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, NOVEMBER 14, 1995 No. 180 House of Representatives

The House met at 9 a.m. and was they wanted to put the Federal Gov- percent of the people, when informed of called to order by the Speaker pro tem- ernment on a diet; they wanted to lift that, said that we are raising Medicare pore [Ms. PRYCE]. the burden of senseless regulation; too much. School lunch, and some will f they wanted to allow families to keep recall we had this debate earlier this and spend more of their earnings. Fi- year, was being cut, but in fact, the DESIGNATION OF THE SPEAKER nally, and perhaps most important, truth is school lunch programs will in- PRO TEMPORE they wanted us, for the first time in crease, nutrition programs will in- The SPEAKER pro tempore laid be- more than two decades, to balance the crease by over 35 percent over the next fore the House the following commu- Federal budget. 7 years. nication from the Speaker: Madam Speaker, from the very first I wonder how many of our college WASHINGTON, DC, day, this Congress, this House, and in- students actually know that the total November 14, 1995. deed this majority, has done its best to appropriations for school loans will in- I hereby designate the Honorable DEBORAH keep its faith with the American peo- crease by 47 percent over the next 7 PRYCE to act as Speaker pro tempore on this ple. We have done what is required. years. day. We accomplished much in the very We are also being accused of doing all NEWT GINGRICH, first day. We made the Congress live by of these very mean-spirited things in Speaker of the House of Representatives. the same rules as everybody else. We order to pay for a tax cut for the rich. f downsized the staff. We have made Again, anyone who has studied the enormous attempts to open up the issue more than 10 minutes knows that MORNING BUSINESS process so that the committee meet- this is simply not true. As a matter of The SPEAKER pro tempore. Pursu- ings are open to the public. We elimi- fact, our $500 per child tax credit for ant to the order of the House of May 12, nated the process whereby committee families will go to benefit mostly fami- 1995, the Chair will now recognize chairmen could have all of the votes lies earning under $75,000 a year. As a Members from lists submitted by the lined up and no one even showed up for matter of fact, 74 percent of the bene- majority and minority leaders for committee meetings. We have opened fits of that tax credit program will go morning hour debates. The Chair will up this process and changed the way to benefit those earning less than alternate recognition between the par- this Congress does business from the $75,000 a year. ties, with each party limited to not to very first day. More important, when they talk exceed 25 minutes, and each Member We have marshaled through smoke about tax cuts for the rich, frequently except the majority and minority lead- screens of the defenders of the status what they are really talking about is er limited to not to exceed 5 minutes, quo, and during the flak from the an increase of cutting the capital gains but in no event shall debate continue media elites and the firestorm of spe- tax rate. But the truth of the matter beyond 9:50 a.m. cial interests. We have been subjected is, even there, and particularly people The Chair recognizes the gentleman to half truths, distortions, and indeed, back in the Midwest know this, that 44 from Minnesota [Mr. GUTKNECHT] for 5 bald-faced lies. percent of the people who get stuck minutes. For example, we are being accused paying a capital gains tax are rich for f today of cutting Medicare, of cutting 1 day, the day they sell their farm, the school lunch, of eliminating student day they sell their business, or the day END TO BUSINESS AS USUAL loans, when the other folks who say they sell an investment which they Mr. GUTKNECHT. Madam Speaker, this know that these are not true. As a have been holding and paying taxes on, Winston Churchill once observed that matter of fact, when one talks about in many cases for a long period of time. sometimes doing our best is not Medicare, we are increasing Medicare Madam Speaker, 3 years ago our enough. Sometimes we have to do what by over 45 percent over the next 7 President campaigned promising to is required. years. The average Medicare recipient downsize the Federal Government, to A little over 1 year ago the voters of will go from $4,800 this year to $6,700 in end welfare as we know it, to reform this Nation went to the polls, and I only 7 years. and save the Medicare system. He think they sent a very unmistakable As a matter of fact, recently a poll promised tax cuts for the middle class, message to this Capitol and to the peo- came back and when Americans were and he promised to balance the budget ple who were elected to serve them. informed that we are actually talking within 5 years. He has not kept his I think the message was clear: They about increasing Medicare from $4,800 promises. What is worse than that, and wanted an end to business as usual; per recipient to $6,700 per recipient, 63 particularly on behalf of many of my

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 12195 H 12196 CONGRESSIONAL RECORD — HOUSE November 14, 1995 freshmen colleagues, he is keeping us Americans and large corporations, and so while making the hard choices nec- from keeping our promises. they know that if there are actual essary to save Medicare from bank- It is unfortunate that this impasse meetings or conferences with the ruptcy. We have done so with no help has been reached and that nonessential Democrats on some of these issues, whatsoever from the liberal Democrats Federal employees are being sent that we will hammer the point home, in Congress or the President. home, but it would be a tragedy of his- that they need to eliminate some of Yet here we are Madam Speaker, out toric proportions if we were to back these cuts in Medicare, that they need of money and at the limit of our debt. down now on our commitment to keep to eliminate these increased premiums Why has the President vetoed both of the promises that we made and to keep in Medicare if they want to have a our efforts to avoid this crisis? I have the promises that he made. budget, and if they want to balance the been listening to his remarks with Madam Speaker, we must not turn budget over 7 years in a way that does great interest. back now. I think the American people not hurt seniors, that does not hurt the are counting on us to keep our prom- average American. The President said he vetoed the debt ises, to do what we said, to change the Unfortunately, that is not what is limit extension because he did not way Government does business and to happening, and once again, we are want to be constrained by our budget make the Government live within its faced with the reality that today the priorities. For those of you who do not means. Government is partially shut down be- understand political gobbledygook that f cause the Republicans want to make an means the President does not want to issue over Medicare. balance the budget in 7 years using CONGRATULATIONS TO PRESIDENT Madam Speaker, I want to read this CBO scoring. CLINTON FOR VETOING CR quote again which I carry around with The President vetoed the continuing The SPEAKER pro tempore. Under me from Speaker GINGRICH where he resolution because he does not want to the Speaker’s announced policy of May says, ‘‘Now, we didn’t get rid of Medi- raise Medicare part B premiums; he 12, 1995, the gentleman from New Jer- care in round one because we don’t wants to see them lowered. Perhaps the sey [Mr. PALLONE] is recognized during think that is politically smart and we President has forgotten his trustees re- morning business for 4 minutes. don’t think that that is the right way port. Medicare is going bankrupt. Low- Mr. PALLONE. Madam Speaker, I to go through a transition, but we be- ering part B premiums does not make learned this morning that the Presi- lieve it is going to wither on the vine Medicare more solvent. Arguing over dent had exercised his veto to prevent because we think people are volun- Medicare premiums is simply political an increase in Medicare premiums for tarily going to leave it.’’ our Nation’s elderly by vetoing the That is what this is all about, and it posturing; it has nothing to do with continuing resolution early this morn- is to the credit of President Clinton governing. If you really want to save ing. Again, Madam Speaker, I want to that he does not allow us to go down Medicare, you have to be prepared to congratulate the President on doing that slippery slope and that he vetoed make hard choices. The President is that, because if he were to allow the these increases in the Medicare pre- apparently not ready. Medicare premiums to rise, it would be miums, because if he allows that to Madam Speaker, I have heard the the beginning of this whole process happen, if he allowed those premiums network newscast constantly refer to that the Republican leadership is try- to go upon January 1, it would be the this budget crisis as some form of ing to impose on the American people beginning of this Republican effort to game. Nothing could be further from where Medicare premiums and costs cut Medicare in order to pay for tax the truth. We are fighting to save the rise, the program is cut back, and Med- cuts for the wealthy and the beginning future of this country. This is no game. icare ceases to be the effective health of the end for the Medicare Program. We Republicans simply refuse to pro- care program for the elderly that it has f ceed any further with politics as usual. been in the past. We will not continue the mindless I think also it was significant be- PRESIDENT AND CONGRESS AT AN spending and borrowing that is bank- cause last night there was a private IMPASSE rupting our children’s future and de- meeting where Republicans heard the The SPEAKER pro tempore. Under stroying any hope they have of achiev- details of the much-awaited budget the Speaker’s announced policy of May ing the American Dream. We will not compromise bill. I was appointed by 12, 1995, the gentleman from Georgia vote to extend the debt limit or con- the Democrats as a conferee on the [Mr. NORWOOD] is recognized during tinue the spending of the Federal Gov- budget reconciliation. As has been the morning business for 5 minutes. ernment with a commitment from the case with all budget matters this year, Mr. NORWOOD. Madam Speaker, President to balance the budget. as well as with the Medicare issue, the today the Federal Government will Madam Speaker as of today, we have Republicans meet in secret and do not shut down, and later this week, the no such commitment from the Presi- have meetings with the Democrats and Federal Government will reach its debt dent. He continues to play politics with the Republicans together to try to re- limit. Congress has passed bills to con- Medicare while the system goes bank- solve their differences on the budget. tinue spending and to raise the debt rupt. He refuses to accept CBO scoring, Madam Speaker, it has characterized limit, but the President has vetoed even though CBO scoring was good the Medicare debate from the very be- them. So here we are at an impasse. ginning, when there were not hearings, Madam Speaker, I am not at all enough for him when the Democrats when we were asked to vote on bills in happy it has come to this. I am con- controlled Congress. He refuses to dis- committee within 24 hours or even the cerned for the people who will be in- cuss specific cuts he will consider, in- very morning when the bills were sent convenienced by the Government shut- stead he just snipes at Congress for to us, and there was no serious debate, down. I am very concerned that some being to harsh on education and the en- there was no effort to have a hearing; Americans may lose faith in the way vironment. What is it we are doing and now, in dealing with the budget we do business here in Washington. I that he refuses to accept? Is the Presi- and hammering out a bill that will sincerely wish it had not come to this. dent against risk-assessment to make come to the floor probably today or to- But, Madam Speaker, we have no regulations more reasonable? Is the morrow or Thursday, once again, the choice. The Federal Government is $4.9 President against habeas corpus re- Republican leadership has excluded the trillion in debt. It is immoral for us to forms that will halt the endless death Democrats. continue to borrow from the future of row appeals? It is time for the Presi- Why do they do that? Well, they do it our children. We must take the steps dent to quit campaigning and start because they do not want the public to necessary to balance the budget. We governing. know what is happening with Medicare Republicans have laid out a plan to Madam Speaker, I take no joy in see- and Medicaid. They know what they reach a balanced budget by the year ing the Government closed down today. are doing is taking money from Medi- 2002. We have done so by cutting spend- But this is a step we must take if we care and from Medicaid in order to pay ing. We have done so while cutting are to reach a balanced budget and for tax cuts, primarily for wealthy taxes, not raising them. We have done save our children’s future. