and poultry means an establishment at which inspection or meat or a meat food product, prepared at inspection should extend from farm to table of the slaughter of cattle, sheep, swine, any official establishment preparing the ar- and require livestock and poultry producers, goats, mules, and other equines, or the proc- ticle for distribution in commerce, that is handlers, processors, distributors, transport- essing of meat and meat food products of the found not to be in compliance with the regu- ers, and retailers to assume responsibility animals, is maintained in accordance with lations issued under paragraph (2), (3), or (4) for handling livestock, meat, meat food this Act.’’. of subsection (a) shall be— products, poultry, and poultry products in SEC. 103. STORAGE AND HANDLING REGULA- ‘‘(A) considered adulterated and deter- such a way as to limit contamination to a TIONS. mined to be condemned; and level that will not endanger human health; The last sentence of section 24 (21 U.S.C. ‘‘(B) if no appeal is made to the determina- (10) to effectively protect human health, 624) is amended by inserting before the pe- tion of condemnation, destroyed for human there must be an orderly transition from the riod at the end the following: ‘‘, except that food purposes under the supervision of a duly system of inspection in effect on the date of regulations issued under section 503 shall authorized representative of the Secretary. enactment of this Act to a new system based apply to a retail store or other type of retail ‘‘(2) REPROCESSING OR LABELING.—A carcass on preventive controls that are designed to establishment’’. or part of a carcass, or meat or a meat food S 3616 CONGRESSIONAL RECORD — SENATE March 7, 1995 product that is not in compliance with para- chemical residues, and animal diseases that and control human pathogens and other po- graph (2), (3), or (4) of subsection (a), but have an adverse impact on human health; tentially harmful substances present on or in that may by reprocessing or labeling, or ‘‘(C) conducting baseline studies on the carcasses and parts of carcasses and in meat both, be made not adulterated, need not be prevalence of human pathogens or other po- and meat food products. The ongoing review condemned and destroyed if after reprocess- tentially harmful substances in processing shall include, as necessary, epidemiologic ing or labeling, or both, as applicable and as facilities; and and other scientific studies to ascertain the determined by the Secretary, under the su- ‘‘(D) conducting risk assessments to deter- efficiency and efficacy of the regulations, pervision of a duly authorized representative mine the human pathogens and other poten- processes, procedures, and methods. of the Secretary, the carcass, part of a car- tially harmful substances that pose the ‘‘(2) CONSULTATION.—In carrying out para- cass, meat, or meat food product is subse- greatest risk to human health. graphs (1) and (3) of subsection (c), sub- quently inspected and found to be not adul- ‘‘(2) REGULATORY LIMITS FOR HUMAN PATHO- section (d), subsection (e)(1), and paragraph terated. GENS AND OTHER HARMFUL SUBSTANCES.— (1), the Secretary shall consult with the As- ‘‘(3) APPEALS.— ‘‘(A) IN GENERAL.—Not later than 1 year sistant Secretary for Health, the Director of ‘‘(A) ACTION PENDING APPEAL.—If an appeal after the date of enactment of this title, the the Centers for Disease Control and Preven- is made to a determination of condemnation, Secretary of Health and Human Services tion, the Commissioner of Food and Drugs, the carcass, part of a carcass, meat, or meat shall establish regulatory limits, to the max- and the heads of such other Federal and food product shall be appropriately marked, imum extent scientifically supportable, for State public health agencies as the Sec- segregated, and held by the official estab- human pathogens and other potentially retary considers appropriate. harmful substances, including heavy metals, lishment pending completion of an appeal in- that, when found as a component of meat or ‘‘SEC. 502. HAZARD CONTROLS. spection. meat food products prepared in official es- ‘‘(a) REGULATIONS.— ‘‘(B) CONDEMNATION SUSTAINED.—If the de- tablishments, may present a threat to public ‘‘(1) ISSUANCE.—Not later than 1 year after termination of condemnation is sustained, health. the date of enactment of this title, the Sec- the carcass, part of a carcass, meat, or meat ‘‘(B) RISK TO HUMAN HEALTH.—In establish- retary shall issue regulations that require an food product if not so reprocessed or labeled, ing the regulatory limits, the Secretary of official establishment to— or both, under paragraph (2) so as to be made Health and Human Services shall consider ‘‘(A) adopt processing controls that are not adulterated, shall be destroyed for the risk to human health, including the risk adequate to protect public health; and human food purposes under the supervision to children, the elderly, individuals whose ‘‘(B) limit the presence and growth of of a duly authorized representative of the immune systems are compromised, and other human pathogens and other potentially Secretary. population subgroups, posed by consumption harmful substances in carcasses and parts of ‘‘(c) HUMAN PATHOGENS AND OTHER HARM- of the meat or meat food products contain- carcasses and on meat and meat food prod- FUL SUBSTANCES.—Not later than 1 year after ing the human pathogen or other potentially ucts derived from animals prepared in the es- the date of enactment of this title, the Sec- harmful substance. tablishment. retary shall issue regulations that— ‘‘(C) FUNDING.—The Secretary of Agri- ‘‘(2) CONTENT.—The regulations shall— ‘‘(1) require meat and meat food products culture shall annually transfer to the Sec- ‘‘(A) set standards for sanitation; in an official establishment to be tested, in retary of Health and Human Services an ‘‘(B) set interim limits for biological, such manner and with such frequency as the amount, to be determined by the Secretaries, chemical, and physical hazards, as appro- Secretary considers necessary, to identify to defray the cost of establishing the regu- priate; human pathogens, or markers for the patho- latory limits. ‘‘(C) require processing controls to ensure gens, and other potentially harmful sub- ‘‘(e) SURVEILLANCE AND SAMPLING SYS- that relevant regulatory standards are met; stances in the meat and meat food products; TEMS.— ‘‘(D) require recordkeeping to monitor ‘‘(2) require that the results of any test ‘‘(1) SURVEILLANCE SYSTEM.—In conjunc- compliance; conducted in accordance with paragraph (1) tion with the Director of the Centers for Dis- ‘‘(E) require sampling to ensure that proc- be reported to the Secretary, in such manner ease Control and Prevention and the Com- essing controls are effective and that regu- and with such frequency as the Secretary missioner of Food and Drugs, the Secretary latory standards are being met; and considers necessary; shall develop and administer an active sur- ‘‘(F) provide for agency access to records ‘‘(3)(A) establish interim limits for human veillance system for foodborne illness, that kept by official establishments and submis- pathogens and other potentially harmful is based on a representative sample of the sion of copies of the records to the Secretary substances that, when found on meat or population of the United States, to assess as the Secretary considers appropriate. meat food products, may present a threat to more accurately the frequency and sources ‘‘(3) PUBLIC ACCESS.—Public access to public health; and of human disease in the United States asso- records that relate to the adequacy of meas- ‘‘(B) in carrying out subparagraph (A)— ciated with the consumption of food prod- ures taken by an official establishment to ‘‘(i) establish interim limits that are below ucts. protect the public health, and to limit the the industry mean as determined by the Sec- ‘‘(2) SAMPLING SYSTEM.— presence and growth of human pathogens retary for the pathogen or other potentially ‘‘(A) IN GENERAL.—Not later than 2 years and other potentially harmful substances, harmful substance established through na- after the date of enactment of this title, the shall be subject to section 552 of title 5, Unit- tional baseline studies; and Secretary shall establish a sampling system, ed States Code. ‘‘(ii) reestablish the interim limits every using data collected under subsection (c)(2) ‘‘(4) PROCESSING CONTROLS.—The Secretary two years after the initial interim limits and other sources, to analyze the nature, fre- may, as the Secretary considers necessary, until the regulatory limits referred to in quency of occurrence, and quantities of require any person with responsibility for, or subsection (d)(2), tolerances, or other stand- human pathogens and other potentially control over, any animals or meat or meat ards are established under this Act or other harmful substances in meat and meat food food products intended for human consump- applicable law; and products. tion to adopt processing controls, if the proc- ‘‘(4) prohibit or restrict the sale, transpor- ‘‘(B) INFORMATION.—The sampling system essing controls are needed to ensure the pro- tation, offer for sale or transportation, or re- shall provide— tection of public health. ceipt for transportation of any meat or meat ‘‘(i) statistically valid monitoring, includ- ‘‘(b) ADVISORY BOARD.— food products that— ing market basket studies, on the nature, ‘‘(1) IN GENERAL.—On the issuance of regu- ‘‘(A) are capable of use as human food; and frequency of occurrence, and quantity of lations under subsection (a), the Secretary ‘‘(B) exceed the regulatory limits, interim human pathogens and other potentially shall convene an advisory board on meat and limits, tolerances, or other standards estab- harmful substances in meat and meat food poultry safety to— lished under this Act or other applicable law products available to consumers; and ‘‘(A) recommend improvements to the for human pathogens or other potentially ‘‘(ii) such other information as the Sec- meat and poultry inspection programs; harmful substances. retary determines may be useful in assessing ‘‘(B) evaluate alternatives to the programs; ‘‘(d) RESEARCH AND REGULATORY LIMITS.— the occurrence of human pathogens and and ‘‘(1) RESEARCH ON FOOD SAFETY.—The Sec- other potentially harmful substances in ‘‘(C) provide other relevant advice to the retary, acting through the Under Secretary meat and meat food products. Secretary. of Agriculture for Food Safety, shall conduct ‘‘(C) NONCOMPLIANCE.—If a sample is found ‘‘(2) COMPOSITION.—The advisory board or support appropriate research on food safe- to exceed regulatory limits, interim limits, shall include representatives of consumers, ty, including— tolerances, or standards established under processors, producers, retail outlets, inspec- ‘‘(A) developing and reevaluating appro- this Act or other applicable law, the Sec- tors, plant workers, public health officials, priate limits for human pathogens or other retary shall take action to prevent violative and victims of foodborne illness. potentially harmful substances that when products from entering commerce or to re- ‘‘(3) DUTIES.—The advisory board shall— found on meat and meat food products pre- move the violative products from the mar- ‘‘(A) evaluate— pared in official establishments may present ket. ‘‘(i) the meat and poultry inspection pro- a threat to public health; ‘‘(f) REVIEW AND CONSULTATION.— grams; and ‘‘(B) developing efficient, rapid, and sen- ‘‘(1) REVIEW.—The Secretary shall review, ‘‘(ii) the significance of the programs in sitive methods for determining and detecting at least 2 years, all regulations, processes, ensuring the proper operation of mandatory the presence of microbial contamination, procedures, and methods designed to limit processing controls; and March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3617 ‘‘(B) make recommendations to the Sec- compliance with the guidelines, the Sec- presented for slaughter or in any carcasses, retary described in paragraph (4). retary shall issue a report and make a deter- parts of carcasses, meat, or meat food prod- ‘‘(4) REPORT.—The Secretary shall report mination in accordance with subparagraph ucts prepared in an official establishment to Congress on the recommendations of the (A) not less than every 2 years. and the Secretary finds that there is a rea- advisory board for improving the meat and ‘‘(C) NO SUBSTANTIAL COMPLIANCE.—If the sonable probability that human consumption poultry inspection programs, including— Secretary determines that there is not sub- of any meat or meat food product containing ‘‘(A) the timing and criteria for any stantial compliance with the guidelines, the the human pathogen or other potentially changes in the programs; Secretary shall (at the time the determina- harmful substance presents a threat to pub- ‘‘(B) alternative approaches for addressing tion is made) issue proposed regulations re- lic health, the Secretary may take such ac- safety and quality issues; and quiring that retail establishments comply tion as the Secretary considers necessary to ‘‘(C) the minimum time needed to ensure with the guidelines. The Secretary shall determine the source of the human pathogen that processing controls effectively reduce issue final regulations imposing the require- or other potentially harmful substance. foodborne illness prior to any change in the ment not later than 180 days after issuance ‘‘(2) ACTION.—If the Secretary identifies programs. of any proposed regulations. Any final regu- the source of any human pathogen or other ‘‘(5) PROCEDURE.—The advisory board shall lations shall become effective 180 days after potentially harmful substance referred to in be subject to the Federal Advisory Commit- the date of the issuance of the final regula- paragraph (1), the Secretary may prohibit or tee Act (5 U.S.C. App.). tions. restrict the movement of any animals, car- ‘‘(c) LABELING.—Notwithstanding any ‘‘(c) ENFORCEMENT.—A State may bring, in casses, parts of carcasses, meat, meat food other provision of this Act, if the Secretary the name of the State and within the juris- products, or any other article from any discontinues carcass-by-carcass inspection of diction of the State, a proceeding for the source of the human pathogen or other po- meat, the ‘USDA Inspected and Passed’ seal, civil enforcement, or to restrain a violation, tentially harmful substance until the Sec- or a similar seal, shall not be affixed to any of final regulations issued pursuant to sub- retary determines that the human pathogen carcasses and parts of carcasses and to meat section (b)(3)(C) if the food that is the sub- or other potentially harmful substance at and meat food products derived from the ani- ject of the proceeding is located in the State. the source no longer presents a threat to mals prepared in any official establishment. ‘‘SEC. 504. LIVESTOCK TRACEBACK. public health. ‘‘SEC. 503. VOLUNTARY GUIDELINES FOR RETAIL ‘‘(a) IN GENERAL.— ‘‘(f) PRODUCERS AND HANDLERS.— ESTABLISHMENTS. ‘‘(1) IDENTIFICATION.—For the purpose of ‘‘(1) USE OF METHODS.—The Secretary shall ‘‘(a) STANDARDS.— understanding the nature of foodborne ill- use any means of identification and record- ‘‘(1) IN GENERAL.—In consultation with rep- ness and minimizing the risks of foodborne keeping methods utilized by producers or resentatives of States, the Conference for illness from carcasses and parts of carcasses Food Protection, the Association of Food and meat and meat food products distributed handlers of cattle, sheep, swine, or goats, or and Drug Officials, and Federal agencies, the in commerce, the Secretary shall, as the horses, mules, or other equines whenever the Secretary shall establish minimum stand- Secretary considers necessary, prescribe by Secretary determines that the means of ards for the handling, processing, and stor- regulation that cattle, sheep, swine, and identification and recordkeeping methods age of meat and meat food products at retail goats, and horses, mules, and other equines will enable the Secretary to carry out this stores, restaurants, and similar types of re- presented for slaughter for human food pur- section. tail establishments (collectively referred to poses be identified in a manner prescribed by ‘‘(2) COOPERATION.—The Secretary may co- in this section as ‘retail establishments’). the Secretary to enable the Secretary to operate with producers or handlers of cattle, ‘‘(2) CONTENT.—The standards shall— trace each animal to any premises at which sheep, swine, or goats, or horses, mules, or ‘‘(A) be designed to ensure that meat and the animal has been held for such period other equines, in which any human pathogen meat food products sold by retail establish- prior to slaughter as the Secretary considers or other potentially harmful substance de- ments are safe for human consumption; necessary to carry out this Act. scribed in subsection (e)(1) is found, to de- ‘‘(B) be based on the principles of preven- ‘‘(2) PROHIBITION OR RESTRICTION ON velop and carry out methods to limit or tive controls; and ENTRY.—The Secretary may prohibit or re- eliminate the human pathogen or other po- ‘‘(C) include— strict entry into any slaughtering establish- tentially harmful substance at the source. ‘‘(i) safe food product processing and han- ment inspected under this Act of any cattle, ‘‘SEC. 505. NOTIFICATION AND RECALL OF NON- dling practices for retail establishments, in- sheep, swine, or goats, or horses, mules, or CONFORMING ARTICLES. cluding time and temperature controls on other equines not identified as prescribed by ‘‘(a) NOTIFICATION.—Any person preparing meat and meat food products sold by the es- the Secretary. carcasses or parts of carcasses, meat, or tablishments; ‘‘(b) RECORDS.— meat food products for distribution in com- ‘‘(ii) equipment handling practices, includ- ‘‘(1) IN GENERAL.—The Secretary may re- merce who obtains knowledge that provides ing standards for the cleaning and sanitiza- quire that a person required to identify live- a reasonable basis for believing that any car- tion of food equipment and utensils; stock pursuant to subsection (a) maintain casses or parts of carcasses or any meat or ‘‘(iii) minimum personnel hygiene require- accurate records, as prescribed by the Sec- meat food products— ments; and retary, regarding the purchase, sale, and ‘‘(1) are unsafe for human consumption, ‘‘(iv) requirements for the use of tempera- identification of the livestock. adulterated, or not produced in accordance ture warning devices on raw meat and meat ‘‘(2) ACCESS.—A person subject to para- with section 501(a); or food products to alert consumers to inad- graph (1) shall, at all reasonable times, on ‘‘(2) are misbranded; equate temperature controls. notice by a duly authorized representative of ‘‘(b) GUIDELINES.— the Secretary, afford the representative ac- shall immediately notify the Secretary, in ‘‘(1) ISSUANCE.—Not later than 18 months cess to the place of business of the person such manner and by such means as the Sec- after the date of enactment of this title, the and an opportunity to examine the records of retary may by regulation prescribe, of the Secretary, after notice and opportunity for the person and copy the records. identity and location of the articles. comment, shall issue guidelines for retail es- ‘‘(3) DURATION.—Any record required to be ‘‘(b) RECALL.— tablishments that offer meat and meat food maintained under this subsection shall be ‘‘(1) IN GENERAL.—If the Secretary finds, on products that include the standards estab- maintained for such period of time as the notification or otherwise, that any carcasses lished under subsection (a). Secretary prescribes. or parts of carcasses or any meat or meat ‘‘(2) COMPLIANCE.—Not later than 18 ‘‘(c) FALSE INFORMATION.—No person shall food products— months after the date of enactment of this falsify or misrepresent to the Secretary or ‘‘(A) are unsafe for human consumption, title, the Secretary shall issue a final regula- any other person any information concern- adulterated, or not produced in accordance tion defining the circumstances that con- ing the premises at which any cattle, sheep, with section 501(a); or stitute substantial compliance by retail es- swine, or goats, or horses, mules, or other ‘‘(B) are misbranded; tablishments with the guidelines issued equines, or carcasses thereof, were held. the Secretary shall by order require any per- under paragraph (1). The regulation shall ‘‘(d) MAINTENANCE OF RECORDS.—No person son engaged in the processing, handling, provide that there is not substantial compli- shall, without authorization from the Sec- transportation, storage, importation, dis- ance if a significant number of retail estab- retary, alter, detach, or destroy any records tribution, or sale of the articles to imme- lishments have failed to comply with the or other means of identification prescribed diately cease any distribution of the articles, guidelines. by the Secretary for use in determining the and to recall the articles from commercial ‘‘(3) REPORT.— premises at which were held any cattle, distribution and use, if the Secretary deter- ‘‘(A) IN GENERAL.—Not later than 3 years sheep, swine, or goats, or horses, mules, or mines that there is a reasonable probability after the date of enactment of this title, the other equines, or the carcasses thereof. that the product is unsafe for human con- Secretary shall issue a report to Congress on ‘‘(e) HUMAN PATHOGENS OR OTHER HARMFUL sumption, adulterated, or misbranded, unless actions taken by retail establishments to SUBSTANCES.— the person is engaged in a voluntary recall of comply with the guidelines. The report shall ‘‘(1) IDENTIFICATION OF SOURCE.—If the Sec- the articles that the Secretary considers include a determination of whether there is retary finds any human pathogen or any adequate. substantial compliance with the guidelines. other potentially harmful substance in any ‘‘(2) ORDER.—The order shall— ‘‘(B) SUBSTANTIAL COMPLIANCE.—If the Sec- cattle, sheep, swine, or goats, or horses, ‘‘(A) include a timetable during which the retary determines that there is substantial mules, or other equines at the time they are recall shall occur; S 3618 CONGRESSIONAL RECORD — SENATE March 7, 1995

‘‘(B) require periodic reports by the person ‘‘(d) ADDITIONAL AUTHORITY.—This section or discriminate against any employee or to the Secretary describing the progress of shall be in addition to, and not derogate other person because the person— the recall; and from, any provision of this Act for refusal, ‘‘(1) is assisting or demonstrating an intent ‘‘(C) require notice to consumers to whom withdrawal, or suspension of inspections to assist in achieving compliance with any the articles were, or may have been, distrib- under title I. Federal or State law (including a rule or reg- uted as to how the consumers should treat ‘‘SEC. 507. CIVIL PENALTIES. ulation); the article. ‘‘(a) IN GENERAL.— ‘‘(2) is refusing to violate or assist in the ‘‘(c) INFORMAL HEARING.— ‘‘(1) ASSESSMENT.—A person who violates violation of any Federal or State law (in- ‘‘(1) IN GENERAL.—The order shall provide this title, a regulation issued under this cluding a rule or regulation); or any person subject to the order with an op- title, or an order issued under subsection (b) ‘‘(3) has commenced, caused to be com- portunity for an informal hearing, to be held or (d) of section 505 may be assessed a civil menced, or is about to commence a proceed- not later than 5 days after the date of issu- penalty by the Secretary of not more than ing, has testified or is about to testify at a ance of the order, on the actions required by $100,000 for each day of violation. proceeding, or has assisted or participated or the order. ‘‘(2) SEPARATE VIOLATION.—Each offense de- is about to assist or participate in any man- ‘‘(2) VACATION OF ORDER.—If, after provid- scribed in paragraph (1) shall be considered ner in such a proceeding or in any other ac- ing an opportunity for the hearing, the Sec- to be a separate violation. tion to carry out the functions or respon- retary determines that inadequate grounds ‘‘(3) NOTICE AND OPPORTUNITY FOR HEAR- sibilities of any agency, office, or unit of the exist to support the actions required by the ING.—No penalty may be assessed against a Department of Agriculture. order, the Secretary shall vacate the order. person under this section unless the person ‘‘(b) PROCEDURES AND PENALTIES.—The pro- ‘‘(d) JUDICIAL RECALL.—A district court of is given notice and an opportunity for a cedures and penalties applicable to prohib- the United States may order any person en- hearing on the record before the Secretary in ited acts under subsection (a) shall be gov- gaged in the processing, handling, transpor- accordance with sections 554 and 556 of title erned by the applicable provisions of section tation, storage, importation, distribution, or 5, United States Code. 31105 of title 49, United States Code. sale of any carcass, part of a carcass, meat, ‘‘(4) AMOUNT.—The amount of the civil pen- ‘‘(c) BURDENS OF PROOF.—The legal burdens or meat food product to recall the carcass, alty shall be assessed by the Secretary by of proof with respect to prohibited acts part of a carcass, meat, or meat food product written order, taking into account the grav- under subsection (a) shall be governed by the if the court finds that there is a reasonable ity of the violation, the degree of culpabil- applicable provisions of sections 1214 and 1221 probability that the carcass, part of a car- ity, and any history of prior offenses. The of title 5, United States Code.’’. amount may be reviewed only as provided in cass, meat, or meat food product is unsafe TITLE II—POULTRY INSPECTION for human consumption, adulterated, or mis- subsection (b). branded. ‘‘(b) REVIEW.— SEC. 201. REFERENCES TO THE POULTRY PROD- ‘‘(1) IN GENERAL.—A person against whom a UCTS INSPECTION ACT. ‘‘SEC. 506. REFUSAL OR WITHDRAWAL OF INSPEC- violation is found and a civil penalty as- Whenever in this title an amendment or re- TION. sessed by order of the Secretary under sub- peal is expressed in terms of an amendment ‘‘(a) IN GENERAL.—The Secretary may, for section (a) may obtain review of the order in to, or repeal of, a section or other provision, such period or indefinitely as the Secretary the United States Court of Appeals for the the reference shall be considered to be made considers necessary to carry out this Act, circuit in which the party resides or has a to a section or other provision of the Poultry refuse to provide, or withdraw, inspections place of business or in the United States Products Inspection Act (21 U.S.C. 451 et under title I with respect to any official es- Court of Appeals for the District of Columbia seq.), except to the extent otherwise specifi- tablishment if the Secretary determines, Circuit by filing a notice of appeal in the cally provided. after opportunity for a hearing is accorded court not later than 30 days after the date of SEC. 202. DEFINITIONS. to the applicant for, or recipient of, the serv- the order and by simultaneously sending a (a) ADULTERATED.—Section 4(g)(1) (21 ice that the applicant or recipient, or any copy of the notice by certified mail to the U.S.C. 453(g)(1)) is amended to read as fol- person connected with the applicant or recip- Secretary. lows: ient, has repeatedly failed to comply with ‘‘(2) RECORD.—The Secretary shall prompt- ‘‘(1) if it bears or contains a poisonous or this Act. ly file in the court a certified copy of the deleterious substance that may render it in- ‘‘(b) INSPECTIONS PENDING REVIEW.—The record on which the violation was found and jurious to health, except that, in the case of Secretary may direct that, pending oppor- the penalty assessed. a substance that is not an added substance, tunity for an expedited hearing in the case of ‘‘(3) FINDINGS.—The findings of the Sec- the article shall be considered adulterated any refusal or withdrawal of inspections and retary shall be set aside only if found to be under this subsection if there is a reasonable the final determination and order under sub- unsupported by substantial evidence on the probability that the quantity of the sub- section (a) and any judicial review of the de- record as a whole. stance in the article will cause adverse termination and order, inspections shall be ‘‘(c) CIVIL ACTION TO RECOVER ASSESS- health consequences;’’. denied or suspended if the Secretary consid- MENT.— (b) ADDED SUBSTANCE.—Section 4 is amend- ‘‘(1) IN GENERAL.—If a person fails to pay ers the action necessary in the public inter- ed by adding at the end the following: an assessment of a civil penalty after the est in order to protect the health or welfare ‘‘(cc) The term ‘added substance’— penalty has become a final and unappealable of consumers or to ensure the safe and effec- ‘‘(1) means a substance that is not an in- order, or after the appropriate Court of Ap- tive performance of official duties under this herent constituent of a food and whose in- peals has entered final judgment in favor of Act. tended use results, or may reasonably be ex- the Secretary, the Secretary shall refer the ‘‘(c) JUDICIAL REVIEW.— pected to result, directly or indirectly, in the matter to the Attorney General, who shall ‘‘(1) IN GENERAL.—The determination and substance becoming a component of, or oth- institute a civil action to recover the order of the Secretary with respect to refusal erwise affecting the characteristics of, the amount assessed in any appropriate district or withdrawal of inspections under this sec- food; and court of the United States. tion shall be final and conclusive unless the ‘‘(2) includes— ‘‘(2) SCOPE OF REVIEW.—In a recovery ac- applicant for, or recipient of, inspections ‘‘(A) a substance that is intentionally tion under paragraph (1), the validity and ap- files an application for judicial review not added to any food; or propriateness of the order of the Secretary later than 30 days after the effective date of ‘‘(B) a substance that is the result of mi- imposing the civil penalty shall not be sub- the order. crobial, viral, environmental, agricultural, ject to review. ‘‘(2) INSPECTIONS PENDING REVIEW.—Inspec- industrial, or other contamination.’’. tions shall be refused or withdrawn as of the ‘‘(d) DISPOSITION OF AMOUNTS.—All effective date of the order pending any judi- amounts collected under this section shall be SEC. 203. FEDERAL AND STATE COOPERATION. cial review of the order unless the Secretary paid into the Treasury of the United States. The first sentence of section 5(c)(1) (21 or the Court of Appeals directs otherwise. ‘‘(e) EQUITABLE RELIEF.— U.S.C. 454(c)(1)) is amended— ‘‘(3) VENUE; RECORD.—Judicial review of ‘‘(1) RELATIONSHIP TO OTHER ACTIONS.— (1) by inserting after ‘‘the Wholesome the order shall be— Nothing in this Act requires the Secretary to Poultry Products Act,’’ the following: ‘‘or by ‘‘(A) in the United States Court of Appeals report for criminal prosecution, or for the in- 30 days prior to the expiration of the 2-year for the circuit in which the applicant for, or stitution of an injunction or other proceed- period beginning on the date of enactment of the recipient of, inspections has the prin- ing, a violation of this Act, if the Secretary the Family Food Protection Act of 1995,’’; cipal place of business of the applicant or re- believes that the public interest will be ade- and cipient or in the United States Court of Ap- quately served by assessment of civil pen- (2) by striking ‘‘sections 1–4, 6–10, and 12–22 peals for the District of Columbia Circuit; alties. of this Act’’ and inserting ‘‘sections 1 and ‘‘(2) MODIFICATION OF PENALTY.—The Sec- through 4, 6 through 10, 12 through 22, and 30 ‘‘(B) based on the record on which the de- retary may compromise, modify, or remit, through 37’’. termination and order are based. with or without conditions, any civil penalty SEC. 204. EXEMPTIONS. ‘‘(4) PROCESS.—Section 204 of the Packers assessed under this section. Section 15(a)(1) (21 U.S.C. 464(a)(1)) is and Stockyards Act, 1921 (7 U.S.C. 194), shall ‘‘SEC. 508. WHISTLEBLOWER PROTECTION. amended by inserting before the semicolon be applicable to appeals taken under this ‘‘(a) IN GENERAL.—No person subject to at the end the following: ‘‘, except that regu- section. this Act may harass, prosecute, hold liable, lations issued under section 32 shall apply to March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3619 a retail store or other type of retail estab- Secretary considers necessary, to identify to defray the cost of establishing the regu- lishment’’. human pathogens, or markers for the patho- latory limits. SEC. 205. REDUCING ADULTERATION OF POUL- gens, and other potentially harmful sub- ‘‘(e) SURVEILLANCE AND SAMPLING SYS- TRY AND POULTRY PRODUCTS. stances in the poultry and poultry products; TEMS.— The Act (21 U.S.C. 451 et seq.) is amended ‘‘(2) require that the results of any test ‘‘(1) SURVEILLANCE SYSTEM.—In conjunc- by adding at the end the following: conducted in accordance with paragraph (1) tion with the Director of the Centers for Dis- ‘‘SEC. 30. REDUCING ADULTERATION OF POUL- be reported to the Secretary, in such manner ease Control and Prevention and the Com- TRY AND POULTRY PRODUCTS. and with such frequency as the Secretary missioner of Food and Drugs, the Secretary ‘‘(a) IN GENERAL.—On the basis of the best considers necessary; shall develop and administer an active sur- available scientific and technological data, ‘‘(3)(A) establish interim limits for human veillance system for foodborne illness, that the Secretary shall issue regulations to— pathogens and other potentially harmful is based on a representative sample of the ‘‘(1) limit the presence of human pathogens substances that, when found on poultry or population of the United States, to assess and other potentially harmful substances in poultry products, may present a threat to more accurately the frequency and sources poultry at the time the poultry are pre- public health; and of human disease in the United States asso- sented for slaughter; ‘‘(B) in carrying out subparagraph (A)— ciated with the consumption of poultry and ‘‘(2) ensure that appropriate measures are ‘‘(i) establish interim limits that are below poultry products. the industry mean as determined by the Sec- taken to control and reduce the presence and ‘‘(2) SAMPLING SYSTEM.— retary for the pathogen or other potentially growth of human pathogens and other poten- ‘‘(A) IN GENERAL.—Not later than 1 year harmful substance established through na- tially harmful substances on poultry or poul- after the date of enactment of this section, tional baseline studies; and try products prepared in any official estab- the Secretary shall establish a sampling sys- ‘‘(ii) reestablish the interim limits every lishment; tem, using data collected under subsection ‘‘(3) ensure that all ready-to-eat poultry or two years after the initial interim limits (c)(2) and other sources, to analyze the na- poultry products prepared in any official es- until the regulatory limits referred to in ture, frequency of occurrence, and quantities tablishment preparing the poultry or poultry subsection (d)(2), tolerances, or other stand- of human pathogens and other potentially products for distribution in commerce are ards are established under this Act or other harmful substances in poultry and poultry processed in such a manner as to destroy any applicable law; and products. human pathogens and other potentially ‘‘(4) prohibit or restrict the sale, transpor- harmful substances that are likely to cause tation, offer for sale or transportation, or re- ‘‘(B) INFORMATION.—The sampling system foodborne illness; and ceipt for transportation of any poultry or shall provide— ‘‘(4) ensure that poultry and poultry prod- poultry products that— ‘‘(i) statistically valid monitoring, includ- ucts, other than the poultry and products re- ‘‘(A) are capable of use as human food; and ing market basket studies, on the nature, ferred to in paragraph (3), prepared at any of- ‘‘(B) exceed the regulatory limits, interim frequency of occurrence, and quantity of ficial establishment preparing the poultry or limits, tolerances, or other standards estab- human pathogens and other potentially poultry products for distribution in com- lished under this Act or other applicable law harmful substances in poultry and poultry merce are labeled with instructions for han- for human pathogens or other potentially products available to consumers; and dling and preparation for consumption that, harmful substances. ‘‘(ii) such other information as the Sec- when adhered to, will destroy any human ‘‘(d) RESEARCH AND REGULATORY LIMITS.— retary determines may be useful in assessing pathogens or other potentially harmful sub- ‘‘(1) RESEARCH ON FOOD SAFETY.—The Sec- the occurrence of human pathogens and stances that are likely to cause foodborne retary, acting through the Under Secretary other potentially harmful substances in illness. of Agriculture for Food Safety, shall conduct poultry and poultry products. ‘‘(b) NONCOMPLIANCE.— or support appropriate research on food safe- ‘‘(C) NONCOMPLIANCE.—If a sample is found ‘‘(1) IN GENERAL.—Except as provided in ty, including— to exceed regulatory limits, interim limits, paragraph (2), poultry or a poultry product ‘‘(A) developing and reevaluating appro- tolerances, or standards established under prepared at any official establishment pre- priate limits for human pathogens or other this Act or other applicable law, the Sec- paring the poultry or poultry product for dis- potentially harmful substances that when retary shall take action to prevent violative tribution in commerce, that is found not to found on poultry and poultry products pre- products from entering commerce or to re- be in compliance with the regulations issued pared in official establishments may present move the violative products from the mar- under paragraph (2), (3), or (4) of subsection a threat to public health; ket. (a) shall be— ‘‘(B) developing efficient, rapid, and sen- ‘‘(f) REVIEW AND CONSULTATION.— ‘‘(A) considered adulterated and deter- sitive methods for determining and detecting ‘‘(1) REVIEW.—The Secretary shall review, mined to be condemned; and the presence of microbial contamination, at least every 2 years, all regulations, proc- ‘‘(B) if no appeal is made to the determina- chemical residues, and animal diseases that esses, procedures, and methods designed to tion of condemnation, destroyed for human have an adverse impact on human health; limit and control human pathogens and food purposes under the supervision of an in- ‘‘(C) conducting baseline studies on the other potentially harmful substances present spector. prevalence of human pathogens or other po- on or in poultry and poultry products. The ‘‘(2) REPROCESSING OR LABELING.—Poultry tentially harmful substances in processing ongoing review shall include, as necessary, or a poultry product that is not in compli- facilities; and epidemiologic and other scientific studies to ance with paragraph (2), (3), or (4) of sub- ‘‘(D) conducting risk assessments to deter- ascertain the efficiency and efficacy of the section (a), but that may by reprocessing or mine the human pathogens and other poten- regulations, processes, procedures, and meth- labeling, or both, be made not adulterated, tially harmful substances that pose the ods. need not be condemned and destroyed if after greatest risk to human health. ‘‘(2) CONSULTATION.—In carrying out para- reprocessing or labeling, or both, as applica- ‘‘(2) REGULATORY LIMITS FOR HUMAN PATHO- graphs (1) and (3) of subsection (c), sub- ble and as determined by the Secretary, GENS AND OTHER HARMFUL SUBSTANCES.— section (d), subsection (e)(1), and paragraph under the supervision of an inspector, the ‘‘(A) IN GENERAL.—Not later than 2 years (1), the Secretary shall consult with the As- poultry or poultry product is subsequently after the date of enactment of this section, sistant Secretary for Health, the Director of inspected and found to be not adulterated. the Secretary of Health and Human Services the Centers for Disease Control and Preven- ‘‘(3) APPEALS.— shall establish regulatory limits, to the max- tion, the Commissioner of Food and Drugs, ‘‘(A) ACTION PENDING APPEAL.—If an appeal imum extent scientifically supportable, for and the heads of such other Federal and is made to a determination of condemnation, human pathogens and other potentially State public health agencies as the Sec- the poultry or poultry product shall be ap- harmful substances, including heavy metals, retary considers appropriate. propriately marked, segregated, and held by that, when found as a component of poultry the official establishment pending comple- or poultry products prepared in official es- ‘‘SEC. 31. HAZARD CONTROLS. tion of an appeal inspection. tablishments, may present a threat to public ‘‘(a) REGULATIONS.— ‘‘(B) CONDEMNATION SUSTAINED.—If the de- health. ‘‘(1) ISSUANCE.—Not later than 1 year after termination of condemnation is sustained, ‘‘(B) RISK TO HUMAN HEALTH.—In establish- the date of enactment of this section, the the poultry or poultry product if not reproc- ing the regulatory limits, the Secretary of Secretary shall issue regulations that re- essed or labeled, or both, under paragraph (2) Health and Human Services shall consider quire an official establishment to— so as to be made not adulterated, shall be de- the risk to human health, including the risk ‘‘(A) adopt processing controls that are stroyed for human food purposes under the to children, the elderly, individuals whose adequate to protect public health; and supervision of a duly authorized representa- immune systems are compromised, and other ‘‘(B) limit the presence and growth of tive of the Secretary. population subgroups, posed by consumption human pathogens and other potentially ‘‘(c) HUMAN PATHOGENS AND OTHER HARM- of the poultry or poultry products contain- harmful substances in poultry and poultry FUL SUBSTANCES.—Not later than 1 year after ing the human pathogen or other potentially products prepared in the establishment. the date of enactment of this section, the harmful substance. ‘‘(2) CONTENT.—The regulations shall— Secretary shall issue regulations that— ‘‘(C) FUNDING.—The Secretary of Agri- ‘‘(A) set standards for sanitation; ‘‘(1) require poultry and poultry products culture shall annually transfer to the Sec- ‘‘(B) set interim limits for biological, in an official establishment to be tested, in retary of Health and Human Services an chemical, and physical hazards, as appro- such manner and with such frequency as the amount, to be determined by the Secretaries, priate; S 3620 CONGRESSIONAL RECORD — SENATE March 7, 1995 ‘‘(C) require processing controls to ensure stitute substantial compliance by retail es- retary, alter, detach, or destroy any records that relevant regulatory standards are met; tablishments with the guidelines issued or other means of identification prescribed ‘‘(D) require recordkeeping to monitor under paragraph (1). The regulation shall by the Secretary for use in determining the compliance; provide that there is not substantial compli- premises at which were held any poultry. ‘‘(E) require sampling to ensure that proc- ance if a significant number of retail estab- ‘‘(e) HUMAN PATHOGENS OR OTHER HARMFUL essing controls are effective and that regu- lishments have failed to comply with the SUBSTANCES.— latory standards are being met; and guidelines. ‘‘(1) IDENTIFICATION OF SOURCE.—If the Sec- ‘‘(F) provide for agency access to records ‘‘(3) REPORT.— retary finds any human pathogen or any kept by official establishments and submis- ‘‘(A) IN GENERAL.—Not later than 3 years other potentially harmful substance in any sion of copies of the records to the Secretary after the date of enactment of this section, poultry at the time the poultry is presented as the Secretary considers appropriate. the Secretary shall issue a report to Con- for slaughter or in any poultry or poultry ‘‘(3) PUBLIC ACCESS.—Public access to gress on actions taken by retail establish- products prepared in an official establish- records that relate to the adequacy of meas- ments to comply with the guidelines. The re- ment and the Secretary finds that there is a ures taken by an official establishment to port shall include a determination of wheth- reasonable probability that human consump- protect the public health, and to limit the er there is substantial compliance with the tion of any poultry or poultry product con- presence and growth of human pathogens guidelines. taining the human pathogen or other poten- and other potentially harmful substances, ‘‘(B) SUBSTANTIAL COMPLIANCE.—If the Sec- tially harmful substance presents a threat to shall be subject to section 552 of title 5, Unit- retary determines that there is substantial public health, the Secretary may take such ed States Code. compliance with the guidelines, the Sec- action as the Secretary considers necessary ‘‘(4) PROCESSING CONTROLS.—The Secretary retary shall issue a report and make a deter- to determine the source of the human patho- may, as the Secretary considers necessary, mination in accordance with subparagraph gen or other potentially harmful substance. require any person with responsibility for, or (A) not less than every 2 years. ‘‘(2) ACTION.—If the Secretary identifies control over, any poultry or poultry prod- ‘‘(C) NO SUBSTANTIAL COMPLIANCE.—If the the source of any human pathogen or other ucts intended for human consumption to Secretary determines that there is not sub- potentially harmful substance referred to in adopt processing controls, if the processing stantial compliance with the guidelines, the paragraph (1), the Secretary may prohibit or controls are needed to ensure the protection Secretary shall (at the time the determina- restrict the movement of any poultry or of public health. tion is made) issue proposed regulations re- poultry products, or any other article from ‘‘(b) ADVISORY BOARD.—On the issuance of quiring that retail establishments comply any source of the human pathogen or other regulations under subsection (a), the Sec- with the guidelines. The Secretary shall potentially harmful substance until the Sec- retary shall convene an advisory board on issue final regulations imposing the require- retary determines that the human pathogen meat and poultry safety in accordance with ment not later than 180 days after issuance or other potentially harmful substance at section 502(b) of the Federal Meat Inspection of any proposed regulations. Any final regu- the source no longer presents a threat to Act. lations shall become effective 180 days after public health. ‘‘(c) LABELING.—Notwithstanding any the date of the issuance of the final regula- ‘‘(f) PRODUCERS AND HANDLERS.— other provision of this Act, if the Secretary tions. ‘‘(1) USE OF METHODS.—The Secretary shall discontinues carcass-by-carcass inspection of ‘‘(c) ENFORCEMENT.—A State may bring, in use any means of identification and record- poultry, the ‘USDA Inspected for Whole- the name of the State and within the juris- keeping methods utilized by producers or someness’ seal, or a similar seal, shall not be diction of the State, a proceeding for the handlers of poultry whenever the Secretary affixed to any poultry and poultry products civil enforcement, or to restrain a violation, determines that the means of identification derived from the poultry prepared in any of- of final regulations issued pursuant to sub- and recordkeeping methods will enable the ficial establishment. section (b)(3)(C) if the food that is the sub- Secretary to carry out this section. ‘‘SEC. 32. VOLUNTARY GUIDELINES FOR RETAIL ject of the proceeding is located in the State. ‘‘(2) COOPERATION.—The Secretary may co- ESTABLISHMENTS. ‘‘SEC. 33. LIVESTOCK TRACEBACK. operate with producers or handlers of poul- ‘‘(a) STANDARDS.— ‘‘(a) IN GENERAL.— try in which any human pathogen or other ‘‘(1) IN GENERAL.—In consultation with rep- ‘‘(1) IDENTIFICATION.—For the purpose of potentially harmful substance described in resentatives of States, the Conference for understanding the nature of foodborne ill- subsection (e)(1) is found, to develop and Food Protection, the Association of Food ness and minimizing the risks of foodborne carry out methods to limit or eliminate the and Drug Officials, and Federal agencies, the illness from poultry and poultry products human pathogen or other potentially harm- Secretary shall establish minimum stand- distributed in commerce, the Secretary ful substance at the source. ards for the handling, processing, and stor- shall, as the Secretary considers necessary, age of poultry and poultry products at retail prescribe by regulation that poultry pre- ‘‘SEC. 34. NOTIFICATION AND RECALL OF NON- CONFORMING ARTICLES. stores, restaurants, and similar types of re- sented for slaughter for human food purposes ‘‘(a) NOTIFICATION.—Any person preparing tail establishments (collectively referred to be identified in a manner prescribed by the poultry or poultry products for distribution in this section as ‘retail establishments’). Secretary to enable the Secretary to trace in commerce who obtains knowledge that ‘‘(2) CONTENT.—The standards shall— each poultry to any premises at which the provides a reasonable basis for believing that ‘‘(A) be designed to ensure that poultry poultry has been held for such period prior to any poultry or poultry products— and poultry products sold by the retail es- slaughter as the Secretary considers nec- ‘‘(1) are unsafe for human consumption, tablishments are safe for human consump- essary to carry out this Act. adulterated, or not produced in accordance tion; ‘‘(2) PROHIBITION OR RESTRICTION ON with section 30(a); or ‘‘(B) be based on the principles of preven- ENTRY.—The Secretary may prohibit or re- tive controls; and strict entry into any slaughtering establish- ‘‘(2) are misbranded; ‘‘(C) include— ment inspected under this Act of any poultry shall immediately notify the Secretary, in ‘‘(i) safe food product processing and han- not identified as prescribed by the Secretary. such manner and by such means as the Sec- dling practices for retail establishments, in- ‘‘(b) RECORDS.— retary may by regulation prescribe, of the cluding time and temperature controls on ‘‘(1) IN GENERAL.—The Secretary may re- identity and location of the articles. poultry and poultry products sold by the es- quire that a person required to identify poul- ‘‘(b) RECALL.— tablishments; try pursuant to subsection (a) maintain ac- ‘‘(1) IN GENERAL.—If the Secretary finds, on ‘‘(ii) equipment handling practices, includ- curate records, as prescribed by the Sec- notification or otherwise, that any poultry ing standards for the cleaning and sanitiza- retary, regarding the purchase, sale, and or poultry products— tion of food equipment and utensils; identification of the poultry. ‘‘(A) are unsafe for human consumption, ‘‘(iii) minimum personnel hygiene require- ‘‘(2) ACCESS.—A person subject to para- adulterated, or not produced in accordance ments; and graph (1) shall, at all reasonable times, on with section 30(a); or ‘‘(iv) requirements for the use of tempera- notice by a duly authorized representative of ‘‘(B) are misbranded; ture warning devices on raw poultry or poul- the Secretary, afford the representative ac- the Secretary shall by order require any per- try products to alert consumers to inad- cess to the place of business of the person son engaged in the processing, handling, equate temperature controls. and an opportunity to examine the records of transportation, storage, importation, dis- ‘‘(b) GUIDELINES.— the person and copy the records. tribution, or sale of poultry or poultry prod- ‘‘(1) ISSUANCE.—Not later than 18 months ‘‘(3) DURATION.—Any record required to be ucts to immediately cease any distribution after the date of enactment of this section, maintained under this subsection shall be of the poultry or poultry products, and to re- the Secretary, after notice and opportunity maintained for such period of time as the call the poultry or poultry products from for comment, shall issue guidelines for retail Secretary prescribes. commercial distribution and use, if the Sec- establishments that offer poultry and poul- ‘‘(c) FALSE INFORMATION.—No person shall retary determines that there is a reasonable try products that include the standards es- falsify or misrepresent to the Secretary or probability that the product is unsafe for tablished under subsection (a). any other person any information concern- human consumption, adulterated, or mis- ‘‘(2) COMPLIANCE.—Not later than 18 ing the premises at which any poultry were branded, unless the person is engaged in a months after the date of enactment of this held. voluntary recall of the poultry or poultry section, the Secretary shall issue a final reg- ‘‘(d) MAINTENANCE OF RECORDS.—No person products that the Secretary considers ade- ulation defining the circumstances that con- shall, without authorization from the Sec- quate. March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3621