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12197 b 0915 that is funny at all. It is not the Amer- gressional proposal is to freeze the per- ica I knew. The America I knew said centage, not to raise the percentage on CALLING THE CRISIS FOR WHAT every child has a right to a college edu- senior citizens but just to freeze it IT IS cation, we all should have a clean envi- where it is. Nevertheless, they are The SPEAKER pro tempore (Ms. ronment and breathe fresh air, we all fighting to save Medicare and they PRYCE). Under the Speaker’s an- ought to be respectful of the elderly think that helps them in the polls. nounced policy of May 12, 1995, the gen- and we should not take great joy if we What, therefore, is the solution? I tlewoman from Colorado [Mrs. SCHROE- can squeeze some more money out of think that what is called a clean bill is DER] is recognized during morning busi- them or find some way for them to be not a solution. A clean bill means a ness for 4 minutes. a little more miserable. I do not think spending authorization with no condi- Mrs. SCHROEDER. Madam Speaker, anybody wants to see us jeopardize the tions attached, a borrowing authoriza- this is indeed I think a very dark day. full faith and credit of this Govern- tion with no conditions attached. That The institution is basically dysfunc- ment. is how we got into this mess. We have tional today and we ought to call it for I was shocked when I heard Last had business as usual for 25 years, what it is. This great Nation is being night this other side was offered a 1- where there was no restriction on bor- held hostage by some extremists who day clean continuing resolution to row, borrow, borrow, and spend, spend, came to this institution and have not avoid this crisis and turned it down. spend, and that is why we have a na- been able to get their way through the Not even 1 day, Not even 1 day would tional debt of almost $5 trillion. normal process that served this Repub- they give it. I respectfully suggest that the solu- lic for over 200 years, and so we are This is outrageous, and we really tion is to offer the President a continu- now seeing the equivalent of 2-year-old ought to call it for what it is. Do not be ing resolution today with one condi- tantrums that we see out on the play- surprised. Just get on the phones and tion, and, that is, we agree on the com- ground. No one should be surprised as tell people you do not like people play- mon goal of reaching a balanced budget to where we are. The Speaker made it ing these kind of political games with in 7 years using Congressional Budget very clear from day one where he was the full faith and credit of this great Office figures. We would take all of the going. Nation. details off of the table at this time. I If we look at these quotes, in April he thought Senator DOMENICI made a good said, ‘‘The President will veto a num- f suggestion with respect to a Medicare ber of things, and we’ll put them all on RESOLVING THE IMPASSE the debt ceiling and then he’ll decide compromise. But if necessary, I would how big a crisis he wants.’’ The SPEAKER pro tempore. Under take all that off the table for the mo- Oh, they could not wait for the crisis. the Speaker’s announced policy of May ment and concentrate on the goal, and Then again in September he said, ‘‘I 12, 1995, the gentleman from New Mex- to say that to keep the Government op- don’t care what the price is. I don’t ico [Mr. SCHIFF] is recognized during erating, the President must agree with care if we have no executive offices and morning business for 4 minutes. the Congress that we will balance the I don’t care if there are no bonds for 30 Mr. SCHIFF. Madam Speaker, we are budget in 7 years and use the common days, not at this time.’’ now at the impasse and I would like to numbers provided by the Congressional He has been very clear what his review how I believe we got here and Budget Office to match our compara- strategy was, create a crisis for this how I believe we can get out of it. tive budgets. great, great Republic like it has never I think that this impasse is due in Both of these provisions the Presi- seen before. Oh, will that not be his- part to both sides, Republicans and the dent has previously agreed to. During toric? administration, wanting to get some the campaign, the President said the Let us not look at politicians’ words. short-term advantages in the polls over budget could be balanced in 5 years. So Let us look at what the Standard & the other. I think that the congres- presumably the President would have Poor’s people say. They do not think a sional leadership has put measures into no objection to balancing the budget in lot of this crisis. They do not think these budget resolutions concerning 7 years. Second of all, the President that this is real funny. They do not ap- the death penalty, concerning regu- lectured Congress 21⁄2 years ago, telling preciate our tantrum. Look what they latory reform because we know that us that the Congressional Budget Of- said in the New York Times this week- these are popular with the American fice had consistently the best figures end. people. However, these are not issues for budget analysis. So the President They warn Government of the threat which should be mixed at this time has previously agreed to these provi- of default. If they lower the Nation’s with the budget issue. We should stay sions. credit rating, we are going to see an in- focused on the budget goals. It seems to me, Madam Speaker, that crease in interest rates, which our chil- I recommend that those issues deal- if the Congress passes a continuing res- dren are going to pay forever and ever ing with death penalty, regulatory re- olution to keep the Government going, and they are also going to see interest form, anything that is not budget, be break the impasse, allow Federal em- rates increased on the average Amer- taken off the table and addressed at an- ployees to do their jobs, with only the ican the average American other time. At the same time, the ad- condition that we agree to a balanced businessowner, the average American ministration made its biggest argu- budget in 7 years with the same meth- mortgageowner and so forth. ment that it was vetoing the bills to od of getting there and that all the de- So, Americans, you are paying a very protect Medicare. The details of the tails can be discussed and if necessary high price for this political theater, for Medicare provision, I respectfully sug- argued out in another forum, we will this 2-year-old temper tantrum, be- gest, were not of great interest to the know for certain whether the President cause people do not want to play by the administration. Their pollster simply of the United States really wants to rules that Jefferson and everyone else told them if the President is seen fight- balance the budget or was using Medi- thought was fine for over 200 years. ing for Medicare, the President will go care as a screen for not doing so. We continue to see other things. We up in the polls at least on a short-term f see them saying that it is perfectly all basis. right that we cut loose on the safety What is that fight about? Right now A WAY OUT OF THE QUANDARY net that has been there for America’s the Government, that is, the tax- The SPEAKER pro tempore. Under children and for people who are relying payers, pay 68.5 percent of part B pre- the Speaker’s announced policy of May on Medicare. We see them having their miums of Medicare. On January 1, the 12, 1995, the gentleman from Michigan favorite comedian come and talk, law is scheduled to raise that to 75 per- [Mr. LEVIN] is recognized during morn- about, ‘‘Oh, this is great, my mother cent of the payment coming out of the ing business for 3 minutes. will be on dog food, the poor will treasury. The administration knows Mr. LEVIN. Madam Speaker, this is starve, but we’ll get them new can full well that we do not know where indeed an unhappy day, and I think to openers.’’ the money is going to come from out of get out of this quandary it might be Is that not wonderful? I do not really the treasury to pay that increased per- useful to note how the Government got think that is too funny. I do not think centage and that the Republican con- to this point. H 12198 CONGRESSIONAL RECORD — HOUSE November 14, 1995 I heard the majority leader say this b 0930 That is from my hometown news- morning that the President has not en- Mr. CHABOT. Madam Speaker, my paper, the Cincinnati Inquirer, just gaged, he has not negotiated, and the hometown newspaper, the Cincinnati this morning. opposite is really true. The Repub- Enquirer, I think got it just right this Madam Speaker, the Washington licans have been negotiating with morning in their editorial. I would like Post, on its front page this morning, themselves. They forgot that they to read from that editorial here at this also has it exactly right. I will quote needed to negotiate with Democrats, time. from that. ‘‘For all the vitriol, all the finger pointing, all the carefully staged including the President. Why this fail- To hear the overwrought, over rated White ure on their part? In part I think it is House experts tell it a ‘‘train wreck’’ be- photogenic events, the real issue is the the arrogance of power. They have been tween the president and Congress will shut Republicans’ plan to balance the budg- engaged in a power play. Also, the radi- down the federal government and end life as et in 2002.’’ cal right that controls this House we know it. Let us balance the budget now. thinks it is always right. They are Wrong. It would only interrupt life as they f know-it-alls who sometimes have have come to know it—by temporarily slow- ing the juggernaut that increases spending INTRODUCTION OF THE NO sounded like know-nothings. We see in with no regard to the future. BUDGET, NO PAY ACT recent days the Speaker, who is the fa- To the real world, a backward crank on the ther of this all, now kind of blaming federal spending spigot would have a wel- The SPEAKER pro tempore (Ms. his children that he cannot control come effect: It could wake up Washington PRYCE). Under the Speaker’s an- them. with a dash of cold war in the non-stop show- nounced policy of May 12, 1995, the gen- tleman from Illinois [Mr. DURBIN] is An example is welfare reform. I saw er of taxpayer revenues. By the time this is printed this month’s recognized during morning business for this morning in the National Journal ‘‘crisis of the century’’ in Washington may 3 minutes. Congress Daily this headline, ‘‘Welfare already be averted. But if today marks the Mr. DURBIN. Madam Speaker, Amer- Bill Conferees Set To Unveil Com- disaster that the White House has predicted ica deserves better. Our Government is promise Today.’’ so long and loudly Americans should react shut down. We are now in a govern- Compromise? This is a compromise accordingly by taking their cue from the president. Go golfing. mental paralysis here in Washington. by Republican conferees meeting with That’s right. After he refused to negotiate And why? It is a politically created themselves, among themselves, shut- and castigated Congress for not working crisis. It is not a crisis that came be- ting out Democrats, including the overtime to give him another blank check, cause of the force of nature. It is some- President. Congressional Republicans President Clinton laced up his spikes and left thing that was created by the force of continue to function as if Congress is a to play a round of golf. Some crisis. politicians. partisan fiefdom. It is now 47 days Can this be the same president whose The Gingrich-led Congress has since House conferees were appointed foaming mouthpiece, Leon Panetta had the brought to us in the last year a record appalling bad taste to compare Congress to of mismanagement. They brought the on the welfare reform bill and in those ‘‘terrorists’’ who ‘‘put a gun to the presi- 47 days there has been no serious effort dent’s head’’—this, in the aftermath of the Contract With America to the floor, 31 by the Republicans at bipartisan nego- assassination of Israel’s prime minister? bills, and they published them in the tiations. They have been going it Yes. Because no matter what happens to TV Guide. Three of the thirty-one were alone. government, politics goes on as usual. signed into law, and we wasted 100 days The game plan by Republican leaders Bob that could have been spent on making I want welfare reform, I have been Dole and Newt Gingrich is to box in the working on it for years since the mid- certain that Congress did its work, and president by delivering a plan to balance the then, of course, the Gingrich-led Con- 1980’s. Democratic conferees have ex- federal budget and wipe out chronic deficit pressed our interest in working with spending in seven years as promised in the gress failed to meet its responsibilities. the Republican majority and in a letter Republican Contract With America. They were required under law to produce 13 appropriations bills for the we sent on Friday laid out critical But Clinton, who once profusely promised President’s signature by October 1. areas that should be addressed. But re- to balance the budget in five years has balked, threatening a veto unless they re- How many were presented? Three. grettably instead of negotiating a bi- store enough of his spending to prolong the Three of thirteen. If they had done partisan bill, the Republicans have deficit pain for nine years. their job and presented the bills, we been busy producing a bill that moves So Republicans stapled the lid shut on the would not be in this crisis today. in the wrong direction in critical areas box around Clinton. They offered a tem- Let me add, too, that during this such as the level of funding by the porary credit line to restrain spending but avoid a shut down until December 1 by con- year, with the Gingrich-led Congress, States in child care. It is now clear we have seen special interests swarm- that the bill they are producing is un- tinuing Government borrowing. At first, Clinton refused to discuss it and ing through the Halls of Capitol Hill. acceptable to the President. On Sunday would not even take phone calls from Ging- They have been pushing for amend- the Chief of Staff Leon Panetta said rich and Dole. Then he agreed to negotiate if ments, outrageous amendments. the President is prepared to veto this Republicans would scrub the key element of Let me give an example of some. legislation. their plan, Medicare reform. Republicans First, to cut education. The banking I say there is a way out. True biparti- said no way. interests came in and forced a change sanship. The Republicans have to end Both sides are playing politics, but at least Congress is trying to accomplish what the which will increase the costs of student their arrogance of power. Medicare, majority of voters demanded in 1994, a bal- loans by $10 billion. Kids from working they want to stuff into the bill a pro- anced budget. If that goal is finally achieved, families trying to get an education, posal that would move this country on short term pain is justified for long term trying to make it, will face more debt the path toward doubling the premium gain. because the Gingrich-led Republicans on Medicare in the next 7 years. Stop the swelling of a $5 trillion debt that have bowed to the banking interests. I say to the Republicans: Look. You will be hung on the necks of future genera- Then, of course, there is the environ- tions. Besides, the pain is not that bad. Even mental agenda of the Gingrich Con- have decided you control this House the worst-case train wreck is more of a bad and the Senate and to go it alone. You fender-bender. Essential Government serv- gress. Amazing. Amazing that in one have sent this country into a perilous ices continue, and despite the White House bill, in 28 pages, they wanted to repeal course. You must pull back. attempt to blame Congress, it is the Presi- 14 different environmental protection dent’s constitutional duty to negotiate a laws, including the right of the Federal f budget with lawmakers. If Clinton refuses to Government to monitor arsenic in negotiate, voters should remember that he drinking water. ‘‘Did he say arsenic in LET US BALANCE THE BUDGET alone decided to risk spreading flu through NOW drinking water?’’ Yes, that was one of financial markets rather than balance the the bills that they wanted to repeal. The SPEAKER pro tempore. Under budget 2 years sooner than his own cobbled Think about that for a second, the budget would have achieved. the Speaker’s announced policy of May In this overhyped showdown, this much is extremism of the Gingrich-led environ- 12, 1995, the gentleman from Ohio [Mr. clear: For the first time Congress has a plan mental agenda. CHABOT] is recognized during morning to balance the budget, and the President is But one of the worst, of course, is business for 4 minutes. trying to kill it. their proposal to increase Medicare November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12199 premiums on seniors by 25 percent. they had simply had the willingness to We also in our own office, we fur- They want to cut Medicare to balance do their job and pass the appropria- loughed half of the congressional em- the budget. tions bills rather then messing around ployees that work for the Second Dis- We all know that changes must be with all of this agenda of the radical trict. The offices in Charleston and made in Medicare so it will be pre- right which has tied them up. It has Martinsburg have been reduced to one served and strong for years to come. not been President Clinton that caused person answering telephones for emer- But the Gingrich Republicans have just them to get only 2 of 13 appropriations gency services only. The mobile office gone too far. It has been unfortunately, bills to his desk by September 30. It which visits a different country every under the Gingrich leadership, a time has not been the Democratic minority day during the month, of course, is not of crises and chaos. in the House or the Senate. They could operating. So the congressional office, But no surprise. Listen to the Speak- not agree amongst themselves as to as well, is complying with this. er on the Sunday morning talk shows, how crazy they would be with reference I think this is a very, sad state of af- and I quote him, ‘‘I will cooperate, but to passing what the chairman of the fairs, Madam Speaker. The only cau- I will never compromise.’’ Those are House Committee on Appropriations tious or the good news. I guess, is de- not the words of a person who sits called payback time to the radical spite their fact we have so many Fed- down at a negotiating table looking for right and holding up the business that eral employees in West Virginia fur- a solution. That is the kind of growling should have been occurring in getting loughed, so many services cut back, and grousing and political rhetoric these appropriations bills there. our own congressional services signifi- that most people are sick and tired of. No, cutting Medicare, raising the cantly cut back, the only good news is I have a proposal to change this and cost to the ordinary person relying on negotiations are taking place. end this crisis immediately. It is called Medicare and NEWT GINGRICH explained I predict that something could take no budget, no pay. We are sending the situation that we face today. place in the next 12 hours. If it does 800,000 Federal workers home today I have been very interested this not, then I fear that this standoff is without pay. But guess what, Members morning to listen to my Republican going to last for a long time. of Congress still get their paycheck. So colleagues as they responded to this What is really at issue, Madam I introduced a bill on September 22 crisis because they have told the people Speaker? What is at issue is whether that said if Members of Congress do not of America two things: the President signs simple legislation keep Government running, default on The first one is, ‘‘You know, we Re- that says the Government can continue the national debt, then, frankly, they publicans are not really as mean as you for 3 more weeks or however long while do not get their paychecks. If we Democrats say we have been. We are the Republicans and Democrats, the turned off the TV cameras and stopped just a little bit mean. I mean, we do White House, negotiate, and that sim- the congressional paychecks, I predict not want to totally foul all the water ple legislation is about two pages long. this crisis would be over in 15 minutes. supply of America. We just want to let I hold this up. It is proportionate in f it be a little bit more dirty than it is scale. However, what the President was today.’’ sent was about this big in size. So this AMERICA DESERVES BETTER On the environment, ‘‘We just think is what is needed to keep the Govern- The SPEAKER pro tempore. Under the environment ought to be a little ment functioning; this is what the the Speaker’s announced policy of May more dirty than it is today.’’ President was sent. He was sent a lot of 12, 1995, the gentleman from Texas [Mr. ‘‘And we do not believe you should riders, special interest provisions, DOGGETT] is recognized during morning cut off the opportunity of students to budget provisions that ought to be ne- business for 3 minutes. go to school, they can pay just at little gotiated, a whole lot of strings at- Mr. DOGGETT. Madam Speaker, you bit more, just another thousand dol- tached. know, to understand the crisis we are lars. It is not as bad as what NEWT This keeps the Federal Government going through here in Washington GINGRICH and his group proposed in the today, you really only need to under- fall to hike the price by $5,000 to get a operating. This is what the President was sent. And so what ought to be done stand three words, NEWT GINGRICH and college education. We think raising it Medicare. $1,000 on middle-class families who are is obviously send a single legislation You see, from the beginning it has struggling to get a young person that is necessary. been NEWT’s way or no way with ref- through high school so they can go to Unfortunately, had I voted for the erence to the way this Government college, we think just a little bit more continuing resolution or had the Presi- would operate. NEWT GINGRICH made it pain is okay.’’ dent signed it in this form, he would very clear in the spring of this year, And to our seniors, ‘‘Just a little bit have been signing a Medicare increase, and he repeated it this summer, he re- more pain is okay.’’ 25 percent, for 300,000 West Virginia peated it again this summer, that he Well, I think that America deserves senior citizens, costing West Virginia wanted this crisis. It was not some- better treatment than that. It is get- taxpayers even more, because they thing he was trying to avoid doing. He ting through NEWT GINGRICH, and we would have also been supplementing wanted to demonstrate to America and certainly do not need the kind of Medi- the 40,000 low-income seniors that can- to the world that he was king of the care cuts he proposed. not even afford that monthly premium mountain and that everybody had to f increase of roughly $7 a month. He salute him because he was the fount of would have been signing other signifi- all knowledge about the problems of GET THIS GOVERNMENT BACK TO cant changes as well. the world. WORK What he would have been doing is The key part of NEWT’S way or no The SPEAKER pro tempore. Under signing the very budget agreement in way as far as this particular budget the Speaker’s announced policy of May many ways that has yet to be nego- crisis is, of course, the one item that 12, 1995, the gentleman from West Vir- tiated. I have not agreed with the they chose to put on the continuing ginia [Mr. WISE] is recognized during President in every instance, but is this resolution that they sent over for the morning business for 3 minutes. case I happen to think he is correct. courageous veto President Clinton ex- Mr. WISE. Madam Speaker, I rise When some say he is not doing his job, ercised, and that is Medicare. He want- today; the sun has come up over the it is the Congress that has not sent him ed to send the seniors, he wanted to United States again, and yes, the Gov- 11 of the 13 appropriation bills that are send the people with disabilities ernment continues, although in a trun- necessary for the Government to func- around this country a happy New cated fashion. tion. Eleven of their 13 still have not Year’s present in the form of a Medi- In West Virginia, over 17,000 Federal gone to the President 6 weeks after care premium increase. It is the one ir- employees face furlough, many of they were due. relevant provision they chose to tack whom will be furloughed or are fur- We heard a lot of talk about the on a continuing resolution which, of loughed today. Many of these Federal budget. The House and the Senate only course, would never have been nec- employees live in my district, in the last night finished the budget, well essary to send to the President at all if Second Congressional District. over 6 weeks late. There was nothing H 12200 CONGRESSIONAL RECORD — HOUSE November 14, 1995 for him to sign; but send him the sim- the last several years in its proper per- Folks, we have to stand up to the ple continuing resolution and get this spective. line and accept the responsibility, just Government back to work. A lot of people in our Chambers like every constituent we have got out f think that the crisis started at mid- there accepts their personal respon- night last night. That crisis did not sibility with their personal checkbook, CONGRESS NEEDS LEADERSHIP start at midnight last night. This crisis with their personal family, every The SPEAKER pro tempore. Under has been going on for years and years month. That is what this is about. It is the Speaker’s announced policy of May and years. The old bad habits in Wash- not about the Medicare issue. That is a 12, 1995, the gentlewoman from North ington, DC, have forced this country diversion. It is not about whether or Carolina [Mrs. CLAYTON] is recognized into a position of fiscal insanity. not to use the trust funds out of Social during morning business for 3 minutes. We heard some of the previous speak- Security. That is a diversion. Mrs. CLAYTON. Madam Speaker, ers talk about extremes. You want to The question is, will this country get what this Government needs and what hear about extremes? Compare this: to a balanced budget? Will this country this Congress needs is leadership, lead- Right now your Government in this operate fiscally like every family in ership that will not play political country is spending $30 million an hour America is expected to operate? games or brinksmanship. What we need more than it brings in, $30 million an Most of the people on this side of the in a time of crisis is vigorous leader- hour. aisle say no, business as usual. Let us ship that understands the needs of the I ask the American people, how many continue to run this deficit. But those people are more important than their of you out there in America can over- of us, some of us who have been labeled political