‘‘(2) ORDER.—The order shall— ‘‘(d) ADDITIONAL AUTHORITY.—This section ‘‘SEC. 37. WHISTLEBLOWER PROTECTION. ‘‘(A) include a timetable during which the shall be in addition to, and not derogate ‘‘(a) IN GENERAL.—No person subject to recall shall occur; from, any provision of this Act for refusal, this Act may harass, prosecute, hold liable, ‘‘(B) require periodic reports by the person withdrawal, or suspension of inspections or discriminate against any employee or to the Secretary describing the progress of under this Act. other person because the person— the recall; and ‘‘(1) is assisting or demonstrating an intent ‘‘(C) require notice to consumers to whom ‘‘SEC. 36. CIVIL PENALTIES. to assist in achieving compliance with any the articles were, or may have been, distrib- ‘‘(a) IN GENERAL.— Federal or State law (including a rule or reg- uted as to how the consumers should treat ‘‘(1) ASSESSMENT.—A person who violates ulation); the article. any of sections 30 through 37, a regulation is- ‘‘(2) is refusing to violate or assist in the ‘‘(c) INFORMAL HEARING.— sued under any of the sections, or an order violation of any Federal or State law (in- ‘‘(1) IN GENERAL.—The order shall provide issued under subsection (b) or (d) of section cluding a rule or regulation); or any person subject to the order with an op- 34 may be assessed a civil penalty by the ‘‘(3) has commenced, caused to be com- portunity for an informal hearing, to be held Secretary of not more than $100,000 for each menced, or is about to commence a proceed- not later than 5 days after the date of issu- day of violation. ing, has testified or is about to testify at a ance of the order, on the actions required by ‘‘(2) SEPARATE VIOLATION.—Each offense de- proceeding, or has assisted or participated or the order. scribed in paragraph (1) shall considered to is about to assist or participate in any man- ‘‘(2) VACATION OF ORDER.—If, after provid- be a separate violation. ner in such a proceeding or in any other ac- ing an opportunity for the hearing, the Sec- ‘‘(3) NOTICE AND OPPORTUNITY FOR HEAR- tion to carry out the functions or respon- retary determines that inadequate grounds ING.—No penalty may be assessed against a sibilities of any agency, office, or unit of the exist to support the actions required by the person under this section unless the person Department of Agriculture. order, the Secretary shall vacate the order. is given notice and an opportunity for a ‘‘(b) PROCEDURES AND PENALTIES.—The pro- ‘‘(d) JUDICIAL RECALL.—A district court of hearing on the record before the Secretary in cedures and penalties applicable to prohib- the United States may order any person en- accordance with sections 554 and 556 of title ited acts under subsection (a) shall be gov- gaged in the processing, handling, transpor- 5, United States Code. erned by the applicable provisions of section tation, storage, importation, distribution, or ‘‘(4) AMOUNT.—The amount of the civil pen- 31105 of title 49, United States Code. sale of poultry or a poultry product to recall alty shall be assessed by the Secretary by ‘‘(c) BURDENS OF PROOF.—The legal burdens the poultry or product if the court finds that written order, taking into account the grav- of proof with respect to prohibited acts there is a reasonable probability that the ity of the violation, the degree of culpabil- under subsection (a) shall be governed by the poultry or poultry product is unsafe for ity, and any history of prior offenses. The applicable provisions of sections 1214 and 1221 human consumption, adulterated, or mis- amount may be reviewed only as provided in of title 5, United States Code.’’. branded. subsection (b). ‘‘SEC. 35. REFUSAL OR WITHDRAWAL OF INSPEC- ‘‘(b) REVIEW.— TION. SUMMARY OF THE FAMILY FOOD PROTECTION ‘‘(1) IN GENERAL.—A person against whom a ACT ‘‘(a) IN GENERAL.—The Secretary may, for violation is found and a civil penalty as- such period or indefinitely as the Secretary The laws governing meat and poultry safe- sessed by order of the Secretary under sub- considers necessary to carry out this Act, ty, first developed in the early 1900’s, need to section (a) may obtain review of the order in refuse to provide, or withdraw, inspections be brought up-to-date to assure that new sys- the United States Court of Appeals for the under this Act with respect to any official tems to reduce foodborne illness from meat circuit in which the party resides or has a establishment if the Secretary determines, and poultry are as effective as possible. Cur- after opportunity for a hearing is accorded place of business or in the United States rent programs for inspecting meat and poul- to the applicant for, or recipient of, the serv- Court of Appeals for the District of Columbia try must be supplemented with more modern ice that the applicant or recipient, or any Circuit by filing a notice of appeal in the methods that control and test for the sub- person connected with the applicant or recip- court not later than 30 days after the date of stances that cause foodborne illness and ient, has repeatedly failed to comply with the order and by simultaneously sending a death. this Act. copy of the notice by certified mail to the Harmfull bacteria on meat and poultry ‘‘(b) INSPECTIONS PENDING REVIEW.—The Secretary. products are responsible for at least five mil- Secretary may direct that, pending oppor- ‘‘(2) RECORD.—The Secretary shall prompt- lion illnesses and 4000 deaths each year. Yet, tunity for an expedited hearing in the case of ly file in the court a certified copy of the under the current law, the government can’t any refusal or withdrawal of inspections and record on which the violation was found and stop contaminated meat from reaching con- the final determination and order under sub- the penalty assessed. sumer’s tables. The Family Food Protection section (a) and any judicial review of the de- ‘‘(3) FINDINGS.—The findings of the Sec- Act will require the United States Depart- termination and order, inspections shall be retary shall be set aside only if found to be ment of Agriculture [USDA] to use scientific denied or suspended if the Secretary consid- unsupported by substantial evidence on the standards and testing to prevent contami- ers the action necessary in the public inter- record as a whole. nated food from reaching consumers and est in order to protect the health or welfare ‘‘(c) CIVIL ACTION TO RECOVER ASSESS- gives the agency modern enforcement tools of consumers or to ensure the safe and effec- MENT.— like recall and traceback to get contami- tive performance of official duties under this ‘‘(1) IN GENERAL.—If a person fails to pay nated food off the market and to trade it to Act. an assessment of a civil penalty after the its source. ‘‘(c) JUDICIAL REVIEW.— penalty has become a final and unappealable The Family Food Protection Act adds a ‘‘(1) IN GENERAL.—The determination and order, or after the appropriate Court of Ap- new Title V to the Federal Meat Inspection order of the Secretary with respect to refusal peals has entered final judgment in favor of Act and new sections 30 through 37 to the or withdrawal of inspections under this sec- the Secretary, the Secretary shall refer the Poultry Products Inspection Act. These sec- tion shall be final and conclusive unless the matter to the Attorney General, who shall tions are parallel between the two Acts. Un- applicant for, or recipient of, inspections institute a civil action to recover the less otherwise noted, ‘‘the Secretary’’ refers files an application for judicial review not amount assessed in any appropriate district to the Secretary of Agriculture. later than 30 days after the effective date of court of the United States. the order. ‘‘(2) SCOPE OF REVIEW.—In a recovery ac- REDUCING ADULTERATION OF MEAT AND ‘‘(2) INSPECTIONS PENDING REVIEW.—Inspec- tion under paragraph (1), the validity and ap- POULTRY PRODUCTS tions shall be refused or withdrawn as of the propriateness of the order of the Secretary Under this section, the Secretary would be effective date of the order pending any judi- imposing the civil penalty shall not be sub- required to control and reduce the presence cial review of the order unless the Secretary ject to review. and growth of human pathogens and other or the Court of Appeals directs otherwise. ‘‘(d) DISPOSITION OF AMOUNTS.—All harmful substances in meat and poultry ‘‘(3) VENUE; RECORD.—Judicial review of amounts collected under this section shall be products. Modern microbial testing for such the order shall be— paid into the Treasury of the United States. contaminants would be required within two ‘‘(A) in the United States Court of Appeals ‘‘(e) EQUITABLE RELIEF.— years of enactment of the Act. Results of the for the circuit in which the applicant for, or ‘‘(1) RELATIONSHIP TO OTHER ACTIONS.— tests would be reported to the USDA. the recipient of, inspections has the prin- Nothing in this Act requires the Secretary to Interim limits would be established by the cipal place of business of the applicant or re- report for criminal prosecution, or for the in- Secretary for human pathogens and other cipient or in the United States Court of Ap- stitution of a injunction or other proceeding, harmful substances until regulatory limits, peals for the District of Columbia Circuit; a violation of this Act, if the Secretary be- tolerances or other standards are set by the and lieves that the public interest will be ade- Secretary of Health and Human Services. ‘‘(B) based on the record on which the de- quately served by assessment of civil pen- The Secretary would conduct or support ap- termination and order are based. alties. propriate research. Meat or poultry that ex- ‘‘(4) PROCESS.—Section 204 of the Packers ‘‘(2) MODIFICATION OF PENALTY.—The Sec- ceeds the limits would be prohibited from and Stockyards Act, 1921 (7 U.S.C. 194), shall retary may compromise, modify, or remit, sale or transportation. Regulatory limits set be applicable to appeals taken under this with or without conditions, any civil penalty by the Secretary of Health and Human Serv- section. assessed under this section. ices would protect all consumers including S 3622 CONGRESSIONAL RECORD — SENATE March 7, 1995 children, the elderly and the immune com- NOTIFICATION AND RECALL OF NONCONFORMING The first major provision within my promised. ARTICLES legislation transfers responsibility for The Secretary, in conjunction with the Under this section, any person, firm or cor- the aquaculture research program from Centers of Disease Control and Prevention poration preparing meat or poultry products the Secretary of the Interior to the and the Food and Drug Administration, for distribution with a reasonable basis for Secretary of Agriculture. This transfer would administer an active surveillance sys- believing that the products are unsafe for tem for foodborne illnesses and a sampling human consumption, adulterated or mis- simply recognizes the reality that the system to analyze the nature and frequency branded shall immediately notify the Sec- vast majority of aquaculture research of human pathogens and other harmful sub- retary of the identity and location of such and funding comes through the U.S. stances in meat and poultry products. The products. Department of Agriculture. This is a Secretary shall review all regulations every If the Secretary finds the products are un- long-overdue streamlining measure two years and consult with relevant federal safe for human consumption, adulterated or that will greatly improve the overall and state public health agencies as appro- misbranded, the Secretary shall order the re- efficiency and timeliness of aqua- priate. call of such products and all further distribu- tion shall be halted, unless the products are culture research. HAZARD CONTROLS subject to a voluntary recall that the Sec- The second provision stipulates that The Secretary shall require slaughter and retary deems adequate. The person, firm or the Southeastern Fish Culture Labora- processing plants to adopt processing con- corporation subject to the order has the op- tory in Marion, AL be named and des- trols adequate to protect public health and portunity for a hearing within 5 days after ignated as the ‘‘Claude Harris National to limit the presence and growth of human the date of the order. Aquaculture Research Center.’’ Many pathogens and other harmful substances in Any district court may order any person, meat and poultry. The regulations will in- of my colleagues remember former firm or corporation to recall any meat or Congressman Claude Harris, who clude standards for sanitation; interim lim- poultry product if the court finds that there its for biological, chemical and physical haz- is a reasonable probability that the product passed away last fall after a battle ards; process controls to assure the limits is unsafe for human consumption, adulter- with lung cancer. He spent 6 years in are met; record keeping requirements; sam- ated or misbranded. the House of Representatives from the pling requirements; and agency access to REFUSAL OR WITHDRAWAL OF INSPECTION Seventh District of Alabama, and was records. Public access to records is assured an outstanding Member of Congress. At through the Freedom of Information Act. The Secretary may refuse to provide or withdraw inspection services if the Secretary the time of his death, he was serving as The Secretary may require other processing determines, after providing the opportunity controls as deemed necessary to assure the the U.S. attorney for the northern dis- for a hearing, that the recipient of the serv- protection of public health. trict of Alabama. He was honest and ice has repeatedly failed to comply with the Once processing controls are required, an amiable and never took his political requirements of the Federal Meat Inspection advisory board shall be appointed, consisting accomplishments for granted. Act, the Poultry Products Inspection Act or of consumer and victim representatives, corresponding regulations. During his time in Congress, Claude processors, producers, retail outlets, inspec- Inspection can be withdrawn prior to a Harris was a strong supporter of aqua- tors, plant workers, and public health offi- hearing if such action is necessary in order culture research, and was instrumental cials, to recommend other changes to the ex- to protect the health and welfare of consum- in promoting it through his hard work isting inspection programs, including im- ers or to assure the safe and effective per- on the House Energy and Commerce provements in and alternatives to the cur- formance of official duties. rent programs. Committee. The fish culture laboratory Judical review of these orders shall be in in Marion is located in Claude’s former The Secretary is directed to discontinue the United States Court of Appeals. use of the existing inspection seals if, at any district. time, the Secretary discontinues the carcass- CIVIL PENALTIES This designation will serve as a prop- by-carcass inspection of meat. The seal for Civil penalties may be assessed against er and fitting tribute to the memory of meat and meat food products says ‘‘In- persons, firms or corporations that violate provisions of the Federal Meat Inspection Congressman Claude Harris, whose spected and passed.’’ The seal for poultry and drive, determination, and energy did so poultry products says ‘‘Inspected for whole- Act, the Poultry Products Inspection Act or someness by U.S. Department of Agri- relevant orders. Civil penalties are limited much to advance the important science culture.’’ to $100,000 per day of violation. The amount of aquaculture in this country. of the penalty shall be assessed by written VOLUNTARY GUIDELINES FOR RETAIL order following consideration of the gravity f ESTABLISHMENTS of the violation, degree of culpability, and The Secretary is directed to develop mini- the history of prior offenses. ADDITIONAL COSPONSORS mum standards for the handling, processing Judicial review of these orders shall be in and storage of meat and poultry products by the United States Court of Appeals. Pen- S. 50 retail stores, restaurants, and similar estab- alties collected under this section shall be At the request of Mr. LOTT, the name lishments to assure that food sold by such paid into the United States Treasury. of the Senator from Minnesota [Mr. establishments is safe for human consump- CORPORATE WHISTLEBLOWER PROTECTION GRAMS] was added as a cosponsor of S. tion. Following notice and comment, guide- Employees are protected against harass- 50, a bill to repeal the increase in tax lines are established within 18 months after ment, discrimination, prosecution and liabil- on Social Security benefits. enactment of the Act. So long as there is ity by employers because the employee is as- substantial compliance by retailers, the sisting in achieving compliance with federal S. 104 guidelines remain voluntary. If substantial or state laws, rules or regulations; refusing At the request of Mr. D’AMATO, the compliance is not achieved, the guidelines to violate federal or state laws, rules or reg- name of the Senator from Maine [Ms. may become regulations. States may bring ulations; or otherwise attempting to carry SNOWE] was added as a cosponsor of S. actions against retailers to restrain viola- out the functions of or responsibilities of the 104, a bill to establish the position of tion of any final regulations under the Act. USDA. This section is governed by the Sur- Coordinator for Counter-Terrorism LIVESTOCK TRACEBACK face Transportation Act and the Whistle- blower Protection Act. within the office of the Secretary of Traceback of animal and animal carcasses State. is allowed for the purpose of understanding By Mr. HEFLIN (for himself and the nature of foodborne illness and minimiz- S. 212 Mr. SHELBY): ing the risks of such illness. The Secretary At the request of Mr. KERRY, the S. 516. A bill to transfer responsibil- shall prescribe methods that permit animal name of the Senator from Rhode Island ity for the aquaculture research pro- identification sufficient to accomplish [Mr. CHAFEE] was added as a cosponsor gram under Public Law 85–342 from the traceback to the farm or other places where of S. 212, a bill to authorize the Sec- Secretary of the Interior to the Sec- livestock or poultry are held. retary of Transportation to issue a cer- If animals are presented for slaughter that retary of Agriculture, and for other tificate of documentation with appro- contain human pathogens or other harmful purposes; to the Committee on Envi- priate endorsement for employment in substances sufficient to pose a threat to ronment and Public Works. health, the Secretary may take action to de- the coastwise trade for the vessel NATIONAL AQUACULTURE RESEARCH CENTER termine the source of the human pathogen or Shamrock V. ACT other harmful substance. The Secretary may S. 213 prohibit or restrict the movement of ani- Mr. HEFLIN. Mr. President, I am mals, carcasses, meat or meat food products pleased to introduce the National At the request of Mr. KERRY, the containing the human pathogen or other Aquaculture Research Center Act of name of the Senator from Rhode Island harmful substance. 1995. [Mr. CHAFEE] was added as a cosponsor March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3623 of S. 213, a bill to authorize the Sec- shall be allowable in computing ad- CHAPTER 11—DEPARTMENT OF STATE retary of Transportation to issue a cer- justed gross income. Sec. 1111. Reports eliminated. tificate of documentation with appro- f CHAPTER 12—DEPARTMENT OF priate endorsement for employment in TRANSPORTATION AMENDMENTS SUBMITTED the coastwise trade for the vessel Sec. 1121. Reports eliminated. Endeavour. Sec. 1122. Reports modified. S. 244 PAPERWORK REDUCTION ACT CHAPTER 13—DEPARTMENT OF THE TREASURY At the request of Mr. LUGAR, his Sec. 1131. Reports eliminated. name was added as a cosponsor of S. Sec. 1132. Reports modified. 244, a bill to further the goals of the LEVIN (AND OTHERS) AMENDMENT CHAPTER 14—DEPARTMENT OF VETERANS Paperwork Reduction Act to have Fed- NO. 319 AFFAIRS eral agencies become more responsible Sec. 1141. Reports eliminated. and publicly accountable for reducing Mr. LEVIN (for himself, Mr. COHEN, the burden of Federal paperwork on the Mr. ROTH, and Mr. GLENN) proposed an SUBTITLE II—INDEPENDENT AGENCIES public, and for other purposes. amendment to the bill (S. 244) to fur- CHAPTER 1—ACTION S. 275 ther the goals of the Paperwork Reduc- Sec. 2011. Reports eliminated. tion Act to have Federal agencies be- At the request of Mr. GRASSLEY, the CHAPTER 2—ENVIRONMENTAL PROTECTION name of the Senator from Texas [Mrs. come more responsible and publicly ac- AGENCY HUTCHISON] was added as a cosponsor of countable for reducing the burden of Sec. 2021. Reports eliminated. Federal paperwork on the public, and S. 275, a bill to establish a temporary CHAPTER 3—EQUAL EMPLOYMENT for other purposes; as follows: moratorium on the Interagency Memo- OPPORTUNITY COMMISSION On page 2, insert between lines 2 and 3 the randum of Agreement Concerning Wet- Sec. 2031. Reports modified. lands Determinations until enactment following: CHAPTER 4—FEDERAL AVIATION TITLE I—PAPERWORK REDUCTION of a law that is the successor to the ADMINISTRATION On page 2, line 3, strike out ‘‘SECTION 1.’’ Food, Agriculture, Conservation, and Sec. 2041. Reports eliminated. Trade Act of 1990, and for other pur- and insert in lieu thereof ‘‘SEC. 101.’’. poses. On page 2, line 4, strike out ‘‘Act’’ and in- CHAPTER 5—FEDERAL COMMUNICATIONS sert in lieu thereof ‘‘title’’. COMMISSION S. 303 On page 2, line 6, strike out ‘‘SEC. 2.’’ and Sec. 2051. Reports eliminated. At the request of Mr. LIEBERMAN, the insert in lieu thereof ‘‘ .’’. SEC. 102 CHAPTER 6—FEDERAL DEPOSIT INSURANCE name of the Senator from Minnesota On page 58, strike out lines 3 through 5 and CORPORATION [Mr. GRAMS] was added as a cosponsor insert in lieu thereof the following: Sec. 2061. Reports eliminated. of S. 303, a bill to establish rules gov- SEC. 103. EFFECTIVE DATE. erning product liability actions against The provisions of this title and the amend- CHAPTER 7—FEDERAL EMERGENCY raw materials and bulk component sup- ments made by this title shall take effect on MANAGEMENT AGENCY pliers to medical device manufacturers, June 30, 1995. Sec. 2071. Reports eliminated. On page 58, add after line 5 the following and for other purposes. CHAPTER 8—FEDERAL RETIREMENT THRIFT new title: S. 328 INVESTMENT BOARD TITLE II—FEDERAL REPORT Sec. 2081. Reports eliminated. At the request of Mr. SANTORUM, the ELIMINATION AND MODIFICATION name of the Senator from Florida [Mr. CHAPTER 9—GENERAL SERVICES SEC. 201. SHORT TITLE. ADMINISTRATION MACK] was added as a cosponsor of S. This title may be cited as the ‘‘Federal Re- 328, a bill to amend the Clean Air Act port Elimination and Modification Act of Sec. 2091. Reports eliminated. to provide for an optional provision for 1995’’. CHAPTER 10—INTERSTATE COMMERCE the reduction of work-related vehicle SEC. 202. TABLE OF CONTENTS. COMMISSION trips and miles traveled in ozone non- The table of contents for this title is as fol- Sec. 2101. Reports eliminated. attainment areas designated as severe, lows: CHAPTER 11—LEGAL SERVICES CORPORATION and for other purposes. Sec. 201. Short title. Sec. 2111. Reports modified. S. 351 Sec. 202. Table of contents. CHAPTER 12—NATIONAL AERONAUTICS AND SUBTITLE I—DEPARTMENTS At the request of Mr. HATCH, the SPACE ADMINISTRATION CHAPTER 1—DEPARTMENT OF AGRICULTURE name of the Senator from Alaska [Mr. Sec. 2121. Reports eliminated. MURKOWSKI] was added as a cosponsor Sec. 1011. Reports eliminated. CHAPTER 13—NATIONAL COUNCIL ON of S. 351, a bill to amend the Internal Sec. 1012. Reports modified. DISABILITY Revenue Code of 1986 to make perma- CHAPTER 2—DEPARTMENT OF COMMERCE nent the credit for increasing research Sec. 1021. Reports eliminated. Sec. 2131. Reports eliminated. activities. Sec. 1022. Reports modified. CHAPTER 14—NATIONAL SCIENCE FOUNDATION S. 469 CHAPTER 3—DEPARTMENT OF DEFENSE Sec. 2141. Reports eliminated. At the request of Mr. GREGG, the Sec. 1031. Reports eliminated. CHAPTER 15—NATIONAL TRANSPORTATION name of the Senator from Arizona [Mr. CHAPTER 4—DEPARTMENT OF EDUCATION SAFETY BOARD KYL] was added as a cosponsor of S. 469, Sec. 1041. Reports eliminated. Sec. 2151. Reports modified. Sec. 1042. Reports modified. a bill to eliminate the National Edu- CHAPTER 16—NEIGHBORHOOD REINVESTMENT cation Standards and Improvement CHAPTER 5—DEPARTMENT OF ENERGY CORPORATION Council and opportunity-to-learn Sec. 1051. Reports eliminated. Sec. 2161. Reports eliminated. Sec. 1052. Reports modified. standards. CHAPTER 17—NUCLEAR REGULATORY CHAPTER 6—DEPARTMENT OF HEALTH AND S. 476 COMMISSION HUMAN SERVICES At the request of Mr. NICKLES, the Sec. 2171. Reports modified. Sec. 1061. Reports eliminated. name of the Senator from Michigan Sec. 1062. Reports modified. CHAPTER 18—OFFICE OF PERSONNEL [Mr. ABRAHAM] was added as a cospon- CHAPTER 7—DEPARTMENT OF HOUSING AND MANAGEMENT sor of S. 476, a bill to amend title 23, URBAN DEVELOPMENT Sec. 2181. Reports eliminated. United States Code, to eliminate the Sec. 1071. Reports eliminated. Sec. 2182. Reports modified. national maximum speed limit, and for Sec. 1072. Reports modified. CHAPTER 19—OFFICE OF THRIFT SUPERVISION other purposes. CHAPTER 8—DEPARTMENT OF THE INTERIOR Sec. 2191. Reports modified. S. 500 Sec. 1081. Reports eliminated. CHAPTER 20—PANAMA CANAL COMMISSION At the request of Mr. JOHNSTON, the Sec. 1082. Reports modified. Sec. 2201. Reports eliminated. name of the Senator from Louisiana CHAPTER 9—DEPARTMENT OF JUSTICE CHAPTER 21—POSTAL SERVICE [Mr. BREAUX] was added as a cosponsor Sec. 1091. Reports eliminated. Sec. 2211. Reports modified. of S. 500, a bill to amend the Internal CHAPTER 10—DEPARTMENT OF LABOR Revenue Code of 1986 to provide that Sec. 1101. Reports eliminated. CHAPTER 22—RAILROAD RETIREMENT BOARD certain deductions of school bus drivers Sec. 1102. Reports modified. Sec. 2221. Reports modified. S 3624 CONGRESSIONAL RECORD — SENATE March 7, 1995

CHAPTER 23—THRIFT DEPOSITOR PROTECTION of the Housing Act of 1949 (42 U.S.C. 1476(b)) (2) by striking the period at the end of OVERSIGHT BOARD is amended by striking the last sentence. paragraph (4) and inserting ‘‘; and’’; and Sec. 2231. Reports modified. (o) REPORT ON ANNUAL UPWARD MOBILITY (3) by adding at the end the following new CHAPTER 24—UNITED STATES INFORMATION PROGRAM ACTIVITY.—Section 2(a)(6)(A) of the paragraph: AGENCY Act of June 20, 1936 (20 U.S.C. 107a(a)(6)(A)), ‘‘(5) the information and recommendations is amended by striking ‘‘including upward Sec. 2241. Reports eliminated. described in section 11 of the Horse Protec- mobility’’ and inserting ‘‘excluding upward SUBTITLE III—REPORTS BY ALL DEPARTMENTS tion Act of 1970 (15 U.S.C. 1830).’’. mobility’’. (b) REPORT ON HORSE PROTECTION ENFORCE- AND AGENCIES (p) REPORT ON LAND EXCHANGES IN COLUM- MENT.—Section 11 of the Horse Protection Sec. 3001. Reports eliminated. BIA RIVER GORGE NATIONAL SCENIC AREA.— Act of 1970 (15 U.S.C. 1830) is amended by Sec. 3002. Reports modified. Section 9(d)(3) of the Columbia River Gorge striking ‘‘On or before the expiration of thir- SUBTITLE IV—EFFECTIVE DATE National Scenic Area Act (16 U.S.C. ty calendar months following the date of en- Sec. 4001. Effective date. 544g(d)(3)) is amended by striking the second actment of this Act, and every twelve cal- Subtitle I—Departments sentence. (q) REPORT ON INCOME AND EXPENDITURES endar months thereafter, the Secretary shall CHAPTER 1—DEPARTMENT OF submit to the Congress a report upon’’ and AGRICULTURE OF CERTAIN LAND ACQUISITIONS.—Section 2(e) of Public Law 96–586 (94 Stat. 3382) is amend- inserting the following: ‘‘As part of the re- SEC. 1011. REPORTS ELIMINATED. ed by striking the second sentence. port submitted by the Secretary under sec- (a) REPORT ON MONITORING AND EVALUA- (r) REPORT ON SPECIAL AREA DESIGNA- tion 25 of the Animal Welfare Act (7 U.S.C. TION.—Section 1246 of the Food Security Act TIONS.—Section 1506 of the Agriculture and 2155), the Secretary shall include informa- of 1985 (16 U.S.C. 3846) is repealed. Food Act of 1981 (16 U.S.C. 3415) is repealed. tion on’’. (b) REPORT ON RETURN ON ASSETS.—Section (s) REPORT ON EVALUATION OF SPECIAL (c) REPORT ON AGRICULTURAL QUARANTINE 2512 of the Food, Agriculture, Conservation, AREA DESIGNATIONS.—Section 1510 of the Ag- INSPECTION FUND.—The Secretary of Agri- and Trade Act of 1990 (7 U.S.C. 1421b) is riculture and Food Act of 1981 (16 U.S.C. 3419) culture shall not be required to submit a re- amended— is repealed. port to the appropriate committees of Con- (1) in subsection (a), by striking ‘‘(a) IM- (t) REPORT ON AGRICULTURAL PRACTICES gress on the status of the Agricultural Quar- PROVING’’ and all that follows through AND WATER RESOURCES DATA BASE DEVELOP- antine Inspection fund more frequently than ‘‘FORECASTS.—’’; and MENT.—Section 1485 of the Food, Agriculture, annually. (2) by striking subsection (b). Conservation, and Trade Act of 1990 (7 U.S.C. (d) REPORT ON ESTIMATED EXPENDITURES (c) REPORT ON FARM VALUE OF AGRICUL- 5505) is amended— UNDER FOOD STAMP PROGRAM.—The third TURAL PRODUCTS.—Section 2513 of the Food, (1) in subsection (a), by striking ‘‘(a) RE- Agriculture, Conservation, and Trade Act of sentence of section 18(a)(1) of the Food POSITORY.—’’; and Stamp Act of 1977 (7 U.S.C. 2027(a)(1)) is 1990 (7 U.S.C. 1421c) is repealed. (2) by striking subsection (b). (d) REPORT ON ORIGIN OF EXPORTS OF PEA- amended— (u) REPORT ON PLANT GENOME MAPPING.— (1) by striking ‘‘by the fifteenth day of NUTS.—Section 1558 of the Food, Agriculture, Section 1671 of the Food, Agriculture, Con- each month’’ and inserting ‘‘for each quarter Conservation, and Trade Act of 1990 (7 U.S.C. servation, and Trade Act of 1990 (7 U.S.C. or other appropriate period’’; and 958) is repealed. 5924) is amended— (2) by striking ‘‘the second preceding (e) REPORT ON REPORTING OF IMPORTING (1) by striking subsection (g); and FEES.—Section 407 of the Agricultural Trade (2) by redesignating subsection (h) as sub- month’s expenditure’’ and inserting ‘‘the ex- Development and Assistance Act of 1954 (7 section (g). penditure for the quarter or other period’’. U.S.C. 1736a) is amended— (v) REPORT ON APPRAISAL OF PROPOSED (e) REPORT ON COMMODITY DISTRIBUTION.— (1) by striking subsection (b); and BUDGET FOR FOOD AND AGRICULTURAL Section 3(a)(3)(D) of the Commodity Dis- (2) by redesignating subsections (c) SCIENCES.—Section 1408(g) of the National tribution Reform Act and WIC Amendments through (h) as subsections (b) through (g), Agricultural Research, Extension, and of 1987 (Public Law 100–237; 7 U.S.C. 612c respectively. Teaching Policy Act of 1977 (7 U.S.C. 3123(g)) note) is amended by striking ‘‘annually’’ and (f) REPORT ON AGRICULTURAL INFORMATION is amended— inserting ‘‘biennially’’. EXCHANGE WITH IRELAND.—Section 1420 of (1) by striking paragraph (2); and (f) REPORT ON PRIORITIES FOR RESEARCH, the Food Security Act of 1985 (Public Law (2) by redesignating paragraph (3) as para- EXTENSION, AND TEACHING.—Section 1407(f)(1) 99–198; 99 Stat. 1551) is amended— graph (2). of the National Agricultural Research, Ex- (1) in subsection (a), by striking ‘‘(a)’’; and (w) REPORT ON ECONOMIC IMPACT OF ANIMAL tension, and Teaching Policy Act of 1977 (7 (2) by striking subsection (b). DAMAGE ON AQUACULTURE INDUSTRY.—Sec- U.S.C. 3122(f)(1)) is amended— (g) REPORT ON POTATO INSPECTION.—Sec- tion 1475(e) of the National Agricultural Re- (1) in the paragraph heading, by striking tion 1704 of the Food Security Act of 1985 search, Extension, and Teaching Policy Act ‘‘ANNUAL REPORT’’ and inserting ‘‘REPORT’’; (Public Law 99–198; 7 U.S.C. 499n note) is of 1977 (7 U.S.C. 3322(e)) is amended— and amended by striking the second sentence. (1) in paragraph (1), by striking ‘‘(1)’’; and (2) by striking ‘‘Not later than June 30 of (h) REPORT ON TRANSPORTATION OF FER- (2) by striking paragraph (2). each year’’ and inserting ‘‘At such times as TILIZER AND AGRICULTURAL CHEMICALS.—Sec- (x) REPORT ON AWARDS MADE BY THE NA- the Joint Council determines appropriate’’. tion 2517 of the Food, Agriculture, Conserva- TIONAL RESEARCH INITIATIVE AND SPECIAL (g) 5-YEAR PLAN FOR FOOD AND AGRICUL- tion, and Trade Act of 1990 (Public Law 101– GRANTS.—Section 2 of the Act of August 4, TURAL SCIENCES.—Section 1407(f)(2) of the 624; 104 Stat. 4077) is repealed. 1965 (7 U.S.C. 450i), is amended— National Agricultural Research, Extension, (i) REPORT ON UNIFORM END-USE VALUE (1) by striking subsection (l); and and Teaching Policy Act of 1977 (7 U.S.C. (2) by redesignating subsection (m) as sub- TESTS.—Section 307 of the Futures Trading 3122(f)(2)) is amended by striking the second section (l). Act of 1986 (Public Law 99–641; 7 U.S.C. 76 sentence. note) is amended by striking subsection (c). (y) REPORT ON PAYMENTS MADE UNDER RE- (h) REPORT ON EXAMINATION OF FEDERALLY (j) REPORT ON PROJECT AREAS WITH HIGH SEARCH FACILITIES ACT.—Section 8 of the Re- SUPPORTED AGRICULTURAL RESEARCH AND EX- FOOD STAMP PAYMENT ERROR RATES.—Sec- search Facilities Act (7 U.S.C. 390i) is re- TENSION PROGRAMS.—Section 1408(g)(1) of the tion 16(i) of the Food Stamp Act of 1977 (7 pealed. National Agricultural Research, Extension, U.S.C. 2025(i)) is amended by striking para- (z) REPORT ON FINANCIAL AUDIT REVIEWS OF and Teaching Policy Act of 1977 (7 U.S.C. graph (3). STATES WITH HIGH FOOD STAMP PARTICIPA- 3123(g)(1)) is amended by inserting ‘‘may pro- (k) REPORT ON EFFECT OF EFAP DISPLACE- TION.—The first sentence of section 11(l) of vide’’ before ‘‘a written report’’. MENT ON COMMERCIAL SALES.—Section the Food Stamp Act of 1977 (7 U.S.C. 2020(l)) 203C(a) of the Emergency Food Assistance is amended by striking ‘‘, and shall, upon (i) REPORT ON EFFECTS OF FOREIGN OWNER- Act of 1983 (7 U.S.C. 612c note) is amended by completion of the audit, provide a report to SHIP OF AGRICULTURAL LAND.—Section 5(b) of striking the last sentence. Congress of its findings and recommenda- the Agricultural Foreign Investment Disclo- (l) REPORT ON WIC EXPENDITURES AND PAR- tions within one hundred and eighty days’’. sure Act of 1978 (7 U.S.C. 3504(b)) is amended TICIPATION LEVELS.—Section 17(m) of the (aa) REPORT ON RURAL TELEPHONE BANK.— to read as follows: Child Nutrition Act of 1966 (42 U.S.C. 1786(m)) Section 408(b)(3) of the Rural Electrification ‘‘(b) An analysis and determination shall is amended— Act of 1936 (7 U.S.C. 948(b)(3)) is amended by be made, and a report on the Secretary’s (1) by striking paragraphs (8) and (9); and striking out subparagraph (I) and redesignat- findings and conclusions regarding such (2) by redesignating paragraphs (10) and ing subparagraph (J) as subparagraph (I). analysis and determination under subsection (11) as paragraphs (8) and (9), respectively. SEC. 1012. REPORTS MODIFIED. (a) shall be transmitted within 90 days after (m) REPORT ON WIC MIGRANT SERVICES.— (a) REPORT ON ANIMAL WELFARE ENFORCE- the end of— Section 17 of the Child Nutrition Act of 1966 MENT.—The first sentence of section 25 of the ‘‘(1) the calendar year in which the Federal (42 U.S.C. 1786) is amended by striking sub- Animal Welfare Act (7 U.S.C. 2155) is amend- Report Elimination and Modification Act of section (j). ed— 1995 is enacted; and (n) REPORT ON DEMONSTRATIONS INVOLVING (1) by striking ‘‘and’’ at the end of para- ‘‘(2) the calendar year which occurs every INNOVATIVE HOUSING UNITS.—Section 506(b) graph (3); ten years thereafter.’’. March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3625