game. spend your budget in the same propor- as extremists, say wait a minute, it is What we need are rational people, tion that the Federal Government has not asking the impossible. It is not un- moderate people who will find oppor- been allowed for year after year after usual to expect the representatives of tunity to compromise. Is it rational to year after year to overspend its budg- this Government in Washington, DC, expect that the Government will have et? When are we finally going to stand not to accept business as usual, but to a clean continuing resolution? I think up to this fiscal insanity, when are we demand from the American Govern- it is. It is, because really the argu- going to finally get the courage to ment that we operate our budget like ments that we are making on the con- stand up and say you cannot continue the American people operate theirs. to run a government like you are run- tinuing resolution are arguments we f should make on the budget reconcili- ning this Government in Washington, ation. That work has not been done. DC? NOW IS THE TIME TO FACE Why stretch this argument for the If you think the people out there in REALITY American people? Already the Amer- America are confident about Washing- ton, ask them if they think for their The SPEAKER pro tempore. Under a ican people have said things that are in previous order of the House, the gentle- the budget reconciliation should not be taxpayer dollar they are getting a bang for their dollar, a bang for their buck? woman from Texas [Ms. JACKSON-LEE] there. is recognized for 2 minutes. Why are we giving the American peo- I think you are going to find the an- swer is no. Ms. JACKSON-LEE. Madam Speaker, ple this anguish, this turmoil, when we I think the real issue this morning and need not do it? Why do we not step up Ask the American people what it is like to spend the first 2 hours and 45 over these past 11 months, starting to the bar and say there is a right way around the month of February, is that to do this, there is a right way to gov- minutes of every workday of their working career just to pay taxes? In the Republicans really do not get the ern? message. I challenge the Speaker to find that other words, when they go into work at Madam Speaker, it is interesting vigorous verbosity that he has in ex- 8 o’clock in the morning, it is not until that someone would argue what the plaining all of the nuances of democ- a quarter to 11 or so before they finally American families need. I think basi- racy, to find it by simple leadership, get to put some money in their own cally the American families do very the leadership that says we will govern pocket. well in helping to create what they without respect to party, we will gov- Ask the American person what it is need, a roof over their heads, transpor- ern without respect to politics, we will like to owe more money to the Federal tation, food for their children, and sup- govern without respect to who wins. Government as a result of this Federal port for their elderly citizens. And any- Actually the American people would deficit than most families owe on their thing that hinders that opportunity is not care who wins, who blinks first, home mortgage. Ask the American absolutely wrong policy. when this is all over. But they will family what it is like to pay more in blame us if indeed senior citizens have taxes than they pay for transportation, Basically, September was the month to pay a larger premium. They will for housing, for clothing, and for recre- when we should have passed all of the blame us if students no longer have op- ation combined. appropriation bills, which would have portunities to go to school. They will Madam Speaker, we have got to do caused this Government to continue to blame you if opportunities for the envi- something about this fiscal insanity. operate. But now I have to tell the Fed- ronment retrogress, if we have that op- Now, sure, everybody said my gosh, the eral employees who took their day off portunity and fail to do that. sun is not going to come up today after on Saturday and joined me with my These are the attributes of leadership the Government shuts down. I venture congressional office in a local grocery and crisis, not to blame each other but to say in comparison to the fiscal crisis store and worked on their holiday, to find how we have common good, we have got, it is going to be classified those from Social Security, IRS, and common issues that bring us together, as an inconvenience. the Veterans Administration, that that is the leadership that we need in a I hear some of my colleagues up here they do not matter; the services that time of crisis. telling you about Medicare. It is the they provide to veterans and the senior Democrats’ position to drop the pre- citizens and people who need and have f miums. Folks, this is a fund that is in concerns about Internal Revenue Serv- b 0945 fiscal trouble. It is going bankrupt. ice issues, that they do not count. Even Clinton’s advisors, even the I think what we should recognize is STOP THIS FISCAL INSANITY President’s advisors, said this fund will that we have been negotiating. In fact, The SPEAKER pro tempore (Ms. be bankrupt if we do not do some fiscal the Democratic leader said just last PRYCE). Under a previous order of the management on it. You cannot lower night, let us pass a 24-hour continuing House, the gentleman from Colorado the premiums right now. resolution so that we can keep the [Mr. MCINNIS] is recognized for 4 min- By the way, if you lower the pre- doors of this Government open. It was utes. miums, it does not lower the cost. The rejected by the Republican leadership. Mr. MCINNIS. Madam Speaker, I cost stays the same. Who makes up the Now is the time to face reality. The think that it is very important that we difference? All the rest of the tax- reality is that we do have the oppor- put today’s events and the events over payers in this country. tunity to create a budget that reflects November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12201 and respects senior citizens, the envi- THE JOURNAL From the Committee on Govern- ronment, education of our children, The SPEAKER pro tempore. The mental Affairs for the consideration of key issues that move this country to- Chair has examined the Journal of the title VIII (and for consideration of the ward the 21st century, not misdirected last day’s proceedings and announces title of the House bill relating solely to ideas and policies that undermine what to the House her approval thereof. abolishing the Department of Com- this country should stand for. Pursuant to clause 1, rule I, the Jour- merce): Mr. STEVENS, Mr. COHEN, Mr. The Republicans again do not get it. nal stands approved. THOMPSON, Mr. GLENN, and Mr. PRYOR. Democrats are prepared to engage in a From the Committee on the Judici- bipartisan discussion of keeping this f ary for the consideration of title IX: Government going, balancing the budg- PLEDGE OF ALLEGIANCE Mr. HATCH, Mr. GRASSLEY, and Mr. et. But do not scare the American peo- BIDEN. The SPEAKER pro tempore. Will the ple with false exaggeration regarding From the Committee on Labor and gentlewoman from Ohio [Ms. PRYCE] the deficit. We know the deficit has Human Resources for the consideration come forward and lead the House in the come down. We also know the Amer- of title X: Mrs. KASSEBAUM, Mr. JEF- Pledge of Allegiance? ican people know the difference be- FORDS, Mr. COATS, Mr. FRIST, Mr. KEN- Ms. PRYCE led the Pledge of Alle- tween credit and the need to pay as NEDY, Mr. PELL, and Mr. SIMON (for giance as follows: you go which is their Government’s re- ERISA and other matters). sponsibility. I pledge allegiance to the Flag of the From the Committee on Veteran Af- United States of America, and to the Repub- fairs for the consideration of title XI: Madam Speaker, I just ask, let us lic for which it stands, one nation under God, come to the table of reconciliation, indivisible, with liberty and justice for all. Mr. SIMPSON, Mr. MURKOWSKI, and Mr. pass a clean continuing resolution, ROCKEFELLER. f keep the Government open, and make The message also announced that sure that the American people in this MESSAGE FROM THE SENATE pursuant to Public Law 103–322, the battle win, and not continue to foster Chair, on behalf of the Democratic A message from the Senate by Mr. confusion upon our constituents. leader, announces the appointment of Lundregan, one of its clerks, an- f Gilbert L. Gallegos, of New Mexico, to nounced that the Senate insists upon the National Commission to Support RECESS its amendment to the bill (H.R. 2491), Law Enforcement. ‘‘An Act to provide for reconciliation The SPEAKER pro tempore. Under a pursuant to section 105 of the concur- f previous order of the House of May 12, rent resolution in the budget for fiscal ANNOUNCEMENT BY THE SPEAKER 1995, morning hour debate may not year 1996,’’ disagreed to by the House, PRO TEMPORE continue beyond 9:50 a.m. Accordingly, agrees to the conference asked by the pursuant to clause 12 of rule I, the House on the disagreeing votes of the The SPEAKER pro tempore. The House will stand in recess until 10 a.m. two Houses thereon, and appointed the Chair will recognize fifteen 1-minutes Accordingly (at 9 o’clock and 50 min- following Members to be the conferees on each side. utes a.m.), the House stood in recess on the part of the Senate, with instruc- f until 10 a.m. tions: WELCOME TO DR. DAVID BURR f From the Committee on the Budget for the consideration of all titles: Mr. (Mr. BURR asked and was given per- b 1000 DOMENICI, Mr. GRASSLEY, and Mr. mission to address the House for 1 minute and to revise and extend his re- AFTER RECESS EXON. From the Committee on Agriculture, marks.) The recess having expired, the House Nutrition, and Forestry for the consid- Mr. BURR. Madam Speaker, as is tra- was called to order by the Speaker pro eration of title I: Mr. LUGAR, Mr. DOLE, dition in the House, I have the honor tempore (Mrs. MYRICK) at 10 a.m. Mr. HELMS (for consideration of section this morning of introducing our guest f 1113 and subtitle D), Mr. COCHRAN (ex- Chaplain. Dr. David Burr attended cept for consideration of sections 1106, Princeton Theological Seminary after PRAYER 1108, 1113, and subtitle D), Mr. CRAIG serving in World War II as a frogman in Rev. Dr. David Burr, pastor emeritus, (for consideration of sections 1106 and our Navy. First Presbyterian Church, Winston- 1108), Mr. LEAHY, and Mr. PRYOR. He has served Presbyterian churches Salem, NC, offered the following pray- From the Committee on Armed Serv- in Charlottesville, VA; Norfolk, VA, er: ices for the consideration of title II: and retired in a church in Winston- O merciful God, in this season of Mr. THURMOND, Mr. MCCAIN, and Mr. Salem, NC, during his 43 years in the thanksgiving, we humble ourselves be- BINGAMAN. ministry. fore You and give thanks. Thanks- From the Committee on Banking, David Burr served as the chairman of giving for this blessed land; thanks- Housing, and Urban Affairs for the con- the Southern Presbyterian Church and giving for this special place and these sideration of title III: Mr. D’AMATO, on the board of trustees at Davidson chosen leaders; thanksgiving for the Mr. GRAMM, and Mr. SARBANES. University. freedom to debate and represent the From the Committee on Commerce, Today is indeed a special one for me, people; thanksgiving for our homes and Science, and Transportation for the because our guest Chaplain watched me families; thanksgiving for Your eternal consideration of title IV: Mr. PRES- take my first step, was there on my presence. SLER, Mr. STEVENS, Mr. MCCAIN, Mr. first day of school, and served as my As we give thanks O God, we ac- HOLLINGS, and Mr. INOUYE. roll model in life. David Burr is indeed knowledge that we are prone to all the From the Committee on Energy and my father, but he is also my best weaknesses of human character. Natural Resources for the consider- friend. I am honored today, Dad, to We are selfish, and often think our ation of title V: Mr. MURKOWSKI, Mr. welcome you to the U.S. House of Rep- ways are always the best ways. HATFIELD, Mr. NICKLES, Mr. CRAIG, Mr. resentatives. Therefore, we ask for wisdom and JOHNSTON, Mr. BUMPERS, and Mr. FORD. f guidance; we ask for courage that we From the Committee on Environ- may be faithful; we ask for patience ment and Public Works for the consid- THE PRESIDENT SHOULD STAND that we may be fair; we ask for health eration of title VI: Mr. CHAFEE, Mr. FAST that we may complete the task before WARNER, Mr. SMITH, Mr. BAUCUS, and (Mr. PALLONE asked and was given us. Mr. REID. permission to address the House for 1 And, O gracious God, we pray for From the Committee on Finance for minute and to revise and extend his re- peace, peace in the world, peace in our the consideration of title VII and title marks.) Nation, and peace in our hearts. XII: Mr. ROTH, Mr. DOLE, and Mr. MOY- Mr. PALLONE. Madam Speaker, I With thanksgiving. Amen. NIHAN. spoke earlier about the fact that I was H 12202 CONGRESSIONAL RECORD — HOUSE November 14, 1995 very pleased that President Clinton ANGST IN OUR INSTITUTION Mr. GUTIERREZ. Madam Speaker, last night vetoed the continuing reso- (Mr. PETERSON of Florida asked we all know the ship of Government is lution because it avoided a major in- and was given permission to address stuck. It has hit a reef and it cannot crease in Medicare premiums for the the House for 1 minute and to revise move. Nation’s elderly. and extend his remarks.) But do not