CHAPTER 2—DEPARTMENT OF (b) REPORT ON EXPORT POLICY.—Section Rehabilitation Act of 1973 (20 U.S.C. 777a(c) COMMERCE 2314(b)(1) of the Export Enhancement Act of is amended— 1988 (15 U.S.C. 4729(b)(1)) is amended— (1) by striking paragraph (3); and SEC. 1021. REPORTS ELIMINATED. (1) in subparagraph (E) by striking out (2) by redesignating paragraph (4) as para- (a) REPORT ON VOTING REGISTRATION.—Sec- ‘‘and’’ after the semicolon; graph (3). tion 207 of the Voting Rights Act of 1965 (42 (2) in subparagraph (F) by striking out the (e) REPORT ON THE CLIENT ASSISTANCE PRO- U.S.C. 1973aa–5) is repealed. period and inserting in lieu thereof a semi- GRAM.—Subsection (g) of section 112 of the (b) REPORT ON ESTIMATE OF SPECIAL AGRI- colon; and Rehabilitation Act of 1973 (20 U.S.C. 732(g)) is CULTURAL WORKERS.—Section 210A(b)(3) of (3) by adding at the end thereof the follow- amended— the Immigration and Nationality Act (8 ing new subparagraphs: (1) by striking paragraphs (4) and (5); and U.S.C. 1161(b)(3)) is repealed. ‘‘(G) the status, activities, and effective- (2) in paragraph (6), by striking ‘‘such re- (c) REPORT ON LONG RANGE PLAN FOR PUB- ness of the United States commercial centers port or for any other’’ and inserting ‘‘any’’. LIC BROADCASTING.—Section 393A(b) of the established under section 401 of the Jobs (f) REPORT ON THE SUMMARY OF LOCAL Communications Act of 1934 (47 U.S.C. Through Exports Act of 1992 (15 U.S.C. 4723a); EVALUATIONS OF COMMUNITY EDUCATION EM- 393a(b)) is repealed. ‘‘(H) the implementation of sections 301 PLOYMENT CENTERS.—Section 370 of the Carl (d) REPORT ON TATUS CTIVITIES AND F and 302 of the Freedom for Russia and S , A , E - D. Perkins Vocational and Applied Tech- FECTIVENESS OF UNITED STATES COMMERCIAL Emerging Democracies and Open Markets nology Act (20 U.S.C. 2396h) is amended— CENTERS IN ASIA, LATIN AMERICA, AND AFRICA Support Act of 1992 (22 U.S.C. 5821 and 5822) (1) in the section heading, by striking AND PROGRAM RECOMMENDATIONS.—Section concerning American Business Centers and ‘‘AND REPORT’’; 401(j) of the Jobs Through Exports Act of 1992 the Independent States Business and Agri- (2) in subsection (a), by striking ‘‘(a) LOCAL (15 U.S.C. 4723a(j)) is repealed. culture Advisory Council; EVALUATION.—’’; and (e) REPORT ON KUWAIT RECONSTRUCTION ‘‘(I) the programs of other industrialized (3) by striking subsection (b). CONTRACTS.—Section 606(f) of the Persian nations to assist their companies with their (g) REPORT ON THE ADMINISTRATION OF THE Gulf Conflict Supplemental Authorization efforts to transact business in the independ- VOCATIONAL EDUCATION ACT OF 1917.—Section and Personnel Benefits Act of 1991 is re- ent states of the former Soviet Union; and 18 of the Vocational Education Act of 1917 (20 pealed. ‘‘(J) the trading practices of other Organi- zation for Economic Cooperation and Devel- U.S.C. 28) is repealed. (f) REPORT ON UNITED STATES-CANADA FREE opment nations, as well as the pricing prac- (h) REPORT BY THE INTERDEPARTMENTAL TRADE AGREEMENT.—Section 409(a)(3)(B) of tices of transitional economies in the inde- ASK ORCE ON OORDINATING OCATIONAL the United States-Canada Free-Trade Agree- T F C V pendent states, that may disadvantage Unit- ment Implementation Act of 1988 (19 U.S.C. EDUCATION AND RELATED PROGRAMS.—Sub- ed States companies.’’. 2112 note) is amended to read as follows: section (d) of section 4 of the Carl D. Perkins ‘‘(3) The United States members of the CHAPTER 3—DEPARTMENT OF DEFENSE Vocational and Applied Technology Edu- working group established under article 1907 SEC. 1031. REPORTS ELIMINATED. cation Act Amendments of 1990 (20 U.S.C. of the Agreement shall consult regularly (a) REPORT ON SEMATECH.—Section 274 of 2303(d)) is repealed. with the Committee on Finance of the Sen- The National Defense Authorization Act for (i) REPORT ON THE EVALUATION OF THE ate, the Committee on Ways and Means of Fiscal Years 1988 and 1989 (Public Law 100– GATEWAY GRANTS PROGRAM.—Subparagraph the House of Representatives, and advisory 180; 101 Stat. 1071) is amended— (B) of section 322(a)(3) of the Adult Edu- committees established under section 135 of (1) in section 6 by striking out the item re- cation Act (20 U.S.C. 1203a(a)(3)(B)) is amend- the Trade Act of 1974 regarding— lating to section 274; and ed by striking ‘‘and report the results of such ‘‘(A) the issues being considered by the (2) by striking out section 274. evaluation to the Committee on Education working group; and (b) REPORT ON REVIEW OF DOCUMENTATION and Labor of the House of Representatives ‘‘(B) as appropriate, the objectives and IN SUPPORT OF WAIVERS FOR PEOPLE ENGAGED and the Committee on Labor and Human Re- strategy of the United States in the negotia- IN ACQUISITION ACTIVITIES.— sources of the Senate’’. tions.’’. (1) IN GENERAL.—Section 1208 of the Na- (j) REPORT ON THE BILINGUAL VOCATIONAL tional Defense Authorization Act for Fiscal TRAINING PROGRAM.—Paragraph (3) of section (g) REPORT ON ESTABLISHMENT OF AMER- Year 1991 (10 U.S.C. 1701 note) is repealed. 441(e) of the Carl D. Perkins Vocational and ICAN BUSINESS CENTERS AND ON ACTIVITIES OF (2) CLERICAL AMENDMENT TO TABLE OF CON- Applied Technology Education Act (20 U.S.C. THE INDEPENDENT STATES BUSINESS AND AG- TENTS.—Section 2(b) of such Act is amended 2441(e)(3)) is amended by striking the last RICULTURE ADVISORY COUNCIL.—Section 305 of by striking out the item relating to section the Freedom for Russia and Emerging De- sentence thereof. 1208. mocracies and Open Markets Support Act of (k) REPORT ON ADVISORY COUNCILS.—Sec- 1992 (22 U.S.C. 5825) is repealed. CHAPTER 4—DEPARTMENT OF tion 448 of the General Education Provisions Act (20 U.S.C. 1233g) is repealed. (h) REPORT ON FISHERMAN’S CONTINGENCY EDUCATION SEC. 1041. REPORTS ELIMINATED. FUND REPORT.—Section 406 of the Outer Con- SEC. 1042. REPORTS MODIFIED. (a) REPORT ON PERSONNEL REDUCTION AND tinental Shelf Lands Act Amendments of (a) REPORT ON THE CONDITION OF BILINGUAL ANNUAL LIMITATIONS.—Subsection (a) of sec- 1978 (43 U.S.C. 1846) is repealed. EDUCATION IN THE NATION.—Section 6213 of tion 403 of the Department of Education Or- (i) REPORT ON USER FEES ON SHIPPERS.— the Augustus F. Hawkins-Robert T. Stafford ganization Act (20 U.S.C. 3463(a)) is amend- Section 208 of the Water Resources Develop- Elementary and Secondary School Improve- ed— ment Act of 1986 (33 U.S.C. 2236) is amended ment Amendments of 1988 (20 U.S.C. 3303 (1) in paragraph (2), by striking all begin- by— note) is amended— ning with ‘‘and shall,’’ through the end (1) striking subsection (b); and (1) in the section heading, by striking ‘‘RE- (2) redesignating subsections (c), (d), (e), thereof and inserting a period; and (2) by redesignating paragraph (3) as para- PORT ON’’ and inserting ‘‘INFORMATION and (f) as subsections (b), (c), (d), and (e), re- REGARDING’’; and spectively. graph (2). (b) REPORT ON PROJECTS FUNDED BY THE (2) by striking the matter preceding para- SEC. 1022. REPORTS MODIFIED. FUND FOR THE IMPROVEMENT AND REFORM OF graph (1) and inserting ‘‘The Secretary shall (a) REPORT ON FEDERAL TRADE PROMOTION SCHOOLS AND TEACHING.—Section 3232 of the collect data for program management and STRATEGIC PLAN.—Section 2312(f) of the Ex- Fund for the Improvement and Reform of accountability purposes regarding—’’. port Enhancement Act of 1988 (15 U.S.C. Schools and Teaching Act (20 U.S.C. 4832) is (b) REPORT TO CONGRESS ON THE STEWART 4727(f) is amended to read as follows: amended— B. MCKINNEY HOMELESS ASSISTANCE ACT.— ‘‘(f) REPORT TO THE CONGRESS.—The chair- (1) in the section heading, by striking Subsection (b) of section 724 of the Stewart person of the TPCC shall prepare and submit ‘‘AND REPORTING’’; B. McKinney Homeless Assistance Act (42 to the Committee on Banking, Housing, and (2) in subsection (a), by striking ‘‘(a) EXEM- U.S.C. 11434(b)) is amended by striking para- Urban Affairs of the Senate, and the Com- PLARY PROJECTS.—’’; and graph (4) and the first paragraph (5) and in- mittee on Foreign Affairs of the House of (3) by striking subsections (b) and (c). serting the following: Representatives, not later than September (c) REPORT ON THE SUCCESS OF FIRST AS- ‘‘(4) The Secretary shall prepare and sub- 30, 1995, and annually thereafter, a report de- SISTED PROGRAMS IN IMPROVING EDUCATION.— mit a report to the appropriate committees scribing— Section 6215 of the Augustus F. Hawkins- of the Congress at the end of every other fis- ‘‘(1) the strategic plan developed by the Robert T. Stafford Elementary and Second- cal year. Such report shall— TPCC pursuant to subsection (c), the imple- ary School Improvement Amendments of ‘‘(A) evaluate the programs and activities mentation of such plan, and any revisions 1988 (20 U.S.C. 4832 note) is amended— assisted under this part; and thereto; and (1) by amending the section heading to ‘‘(B) contain the information received from ‘‘(2) the implementation of sections 303 and read as follows: the States pursuant to section 722(d)(3).’’. 304 of the Freedom for Russia and Emerging ‘‘SEC. 6215. EXEMPLARY PROJECTS.’’; (c) REPORT TO GIVE NOTICE TO CONGRESS.— Democracies and Open Markets Support Act (2) in subsection (a), by striking ‘‘(a) EXEM- Subsection (d) of section 482 of the Higher of 1992 (22 U.S.C. 5823 and 5824) concerning PLARY PROJECTS.—’’; and Education Act of 1965 (20 U.S.C. 1089(d)) is funding for export promotion activities and (3) by striking subsections (b) and (c). amended— the interagency working groups on energy of (d) REPORT ON SUPPORTED EMPLOYMENT AC- (1) in the first sentence by striking ‘‘the the TPCC.’’. TIVITIES.—Subsection (c) of section 311 of the items specified in the calendar have been S 3626 CONGRESSIONAL RECORD — SENATE March 7, 1995 completed and provide all relevant forms, CHAPTER 5—DEPARTMENT OF ENERGY (D) by adding at the end the following new rules, and instructions with such notice’’ and paragraph: SEC. 1051. REPORTS ELIMINATED. inserting ‘‘a deadline included in the cal- ‘‘(6) the information required under section (a) REPORTS ON PERFORMANCE AND DIS- endar described in subsection (a) is not met’’; 133(c).’’. POSAL OF ALTERNATIVE FUELED HEAVY DUTY and (2) Section 133(c) of the Energy Policy Act VEHICLES.—Paragraphs (3) and (4) of section of 1992 (42 U.S.C. 6350(c)) is amended— (2) by striking the second sentence. 400AA(b) of the Energy Policy and Conserva- (A) by striking, ‘‘October 24, 1992’’ and in- (d) ANNUAL REPORT ON ACTIVITIES UNDER tion Act (42 U.S.C. 6374(b)(3), 6374(b)(4)) are serting ‘‘October 24, 1995’’; and THE REHABILITATION ACT OF 1973.—Section 13 repealed. (B) by inserting ‘‘as part of the report re- of the Rehabilitation Act of 1973 (20 U.S.C. (b) REPORT ON WIND ENERGY SYSTEMS.— quired under section 132(d),’’ after ‘‘and bien- 712) is amended by striking ‘‘twenty’’ and in- Section 9(a)(3) of the Wind Energy Systems nially thereafter,’’. serting ‘‘eighty’’. Act of 1980 (42 U.S.C. 9208(a)(3)) is repealed. (b) REPORT ON AGENCY REQUESTS FOR WAIV- (e) REPORT TO THE CONGRESS REGARDING (c) REPORT ON COMPREHENSIVE PROGRAM ER FROM FEDERAL ENERGY MANAGEMENT RE- REHABILITATION TRAINING PROGRAMS.—The MANAGEMENT PLAN FOR OCEAN THERMAL EN- QUIREMENTS.—Section 543(b)(2) of the Na- second sentence of section 302(c) of the Reha- ERGY CONVERSION.—Section 3(d) of the Ocean tional Energy Conservation Policy Act (42 bilitation Act of 1973 (20 U.S.C. 774(c)) is Thermal Energy Conversion Research, De- U.S.C. 8253(b)(2)) is amended— amended by striking ‘‘simultaneously with velopment, and Demonstration Act (42 U.S.C. (1) by inserting ‘‘, as part of the report re- the budget submission for the succeeding fis- 9002(d)) is repealed. quired under section 548(b),’’ after ‘‘the Sec- cal year for the Rehabilitation Services Ad- (d) REPORTS ON SUBSEABED DISPOSAL OF retary shall’’; and SPENT NUCLEAR FUEL AND HIGH-LEVEL RA- ministration’’ and inserting ‘‘by September (2) by striking ‘‘promptly’’. DIOACTIVE WASTE.—Subsections (a) and (b)(5) 30 of each fiscal year’’. (c) REPORT ON THE PROGRESS, STATUS, AC- of section 224 of the Nuclear Waste Policy (f) REPORT PREPARED BY THE DEPARTMENT TIVITIES, AND RESULTS OF PROGRAMS REGARD- Act of 1982 (42 U.S.C. 10204(a), 10204(b)(5)) are OF THE INTERIOR ON INDIAN CHILDREN AND THE ING THE PROCUREMENT AND IDENTIFICATION OF repealed. BILINGUAL EDUCATION ACT.— ENERGY EFFICIENT PRODUCTS.—Section 161(d) (e) REPORT ON FUEL USE ACT.—Sections (1) REPEAL.—Subsection (c) of section 7022 of the Energy Policy Act of 1992 (42 U.S.C. 711(c)(2) and 806 of the Powerplant and Indus- of the Bilingual Education Act (20 U.S.C. 8262g(d)) is amended by striking ‘‘of each trial Fuel Use Act of 1978 (42 U.S.C. 8421(c)(2), 3292) is repealed. year thereafter,’’; and inserting ‘‘thereafter 8482) are repealed. (2) ANNUAL REPORT.—Paragraph (3) of sec- as part of the report required under section (f) REPORT ON TEST PROGRAM OF STORAGE tion 7051(b)(3) of the Bilingual Education Act 548(b) of the National Energy Conservation OF REFINED PETROLEUM PRODUCTS WITHIN (20 U.S.C. 3331(b)(3)) is amended— Policy Act,’’. THE STRATEGIC PETROLEUM RESERVE.—Sec- (A) in subparagraph (D), by striking ‘‘and’’ (d) REPORT ON THE FEDERAL GOVERNMENT tion 160(g)(7) of the Energy Policy and Con- after the semicolon; ENERGY MANAGEMENT PROGRAM.—Section servation Act (42 U.S.C. 6240(g)(7)) is re- (B) in subparagraph (E), by striking the pe- 548(b) of the National Energy Conservation pealed. riod and inserting a semicolon; and Policy Act (42 U.S.C. 8258(b)) is amended— (g) REPORT ON NAVAL PETROLEUM AND OIL (1) in paragraph (1)— (C) by adding at the end the following new SHALE RESERVES PRODUCTION.—Section 7434 (A) in subparagraph (A), by striking ‘‘and’’ subparagraphs: of title 10, United States Code, is repealed. after the semicolon; ‘‘(F) the needs of the Indian children with (h) REPORT ON EFFECTS OF PRESIDENTIAL (B) by redesignating subparagraph (B) as respect to the purposes of this title in MESSAGE ESTABLISHING A NUCLEAR NON- subparagraph (C); and schools operated or funded by the Depart- PROLIFERATION POLICY ON NUCLEAR RESEARCH (C) by inserting after subparagraph (A) the ment of the Interior, including those tribes AND DEVELOPMENT COOPERATIVE AGREE- following new subparagraph: and local educational agencies receiving as- MENTS.—Section 203 of the Department of ‘‘(B) the information required under sec- sistance under the Johnson-O’Malley Act (25 Energy Act of 1978—Civilian Applications (22 tion 543(b)(2); and’’; U.S.C. 452 et seq.); and U.S.C. 2429 note) is repealed. (2) in paragraph (2), by striking ‘‘and’’ ‘‘(G) the extent to which the needs de- (i) REPORT ON WRITTEN AGREEMENTS RE- after the semicolon; scribed in subparagraph (F) are being met by GARDING NUCLEAR WASTE REPOSITORY (3) in paragraph (3), by striking the period SITES.—Section 117(c) of the Nuclear Waste funds provided to such schools for edu- at the end and inserting ‘‘; and’’; and Policy Act of 1982 (42 U.S.C. 10137(c)) is cational purposes through the Secretary of (4) by adding at the end the following new amended by striking the following: ‘‘If such the Interior.’’. paragraph: written agreement is not completed prior to (g) ANNUAL EVALUATION REPORTS.—Section ‘‘(4) the information required under section the expiration of such period, the Secretary 417 of the General Education Provisions Act 161(d) of the Energy Policy Act of 1992.’’. shall report to the Congress in writing not (20 U.S.C. 1226c) is amended— (e) REPORT ON ALTERNATIVE FUEL USE BY later than 30 days after the expiration of (1) in the section heading, by striking ‘‘AN- SELECTED FEDERAL VEHICLES.—Section such period on the status of negotiations to NUAL’’ and inserting ‘‘BIENNIAL’’; and 400AA(b)(1)(B) of the Energy Policy and Con- develop such agreement and the reasons why (2) in subsection (a)— servation Act (42 U.S.C. 6374(b)(1)(B)) is such agreement has not been completed. (A) by striking ‘‘December’’ and inserting amended by striking ‘‘and annually there- Prior to submission of such report to the ‘‘March’’; after’’. Congress, the Secretary shall transmit such (B) by striking ‘‘each year,’’ and inserting (f) REPORT ON THE OPERATION OF STATE EN- report to the Governor of such State or the ‘‘every other year’’; and ERGY CONSERVATION PLANS.—Section 365(c) of governing body of such affected Indian tribe, (C) by striking ‘‘an annual’’ and inserting the Energy Policy and Conservation Act (42 as the case may be, for their review and com- U.S.C. 6325(c)) is amended by striking ‘‘re- ‘‘a biennial’’; ments. Such comments shall be included in port annually’’ and inserting ‘‘, as part of the (3) in subparagraph (B), by striking ‘‘pre- such report prior to submission to the Con- report required under section 657 of the De- vious fiscal year’’ and inserting ‘‘2 preceding gress.’’. partment of Energy Organization Act, re- fiscal years’’; and (j) QUARTERLY REPORT ON STRATEGIC PE- port’’. (4) in subparagraph (C), by striking ‘‘pre- TROLEUM RESERVES.—Section 165(b) of the (g) REPORT ON THE DEPARTMENT OF EN- vious fiscal year’’ and inserting ‘‘2 preceding Energy Policy and Conservation Act (42 ERGY.—Section 657 of the Department of En- fiscal years’’. U.S.C. 6245(b)) is repealed. ergy Organization Act (42 U.S.C. 7267) is (h) ANNUAL AUDIT OF STUDENT LOAN INSUR- (k) REPORT ON THE DEPARTMENT OF EN- amended by inserting after ‘‘section 15 of the ANCE FUND.—Section 432(b) of the Higher ERGY.—The Federal Energy Administration Federal Energy Administration Act of 1974,’’ Education Act of 1965 (20 U.S.C. 1082(b)) is Act of 1974 (15 U.S.C. 790d), is amended by the following: ‘‘section 365(c) of the Energy amended to read as follows: striking out section 55. Policy and Conservation Act, section 304(c) ‘‘(b) FINANCIAL OPERATIONS RESPONSIBIL- SEC. 1052. REPORTS MODIFIED. of the Nuclear Waste Policy Act of 1982,’’. ITIES.—The Secretary shall, with respect to (a) REPORTS ON PROCESS-ORIENTED INDUS- (h) REPORT ON COST-EFFECTIVE WAYS TO the financial operations arising by reason of TRIAL ENERGY EFFICIENCY AND INDUSTRIAL IN- INCREASE HYDROPOWER PRODUCTION AT FED- this part prepare annually and submit a SULATION AUDIT GUIDELINES.— ERAL WATER FACILITIES.—Section 2404 of the budget program as provided for wholly (1) Section 132(d) of the Energy Policy Act Energy Policy Act of 1992 (16 U.S.C. 797 note) owned Government corporations by chapter of 1992 (42 U.S.C. 6349(d)) is amended— is amended— 91 of title 31, United States Code. The trans- (A) in the language preceding paragraph (1) in subsection (a), by striking ‘‘The Sec- actions of the Secretary, including the set- (1), by striking ‘‘Not later than 2 years after retary, in consultation with the Secretary of tlement of insurance claims and of claims October 24, 1992, and annually thereafter’’ the Interior and the Secretary of the Army,’’ for payments pursuant to section 1078 of this and inserting ‘‘Not later than October 24, and inserting ‘‘The Secretary of the Interior title, and transactions related thereto and 1995, and biennially thereafter’’; and the Secretary of the Army, in consulta- vouchers approved by the Secretary in con- (B) in paragraph (4), by striking ‘‘and’’ at tion with the Secretary,’’; and nection with such transactions, shall be final the end; (2) in subsection (b), by striking ‘‘the Sec- and conclusive upon all accounting and other (C) in paragraph (5), by striking the period retary’’ and inserting ‘‘the Secretary of the officers of the Government.’’. at the end and inserting ‘‘; and’’; and Interior, or the Secretary of the Army,’’. March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3627

(i) REPORT ON PROGRESS MEETING FUSION ‘‘BIANNUAL REPORT (c) REPORT ON PHASE I OF THE HIGH PLAINS ENERGY PROGRAM OBJECTIVES.—Section ‘‘SEC. 239. The Surgeon General shall trans- STATES GROUNDWATER DEMONSTRATION 2114(c)(5) of the Energy Policy Act of 1992 (42 mit to the Secretary, for submission to the PROJECT.—Section 3(d) of the High Plains U.S.C. 13474(c)(5)) is amended by striking out Congress, on January 1, 1995, and on January States Groundwater Demonstration Program the first sentence and inserting in lieu there- 1, every 2 years thereafter, a full report of Act of 1983 (43 U.S.C. 390g–1(d)) is repealed. of ‘‘The President shall include in the budget the administration of the functions of the (d) REPORT ON RECLAMATION REFORM ACT submitted to the Congress each year under Service under this Act, including a detailed COMPLIANCE.—Section 224(g) of the Reclama- section 1105 of title 31, United States Code, a statement of receipts and disbursements.’’. tion Reform Act of 1982 (43 U.S.C. 390ww(g)) report prepared by the Secretary describing (b) REPORT ON HEALTH SERVICE RESEARCH is amended by striking the last 2 sentences. the progress made in meeting the program ACTIVITIES.—Subsection (b) of section 494A of (e) REPORT ON GEOLOGICAL SURVEYS CON- objectives, milestones, and schedules estab- the Public Health Service Act (42 U.S.C. DUCTED OUTSIDE THE DOMAIN OF THE UNITED lished in the management plan.’’. 289c–1(b)) is amended by striking ‘‘September STATES.—Section 2 of Public Law 87–626 (43 (j) REPORT ON HIGH-PERFORMANCE COMPUT- 30, 1993, and annually thereafter’’ and insert- U.S.C. 31(c)) is repealed. ING ACTIVITIES.—Section 203(d) of the High- ing ‘‘December 30, 1993, and each December (f) REPORT ON RECREATION USE FEES.—Sec- Performance Computing Act of 1991 (15 30 thereafter’’. tion 4(h) of the Land and Water Conservation U.S.C. 5523(d)) is amended to read as follows: (c) REPORT ON FAMILY PLANNING.—Section Fund Act of 1965 (16 U.S.C. 460l–6a(h)) is re- ‘‘(d) REPORTS.—Not later than 1 year after 1009(a) of the Public Health Service Act (42 pealed. the date of enactment of this subsection, and U.S.C. 300a–7(a)) is amended by striking (g) REPORT ON FEDERAL SURPLUS REAL thereafter as part of the report required ‘‘each fiscal year’’ and inserting ‘‘fiscal year PROPERTY PUBLIC BENEFIT DISCOUNT PRO- under section 101(a)(3)(A), the Secretary of 1995, and each second fiscal year there- GRAM FOR PARKS AND RECREATION.—Section Energy shall report on activities taken to after,’’. 203(o)(1) of the Federal Property and Admin- carry out this Act.’’. (d) REPORT ON THE STATUS OF HEALTH IN- istrative Services Act of 1949 (40 U.S.C. (k) REPORT ON NATIONAL HIGH-PERFORM- FORMATION AND HEALTH PROMOTION.—Section 484(o)(1)) is amended by striking ‘‘subsection ANCE COMPUTING PROGRAM.—Section 101(a)(4) 1705(a) of the Public Health Service Act (42 (k) of this section and’’. of the High-Performance Computing Act of U.S.C. 300u–4) is amended in the first sen- 1991 (15 U.S.C. 5511(a)(4)) is amended— tence by striking out ‘‘annually’’ and insert- SEC. 1082. REPORTS MODIFIED. (1) in subparagraph (D), by striking ‘‘and’’ ing in lieu thereof ‘‘biannually’’. (a) REPORT ON LEVELS OF THE OGALLALA at the end; CHAPTER 7—DEPARTMENT OF HOUSING AQUIFER.—Title III of the Water Resources (2) by redesignating subparagraph (E) as AND URBAN DEVELOPMENT Research Act of 1984 (42 U.S.C. 10301 note) is subparagraph (F); and SEC. 1071. REPORTS ELIMINATED. amended— (3) by inserting after subparagraph (D) the (a) REPORTS ON PUBLIC HOUSING HOME- (1) in section 306, by striking ‘‘annually’’ following new subparagraph: OWNERSHIP AND MANAGEMENT OPPORTUNI- and inserting ‘‘biennially’’; and ‘‘(E) include the report of the Secretary of TIES.—Section 21(f) of the United States (2) in section 308, by striking ‘‘intervals of Energy required by section 203(d); and’’. Housing Act of 1937 (42 U.S.C. 1437s(f)) is re- one year’’ and inserting ‘‘intervals of 2 (l) REPORT ON NUCLEAR WASTE DISPOSAL pealed. years’’. PROGRAM.—Section 304(d) of the Nuclear (b) INTERIM REPORT ON PUBLIC HOUSING (b) REPORT ON EFFECTS OF OUTER CON- Waste Policy Act of 1982 (42 U.S.C. 10224(d)) MIXED INCOME NEW COMMUNITIES STRATEGY TINENTAL SHELF LEASING ACTIVITIES ON is amended to read as follows: DEMONSTRATION.—Section 522(k)(1) of the HUMAN, MARINE, AND COASTAL ENVIRON- ‘‘(d) AUDIT BY GAO.—If requested by either Cranston-Gonzalez National Affordable MENTS.—Section 20(e) of the Outer Continen- House of the Congress (or any committee Housing Act (42 U.S.C. 1437f note) is repealed. tal Shelf Lands Act (43 U.S.C. 1346(e)) is thereof) or if considered necessary by the (c) BIENNIAL REPORT ON INTERSTATE LAND amended by striking ‘‘each fiscal year’’ and Comptroller General, the General Account- SALES REGISTRATION PROGRAM.—Section 1421 inserting ‘‘every 3 fiscal years’’. ing Office shall conduct an audit of the Of- of the Interstate Land Sales Full Disclosure fice, in accord with such regulations as the Act (15 U.S.C. 1719a) is repealed. CHAPTER 9—DEPARTMENT OF JUSTICE Comptroller General may prescribe. The (d) QUARTERLY REPORT ON ACTIVITIES SEC. 1091. REPORTS ELIMINATED. Comptroller General shall have access to UNDER THE FAIR HOUSING INITIATIVES PRO- (a) REPORT ON CRIME AND CRIME PREVEN- such books, records, accounts, and other ma- GRAM.—Section 561(e)(2) of the Housing and TION.—(1) Section 3126 of title 18, United terials of the Office as the Comptroller Gen- Community Development Act of 1987 (42 States Code, is repealed. eral determines to be necessary for the prep- U.S.C. 3616a(e)(2)) is repealed. (2) The table of sections for chapter 206 of aration of such audit. The Comptroller Gen- (e) COLLECTION OF AND ANNUAL REPORT ON title 18, United States Code, is amended by eral shall submit a report on the results of RACIAL AND ETHNIC DATA.—Section 562(b) of striking out the item relating to section each audit conducted under this section.’’. the Housing and Community Development 3126. CHAPTER 6—DEPARTMENT OF HEALTH Act of 1987 (42 U.S.C. 3608a(b)) is repealed. (b) REPORT ON DRUG INTERDICTION TASK AND HUMAN SERVICES SEC. 1072. REPORTS MODIFIED. FORCE.—Section 3301(a)(1)(C) of the National SEC. 1061. REPORTS ELIMINATED. (a) REPORT ON HOMEOWNERSHIP OF MULTI- Drug Interdiction Act of 1986 (21 U.S.C. 801 (a) REPORT ON THE EFFECTS OF TOXIC SUB- FAMILY UNITS PROGRAM.—Section 431 of the note; Public Law 99–570; 100 Stat. 3207–98) is STANCES.—Subsection (c) of section 27 of the Cranston-Gonzalez National Affordable repealed. Housing Act (42 U.S.C. 12880) is amended— Toxic Substance Control Act (15 U.S.C. (c) REPORT ON EQUAL ACCESS TO JUSTICE.— 2626(c)) is repealed. (1) in the section heading, by striking ‘‘AN- Section 2412(d)(5) of title 28, United States (b) REPORT ON COMPLIANCE WITH THE NUAL’’; and Code, is repealed. (2) by striking ‘‘The Secretary shall annu- CONSUMER-PATIENT RADIATION HEALTH AND (d) REPORT ON FEDERAL OFFENDER CHARAC- ally’’ and inserting ‘‘The Secretary shall no SAFETY ACT.—Subsection (d) of section 981 of TERISTICS.—Section 3624(f)(6) of title 18, Unit- the Consumer-Patient Radiation Health and later than December 31, 1995,’’. ed States Code, is repealed. (b) TRIENNIAL AUDIT OF TRANSACTIONS OF Safety Act of 1981 (42 U.S.C. 10006(d)) is re- (e) REPORT ON COSTS OF DEATH PENALTY.— pealed. NATIONAL HOMEOWNERSHIP FOUNDATION.— The Anti-Drug Abuse Act of 1988 (Public Law (c) REPORT ON EVALUATION OF TITLE VIII Section 107(g)(1) of the Housing and Urban 100–690; 102 Stat. 4395; 21 U.S.C. 848 note) is PROGRAMS.—Section 859 of the Public Health Development Act of 1968 (12 U.S.C. amended by striking out section 7002. 1701y(g)(1)) is amended by striking the last Service Act (42 U.S.C. 298b–6) is repealed. (f) MINERAL LANDS LEASING ACT.—Section (d) REPORT ON MODEL SYSTEM FOR PAYMENT sentence. 8B of the Mineral Lands Leasing Act (30 FOR OUTPATIENT HOSPITAL SERVICES.—Para- (c) REPORT ON LOW-INCOME HOME ENERGY U.S.C. 208–2) is repealed. ASSISTANCE PROGRAM.—Section 2605(h) of the graph (6) of section 1135(d) of the Social Se- (g) SMALL BUSINESS ACT.—Subsection (c) of curity Act (42 U.S.C. 1320b–5(d)(6)) is re- Low-Income Home Energy Assistance Act of section 10 of the Small Business Act (15 pealed. 1981 (Public Law 97–35; 42 U.S.C. 8624(h)), is U.S.C. 639(c)) is repealed. amended by striking out ‘‘(but not less fre- (e) REPORT ON MEDICARE TREATMENT OF (h) ENERGY POLICY AND CONSERVATION quently than every three years),’’. UNCOMPENSATED CARE.—Paragraph (2) of sec- ACT.—Section 252(i) of the Energy Policy tion 603(a) of the Social Security Amend- CHAPTER 8—DEPARTMENT OF THE Conservation Act (42 U.S.C. 6272(i)) is amend- ments of 1983 (42 U.S.C. 1395ww note) is re- INTERIOR ed by striking ‘‘, at least once every 6 pealed. SEC. 1081. REPORTS ELIMINATED. months, a report’’ and inserting ‘‘, at such (f) REPORT ON PROGRAM TO ASSIST HOME- (a) REPORT ON AUDITS IN FEDERAL ROYALTY intervals as are appropriate based on signifi- LESS INDIVIDUALS.—Subsection (d) of section MANAGEMENT SYSTEM.—Section 17(j) of the cant developments and issues, reports’’. 9117 of the Omnibus Budget Reconciliation Mineral Leasing Act (30 U.S.C. 226(j)) is (i) REPORT ON FORFEITURE FUND.—Section Act of 1987 (42 U.S.C. 1383 note) is repealed. amended by striking the last sentence. 524(c) of title 28, United States Code, is SEC. 1062. REPORTS MODIFIED. (b) REPORT ON DOMESTIC MINING, MINERALS, amended— (a) REPORT OF THE SURGEON GENERAL.— AND MINERAL RECLAMATION INDUSTRIES.— (1) by striking out paragraph (7); and Section 239 of the Public Health Service Act Section 2 of the Mining and Minerals Policy (2) by redesignating paragraphs (8) through (42 U.S.C. 238h) is amended to read as fol- Act of 1970 (30 U.S.C. 21a) is amended by (12) as paragraphs (7) through (11), respec- lows: striking the last sentence. tively. S 3628 CONGRESSIONAL RECORD — SENATE March 7, 1995 CHAPTER 10—DEPARTMENT OF LABOR CHAPTER 12—DEPARTMENT OF SEC. 1122. REPORTS MODIFIED. TRANSPORTATION (a) REPORT ON MAJOR ACQUISITION SEC. 1101. REPORTS ELIMINATED. SEC. 1121. REPORTS ELIMINATED. PROJECTS.—Section 337 of the Department of Section 408(d) of the Veterans Education (a) REPORT ON DEEPWATER PORT ACT OF Transportation and Related Agencies Appro- and Employment Amendments of 1989 (38 1974.—Section 20 of the Deepwater Port Act priations Act, 1993 (Public Law 102–338; 106 U.S.C. 4100 note) is repealed. of 1974 (33 U.S.C. 1519) is repealed. Stat. 1551) is amended— (1) by striking ‘‘quarter of any fiscal year SEC. 1102. REPORTS MODIFIED. (b) REPORT ON COAST GUARD LOGISTICS CA- PABILITIES CRITICAL TO MISSION PERFORM- beginning after December 31, 1992, unless the (a) REPORT ON THE ACTIVITIES CONDUCTED ANCE.—Sections 5(a)(2) and 5(b) of the Coast Commandant of the Coast Guard first sub- UNDER THE FAIR LABOR STANDARDS ACT OF Guard Authorization Act of 1988 (10 U.S.C. mits a quarterly report’’ and inserting ‘‘half 1938.—Section 4(d)(1) of the Fair Labor 2304 note) are repealed. of any fiscal year beginning after December Standards Act of 1938 (29 U.S.C. 204(d)(1)) is (c) REPORT ON MARINE PLASTIC POLLUTION 31, 1995, unless the Commandant of the Coast amended— RESEARCH AND CONTROL ACT OF 1987.—Sec- Guard first submits a semiannual report’’; (1) by striking ‘‘annually’’ and inserting tion 2201(a) of the Marine Plastic Pollution and ‘‘biannually’’; and Research and Control Act of 1987 (33 U.S.C. (2) by striking ‘‘quarter.’’ and inserting (2) by striking ‘‘preceding year’’ and in- 1902 note) is amended by striking ‘‘bienni- ‘‘half-fiscal year.’’. serting ‘‘preceding two years’’. ally’’ and inserting ‘‘triennially’’. (b) REPORT ON OIL SPILL LIABILITY TRUST (b) ANNUAL REPORT OF THE OFFICE OF (d) REPORT ON APPLIED RESEARCH AND FUND.—The quarterly report regarding the WORKERS’ COMPENSATION.— TECHNOLOGY PROGRAM.—Section 307(e)(11) of Oil Spill Liability Trust Fund required to be (1) REPORT ON THE ADMINISTRATION OF THE title 23, United States Code, is repealed. submitted to the House and Senate Commit- LONGSHORE AND HARBOR WORKERS’ COMPENSA- (e) REPORTS ON HIGHWAY SAFETY IMPROVE- tees on Appropriations under House Report TION ACT.—Section 42 of the Longshore and MENT PROGRAMS.— 101–892, accompanying the appropriations for Harbor Workers’ Compensation Act (33 (1) REPORT ON RAILWAY-HIGHWAY CROSSINGS the Coast Guard in the Department of Trans- U.S.C. 942) is amended— PROGRAM.—Section 130(g) of title 23, United portation and Related Agencies Appropria- (A) by striking ‘‘beginning of each’’ and all States Code, is amended by striking the last tions Act, 1991, shall be submitted not later that follows through ‘‘Amendments of 1984’’ 3 sentences. than 30 days after the end of the fiscal year and inserting ‘‘end of each fiscal year’’; and (2) REPORT ON HAZARD ELIMINATION PRO- in which this Act is enacted and annually (B) by adding the following new sentence GRAM.—Section 152(g) of title 23, United thereafter. at the end: ‘‘Such report shall include the States Code, is amended by striking the last (c) REPORT ON JOINT FEDERAL AND STATE annual reports required under section 426(b) 3 sentences. MOTOR FUEL TAX COMPLIANCE PROJECT.—Sec- (f) REPORT ON HIGHWAY SAFETY PERFORM- of the Black Lung Benefits Act (30 U.S.C. tion 1040(d)(1) of the Intermodal Surface ANCE—FATAL AND INJURY ACCIDENT RATES ON 936(b)) and section 8194 of title 5, United Transportation Efficiency Act of 1991 (23 PUBLIC ROADS IN THE UNITED STATES.—Sec- U.S.C. 101 note) is amended by striking ‘‘Sep- States Code, and shall be identified as the tion 207 of the Highway Safety Act of 1982 (23 tember 30 and’’. Annual Report of the Office of Workers’ U.S.C. 401 note) is repealed. (d) REPORT ON PUBLIC TRANSPORTATION.— Compensation Programs.’’. (g) REPORT ON HIGHWAY SAFETY PROGRAM Section 308(e)(1) of title 49, United States (2) REPORT ON THE ADMINISTRATION OF THE STANDARDS.—Section 402(a) of title 23, Unit- Code, is amended by striking ‘‘January of BLACK LUNG BENEFITS PROGRAM.—Section ed States Code, is amended by striking the each even-numbered year’’ and inserting 426(b) of the ‘‘Black Lung Benefits Act (30 fifth sentence. ‘‘March 1995, March 1996, and March of each U.S.C. 936(b)) is amended— (h) REPORT ON RAILROAD-HIGHWAY DEM- odd-numbered year thereafter’’. (A) by striking ‘‘Within’’ and all that fol- ONSTRATION PROJECTS.—Section 163(o) of the (e) REPORT ON NATION’S HIGHWAYS AND lows through ‘‘Congress the’’ and inserting Federal-Aid Highway Act of 1973 (23 U.S.C. BRIDGES.—Section 307(h) of title 23, United ‘‘At the end of each fiscal year, the’’; and 130 note) is repealed. States Code, is amended by striking ‘‘Janu- (B) by adding the following new sentence (i) REPORT ON UNIFORM RELOCATION ACT ary 1983, and in January of every second year at the end: ‘‘Each such report shall be pre- AMENDMENTS OF 1987.—Section 103(b)(2) of thereafter’’ and inserting ‘‘March 1995, pared and submitted to Congress in accord- the Uniform Relocation Assistance and Real March 1996, and March of each odd-numbered ance with the requirement with respect to Property Acquisition Policies Act of 1970 (42 year thereafter’’. submission under section 42 of the Longshore U.S.C. 4604(b)(2)) is repealed. CHAPTER 13—DEPARTMENT OF THE Harbor Workers’ Compensation Act (33 (j) REPORT ON FEDERAL RAILROAD SAFETY TREASURY U.S.C. 942).’’. ACT OF 1970.—Section 211 of the Federal Rail- SEC. 1131. REPORTS ELIMINATED. (3) REPORT ON THE ADMINISTRATION OF THE road Safety Act of 1970 (45 U.S.C. 440) is re- FEDERAL EMPLOYEES’ COMPENSATION ACT.—(A) pealed. (a) REPORT ON THE OPERATION AND STATUS Subchapter I of chapter 81 of title 5, United (k) REPORT ON RAILROAD FINANCIAL ASSIST- OF STATE AND LOCAL GOVERNMENT FISCAL AS- States Code, is amended by adding at the end ANCE.—Section 308(d) of title 49, United SISTANCE TRUST FUND.—Paragraph (8) of sec- thereof the following new section: States Code, is repealed. tion 14001(a) of the Consolidated Omnibus (l) REPORT ON USE OF ADVANCED TECH- Budget Reconciliation Act of 1985 (31 U.S.C. ‘‘§ 8152. Annual report NOLOGY BY THE AUTOMOBILE INDUSTRY.—Sec- 6701 note) is repealed. ‘‘The Secretary of Labor shall, at the end tion 305 of the Automotive Propulsion Re- (b) REPORT ON THE ANTIRECESSION PROVI- of each fiscal year, prepare a report with re- search and Development Act of 1978 (15 SIONS OF THE PUBLIC WORKS EMPLOYMENT spect to the administration of this chapter. U.S.C. 2704) is amended by striking the last ACT OF 1976.—Section 213 of the Public Works Such report shall be submitted to Congress sentence. Employment Act of 1976 (42 U.S.C. 6733) is re- in accordance with the requirement with re- (m) REPORT ON OBLIGATIONS.—Section 4(b) pealed. (c) REPORT ON THE ASBESTOS TRUST spect to submission under section 42 of the of the Federal Transit Act (49 U.S.C. App. FUND.—Paragraph (2) of section 5(c) of the Longshore Harbor Workers’ Compensation 1603(b)) is repealed. Asbestos Hazard Emergency Response Act of Act (33 U.S.C. 942).’’. (n) REPORT ON SUSPENDED LIGHT RAIL SYS- 1986 (20 U.S.C. 4022(c)) is repealed. (B) The table of sections for chapter 81 of TEM TECHNOLOGY PILOT PROJECT.—Section title 5, United States Code, is amended by in- 26(c)(11) of the Federal Transit Act (49 U.S.C. SEC. 1132. REPORTS MODIFIED. serting after the item relating to section 8151 App. 1622(c)(11)) is repealed. (a) REPORT ON THE WORLD CUP USA 1994 the following: (o) REPORT ON SAINT LAWRENCE SEAWAY COMMEMORATIVE COIN ACT.—Subsection (g) of DEVELOPMENT CORPORATION.—Section 10(a) of section 205 of the World Cup USA 1994 Com- ‘‘8152. Annual report.’’. the Act of May 13, 1954 (68 Stat. 96, chapter memorative Coin Act (31 U.S.C. 5112 note) is (c) ANNUAL REPORT ON THE DEPARTMENT OF 201; 33 U.S.C. 989(a)) is repealed. amended by striking ‘‘month’’ and inserting LABOR.—Section 9 of an Act entitled ‘‘An Act (p) REPORTS ON PIPELINES ON FEDERAL ‘‘calendar quarter’’. to create a Department of Labor’’, approved LANDS.—Section 28(w)(4) of the Mineral (b) REPORTS ON VARIOUS FUNDS.—Sub- March 4, 1913 (29 U.S.C. 560) is amended by Leasing Act (30 U.S.C. 185(w)(4)) is repealed. section (b) of section 321 of title 31, United striking ‘‘make a report’’ and all that fol- (q) REPORTS ON PIPELINE SAFETY.— States Code, is amended— lows through ‘‘the department’’ and insert- (1) REPORT ON NATURAL GAS PIPELINE SAFE- (1) by striking ‘‘and’’ at the end of para- ing ‘‘prepare and submit to Congress the fi- TY ACT OF 1968.—Section 16(a) of the Natural graph (5), Gas Pipeline Safety Act of 1968 (49 U.S.C. (2) by striking the period at the end of nancial statements of the Department that App. 1683(a)) is amended in the first sentence paragraph (6) and inserting ‘‘; and’’, and have been audited’’. by striking ‘‘of each year’’ and inserting ‘‘of (3) by adding after paragraph (6) the follow- CHAPTER 11—DEPARTMENT OF STATE each odd-numbered year’’. ing new paragraph: (2) REPORT ON HAZARDOUS LIQUID PIPELINE ‘‘(7) notwithstanding any other provision SEC. 1111. REPORTS ELIMINATED. SAFETY ACT OF 1979.—Section 213 of the Haz- of law, fulfill any requirement to issue a re- Section 8 of the Migration and Refugee As- ardous Liquid Pipeline Safety Act of 1979 (49 port on the financial condition of any fund sistance Act of 1962 (22 U.S.C. 2606) is amend- U.S.C. App. 2012) is amended in the first sen- on the books of the Treasury by including ed by striking subsection (b), and redesignat- tence by striking ‘‘of each year’’ and insert- the required information in a consolidated ing subsection (c) as subsection (b). ing ‘‘of each odd-numbered year’’. report, except that information with respect March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3629 to a specific fund shall be separately re- eral Water Pollution Control Act (33 U.S.C. (1) in the matter preceding clause (i), by ported if the Secretary determines that the 1324(d)) is amended— striking ‘‘including’’ and inserting ‘‘includ- consolidation of such information would re- (1) by striking paragraph (3); and ing information, presented in the aggregate, sult in an unwarranted delay in the avail- (2) by redesignating paragraph (4) as para- relating to’’; ability of such information.’’. graph (3). (2) in clause (i), by striking ‘‘the identity (c) REPORT ON THE JAMES MADISON-BILL OF (d) REPORT ON USE OF MUNICIPAL SECOND- of each person or entity’’ and inserting ‘‘the RIGHTS COMMEMORATIVE COIN ACT.—Sub- ARY EFFLUENT AND SLUDGE.—Section 516 of number of persons and entities’’; section (c) of section 506 of the James Madi- the Federal Water Pollution Control Act (33 (3) in clause (ii), by striking ‘‘such person son-Bill of Rights Commemorative Coin Act U.S.C. 1375) (as amended by subsection (g)) is or entity’’ and inserting ‘‘such persons and (31 U.S.C. 5112 note) is amended by striking further amended— entities’’; and out ‘‘month’’ and inserting in lieu thereof (1) by striking subsection (c); and (4) in clause (iii)— ‘‘calendar quarter’’. (2) by redesignating subsections (d) and (e) (A) by striking ‘‘fee’’ and inserting ‘‘fees’’; CHAPTER 14—DEPARTMENT OF as subsections (c) and (d), respectively. and VETERANS AFFAIRS (e) REPORT ON CERTAIN WATER QUALITY (B) by striking ‘‘such person or entity’’ and STANDARDS AND PERMITS.—Section 404 of the inserting ‘‘such persons and entities’’. SEC. 1141. REPORTS ELIMINATED. Water Quality Act of 1987 (Public Law 100–4; (a) REPORT ON FURNISHING CONTRACT CARE 33 U.S.C. 1375 note) is amended— CHAPTER 4—FEDERAL AVIATION SERVICES.—Section 1703(c) of title 38, United (1) by striking subsection (c); and ADMINISTRATION States Code, is repealed. (2) by redesignating subsection (d) as sub- SEC. 2041. REPORTS ELIMINATED. (b) REPORT ON ADEQUACY OF RATES FOR section (c). Section 7207(c)(4) of the Anti-Drug Abuse STATE HOME CARE.—Section 1741 of such title (f) REPORT ON CLASS V WELLS.—Section Act of 1988 (Public Law 100–690; 102 Stat. 4428; is amended— 1426 of title XIV of the Public Health Service 49 U.S.C. App. 1354 note) is amended— (1) by striking out subsection (c); and Act (commonly known as the ‘‘Safe Drinking (1) by striking out ‘‘GAO’’; and (2) by redesignating subsections (d) and (e) Water Act’’) (42 U.S.C. 300h–5) is amended— (2) by striking out ‘‘the Comptroller Gen- as subsections (c) and (d), respectively. (1) in subsection (a), by striking ‘‘(a) MON- eral’’ and inserting in lieu thereof ‘‘the De- (c) REPORT ON LOANS TO PURCHASE MANU- ITORING METHODS.—’’; and partment of Transportation Inspector Gen- FACTURED HOMES.—Section 3712 of such title (2) by striking subsection (b). eral’’. is amended— (g) REPORT ON SOLE SOURCE AQUIFER DEM- CHAPTER 5—FEDERAL COMMUNICATIONS (1) by striking out subsection (l); and ONSTRATION PROGRAM.—Section 1427 of title COMMISSION (2) by redesignating subsection (m) as sub- XIV of the Public Health Service Act (com- section (l). monly known as the ‘‘Safe Drinking Water SEC. 2051. REPORTS ELIMINATED. (d) REPORT ON LEVEL OF TREATMENT CAPAC- Act’’) (42 U.S.C. 300h–6) is amended— (a) REPORT TO THE CONGRESS UNDER THE ITY.—Section 8110(a)(3) of such title is (1) by striking subsection (l); and COMMUNICATIONS SATELLITE ACT OF 1962.— amended— (2) by redesignating subsections (m) and (n) Section 404(c) of the Communications Sat- (1) in subparagraph (A)— as subsections (l) and (m), respectively. ellite Act of 1962 (47 U.S.C. 744(c)) is repealed. (A) by striking out ‘‘(A)’’; and (h) REPORT ON SUPPLY OF SAFE DRINKING (b) REIMBURSEMENT FOR AMATEUR EXAM- (B) by redesignating clauses (i) and (ii) as WATER.—Section 1442 of title XIV of the Pub- INATION EXPENSES.—Section 4(f)(4)(J) of the subparagraphs (A) and (B), respectively; and lic Health Service Act (commonly known as Communications Act of 1934 (47 U.S.C. (2) by striking out subparagraph (B). the ‘‘Safe Drinking Water Act’’) (42 U.S.C. 154(f)(4)(J)) is amended by striking out the (e) REPORT ON COMPLIANCE WITH FUNDED 300h–6) is amended— last sentence. (1) by striking subsection (c); PERSONNEL CODING.— CHAPTER 6—FEDERAL DEPOSIT (2) by redesignating subsection (d) as sub- (1) REPEAL OF REPORT REQUIREMENT.—Sec- INSURANCE CORPORATION tion 8110(a)(4) of title 38, United States Code, section (c); and is amended by striking out subparagraph (C). (3) by redesignating subsections (f) and (g) SEC. 2061. REPORTS ELIMINATED. (2) CONFORMING AMENDMENTS.—Section as subsections (d) and (e), respectively. Section 102(b)(1) of the Federal Deposit In- 8110(a)(4) of title 38, United States Code, is (i) REPORT ON NONNUCLEAR ENERGY AND surance Corporation Improvement Act of amended by— TECHNOLOGIES.—Section 11 of the Federal 1991 (Public Law 102–242; 105 Stat. 2237; 12 (A) redesignating subparagraph (C) as sub- Nonnuclear Energy Research and Develop- U.S.C. 1825 note) is amended to read as fol- paragraph (D); ment Act of 1974 (42 U.S.C. 5910) is repealed. lows: (B) in subparagraph (A), by striking out (j) REPORT ON EMISSIONS AT COAL-BURNING ‘‘(1) QUARTERLY REPORTING.—Not later ‘‘subparagraph (D)’’ and inserting in lieu POWERPLANTS.— than 90 days after the end of any calendar thereof ‘‘subparagraph (C)’’; and (1) Section 745 of the Powerplant and In- quarter in which the Federal Deposit Insur- (C) in subparagraph (B), by striking out dustrial Fuel Use Act of 1978 (42 U.S.C. 8455) ance Corporation (hereafter in this section ‘‘subparagraph (D)’’ and inserting in lieu is repealed. referred to as the ‘Corporation’) has any ob- thereof ‘‘subparagraph (C)’’. (2) The table of contents in section 101(b) of ligations pursuant to section 14 of the Fed- eral Deposit Insurance Act outstanding, the Subtitle II—Independent Agencies such Act (42 U.S.C. prec. 8301) is amended by striking the item relating to section 745. Comptroller General of the United States CHAPTER 1—ACTION (k) 5-YEAR PLAN FOR ENVIRONMENTAL RE- shall submit a report on the Corporation’s SEC. 2011. REPORTS ELIMINATED. SEARCH, DEVELOPMENT, AND DEMONSTRA- compliance at the end of that quarter with Section 226 of the Domestic Volunteer TION.— section 15(c) of the Federal Deposit Insur- Service Act of 1973 (42 U.S.C. 5026) is amend- (1) Section 5 of the Environmental Re- ance Act to the Committee on Banking, ed— search, Development, and Demonstration Housing, and Urban Affairs of the Senate and (1) by striking subsection (b); and Authorization Act of 1976 (42 U.S.C. 4361) is the Committee on Banking, Finance and (2) in subsection (a)— repealed. Urban Affairs of the House of Representa- (A) in paragraph (2), by striking ‘‘(2)’’ and (2) Section 4 of the Environmental Re- tives. Such a report shall be included in the inserting ‘‘(b)’’; and search, Development, and Demonstration Comptroller General’s audit report for that (B) in paragraph (1)— Authorization Act of 1978 (42 U.S.C. 4361a) is year, as required by section 17 of the Federal (i) by striking ‘‘(1)(A)’’ and inserting ‘‘(1)’’; repealed. Deposit Insurance Act.’’. and (3) Section 8 of such Act (42 U.S.C. 4365) is CHAPTER 7—FEDERAL EMERGENCY (ii) in subparagraph (B)— amended— MANAGEMENT AGENCY (I) by striking ‘‘(B)’’ and inserting ‘‘(2)’’; (A) by striking subsection (c); and and (B) by redesignating subsections (d) SEC. 2071. REPORTS ELIMINATED. (II) by striking ‘‘subparagraph (A)’’ and in- through (i) as subsections (c) through (h), re- Section 201(h) of the Federal Civil Defense serting ‘‘paragraph (1)’’. spectively. Act of 1950 (50 U.S.C. App. 2281(h)) is amend- ed by striking the second proviso. CHAPTER 2—ENVIRONMENTAL (l) PLAN ON ASSISTANCE TO STATES FOR PROTECTION AGENCY RADON PROGRAMS.—Section 305 of the Toxic CHAPTER 8—FEDERAL RETIREMENT SEC. 2021. REPORTS ELIMINATED. Substances Control Act (15 U.S.C. 2665) is THRIFT INVESTMENT BOARD amended— (a) REPORT ON ALLOCATION OF WATER.—Sec- SEC. 2081. REPORTS ELIMINATED. tion 102 of the Federal Water Pollution Con- (1) by striking subsection (d); and Section 9503 of title 31, United States Code, trol Act (33 U.S.C. 1252) is amended by strik- (2) by redesignating subsections (e) and (f) is amended by adding at the end thereof the ing subsection (d). as subsections (d) and (e), respectively. following new subsection: (b) REPORT ON VARIANCE REQUESTS.—Sec- CHAPTER 3—EQUAL EMPLOYMENT ‘‘(c) The requirements of this section are tion 301(n) of the Federal Water Pollution OPPORTUNITY COMMISSION satisfied with respect to the Thrift Savings Control Act (33 U.S.C. 1311(n)) is amended by SEC. 2031. REPORTS MODIFIED. Plan described under subchapter III of chap- striking paragraph (8). Section 705(k)(2)(C) of the Civil Rights Act ter 84 of title 5, by preparation and trans- (c) REPORT ON IMPLEMENTATION OF CLEAN of 1964 (42 U.S.C. 2000e–4(k)(2)(C)) is amend- mission of the report described under section LAKES PROJECTS.—Section 314(d) of the Fed- ed— 8439(b) of such title.’’. S 3630 CONGRESSIONAL RECORD — SENATE March 7, 1995 CHAPTER 9—GENERAL SERVICES (1) in paragraph (2) by adding ‘‘and’’ after CHAPTER 19—OFFICE OF THRIFT ADMINISTRATION the semicolon; SUPERVISION SEC. 2091. REPORTS ELIMINATED. (2) in paragraph (3) by striking out ‘‘; and’’ SEC. 2191. REPORTS MODIFIED. (a) REPORT ON PROPERTIES CONVEYED FOR and inserting in lieu thereof a period; and Section 18(c)(6)(B) of the Federal Home HISTORIC MONUMENTS AND CORRECTIONAL FA- (3) by striking out paragraph (4). Loan Bank Act (12 U.S.C. 1438(c)(6)(B)) is CILITIES.—Section 203(o) of the Federal Prop- CHAPTER 16—NEIGHBORHOOD amended— erty and Administrative Services Act of 1949 REINVESTMENT CORPORATION (1) by striking out ‘‘annually’’; (40 U.S.C. 484(o)) is amended— (2) by striking out ‘‘audit, settlement,’’ (1) by striking out paragraph (1); SEC. 2161. REPORTS ELIMINATED. and inserting in lieu thereof ‘‘settlement’’; (2) by redesignating paragraphs (2) and (3) Section 607(c) of the Neighborhood Rein- and as paragraphs (1) and (2), respectively; and vestment Corporation Act (42 U.S.C. 8106(c)) (3) by striking out ‘‘, and the first audit’’ (3) in paragraph (2) (as so redesignated) by is amended by striking the second sentence. and all that follows through ‘‘enacted’’. striking out ‘‘paragraph (2)’’ and inserting in CHAPTER 20—PANAMA CANAL CHAPTER 17—NUCLEAR REGULATORY lieu thereof ‘‘paragraph (3)’’. COMMISSION (b) REPORT ON PROPOSED SALE OF SURPLUS COMMISSION REAL PROPERTY AND REPORT ON NEGOTIATED SEC. 2201. REPORTS ELIMINATED. SEC. 2171. REPORTS MODIFIED. SALES.—Section 203(e)(6) of the Federal (a) REPORTS ON PANAMA CANAL.—Section Property and Administrative Services Act of Section 208 of the Energy Reorganization 1312 of the Panama Canal Act of 1979 (Public 1949 (40 U.S.C. 484(e)(6)) is repealed. Act of 1974 (42 U.S.C. 5848) is amended by Law 96–70; 22 U.S.C. 3722) is repealed. (c) REPORT ON PROPERTIES CONVEYED FOR striking ‘‘each quarter a report listing for (b) TECHNICAL AND CONFORMING AMEND- WILDLIFE CONSERVATION.—Section 3 of the that period’’ and inserting ‘‘an annual report MENT.—The table of contents in section 1 of Act entitled ‘‘An Act authorizing the trans- listing for the previous fiscal year’’. such Act is amended by striking out the item relating to section 1312. fer of certain real property for wildlife, or CHAPTER 18—OFFICE OF PERSONNEL other purposes.’’, approved May 19, 1948 (16 MANAGEMENT CHAPTER 21—POSTAL SERVICE U.S.C. 667d; 62 Stat. 241) is amended by strik- SEC. 2211. REPORTS MODIFIED. ing out ‘‘and shall be included in the annual SEC. 2181. REPORTS ELIMINATED. (a) REPORT ON CONSUMER EDUCATION PRO- budget transmitted to the Congress’’. (a) REPORT ON CAREER RESERVED POSI- GRAMS.—Section 4(b) of the mail Order CHAPTER 10—INTERSTATE COMMERCE TIONS.—(1) Section 3135 of title 5, United Consumer Protection Amendments of 1983 (39 COMMISSION States Code, is repealed. U.S.C. 3001 note; Public Law 98–186; 97 Stat. SEC. 2101. REPORTS ELIMINATED. (2) The table of sections for chapter 31 of 1318) is amended to read as follows: Section 10327(k) of title 49, United States title 5, United States Code, is amended by ‘‘(b) A summary of the activities carried Code, is amended to read as follows: striking out the item relating to section out under subsection (a) shall be included in ‘‘(k) If an extension granted under sub- 3135. the first semiannual report submitted each section (j) is not sufficient to allow for com- (b) REPORT ON PERFORMANCE AWARDS.— year as required under section 5 of the In- pletion of necessary proceedings, the Com- Section 4314(d)(3) of title 5, United States spector General Act of 1978 (5 U.S.C. App.).’’. mission may grant a further extension in an Code, is repealed. (b) REPORT ON INVESTIGATIVE ACTIVITIES.— extraordinary situation if a majority of the (c) REPORT ON TRAINING PROGRAMS.—(1) Section 3013 of title 39, United States Code, Commissioners agree to the further exten- Section 4113 of title 5, United States Code, is is amended in the last sentence by striking sion by public vote.’’. repealed. out ‘‘the Board shall transmit such report to (2) The table of sections for chapter 41 of CHAPTER 11—LEGAL SERVICES the Congress’’ and inserting in lieu thereof title 5, United States Code, is amended by CORPORATION ‘‘the information in such report shall be in- striking out the item relating to section cluded in the next semiannual report re- SEC. 2111. REPORTS MODIFIED. 4113. quired under section 5 of the Inspector Gen- Section 1009(c)(2) of the Legal Services (d) REPORT ON PREVAILING RATE SYSTEM.— eral Act of 1978 (5 U.S.C. App.)’’. Corporation Act (42 U.S.C. 2996h(c)(2)) is Section 5347 of title 5, United States Code, is CHAPTER 22—RAILROAD RETIREMENT amended by striking out ‘‘The’’ and insert- amended by striking out the fourth and fifth BOARD ing in lieu thereof ‘‘Upon request, the’’. sentences. CHAPTER 12—NATIONAL AERONAUTICS (e) REPORT ON ACTIVITIES OF THE MERIT SEC. 2221. REPORTS MODIFIED. AND SPACE ADMINISTRATION SYSTEMS PROTECTION BOARD AND THE OFFICE Section 502 of the Railroad Retirement SEC. 2121. REPORTS ELIMINATED. OF PERSONNEL MANAGEMENT.—Section 2304 of Solvency Act of 1983 (45 U.S.C. 231f–1) is Section 21(g) of the Small Business Act (15 title 5, United States Code, is amended— amended by striking ‘‘On or before July 1, U.S.C. 648(g)) is amended to read as follows: (1) in subsection (a) by striking out ‘‘(a)’’; 1985, and each calendar year thereafter’’ and inserting ‘‘As part of the annual report re- ‘‘(g) NATIONAL AERONAUTICS AND SPACE AD- and quired under section 22(a) of the Railroad Re- MINISTRATION AND INDUSTRIAL APPLICATION (2) by striking subsection (b). tirement Act of 1974 (45 U.S.C. 231u(a))’’. CENTERS.—The National Aeronautics and SEC. 2182. REPORTS MODIFIED. Space Administration and industrial applica- CHAPTER 23—THRIFT DEPOSITOR (a) REPORT ON SENIOR EXECUTIVE SERVICE tion centers supported by the National Aero- PROTECTION OVERSIGHT BOARD POSITIONS.—Section 3135(a) of title 5, United nautics and Space Administration are au- States Code, is amended— SEC. 2231. REPORTS MODIFIED. thorized and directed to cooperate with (1) in paragraph (1) by striking out ‘‘, and Section 21A(k)(9) of the Federal Home small business development centers partici- the projected number of Senior Executive Loan Bank Act (12 U.S.C. 1441a(k)(9)) is pating in the program.’’. Service positions to be authorized for the amended by striking out ‘‘the end of each CHAPTER 13—NATIONAL COUNCIL ON next 2 fiscal years, in the aggregate and by calendar quarter’’ and inserting in lieu DISABILITY agency’’; thereof ‘‘June 30 and December 31 of each SEC. 2131. REPORTS ELIMINATED. (2) by striking out paragraphs (3) and (8); calendar year’’. Section 401(a) of the Rehabilitation Act of and CHAPTER 24—UNITED STATES 1973 (29 U.S.C. 781(a)) is amended— (3) by redesignating paragraphs (4), (5), (6), INFORMATION AGENCY (1) by striking paragraph (9); and (7), (9), and (10) as paragraphs (3), (4), (5), (6), SEC. 2241. REPORTS ELIMINATED. (2) by redesignating paragraphs (10) and (7), and (8), respectively. Notwithstanding section 601(c)(4) of the (11) as paragraphs (9) and (10), respectively. (b) REPORT ON DISTRICT OF COLUMBIA RE- Foreign Service Act of 1980 (22 U.S.C. CHAPTER 14—NATIONAL SCIENCE TIREMENT FUND.—Section 145 of the District 4001(c)(4)), the reports otherwise required FOUNDATION of Columbia Retirement Reform Act (Public under such section shall not cover the activi- Law 96–122; 93 Stat. 882) is amended— SEC. 2141. REPORTS ELIMINATED. ties of the United States Information Agen- (1) in subsection (b)— (a) STRATEGIC PLAN FOR SCIENCE AND ENGI- cy. (A) in paragraph (1)— NEERING EDUCATION.—Section 107 of the Edu- (i) by striking out ‘‘(1)’’; Subtitle III—Reports by All Departments and cation for Economic Security Act (20 U.S.C. (ii) by striking out ‘‘and the Comptroller Agencies 3917) is repealed. General shall each’’ and inserting in lieu SEC. 3001. REPORTS ELIMINATED. (b) BUDGET ESTIMATE.—Section 14 of the thereof ‘‘shall’’; and (a) REPORT ON PART-TIME EMPLOYMENT.— National Science Foundation Act of 1950 (42 (iii) by striking out ‘‘each’’; and (1) Section 3407 of title 5, United States Code, U.S.C. 1873) is amended by striking sub- (B) by striking out paragraph (2); and is repealed. section (j). (2) in subsection (d), by striking out ‘‘the (2) The table of sections for chapter 34 of CHAPTER 15—NATIONAL Comptroller General and’’ each place it ap- title 5, United States Code, is amended by TRANSPORTATION SAFETY BOARD pears. striking out the item relating to section SEC. 2151. REPORTS MODIFIED. (c) REPORT ON REVOLVING FUND.—Section 3407. Section 305 of the Independent Safety 1304(e)(6) of title 5, United States Code, is (b) BUDGET INFORMATION ON CONSULTING Board Act of 1974 (49 U.S.C. 1904) is amend- amended by striking out ‘‘at least once every SERVICES.—(1) Section 1114 of title 31, United ed— three years’’. States Code, is repealed. March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3631