worry—NEWT GINGRICH However, this is not only an issue Mr. PETERSON of Florida. Madam and the Republicans have a solution—a with regard to Medicare and health Speaker, these are trying times in the simple way to get our ship of Govern- care concerns for the elderly. It is also House of Representatives and in the ment moving again. important that the President stand Senate and in the Nation; very par- Just throw some people overboard. fast because the budget that we will tisan times. Start with the elderly. probably be considering within the Today I, along with my colleague Toss some students. next couple of days also makes major from Florida, Mr. JOHNSTON, were Then abandon America’s veterans. cuts in education, particularly with re- going to enter a privileged resolution gard to student loans for young people. dealing with the Committee on Stand- The Republican plan? Cut some Medi- It is also important because of the ap- ards of Official Conduct of this House, care payments, threaten student loans, propriations bills and the less money which is the police station of ethics for and lower VA benefits, and we’ll get that the Republican leadership intends this institution. this ship moving again. to spend on the environment. Madam Speaker, for over 14 months Well, thankfully for the millions of In my district, the environment is they have had complaints involving the Americans who work hard every day the same as the economy. We need a Speaker of this House and have not re- and expect a fair deal from their Gov- quality environment in order to im- ported back to their employer, the ernment, our President has said no. prove our lives and in order to make it House of Representatives. However, be- He believes the ship of Government possible for future generations to enjoy cause of the angst that exists within moves much better when we bring ev- a quality environment. this institution today, we are not going eryone along—the elderly, our chil- dren, our veterans. The fact of the matter is, by vetoing to pursue the privileged resolution. the legislation last night, the Presi- We will encourage the Committee on The Democratic Party believes that dent is sending the message that he Standards of Official Conduct to con- we are all better, and stronger—more wants to protect seniors and their tinue their work. We would like very American—when we solve our problems health care, he wants to protect edu- much for them to report to us, but we together, move forward as one people, cation programs, and understands the will withhold until a more quiet time and leave no one behind. importance of education, and also un- in this institution. This Republican posturing about the derstands the importance of a quality f continuing resolution is no more than environment. a ransom note. Throw some people PRESIDENT IS AGAINST over—or we’ll sink the ship. f BALANCING THE BUDGET Mr. President—stand firm. Do not let (Mr. SAM JOHNSON of Texas asked CONGRESS’ SPENDING SPREE A the ship sail by abandoning our people. and was given permission to address BURDEN TO OUR CHILDREN f the House for 1 minute and to revise (Ms. DUNN of Washington asked and and extend his remarks.) SOLUTION NEEDED FOR IMPASSE was given permission to address the Mr. SAM JOHNSON of Texas. Madam House for 1 minute and to revise and Speaker, yesterday the President de- (Mr. SCHIFF asked and was given extend her remarks.) cided he had two reasons why he vetoed permission to address the House for 1 the debt limit bill. Let us look at what minute and to revise and extend his re- Ms. DUNN of Washington. Madam marks.) Speaker, the introduction by the gen- he said. He said the bill tied the hands Mr. SCHIFF. Madam Speaker, we tleman from North Carolina [Mr. BURR] of the Treasury Secretary to avoid a of his father a moment ago was a great default. need a solution to this impasse. I do change from the rhetoric we have Madam Speaker, do we know what not believe that a solution is unre- heard during the last few years. that means? We were trying to stop the stricted borrowing and spending. That Secretary from stealing from the So- is what we have been doing for the last Madam Speaker, I want to take a cial Security trust fund and now, be- 25 years. However, I believe part of the moment to address my colleagues from cause the President did not sign that, solution is taking off the table at this my perspective as a mother. First, I he can do that. time specifics towards reaching a bal- know what it is like to raise two little Second, he stated the bill obligates anced budget. boys into grown men and I know what the President and the Congress to pass I suggest, and I encourage, the Con- it is like to dream about their futures. a plan which cuts Medicare and edu- gress of the United States to pass a Unfortunately, the burden this Con- cation and increases taxes. Well, let me continuing resolution today that will gress has put on these children for the just say to my colleagues, we are try- keep the Government going with only last few decades has been a spending ing to save Medicare, increase Medi- one condition, and that is that the spree that has undermined their fu- care spending, reform welfare, and re- President and the Congress agree on tures. Past Congresses have burdened duce America’s tax burden and shrink reaching a balanced budget as a com- each child born this year with a bill of the size and scope of the Federal Gov- mon goal. That will mean agreeing to $187,000, just to pay interest through ernment. reach a goal through the same method their lifetime on the national debt. It is obvious what the President real- in 7 years using Congressional Budget That is why we must move aggres- ly is against is balancing the budget. Office figures. sively toward a balanced budget. He wants to spend more money, create The President of the United States As a mother I am concerned that we more bureaucracies and pile more debt has previously agreed with both of do the right things to preserve and pro- on our kids. It is unfortunate that those conditions. He suggested during tect Medicare for my sons, not to men- shutting down the Government is the his campaign that the budget could be tion my parents. That is why we must only way to stop him. balanced in 5 years. Further, he stood take the steps necessary to save Medi- f in this Chamber and lectured the Con- care from going into certain bank- gress on the fact that he thought the ruptcy. OUR SHIP OF GOVERNMENT IS Congressional Budget Office had the Madam Speaker, as the front page of SINKING best and most accurate figures in pro- the Washington Post says today, the (Mr. GUTIERREZ asked and was jecting the government budget. There- real fight is over balancing the budget. given permission to address the House fore, we should say that the one condi- I am committed to it, we are commit- for 1 minute and to revise and extend tion is a common goal of balancing the ted to it. It is the right thing to do. his remarks.) budget. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12203 AMERICAN PEOPLE ARE THE mated that the task force would cost It is quite telling that the Repub- LOSERS less than $100,000. lican majority is willing to give a tax (Mr. GENE GREEN of Texas asked While the Clinton administration was break to the wealthiest Americans, yet and was given permission to address behind closed doors planning a Govern- they are not willing to avert a Govern- the House for 1 minute and to revise ment takeover of the health care in- ment shutdown that will hurt thou- and extend his remarks.) dustry, the taxpayers were picking up sands of working class families. Mr. GENE GREEN of Texas. Madam the tab. My colleagues on the other side of the aisle Speaker, today the House leadership, This is just another example of the often assert that the people voted for change and we have heard it already this Clinton administration not being last November. However, I doubt this was the morning, is in the blame-shifting mode upfront with the Congress or the Amer- kind of change they had in mind. and the only losers are going to be the ican people about the entire scale, f American people. scope, and cost of their taxpayer-fund- The majority of the Republicans say ed activities. CHANGING THE CULTURE IN they want to save Social Security, but It is no wonder the Clinton adminis- WASHINGTON even under their balanced budget pro- tration cannot balance the budget. (Mr. HAYWORTH asked and was posal in 7 years, they still borrow over f given permission to address the House $100 billion from the Social Security POSTPONEMENT OF PRIVILEGED for 1 minute and to revise and extend trust fund. The Government is shutting RESOLUTION IN SPEAKER’S ETH- his remarks.) down and we are inching closer to de- ICS CASE Mr. HAYWORTH. Madam Speaker, I faulting on our debt, and who is to listened with great interest to my good blame for the disaster? The blame rests (Mr. JOHNSTON of Florida asked and friend from Illinois. He said, ‘‘Federal solely with the Republican majority. was given permission to address the workers, the ones who elected us, do The reason they need a continuing House for 1 minute and to revise and not want to see the Government closed resolution and the debt limit increase extend his remarks.) down.’’ Mr. JOHNSTON of Florida. Madam is because the Republican majority There are a lot of dedicated govern- Speaker, the gentleman from Florida failed to finish their work. As of today, mental employees. I do not doubt that [Mr. PETERSON] has preceded me to ex- only 5 appropriations bills out of 13 for a second. But the fact is there is a plain what and why our actions are have been finished, and only 3 sent to special interest at work here. It is the the President. Instead of finishing changed today. We had planned to offer a privileged special interest of those who always their work, the Republican majority is resolution today calling on the House ask us to tax and spend and take more saying well, Mr. President, you need to Committee on Standards and Official of your money to run a bigger and big- increase Medicare premiums and cut Conduct to report to the full House on ger and bigger Federal Government. education, or we are shutting down the the status of their investigation of eth- All the other issues are misdirected. Government. ics complaints filed against Speaker All the other issues are to take you On September 22, the Washington away from the central defining ques- GINGRICH as well as their decision with Post reported Speaker GINGRICH say- respect to appointing outside counsel tion that we are to decide today or in ing, ‘‘I don’t care what the price is. I in this matter. the days to come. That is, do we want don’t care if we have no executive of- In light of the profound problems we to fundamentally change the culture of fices and no bonds for 30 days, not this face today, it is our decision to hold tax and spend in Washington? time.’’ our resolution until the national crisis President Clinton said time and Well, the majority should care. The has subsided. again on the campaign trail, he was for American people should not be made to But we are no less committed to see- a balanced budget. My good friends on pay the price for the Republican major- ing it through to fruition and we will this side of the aisle say time and ity not doing their work. resume our efforts as soon as possible. again, ‘‘Well, sure we want to balance f f the budget, but no.’’ b No ifs, and, or buts. No excuses. It is 1015 GOVERNMENT SHUTDOWN HURTS time to change the culture of tax-and- PRESIDENT’S HEALTH CARE TASK ORDINARY AMERICANS spend, time to balance the budget, and FORCE CALLED POLICY DISASTER (Mr. RUSH asked and was given per- we intend to do exactly that. (Mr. CLINGER asked and was given mission to address the House for 1 f permission to address the House for 1 minute and to revise and extend his re- FEDERAL EMPLOYEES TO minute and to revise and extend his re- marks.) RECEIVE PAID VACATION marks.) Mr. RUSH. Madam Speaker, I rise Mr. CLINGER. Madam Speaker, in today in utter amazement. The com- (Mr. DOGGETT asked and was given one of his first acts after taking the plete disregard of the interests of the permission to address the House for 1 oath of office, President Clinton an- American people by the Republican minute.) nounced the formation of the Health majority is appalling. Mr. DOGGETT. Well, the Democrats Care Task Force. He selected Mrs. Clin- Federal workers, the people who are tax-and-spend and the Republicans ton to lead this task force and charged elected us, should not be sacrificed as can run Government on the cheap be- her with developing a legislative pro- pawns for the Republican agenda. The cause they are not really for all these posal to solve our Nation’s health care Republican majority is hell bent on Government employees. problems. achieving its ends no matter what the How, Madam Speaker, do they pro- I was very critical of the secret man- sacrifice is—including the livelihood of pose to do it this week? Well, they are ner in which this task force operated those who have chosen to serve this going to give 800,000 Federal employees and also the 500 outsiders who worked Nation. This is not about balancing the a paid vacation. Yes, that is right. on it. budget—it is about back room deals for Today and until they resolve this crisis We now know that the task force was special interests. and get back to the reality of America, an unmitigated policy disaster. What Seniors, working families, students, they are going