(2) The table of sections for chapter 11 of SEC. . SENSE OF CONGRESS. ASSISTANCE FOR THE NEW INDEPENDENT title 31, United States Code, is amended by It is the sense of Congress that Congress STATES OF THE FORMER SOVIET UNION striking out the item relating to section should not enact or adopt any legislation (RESCISSION) 1114. that will increase the number of children Of the funds made available under this (c) SEMIANNUAL REPORT ON LOBBYING.— who are hungry or homeless. heading in Public Law 103–87 and Public Law Section 1352 of title 31, United States Code, f 103–306, $18,000,000 are rescinded, of which not is amended by— less than $12,000,000 shall be derived from (1) striking out subsection (d); and EMERGENCY SUPPLEMENTAL AP- funds allocated for Russia. (2) redesignating subsections (e), (f), (g), PROPRIATIONS AND RESCIS- and (h) as subsections (d), (e), (f), and (g), re- SIONS ACT spectively. GRAMM (AND HOLLINGS) (d) REPORTS ON PROGRAM FRAUD AND CIVIL AMENDMENT NO. 324 REMEDIES.—(1) Section 3810 of title 31, Unit- BINGAMAN (AND OTHERS) Mr. HATFIELD (for Mr. GRAMM for ed States Code, is repealed. AMENDMENT NO. 321 (2) The table of sections for chapter 38 of himself and Mr. HOLLINGS) proposed an title 31, United States Code, is amended by Mr. BINGAMAN (for himself, Mr. amendment to the bill H.R. 889, supra; striking out the item relating to section NUNN, Mr. LIEBERMAN, Mr. ROCKE- as follows: 3810. FELLER, Mr. KERREY, Mr. KENNEDY, and On page 25 of the Committee bill, strike (e) REPORT ON RIGHT TO FINANCIAL PRIVACY Mr. DODD) proposed an amendment to line 14 through line 12 on page 26, and insert ACT.—Section 1121 of the Right to Financial the bill, (H.R. 889) making emergency in lieu thereof the following: Privacy Act of 1978 (12 U.S.C. 3421) is re- supplemental appropriations and re- pealed. ‘‘DEPARTMENT OF JUSTICE scissions to preserve and enhance the (f) REPORT ON FOREIGN LOAN RISKS.—Sec- IMMIGRATION AND NATURALIZATION SERVICE military readiness of the Department tion 913(d) of the International Lending Su- IMMIGRATION EMERGENCY FUND pervision Act of 1983 (12 U.S.C. 3912(d)) is re- of Defense for the fiscal year ending (RESCISSION) pealed. September 30, 1995, and for other pur- Of the amounts made available under this (g) REPORT ON PLANS TO CONVERT TO THE poses; as follows: METRIC SYSTEM.—Section 12 of the Metric heading in Public Law 103–317, $10,000,000 are At the end of the amendment add the fol- rescinded. Conversion Act of 1975 (15 U.S.C. 205j–1) is re- lowing: pealed. SEC. 110. It is the sense of the Senate that DEPARTMENT OF COMMERCE (h) REPORT ON TECHNOLOGY UTILIZATION (1) cost-shared partnerships between the De- NATIONAL INSTITUTE OF STANDARDS AND AND INTELLECTUAL PROPERTY RIGHTS.—Sec- partment of Defense and the private sector TECHNOLOGY tion 11(f) of the Stevenson-Wydler Tech- to develop dual-use technologies (tech- INDUSTRIAL TECHNOLOGY SERVICES nology Innovation Act of 1980 (15 U.S.C. nologies that have applications both for de- (RESCISSION) 3710(f)) is repealed. fense and for commercial markets, such as (i) REPORT ON EXTRAORDINARY CONTRAC- computers, electronics, advanced materials, Of the amounts made available under this TUAL ACTIONS TO FACILITATE THE NATIONAL communications, and sensors) are increas- heading in Public Law 103–317 for the Ad- DEFENSE.—Section 4(a) of the Act entitled ingly important to ensure efficient use of de- vanced Technology Program, $32,000,000 are ‘‘An Act to authorize the making, amend- fense procurement resources, and (2) such rescinded. ment, and modification of contracts to fa- partnerships, including Sematech and the NATIONAL OCEANIC AND ATMOSPHERIC cilitate the national defense’’, approved Au- Technology Reinvestment Project, need to ADMINISTRATION gust 28, 1958 (50 U.S.C. 1434(a)), is amended by become the norm for conducting such ap- OPERATIONS, RESEARCH AND FACILITIES striking out ‘‘all such actions taken’’ and in- plied research by the Department of Defense. serting in lieu thereof ‘‘if any such action (RESCISSION) has been taken’’. Of the funds made available under this MCCAIN AMENDMENT NO. 322 (j) REPORTS ON DETAILING EMPLOYEES.— heading in Public Law 103–317, $2,500,000 are Section 619 of the Treasury, Postal Service, Mr. MCCAIN proposed an amendment rescinded. and General Government Appropriations to the bill H.R. 889, supra; as follows: NATIONAL TELECOMMUNICATIONS AND Act, 1993 (Public Law 102–393; 106 Stat. 1769), On page 21, line 9, strike out ‘‘$300,000,000’’ INFORMATION ADMINISTRATION is repealed. and insert in lieu thereof ‘‘$150,000,000’’. INFORMATION INFRASTRUCTURE GRANTS SEC. 3002. REPORTS MODIFIED. On page 22, line 15, strike out ‘‘$351,000,000’’ Section 552b(j) of title 5, United States and insert in lieu thereof ‘‘$653,000,000’’. (RESCISSION) Code, is amended to read as follows: Of the amounts made available under this ‘‘(j) Each agency subject to the require- heading in Public Law 103–317, $34,000,000 are MCCONNELL (AND OTHERS) rescinded. ments of this section shall annually report AMENDMENT NO. 323 to the Congress regarding the following: ECONOMIC DEVELOPMENT ‘‘(1) The changes in the policies and proce- Mr. HATFIELD (for Mr. MCCONNELL, ADMINISTRATION dures of the agency under this section that for himself, Mr. LEAHY, Mr. JEFFORDS, ECONOMIC DEVELOPMENT ASSISTANCE have occurred during the preceding 1-year and Mr. LAUTENBERG) proposed an PROGRAMS period. amendment to the bill H.R. 889, supra; (RESCISSION) ‘‘(2) A tabulation of the number of meet- as follows: ings held, the exemptions applied to close Of the amounts made available under this meetings, and the days of public notice pro- On page 27, between lines 6 and 7, insert heading in Public Law 103–317, $40,000,000 are vided to close meetings. the following: rescinded. ‘‘(3) A brief description of litigation or for- CONTRIBUTION TO THE INTERNATIONAL RELATED AGENCIES DEVELOPMENT ASSOCIATION mal complaints concerning the implementa- SMALL BUSINESS ADMINISTRATION tion of this section by the agency. (RESCISSION) SALARIES AND EXPENSES ‘‘(4) A brief explanation of any changes in Of the funds made available under this law that have affected the responsibilities of heading in Public Law 103–306, $70 million (RESCISSION) the agency under this section.’’. are rescinded. Of the funds made available under this Subtitle IV—Effective Date In lieu of the Committee amendment on heading in Public Law 103–317 for tree-plant- SEC. 4001. EFFECTIVE DATE. page 27, lines 21 through 25, insert the follow- ing grants pursuant to section 24 of the ing: Small Business Act, as amended, $15,000,000 Except as otherwise provided in this title, are rescinded. the provisions of this title and amendments DEVELOPMENT ASSISTANCE FUND made by this title shall take effect on the (RESCISSION) LEGAL SERVICES CORPORATION date of the enactment of this Act. Of the funds made available under this PAYMENT TO THE LEGAL SERVICES heading in Public Law 103–87 and Public Law CORPORATION WELLSTONE AMENDMENT NO. 320 103–306, $13,000,000 are rescinded. (RESCISSION) ASSISTANCE FOR EASTERN EUROPE AND THE Mr. WELLSTONE proposed an Of the funds made available under this BALTIC STATES heading in Public Law 103–317 for payment to amendment to the bill, S. 244, supra; as (RESCISSION) the Legal Services Corporation to carry out follows: Of the funds made available under this the purposes of the Legal Services Corpora- At the appropriate place, add the following heading in Public Law 103–87 and Public Law tion Act of 1974, as amended, $15,000,000 are new section: 103–306, $9,000,000 are rescinded. rescinded. S 3632 CONGRESSIONAL RECORD — SENATE March 7, 1995 DEPARTMENT OF STATE AND RELATED (5) Fidel Castro has defined democratic place where the property was situated when AGENCIES pluralism as ‘‘pluralistic garbage’’ and has the confiscation occurred; and DEPARTMENT OF STATE made clear that he has no intention of per- (B) without the claim to the property hav- mitting free and fair democratic elections in ing been settled pursuant to an international ADMINISTRATION OF FOREIGN AFFAIRS Cuba or otherwise tolerating the democra- claims settlement agreement. ACQUISITION AND MAINTENANCE OF BUILDINGS tization of Cuban society. (3) CUBAN GOVERNMENT.—The term ‘‘Cuban ABROAD (6) The Castro government, in an attempt government’’ includes the government of any (RESCISSION) to retain absolute political power, continues political subdivision, agency, or instrumen- Of unobligated balances available under to utilize, as it has from its inception, tor- tality of the Government of Cuba. this heading, $28,500,000 are rescinded. ture in various forms (including psychiatric (4) DEMOCRATICALLY ELECTED GOVERNMENT abuse), execution, exile, confiscation, politi- IN CUBA.—The term ‘‘democratically elected cal imprisonment, and other forms of terror government in Cuba’’ means a government HELMS (AND FAIRCLOTH) and repression as most recently dem- described in section l26. AMENDMENT NO. 325 onstrated by the massacre of more than 70 (5) ECONOMIC EMBARGO OF CUBA.—The term Mr. HELMS (for himself and Mr. Cuban men, women, and children attempting ‘‘economic embargo of Cuba’’ refers to the FAIRCLOTH) proposed an amendment to to flee Cuba. economic embargo imposed against Cuba the bill H.R. 889, supra; as follows: (7) The Castro government holds hostage in pursuant to section 620(a) of the Foreign As- Cuba innocent Cubans whose relatives have sistance Act of 1961 (22 U.S.C. 2370(a)), sec- At the end of title I, insert the following: escaped the country. tion 5(b) of the Trading With the Enemy Act SEC. 1 . FORT BRAGG, NORTH CAROLINA. (8) The Castro government has threatened (50 U.S.C. App. 5(b)), the International Emer- Notwithstanding any other law, for fiscal international peace and security by engaging gency Economic Powers Act, and the Export year 1995 and each fiscal year thereafter, the in acts of armed subversion and terrorism, Administration Act of 1979. Endangered Species Act of 1973 (16 U.S.C. such as the training and arming of groups (6) PROPERTY.—The term ‘‘property’’ 1531 et seq.) shall not apply with respect to dedicated to international violence. means— land under the jurisdiction of the Depart- (9) The Government of Cuba engages in il- (A) any property, right, or interest, includ- ment of the Army at Fort Bragg, North legal international narcotics trade and har- ing any leasehold interest, Carolina. bors fugitives from justice in the United (B) debts owed by a foreign government or States. by any enterprise which has been confiscated HELMS (AND OTHERS) (10) The totalitarian nature of the Castro by a foreign government; and regime has deprived the Cuban people of any (C) debts which are a charge on property AMENDMENT NO. 326 peaceful means to improve their condition confiscated by a foreign government. Mr. HELMS (for himself, Mr. DOLE, and has led thousands of Cuban citizens to (7) TRAFFICS.—The term ‘‘traffics’’ means Mr. MACK, Mr. COVERDELL, Mr. GRA- risk or lose their lives in dangerous attempts selling, transferring, distributing, dispens- HAM, Mr. D’AMATO, Mr. HATCH, Mr. to escape from Cuba to freedom. ing, or otherwise disposing of property, or (11) Attempts to escape from Cuba and cou- purchasing, receiving, possessing, obtaining GRAMM, Mr. THURMOND, Mr. FAIRCLOTH, rageous acts of defiance of the Castro regime control of, managing, or using property. Mr. GREGG, Mr. INHOFE, Mr. HOLLINGS, by Cuban pro-democracy and human rights (8) TRANSITION GOVERNMENT IN CUBA.—The Ms. SNOWE, Mr. KYL, Mr. THOMAS, Mr. groups have ensured the international com- term ‘‘transition government in Cuba’’ SMITH, Mr. LIEBERMAN, Mr. WARNER, munity’s continued awareness of, and con- means a government described in section Mr. NICKLES, and Mr. ROBB) proposed cern for, the plight of Cuba. l25. an amendment to the bill H.R. 889, (12) The Cuban people deserve to be as- (9) UNITED STATES PERSON.—The term supra; as follows: sisted in a decisive manner in order to end ‘‘United States person’’ means— the tyranny that has oppressed them for 36 (A) any United States citizen, including, in At the end of the bill, add the following: years. the context of claims to confiscated prop- TITLE l—CUBAN LIBERTY AND DEMO- (13) Radio Marti and Television Marti have erty, any person who becomes a United CRATIC SOLIDARITY (LIBERTAD) ACT OF both been effective vehicles for providing the States citizen after the property was con- 1995 people of Cuba with news and information fiscated but before final resolution of the SEC. l01. SHORT TITLE. and have helped to bolster the morale of the claim to that property; and This title may be cited as the ‘‘Cuban Lib- Cubans living under tyranny. (B) any corporation, trust, partnership, or erty and Democratic Solidarity (LIBERTAD) (14) The consistent policy of the United other juridical entity 50 percent or more ben- Act of 1995’’. States towards Cuba since the beginning of eficially owned by United States citizens. the Castro regime, carried out by both SEC. l02. FINDINGS. PART A—STRENGTHENING INTER- Democratic and Republican administrations, The Congress makes the following findings: NATIONAL SANCTIONS AGAINST THE has sought to keep faith with the people of (1) The economy of Cuba has experienced a CASTRO GOVERNMENT decline of approximately 60 percent in the Cuba, and has been effective in isolating the l last 5 years as a result of— totalitarian Castro regime. SEC. 11. STATEMENT OF POLICY. (A) the reduction in its subsidization by SEC. l03. PURPOSES. It is the sense of the Congress that— the former Soviet Union; The purposes of this title are— (1) the acts of the Castro government, in- (B) 36 years of Communist tyranny and (1) to strengthen international sanctions cluding its massive, systematic, and extraor- economic mismanagement by the Castro against the Castro government; dinary violations of human rights, are a government; (2) to encourage the holding of free and fair threat to international peace; (C) the precipitous decline in trade be- democratic elections in Cuba, conducted (2) the President should advocate, and tween Cuba and the countries of the former under the supervision of internationally rec- should instruct the United States Permanent Soviet bloc; and ognized observers; Representative to the United Nations to pro- (D) the policy of the Russian Government (3) to provide a policy framework for Unit- pose and seek within the Security Council a and the countries of the former Soviet bloc ed States support to the Cuban people in re- mandatory international embargo against to conduct economic relations with Cuba sponse to the formation of a transition gov- the totalitarian government of Cuba pursu- predominantly on commercial terms. ernment or a democratically elected govern- ant to chapter VII of the Charter of the Unit- (2) At the same time, the welfare and ment in Cuba; and ed Nations, which is similar to consultations health of the Cuban people have substan- (4) to protect the rights of United States conducted by United States representatives tially deteriorated as a result of Cuba’s eco- persons who own claims to confiscated prop- with respect to Haiti; and nomic decline and the refusal of the Castro erty abroad. (3) any resumption of efforts by any inde- regime to permit free and fair democratic SEC. l04. DEFINITIONS. pendent state of the former Soviet Union to elections in Cuba or to adopt any economic As used in this title— make operational the nuclear facility at or political reforms that would lead to de- (1) APPROPRIATE CONGRESSIONAL COMMIT- Cienfuegos, Cuba, will have a detrimental mocracy, a market economy, or an economic TEES.—The term ‘‘appropriate congressional impact on United States assistance to such recovery. committees’’ means the Committee on Inter- state. (3) The repression of the Cuban people, in- national Relations and the Committee on SEC. l12. ENFORCEMENT OF THE ECONOMIC EM- cluding a ban on free and fair democratic Appropriations of the House of Representa- BARGO OF CUBA. elections and the continuing violation of tives and the Committee on Foreign Rela- (a) POLICY.—(1) The Congress hereby reaf- fundamental human rights, has isolated the tions and the Committee on Appropriations firms section 1704(a) of the Cuban Democracy Cuban regime as the only nondemocratic of the Senate. Act of 1992, which states the President government in the Western Hemisphere. (2) CONFISCATED.—The term ‘‘confiscated’’ should encourage foreign countries to re- (4) As long as no such economic or political refers to the nationalization, expropriation, strict trade and credit relations with Cuba. reforms are adopted by the Cuban govern- or other seizure of ownership or control of (2) The Congress further urges the Presi- ment, the economic condition of the country property by governmental authority— dent to take immediate steps to apply the and the welfare of the Cuban people will not (A) without adequate and effective com- sanctions described in section 1704(b)(1) of improve in any significant way. pensation or in violation of the law of the such Act against countries assisting Cuba. March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3633

(b) DIPLOMATIC EFFORTS.—The Secretary of (1) The paid-in portion of the increase in Cuba does not pay appropriate transpor- State should ensure that United States dip- capital stock of the institution. tation, insurance, or finance costs.’’. lomatic personnel abroad understand and, in (2) The callable portion of the increase in (d) FACILITIES AT LOURDES, CUBA.—(1) The their contacts with foreign officials are— capital stock of the institution. Congress expresses its strong disapproval of (1) communicating the reasons for the (c) DEFINITION.—For purposes of this sec- the extension by Russia of credits equivalent United States economic embargo of Cuba; tion, the term ‘‘international financial insti- to $200,000,000 in support of the intelligence and tution’’ means the International Monetary facility at Lourdes, Cuba, in November 1994. (2) urging foreign governments to cooper- Fund, the International Bank for Recon- (2) Section 498A of the Foreign Assistance ate more effectively with the embargo. struction and Development, the Inter- Act of 1961 (22 U.S.C. 2295a) is amended by (c) EXISTING REGULATIONS.—The President national Development Association, the adding at the end the following new sub- shall instruct the Secretary of the Treasury International Finance Corporation, the Mul- section: and the Attorney General to enforce fully tilateral Investment Guaranty Agency, and ‘‘(d) REDUCTION IN ASSISTANCE FOR SUPPORT the Cuban Assets Control Regulations in the Inter-American Development Bank. OF MILITARY AND INTELLIGENCE FACILITIES IN part 515 of title 31, Code of Federal Regula- SEC. l15. UNITED STATES OPPOSITION TO READ- CUBA.—(1) Notwithstanding any other provi- tions. MISSION OF THE GOVERNMENT OF sion of law, the President shall withhold CUBA TO THE ORGANIZATION OF (d) VIOLATIONS OF RESTRICTIONS ON TRAVEL from assistance allocated for an independent AMERICAN STATES. TO CUBA.—The penalties provided for in sec- state of the former Soviet Union under this tion 16 of the Trading with the Enemy Act The President should instruct the United chapter an amount equal to the sum of as- States Permanent Representative to the Or- (50 U.S.C. App. 16) shall apply to all viola- sistance and credits, if any, provided by such ganization of American States to vote tions of the Cuban Assets Control Regula- state in support of military and intelligence against the readmission of the Government tions (part 515 of title 31, Code of Federal facilities in Cuba, such as the intelligence fa- of Cuba to membership in the Organization Regulations) involving transactions incident cility at Lourdes, Cuba. until the President determines under section to travel to and within Cuba. ‘‘(2) Nothing in this subsection may be con- l23(c) that a democratically elected govern- strued to apply to— SEC. l13. PROHIBITION AGAINST INDIRECT FI- ment in Cuba is in power. ‘‘(A) assistance provided under the Soviet NANCING OF CUBA. l SEC. 16. ASSISTANCE BY THE INDEPENDENT Nuclear Threat Reduction Act of 1991 (title (a) PROHIBITION.—Effective upon the date STATES OF THE FORMER SOVIET of enactment of this title, it is unlawful for UNION OF THE GOVERNMENT OF II of Public Law 102–228) or the Cooperative any United States person, including any offi- CUBA. Threat Reduction Act of 1993 (title XII of cer, director, or agent thereof and including (a) REPORTING REQUIREMENT.—Not later Public Law 103–160); or any officer or employee of a United States than 90 days after the date of enactment of ‘‘(B) assistance to meet urgent humani- agency, knowingly to extend any loan, cred- this title, the President shall submit to the tarian needs under section 498(1), including it, or other financing to a foreign person appropriate congressional committees a re- disaster assistance described in subsection that traffics in any property confiscated by port detailing progress towards the with- (c)(3) of this section.’’. the Cuban government the claim to which is drawal of personnel of any independent state SEC. l17. TELEVISION BROADCASTING TO CUBA. owned by a United States person. of the former Soviet Union (within the (a) CONVERSION TO UHF.—The Director of (b) TERMINATION OF PROHIBITION.—The pro- meaning of section 3 of the FREEDOM Sup- the United States Information Agency shall hibition of subsection (a) shall cease to apply port Act (22 U.S.C. 5801)), including advisers, implement a conversion of television broad- on the date of termination of the economic technicians, and military personnel, from casting to Cuba under the Television Marti embargo of Cuba. the Cienfuegos nuclear facility in Cuba. Service to ultra high frequency (UHF) broad- (c) PENALTIES.—Violations of subsection (b) CRITERIA FOR ASSISTANCE.—Section casting. (a) shall be punishable by the same penalties 498A(a)(11) of the Foreign Assistance Act of (b) PERIODIC REPORTS.—Not later than 45 as are applicable to similar violations of the 1961 (22 U.S.C. 2295a(a)(1)) is amended by days after the date of enactment of this Cuban Assets Control Regulations in part 515 striking ‘‘of military facilities’’ and insert- title, and every three months thereafter of title 31, Code of Federal Regulations. ing ‘‘military and intelligence facilities, in- until the conversion described in subsection (d) DEFINITIONS.—As used in this section— cluding the military and intelligence facili- (a) is fully implemented, the Director shall (1) the term ‘‘foreign person’’ means (A) an ties at Lourdes and Cienfuegos,’’. submit a report to the appropriate congres- alien, and (B) any corporation, trust, part- (c) INELIGIBILITY FOR ASSISTANCE.—(1) Sec- sional committees on the progress made in nership, or other juridical entity that is not tion 498A(b) of that Act (22 U.S.C. 2295a(b)) is carrying out subsection (a). 50 percent or more beneficially owned by amended— SEC. l18. REPORTS ON COMMERCE WITH, AND United States citizens; and (A) by striking ‘‘or’’ at the end of para- ASSISTANCE TO, CUBA FROM OTHER (2) the term ‘‘United States agency’’ has graph (4); FOREIGN COUNTRIES. the same meaning given to the term ‘‘agen- (B) by redesignating paragraph (5) as para- (a) REPORTS REQUIRED.—Not later than 90 cy’’ in section 551(1) of title 5, United States graph (6); and days after the date of enactment of this Code. (C) by inserting after paragraph (4) the fol- title, and every year thereafter, the Presi- SEC. l14. UNITED STATES OPPOSITION TO lowing: dent shall submit a report to the appropriate CUBAN MEMBERSHIP IN INTER- ‘‘(5) for the government of any independent congressional committees on commerce NATIONAL FINANCIAL INSTITU- state effective 30 days after the President with, and assistance to, Cuba from other for- TIONS. has determined and certified to the appro- eign countries during the preceding 12-month (a) CONTINUED OPPOSITION TO CUBAN MEM- priate congressional committees (and Con- period. BERSHIP IN INTERNATIONAL FINANCIAL INSTI- gress has not enacted legislation disapprov- (b) CONTENTS OF REPORTS.—Each report re- TUTIONS.—(1) Except as provided in para- ing the determination within the 30-day pe- quired by subsection (a) shall, for the period graph (2), the Secretary of the Treasury shall riod) that such government is providing as- covered by the report, contain— instruct the United States executive director sistance for, or engaging in nonmarket based (1) a description of all bilateral assistance of each international financial institution to trade (as defined in section 498B(k)(3)) with, provided to Cuba by other foreign countries, vote against the admission of Cuba as a the Government of Cuba; or’’. including humanitarian assistance; member of such institution until Cuba holds (2) Subsection (k) of section 498B of that (2) a description of Cuba’s commerce with free and fair, democratic elections, con- Act (22 U.S.C. 2295b(k)), is amended by add- foreign countries, including an identification ducted under the supervision of internation- ing at the end the following: of Cuba’s trading partners and the extent of ally recognized observers. ‘‘(3) NONMARKET BASED TRADE.—As used in such trade; (2) During the period that a transition gov- section 498A(b)(5), the term ‘nonmarket (3) a description of the joint ventures com- ernment in Cuba is in power, the President based trade’ includes exports, imports, ex- pleted, or under consideration, by foreign na- shall take steps to support the processing of changes, or other arrangements that are pro- tionals and business firms involving facili- Cuba’s application for membership in any vided for goods and services (including oil ties in Cuba, including an identification of international financial institution, subject and other petroleum products) on terms the location of the facilities involved and a to the membership taking effect after a more favorable than those generally avail- description of the terms of agreement of the democratically elected government in Cuba able in applicable markets or for comparable joint ventures and the names of the parties is in power. commodities, including— that are involved; (b) REDUCTION IN UNITED STATES PAYMENTS ‘‘(A) exports to the Government of Cuba on (4) a determination as to whether or not TO INTERNATIONAL FINANCIAL INSTITUTIONS.— terms that involve a grant, concessional any of the facilities described in paragraph If any international financial institution ap- price, guarantee, insurance, or subsidy; (3) is the subject of a claim against Cuba by proves a loan or other assistance to Cuba ‘‘(B) imports from the Government of Cuba a United States person; over the opposition of the United States, at preferential tariff rates; and (5) a determination of the amount of Cuban then the Secretary of the Treasury shall ‘‘(C) exchange arrangements that include debt owed to each foreign country, including withhold from payment to such institution advance delivery of commodities, arrange- the amount of debt exchanged, forgiven, or an amount equal to the amount of the loan ments in which the Government of Cuba is reduced under the terms of each investment or other assistance, with respect to each of not held accountable for unfulfilled exchange or operation in Cuba involving foreign na- the following types of payment: contracts, and arrangements under which tionals or businesses; and S 3634 CONGRESSIONAL RECORD — SENATE March 7, 1995 (6) a description of the steps taken to as- vided under this section notwithstanding SEC. l23. IMPLEMENTATION; REPORTS TO CON- sure that raw materials and semifinished or any other provision of law. GRESS. finished goods produced by facilities in Cuba (B) DETERMINATION REQUIRED REGARDING (a) IMPLEMENTATION WITH RESPECT TO involving foreign nationals or businesses do PROPERTY TAKEN FROM UNITED STATES PER- TRANSITION GOVERNMENT.—Upon making a not enter the United States market, either SONS.—Subparagraph (A) shall not apply to determination that a transition government directly or through third countries or par- section 620(a)(2) of the Foreign Assistance in Cuba is in power, the President shall ties. Act of 1961 (22 U.S.C. 2370(a)(2)). transmit that determination to the appro- SEC. l19. IMPORTATION SANCTION AGAINST (b) RESPONSE PLAN.— priate congressional committees and should, CERTAIN CUBAN TRADING PART- (1) DEVELOPMENT OF PLAN.—The President subject to the availability of appropriations, NERS. shall develop a plan detailing the manner in commence the provision of assistance to (a) SANCTION.—Notwithstanding any other which the United States would provide and such transition government under the plan provision of law, sugars, syrups, and molas- implement support for the Cuban people in developed under section l22(b). ses, that are the product of a country that response to the formation of— (b) REPORTS TO CONGRESS.—(1) The Presi- the President determines has imported (A) a transition government in Cuba; and dent shall transmit to the appropriate con- sugar, syrup, or molasses that is the product (B) a democratically elected government in gressional committees a report setting forth of Cuba, shall not be entered, or withdrawn Cuba. the strategy for providing assistance de- from warehouse for consumption, into the l (2) TYPES OF ASSISTANCE.—Support for the scribed in section 22(b)(2)(A) to the transi- customs territory of the United States, un- Cuban people under the plan described in tion government in Cuba under the plan of less the condition set forth in subsection (b) l paragraph (1) shall include the following assistance developed under section 22(b), is met. types of assistance: the types of such assistance, and the extent (b) CONDITION FOR REMOVAL OF SANCTION.— to which such assistance has been distrib- The sanction set forth in subsection (a) shall (A) TRANSITION GOVERNMENT.—Assistance under the plan to a transition government in uted in accordance with the plan. cease to apply to a country if the country (2) The President shall transmit the report certifies to the President that the country Cuba shall be limited to such food, medicine, medical supplies and equipment, and other not later than 90 days after making the de- will not import sugar, syrup, or molasses termination referred to in paragraph (1), ex- that is the product of Cuba until free and assistance as may be necessary to meet emergency humanitarian needs of the Cuban cept that the President shall transmit the fair elections, conducted under the super- report in preliminary form not later than 15 people. vision of internationally recognized observ- days after making that determination. (B) DEMOCRATICALLY ELECTED GOVERN- ers, are held in Cuba. Such certification shall (c) IMPLEMENTATION WITH RESPECT TO MENT.—Assistance under the plan for a cease to be effective if the President makes DEMOCRATICALLY ELECTED GOVERNMENT.— democratically elected government in Cuba a subsequent determination under subsection The President shall, upon determining that a shall consist of assistance to promote free (a) with respect to that country. democratically elected government in Cuba market development, private enterprise, and (c) REPORTS TO CONGRESS.—The President is in power, transmit that determination to a mutually beneficial trade relationship be- shall report to the appropriate congressional the appropriate congressional committees tween the United States and Cuba. Such as- committees all determinations made under and should, subject to the availability of ap- sistance should include— subsection (a) and all certifications made propriations, commence the provision of as- (i) financing, guarantees, and other assist- under subsection (b). sistance to such democratically elected gov- (d) REALLOCATION OF SUGAR QUOTAS.—Dur- ance provided by the Export-Import Bank of ernment under the plan developed under sec- ing any period in which a sanction under the United States; tion l22(b)(2)(B). subsection (a) is in effect with respect to a (ii) insurance, guarantees, and other assist- (d) ANNUAL REPORTS TO CONGRESS.—Not country, the President may reallocate to ance provided by the Overseas Private In- later than 60 days after the end of each fiscal other countries the quota of sugars, syrups, vestment Corporation for investment year, the President shall transmit to the ap- and molasses allocated to that country, be- projects in Cuba; propriate congressional committees a report fore the prohibition went into effect, under (iii) assistance provided by the Trade and on the assistance provided under the plan de- chapter 17 of the Harmonized Tariff Schedule Development Agency; veloped under section l22(b), including a de- of the United States. (iv) international narcotics control assist- scription of each type of assistance, the PART B—SUPPORT FOR A FREE AND ance provided under chapter 8 of part I of the amounts expended for such assistance, and a INDEPENDENT CUBA Foreign Assistance Act of 1961; and description of the assistance to be provided SEC. l21. POLICY TOWARD A TRANSITION GOV- (v) Peace Corps activities. under the plan in the current fiscal year. ERNMENT AND A DEMOCRATICALLY (c) CARIBBEAN BASIN INITIATIVE.—(1) The l ELECTED GOVERNMENT IN CUBA. President shall determine, as part of the SEC. 24. TERMINATION OF THE ECONOMIC EM- It is the policy of the United States— plan developed under subsection (b), whether BARGO OF CUBA. (1) to support the self-determination of the or not to designate Cuba as a beneficiary (a) TERMINATION.—Upon the effective date Cuban people; country under section 212 of the Caribbean of this section— (2) to facilitate a peaceful transition to Basin Economic Recovery Act. (1) section 620(a) of the Foreign Assistance representative democracy and a free market (2) Any designation of Cuba as a bene- Act of 1961 (22 U.S.C. 2370(a)) is repealed; economy in Cuba; ficiary country under section 212 of such Act (2) section 620(f) of the Foreign Assistance (3) to be impartial toward any individual may only be made after a democratically Act of 1961 (22 U.S.C. 2370(f)) is amended by or entity in the selection by the Cuban peo- elected government in Cuba is in power. striking ‘‘Republic of Cuba’’; ple of their future government; Such designation may be made notwith- (3) the prohibitions on transactions de- (4) to enter into negotiations with a demo- standing any other provision of law. scribed in part 515 of title 31, Code of Federal cratically elected government in Cuba re- (3) The table contained in section 212(b) of Regulations, shall cease to apply; and garding the status of the United States the Caribbean Basin Economic Recovery Act (4) the President shall take such other Naval Base at Guantanamo Bay; (19 U.S.C. 2702(b)) is amended by inserting steps as may be necessary to rescind any (5) to restore diplomatic relations with ‘‘Cuba’’ between ‘‘Costa Rica’’ and ‘‘Domi- other regulations in effect under the eco- Cuba, and support the reintegration of Cuba nica’’. nomic embargo of Cuba. (b) EFFECTIVE DATE.—This section shall into entities of the Inter-American System, (d) TRADE AGREEMENTS.—Notwithstanding when the President determines that there any other provision of law, the President, take effect upon transmittal to Congress of a l exists a democratically elected government upon transmittal to Congress of a determina- determination under section 23(c) that a in Cuba; tion under section l23(c) that a democrat- democratically elected government in Cuba (6) to remove the economic embargo of ically elected government in Cuba is in is in power. Cuba when the President determines that power, should— SEC. l25. REQUIREMENTS FOR A TRANSITION there exists a democratically elected govern- (1) take the steps necessary to extend non- GOVERNMENT. ment in Cuba; and discriminatory trade treatment (most-fa- For purposes of this title, a transition gov- (7) to pursue a mutually beneficial trading vored-nation status) to the products of Cuba; ernment in Cuba is a government in Cuba relationship with a democratic Cuba. and that— SEC. l22. AUTHORIZATION OF ASSISTANCE FOR (2) take such other steps as will encourage (1) is demonstrably in transition from com- THE CUBAN PEOPLE. renewed investment in Cuba. munist totalitarian dictatorship to rep- (a) AUTHORIZATION.— (e) COMMUNICATION WITH THE CUBAN PEO- resentative democracy; (1) IN GENERAL.—The President may pro- PLE.—The President should take the nec- (2) has released all political prisoners and vide assistance under this section for the essary steps to communicate to the Cuban allowed for investigations of Cuban prisons Cuban people after a transition government, people the plan developed under this section. by appropriate international human rights or a democratically elected government, is (f) REPORT TO CONGRESS.—Not later than organizations; in power in Cuba, as determined under sec- 180 days after the date of the enactment of (3) has dissolved the present Department of tion l23 (a) and (c). this title, the President shall transmit to the State Security in the Cuban Ministry of the (2) EFFECT ON OTHER LAWS.— appropriate congressional committees a re- Interior, including the Committees for the (A) SUPERSEDING OTHER LAWS.—Subject to port describing in detail the plan developed Defense of the Revolution and the Rapid Re- subparagraph (B), assistance may be pro- under this section. sponse Brigades; March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3635 (4) has publicly committed itself to, and is PART C—PROTECTION OF AMERICAN United States person may bring an action making demonstrable progress in— PROPERTY RIGHTS ABROAD under this section unless such person ac- (A) establishing an independent judiciary; SEC. l31. EXCLUSION FROM THE UNITED STATES quired ownership of the claim to the con- (B) respecting internationally recognized OF ALIENS WHO HAVE CON- fiscated property before such date. human rights and basic freedoms as set forth FISCATED PROPERTY CLAIMED BY (C) In the case of property confiscated on in the Universal Declaration of Human UNITED STATES PERSONS. or after the date of enactment of this title, Rights, to which Cuba is a signatory nation; (a) ADDITIONAL GROUNDS FOR EXCLUSION.— in order to maintain the action, the United (C) effectively guaranteeing the rights of Section 212(a)(9) of the Immigration and Na- States person who is the plaintiff must dem- free speech and freedom of the press; tionality Act (8 U.S.C. 1182(a)) is amended by onstrate to the court that the plaintiff has (D) permitting the reinstatement of citi- adding at the end the following: taken reasonable steps to exhaust all avail- zenship to Cuban-born nationals returning to ‘‘(D) ALIENS WHO HAVE CONFISCATED AMER- able local remedies. Cuba; ICAN PROPERTY ABROAD AND RELATED PER- (b) JURISDICTION.—Chapter 85 of title 28, (E) organizing free and fair elections for a SONS.—(i) Any alien who— United States Code, is amended by inserting new government— ‘‘(I) has confiscated, or has directed or after section 1331 the following new section: (i) to be held within 1 year after the transi- overseen the confiscation of, property the claim to which is owned by a United States ‘‘§ 1331a. Civil actions involving confiscated tion government assumes power; property (ii) with the participation of multiple inde- person, or converts or has converted for per- ‘‘The district courts shall have exclusive pendent political parties that have full ac- sonal gain confiscated property, the claim to jurisdiction, without regard to the amount cess to the media on an equal basis, includ- which is owned by a United States person; in controversy, of any action brought under ing (in the case of radio, television, or other ‘‘(II) traffics in confiscated property, the section 302 of the Cuban Liberty and Demo- telecommunications media) in terms of al- claim to which is owned by a United States cratic Solidarity (LIBERTAD) Act of 1995.’’. lotments of time for such access and the person; (c) WAIVER OF SOVEREIGN IMMUNITY.—Sec- times of day such allotments are given; and ‘‘(III) is a corporate officer, principal, or tion 1605 of title 28, United States Code, is (iii) to be conducted under the supervision shareholder of an entity which the Secretary amended— of internationally recognized observers, such of State determines or is informed by com- (1) by striking ‘‘or’’ at the end of paragraph as the Organization of American States, the petent authority has been involved in the (5); United Nations, and other elections mon- confiscation, trafficking in, or subsequent unauthorized use or benefit from confiscated (2) by striking the period at the end of itors; property, the claim to which is owned by a paragraph (6) and inserting ‘‘; or’’; and (F) assuring the right to private property; United States person, or (3) by adding at the end the following: (G) taking appropriate steps to return to ‘‘(IV) is a spouse or dependent of a person ‘‘(7) in which the action is brought with re- United States citizens and entities property described in subclause (I), spect to confiscated property under section taken by the Government of Cuba from such 302 of the Cuban Liberty and Democratic citizens and entities on or after January 1, is excludable. Solidarity (LIBERTAD) Act of 1995.’’. 1959, or to provide equitable compensation to ‘‘(ii) The validity of claims under this sub- such citizens and entities for such property; paragraph shall be established in accordance SEC. l33. DETERMINATION OF CLAIMS TO CON- (H) having a currency that is fully convert- with section 303 of the Cuban Liberty and FISCATED PROPERTY. ible domestically and internationally; Democratic Solidarity (LIBERTAD) Act of (a) EVIDENCE OF OWNERSHIP.—For purposes (I) granting permits to privately owned 1995. of this title, conclusive evidence of owner- telecommunications and media companies to ‘‘(iii) For purposes of this subparagraph, ship by the United States person of a claim operate in Cuba; and the terms ‘confiscated’, ‘traffics’, and ‘Unit- to confiscated property is established— (J) allowing the establishment of an inde- ed States person’ have the same meanings (1) when the Foreign Claims Settlement pendent labor movement and of independent given to such terms under section 4 of the Commission certifies the claim under title V social, economic, and political associations; Cuban Liberty and Democratic Solidarity of the International Claims Settlement Act (5) does not include Fidel Castro or Raul (LIBERTAD) Act of 1995.’’. of 1949, as amended by subsection (b); or Castro; (b) EFFECTIVE DATE.—The amendment (2) when the claim has been determined to (6) has given adequate assurances that it made by subsection (a) shall apply to indi- be valid by a court or administrative agency will allow the speedy and efficient distribu- viduals seeking to enter the United States of the country in which the property was tion of assistance to the Cuban people; and on or after the date of enactment of this confiscated. (7) permits the deployment throughout title. (b) AMENDMENT OF THE INTERNATIONAL Cuba of independent and unfettered inter- SEC. l32. LIABILITY FOR TRAFFICKING IN CON- CLAIMS SETTLEMENT ACT OF 1949.—Title V of national human rights monitors. FISCATED PROPERTY CLAIMED BY the International Claims Settlement Act of UNITED STATES PERSONS. 1949 is amended by adding at the end the fol- SEC. l26. REQUIREMENTS FOR A DEMOCRAT- (a) CIVIL REMEDY.—(1) Except as provided lowing new section: ICALLY ELECTED GOVERNMENT. in paragraphs (2) and (3), any person or gov- ‘‘ADDITIONAL CLAIMS For purposes of this title, a democratically ernment that traffics in property confiscated elected government in Cuba, in addition to by a foreign government shall be liable to ‘‘SEC. 514. Notwithstanding any other pro- continuing to comply with the requirements the United States person who owns the claim vision of this title, a United States national of section l25, is a government in Cuba to the confiscated property for money dam- may bring a claim to the Commission for de- which— ages in an amount which is the greater of— termination and certification under this (1) results from free and fair elections— (A) the amount certified by the Foreign title of the amount and validity of a claim (A) conducted under the supervision of Claims Settlement Commission under title V resulting from actions taken by the Govern- internationally recognized observers; of the International Claims Settlement Act ment of Cuba described in section 503(a), (B) in which opposition parties were per- of 1949, plus interest at the commercially whether or not the United States national mitted ample time to organize and campaign recognized normal rate; qualified as a United States national at the for such elections, and in which all can- (B) the amount determined under section time of the Cuban government action, except didates in the elections were permitted full l33(a)(2); or that, in the case of property confiscated access to the media; (C) the fair market value of that property, after the date of enactment of this section, (2) is showing respect for the basic civil calculated as being the then current value of the claimant must be a United States na- liberties and human rights of the citizens of the property, or the value of the property tional at the time of the confiscation.’’. Cuba; when confiscated plus interest at the com- (c) CONFORMING REPEAL.—Section 510 of (3) has established an independent judici- mercially recognized normal rate, whichever the International Claims Settlement Act of ary; is greater. 1949 (22 U.S.C. 1643i) is repealed. (4) is substantially moving toward a mar- (2) Except as provided in paragraph (3), any f ket-oriented economic system based on the person or government that traffics in con- right to own and enjoy property; fiscated property after having received (A) NOTICE OF HEARING (5) is committed to making constitutional notice of a claim to ownership of the prop- changes that would ensure regular free and erty by the United States person who owns COMMITTEE ON SMALL BUSINESS fair elections that meet the requirements of the claim to the confiscated property, and Mr. BOND. Mr. President, I wish to paragraph (2); and (B) a copy of this section, shall be liable to announce that the Committee on Small (6) has returned to United States citizens, such United States person for money dam- Business will hold a hearing on and entities which are 50 percent or more ages in an amount which is treble the Wednesday, March 8, 1995, at 9:30 a.m., beneficially owned by United States citizens, amount specified in paragraph (1). in room 428A of the Russell Senate Of- property taken by the Government of Cuba (3)(A) Actions may be brought under para- fice Building. The subject of the hear- from such citizens and entities on or after graph (1) with respect to property con- January 1, 1959, or provided full compensa- fiscated before, on, or after the date of enact- ing is the Regulatory Flexibility tion in accordance with international law ment of this title. Amendment Act. standards and practice to such citizens and (B) In the case of property confiscated be- For further information, please con- entities for such property. fore the date of enactment of this title, no tact Louis Taylor at 224–5175. S 3636 CONGRESSIONAL RECORD — SENATE March 7, 1995 AUTHORITY FOR COMMITTEES TO reauthorization, during the session of I ask that the column be printed in MEET the Senate on Tuesday, March 7, 1995 at the RECORD.

COMMITTEE ON ARMED SERVICES 9:30 a.m. The column follows: Mr. GREGG. Mr. President, I ask The PRESIDING OFFICER. Without [From the Buffalo News, Feb. 27, 1995] unanimous consent that the Commit- objection, it is so ordered. BUDGET AMENDMENT’S TIME HAS COME; THE tee on Armed Services be authorized to COMMITTEE ON VETERANS’ AFFAIRS DEMOCRATS ARE MORTGAGING THEIR FU- meet at 9:30 a.m. on Tuesday, March 7, Mr. GREGG. Mr. President, the Com- TURE BY OPPOSING IT 1995, in open session, to receive testi- mittee on Veterans’ Affairs would like (By Douglas Turner) mony on the defense authorization re- to request unanimous consent to hold a WASHINGTON.—Sen. Daniel Patrick Moy- quest for fiscal year 1996 and the future joint hearing with the House Commit- nihan predicted on Friday that the Senate years defense program. tee on Veterans’ Affairs to receive the will defeat a proposed amendment to the Constitution calling for a balanced federal The PRESIDING OFFICER. Without legislative presentation of The Veter- ans of Foreign Wars. The hearing will budget. objection, it is so ordered. If he’s right, and the learned New York COMMITTEE ON FINANCE be held on March 7, 1995, at 9:30 a.m., in Democrat quite often is, that Senate action Mr. GREGG. Mr. President, I ask room 345 of the Cannon House Office will squelch the bill that easily passed the unanimous consent that the Finance Building. House last month. Committee be permitted to meet Tues- The PRESIDING OFFICER. Without The crucial Senate vote will probably objection, it is so ordered. come Wednesday or Thursday. day, March 7, 1995, in room 215 of the Loss of the amendment will not be good for Dirksen Senate Office Building, begin- SUBCOMMITTEE ON DRINKING WATER, FISHERIES, AND WILDLIFE the country. Fighting this idea whose time ning at 9:00 a.m. and continuing has come will also be a calamitous loser for through most of the day, to conduct a Mr. GREGG. Mr. President, I ask the Democrats. They won’t get the Senate hearing on the Federal Communica- unanimous consent that the Sub- back in 1996 or 1998 if they win on this week’s tions Commission’s tax certificate pro- committee on Drinking Water, Fish- roll call. gram. eries, and Wildlife be granted permis- It guarantees returning the Republicans to The PRESIDING OFFICER. Without sion to meet Tuesday, March 7, at 9:30 control of the House after next year’s elec- tions. objection, it is so ordered. a.m. to conduct a legislative hearing on S. 191 and other pending proposals House GOP Campaign chairman Bill Paxon COMMITTEE ON FOREIGN RELATIONS to institute a moratorium on certain will say a bigger Republican majority is Mr. GREGG. Mr. President, I ask needed to offer up this amendment again. activities under authority of the En- unanimous consent that the Commit- If the amendment fails, the states will be dangered Species Act. tee on Foreign Relations be authorized denied their opportunity to vote on the The PRESIDING OFFICER. Without to meet during the session of the Sen- measure. This will insult our embattled fed- objection, it is so ordered. eral system. Belief in our national system is ate on Tuesday, March 7, 1995, at 10:00 SUBCOMMITTEE ON OCEANS AND FISHERIES already under heavy attack from junkyard a.m. to hold a hearing on the consider- dog conservatives. ation of ratification of the convention Mr. GREGG. Mr. President, I ask unanimous consent that the Oceans Defeat will be the same as Washington on conventional weapons (Treaty Doc. Democrats saying to the nation: ‘‘We know 103–25). and Fisheries Subcommittee of the you have a legal right to consider this popu- The PRESIDING OFFICER. Without Senate Committee on Commerce, lar idea, but we don’t trust you, not even objection, it is so ordered. Science, and Transportation be author- your sophisticated state legislatures, enough ized to meet on March 7, 1995, at 2:30 for you to consider it.’’ Dumb. COMMITTEE ON FOREIGN RELATIONS p.m. on appropriations for the U.S. ‘‘Popular’’ doesn’t describe the momentum Mr. GREGG. Mr. President, I ask Coast Guard in fiscal year 1996. behind the balanced budget idea. Eighty per- unanimous consent that the Commit- The PRESIDING OFFICER. Without cent of the nation wants this amendment. tee on Foreign Relations be authorized objection, it is so ordered. Even in liberal New York State, support is to meet during the session of the Sen- overwhelming. ate on Tuesday, March 7, 1995, at 2:00 SUBCOMMITTEE ON PARKS, HISTORIC Moynihan is one of the Democrats who PRESERVATION, AND RECREATION p.m. to hold a hearing on the overview does believe voters are smart enough to un- Mr. GREGG. Mr. President, I ask derstand. He has spent days, weeks, honing of United States policy toward South unanimous consent that the Sub- and delivering his arguments against the Asia. committee on Parks, Historic Preser- amendment. He’s published a small booklet The PRESIDING OFFICER. Without vation, and Recreation of the Commit- about it, and gave a lengthy floor address objection, it is so ordered. tee on Energy and Natural Resources last week. He talked about it on ‘‘Meet the COMMITTEE ON INDIAN AFFAIRS Press’’ again yesterday. be granted permission to meet during Central to their arguments, and Moy- Mr. GREGG. Mr. President, I ask the session of the Senate on Tuesday, unanimous consent that the Commit- nihan’s, is their concern for loss of flexibil- March 7, 1995, for purposes of conduct- ity. The amendment, they say, will deprive tee on Indian Affairs be authorized to ing a joint hearing with the Sub- Congress of the ability to infuse a sinking meet on Tuesday, March 7, 1995, begin- committee on National Parks, Forests economy with enough federal money to re- ning at 10 a.m., in room 485 of the Rus- and Lands, of the House Committee on store its vigor. sell Senate Office Building on Federal Resources, which is scheduled to begin We’d be inviting a sustained economic De- programs authorized to address the at 9:30 a.m. The purpose of the hearing pression, they say. Moynihan devised a chart challenges facing Indian youth. that shows the big spikes in the national is to receive testimony from officials of economy before 1940. These show crippling The PRESIDING OFFICER. Without the General Accounting Office regard- objection, it is so ordered. variations in gross national product, up and ing their on-going study on the health down by as much as 15 percent in the span of COMMITTEE ON THE JUDICIARY of the National Park System. a couple of years. Mr. GREGG. Mr. President, I ask The PRESIDING OFFICER. Without Post-1940 variations are mild, and gen- unanimous consent that the Commit- objection, it is so ordered. erally positive, on this chart. These came after the massive New Deal expansion of the tee on the Judiciary be authorized to f meet during the session of the Senate government bureaucracy and the practice of on Tuesday March 7, 1995, at 10:00 a.m. ADDITIONAL STATEMENTS ‘‘counter-cyclical’’ federal spending. The chart is an icon to a generation of to hold a hearing on the jury and the politicians and professors steeped in the search for truth. Keynesian tradition of demand economics. The PRESIDING OFFICER. Without BUDGET AMENDMENT’S TIME HAS The chart looks good until you think objection, it is so ordered. COME about it. First, it credits special surges in COMMITTEE ON LABOR AND HUMAN RESOURCES ∑ Mr. SIMON. Mr. President, there was federal spending for the relative stability of Mr. GREGG. Mr. President, I ask of a variety of comment before the vote the post-war economy. But it ignores the role of such income support programs as So- unanimous consent that the Commit- on the balanced budget amendment, cial Security, and the importance of the tee on Labor and Human Resources be one of the more sensible appearing in labor movement as post-war stabilizers. authorized to meet for a hearing on the Buffalo News, written by Douglas It also ignores the fact that the most cele- health professions consolidation and Turner. brated ‘‘counter-cyclical’’ spending (not March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3637 counting defense) was during the New Deal. gradually reach criticality as various Venneri hypothesis] to rest,’’ as the It did build many fine projects, and it helped neutron-absorbing elements in the nu- New York Times reported? I don’t see hundreds of thousands of individuals. It had clear waste diffused away over the mil- how. And, of course, no external review little if any lasting effect on the economy as lennia. by a scientific journal of this paper has a whole. The last counter-cyclical experience oc- We have been told by the New York taken place—it isn’t even clear wheth- curred during the recession of 1982–83. To Times and by both Senators from Ne- er Drs. Bowman and Venneri have sub- help the unemployed and help stimulate a vada yesterday that three teams of sci- mitted their calculations to any jour- flat economy Congress threw a few billion entists at Los Alamos ‘‘have been un- nal, other than the New York Times, into public works and expanded unemploy- able to rebut the assertion’’ of Drs. for consideration. ment benefits. Bowman and Venneri. This is simply Step No. 2. Do not even bother to get There is nothing in this proposed amend- not true. your facts straight. The true story of ment that would bar Congress from taking The Los Alamos National Labora- the internal Los Alamos review of this such modest steps again. If a crisis like the tory, in fact, did respond to these alle- Depression occurred again, a three-fifths ma- paper was readily available yesterday jority in each house could bypass the amend- gations. It formed three review teams. to any Member of this body who would ment’s spending restrictions. A ‘‘Red Team’’ was set up to serve in have taken the time to call anyone at If there were a crisis, the people would re- the role of skeptic. A ‘‘Blue Team’’ was the laboratory whose name was men- spond just as they did in the 1930s. They set up to take the role of defenders of tioned in the New York Times story. threw out a catatonic GOP and installed the Bowman-Venneri hypothesis. A Step No. 3. Just jump on any news Democrats, giving them a three-to-one mar- ‘‘White Team’’ was set up to serve as a gin. story that seems to support your pre- neutral judge of the work of the other conceived view. Blow up the headline The Democrats are on the wrong side of two teams, and to render an overall this one. Balancing the budget is a liberal into a big chart, and head directly to concept, in the classic sense of the word, lib- judgment as to which was more credi- the Senate floor. erating. ble. Unfortunately, this is not the first Interest on the debt nearly equals all the What was the conclusion of the White time that we have seen bad science in- government spends on discretionary pro- Team? I ask that a two-page ‘‘Sum- jected into the debate over a perma- grams, such as disease control, transit, re- mary Critique of Bowman-Venneri nent geologic repository for spent nu- search, aid to cities, education and foster Paper by Internal Review Groups at care. clear fuel. In 1989, another DOE sci- Los Alamos,’’ which was publicly re- entist named Jerry Szymanski inter- Interest payments are crowding out aid to leased yesterday by the Los Alamos the underprivileged just as much as entitle- preted some mineral deposits adjacent ments. Interest payments go to people rich National Laboratory, as well as the to the Yucca Mountain site as evidence enough to buy government securities in complete text of the White Team re- that ground water repeatedly had risen $10,000 and $100,000 lots—not exactly the guy port, entitled ‘‘Comments on ‘Nuclear well above the level proposed for the in your neighborhood Legion hall. Excursions’ and ‘Criticality Issues’ ’’ be repository in the geologically recent It is a loser for the Democrats on demo- printed in the RECORD at the end of past. If such an event were to occur in graphic lines. It is the young voter—not the this statement. aging one—that is going to pay and pay and the lifetime of the repository, it would The White Team report is a devastat- flood the waste packages and could re- pay to get this debt off his back. ing critique of the hypothesis of Drs. For every sophisticated argument against sult in a release of radioactive mate- it, there is an even stronger common sense Bowman and Venneri. It states that: rial to the environment. But before argument for balancing the budget—sooner The geological situations in the Bowman this hypothesis could be properly re- than later. paper are too idealized to validate the pro- viewed by other scientists, The people aren’t dumb.∑ posed scenario. Szymanski’s report became a media The assumption of significant plutonium f dispersion into the surrounding medium is sensation fueled by, among others, the New York Times. Eventually, a distin- HOMICIDES BY GUNSHOT IN NEW without justification. guished group of scientists from the YORK CITY The amount of water is overestimated by a factor of 1000. . . . There is no steam explo- National Academy of Sciences was ∑ Mr. MOYNIHAN. Mr. President, I rise sion. asked to evaluate Szymanski’s inter- to continue my weekly practice of re- The assumptions about the behavior of the pretations and the data upon which he porting to the Senate on the death toll fissile mixture near criticality are not credi- had based those interpretations. This by gunshot in New York City. Last ble. panel concluded what the vast major- week, 12 people lost their lives to bul- There is no credible mechanism for releas- ing energy on a time scale short enough for ity of DOE and U.S. Geological Survey let wounds, bringing this year’s total even a steam explosion. scientists had concluded already: that to 107.∑ the mineral deposits were produced by Even when the White Team started rainwater at the surface and had noth- f assuming that the impossible would ing to do with fluctuations in the happen, it still could not find the Bow- ALLEGATIONS REGARDING POTEN- ground water table at all. That was in man-Venneri hypothesis credible. For TIAL NUCLEAR EXPLOSIONS IN 1992. Notwithstanding the NAS conclu- example, the White Team concluded: A GEOLOGIC REPOSITORY FOR sion, the State of Nevada continues to SPENT NUCLEAR FUEL Even if dispersion and criticality are as- pay large sums of money to sumed (which is strongly objected to), the ∑ Mr. JOHNSTON. Mr. President, last conclusion that an explosion would occur is Szymanski, now an independent con- Sunday, the New York Times published incorrect. sultant, to continue beating a dead a front-page story alleging that geo- Even if dispersion, criticality, and energy horse. logic disposal of spent nuclear fuel in release are assumed, there would be no seri- So let me respond in detail to the Yucca Mountain could result in an ous consequences elsewhere in the repository specific charges made yesterday by my ‘‘atomic explosion of buried waste.’’ or on the surface. distinguished colleagues from Nevada. The story is based on a hypothesis pro- The florid story in the New York The distinguished junior Senator posed several months ago by two sci- Times and the comments made on the from Nevada charged that a ‘‘discus- entists at the Los Alamos National floor yesterday by my distinguished sion has been going on for months and Laboratory, Dr. Charles D. Bowman colleagues from Nevada illustrate viv- months and months’’ involving ‘‘three and Dr. Francisco Venneri. Drs. Bow- idly how to misuse science in public teams comprised of 10 scientists—that man and Venneri, neither of whom is a policy debates. is 30 scientists [that] have been unable geologist, performed some crude cal- Step No. 1. Ignore peer review. The to rebut the assertion that there is a culations on what might happen to plu- New York Times clearly knew that an genuine fear that an explosion can tonium in a geologic repository. They internal laboratory review of the Bow- occur in a geologic repository.’’ In fact, assumed that 50 to 100 kilograms of man-Venneri hypothesis had taken the scientists at Los Alamos were able pure plutonium-239 would slowly dif- place, but got the story of that review to rebut the assertion, and did. fuse through nonabsorbing silicon diox- completely wrong. Is there any way to The distinguished senior Senator ide—not any type of rock actually characterize the above statements as from Nevada complained that the Bow- found under Yucca Mountain—and then being ‘‘unable to lay [the Bowman- man-Venneri hypothesis had not been S 3638 CONGRESSIONAL RECORD — SENATE March 7, 1995 mentioned in public hearings or de- positories for spent nuclear fuel at MATERIAL DISPERSION UNDERGROUND bates. Well, that’s how scientific re- every nuclear plant in the Nation, let’s 1. The assumption of significant dispersion view works. Scientific results ought to see the Bowman-Venneri hypothesis for of plutonium into the surrounding geologic get careful peer review within the sci- what it is—a preliminary calculation medium is without justification. Geologic entific community before they are with a highly questionable connection processes take millions of years by which to the real world. If scientists at Los time the plutonium-239 (half-life of 24,000 served up in the Sunday New York years) would have decayed to 235 U which is times. If a scientific result can with- Alamos want to pursue such calcula- less reactive. stand neutral scrutiny—which is what tions, that is their right. But we should 2. The Bowman paper argues that water Los Alamos was in the process of not let ourselves be swayed by sensa- flowing down through the repository would doing—then it should be published in tional reports based on sketchy theo- dissolve glass logs in about 1,000 years and the open scientific literature and we ries. Good policy can and should only leave a fragile powder of plutonium that can start the debate as to what its rel- be based on good, peer-reviewed could disperse through steam ‘‘explosions’’ evance to policy might be. None of us science. caused by criticality heating of the water in The material follows: the vicinity of the Pu log. However, the is served by fragmentary and distorted amount of water is overestimated by a factor accounts of scientific research in the [The attached paper is a summary of the of 1,000 so that the correct time scale is on public media. work of the three review teams that have ex- the order of a million years. Also the tem- The distinguished senior Senator amined the paper on possible criticality at perature gradient is over estimated by a fac- from Nevada characterized the Bow- the planned Yucca Mountain Repository. It tor of ten so that there is no steam ‘‘explo- man-Venneri calculations as ‘‘evidence was compiled by the senior manager at Los sion.’’ Also the leaching process could leave Alamos National Laboratory who supervises a residue as strong as the original log. by a scientific community that says an the author of the original paper.] explosion could occur.’’ Do my col- 3. Material is not likely to be dispersed into symmetric shapes by rather along frac- leagues really believe that a crude, SUMMARY POINTS OF BOWMAN-VENNERI PAPER—‘‘UNDERGROUND AUTOCATALYTIC tures which would provide more difficult ge- theoretical calculation, predicated on CRITICALITY OF PLUTONIUM AND OTHER ometries for criticality. all sorts of inaccurate assumptions for FISSILE MATERIAL’’ CRITICALITY example, that the rock under Yucca (By Charles Bowman and Francesco Venneri) 1. The assumptions about the behavior of Mountain is pure silicon dioxide, con- the fissile mixture near criticality are not stitutes evidence? Evidence usually 1. Underground storage as presently rec- ommended could lead to autocatalytic criti- credible. means something real. You can make cality and uncontrolled dispersal of ther- 2. As the fissile/rock/water mixture ap- up any theoretical calculations you mally fissile material with significant nu- proached criticality, it would slowly heat like, and if you are not going to be con- clear energy release and possibly nuclear ex- and expand which would drop its reactivity strained by reality, you can come up plosions in the 100-ton range. below critical and mixture would cool. Thus with some pretty interesting answers. 2. Fissile material when emplaced under- the mixture would have a negative tempera- But you will not get any evidence that ground is subcritical. However, once contain- ture coefficient. way. ment is breached, the fissile material is free EXPLOSIONS/ENERGY RELEASE The distinguished senior Senator to disperse in the underground matrix either 1. Even if dispersion and criticality are as- through natural (diffusion, earthquakes, sumed (which is strongly objected to), the from Nevada stated that ‘‘it is not as if water flow) or unnatural means (human it has not happened before. In the conclusion that an explosion would occur is intervention). incorrect. former Soviet Union, they had an ex- 3. The underground matrix contains good 2. There is no credible mechanism for re- plosion from nuclear waste.’’ He would moderators such as water and rock (silicon leasing energy on a time scale short enough have us believe that the Soviet explo- dioxide) in various proportions. Under cer- for even a steam explosion. A nuclear explo- sion is somehow relevant to geologic tain conditions of fissile material density, sion must make the transition from critical disposal of spent nuclear fuel. Not so. radius, water and rock composition, the to highly supercritical in a fraction of a sec- The Soviet explosion occurred in a nu- fissile material can reach criticality due to ond. A credible means to force this transi- neutrons moderated in the rock/water mix- tion in a repository has not been found. clear waste tank at Tomsk, not in a ge- ture. The criticality can have either positive ological repository. The explosion was 3. Even if dispersion, criticality and energy or negative feedback. Negative feedback release are assumed, there would be no seri- caused by red oil—a byproduct of re- would mean that the nuclear reactions would ous consequences elsewhere in the repository processing spent nuclear fuel. The decrease as the mixture heated up and ex- or on the surface. whole idea behind the current DOE panded and hence go subcritical. Positive waste program, and geologic storage in feedback means that the nuclear fission is [The attached paper is the preliminary a location such as Yucca Mountain, is self-enhancing (autocatalytic). Hence the nu- work of a team of scientists at Los Alamos not to reprocess. clear reactions continue to grow to National Laboratory. The team was asked to supercriticality and possibly explosive condi- The distinguished senior Senator review the papers that have been generated tions. dealing with the issue of possible criticality from Nevada says that his information 4. Neutron poisons, such as boron, that are is ‘‘not sensationalism’’ and that it at the planned Yucca Mountain Repository. added to the spent fuel when emplaced un- Further analysis may be conducted, and pos- ‘‘comes from the scientific commu- derground to prevent criticality have dif- sible further modifications of the estimates nity.’’ Well, publication in the New ferent solubilities than fissile materials and contained in this paper may occur, in the York Times hardly constitutes peer re- thus would be leached out from the fissile normal process of scientific investigation. view. It is sensationalism, pure and material area. The paper of the review team as it stands simple. 5. Without water, 50–100 kg of fissile mate- now does contain considerable work by the rial is required to reach autocriticality. As team.] Finally the distinguished senior Sen- small an amount as 1 kg of fissile material ator from Nevada said that these re- can reach autocriticality with water present. COMMENTS ON ‘‘NUCLEAR EXCURSIONS’’ AND sults came ‘‘from one of the finest sci- ‘‘CRITICALITY ISSUES’’ The Laboratory provided a technical re- entific labs in the world.’’ Now that we SUMMARY CRITIQUE OF BOWMAN-VENNERI view of a paper by Drs. Bowman and Venneri can see what Los Alamos actually has PAPER BY INTERNAL REVIEW GROUPS AT LOS on the ‘‘Nuclear Excursions and Eruptions to say about the Bowman-Venneri hy- ALAMOS pothesis, will the Senators from Ne- from Plutonium and Other Fissile Material GEOLOGIC EMPLACEMENT Stored Underground,’’ which argued that the vada accept what the Los Alamos re- 1. The geological situation in the Bowman dispersal of plutonium (Pu) stored under- view team had to say? paper are too idealized to validate the pro- ground could increase its reactivity to the In summary, it is not true that, as posed scenario. Pure silicon dioxide, a weak point where critically, auto-catalytic reac- both Senators from Nevada tried to tell neutron absorber, is not a common geologi- tion, and explosive energy release could us yesterday: ‘‘Thirty scientists * * * cal material and has not been proposed as a occur. have tried to prove it wrong for 10 repository material. Other elements present The review concluded that the probability months. They cannot.’’ As it turns out, in all proposed geological formations absorb of each of these steps is vanishingly small they can shoot this hypothesis full of neutrons much more strongly than pure sili- and that the probability of the occurrence of con dioxide, which reduces the reactivity of all three is essentially zero. Moreover, even holes, and they did. the mixture. if these steps could occur, any energy release Before we call a halt to all attempts 2. For periods less than 10,000 years, the would be too small and slow to produce any to find a solution to our nuclear waste presence of Plutonium 240 (half-life of 6,500 significant consequences either in the reposi- problems, or before we set up mini-re- years) would also reduce reactivity strongly. tory or on the surface. March 7, 1995 CONGRESSIONAL RECORD — SENATE S 3639 The authors of ‘‘Nuclear Excursions’’ pro- rigid and would prevent the expansion of the the surface. Calculations indicate contain- vided responses to the issues raised in that material and permit the achievement of ment volumes very small compared to the review in the form of a paper entitled ‘‘Criti- super criticality. That was based on an im- nominal spacing between storage elements; cality Issues for Thermally Fissile Material proper interpretation of the published equa- thus, there could not be any coupling be- in Geologic Storage.’’ The white team and tion of state. In reality, rock is compress- tween storage elements or any possibility of the leaders of the blue and red teams re- ible, and even at depths of several kilo- greater energy releases through synergisms. viewed the responses in ‘‘Criticality Issues,’’ meters, lithostatic stresses are small and an- RELATION WITH OTHER WORK met to discuss them, determined that they isotropic, so that confining stresses are are flawed for essentially the same reasons small. Even if it fractured the rock, it would That the critical mass may be reduced by as the original paper, and concluded that not do so in a spherically symmetric man- dilution by moderating material discussed in they do not significantly impact the conclu- ner. Even if the mixed material became criti- the paper is well understood by the nuclear sion of the review that the probability of the cal, it would slowly heat and expand, which community. Fermi used it to full advantage chain of events postulated in ‘‘Nuclear Ex- would drop its reactivity below critical, after when he assembled the first pile under the cursions’’ and ‘‘Criticality Issues is essen- which its neutron flux would drop, and the grandstand at Stagg Stadium. tially zero and that even if they could occur, mixture would cool. That is, the mixture has Fermi also used the advantages of hetero- any energy release would be too small and the negative temperature coefficient of geneity in minimizing resonance losses in slow to produce significant consequences. many fissile assemblies. This was pointed natural uranium, although that is irrelevant out in detail in the review. to the discussions of Pu reactivity here. EMPLACEMENT Nevertheless, ‘‘Criticality Issues’’ again ar- The National Academy of Science report The geological situations discussed in ‘‘Nu- gued that fissile material could diffuse does not suggest emplacement of weapons clear Excursions’’ were too idealized to pro- through criticality, although it shifted its plutonium in the manner discussed by ‘‘Nu- vide a useful framework for analysis or to argument to soils with very high amounts of clear Excursions,’’ although it did comment validate the proposed scenario. That was water, which have higher reactivity. How- on the advantages of higher fissile loading. pointed out in the review, but those situa- ever, the essential physics is the same as for The Academy was alert to the potential for tions were still used in ‘‘Criticality Issues.’’ dry rock. The mixed material would slowly criticality and qualified its recommenda- ‘‘Nuclear Excursions’’ postulates the em- heat and expand, which would drop its reac- tions by stating that further analysis and placement of fissile materials in geologic tivity, which would cause it to cool. Hy- discussion were needed before deciding on formations of pure silicon dioxide. Pure sili- drated mixtures also generally have negative the best and safest geologic disposition of con dioxide is a weak neutron absorber, is temperature coefficients. Moreover, the first weapons and reactor spent fuel. not a common geologic material, and has not time the mixture underwent this cycle, it been proposed as a repository material. would drive off the water, after which it SUMMARY Other elements present in all geologic for- would be left far below critical, dry, and with We should always be alert to unintended mations that have been proposed absorb neu- no mechanism for the reinsertion of water. consequences and open to discussions that il- trons much more strongly than pure silicon Thus, there is nothing new in ‘‘Criticality Is- luminate potential dangers in nuclear waste dioxide, which reduces the reactivity of the sues,’’ it simply repeats the stability errors storage. ‘‘Nuclear Excursions’’ argued that mixture. made in ‘‘Nuclear Excursions.’’ there were serious dangers in proposed repos- Furthermore, ‘‘Nuclear Excursions’’ per- There are some interesting tradeoffs be- itory concepts. We disagreed with the paper’s forms most of its yield calculation for pure tween the negative temperature coefficient major assumptions and found its major con- Pu–239; so does ‘‘Criticality Issues.’’ The of such mixtures from expansion and the po- clusions to be incorrect for fundamental, weapons plutonium of interest has a signifi- tentially small positive coefficient from ab- technical reasons, which were stated in de- cant fraction of Pu–240, which is a strong ab- sorption and Pu-239 resonance broadening, tail and in writing. ‘‘Criticality Issues’’ did sorber that further reduces reactivity. Even but those effects are delicate and comparable not respond to those reasons, but introduced for the maximum loading postulated in ‘‘Nu- even at high hydration. Unfortunately, they a new scenario, in which it made the same clear Excursions,’’ weapons plutonium could cannot be evaluated from the calculations in technical errors in a new context. We have never disperse to a condition of criticality in ‘‘Criticality Issues,’’ which were apparently pointed those errors out above. At this point real, dry repository materials. It is argued all performed for cold soil, pure SiO2, and we find no technical merit in either paper. that the Pu–240 would decay, leaving the pure Pu-239. All three of those restrictions However, the papers treat technical matters more reactive Pu–239, but that would happen would have to be removed to provide an as- and apparently contain no classified mate- over several times the 6,500 year half life of sessment beyond that in ‘‘The Myth of Nu- rial; thus, in accord with the laboratory’s Pu–240. Even then the Pu–240 would be re- clear Explosions at Waste Disposal Sites.’’ policy of open and unrestricted research and placed by its daughter U–236, which is also a Given the simplicity and ease of monitoring discussion on unclassified matters, the au- strong absorber. Moreover, as noted above, for the development of the conditions postu- thors should be free to submit their paper for the calculations in both papers ignore minor lated, that is readily addressed. publication in a peer reviewed journal. soil constituents with very large absorption ENERGY RELEASE That said, we do not find any value in cross sections. When they are properly in- these two papers that would justify publica- Even if dispersion and criticality are as- cluded, it may not be possible to achieve tion in their current form, and we do not see sumed, the conclusion that an explosion criticality for the assumed conditions even how to produce such a paper from them. would occur is incorrect. ‘‘Nuclear Excur- without the Pu–240. They contain fundamental errors in concept sions’’ postulates ‘‘auto-catalytic’’ behavior The assumption of significant dispersion of and execution. They show no grasp of such in which the release of energy leads to great- plutonium into the surrounding geologic me- elementary concepts as the time scale for er criticality, but the discussion above shows dium in ‘‘Nuclear Excursions’’ is without the approach to criticality and energy re- that in dry repository material, the release justification. Geological processes would lease and the crucial role of the negative of energy instead reduces criticality and take millions of years, by which time pluto- temperature coefficient of the mixtures shuts the reaction off. ‘‘Criticality Issues’’ nium would have decayed to uranium-235, treated. Worse, they show no appreciation of postulates autocatalytic behavior in hy- which is less reactive than Pu-239. We have these points even after they were pointed out drated mixtures, but the discussion of the not discovered a credible process that would forcefully in the review. That is compounded previous section shows that to the extent produce more rapid dispersal. Anthropogenic by the constantly shifting scenarios in the that the phenomena has been quantified by measures are unlikely and are routinely ac- papers and the alarmist estimates of poten- earlier work, the release of energy reduces counted for in repository analyses. ‘‘Critical- tial effects, which have become less credible criticality there, too. ity Issues’’ argues that water flowing down and more shrill throughout this process. The postulated mechanisms for explosion through the repository would dissolve the The authors apparently show little inter- are not credible; the most that appears pos- glass log in 1,000 years and leave a fragile est in technical suggestions or inclination to sible is heating and evaporation of some powder, but its calculation overestimates respond to it. Thus, it would not appear to be water before a smooth shut down. There is the amount of rainfall on and water in the useful to continue this one-sided discussion, no credible mechanism for releasing energy repository by factors of 1,000, so the correct which we take to be concluded. If this pro- on a time scale short enough for even a time scale for dispersal is again about a mil- gram is continued, and these individuals re- steam explosion. A nuclear explosion must lion years. main associated with it, the laboratory make the transition from critical to highly It has also been noted that the tempera- would be well served by establishing a per- supercritical in a fraction of a second. A ture gradient driving the process is overesti- manent red team, funded by this program credible means to force the transition in a mated by an order of magnitude and that the and composed of independent members from repository has not been found. Thus, the as- leaching process could leave a residue as the cognizant technical divisions, and giving sertion that an explosion would occur is in- strong as the original log. them the responsibility of checking each cal- correct. culation done by them.∑ CRITICALITY Even if dispersion, criticality, and energy The assumptions about the behavior of the release are assumed, which appear virtually Mr. ASHCROFT. Mr. President, the fissile mixture near criticality are not credi- impossible on the basis of the arguments following unanimous consent requests ble. ‘‘Nuclear Excursions’’ assumed that the above, there would be no serious con- have been agreed to by the minority rock in which the fissile material is placed is sequences elsewhere in the repository or on leadership, as well as the majority. S 3640 CONGRESSIONAL RECORD — SENATE March 7, 1995 EXECUTIVE CALENDAR ORDERS FOR WEDNESDAY, MARCH RECESS UNTIL 10:30 A.M. Mr. ASHCROFT. Mr. President, as if 8, 1995 TOMORROW in executive session, I ask unanimous Mr. ASHCROFT. Mr. President, I ask Mr. ASHCROFT. Mr. President, if consent that the Senate immediately unanimous consent that when the Sen- there is no further business to come be- proceed to the consideration of Execu- ate completes its business today, it fore the Senate, I now ask unanimous tive Calendar Nos. 32 and 33 en bloc; stand in recess until the hour of 10:30 consent the Senate stand in recess further, that the nominations be con- a.m. on Wednesday, March 8, 1995; that under the previous order. firmed, en bloc; that the motions to re- following the prayer, the Journal of There being no objection, the Senate, consider be laid upon the table en bloc; the proceedings be deemed approved to at 6:34 p.m., recessed until Wednesday, that any statements relating to the date, the time for the two leaders be March 8, 1995, at 10:30 a.m. nominations appear at the appropriate reserved for their use later in the day, place in the RECORD; and the President and the Senate then immediately re- f be immediately notified of the Senate’s sume consideration of H.R. 889, the action. supplemental appropriations bill. CONFIRMATIONS The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Executive nominations confirmed by objection, it is so ordered. objection, it is so ordered. the Senate March 7, 1995: The nominations considered and con- f firmed en bloc are as follows: DEPARTMENT OF DEFENSE PROGRAM HERSCHELLE CHALLENOR, OF GEORGIA, TO BE A MEM- DEPARTMENT OF DEFENSE BER OF THE NATIONAL SECURITY EDUCATION BOARD Mr. ASHCROFT. Mr. President, for FOR A TERM OF 4 YEARS. Herschelle Challenor, of Georgia, to be a the information of my colleagues, we SHEILA CHESTON, OF THE DISTRICT OF COLUMBIA, TO member of the National Security Education BE GENERAL COUNSEL OF THE DEPARTMENT OF THE AIR Board for a term of 4 years, vice Steven hope to complete action on the supple- FORCE. Muller. mental bill tomorrow. Therefore, Sen- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT ators should be aware that rollcall TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- Sheila Cheston, of the District of Colum- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY bia, to be general counsel of the Department votes are expected throughout tomor- CONSTITUTED COMMITTEE OF THE SENATE. of the Air Force, vice Gilbert F. Casellas. row’s session. March 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 533 EXTENSIONS OF REMARKS