to pay 800,000 Federal we did not know was how much this and the poor have been silenced during employees to do absolutely nothing. rogue operation cost. this GOP budget process. If the Repub- That is the kind of good business Well, now we know and it is not very licans are not willing to listen to ordi- sense they have brought to this Gov- pretty. The General Accounting Office nary Americans, then who do they lis- ernment, when they could not pass the reported to me last week that Presi- ten to? Might it be big business and appropriations bills because of all their dent Clinton’s failed Health Care Task special interests? In case you have not squabbles between the far right and the Force cost the taxpayers nearly $14 figured it out by now—the shutdown of not-so-right in the Republican Party. million. the U.S. Government is an indication Who is going to pay for this non- Shortly after the task force was es- of where the Republican majority’s in- sense? The American taxpayer. They tablished, the administration esti- terests lie. are not going to save one dime this H 12204 CONGRESSIONAL RECORD — HOUSE November 14, 1995 week. They are going to be paying Fed- cares about our students, and he cares minute and to revise and extend his re- eral employees to do absolutely noth- about our environment. That is why he marks.) ing in order to accomplish their radical will not accept this budgetary black- Mr. WAMP. Madam Speaker, yester- right agenda to cut Medicare and raise mail. day the gentlewoman from Colorado the premiums on every senior, on every Madam Speaker, I say to the Speak- [Mrs. SCHROEDER] came to the House person with disabilities come January er, if you want the President to sign floor and declared how mad she was 1. your budget, do not rewrite history, re- that this could happen, that the Presi- It is wrong to ask American tax- write your budget. dent and Congress could not get to- payers to pay our Federal employees to f gether and that Federal employees do absolutely nothing just to satisfy may be furloughed. this agenda of power of NEWT GINGRICH. KEEPING THE BALANCED-BUDGET Let me tell you what makes me mad. f PROMISE It even makes me sick, that in my life- (Ms. PRYCE asked and was given per- time, since 1969, this Government has BALANCING THE BUDGET mission to address the House for 1 run up 5 trillion dollars’ worth of debt (Mr. CHABOT asked and was given minute and to revise and extend her re- and our children are going to have to permission to address the House for 1 marks.) pay it. And almost everything they minute.) Ms. PRYCE. Madam Speaker, Presi- earn is going to go to the Government Mr. CHABOT. Madam Speaker, the dent Clinton has said that he would in the future. Washington Post was just right this present a 5-year, a 10-year, an 8-year, Stop the madness, Mr. President. morning when they said the real issue and a 7-year balanced budget plan. Balance the budget. That is all we have is balancing the budget, and this is the Obviously, the President has a prob- to do is come together this week for time to decide. lem being committed to one particular our children and their future. Are we going to continue adding to a course of action. It is really difficult to f $5 trillion debt that smothers the econ- know where he stands. omy and drives up interest rates and Well, the American people do not TIME FOR REPUBLICANS TO DO imperils our children’s future or do we need this kind of indecision. The na- THEIR WORK want to exercise some fiscal respon- tional debt stands at (Ms. FURSE asked and was given per- sibility, trim the growth in spending $4,985,913,011,032.65. Republicans in Con- mission to address the House for 1 and cut taxes? gress are not backing down from the minute and to revise and extend her re- The choice to me is clear. We cannot promise we made a few months ago, to marks.) continue business as usual. We are balance the budget and give our chil- Ms. FURSE. Madam Speaker, let me going to balance this budget. That is dren a brighter future. just get one thing clear. This has noth- what we were sent here to do. Madam Speaker, when it comes to ing to do with balancing the budget. I still have some hope, perhaps naive, the budget, the President has offered The budget that the Republicans are that the President will stop his ob- no leadership, has given us no plan, and talking about increases Pentagon struction and begin to work with us. It has left us no choice. spending by $63 billion more than they was only a month or so ago that the f asked for, and gives a $245 billion tax President again conceded that the bal- break to the wealthy. That is not bal- ance budget goal is necessary and es- PUTTING FEDERAL AGENCIES IN ancing the budget. sential. It was only a few weeks ago THEIR PLACE It is very simple. What this is about that he confessed that he had raised (Mr. TRAFICANT asked and was is that the Republicans have not been taxes too much. able to get their job done. In the first If the President believes his own given permission to address the House for 1 minute and to revise and extend year they have been in control, instead words have any meaning at all, he of playing a PR game, they should have ought to work with us to cut taxes and his remarks.) Mr. TRAFICANT. Madam Speaker, been toiling in the field. This is a crisis cut spending and, yes, let us balance because they have not managed to get the budget. Today would be a good the last I heard we are still a participatory democracy with a Con- the appropriations bills sent to the time for the President to start to work President. The bill sent to the Presi- with us to do just that. stitution, with rights, and the Con- stitution is supposed to protect our dent for the continuing resolution and f citizens. the debt increase was a Christmas tree. It was hung, hung with all sorts of ex- TIME TO REWRITE THE BUDGET Well, all of America has been up in arms over Waco and Ruby Ridge and tremist things, like gutting environ- (Ms. DELAURO asked and was given all these Federal agencies came before mental laws and raising the Medicare permission to address the House for 1 the Congress and testified these were premiums. As usual, it seems that the minute and to revise and extend her re- big mistakes, they would never let it extremists are in control. marks.) happen again. This is a time for common sense and Ms. DELAURO. Madam Speaker, we Ladies and gentlemen, the FBI wants fiscal responsibility. It is time for a all know that NEWT GINGRICH has a sensible and responsible budget. It is doctorate in history but over the past the unusual authority, expanded au- thority to simultaneously monitor 1 time the Republicans did their work. few days he may have earned a doctor- f ate in revisionist history as well. out of 100 calls if you happen to live in The Speaker has tried to blame a high-crime area. b 1030 President Clinton for the Government Beam me up here, Madam Speaker. AMERICA IS TIRED OF PLAYING shutdown but he has been planning this We have let the IRS, ATF, and FBI get MAKE BELIEVE for months. in our kitchen. Now we are going to Just look at what he said in April put them in our bedroom, in our busi- (Mr. HEFLEY asked and was given and in September. nesses? permission to address the House for 1 In April: ‘‘The President will veto a What is going on here, Congress? Big minute and to revise and extend his re- number of things and we’ll then put brother is one thing. But this is start- marks.) them all on the debt ceiling and then ing to sound like the KGB. Mr. HEFLEY. Madam Speaker, first, he’ll decide how big a crisis he wants.’’ Do your job, Congress. The American Bill Clinton as a candidate said he In September: ‘‘I don’t care what the people want you to put these agencies would balance the budget in 5 years. price is. I don’t care if we have no exec- in their place. Then he got into office. He said it is utive offices and no bonds for 30 days, f not really important to balance the not at this time.’’ budget. Then he said maybe we can do ‘‘I don’t care.’’ That is what Speaker STOP THE MADNESS it in 10 years, then maybe we could do GINGRICH says. Well, the President does (Mr. WAMP asked and was given per- it in 7 years. Only his figures did not care. He cares about our seniors, he mission to address the House for 1 balance. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12205 So I guess now he is back to the The people of the 10th District of Geor- Federal budget. You do not have the point where balancing the budget is no gia have my word on it. luxury of the 10 years the President is longer important again. f asking for. You probably do not even Would not it be wonderful to be like have the luxury of 7 years.’’ Bill Clinton and wake up in a new DRIVE-BY DEBATE Let us balance the Federal budget world every day? When I was a kid, and (Mrs. SCHROEDER asked and was right away, just as the American fam- many of you will remember this, too, given permission to address the House ily has to do. by the way, today I will be the cowboy, for 1 minute and to revise and extend f you be the Indian; tomorrow I will be her remarks.) the Indian, you be the cowboy; maybe Mrs. SCHROEDER. Madam Speaker, PRESIDENT NEEDS OUR we will be policemen, maybe we will be one of the prior speakers said that I COOPERATION explorers. We called it playing make came to the floor yesterday and I was (Mr. RICHARDSON asked and was believe. very angry about how dysfunctional given permission to address the House Bill Clinton is still playing make be- this House has become, and I am. I am, for 1 minute and to revise and extend lieve. Maybe it is fun for him to wake angry the tenor of this debate. It is his remarks.) up in a new world every day and decide like drive-by debate. People stand up Mr. RICHARDSON. Madam Speaker, who he will be. But it is not fun for the on each side and go blah, blah, blah, just think how all of these gunfights at rest of America. and back and forth and back and forth. the OK Corral and gridlock play over- Decide, Bill Clinton, who are you? The American people have every right seas where America has enormous in- Liberal, conservative, whatever? Amer- to deserve more. terests. We are the laughingstock of ica is getting tired of playing make be- Let me tell Members what this is the world. lieve. about. This is not about whether or not How can a President of the United f we have a balanced budget. It is how States go to Osaka, Japan, to meet we have a balanced budget. with Asian leaders and talk about TAKE MEDICARE AND STUDENT The President says we will have a LOANS OFF THE TABLE trade and commerce when he gets no balanced budget by standing for the cooperation from his own Congress on (Mr. BROWN of Ohio asked and was American values of continuing edu- keeping the Government open? How given permission to address the House cation, environmental cleanup, helping can the President of the United States for 1 minute and to revise and extend our seniors. That is what it is. negotiate a peace agreement in Dayton his remarks.) They have to take money from them over Bosnia when his own Congress is Mr. BROWN of Ohio. Madam Speak- because they made pledges to special trying to undermine him even before er, for months Speaker GINGRICH has interests. But forget what I am saying, he concludes a peace treaty? threatened to shut down the Govern- because I just am engaging in the Mr. Speaker, let us end these games ment in order to score political points drive-by debate. Let us say that a pic- and get serious. We are all going to be and to give tax breaks to the wealthi- ture is worth a thousand words. losers if we do not resolve this crisis Here we have from the Cincinnati In- est people in this country. The Presi- soon. dent has vetoed these bills because he quirer, not exactly a liberal paper, the is unwilling to increase Medicare pre- Speaker taking food away from the f miums 25 percent and because he is un- children because there good friends LET US NEGOTIATE A BALANCED willing to cut student loans to middle- who want a tax cut have not had BUDGET class families. enough. It says, ‘‘I need your pie back. It is simply wrong to increase Medi- They are still hungry.’’ (Mr. TIAHRT asked and was given permission to address the House for 1 care premiums and to cut student f loans so that Speaker GINGRICH can be- minute and to revise and extend his re- stow huge tax breaks on the largest UNCLE SAM NEEDS A CREDIT marks.) corporations and the wealthiest people COUNSELOR Mr. TIAHRT. Madam Speaker, I am in this country. (Mr. EHLERS asked and was given proud to be a member of the reform- Let us take Medicare and student permission to address the House for 1 minded freshman class here in Con- loans off the table and work together minute and to revise and extend his re- gress. We came to change the way busi- in a bipartisan way to run the Govern- marks.) ness is done here in Washington, DC. ment the way that it should be. Mr. EHLERS. Madam Speaker, I ask We want to balance the budget. But it has been really frustrating. f you to imagine an American family, Mr. and Mrs. Doe, who have accumu- The House has agreed to balance the BORROWING FROM OUR lated a debt more than three times budget. The Senate has agreed to bal- CHILDREN’S FUTURE their annual income and who are ance the budget. But the President and (Mr. NORWOOD asked and was given spending each year 10 percent more the liberals in Congress are willing to permission to address the House for 1 than they receive as income. Within a say anything to keep us from balancing minute and to revise and extend his re- few years, their credit card companies the budget, even if it is not true. marks.) say, ‘‘We have to cancel your credit We have heard about cuts to edu- Mr. NORWOOD. As a nation, we are cards,’’ and their other creditors say, cation, but yet student loans are in- almost $5 trillion in debt. The share of ‘‘We want to be paid off.’’ Mr. and Mrs. creasing. We heard about cuts to Medi- the national debt held by the people of Doe go to see a credit counselor. They care, yet the average recipient is going the 10th District of Georgia is $11 bil- say, ‘‘We would like to work this out. to get $4,800 this year and $6,700 in 7 lion. The share of the national debt my We want to achieve a balanced house- years. We heard about cuts to nutrition 2-year-old grandson owes is 19 thousand hold budget, but we would like to have programs, and yet we are increasing dollars. I do not care whose fault it is; 10 years to do it, or at least 7 years. them 4 percent every year, a total of $1 this mindless borrowing from our chil- What do you think?’’ The credit coun- billion over the next 7 years. dren’s future must stop. selor is going to say, ‘‘That is absurd. The truth is the President and the Mr. Speaker, as the duly elected rep- You have to do it this year.’’ liberals in Congress do not want to bal- resentative of the people of the 10th Yet we as a nation have a national ance the budget, but the American peo- District of Georgia, I cannot and will debt over three times our annual in- ple do. Let us get real, Mr. President. not vote to increase the debt limit of come. Furthermore, Uncle Sam is Let us stay home from Japan and nego- the United States without a clear com- spending 10 percent more than his an- tiate a balanced budget. mitment to balance the budget in 7 nual income each year. What do you f years. I cannot and will not vote to think a credit counselor is going to say continue the spending of the U.S. Gov- to Uncle Sam? I think Uncle Sam needs STOP PLAYING THE BLAME GAME ernment without a clear commitment a credit counselor. The counselor is (Mr. LEWIS of Georgia asked and was to balance the budget in 7 years or less. going to say, ‘‘You have to balance the given permission to address the House H 12206 CONGRESSIONAL RECORD — HOUSE November 14, 1995 for 1 minute and to revise and extend the other side of the aisle are set; they Relations, Committee on National Se- his remarks.) are set in forcing the President and the curity, and Committee on Resources. Mr. LEWIS of Georgia. Madam minority Members of this body to ac- It is my understanding that the mi- Speaker, the day you have longed for is cept their ideology of how the Govern- nority has been consulted and that here. You have brought the U.S. Gov- ment should be run. there is no objection to these requests. ernment to a halt and the verge of de- This is not about balanced budgets. The SPEAKER pro tempore (Mrs. fault. I hope you are happy. We all agree we need a balanced budg- MYRICK). Is there objection to the re- And why has it come to this. Why are et, but not on the backs of those who quest of the gentleman from Kansas? our national parks closed, why can’t can least defend themselves, such as There was no objection. senior citizens or veterans apply for senior citizens and students. f Social Security or veteran benefits, I support the President and the Mem- why can not people get their passports? bers of this body who believe that we MESSAGE FROM THE PRESIDENT Because you have not done your work. cannot cut programs such as Medicare, A message in writing from the Presi- You have been so busy pursuing your student loans, and the Clean Air Act; dent of the United States was commu- extremist ideological agenda that you that we should not cut these programs nicated to the House by Mr. Tim Sand- have ignored the business of the people. only to fulfill a promise to the wealthy ers, one of his secretaries. And now you want to blame the Presi- in this country who make over $100,000. f dent. We are in a crisis. We call for leader- Well, the President is right and the ship, bipartisan leadership, leadership CORRECTIONS CALENDAR American people agree. The President where all parties come together for the The SPEAKER pro tempore. This is will not give in to your drastic propos- good of the American people. Now it is the day for the call of the Corrections als: Your extremist plans to cut Medi- time to act. Let us be responsible and Calendar. care, destroy our environment, defund pass the budget. Let us pass the resolu- The Clerk will call the first bill on education and give tax breaks to the tion without riders. Let us get about the Corrections Calendar. rich while raising taxes on working the people’s business. f families. f Stop playing the blame game, REPEALING AN UNNECESSARY Madam Speaker. Stop blackmailing PRESERVING AND PROTECTING MEDICARE MEDICAL DEVICE REPORTING the President. Show some leadership. REQUIREMENT Send the President a clean bill and he (Mr. GANSKE asked and was given will sign it, and let us get on with the permission to address the House for 1 The Clerk called the bill (H.R. 2366), business of governing. minute and to revise and extend his re- to repeal an unnecessary medical de- The American people are watching marks.) vice reporting requirement. and waiting. Mr. GANSKE. Madam Speaker, the The Clerk read the bill, as follows: f President is shutting down Govern- H.R. 2366 ment because he wants to decrease Be it enacted by the Senate and House of Rep- PUTTING OUR FINANCIAL HOUSE Medicare premiums. resentatives of the United States of America in IN ORDER Madam Speaker, does the President Congress assembled, (Mr. GUTKNECHT asked and was not read his own Medicare report? SECTION 1. REPEAL. given permission to address the House These are his own appointees who are Section 1862 of the Social Security Act (42 for 1 minute and to revise and extend telling him that Medicare is going U.S.C. 1395y) is amended by striking sub- his remarks.) bankrupt. Is there any American in section (h). Mr. GUTKNECHT. Madam Speaker, this country who pays health care pre- The SPEAKER pro tempore. Pursu- in the last several months we were miums that has not seen an increase in ant to the rule, the gentleman from warned repeatedly by the administra- premiums? Florida [Mr. BILIRAKIS] will be recog- tion that if the train wreck happened, Everyone has to contribute some- nized for 30 minutes, and the gen- financial markets would collapse. Well, thing to save this system: Doctors, tleman from Ohio [Mr. BROWN] will be let us look at the facts; Financial mar- hospitals and, yes, Madam Speaker, re- recognized for 30 minutes. kets hit a record high yesterday, and cipients, too. The Chair recognizes the gentleman they are up again this morning. This plan does not increase from Florida [Mr. BILIRAKIS]. Why? Because Americans are express- deductibles. It does not increase Mr. BILIRAKIS. Madam Speaker, I ing confidence in this Congress. We are copayments. But it only asks seniors yield myself such time as I may serious about controlling entitlements to maintain the current share of their consume. and putting our financial house in premium. Is that too much? (Mr. BILIRAKIS asked and was given order. Madam Speaker, most of the senior permission to revise and extend his re- It is unfortunate that we have been citizens that I talk to understand that marks.) forced to send 800,000 nonessential Fed- we must save the system, that they are Mr. BILIRAKIS. Madam Speaker, I eral employees home. But it would be a willing to contribute, and that by rise in strong support of H.R. 2366, leg- tragedy of historic proportions if we doing so we can preserve and protect islation to repeal the unnecessary reg- backed down now on our commitment the system for future Medicare recipi- ulatory burden of the cardiac pace- to balance this budget. ents. maker registry imposed by the Social f f Security Act. Section 1862(h) of the Social Security LET US GET ABOUT THE PEOPLE’S PERMISSION FOR SUNDRY COM- Act requires doctors and hospitals re- BUSINESS MITTEES AND THEIR SUB- ceiving Medicare funds to provide in- (Mr. FRAZER asked and was given COMMITTEES TO SIT TODAY formation to the Federal Government permission to address the House for 1 DURING 5-MINUTE RULE upon the implementation, removal, or minute and to revise and extend his re- Mr. TIAHRT. Madam Speaker, I ask replacement of pacemaker devices and marks.) unanimous consent that the following pacemaker leads. However, in 1990 the Mr. FRAZER. Madam Speaker, we committees and their subcommittees Congress amended the Federal Food, are elected to represent our constitu- be permitted to sit today while the Drug and Cosmetics Act to establish ents before this body. But in my dis- House is meeting in the Committee of comprehensive reporting requirements trict there is an expression we use. It is the Whole House under the 5-minute that make the registry requirement in called poppy show. It means unneces- rule. the Social Security Act duplicative sary rhetoric and deliberate foolish- Committee on Banking and Financial and unnecessary. Removal of this un- ness. Services, Committee on Commerce, necessary reporting requirement will Today the U.S. Government is about Committee on Government Reform and be welcomed by the health care com- to shut down because my colleagues on Oversight, Committee on International munity and by manufacturers as well November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12207 as by the Federal agencies charged tain a separate pacemaker registry. $450 billion over the next 7 years, the with complying with this requirement. Further, providers and manufacturers number of uninsured Americans will must report essentially the same infor- rise by 50 percent; 26 million more b 1045 mation to both HCFA and FDA, for two Americans will be uninsured. I want to emphasize that repeal of separate registries. Now, this is the finding of the Coun- the requirement will have no impact on This duplication of effort is not nec- cil on Economic Impact of Health Care the public health, because it is redun- essary either for budget reasons or for Reform, a nonpartisan group with dant of a newer and more comprehen- public safety. HCFA does not need the membership of leading Republican and sive requirement. separate registry to assist in recover- Democrat health care experts. There, Madam Speaker, I want to commend ing costs, and FDA maintains a master Madam Speaker, is an error that must my colleagues, the gentlewoman from registry of all implantable medical de- be corrected before it is enacted into Nevada [Mrs. VUCANOVICH], a Repub- vices, which can be used in cases where law. Where are the Republicans? Where lican, and the gentleman from Califor- there are health concerns about par- are you on corrections day to correct nia [Mr. WAXMAN], a Democrat, for rec- ticular products. your own heinous mistakes? ognizing the need for this legislation Both HCFA and FDA have suggested Now, a second item, according to and working for its quick consider- this repeal. I am pleased to support it, press reports, is that in your budget, ation. During these times it is nice to and urge my colleagues to do likewise. your Republican budget, you Repub- have a little bit of bipartisanship. Madam Speaker, I yield such time as licans are planning to extend the I also want to commend the Speaker he may consume to the gentleman health insurance deduction for self-em- for instituting the Corrections Cal- from California [Mr. STARK]. ployed to 50 percent. Now, is that not endar. I believe this bill is a perfect ex- Mr. STARK. Madam Speaker, I thank nice? But did you not also mean to in- ample of the type of legislation for the gentleman for yielding. I would say clude individual employees who buy which the new Corrections Calendar is at the very outset that the gentle- their own health insurance as well? intended. woman from Nevada [Mrs. VUCANO- It seems to be a significant oversight Madam Speaker, I reserve the bal- VICH], the gentleman from California that we would extend this tax subsidy ance of my time. [Mr. WAXMAN], and the gentleman from for health insurance to self-employed Mr. BROWN of Ohio. Madam Speak- Florida [Mr. BILIRAKIS], are to be con- lawyers, doctors, CPA’s, but not their er, I yield myself such time as I may gratulated, as well as the gentleman secretaries and nurses. Could it be that consume. from Ohio [Mr. BROWN], for a bill that the doctors and the lawyers are all rich Madam Speaker, this is the sort of fixes a problem that we should have at- Republicans, and the hard working sec- bill that is appropriate for a correc- tended to some time ago. retaries and nurses who allow them to tions day calendar. Madam Speaker, today is corrections function are Democrats, and you do It truly corrects a legislative over- day, part of a new dawning, part of a not care about low-income people? sight, and does nothing more or less. revolution here in this Chamber. And I So if you are giving away all this This bill was introduced by my col- do not disagree with any item that my money to rich self-employed, why not a league, Mr. WAXMAN, with Representa- Republican colleagues have brought to little worry about the average working tive VUCANOVICH, in response to con- the floor today. But, boy, do we need person in the small business who is de- cerns of both the administration and corrections. nied health insurance by their less the pacemaker industry about duplica- If one wants