DISLOCATED WORKERS’ SELF- My bill would allow an unemployed worker over the years have done such a magnificent HELP TAX RELIEF PACKAGE to claim an exemption from the capital gains job in supporting our farmers. But now, Mr. taxÐup to $125,000Ðwhen they sell their Speaker, most of that work has been done. HON. RICK LAZIO home during their period of unemployment. The mission has been accomplished. We have The definition of unemployment corresponds a monumental success and we can relieve the OF NEW YORK to the definition used in calculating eligibility taxpayers of the burden of helping the agri- IN THE HOUSE OF REPRESENTATIVES for unemployment insurance. culture industry, especially the rich corporate Tuesday, March 7, 1995 These proposals can provide solutions to farmers. Let's have a means test and from problems that unemployed workers face: the Mr. LAZIO of New York. Mr. Speaker, my now on let's support only the few remaining challenge to meet the daily demands of lifeÐ congressional district on Long Island, like sev- poor farm families. Let's stop the indiscrimi- food, shelter, and clothing; and the need to eral others around the country, has been es- nate subsidies. Let's end the crop insurance. find a new source of income. The money real- pecially hard hit by the downsizing of our Na- Let's stop the special mortgages. Let's leave ized by the sale of one's home or withdrawing tion's defense production lines. The Pentagon the marketplace alone and end the crop sub- from an IRA can, in fact, be used as an in- estimates that total defense-related employ- sidies and price supports. Let's get the fat vestment in the future, perhaps even for an ment has dropped by 1.5 million workers over farmers off the dole. The time has come to entrepreneurial undertaking as a way to start drastically downsize the Department of Agri- the last 7 years, and that trend is expected to over. culture. We must end farm welfare as we continue into the foreseeable future. We should not deny dislocated workers who More than 40 percent of manufacturing on face hard times the ability to use their assets know it. We owe it to the American taxpayers. Long Island is dependent on the Defense De- to support themselves and their families. I be- In this Congress let's work hard to get fat partment. Consequently, this defense lieve these two measures offer a common- farmers off the dole. builddown has had a devastating financial ef- sense approach to help Americans pull them- The following poem summarizes the seri- fect on many of Long Island's workers and selves out of financial hard times so they can ousness of the situation: their families. get on with their lives. What can be done to bring much needed FARMERS ON THE DOLE f economic relief to people who lose their liveli- Republican patriots hood through no fault of their own? Last Au- PERSONAL EXPLANATION Come play your role gust, I introduced two bills designed to help Keep fat farmers such dislocated workers under these cir- On the dole HON. LUIS V. GUTIERREZ Helping cuddly honey bees cumstances help themselves get back on their OF ILLINOIS Coddling cattle grazing fees feet. Today, with bipartisan support, I am re- IN THE HOUSE OF REPRESENTATIVES Meat a city orphan introducing these bills, which would change Tuesday, March 7, 1995 Never eats the tax laws on capital gains and individual re- Dole for welfare tirement accounts to enable dislocated work- Mr. GUTIERREZ. Mr. Speaker, at the end of Dole for cheats ers to use their hard-earned assets to help the afternoon of Tuesday, February 28, 1995, Congress sink your fork them in their time of need. I was unavoidably absent from this Chamber Deep into Republican pork My first bill would allow unemployed workers and therefore missed rollcall votes Nos. 178, Hyprocisy over all to make penalty-free withdrawals from individ- 179, 180, 181, 182, 183Ðall votes regarding Drives you up the wall ual retirement accounts [IRA's] and 401(k) re- amendments and final passage of H.R. O beautiful spacious skies 1022Ðthe Risk Assessment and Cost Benefit Small town editorials tirement plans. IRA's and 401(k) plans allow Festering full of lies tax-deferred accumulations of retirement sav- Act of 1995. I want the RECORD to show that if I had had the opportunity to be in this Farmers on the dole ings. Currently both are subject to a 10-per- Farmers on the dole cent penalty tax if funds are withdrawn before Chamber when these votes were cast, I would Hi-ho the dairytake retirement. My proposal would let dislocated have votes the following way: rollcall vote No. Rich farmers on the dole workers withdraw funds from these accounts 178, ``yea''; roll call vote No. 179, ``nay''; roll- Decades over and not be charged the 10-percent penalty call vote No. 180, ``yea''; rollcall vote No.181, And over it repeats tax. Allowing these workers to use some of ``yea''; rollcall vote No. 182Ð``yea''; rollcall Dole for welfare their retirement savings without paying the 10- vote No. 183, ``nay.'' Dole for cheats f The story’s never told percent penalty could be of considerable ben- About farmers on the dole efit to them at a time when they are in need THE BUDGET FOR CORPORATE Seeds not sown of money to pay their bills. FARMERS MUST BE CUT Wheat not grown My second bill would allow any person eligi- Plow the dollars ble for unemployment benefitsÐor an unem- HON. MAJOR R. OWENS Deep in the dirt ployed person whose benefits have expiredÐ Hide the shame OF NEW YORK to exclude from taxable income the capital Cover hypocrisy’s hurt IN THE HOUSE OF REPRESENTATIVES gain from the sale of his or her home. Farmers on the dole Under current law, homeowners are taxed Tuesday, March 7, 1995 Farmers on the dole Confess to free money’s role on the gain from the sale of a principal resi- Mr. OWENS. Mr. Speaker, American Agri- Rich farmers on the dole dence unless the home is replaced within 2 business is one of the most successful indus- Mortgage the barn years with a new one of equal or greater tries on the face of the Earth. Due to the vi- Until it drops value. Taxpayers aged 55 or over can ex- sion and foresight of the Congress which en- Timid taxpayers cludeÐon a one-time occurrenceÐthe capital acted the legislation which created the land Insure the crops gains from the sale of a principal residence of grant colleges, the agricultural experiment sta- Rural swindlers up to $125,000. This allows such individuals to tions, and the county agents, Government re- High on the hog move into a smaller home and apply the cap- search and development made it possible for Food for the homeless ital gain toward their retirement years. our farmers to leap way ahead of the rest of Thrown to the dog The story’s never told Dislocated workers are often forced to move the world. No other nation's agriculture indus- About farmers on the dole into a smaller homeÐor even rentÐjust to try is even close to the United States when it Republican patriots make ends meet. So, it makes no sense to comes to farm output and efficiency. Come play your role impose a capital gains tax on someone under Let us applaud the Department of Agri- Keep fat farmers those circumstances. culture and all of the nameless workers who On the dole.

∑ 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 534 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 1995 THE SAN DIEGO SUPERCOMPUTER haustive work on behalf of the people of our by their patients' medical needs. The following CENTER district. Those who were here tell of his com- studies represent just some of the evidence mitment to 12-hour days and 6-day work- that demonstrates when physicians are in a HON. RANDY ‘‘DUKE’’ CUNNINGHAM weeks. self-referring situation, they order more tests OF CALIFORNIA Roy Taylor was born, January 31, 1910, in and charge more money for services than IN THE HOUSE OF REPRESENTATIVES Vader, WA, but his parents moved to western non-self-referring physicians. The evidence is North Carolina not long after he was born. He convincingÐpatients need protection. Tuesday, March 7, 1995 attended the public schools in Buncombe [From the Department of Health and Human Mr. CUNNINGHAM. Mr. Speaker, I would County, spent 2 years at Asheville-Biltsmore Services] like to enter into the permanent RECORD of the College, and then graduated from Maryville SELF-REFERRAL STUDIES Congress of the United States the following College in Tennessee in 1931. brief outlining the work of the San Diego Mr. Taylor began a career as a school- A. Financial Arrangements Between Physi- teacher in 1931 at Black Mountain High cians and Health Care Businesses: Office of Supercomputer Center. This summary, based Inspector General—OAI–12–88–01410 (May largely on a ``Site Report'' article by Mr. Peter School and the next year married Evelyn 1989) Taylor, printed in the fall 1994 issue of the pe- Reeves of Leicaster. While teaching, Taylor In 1989, the Office of Inspector General riodical ``Computational Science and Engineer- began studying law and in 1936 graduated (OIG) issued a study on physician ownership ing,'' is intended to inform my colleagues and from Asheville University Law School. Upon and compensation from entities to which other interested citizens of the work of this passing the bar that same year, he quit his they make referrals. The study found that center in my community. teaching job and began to practice law in patients of referring physicians who own or invest in independent clinical laboratories The San Diego Supercomputer Center Asheville. received 45 percent more clinical laboratory (SDSC), one of four supercomputer centers In 1943, Taylor left his law practice to serve services than all Medicare patients in gen- sponsored by the National Science Founda- in combat with the U.S. Navy. Upon fulfilling eral, regardless of place of service. OIG also tion (NSF), is both a national resource and a his duty to the Nation, he was discharged as concluded that patients of physicians known tribute to the scientific ingenuity of the peo- a lieutenant in 1946. to be owners or investors in independent ple of San Diego County. After returning to western North Carolina, physiological laboratories use 13 percent SDSC’s mission is to advance scientific re- more physiological testing services than all search through computation, serve as a na- Taylor began his political career as a member Medicare patients in general. Finally, while tional focal point of development in key ena- of the North Carolina General Assembly from OIG found significant variation on a State bling high-performance computational tech- 1947 to 1949. He then served as Buncombe by State basis, OIG concluded that patients nologies, and enhance American economic County attorney from 1949 to 1960. During of physicians known to be owners or inves- competitiveness. With a staff of 100 sci- this time, he also served as a member of the tors in durable medical equipment (DME) entists, software developers, and researcher board of trustees of Asheville-Biltmore Col- suppliers use no more DME service than all support personnel, the center serves more lege. Medicare patients in general. than 4,850 researchers from 355 institutions In 1960, Taylor was elected as a Democrat B. Physicians Responses to Financial In- and 52 industrial partners. centives—Evidence from a For-Profit Ambu- In operation since 1986, SDSC is adminis- to the 86th Congress, during a special election latory Care Center; Hemenway D, Killen A, tered by General Atomics and is closely af- to fill the vacancy created by the death of Cashman SB, Parks CL, Bicknell WJ: New filiated with the University of California, Representative David Hall. Taylor was re- England Journal of Medicine, 1990:322;1059– San Diego. It receives policy guidance from elected to the eight succeeding Congresses 1063 a consortium of 27 leading universities and and retired in 1976. Taylor served 10 of those Health Stop, a chain of for-profit ambula- institutions. Major funding for the SDSC in- years as chairman of the House Interior Com- tory care centers, changed its compensation cludes grants from the NSC, the State of mittee's Subcommittee on National Parks and system from a flat hourly wage to a system California, and the University of California. Recreation. where doctors could earn bonuses that varied The center is involved in advanced sci- depending upon the gross income they gen- entific research, including the fields of After public service, Congressman Taylor erated individually. A comparison of the macromolecular structure and biomedical dedicated his time to the church and his com- practice patterns of fifteen doctors before computation. It participates in the develop- munity. He was district governor of Lions and after the change revealed that the physi- ment of new technologies, such as the sim- Clubs in western North Carolina. He also cians increased the number of laboratory ulation of global environmental change, ap- served as a deacon and Sunday school super- tests performed per patient visit by 23 per- plied computer network research, and oper- intendent of Black Mountain First Baptist cent and the number of x-ray films per visit ating systems development. Furthermore, Church. by 16 percent. The total charges per month, it’s close ties with the university and the Taylor is survived by his wife, Evelyn; adjusted for inflation, grew 20 percent, large- community foster educational and outreach ly due to an increase in the number of pa- programs, including undergraduate and post- daughter, Toni Robinson of Plymouth; son, tient visits per month. The authors con- graduate research, curriculum development, Alan Taylor of Bent Creek; granddaughter, cluded that substantial monetary incentives and demonstrations for students in grades K– Stacy Taylor; grandsons, Marshall and Gregg based on individual performance may induce 12. Robinson; sister, Alberta Greene of Enka; a group of physicians to increase the inten- The SDSC’s new MetaCenter collaboration great-grandchildren, Katherine Taylor Robin- sity of their practice, even though not all of with other NSF centers also gives scientific son and Charlotte Whittfield Robinson. them benefit from the incentives. researchers access, through a single portal, f C. Frequency and Costs of Diagnostic Im- to the country’s best available technologies aging in Office Practice—A Comparison of and intellectual resources. PATIENTS BEWARE: SELF-SERV- Self-Referring and Radiologist-Referring f ING PHYSICIANS URGE REPEAL Physicians; Hillman BJ, Joseph CA, Mabry OF PHYSICIAN SELF-REFERRAL MR, Sunshine JH, Kennedy SD, Noehter M. IN MEMORY OF REPRESENTATIVE LAWS New England Journal of Medicine, ROY TAYLOR 1990:322;1604–1608 This study compared the frequency and HON. FORTNEY PETE STARK costs of the use diagnostic imaging for four HON. CHARLES H. TAYLOR OF CALIFORNIA clinical presentations (acute upper res- OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES piratory symptoms, pregnancy, low back IN THE HOUSE OF REPRESENTATIVES Tuesday, March 7, 1995 pain, or (in men) difficulty in urinating) as Tuesday, March 7, 1995 performed by physicians who used imaging Mr. STARK. Mr. Speaker, the following list equipment in their offices (self-referring) and Mr. TAYLOR of North Carolina. Mr. Speak- of physician self-referral studies highlights the as ordered by physicians who always referred er, last week, western North Carolina lost a urgent need to uphold self-referral laws. patients to radiologists (radiologist-refer- great statesman and a friend. Former Con- Greedy physicians, interested more in per- ring). The authors concluded that self-refer- gressman Roy Taylor who served the constitu- sonal gain than in their patient's welfare, have ring physicians use imaging examinations at ents of North Carolina's 11th District for 16 mounted an effort to repeal these laws. least four times more often than radiologist- referring physicians and that charges are years died March 2, after years of declining Physician self-referral is one of the most usually higher when the imaging is done by health. significant cost drivers in American medicine. the self-referring physicians. Those dif- During his tenure on Capitol Hill, Congress- According to some experts, billions of dollars ferences could not be attributed to dif- man Taylor championed the conservation of are wasted each year on referrals motivated ferences in the mix of patients, the special- natural resource and was known for his ex- by physicians' financial gains and not strictly ties of the physicians or the complexity of March 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 535 the complexity of the imaging examinations utilization, charges, profits, and service physicians with a financial interest in joint- performed. characteristics. The Study found that visits venture imaging centers; and (2) referrals for D. Joint Ventures Among Health Care Pro- per patient were 39 to 45 percent higher in fa- imaging provided within the referring physi- viders in Florida: State of Florida Cost Con- cilities owned by referring physicians and cians’ practice settings. The analyses are tainment Board (September 1991) that both gross and net revenue per patient based on information collected by research- This study analyzed the effect of joint ven- were 30 to 40 percent higher in such facili- ers in Florida for the Florida Health Care ture arrangements (defined as any owner- ties. Percent operating income and percent Cost Containment Board and include infor- ship, investment interest or compensation markup were significantly higher in joint mation on 1990 Medicare claims for imaging arrangement between persons providing venture physical therapy and rehabilitation services ordered by Florida physicians. GAO health care) on access, costs, charges, utili- facilities. The study concluded that licensed analyzed approximately 1.3 million imaging zation, and quality. The results indicated physical therapists and licensed therapist as- services performed at facilities outside the that problems in one or more of these areas sistants employed in a non-joint venture fa- ordering physicians’ practice settings and existed in the following types of services: (1) cilities spend about 60 percent more time per approximately 1.2 million imaging services clinical laboratory services; (2) diagnostic visit treating patients than those licensed provided within the ordering physicians’ imaging services; and (3) physical therapy workers in joint venture facilities. Finally, practice settings. These results are signifi- services— rehabilitation centers. The study the study found that joint ventures also gen- cant because they are based on a large-scale concluded that there could be problems or erate more of their revenues from patients analysis of physician referral practices. that the results did not allow clear— conclu- with well-paying insurance. GAO found that physician owners of Flor- sions with respect to the following health H. Consequences of Physicians’ Ownership ida diagnostic imaging facilities had higher care services; (1) ambulatory surgical cen- of Health Care Facilities—Joint Ventures in referral rates than nonowners for almost all ters; (2) durable medical equipment suppli- Radiation Therapy; Mitchell JM, Sunshine, types of imaging services. The differences in ers; (3) home health agencies; and (4) radi- IH; New England Journal of Medicine 1992; referral rates were greatest for costly, high ation therapy centers. The study revealed no 327; 1497–1501 technology imaging services; physician own- effect on access, costs, charges, utilization, This study examined the effects of the ers ordered 54 percent more MRI scans, 27 or quality of health care services for; (1) ownership of freestanding radiation therapy percent more computed tomography (CT) acute care hospitals; and (2) nursing homes. centers by referring physicians who do not scans, 37 percent more nuclear medicine E. New Evidence of the Prevalence and directly provide services (‘‘joint ventures’’) scans, 27 percent more echocardiograms, 22 Scope of Physician Joint Ventures; Mitchell by comparing data from Florida (where 44 percent more ultrasound services, and 22 per- JM, Scott E: Journal of the American Medi- percent of such centers were joint ventures cent more complex X rays. Referral rates for cal Association, 1992:268:80–84 during the period of the study) to data from simple X rays were comparable for owners This report examines the prevalence and elsewhere (where only 7 percent of such cen- and nonowners. In addition, while referral scope of physician joint ventures in Florida ters were joint ventures). The analysis shows practices among specialities differed, physi- based on data collected under a legislative that the joint ventures in Florida provide cian owners in most specialties had higher mandate. The results indicate that physician less access to poorly served populations referral rates than nonowners in the same ownership of health career businesses provid- (rural counties and inner-cities) than non- specialty. ing diagnostic testing or other ancillary joint venture facilities. The frequency and GAO also compared the imaging rates of services is common in Florida. While the costs of radiation therapy treatments at physicians who have in-practice imaging study is based on a survey of health care free-standing centers in Florida were 40 to 60 patterns (i.e., more than 50 percent of the businesses in Florida, it is at least indicative percent higher than in non-joint venture fa- imaging services they ordered were provided that such arrangements are likely to occur cilities; there was no below-average use of within their practice affiliations) with physi- elsewhere. radiation therapy at hospitals or higher can- cians with referral imaging patterns (i.e., The study found that at least 40 percent of cer rates to explain the higher use or higher more than 50 percent of the imaging services Florida physicians involved in direct patient costs. Some indicators (amount of time they ordered were provided at facilities out- care have an investment interest in a health spent by radiation physicians with patients side their practice affiliations). GAO found care business to which they may refer their and mortality among patients with cancer) patients for services; over 91 percent of the show that joint ventures cause either no im- that physician with in-practice imaging pat- physician owners are concentrated in speci- provement in quality or a decline. terns had significantly higher imaging rates alities that may refer patients for services. I. Increased Costs and Rates of Use in the than those with referral imaging patterns— About 40 percent of the physician investors California Workers’ Compensation System as the imaging rates were about 3 times higher have a financial interest in diagnostic imag- a Result of Self-Referral by Physicians; for MRI scans; about 2 times higher for CT ing centers. These estimates indicate that Swedlow A, Johnson G, Smithline N, scans; 4.5 to 5.1 times higher for ultrasound, the proportion of referring physicians in- Milstein A; New England Journal of Medi- echocardiography, and diagnostic nuclear volved in direct patient care who participate cine, 1992;327;1502–1506 medicine imaging, and about 2 times higher in joint ventures is much higher than pre- The authors analyzed the effects of physi- for complex and simple X rays. vious estimates suggest. cian self-referral on three high-cost medical f F. Physicians’ Utilization and Charges for services covered under California’s workers Outpatient Diagnostic Imaging in a Medi- compensation physical therapy, psychiatric TRIBUTE TO ROSALIE AND care Population; Hillman BJ, Olson GT, Grif- evaluation and magnetic resonance imaging GEORGE EIKENBERG fith PE, Sunshine JH, Joseph CA, Kennedy (MRI). They compared the patterns of physi- SD, Nelson WR, Bernhardt LB: Journal of cians who referred patients to facilities of the American Medical Association, which they were owners (self-referral group) 1992:268:2050–2054 to patterns of physicians who referred pa- HON. BENJAMIN L. CARDIN This study extends and confirms the pre- tients to independent facilities (independent- OF MARYLAND vious research discussed in section C, above, referral group). The study found that phys- IN THE HOUSE OF REPRESENTATIVES by focusing on a broader range of clinical ical therapy was initiated 2.3 times more presentations (ten common clinical presen- often by the self-referral group than those in Tuesday, March 7, 1995 tations were included in this study); a most- the independent-referral group (which more ly elderly, retired population (a patient pop- than offset the slight decrease in cost per Mr. CARDIN. Mr. Speaker, I rise today to ulation that is of particular interest with re- case). The mean cost of psychiatric evalua- pay tribute to Rosalie and George Eikenberg, spect to Medicare reimbursement); and the tion services was significantly higher in the who were just named first runner-up of the inclusion of higher-technology imaging ex- self-referral group (psychometric testing, 34 Knights of Columbus' International Family of aminations. The study concluded that physi- percent higher, psychiatric evaluation re- the Year Program. The Eikenbergs live in cians who own imaging technology employ ports, 22 percent higher) and the total cost Elkridge, MD and their dedication and commit- diagnostic imaging in the evaluation of their per case of psychiatric evaluation services ment to their community and their family are patients significantly more often and as a re- was 26 percent higher in the self-referral sult, generate 1.6 to 6.2 times higher average group than in the independent-referral truly inspiring. imaging charges per episode of medical care group. Finally, the study concluded that of George Eikenberg worked for American Can than do physicians who refer imaging exam- all the MRI scans requested by the self-refer- Co. for 30 years and the Oles Envelope Co. ination to radiologists. ring physicians, 38 percent were found to be for 10 years. Rosalie is the cafeteria manager G. Physician Ownership of Physical Ther- medically inappropriate, as compared to 28 at Thunder Hill Elementary School. They had apy Services; Effects on Charges, Utilization, percent of those requested by physicians in two natural children and adopted four others. Profits, and Service Characteristics; Mitch- the independent-referral group. There were From 1962 to 1985, they opened up their fam- ell JM, Scott E: Journal of the American no significant difference in the cost per case ily to care for 42 foster care children, some of Medical Association, 1992:268:2055–2059 between the two groups. Using information obtained under a legis- J. Medicare: Referrals to Physician-Owned whom stayed for long periods of time. lative mandate in Florida, the authors evalu- Imaging Facilities Warrant HCFA’s Scrutiny In addition to their commitment to their chil- ated the effects of physician ownership of (GAO Report No. B–253835; October 1994) dren and foster children, the Eikenbergs have freestanding physical therapy and rehabili- The U.S. General Accounting Office (GAO) both volunteered their time to make their com- tation facilities (joint venture facilities) on issued a report regarding: (1) referrals by munity a better place to live. In addition to E 536 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 1995 their many commitments, George is treasurer children, 12 grandchildren, and 8 great-grand- NATIONAL SPORTSMANSHIP DAY of the Grand Knights of Columbus and is a children. Teresa Moore exemplifies the ideal member of the board of directors at Mt. St. Jo- of public service and community involvement. HON. JACK REED seph High School. He has served as an adult I am proud to recognize her for devoted and advisor for the CYO, and coached basketball unconditional service. OF RHODE ISLAND IN THE HOUSE OF REPRESENTATIVES and little league. f Rosalie has been equally busy. She is the Tuesday, March 7, 1995 former president of the mother's club at St. THE RECYCLING INFORMATION Mr. REED. Mr. Speaker, I rise in honor of Augustine's School, served on their parish CLEARINGHOUSE ACT OF 1995 National Sportsmanship Day, which is being council, and so did George, was president of observed today in America and throughout the the PTA at Waterloo Middle School and was HON. CURT WELDON world. A national sportsmanship day presents chairman of the Title I Program at Elkridge El- OF PENNSYLVANIA the opportunity to stress the importance of ementary School and St. Augustine's School. IN THE HOUSE OF REPRESENTATIVES ethics and fair play, both on the playing field Rosalie and George Eikenberg are an in- and in the classroom. spiring example to all of us that we can al- Tuesday, March 7, 1995 National Sportsmanship Day was conceived ways find the time if we want to make our Mr. WELDON of Pennsylvania. Mr. Speaker, by the Institute for International Sport, which is community a better place. I hope my col- the Recycling Information Clearinghouse Act located in my district at the University of leagues will join me in extending congratula- calls for the creation of a recycling clearing- Rhode Island, to create an awareness of the tions and best wishes to a family that truly is house within the Environmental Protection issues of ethics, fair play, and sportsmanship a ``Family of the Year.'' Agency's [EPA] Office of Solid Waste Man- within athletics and society. Since its inception f agement. With the monumental environmental in 1991, over 7,000 schools in all 50 States, problems this Nation faces in the future, it is have benefited from this program. This year SOLDIER’S MEDAL FOR SGT. imperative we examine all possible solutions JERRY SEABAUGH 5,000 schools from all 50 States and 48 coun- to these problems. tries will join in the National Sportsmanship HON. IKE SKELTON America's garbage problem is heavy indeed. Day festivities. Each year we generate over 180 million tons The goal of good sportsmanship is an im- OF MISSOURI of garbage. We discard enough paper in a IN THE HOUSE OF REPRESENTATIVES portant one. It is worthwhile for us to dem- year to build a 12-foot high wall stretching onstrate to our children the good values and Tuesday, March 7, 1995 from coast to coast. Every hour we dispose of ethics learned through sports. These same Mr. SKELTON. Mr. Speaker, my congratula- 2.5 million potentially recyclable plastic bottles. lessons will guide them in all aspects of every- tions to Sfc. Jerry Seabaugh of Jefferson City, The EPA estimates that this amount of waste day life. MO, who was recently awarded the pres- will continue to increase rapidly through the With the help of Sports Ethics Fellows like tigious Soldier's Medal, the Army's highest year 2000. Olympic skater Bonnie Blair, the institute is peace time medal for valor. Sergeant Our traditional method of disposing of gar- providing an example of the pride young ath- Seabaugh, a member of the Missouri National bage in landfills is becoming obsolete. Ten letes can find in competition. As a result, Guard, saved the life of State Representative years ago in Pennsylvania, we had over 1,000 young athletes learn that while winning is a Sue Shear from flooding waters in Jefferson active landfills; today we have under 100. In goal worth working for, it is honesty, integrity, City. Sergeant Seabaugh rescued Mrs. Shear addition to dwindling capacity, the cost to and hard work that is most important. from her car which was nearly submerged by dump in landfills is skyrocketing. The latest Mr. Speaker, I ask my colleagues to join the the high water. trend in disposal technology is incineration. President's Council on Physical Fitness and This award, approved by the Secretary of Unfortunately, this method has proven to be Sports and the Rhode Island congressional the Army, is rarely given, and I know that the both hazardous and inefficient. delegation in recognizing this day. The first step in tackling our waste problem Members of this body join me in saying a job f well done to Sergeant First Class Seabaugh. is to convert from a throwaway society to a re- His heroism not only makes the Missouri Na- cycling one, by shifting our focus from waste TRIBUTE TO MARIETTA SMALL tional Guard proud, but all Missourians as disposal to waste reduction. Although we pos- well. sess the technology to recycle 80 to 90 per- cent of glass and aluminum, we recycle only HON. EDOLPHUS TOWNS f 13 percent of our garbage annually. Recycling OF NEW YORK TRIBUTE TO TERESA AUDREY is cleaner and more energy efficient than both IN THE HOUSE OF REPRESENTATIVES MOORE landfills and incineration. Having set up the first comprehensive recy- Tuesday, March 7, 1995 HON. EDOLPHUS TOWNS cling program in Pennsylvania, I know recy- Mr. TOWNS. Mr. Speaker, in my district I OF NEW YORK cling works at the local level. Our recycling am fortunate to have people who provide as- IN THE HOUSE OF REPRESENTATIVES programs have provided substantial savings in sistance to members of the community who county disposal costs. The key to success is wish to pursue their eduction. Marietta Small Tuesday, March 7, 1995 information. The success of Delaware County is illustrative of that type of educator. Marietta Mr. TOWNS. Mr. Speaker, I am pleased to should be made available to other officials is chairperson of the Husain Institute of Tech- introduce to my colleagues Teresa Audrey who are interested in setting up their own pro- nology [HIT] which provides excellent com- Moore, a tireless community servant. Ms. grams. puter technical training to adults and mathe- Moore was born in Pittsburgh, PA. She moved My legislation would create a clearinghouse matics and english training to elementary stu- to New York in 1941 and worked for Brooklyn of information on the national level in the EPA. dents of the local community. Union Gas until her retirement in 1985. The bill would authorize $500,000 to be Marietta was appointed to community board Ms. Moore has been very active since she matched by the private sector. The clearing- No. 17 in recognition of her assiduous per- retired. She has been involved in Area policy house would provide easy access to informa- formance and exemplary track record in com- board No. 5, is a member of community board tion regarding recycling to any interested State munity affairs. She was elected to the office of No. 5, works on the board of elections, and is or local officials through a toll-free hotline. State committeewoman of the 42d assembly treasurer of Central Brooklyn A.A.R.P. chapter Technical assistance would be disseminated district in September, 1986, where she served No. 4171. Additionally, she is a member of the through seminars and other resources. until 1992. senior advisory committee for the department Although the clearinghouse will not eliminate Due to reapportionment she was redistricted of aging and the State of New York. Teresa the waste problem, it is definitely a step in the into the newly created 58th assembly district, also volunteers her time at Pink Senior Center right direction. Recycling can be a clean, cost- where she successfully ran for State com- and at East Brooklyn High School where she effective means of dealing with our garbage mitteewoman and is presently serving her sec- positively impacts the lives of young people. glut. I urge my colleagues to join me in sup- ond term. I am honored to recognize Marietta When she is not performing labors of love, port of the Recycling Clearinghouse Informa- Small for her relentless dedication to helping Ms. Moore is attending to the needs of her 3 tion Act. the community. March 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 537 HONORING A HOOSIER HERO selves or any one of us who survive them. As a certified New York City Fire Safety Di- Captain Palmer and the three Ranger trainees rector, Arlene has consistently ensured stellar HON. DAN BURTON that died with him laid down their lives so that safety performances by all individuals who OF INDIANA we might be free. Their deaths were not work with the Good Paz Development Corp. I IN THE HOUSE OF REPRESENTATIVES senseless. The tragedy at Eglin Air Force am honored to recognize Arlene Suarez for Tuesday, March 7, 1995 Base reminds us that our freedom comes at a her professionalism and dedication. high price. Readiness and preparednessÐen- f Mr. BURTON of Indiana. Mr. Speaker, I sured by training missions like the one that would like to take a moment to honor the life claimed young Milton and three of his broth- TRIBUTE TO JAMES W. and memory of a young Hoosier soldier who ersÐdeter our enemies and prevent war. GALLAGHER recently fell while serving his country in the These men did not die in vain. U.S. Army. And so, it is fitting that Arlington National Capt. Milton Palmer was a bright and com- Cemetery, the eternal home of so many of HON. CURT WELDON mitted American soldier pursuing his dream of America's other heroes and martyrs, will serve OF PENNSYLVANIA becoming an Army Ranger and serving his as Capt. Milton Palmer's final resting place. IN THE HOUSE OF REPRESENTATIVES country for the balance of his life. Training in For Captain Palmer was a hero, epitomizing the swamplands of Florida's Eglin Air Force the American military tradition of fidelity and Tuesday, March 7, 1995 Base, Captain Palmer was just a few days bravery, preserving our freedom, and chal- Mr. WELDON of Pennsylvania. Mr. Speaker, away from completing the grueling 13-week lenging us to follow his courageous example. trial that would set him apart as one of Ameri- I rise today to recognize an outstanding con- ca's elite soldiersÐa U.S. Army Ranger. The f stituent, James W. Gallagher, for his service final days of training were understandably the WINNERS OF BLACK HISTORY to the Nation and Delaware County, PA. most difficult, the most demanding. During one COMPETITION A resident of Newtown Square, PA, Mr. Gal- of these fateful days, the Ranger trainees had lagher is well known and highly regarded by to simulate an assault operation in chest-deep, HON. ALCEE L. HASTINGS many people throughout our community for his 50-degree waters, which would push any man selfless charitable contributions. A graduate of OF FLORIDA to the very edge of survival. the University of Pennsylvania's Wharton IN THE HOUSE OF REPRESENTATIVES Captain Palmer would not join his fellow School and a U.S. Marine Corps veteran, Jim trainees as they graduated from the Ranger Tuesday, March 7, 1995 has remained dedicated to his country as an Program in Fort Benning, GA, and solemnly Mr. HASTINGS of Florida. Mr. Speaker, I active historian, by preserving our patriotic his- accepted their new monikers. He and three would like to take this opportunity to congratu- tory like no other. other determined would-be Rangers died of late seven students in my district who won the Jim is best known throughout the region and hypothermia during that combat training exer- Black History and Cultural Brain Bowl competi- the Nation as his alter ego, ``George Washing- cise on February 15. tion. ton.'' As vice-president of the Washington While I did not know Captain Palmer, I know These outstanding students are Mickel Crossing Foundation, Jim portrays George some of his inspiring story. He was the middle Anglin, Kevan McIntosh, Kim Jefferson, Washington as the principal speaker at the child of three. Along with his older sister Torria Latonya Cooper, Jason Gibson, Markease Nationwide Bell Ringing Ceremony sponsored and little brother Nathan, Milton grew up in a Doe, and Rolando Cooper. All seven attend by the Pennsylvania Society at Independence military family. His parents were able to keep Plantation High School. Hall in Philadelphia. Jim portrays our first the family close-knit, even during the moves For 6 months these students studied black President every Christmas in the reenactment and long tours of duty that are common history during lunch, after school, late at night, of Gen. George Washington's historic journey among Army families. His father, a retired and on weekends. They read books by major during the Revolutionary War. He has pro- major, dedicated his entire adult life to military African-American authors, and learned about moted the legacy of George Washington by service, and Milton planned to follow in his fa- the contributions that African-Americans have appearing in many parades and in our Na- ther's footsteps. He was only 27 when he took made to American history, politics, sports, en- tion's Capitol in costume. the last of these steps. tertainment, the arts, and sciences. Jim, like many throughout our great Nation, Like other American heroes and leaders, They won the Broward County School dis- has worked to overturn the Supreme Court's Captain Palmer had an indomitable spirit and trict competition in October, and in late Feb- decision of 5 years ago that ruled people who a willingness to meet adversity head-on. He ruary beat out 10 other teams for the trophy burn American flags are entitled to legal pro- attended the Citadel Military Academy, grad- and 4-year college scholarships. tection under the first amendment's provisions uating with honors in 1990. Once in the serv- I am proud to represent such outstanding regarding free speech. As cosponsor of the ice of his country, Captain Palmer earned sev- young people and I am confident that all of flag protection amendment, I am gratified the eral achievement commendations. He was these students will join the next generation of amendment has been reintroduced and is awarded for his skills as an infantryman and African-American leaders. gaining wide support among Members. parachutistÐ``leading the way''Ðto para- f As a member of the General Society Sons phrase the Ranger motto. And not long after of the Revolution, Jim published an eloquent graduation, he entered the Ranger Training TRIBUTE TO ARLENE SUAREZ and inspirational piece entitled ``Freedom is a Program in hopes of realizing one of his ambi- Light for Which Many Men had Died in Dark- tious goals. Suffering from exposure and frost- HON. EDOLPHUS TOWNS ness.'' I would like to submit this article for the bite, Milton was eventually forced to cut short OF NEW YORK record so that my colleagues can appreciate his participation in the demanding and grueling IN THE HOUSE OF REPRESENTATIVES Jim's keen insight. It is my hope that those program. Tuesday, March 7, 1995 who read it will be inspired as I was to reflect But this would not deter him from pursuing upon our rich historic roots. his dream of joining the ranks of the U.S. Mr. TOWNS. Mr. Speaker, in my district I I have been honored to work with Jim and Army Rangers. Captain Palmer would return am fortunate to have business people who are am pleased to call him a friend. He deserves to the Ranger Program to inspire his com- dedicated to supporting the community. Arlene our recognition and continued support. I ask rades as they pursued the same dream. He Suarez is one such person. Arlene was born the Members of the House to join me in hon- would challenge them to overcome both the and raised in New York City and attended oring this outstanding American. elements that weakened their bodies and the Mother Cabrini High. She then attended New FREEDOM ISA LIGHT FOR WHICH MANY MEN fears that tried their spirits. It was during this York Institute of Technology where she ma- HAVE DIED IN DARKNESS second trial in the Ranger Program that Capt. jored in Computer Science and Business Man- Milton Palmer would pass away. He died while agement. (By James W. Gallagher) pursuing his goal, inspiring those who knew Arlene has been employed by Good Paz Independence Day is a day to remember him and his story through it all. Development Corp. [Good Paz] as managing what transpired here 218 years ago. In July 1776 John Adams wrote a letter to his wife, However, to remember Captain Palmer and director for commercial properties for the past Abigail, in Massachusetts. He wanted her to those other fallen trainees only for their pursuit 7 years. As the liaison between the Good Paz know about an important vote that he had of a common personal goals is not enough, Corp. and the Bedford-Stuyvesant community just cast in Philadelphia as a member of the because in the end these brave young men she has been actively involved in the reopen- Continental Congress. The subject of his let- died for something much greater than them- ing of the Paz Williamsburg Center. ter was the passage that day of something E 538 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 1995 that we now call the Declaration of Inde- Just five years ago the Supreme Court funding will be reduced by 5 percent per year pendence. Adams wrote his wife that a single ruled that people who burn American flags and will be phased out completely in 20 years. day in July 1776 would be honored ‘‘as the are entitled to legal protection under the The States have proven themselves to be most memorable day in the history of Amer- First Amendment’s provisions safeguarding ica.’’ free speech. This decision outraged many more successful than the Federal Government That is a remarkable prediction to make Americans who see the flag as a sacred sym- in dealing with welfare and developing innova- about a nation that did not even exist then, bol of the country, as a symbol of our values tive and effective solutions. States better un- that first had to free itself from the control that ought to be respected and, especially, as derstand the problems within their own com- of the world’s most powerful country. Other a symbol of the brave sacrifices of our men munities and can more efficiently determine predictions that Adams wrote to his wife and women in wartime. We want to amend who should be eligible to receive benefits. about a special day in July 1776 were right on the Constitution to allow the states and the Consider, for example, Wisconsin. Governor target, too. In his letter he said, ‘‘It will be federal government to enact laws prohibiting Tommy Thompson's welfare reform proposal celebrated by succeeding generations as a physical desecration of the flag. If it is in the great anniversary festival. It ought to be sol- Constitution then the courts cannot rule it has reduced State welfare rolls by 25 percent emnized with pomp and parades, with shows, unconstitutional. and saved the taxpayers $16 million per games, sports, guns, bells, bonfires and illu- ‘‘Old Glory’’ is precious to me. So is the month. In Michigan, Governor John Engler re- minations . . . from one end of the continent idea that government should be answerable quires that welfare recipients sign a social to the other . . . from this time forward . .. to the people. We hear more these days about contract agreeing to work, receive job training, forever more.’’ the search for values in America. Some of us or volunteer at least 20 hours a week. In just John Adams got only one major detail do not have to look very far to find values. wrong in his amazing prediction—he had the 2 years, the plan has helped almost 50,000 We start with devotion to God, love of coun- welfare recipients gain independence, and wrong date. try and respect for the flag. These are solid He wrote his wife that he could foresee foundations upon which this country has welfare caseloads have fallen to their lowest those parades and fireworks happening every been built and they are foundations upon level in 7 years, saving the taxpayers $100 year on July Second. That is because it was which we can grow. If we need to find values, million. on July 2, 1776 that the Continental Con- we can start with the values laid down 218 The urgent need for reformÐparticularly gress, meeting in secret session, actually years ago in that remarkable document we welfare reformÐwas exemplified during the voted on the Declaration of Independence. honor today, the Declaration of Independ- November elections. It is time for the Govern- Two days later, on July 4, the delegates to ence. It says: ‘‘We hold these truths to be the Continental Congress signed the Declara- ment to return control to the States. My pro- self-evident, that all men are created equal, posal to shift the power to the local level is tion. Also on that day they came out of their that they are endowed by their Creator with secret session and showed the world what certain unalienable Rights that among these ambitiousÐyet it is only at the local level that they had done. are Life, Liberty and the pursuit of Happi- the most effective solutions and most efficient Does that mean we are wrong in celebrat- ness. That to secure these rights govern- answers will be found. ing July Fourth? Should we be having Sec- ments are instituted.’’ f ond of July picnics and Second of July fire- That is still the best statement of who we works? No. are as a people, what we hold dear and what TRIBUTE TO BEVERLY TWITTY Most legal documents take effect when we will fight to preserve. they are signed and July Fourth is the day God Bless America. when signatures were put on a draft of that f HON. EDOLPHUS TOWNS incredible document written by Thomas Jef- OF NEW YORK ferson. REFORMING THE WELFARE IN THE HOUSE OF REPRESENTATIVES Many historians will tell you it is not be- SYSTEM ‘‘NO STRINGS ATTACHED’’ cause of the signatures that we use July 4 as Tuesday, March 7, 1995 the official birthday of our country. It is be- cause that is the day people first heard about HON. RICHARD ‘‘DOC’’ HASTINGS Mr. TOWNS. Mr. Speaker, in my district I the Declaration of Independence. In this OF WASHINGTON am fortunate to have individuals dedicated to country the people count. What is important IN THE HOUSE OF REPRESENTATIVES helping the Brooklyn community. Beverly is the involvement of the people in managing Tuesday, March 7, 1995 Twitty personifies this kind of dedication. Bev- their own affairs, not governmental bodies erly is a native New Yorker, educated in the Mr. HASTINGS of Washington. Mr. Speak- making decisions in secret. For most of New York City public school system. She at- human history—and even in large parts of er, I rise today to introduce legislation aimed tended Brooklyn College and New York Uni- the world today—that is still a revolutionary at reforming our failed Federal welfare system. versity where she earned a B.A. degree and idea. Reforming welfare is among my top priorities two masters degrees respectively. We should remember every July Fourth and is supported by a majority of the Amer- that the rights we often take for granted do Beverly is involved in many community ac- ican people. not come easily or automatically. Those tivities and has been very active for many The time for reform has come. Since 1965 rights are re-purchased by each generation, years with the Girl Scouts and the American we have spent $5 trillion on the War on Pov- often at a terrible price. Red Cross. She is a former member of Oper- ertyÐyet the poverty rate is higher today than Nearby we have the graves of some of our ation Bread Basket, the economic arm of the Revolutionary War dead. They know that it was then. The current welfare system has Southern Christian Leadership Conference. freedom is not free since they paid with their failed both the people it was created to help Beverly Twitty is a member of the Corner- very lives. On the tombstone [of the Un- and those whose tax dollars support it. It is a stone Baptist Church and continues to be an known Soldier in Washington Square] is the bureaucratic nightmare and it offers the wrong inscription ‘‘Freedom is a Light for Which inspiration to the community. I am proud to incentives for recipients. It fosters illegitimacy Many Men Have Died in Darkness.’’ recognize Beverly Twitty for her unyielding and dependency, rather than strong families Fifty years ago today the beachhead at dedication to the Brooklyn community. Normandy was not quite a month old. Nearly and economic independence. We must act a million men and women from the United now to enact fundamental and far reaching f States, Great Britain and our wartime allies change. NATIONAL CLEAN WATER TRUST had landed there. They were beginning to I believe the most important change Con- FUND ACT OF 1995 spread out from that small foothold in gress can make would be to allow States and northern France and each mile of liberated local communities the flexibility to find creative Europe demanded a high price in human lives and suffering. Many terrible struggles solutions and determine who should be eligi- HON. PETER J. VISCLOSKY were still ahead of the U.S. military 50 years ble to receive benefits. The legislation I am in- OF INDIANA ago today during World War II. troducing empowers States and local commu- IN THE HOUSE OF REPRESENTATIVES Today our enemies are harder to identify, nities by shifting the responsibility for welfare but they are out there. Our commitment to to the States in a single block grantÐwith no Tuesday, March 7, 1995 the men and women in uniform should be as strings attached. Mr. VISCLOSKY. Mr. Speaker, today, I am strong today as it was 50 years ago. History I repeat: no strings attached. This isn't just introducing legislation to expedite the cleanup has taught us the best way to avoid war is to a swap for government control of Medicaid or of our Nation's waters. This bill, the National be better prepared than any adversary. Vigi- lance is also the watchword in our domestic other assistance programsÐit strictly empow- Clean Water Trust Fund Act of 1995, would life. Even the best of governments can forget ers the States and local communities to ad- create a trust fund established from fines, pen- that government is the servant of the people dress the problem in the most effective man- alties, and other moneys collected through en- and that the people should never be the serv- ner possible. No additional mandates would forcement of the Clean Water Act to help alle- ant of government. be imposed on the States. Finally, Federal viate the problems for which the enforcement March 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 539 actions were taken. This legislation is identical cleanup projects. Finally, to monitor the imple- ing the fact that Castro is only interested in to a measure I introduced with bipartisan sup- mentation of the national clean water trust perpetuating his own dictatorial rule. port in the last Congress, and it was the fund, I have included a reporting requirement At a time when the Castro regime is clear- model for a provision I secured in last year's ly on its last leg, the United States should in my legislation. One year after enactment, maintain pressure and resist any calls to lift Clean Water Act reauthorization bill, H.R. and every 2 years thereafter, the EPA Admin- the embargo. This was the clear message of 3948. istrator would make a report to Congress re- the Cuban Democracy Act of 1992, which the Currently, there is no guarantee that fines or garding the establishment of the trust fund. President supported; and it is the aim of the other moneys that result from violations of the My legislation has garnered the endorse- Cuban Liberty and Democratic Solidarity Clean Water Act will be used to correct water ment of several environmental organizations in Act (Libertad), which we recently intro- quality problems. Instead, some of the money northwest Indiana, including the Grand Cal- duced. goes into the general fund of the U.S. Treas- umet task force, the northwest Indiana chapter Any easing of the U.S. embargo at this time would send the absolutely wrong mes- ury without any provision that it be used to im- of the Izaak Walton League, and the Save the prove the quality of our Nation's waters. sage to Fidel Castro, and to the Cuban peo- Dunes Council. Further, I am encouraged by ple. We will fiercely resist any such move. I am concerned that EPA enforcement ac- the support within the national environmental tivities are extracting large sums of money community and the Northeast-Midwest Insti- f from industry and others through enforcement tute for the concept of a national clean water PRIVATE PROPERTY PROTECTION of the Clean Water Act, while we ignore the trust fund. I would also like to point out that, ACT OF 1995 fundamental issue of how to pay for the clean- in a 1992 report to Congress on the Clean up of the water pollution problems for which Water Act enforcement mechanisms, and En- the penalties were levied. If we are really seri- vironmental Protection Agency workgroup rec- SPEECH OF ous about ensuring the successful implemen- ommended amending the Clean Water Act to HON. RONALD D. COLEMAN tation of the Clean Water Act, we should put establish a national clean water trust fund. these enforcement funds to work and actually In reauthorizing the Clean Water Act, we OF TEXAS clean up our Nation's waters. It does not make have a unique opportunity to improve the qual- IN THE HOUSE OF REPRESENTATIVES sense for scarce resources to go into the bot- ity of our Nation's waters. The establishment Friday, March 3, 1995 tomless pit of the Treasury's general fund, es- of a national clean water trust fund is an inno- pecially if we fail to solve our serious water vative step in that direction. By targeting funds The House in Committee of the Whole quality problems due to lack of funds. House on the State of the Union had under accrued through enforcement of the Clean consideration the bill (H.R. 925) to com- Specifically, my bill would establish a na- Water ActÐthat would otherwise go into the tional clean water trust fund within the U.S. pensate owners of private property for the ef- Treasury Department's general fundÐwe can fect of certain regulatory restrictions. Treasury for fines, penalties, and other mon- put scarce resources to work and facilitate the eys, including consent decrees, obtained Mr. COLEMAN. Mr. Chairman, I rise today cleanup of problem areas throughout the in opposition to the bill H.R. 925. I am dis- through enforcement of the Clean Water Act Great Lakes and across this country. I urge that would otherwise be placed into Treasury's appointed because there were a series of im- my colleagues to support this important legis- portant measures that would have modified general fund. Under my proposal, the EPA Ad- lation. ministrator would be authorized to prioritize the legislation in such a way that I could have f and carry out projects to restore and recover supported it. Unfortunately, those measures waters of the United States using the funds BURTON AND TORRICELLI BLAST failed, and the bill that we are left with has ex- collected from violations of the Clean Water IDEA OF EASING CUBAN EMBARGO tremely alarming implications. Were this legis- Act. However, this legislation would not pre- lation enacted, the Federal Government would empt citizen suits or in any way preclude HON. DAN BURTON be saddled with a huge new entitlement pro- gram, with unknown costs. Not only will this EPA's authority to undertake and complete OF INDIANA legislation be tremendously expensive in terms supplemental environmental projects [SEP's] IN THE HOUSE OF REPRESENTATIVES as part of settlements related to violations of of Federal dollars, but the limitations that it will the Clean Water Act and/or other legislation. Tuesday, March 7, 1995 impose upon the regulatory power of Federal For example, in 1993, Inland Steel an- Congressman DAN BURTON, chairman of agencies could exact a huge toll upon human nounced a $54.5 million multimedia consent Western Hemisphere Affairs Subcommittee health and the environment. decree, which included a $26 million SEP and and ROBERT TORRICELLI, ranking minority Many of the proponents of this bill have a $3.5 million cash payment to the U.S. Treas- member of the subcommittee expressed tried to argue that the decision before us is ury. I strongly support the use of SEP's to fa- strong opposition to any easing of United essentially a constitutional question. They cilitate the cleanup of serious environmental States economic sanctions on Cuba. have frequently read from the fifth amendment problems, which are particularly prevalent in According to a report in the Washington provision which bars the Federal Government my congressional district. However, my bill Post today, several of President Clinton's ad- from taking private property without just com- would dedicate the cash payment to the visers are recommending that the economic pensation. But H.R. 925 raises a constitutional Treasury to the clean water trust fund. embargo on Cuba be eased, allowing dollar question only insofar as the bill requires us to The bill further specifies that remedial remittances to be sent to Cuba, and making it expand upon how this body chooses to define projects be within the same EPA region where easier to travel to Cuba. In response, Con- ``takings.'' In the past, this interpretation has enforcement action was taken. Northwest Indi- gressmen BURTON and TORRICELLI have been left to the jurisdiction of the courts. As ana is in EPA region 5, and there are 10 EPA issued the following statement: the takings question is fundamentally one of regions throughout the United States. Under We are absolutely dismayed over reports constitutional interpretation, the court system my proposal, any funds collected from en- that the Clinton Administration is consider- is probably the most appropriate forum for de- forcement of the Clean Water Act in region 5 ing easing certain aspects of the United termining the proper answer to this question. would go into the national clean water trust States economic embargo on Cuba. We be- Yet, the precedent adhered to by the Su- fund and, ideally, be used to cleanup environ- lieve that any easing of pressure on the Fidel preme Court dictates that Government action mental impacts associated with the problem Castro regime will only prolong the suffering must reduce the value of private property by of the Cuban people and will send the wrong for which the fine was levied. signal to the dictatorship. almost 90 percent before the owner can be To illustrate how a national clean water trust The communist dictatorship in Cuba is one compensated. Many of my colleagues felt that fund would be effective in cleaning up our Na- of the most notorious violators of human such a threshold was unreasonably high, and tion's waters, I would like to highlight the mag- rights in existence today. Despite the monu- wished to take steps to compensate property nitude of the fines that have been levied mental changes in the world over the past owners suffering large financial losses as the through enforcement of the Clean Water Act. six years, Fidel Castro remains as committed result of regulatory action. I strongly supported Nationwide, in fiscal year 1994, EPA assessed as ever in his nefarious, failed ideology. such initiatives. I feel that it is the proper role $35 million in penalties for violations of the The loss of over $6 billion a year in sub- of the Congress to craft legislation to meet the sidies from the Soviet Union has caused the Clean Water Act. These penalties represented Cuban economy to contract by sixty percent. changing needs of our society in a manner 27 percent of all penalties assessed by EPA It is for this reason that Castro, desperate consistent with the intent of the Framers of the under various environmental statutes. for foreign currency, has been forced to Constitution. I firmly believe that property own- My bill also instructs EPA to coordinate its adopt superficial measures aimed at increas- ers should not be subject to undue financial efforts with the State in prioritizing specific ing foreign investment. There is no mistak- burdens as a result of Government actions. E 540 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 1995 However, this bill is not crafted simply to set TRIBUTE TO ELINORE MANDELL TRIBUTE TO JUDGE JUDITH M. new limitations on Government regulations. In- ASHMANN deed, this bill fundamentally redefines the ``takings'' question, giving it a meaning so HON. EDOLPHUS TOWNS HON. HOWARD L. BERMAN broad that it has in effect been rendered OF NEW YORK meaningless. OF CALIFORNIA Under the provisions of this bill, any prop- IN THE HOUSE OF REPRESENTATIVES HON. HENRY A. WAXMAN erty owner who can demonstrate a loss of Tuesday, March 7, 1995 value to their property of 10 percent or more OF CALIFORNIA will be entitled to Federal compensation. Un- Mr. TOWNS. Mr. Speaker, I would like to HON. ANTHONY C. BEILENSON fortunately, this threshold is absurdly low. acknowledge Ms. Elinore Mandell, a native of OF CALIFORNIA Landowners will be tempted under the terms Brooklyn. Ms. Mandell was born, reared and of this provision to subdivide their property to educated in Brooklyn. Her children are prod- IN THE HOUSE OF REPRESENTATIVES meet the threshold, thereby resulting in a ucts of the public school system. And her Tuesday, March 7, 1995 grandchildren currently attend public school. plethora of cases brought against Federal reg- Mr. BERMAN. Mr. Speaker, we are honored ulatory agencies. The bill makes no provision Elinore Mandell has always been concerned to pay tribute to Judge Judith M. Ashmann, to prevent this from happening. The bill also about the quality of life for children. Her con- supervising judge of Los Angeles Superior fails to make any provisions to prevent specu- cern and devotion was quite evident during Court's North Valley district, who has been lation. If an individual buys land with the full her children's formative years when she par- named Judge of the Year by the San Fer- knowledge of pending regulations that will im- ticipated in various community activities. She nando Valley Bar Association. Judge pact upon the value of their property, they are served as an assistant leader for both the Ashmann, a friend for many years, has a dis- nonetheless able to seek compensation under Brownies and Girl Scouts, and as a den moth- tinguished legal career, including her tenure the terms of this bill should those regulations er for the Cub Scouts. And she also held a on the superior court bench, nearly 6 years go into effect. Although I am certain that this number of positions in the parents association. spent as a municipal court judge in Van Nuys is not an intended result of the bill, it is impor- In 1980 Elinore moved to East New York/ and a decade working in the city, State and tant to note that efforts to remedy this over- Starrett City and ran successfully for member- Federal attorney offices. sight failed in committee. ship on the district 19 school board, where Last year, in the aftermath of the devastat- Aside from the technical problems of the bill, she served for 10 years. She retired from the ing Northridge Earthquake, Judge Ashmann we must also face the fact that the language school board in 1993. Elinore is employed by had her finest hour. The San Fernando court- of this legislation threatens to vastly increase Assemblyman Anthony Genovesi as his ad- house suffered severe damage, rendering it the size of the Federal Government. In estab- ministrative assistant, and has ably served him uninhabitable. Without quick action by Judge lishing procedural channels for direct negotia- for the past 20 years. Ashmann, the result could have been chaos. tions between Federal agencies while simulta- But she kept her cool under fire, supervising neously promising to compensate all property f the orderly transfer of judicial duties to other owners who lose even 10 percent of their locations, including trailers outside the Van property value through regulations, we will RECOGNITION OF NATIONAL Nuys courthouse. At the same time, Judge open up a floodgate of litigations aimed at our SPORTSMANSHIP DAY, MARCH 7, Ashmann embarked on an ambitious, time- various regulatory agencies. This bill will cer- 1995 consuming but absolutely essential project to tainly increase the size of these Federal agen- eliminate the backlog of civil cases created by cies. The agencies will be forced to hire a the earthquake, the most expensive natural huge legal staff to help them determine the HON. PATRICK J. KENNEDY disaster in American history. During a 2-week period, teams of volunteer validity of claims brought against them. In ef- OF RHODE ISLAND fect, this bill ensures an increased bloating of attorneys and judges assembled by Judge our Federal bureaucracy. It seems strange to IN THE HOUSE OF REPRESENTATIVES Ashmann disposed of more than 1,000 cases in San Fernando Valley courts. Along with me the very people who are attacking big Tuesday, March 7, 1995 Government are actively engaged in the proc- community leaders, Judge Ashmann has been ess of creating one. Mr. KENNEDY of Rhode Island. Mr. Speak- responsible for restoring a sense of normalcy The takings problem is large enough that it er, I rise today in support of March 7, 1995 to the earthquake zone. deserved a substantial portion of our time and being recognized as National Sportsmanship Mr. Speaker, we ask our colleagues to join effort toward the creation of an effective solu- Day. Since its inception in 1991, over 7,000 us today in saluting Judge Judith Ashmann, who combines a sound legal mind with excep- tion. Instead, the Republicans in this body schools nationwide have taken part in cele- tional qualities of leadership. She is an inspira- acted hastily to present us with a bill that is brating the essential life lessons that are de- tion to all of us. clumsy and will doubtlessly prove ineffective. veloped through participation in sports. The Surely there were better ways to address the participants, who range from elementary stu- f problem. Instead, we have just established a dents right up through the university level will TRIBUTE TO SUSAN PINTO brand new entitlement program, with uncertain spend the day in constructive competition. costs and a vast scope. Just as Republicans For the past 5 years, the Institute for Inter- are attacking Democrats for failing to endorse national Sport, located at the University of HON. EDOLPHUS TOWNS the balanced budget, they establish a program Rhode Island, has worked hard to help estab- OF NEW YORK that may render such a balance impossible. lish greater awareness in the area of physical IN THE HOUSE OF REPRESENTATIVES Without calculating the costs of this bill, they fitness. In addition to National Sportsmanship have proposed a new program that will cer- Day, the institute works all year to promote ini- Tuesday, March 7, 1995 tainly cost the American taxpayer billions of tiatives like the Student-Athlete Outreach Pro- Mr. TOWNS. Mr. Speaker, I would like to dollars. Of course, many of those dollars will gram, where student-athletes from high highlight the contributions of Susan Pinto who go not to small property owners. Under the schools and colleges travel to local elementary was born and raised in Brooklyn. Susan is that terms of this bill, we will be taking money out and middle schools to serve as positive role rare person who travels to the beat of a dif- of necessary programs, and using it to line the models and promote good sportsmanship. ferent drummer. She attended parochial ele- pockets of many wealthy landowners and in- I fully support these initiatives and would mentary and secondary schools, and grad- dustrialists, a new breed of speculators, law- like to acknowledge all the individuals who uated from Brooklyn College. After completing yers for the Government, lawyers for those have devoted their time and efforts to broaden college, she began performing drug-free treat- who file claims, and the Federal bureaucrats participation in the arena of friendly competi- ment work. Susan helped design and open who will be central to sorting out this new law tion and sportsmanship. treatment and prevention programs in East long after we are gone. Language to prevent New York, Brownsville, Bed-Stuy, Sheepshead this outcome was presented in the Porter, Bay, and Canarsie. She is a certified sub- Farr, Ehlers, and Bryant amendment. Unfortu- stance abuse counselor [CSAC]. nately, this effort failed. Susan is a woman of commitment to every- While I would like to see the role of the Fed- thing she is involved in, particularly her imme- eral Government limited in relation to the diate, extended family, and circle of friends. rights of the owners of private property, I do Her other endeavors include work in real es- not feel that H.R. 925 achieves that goal. tate sales and management, construction, and March 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 541 development. Susan Pinto is a member of the The West's first concrete evidence on the to the marine environment is significant if we Rosetta Gaston Democratic Club, and the dumping came last summer following the re- fail. The Ocean Radioactive Dumping Ban Act interfaith auxiliary. I am proud to commend her lease of the Yablokov report which was com- will significantly strengthen our position and to my House colleagues. missioned by President Boris Yeltsin to detail will set an example as we further discuss such f the extent of Soviet nuclear disposal at sea. dumping with the Russian Federation. According to the report, the Soviet Union has Clearly the world's oceans should not be OCEAN RADIOACTIVE DUMPING dumped over 2.5 million curies of radioactive used as nuclear disposal sites. I ask my col- BAN ACT OF 1995 waste into the Arctic Ocean and other marine leagues to join me in sending a strong mes- environments. By comparison, the accident at sage to the rest of the world, and support the HON. CURT WELDON Three Mile Island in my home State of Penn- Ocean Radioactive Dumping Ban Act of 1995. sylvania released 15 curies of radiation. OF PENNSYLVANIA f During the hearing, the subcommittee dis- IN THE HOUSE OF REPRESENTATIVES covered that since 1959, the former Soviet PROMOTING THE PRIVATE SECTOR Tuesday, March 7, 1995 Union dumped into the ocean 18 nuclear reac- IN AFRICA Mr. WELDON of Pennsylvania. Mr. Speaker, tors and a reactor screen, 11,000 to 17,000 currently the ocean dumping of radioactive canisters of nuclear waste, and hundreds of HON. DAN BURTON thousands of gallons of liquid radioactive waste is regulated under the Ocean Dumping OF INDIANA waste. It also learned that nuclear waste total- Act [ODA] allows dumping of radioactive IN THE HOUSE OF REPRESENTATIVES waste only after Congress has passed a joint ing 10 million curies is currently stored aboard Tuesday, March 7, 1995 resolution authorizing the dumping. Although vessels in Murmansk harbor. this provision has been in force since 1985, Although water quality monitoring in the Arc- Mr. BURTON of Indiana. Mr. Speaker, I Congress has yet to authorize any radioactive tic suggests that large-scale contamination of want to commend the Subcommittee on Africa dumping. the ocean has yet to occur, our knowledge under the able chairmanship of our colleague about the possibility of future leakage and For decades, U.S. law on ocean pollution ILEANA ROS-LEHTINEN, on their upcoming hear- transportation is very limited. Significant envi- has been more stringent than international ing on promoting the private sector in Africa. ronmental contamination is a real possibility in law. At the time of enactment, the radioactive As ranking member of that subcommittee over the future. dumping provisions in the ODA were among 8 years, I felt very strongly that only through Even after the fall of communism, Moscow the most restrictive in the world, going well be- the proper and vigorous encouragement of the has continued to dispose of radioactive waste yond international treaty obligations. That is no private sector will Africa be able to develop at sea. In October 1993, Russia dumped 900 longer the case. and prosper. tons of low-level radioactive waste in the Sea The Ocean Radioactive Dumping Ban Act In this context, I want to highlight the activi- of Japan in violation of a previously agreed corrects this, eliminating ODA's current ardu- ties and efforts of the Corporate Council on upon international moratorium. According to Africa, which is doing yeoman's work in ad- ous permitting process and replacing it with a Japanese press accounts, high ranking Rus- vancing these goals. simple ban. It ensures that the United States sian officials have admitted that ocean dump- I also want to salute two members of the retains its leadership position in protecting the ing is likely to persist. council. M&W Pump has done fantastic work world's marine environment. The Russian Federation's actions followed in Nigeria and elsewhere, through its water The relevance of the United States banning the October 1993 dumping have only rein- pump business which has benefited so many radioactive dumping is far-reaching. Histori- forced these fears. Russia was one of only people. Finally, Coca-Cola one of the largest cally, the United States has set international five nations to abstain from voting to approve policy on ocean dumping of radioactive waste. the London Convention radioactive dumping and oldest companies in Africa, has been a Until last year, the United States had resisted ban in November 1993. Then, in February very positive force in Africa. Its social respon- an international ban. Through U.S. influence, 1994, it became the only nation to declare its sibility program in South Africa is exemplary, the issue was left unresolved. intention not to comply with the new inter- and it has indeed been a positive force on the That all changed last November when the national ban on dumping. continent. Clinton administration, following heavy lobby- Only through strong Western pressure will f ing from the Global Legislators Organization this change. But before we can pressure Rus- TRIBUTE TO SYLVIA STOVALL for a Balanced Environment [GLOBE] and sia, we have to act. That is why I reintroduced other organizations, reversed U.S. policy and the Ocean Radioactive Dumping Ban Act. This announced its support for a ban. act will make U.S. law consistent with the Lon- HON. EDOLPHUS TOWNS Prompted largely by the new U.S. position, don Convention by amending the ODA to ban OF NEW YORK in November 1993, the parties to the Conven- the dumping of radioactive waste. IN THE HOUSE OF REPRESENTATIVES tion on the Prevention of Marine Pollution by As with the amendments to the Conven- Tuesday, March 7, 1995 Dumping of Waste and Other Matter of 1972, tion's annexes I and II, which contain provi- known as the London Convention, amended sions exempting de minimis radioactive waste Mr. TOWNS. Mr. Speaker, there is a very annexes I and II to ban the deliberate ocean from the ban, the Ocean Radioactive Dumping special woman in Brooklyn named Sylvia Sto- dumping of low-level radioactive waste. The Ban Act exempts de minimis waste from the vall, who is a district administrator in district Convention has always banned the dumping ban. Since all matter is radioactive to some 13. Sylvia is also a consistent advocate on be- of high-level radioactive waste. degree, a de minimis, or negligible, exemption half of children. Her concern for the emotional During the 103d Congress, as the ranking is necessary to ensure that critical commercial and academic welfare of students is reflected Republican on the oceanography, Gulf of Mex- activities such as dredging can continue. in the mentoring she has done with young ico, and Outer Continental Shelf Subcommit- Although no uniform definition for de men and women, many of whom have grad- tee, and the newly appointed chairman of the minimis waste currently exists, the Inter- uated from college and experienced success- GLOBE Ocean Protection Working Group, I national Atomic Energy Agency [IAEA] has ful careers. have spent the last year working to eliminate produced significant guidance on the issue Sylvia attended North Carolina Central Uni- the threat of radioactive contamination of the and is working on an internationally recog- versity, and graduated respectively from sea. nized standard. Once an international stand- Brooklyn and Bank Street College. She is cur- On September 30, 1993, at my request, the ard is devised, I expect the U.S. Environ- rently pursuing a doctoral degree. Oceanography Subcommittee held a hearing mental Protection Agency [EPA] will promul- Ms. Stovall is a member of the board of di- on the threat of contamination from the Rus- gate regulations on this issue based on the rectors of the Cypress Hills Local Develop- sian dumping of nuclear waste. For four dec- IAEA's efforts. ment Corp. located in Brooklyn, and she was ades the former Soviet Union, and now the Hopefully, with pressure from the United recently honored as one of the unsung heroes Russian Federation has been dumping nuclear States, the Russian Federation can be con- and heroines of our community by the Harriet waste from nuclear submarines and weapons vinced to change its policy. With 10 million cu- Tubman club at the First A.M.E. Zion Church plants into the world's oceans. The information ries of radiation stored aboard ships in Mur- in Brooklyn. It is my pleasure to highlight her gathered by the subcommittee was sobering. mansk Harbor and awaiting disposal, the risk contributions to Brooklyn. E 542 CONGRESSIONAL RECORD — Extensions of Remarks March 7, 1995 BILL TO REQUIRE ALL PROFES- (1) PROFESSIONAL BOXING MATCH.—The term This bill is appropriately called the loser SIONAL BOXERS IN UNITED ‘‘professional boxing match’’ means a boxing pays bill. Unfortunately, the real loser here is STATES TO WEAR HEADGEAR contest held in a State between individuals the American people. for compensation or a prize, and does not in- clude any amateur boxing match. f HON. JAMES A. TRAFICANT, JR. (2) STATE.— TRIBUTE TO ANN LAWSON OF OHIO (A) IN GENERAL.—The term ‘‘State’’ means IN THE HOUSE OF REPRESENTATIVES any State of the United States, the District of Columbia, the Commonwealth of Puerto HON. EDOLPHUS TOWNS Tuesday, March 7, 1995 Rico, the Commonwealth of the Northern OF NEW YORK Mr. TRAFICANT. Mr. Speaker, today I am Mariana Islands, American Samoa, Guam, Virgin Islands, any other territory or posses- IN THE HOUSE OF REPRESENTATIVES introducing legislation to require all profes- sion of the United States, and any Indian Tuesday, March 7, 1995 sional boxers to wear headgear during all pro- tribe. fessional fights held in the United States. (B) INDIAN TRIBE.—The term ‘‘Indian tribe’’ Mr. TOWNS. Mr. Speaker, many of us are Under my bill, all professional fighters in the means any Indian tribe, band, nation, pueb- public servants, but some of us are God's United States would have to wear headgear lo, or other organized group or community servant. Mrs. Ann Lawson is indeed one of that meets the standards established by the which is recognized as eligible for the special God's servants. Born in Florence, SC, she International Olympic Committee. Any State or programs and services provided by the Unit- later moved to New Jersey. tribal boxing authority that allows a profes- ed States to Indians because of their status At an early age she professed her love and as Indians and is recognized as possessing devotion to her Lord and joined New Jerusa- sional boxer to fight in a professional fight powers of self-government. without headgear would be subject to a Fed- (3) STATE BOXING AUTHORITY.—The term lem Baptist Church. In 1980 she joined New eral fine of up to $1,000,000. ‘‘State boxing authority’’ means a State Canaan Baptist Church under the pastorship The recent incident in the super-middle- agency with authority to regulate profes- of the late Dr. Augustus Leon Cunningham. weight championship fight between Gerald sional boxing. During the same period she met Rev. Richard McClellan and Nigel Benn is yet another re- SEC. 5. EFFECTIVE DATE. J. Lawson and they were married. After the minder that something must be done to better Sections 2 and 3 shall take effect 90 days death of Dr. Cunningham, Dr. Lawson was in- protect professional boxers from head injuries. after the date of the enactment of this Act. stalled as the new pastor of the church. As the After being knocked out in the 10th round of f first lady of New Jerusalem Baptist Church, what was described by the British press as Mrs. Lawson has been actively involved in one of the most brutal fights of the century, THE ATTORNEY ACCOUNTABILITY various church affairs. McClellan collapsed in his corner. He was ACT Mrs. Lawson is involved in numerous church rushed to the hospital and underwent emer- activities. She is the acting supervisor for the gency surgery to remove a blood clot in his HON. EARL POMEROY red circle missionary department, the South brain. He is still in critical condition. OF NORTH DAKOTA Carolina club, and serves as the chairperson While headgear alone will not prevent all IN THE HOUSE OF REPRESENTATIVES for the Woman of the Year Awards. Mrs. head injuries in boxing, it will go a long way Lawson shares her unbridled energy, faith, in protecting boxers. Amateur boxing requires Tuesday, March 7, 1995 and love with everyone, especially children. It all fighters to wear headgear, and the number Mr. POMEROY. Mr. Chairman, I rise today is my pleasure to recognize the contributions of serious head injuries in amateur boxing is in opposition to the bill, H.R. 988, the Attorney and accomplishments of a remarkable woman, significantly lower than in professional boxing. Accountability Act. Mrs. Ann Lawson. According to an article that appeared in the The authors of this bill would have you be- f British Medical Journal on June 18, 1994, lieve this legislation is intended to reduce the During boxing training sessions head pro- number of frivolous lawsuits. This bill would THE ATTORNEY ACCOUNTABILITY tection is regularly worn and is now a fea- more likely discourage average AmericansÐ ACT ture of the Olympic Games. In countries most likely middle-income citizensÐfrom seek- where headgear is compulsory there has been ing redress in our judicial system. As the bill HON. BILL BAKER a reduction in the number of facial cuts and is written plaintiff's whose cases were found to knockouts. OF CALIFORNIA have merit would actually be punished under IN THE HOUSE OF REPRESENTATIVES My legislation, Professional Boxing Safety this legislation. Act of 1995, is a modest measure that will This bill alters the playing field between par- Tuesday, March 7, 1995 provide professional boxers in this country ties to a lawsuit and gives all the benefits to Mr. BAKER of California. Mr. Chairman, as with some protection against head injuries. I the large financially secure party. While a fam- a member of the Leader's Legal Reform Task urge my colleagues to cosponsor this bill. The ily would potentially risk all of their assets if a Force, I rise in support of H.R. 988, the Attor- full text of the legislation appears below: jury would rule against them, a large corpora- ney Accountability Act. H.R. — tion could easily absorb these costs. Accord- In this historic 100 days of progress, among Be it enacted by the Senate and House of Rep- ingly, the large corporation would have a tre- the most profound reform measures Congress resentatives of the United States of America in mendous advantage in a pretrial settlement is enacting is legal reform. The threat of pred- Congress assembled, conference in light of the dire risks the family atory lawsuits looms over every business, or- SECTION 1. SHORT TITLE. would have with an adverse jury ruling. ganization, and individual. Liability insurance This Act may be cited as the ‘‘Professional I wholeheartedly support curtailing frivolous alone increases the costs of doing business Boxing Safety Act of 1995’’. lawsuits. Yesterday we had an opportunity to for all Americans. SEC. 2. HEADGEAR REQUIREMENT FOR PROFES- bring this bill back in line with the rhetoric that H.R. 988 has three major components: a SIONAL BOXERS. Any individual who participates as a boxer surrounds it. An amendment offered by Rep- loser pays provision, the prevention of junk in a professional boxing match shall, during resentative MCHALE, as modified by Rep- science, and new rules of conduct for attor- such participation, wear headgear that resentative BERMAN, would have replaced the neys. meets the standards established by the Inter- loser pays provisions in H.R. 988 with provi- The loser pays provision puts a stop to get- national Olympic Committee. sions awarding attorney's fees to a defendant rich-quick, lottery-style lawsuits where litigants SEC. 3. CIVIL PENALTY. if the court finds the plaintiff's case to be frivo- have little to lose and everything to gain. The Attorney General of the United States lous. The court would entertain this motion Plaintiffs would be encouraged to accept rea- may impose a civil monetary penalty anytime in the first 90 days after the complaint sonable pretrial settlements offers. This incen- against any State boxing authority if the At- was filed. If found to be meritorious, it would tive would free up our courts for meritorious torney General determines on the record put a halt to the nonsense before the parties cases and slow the growth of multimillion dol- after opportunity for an agency hearing that the State boxing authority has allowed a under went the costly discovery process. More lars awards. boxer to participate in a professional boxing importantly, the claim would be dismissed and The junk science provision prevents the use match without the headgear required by sec- all legal costs would be born by the plaintiff. of so-called experts in a technical field by ei- tion 2. The civil monetary penalty may not The McHale-Berman amendment would ther side of a lawsuit. Both plaintiffs and de- exceed $1,000,000 for each violation. have given courts discretion to get rid of frivo- fendants hire potentially biased experts who SEC. 4. DEFINITIONS. lous lawsuits that are filed in bad faith or with bring unsubstantiated scientific theories for the For purposes of this Act: only the intention to harass. purpose of influencing the outcome of the March 7, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 543 case. The experts are often paid only if their microphone, it is talking to nearly 100 million discussion and debate. VOA has also rolled sides wins. Our legislation lists factors for a people each week in 46 languages plus Eng- out a series of bold new programs to East judge to consider in weighing the admissibility lishÐand its listeners are talking back. Asia in eight languages through a $5 million of a scientific opinion. With the end of the cold war and the advent enhancement from the Congress. In addition, The attorney accountability rules, mandate of interactive technology, VOA has engaged in VOA has launched five new thematic pro- previously optional guidelines set for trial law- a dialog with its listeners, many of whom are grams exploring regional and global economic yers. There rules require that Federal courts living under very different circumstances than trends: political and social issues of concern in punish attorneys who engage in litigation tac- just a few years ago. To that end, the Voice the United States; the impact of international tics that harass, make frivolous legal argu- of America is experiencing a renewal, or per- developments; major news stories from a re- ments, or unwarranted factual assertions. The haps, more appropriately, a change in its tone porter's perspective; and religion, spirituality, punishment is not only to deter this conduct, of voice to accommodate the many new mis- ethics and values. but to compensate injured parties. The court sions it has to perform, to fulfill the changing Mr. Speaker, the Voice of America marked may order the attorney at fault to pay the op- needs and interests of its worldwide audience its 53d year milestone on February 24, I hope posing party for reasonable expenses as a di- and to take advantage of new technology to you will join me in paying tribute to its past rect result of the violation. allow for better reception and an increasingly success and its bright future as one of the I strongly urge my colleagues to support vast global reach. Yet despite these changes, largest and most respected newsgathering or- H.R. 988, the Attorney Accountability Act. This VOA remains evergreen, ever retaining its ganizations in the world. Although we wish is the first of three bills that make up the Com- freshness, relevance and diversityÐand its im- that governments that censor the news and mon Sense Legal Reform ActÐa major ele- portance as America's voice to the world. miscommunicate the truth would disappear, ment of the Contract With America. As changes continue to occur in many parts history has shown us that there will always be f of the world with lightning speed paving the a need for a service like the Voice of Amer- way for the information superhighway, VOA icaÐevergreen, ever present, and ever truth- TRIBUTE TO RUBY WESTON has adapted its programming and how it deliv- ful. Through crisis and calm, discovery and ers its message to meet the challenges of the disaster, victory and celebration, VOA has HON. EDOLPHUS TOWNS competitive global marketplace with innovation continued to uphold its mission established by OF NEW YORK and fervor. VOA has initiated a series of excit- the intrepid broadcast pioneers who founded IN THE HOUSE OF REPRESENTATIVES ing broadcast ventures inviting its listeners to America's voice 53 years ago: ``The news may Tuesday, March 7, 1995 be active participants in the new generation of be good. The news may be bad. We shall tell you the truth.'' And VOA, we shall salute you. Mr. TOWNS. Mr. Speaker, I would like to international broadcasting. highlight the life of Ruby Weston of Brooklyn, With the placement on the Internet of a text f version of VOA's English language programs NY. Mrs. Weston is an administrator for the TRIBUTE TO EDNA RUSSELL Marcus Garvey Nursing Home in Brooklyn. and VOA audio in 15 languages, listeners can She toils unselfishly to provide for the needs connect with VOA instantaneously, 24 hours a of the patients at the nursing home. Mrs. Wes- day, to offer feedback on its programming. HON. EDOLPHUS TOWNS ton's generous and caring nature are reflective VOA listeners not only want credible and reli- OF NEW YORK in her management style. Prior to serving as able news of happenings in their country, the IN THE HOUSE OF REPRESENTATIVES United States, and the world, but also practical a nursing home administrator, Ruby Weston Tuesday, March 7, 1995 was a realty specialist for the U.S. Department information on how to build and maintain new of Housing and Urban Development. democracies and free market economies. Mr. TOWNS. Mr. Speaker, in my district I Mrs. Weston received her bachelor's of pro- They look to the United States, the most pow- am fortunate to have individuals dedicated to fessional studies from Pace University, and erful and successful example of a working de- helping others in the community. Edna Russell her master's in public administration from mocracy, to learn about its institutions, poli- has this unyielding dedication. Edna came to Long Island University. She holds licenses in cies, and way of life. They want to know how New York from Costa Rica, Central America, nursing home administration, real estate, and to set up a city council, how to start a news- where she graduated from the Salvation Army insurance. paper, how the stock market works, how to or- School and worked as a nurse in Tony Facio Mrs. Weston is married to Dr. Peter Weston, ganize a school system, how to get a bank Hospital in Port Limon in Costa Rica. and they are parents to five children. She and loan, and how to write a constitution. And After Edna arrived in New York, she was her husband reside in Brooklyn. I would like to VOA's programs are thereÐin their living employed as a nursing assistant at Jack Low commend her to my colleagues for her work rooms and grass huts, in their castles and Foundation which is now the New York Com- with the Brooklyn elderly. caravansÐto provide these new societies with munity Hospital of Brooklyn. Edna devoted her the guidance and support to secure their new- caring skills in the nursing department for 27 f found freedom and independence. years before transferring to the x-ray depart- THE VOICE OF AMERICA: 53 YEARS VOA now gives its listeners the opportunity ment where she is now an x-ray transporter AT THE MICROPHONES to participate regularly in its programming and is also their No. 1199 union representa- through a new live international call-in show, tive. HON. ESTEBAN EDWARD TORRES ``Talk to America,'' which receives calls in Always giving honor to God, in all that she OF CALIFORNIA English daily from listeners spanning the does, Edna is the first person to give a helping IN THE HOUSE OF REPRESENTATIVES globe. VOA listeners want to take part in an hand whenever a crisis occurs. She is a mem- open forum to voice their views on the fore- ber of the Sacred Heart Church and is affili- Tuesday, March 7, 1995 most issues affecting the world todayÐAIDS, ated with the Sacred Heart Shrine. I am proud Mr. TORRES. Mr. Speaker, as the Voice of drugs, human rights, population, and the envi- to recognize Edna Russell for her relentless America [VOA] steps up to its 53d year at the ronment to name a fewÐand VOA invites their dedication to the Brooklyn community. Tuesday, March 7, 1995 Daily Digest

HIGHLIGHTS Senate passed Paperwork Reduction Act. Senate scissions to preserve and enhance the military readi- Chamber Action ness of the Department of Defense for the fiscal year Routine Proceedings, pages S3547–S3640 ending September 30, 1995, with committee amend- Measures Introduced: Eleven bills were introduced, ments, taking action on amendments proposed there- as follows: S. 506–516. Pages S3603±04 to, as follows: Pages S3576±S3600 Adopted: Measures Reported: Reports were made as follows: (1) Bingaman Amendment No. 321 (to committee S. 4, to grant the power to the President to re- amendment beginning on page 1, line 3), to express duce budget authority, without recommendation. (S. the sense of the Senate affirming the importance of Rept. No. 104–13) cost-shared partnerships between the Department of S. 14, to amend the Congressional Budget and Defense and the private sector to develop dual-use Impoundment Control Act of 1974 to provide for technologies. Pages S3584±87 the expedited consideration of certain proposed can- (2) Hatfield (for McConnell/Leahy) Amendment cellations of budget items, without recommendation, No. 323, to provide for rescissions of funds made with an amendment. (S. Rept. No. 104–14) available to the International Development Associa- Page S3603 tion, the Development Assistance Fund, the Eastern Measures Passed: Europe and the Baltic States, and for the New Inde- Paperwork Reduction Act: By a unanimous vote pendent States of the former Soviet Union. of 99 yeas (Vote No. 100), Senate passed S. 244, to Pages S3594±95 further the goals of the Paperwork Reduction Act to (3) Hatfield (for Gramm/Hollings) Amendment have Federal agencies become more responsible and No. 324, to provide for rescissions of funds made publicly accountable for reducing the burden of Fed- available to the Immigration and Naturalization eral paperwork on the public, agreeing to committee Service and the Immigration Emergency Fund of the amendments, with certain exceptions, and taking ac- Department of Justice, the National Institute of tion on amendments proposed thereto, as follows: Standards and Technology and the Industrial Tech- nology Services of the Department of Commerce, the Pages S3547±70 Operations, Research and Facilities of the National Adopted: Oceanic and Atmospheric Administration, the Infor- Levin/Cohen Amendment No. 319, to provide for mation Infrastructure Grants of the National Tele- the elimination and modification of reports by Fed- communications and Information Administration, eral departments and agencies to the Congress. Economic Development Assistance Programs of the Pages S3547±49 Economic Development Administration, Salaries and Rejected: Expenses of the Small Business Administration and Wellstone Amendment No. 320, to express the Related Agencies, payment to the Legal Services sense of the Congress that Congress should not enact Corporation, and the administration of foreign affairs or adopt any legislation that will increase the num- and the acquisition and maintenance of buildings ber of children who are hungry or homeless. (By 51 abroad of the Department of State and Related yeas to 47 nays (Vote No. 99), Senate tabled the Agencies. Pages S3595±97 amendment.) Pages S3549±55 Rejected: Emergency Supplemental Appropriations/De- By 22 yeas to 77 nays (Vote No. 101), McCain fense: Senate began consideration of H.R. 889, mak- Amendment No. 322 (to committee amendment be- ing emergency supplemental appropriations and re- ginning on page 1, line 3), to reduce the rescission D 298 March 7, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 299 provided for Environmental Restoration, Defense, for fiscal year 1996 for the Department of Com- and to offset the reduction by an increase in the re- merce, receiving testimony from Ronald H. Brown, scission for Research, Development, Test and Evalua- Secretary of Commerce. tion, Defense-Wide. Pages S3587±93 Subcommittee will meet again on Wednesday, Withdrawn: March 15. Helms/Faircloth Amendment No. 325 (to com- mittee amendment beginning on page 1, line 3), to APPROPRIATIONS—LABOR provide that the Endangered Species Act of 1973 Committee on Appropriations: Subcommittee on Labor, shall not apply with respect to Fort Bragg, North Health and Human Services, and Education and Re- Carolina. Pages S3597±99 lated Agencies held hearings on proposed budget es- Pending: timates for fiscal year 1996 for the Department of Helms (Modified) Amendment No. 326 (to com- Labor, receiving testimony from Robert B. Reich, mittee amendment beginning on page 1, line 3), to Secretary of Labor. strengthen international sanctions against the Castro Subcommittee will meet again on Thursday, government in Cuba, to develop a plan to support March 9. a transition government leading to a democratically elected government in Cuba. Pages S3599±S3600 AUTHORIZATION—DEFENSE Senate will continue consideration of the bill on Committee on Armed Services: Committee resumed hear- Wednesday, March 8. ings on proposed legislation authorizing funds for Nominations Confirmed: Senate confirmed the fol- fiscal year 1996 for the Department of Defense and lowing nominations: the future years defense program, receiving testi- Herschelle Challenor, of Georgia, to be a Member mony from John H. Dalton, Secretary of the Navy; of the National Security Education Board for a term Adm. Jeremy M. Boorda, USN, Chief of Naval Op- of four years. erations; and Gen. Carl E. Mundy, Jr., USMC, Com- Sheila Cheston, of the District of Columbia, to be mandant of the Marine Corps. General Counsel of the Department of the Air Force. Committee will meet again on Thursday, March Page S3640 9. Messages From the House: Page S3603 PRIVATIZATION Measures Referred: Page S3603 Committee on the Budget: Committee concluded hear- Communications: Page S3603 ings to examine the impact and role of the private sector in providing services to the Federal Govern- Statements on Introduced Bills: Pages S3604±22 ment, focusing on how the budget process has been Additional Cosponsors: Pages S3622±23 a barrier to privatization, after receiving testimony Amendments Submitted: Pages S3623±35 from Jack Kemp, Empower America, and Richard C. Breeden, Coopers and Lybrand, both of Washington, Notices of Hearings: Page S3635 D.C.; Ralph L. Stanley, United Infrastructure Com- Authority for Committees: Page S3636 pany, Chicago, Illinois; Robert W. Poole, Jr., Reason Additional Statements: Pages S3636±39 Foundation, Los Angeles, California; and Donald F. Kettl, University of Wisconsin, Madison. Record Votes: Three record votes were taken today. (Total—101) Pages S3555, S3593 ENDANGERED SPECIES MORATORIUM Recess: Senate convened at 10:30 a.m., and recessed Committee on Environment and Public Works: Sub- at 6:34 p.m., until 10:30 a.m., on Wednesday, committee on Drinking Water, Fisheries and Wild- March 8, 1995. (For Senate’s program, see the re- life concluded hearings on S. 191, S. 503, and other marks of the Acting Majority Leader in today’s related proposals to institute a moratorium on cer- RECORD on page S3640.) tain activities under authority of the Endangered Species Act, after receiving testimony from Senator Committee Meetings Hutchison; Bruce Babbitt, Secretary of the Interior; David Wilcove, on behalf of the Environmental De- (Committees not listed did not meet) fense Fund and the Society for Conservation Biology, and William J. Snape III, Defenders of Wildlife, APPROPRIATIONS—COMMERCE both of Washington, D.C.; Robert E. Gordon, Jr., Committee on Appropriations: Subcommittee on Com- National Wilderness Institute, Alexandria, Virginia; merce, Justice, State, the Judiciary and Related Rick Perry, Texas Department of Agriculture, Aus- Agencies held hearings on proposed budget estimates tin; James A. Kraft, Plum Creek Timber Company, D 300 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 1995 Seattle, Washington; and Kenneth W. Peterson, Bhagwati, Columbia University, New York, New Kern County, California. York; Rebecca P. Mark, Enron Development Cor- poration, Houston, Texas; and H. Laird Walker, U.S. TAX CERTIFICATE PROGRAM West, Denver, Colorado. Committee on Finance: Committee concluded hearings to examine the application of Internal Revenue Code REGULATORY TRANSITION ACT section 1071 under the Federal Communication Committee on Governmental Affairs: Committee began Commission’s (FCC) tax certificate program, after re- markup of S. 219, to ensure economy and efficiency ceiving testimony from William E. Kennard, Gen- of Federal Government operations by establishing a eral Counsel, Federal Communications Commission; moratorium on regulatory rulemaking actions, but Leslie B. Samuels, Assistant Secretary of the Treasury did not complete action thereon, and will resume on for Tax Policy; Raul Alarcon, Jr., Spanish Broadcast- Thursday, March 9. ing System, Inc., W. Don Cornwell, Granite Broad- EXCLUSIONARY RULE casting Corporation, and Philippe P. Dauman, Viacom Inc., all of New York, New York; Tyrone Committee on the Judiciary: Committee concluded Brown, Wiley, Rein and Fielding, Michael J. Horo- hearings on proposals to eliminate the exclusionary witz, Hudson Institute, and Robert L. Johnson, rule and to alter the remedy for unreasonable Black Entertainment Television Holdings, Inc., all of searches under the Fourth Amendment, and to en- Washington, D.C.; Bruce E. Fein, World Intelligence sure that voluntary confessions are brought before ju- Review, and former General Counsel of the Federal ries, including Title V (Federal Criminal Procedure Communications Commission, Great Falls, Virginia; Reform) of S. 3, Violent Crime Control and Law En- Frank Washington, Mitgo Corporation, Sacramento, forcement Improvement Act of 1995, after receiving California; and Roy M. Huhndorf, Cook Inlet Re- testimony from Ralph Adam Fine, Circuit Judge, gion Inc., Anchorage, Alaska. Wisconsin Court of Appeals, and E. Michael McCann, on behalf of the American Bar Association, CONVENTIONAL WEAPONS TREATY both of Milwaukee, Wisconsin; Akhil R. Amar, Yale Committee on Foreign Relations: Committee concluded University Law School, New Haven, Connecticut; hearings on the Convention on Prohibitions or Re- William Gangi, St. John’s University, Jamaica, New strictions on the Use of Certain Conventional Weap- York; Paul J. Larkin, Jr., King & Spalding, Wash- ons, and two accompanying Protocols on Non-De- ington, D.C.; Joseph D. Grano, Wayne State Univer- tectable Fragments (Protocol I) and on Prohibitions sity Law School, Detroit, Michigan; Paul G. Cassell, or Restrictions on the Use of Mines, Booby-Traps University of Utah College of Law, Salt Lake City; and Other Devices (Protocol II) (Treaty Doc. Carol S. Steiker, Harvard University Law School, 103–25), after receiving testimony from Michael J. Cambridge, Massachusetts; Thomas Y. Davies, Uni- Matheson, Principal Deputy Legal Adviser, Depart- versity of Tennessee College of Law, Knoxville. ment of State; and Maj. Gen. Michael J. Byron, AMERICAN INDIAN YOUTH USMC, Vice Director for Strategic Plans and Policy, Joint Chiefs of Staff. Committee on Indian Affairs: Committee concluded oversight hearings to examine the challenges that SOUTH ASIA American Indian youth face in today’s society, focus- Committee on Foreign Relations: Subcommittee on Near ing on the Federal response, after receiving testi- Eastern and South Asian Affairs concluded hearings mony from Ada E. Deer, Assistant Secretary of the to examine United States policy towards South Asia, Interior for Indian Affairs; Michael H. Trujillo, Di- after receiving testimony from Hazel R. O’Leary, rector, Indian Health Service, Department of Health Secretary of Energy; Jeffrey E. Garten, Under Sec- and Human Services; Josephine Nieves, Associate retary of Commerce for International Trade; Robin Assistant Secretary of Labor for Employment and L. Raphel, Assistant Secretary of State for South Training; Herbert Becker, Director, Office of Tribal Asian Affairs; Margaret Carpenter, Assistant Admin- Justice, Department of Justice; and Dominic Nessi, istrator for Asia and the Near East, Agency for Inter- Director, Office of Native American Programs, De- national Development; Clayton A. Williams, Litton partment of Housing and Urban Development. Applied Technologies, San Jose, California; Jagdish March 7, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 301 House of Representatives ‘‘loser pays’’ provision; and to increase the portion of Chamber Action liability the court may increase the reimbursement Bills Introduced: 13 public bills, H.R. 1142–1154; above 25 percent if it considers the loser was unrea- and 2 private bills, H.R. 1155 and 1156 were intro- sonable in rejecting the last offer (rejected by a re- duced. Pages H2810±11 corded vote of 202 ayes to 214 noes, Roll No. 204); Reports Filed: The following reports were filed as Pages H2735±40 follows: The Conyers amendment that sought to exempt H. Res. 93, providing for the consideration of civil rights cases from the mandatory sanctions on H.R. 450, to ensure economy and efficiency of Fed- attorneys for making frivolous arguments (rejected eral Government operations by establishing a mora- by a recorded vote of 194 ayes to 229 notes, Roll torium on regulatory rulemaking actions (H. Rept. No. 205); and Pages H2740±44 104–45). The Bryant of Texas amendment that sought to Speaker Pro Tempore: Read a letter from the limit the ‘‘loser pays’’ provisions to cases brought Speaker wherein he designates Representative against small businesses as defined under section 3 Waldholtz to act as Speaker pro tempore for today. of the Small Business Act (rejected by a recorded Page H2721 vote of 177 ayes to 244 nays, Roll No. 206). Recess: House recessed at 10:28 a.m. and recon- Pages H2745±46 vened at 11:00 a.m. Page H2729 Securities Litigation Reform Act: House com- pleted all general debate on and began consideration Attorney Accountability Act: By a recorded vote of 232 ayes to 193 noes, Roll No. 207, the House of amendments on H.R. 1058, to reform Federal se- passed H.R. 988, to reform the Federal civil justice curities litigation. Consideration of amendments will resume on Wednesday, March 8. Pages H2760±79 system. Pages H2735±49 Rejected the Conyers motion to recommit the bill Agreed To: to the Committee on Judiciary with instructions to The Cox of California amendment that prohibits report it back forthwith containing an amendment the use of the RICO statute, which provides for tre- that inserts new language in section 2 that requires ble damages in cases where patterns of violations courts to award reasonable costs and legal fees to the exist in any civil case involving securities fraud prevailing party if it determines that (1) the losing (agreed to by a recorded vote of 292 ayes to 124 party’s position was not justified, (2) imposing fees noes, with 1 voting ‘‘present’’, Roll No. 209); and and expenses on the losing party would be just, and Pages H2770±79 (3) the prevailing parties costs of such fees and ex- The Fields of Texas technical amendment. penses is substantially burdensome and unjust; re- Page H2779 quires the plaintiffs and or their attorneys in class H. Res. 105, the rule under which the bill is actions to post a security for payment of the defend- being considered, was agreed to earlier by a recorded ant’s costs and legal fees; requires a party seeking re- vote of 257 ayes to 155 noes, with 1 voting imbursement to apply within 30 days of final judg- ‘‘present,’’ Roll No. 208. Pages H2750±59 ment; that permits courts to use their discretion in Committees To Sit: The following committees and determining how much to award; places no limits on their subcommittees received permission to sit on the courts’ ability to award costs pursuant to other Wednesday, March 8, during the proceedings of the provisions of law; requires the court to award the House under the 5-minute: Committees on Banking prevailing parties reasonable fees and expenses in dis- and Financial Services, Economic and Educational covery proceedings unless special circumstances make Opportunities, Government Reform and Oversight, such an award unjust; and prohibits plaintiffs from House Oversight, International Relations, National withdrawing from or voluntarily dismissing an ac- Security, and Transportation and Infrastructure. tion in order to evade the ‘‘loser pays’’ provisions. Page H2780 Pages H2747±49 Agreed to the committee amendment in the na- Quorum Calls—Votes: Six recorded votes devel- ture of a substitute. Page H2747 oped during the proceedings of the House today and Rejected: appear on pages H2739–40, H2744, H2746, The Burton of Indiana amendment that sought to H2749, H2759, and H2778–79. reduce from 100 percent to 25 percent the prevail- Adjournment: Met at 9:30 a.m. and adjourned at ing party’s cost and legal fee requirement under the 11:13 p.m. D 302 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 1995 King Jordan, President, Gallaudet University; Joyce Committee Meetings A. Ladner, Interim President, Howard University; COMMODITY DISTRIBUTION PROGRAMS James J. DeCaro, Dean and Interim Director, Na- AND FOOD STAMP PROGRAM tional Technical Institute for the Deaf; and Grechen IMPROVEMENTS C. Schwarz, Acting Inspector General. Committee on Agriculture: Began markup of H.R. 1135, to improve the Commodity Distribution Pro- MILITARY CONSTRUCTION grams of the Department of Agriculture, to reform APPROPRIATIONS and simplify the Food Stamp Program. Committee on Appropriations: Subcommittee on Mili- tary Construction held a hearing on Air Force Mili- AGRICULTURE, RURAL DEVELOPMENT, tary Construction. Testimony was heard from Ronald FDA AND RELATED AGENCIES A. Colman, Assistant Secretary, U.S. Air Force. APPROPRIATIONS Committee on Appropriations: Subcommittee on Agri- NATIONAL SECURITY APPROPRIATIONS culture, Rural Development, Food and Drug Admin- Committee on Appropriations: Subcommittee on Na- istration, and Related Agencies held a hearing on tional Security held a hearing on Personnel/Quality Animal and Plant Health Inspection Service. Testi- of Life Issues. Testimony was heard from Fred F.Y. mony was heard from the following officials of the Pang, Assistant Secretary (Force Management), De- USDA: Patricia A. Jensen, Acting Assistant Sec- partment of Defense. retary, Marketing and Regulatory Programs; and The Subcommittee also met in executive session Lonnie J. King, Acting Administrator, Animal and to hold a hearing on the U.S. Atlantic Command. Plant Health Inspection Service. Testimony was heard from Gen. John J. Sheehan, ENERGY AND WATER DEVELOPMENT USMC, Commander in Chief, U.S. Atlantic Com- APPROPRIATIONS mand, Department of Defense. Committee on Appropriations: Subcommittee on Energy TRANSPORTATION APPROPRIATIONS and Water Development held a hearing on the Sec- retary of Energy. Testimony was heard from Hazel Committee on Appropriations: Subcommittee on Trans- R. O’Leary, Secretary of Energy. portation, and Related Agencies held a hearing on Research and Special Programs Administration. Tes- FOREIGN OPERATIONS APPROPRIATIONS timony was heard from Dharmendra K. Sharma, Ad- Committee on Appropriations: Subcommittee on Foreign ministrator, Department of Transportation. Operations, Export Financing, and Related Agencies held a hearing on the Agency for International De- VA, HUD AND INDEPENDENT AGENCIES velopment and the Peace Corps. Testimony was APPROPRIATIONS heard from J. Brian Atwood, Administrator, AID, Committee on Appropriations: Subcommittee on Veter- U.S. International Development Cooperation Agency; ans’ Affairs and Housing and Urban Development, and Carol Bellamy, Director, Peace Corps. and Independent Agencies held a hearing on the De- INTERIOR APPROPRIATIONS partment of Veterans Affairs. Testimony was heard from Jessie Brown, Secretary of Veterans Affairs. Committee on Appropriations: Subcommittee on Interior and Related Agencies held a hearing on the Office FINANCIAL SERVICES COMPETITIVENESS of Surface Mining. Testimony was heard from Robert ACT Uram, Director, Office of Surface Mining Reclama- tion and Enforcement, Department of the Interior. Committee on Banking and Financial Services: Continued hearings on the following: H.R. 1062, Financial LABOR—HHS—EDUCATION Services Competitiveness Act of 1995; Glass-Steagall APPROPRIATIONS Reform; and related issues. Testimony was heard Committee on Appropriations: Subcommittee on Labor, from public witnesses. Health and Human Services, Education and Related Agencies held a hearing on Howard University, Spe- ECONOMIC FORECASTS—ROLES OF DEFICIT cial Institutions, and on Inspector General, Depart- REDUCTION AND PRODUCTIVITY ment of Education. Testimony was heard from the Committee on the Budget: Held a hearing on Economic following officials of the Department of Education: Forecasts and the Roles of Deficit reduction and Pro- Judith Heumann, Assistant Secretary, Special Edu- ductivity. Testimony was heard from public wit- cation and Rehabilitative Services; Tuck Tinsley III, nesses. President, American Printing House for the Blind; I. Hearings continue tomorrow. March 7, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 303 TEAMWORK FOR EMPLOYEES AND of Defense: Adm. William J. Flanagan, Jr., USN, MANAGERS ACT Commander in Chief, U.S. Atlantic Fleet; Lt. Gen. Committee on Economic and Educational Opportunities: Paul E. Funk, USA, Commanding General, III Subcommittee on Employer-Employee Relations ap- Corps; Maj. Gen. James J. Jones, USMC, Command- proved for full Committee action amended H.R. ing General, 2nd Marine Division, Marine Forces 743, Teamwork for Employees and Managers Act of Atlantic; Brig. Gen. John R. Dallager, USAF, Com- 1995. mander, 52nd Fighter Wing; Sgt. Maj. Richard A. Kidd; U.S. Army; ETCH John Hagan, Master Chief TRAINING ISSUES Petty Officer, U.S. Navy; Sgt. Maj. Harold Committee on Economic and Educational Opportunities: Overstreet, USMC; and CMSgt. David Campanale, Subcommittee on Postsecondary Education and USAF. Training continued hearings on training issues. Tes- timony was heard from William Johnson, Mayor, DEFENSE AUTHORIZATION Rochester, New York; and public witnesses. Committee on National Security: Subcommittee on Mili- Hearings continue March 9. tary Procurement and the Subcommittee on Military FEDERAL RETIREMENT SYSTEM Research and Development held a joint hearing on the fiscal year 1996 national defense authorization Committee Government Reform and Oversight: Sub- request, with emphasis on the services’ moderniza- committee on Civil Service held a hearing on the tion requirements. Testimony was heard from the Federal Retirement System (H.R. 804, H.R. 165, H. following officials of the Department of Defense: Con. Res. 2 and H.R. 575). Testimony was heard Gen. John M. Loh, USAF, Commander, U.S. Air from public witnesses. Force Air Combat Command; Gen. William W. Hearings continue March 10. Hartzog, USA, Commanding General, U.S. Army INTEGRITY OF GOVERNMENT Training and Doctrine Command; VAdm. Thomas J. DOCUMENTS Lopez, USN, Deputy Chief of Naval Operations, Re- sources, Warfare Requirements and Assessments; and Committee on Government Reform and Oversight: Sub- Lt. Gen. Charles E. Wilhelm, USMC, Commanding committee on Government Management, Informa- General, U.S. Marine Corps Combat Development tion, and Technology held a hearing on the Integrity Command; and public witnesses. of Government Documents. Testimony was heard Hearings continue March 9. from John Puleo, Executive Associate Commissioner, Programs, Immigration and Naturalization Service, OVERSIGHT Department of Justice; Shirley A. Chater, Commis- Committee on Resources: Subcommittee on Native sioner, SSA, Department of Health and Human Serv- American and Insular Affairs held an oversight hear- ices; the following officials of the Accounting and ing on the Bureau of Indian Affairs and the Indian Information Management Division, GAO: Frank W. Health Service fiscal year 1996 budget requests. Tes- Reilly, Director; John Martin, Assistant Director; timony was heard from Ada E. Deer, Assistant Sec- and Hazel Edwards, Director, Information Resource retary, Indian Affairs, Department of the Interior; Management/General Government Issue Group; and the following officials of the Indian Health Service, public witnesses. Department of Health and Human Services: Michael MEXICO ECONOMIC SUPPORT PROGRAM H. Trujillo, M.D., Director, Indian Health Service; Committee on International Relations: Held a hearing on Jim Crouch, Executive Director, California Rural In- Mexico Economic Support Program. Testimony was dian Health Board; Julia Davis, Chair, Northwest heard from Peter Tarnoff, Under Secretary, Political Portland Area Indian Health Board; and Gail Schu- Affairs, Department of State; and Lawrence H. Sum- bert, General Counsel, Alaska Native Health Board; mers, Under Secretary, International Affairs, Depart- and public witnesses. ment of the Treasury. OVERSIGHT DEFENSE AUTHORIZATION Committee on Resources: Subcommittee on Water and Committee on National Security: Subcommittee on Mili- Power Resources held an oversight hearing on the tary Personnel and the Subcommittee on Readiness Department of Energy and Bureau of Reclamation held a joint hearing on fiscal year 1996 national de- fiscal year 1996 budget requests. Testimony was fense authorization request, with emphasis on readi- heard from Daniel P. Beard, Commissioner, Bureau ness and personnel issues related to the Department of Reclamation, Department of the Interior; and of Defense’s high pace of operations. Testimony was William H. White, Deputy Secretary, Department of heard from the following officials of the Department Energy. D 304 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 1995 COMMON SENSE LEGAL STANDARDS sources, Community, and Economic Development REFORM ACT Division, and Cliff Fowler, Assistant Director, Natu- Committee on Rules: Granted, by a voice vote, a rule ral Resources Management Issues, both of the Gen- providing for 2 hours of general debate only on H.R. eral Accounting Office. 956, Common Sense Legal Standards Reform Act of VETERANS OF FOREIGN WARS 1995. The rule also provides that the Committee Joint Hearing: Senate Committee on Veterans Affairs shall rise after general debate without motion and concluded joint hearings with the House Committee that there shall be no further consideration of the on Veterans Affairs to review the legislative rec- bill except by a subsequent order of the House. Tes- ommendations of the Veterans of Foreign Wars of timony was heard from Chairmen Hyde and Bliley; the United States, after receiving testimony from and Representatives McCollum, Gekas, Schiff, Hoke, Allen F. Kent, Veterans of Foreign Wars of the Bryant of Tennessee, Oxley, Cox of California, United States, Washington, D.C. Coburn, Conyers, Schroeder, Frank of Massachusetts, f Schumer, Bryant of Texas, Nadler, Watt of North Carolina, Jackson-Lee, Dingell, Gordon, Furse, COMMITTEE MEETINGS FOR Deutsch, Eshoo, Stupak, Collins of Illinois, Mink, WEDNESDAY, MARCH 8, 1995 Kaptur, Brewster, Waters and Doggett. (Committee meetings are open unless otherwise indicated) COMMITTEE BUSINESS Senate Committee on Standards of Official Conduct: Met in ex- Committee on Appropriations, Subcommittee on Interior, ecutive session to consider pending business. to hold hearings on proposed budget estimates for fiscal year 1996 for the United States Geological Survey, De- FEDERAL WATER POLLUTION CONTROL partment of the Interior, 9:30 a.m., SD–116. ACT REAUTHORIZATION Subcommittee on Agriculture, Rural Development, and Committee on Transportation and Infrastructure: Sub- Related Agencies, to hold hearings on proposed budget committee on Water Resources and Environment estimates for fiscal year 1996 for rural economic and com- continued hearings on the reauthorization of the munity development services of the Department of Agri- Federal Water Pollution Control Act. Testimony was culture, 10 a.m., SD–138. Subcommittee on Foreign Operations, to hold hearings heard from Robert Perciasepe, Assistant Adminis- on proposed budget estimates for fiscal year 1996 for for- trator, Office of Water, EPA; John H. Zirschky, eign assistance programs, focusing on international orga- Acting Assistant Secretary (Civil Works), Corps of nizations and programs, 10 a.m., SD–192. Engineers, Department of the Army; Tom Hebert, Committee on Banking, Housing, and Urban Affairs, to re- Deputy Under Secretary, Natural Resources and En- sume oversight hearings on the condition of credit vironment, USDA; Robert P. Davison; Deputy As- unions, 10 a.m., SD–538. sistant Secretary, Fish, Wildlife and Parks, U.S. Fish Committee on Energy and Natural Resources, to hold over- and Wildlife Service, Department of the Interior; sight hearings on domestic petroleum production and and public witnesses. international supply, 9:30 a.m., SD–366. Hearings continue March 9. Subcommittee on Forests and Public Land Manage- ment, to hold oversight hearings on Forest Service ap- IMAGERY INTELLIGENCE peals, 2 p.m., SD–366. Permanent Select Committee on Intelligence: Met in execu- Committee on Finance, to hold hearings to examine wel- fare reform proposals, focusing on the views of the States, tive session to hold a hearing on Imagery Intel- 10 a.m., SD–215. ligence. Testimony was heard from departmental Committee on Foreign Relations, Subcommittee on East witnesses. Asian and Pacific Affairs, to hold hearings to examine in- tellectual property rights with regard to the People’s Re- Joint Meetings public of China, 1:30 p.m., SD–419. Committee on Governmental Affairs, to resume hearings NATIONAL PARK SYSTEM on proposed legislation to reform the Federal regulatory Joint Hearing: Senate Committee on Energy and Nat- process, to make government more efficient and effective, ural Resources’ Subcommittee on Parks, Historic 9:30 a.m., SD–342. Committee on Labor and Human Resources, to hold hear- Preservation and Recreation concluded joint hearings ings on proposed legislation to authorize funds for and to with the House Committee on Resources’ Sub- consolidate health professions programs, 9:30 a.m., committee on National Parks, Forests, and Lands to SD–430. examine the condition of the National Park System, Committee on Small Business, to hold hearings on the after receiving testimony from James Duffus III, Di- proposed ‘‘Regulatory Flexibility Amendments Act’’, 9:30 rector, Natural Resources Management Issues, Re- a.m., SR–428A. March 7, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 305

Committee on Indian Affairs, to hold oversight hearings ing on the Community Reinvestment Act, 9:30 a.m., and to examine the structure and funding of the Bureau of In- 2 p.m., 2128 Rayburn. dian Affairs, 2:30 p.m., SR–485. Committee on the Budget, to continue hearings on Eco- Select Committee on Intelligence, to hold closed hearings on nomic Forecasts and the Roles of Deficit Reduction and intelligence matters, 2 p.m., SH–219. Productivity, 10 a.m., 210 Cannon. Committee on Economic and Educational Opportunities, Sub- House committee on Workforce Protection, hearing on the Oc- Committee on Appropriations, Subcommittee on Agri- cupational Safety and Health Act, 9:30 a.m., 2175 Ray- culture, Rural Development, Food and Drug Administra- burn. tion, and Related Agencies, on Natural Resources Con- Committee on Government Reform and Oversight, Sub- servation Service, 1 p.m., and Congressional and Public committee on the District of Columbia, hearing on the Witnesses, 4 p.m., 2362A Rayburn. Financial Control Boards, 10 a.m., 2154 Rayburn. Subcommittee on Commerce, Justice, and State and the Subcommittee on Postal Service, to continue hearings Judiciary, and Related Agencies, on Supreme Court, 10 on general oversight of the U.S. Postal Service, 10 a.m., a.m., and on Arms Control and Disarmament Agency, 2 2247 Rayburn. p.m., H–309 Capitol. Committee on House Oversight, to mark up committee Subcommittee on Energy and Water Development, on funding resolution and to consider pending business, 3 DOE: Environment, Safety and Health, 10 a.m., and on p.m., 1310 Longworth. DOE: Environmental Restoration and Waste Manage- Committee on International Relations, Subcommittee on ment, 2 p.m., 2362B Rayburn. Africa and the Subcommittee on International Economic Subcommittee on Interior and Related Agencies, on Policy and Trade, joint hearing on Trade and Investment Bureau of Indian Affairs, 10 a.m., and 1:30 p.m., B–308 Opportunities in Africa, 10 a.m., 2172 Rayburn. Rayburn. Subcommittee on Asia and the Pacific, hearing on U.S. Subcommittee on Labor, Health and Human Services, Assistance Programs in Asia, 10 a.m., 2200 Rayburn. Education and Related Agencies, on Secretary of Health Committee on National Security, to continue hearings on and Human Services, 10 a.m., and on Assistant Secretary the fiscal year 1996 national defense authorization re- for Health, and Health Care Policy and Research, 2 p.m., quest, 9:30 a.m., 2118 Rayburn. 2358 Rayburn. Committee on Rules, to continue consideration of H.R. Subcommittee on National Security, executive, on Na- 956, Common Sense Legal Standards Reform Act of tional Foreign Intelligence Program, 10 a.m., H–140 1995, 4 p.m., H–313 Capitol. Capitol and executive, a briefing on Special Access Pro- Committee on Transportation and Infrastructure, Sub- grams, 1:30 p.m., H–405 Capitol. committee on Surface Transportation, to continue hear- Subcommittee on Transportation and Related Agencies, ings on legislation to Improve the National Highway Sys- on Federal Transit Administration, 10 a.m., 2358 Ray- tem and Ancillary Issues Relating to Highway and Tran- burn. sit Programs, 10 a.m., 2167 Rayburn. Subcommittee on Veterans’ Affairs and Housing and Committee on Ways and Means, to mark up the following Urban Development, and Independent Agencies, on De- bills: H.R. 1134, Medicare Presidential Budget Savings partment of Veterans Affairs, 10 a.m., and 1:30 p.m., Extension Act; and H.R. 483, to amend title XVIII of H–143 Capitol. the Social Security Act to permit Medicare select policies Committee on Banking and Financial Services, Subcommit- to be offered in all States; and to continue consideration tee on Financial Institutions and Consumer Credit, hear- of welfare reform legislation, 10 a.m., 1100 Longworth. D 306 CONGRESSIONAL RECORD — DAILY DIGEST March 7, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Wednesday, March 8 11 a.m., Wednesday, March 8

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Complete consideration of ation of H.R. 889, Emergency Supplemental Appropria- H.R. 1058, Security Litigation Reform Act. tions/Defense.

Extensions of Remarks, as inserted in this issue

HOUSE Hastings, Alcee L., Fla., E537 Taylor, Charles H., N.C., E534 Baker, Bill, Calif., E542 Hastings, Richard ‘‘Doc’’, Wash., E538 Torres, Esteban Edward, Calif., E543 Beilenson, Anthony C., Calif., E540 Kennedy, Patrick J., R.I., E540 Towns, Edolphus, N.Y., E536, E537, E538, E540, E541, Berman, Howard L., Calif., E540 Lazio, Rick, N.Y., E533 E542, E543 Burton, Dan, Ind., E537, E539, E541 Owens, Major R., N.Y., E533 Traficant, James A., Jr., Ohio, E542 Cardin, Benjamin L., Md., E535 Pomeroy, Earl, N. Dak., E542 Visclosky, Peter J., Ind., E538 Coleman, Ronald D., Tex., E539 Reed, Jack, R.I., E536 Waxman, Henry A., Calif., E540 Cunningham, Randy ‘‘Duke’’, Calif., E534 Skelton, Ike, Mo., E536 Weldon, Curt, Pa., E536, E537, E541 Gutierrez, Luis V., Ill., E533 Stark, Fortney Pete, Calif., E534

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