to talk about errors that than munificent boss, who is probably tive reporting requirements. need fixing, the Republicans have cre- a Republican, and why not extend this When section 1862(h) was added to the ated or are about to create errors that to the lower paid workers? Social Security Act about 10 years ago, boggle the mind; errors, I might sug- Now, that is not enough. We have got there was a need to identify and keep gest, that are going to destroy the corrections? Boy, have we got correc- track of defective pacemakers. In par- Medicare system and leave senior citi- tions. I understand that the Repub- ticular, there was a need to identify zens without any health care. licans agreed last night to leave the circumstances in which a defective So I would just like to talk about er- disabled out of the Medicaid plan. Now, pacemaker was surgically implanted in rors that the Republicans are ignoring is that not fine? What are you going to a patient, and then surgically removed, and errors that they are creating. This do for all the people who are disabled? with both procedures being paid for by is a whole game of errors. There are You are going to kick them out of the Medicare. not any hits or any runs. As a matter Medicaid plan. There is no guarantee One of the main reasons for this of fact, there are not any players on that all the disabled people who get early pacemaker registry was that the field. I do not notice a Republican Medicaid coverage today will be cov- there was no good way, in 1984, to track member of the Committee on Ways and ered under the Republican plan. defective implantable medical devices, Means on the floor, and they have ju- Now, that needs correction. That is and no viable way for HCFA to recover risdiction over some of this. They did heartless. That is cruel. What are you costs in those circumstances where a not even bother to come here today. going to do, break up their crutches defective product was used. At that Now, on corrections day, let us talk and give them to the rich for their fire- time, it made both fiscal and public about a major error in the making in places? health sense to require health care pro- the Republican plan for Medicare and Come on. Can you not find, when you viders to report information about Medicaid. Last month the Republican are cutting $450 billion out of a budget pacemakers and pacemaker leads, in- majority rammed through their Medi- to pay for tax cuts to the rich, can you cluding information about device de- care and Medicaid bills, and, despite re- not find enough to maintain or require fects and costs recovered from manu- peated calls from Democrats, only one that Governors under these block facturers. hearing was held. Today we understand grants keep disabled people in the Med- Since enactment of this provision, why they had to ram those plans icaid plan? HCFA has collected the required data through in the dead of night, with se- That is not enough. You want correc- and provided the information to FDA, cret meetings in the Speaker’s office tions? You want egregious errors? You which maintained the pacemaker reg- with major lobbyists from the Amer- want problems that the Republicans istry. ican Medical Association. The number are creating that have to be corrected? However, in 1990, Congress passed the of uninsured Americans will increase 50 Another item in the Medicare is the safe medical device amendments, percent, from 40 million to 66 million, copayment. Beneficiaries today pay up which included broad requirements for by the year 2002. to 53 percent in copayments when they medical device tracking and reporting. There is an error that the Repub- have an outpatient procedure. These These more comprehensive provisions licans ought to think about correcting are Medicare beneficiaries who are not superseded the requirements of section before they even get out of the gate. supposed to pay those kinds of 1862(h), but did not repeal those re- Let me say that once again. As a re- copayments. Why, a beneficiary could quirements. However, without repeal of sult of the Republican plans to slash pay, say, $3,000 out-of-pocket for an section 1862(h), FDA still must main- Medicare and Medicaid spending by outpatient procedure. How do you fix H 12208 CONGRESSIONAL RECORD — HOUSE November 14, 1995 it? You give the hospital back the Well, let me tell you, what you are and the Committee on Commerce has money, but you make the beneficiary doing allows 1 percent of finding Medi- gone the extra mile to see that the keep paying the $3,000. care fraud and reforming it. One per- process is successful. So much for your fixing Medicare. cent? Come on, a blind pig could find a The problem of the duplicate heart You are sticking it to the seniors and pearl rooting in the barnyard faster pacemaker registry was brought to my making them pay these outrageous than you all can find fraud the way you attention by the gentleman from Cali- charges. Should that not be corrected? are going about this. fornia [Mr. WAXMAN]. The gentleman Where are you? Where are these great So, Madam Speaker, as we talk about and I decided to cosponsor this legisla- correctors of the errors they are creat- corrections, a corrections day, how tion to eliminate the redundant report- ing? They are probably in the back about a corrections week, or a correc- ing requirement. I think this might room right now trying to give away tions month? And for the Republicans, just be the first bill ever cosponsored more money to the rich, to the doctors, I might suggest a corrections institu- by both the gentleman from California to the hospitals. tion, because you are destroying the [Mr. WAXMAN] and myself. Currently, a provision in the law re- institutions of this country that the Madam Speaker, the fact that the ferred to as COBRA was written in 1986. seniors have counted on, that the poor two of us can agree on the foolishness Forty-one million Americans are ex- and children have counted on, for over of this requirement shows how ridicu- tending their health care insurance 30 years. lous it really is, but more importantly, when they become disabled or laid off With one ill-thought-out bill, with it demonstrates the corrections day or have been divorced at no cost to the one ill-thought-out budget reconcili- has become a truly bipartisan process. Federal Government, not a penny to ation, you are destroying the health Our corrections day advisory group has the Federal Government. And today care of the seniors. You are taking been working together now for nearly 5 there are 3.5 million people abroad in away the support system for the dis- months with little acrimony and a real the land who are about to have their abled. You are cutting back on chil- spirit of cooperation. COBRA benefits expire. dren’s education and school lunches. I especially want to thank the gen- And, yo, Republicans voted not to ex- Surely, that needs correction. tleman from California [Mr. WAXMAN] tend that. In the Committee on Ways So if you are closing hospitals and for his cooperation on this bill and the and Means, every Republican voted not pumping up the fees that we pay to others we have passed and are working to extend COBRA benefits, at no cost doctors, how about dealing with some to pass in the coming weeks. I think it to the Federal Government. Here is a of the errors that you are creating and is important to point out that we as a correction that does not cost a penny that you are doing nothing to correct. group have been able to resolve some to anyone. All it takes is a little con- Yes, sir, this is a bill worth voting regulatory problems by simply propos- cern. All you got to do is care about for, but it is such a piddling splatter on ing to put matters on the corrections people who have lost their jobs and are the platter that needs correcting. calendar. This approach has been bipar- losing their health care insurance, and Would you please think about the peo- tisan and has resulted in regulatory re- you would not even let them pay for it ple you are harming, the disabled, the lief for thousands of small businesses. out of their own pocket. senior citizens, the 26 million you are Madam Speaker, I hope before the Talk about heartless, cruel, awful going to add to the uninsured, the chil- end of the year to give the House a people. The people who would turn dren who will be denied medical care, comprehensive review of the correc- their backs on the disabled, on the un- the crippled, halt and lame you are tions day process and the good we have employed, certainly do not deserve to kicking off the rolls? What are you been able to accomplish. While we are be in here saying they are going to cor- going to do to collect your Speaker’s tied up in the midst of major policy rect errors. They are creating errors bill that none of you have had any im- disagreements over the direction of the faster than we could correct them if we pact in? Federal budget, it is important for our met all week. There are the corrections that really constituents to know that real work is In other Medicare and Medicaid need correcting. There are the errors getting done. So much focus it put on plans, Republicans plan to turn nursing the Republicans are creating. There is what is not working, it is nice to see home regulations over to States. Now, humanity that is lacking. There is an that our system can work and does there is an error in the making that indifference to the problems of the peo- work every day. you want to look for. Why, you may ple in this world. That is what this in- not be aware that States do an awful stitution should be doing. Mr. BROWN of Ohio. Madam Speak- job monitoring the quality of nursing Mr. BILIRAKIS. Madam Speaker, I er, I yield myself such time as I may home care. As studies come to light yield such time as she may consume to consume. that find when States monitor nursing the gentlewoman from Nevada [Mrs. Madam Speaker, I am glad we are homes, they find about 5 percent of the VUCANOVICH] to get back to the point having this debate today. I think it is nursing homes are in violation. When here, and that is to the legislation to important certainly to pass this bill, as Federal regulators inspect these nurs- repeal the unnecessary regulatory bur- we talked about, because I think it is ing homes, they find almost 14 percent den of the cardiac pacemaker registry an unnecessary regulation, and that in violation. imposed by the Social Security Act. makes sense for every standpoint, from Should not we have decent nursing Mrs. VUCANOVICH. Madam Speaker, a government standpoint, from indus- home standards, so that we do not I thank the gentleman for yielding me try standpoint for Medicare, for con- handcuff poor, old people to their beds, time. sumers, for Medicare beneficiaries. I let them die of bed sores, so we do not Madam Speaker, it is a shame that am glad we are having this discussion give them tranquilizers to make vege- some Members of this body cannot put about Medicare and Medicaid because tables out of them? Where is your com- aside their disagreements, even when we have had so few chances, Madam passion? Why are you destroying Medi- we are trying to do something positive. Speaker, to talk about this legislation care and Medicaid nursing home regu- I do not think this is very constructive on the floor. We had 1 hour of general lations to the detriment of the seniors? and serves only further to enforce the debate on the reconciliation bill in the You want an error you are creating? cynicism of the voters. But I would Committee on Ways and Means of the You can fix it right now. first like to thank the gentleman from gentleman from California [Mr. Finally, in your Medicare reform Florida [Mr. BILIRAKIS] and the gen- STARK], and there was only 1 hour, plan you only catch 1 percent of the tleman from Virginia [Mr. BLILEY] and there was only one hearing on Medi- fraud estimated to take place cur- the Committee on Commerce for their care in that committee, is my under- rently. Now, surely you all want to be hard work to report this bill out of standing, and the committee I am on, tough on crime. I have heard that from committee so quickly. the other committee of jurisdiction on your side. You want to build jails. You Medicare and Medicaid, we had no do not want to have any welfare to pre- b 1100 hearings whatsoever on either of those vent people from going to jail, but you For corrections day to fulfill its man- issues. We simply marked the bill up, are sure going to build jails. date, we have to be able to act quickly, generally on party line votes where November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12209 every Republican in the committee al- cardiac pacemaker registry here. I do Mr. STARK. Madam Speaker, I rise most on every vote voted with what- not quite understand this. to a point of order. ever Speaker GINGRICH wanted. I have sat here very patiently. I The SPEAKER pro tempore. The gen- That was disturbing, but it gives us think I have had the opportunity, I tleman will state it. an opportunity today during this cor- know I have had the opportunity to in- Mr. STARK. Madam Speaker, in H.R. rections day to talk about a couple of terrupt previously. I have not done so, 2366 line 3, section 1, it says, repeal sec- issues that are particularly important. but I think the other side is taking ad- tion 1862 of the Social Security Act, One of them is the part B increase in vantage of the situation. and it is amended by striking sub- Medicare. People right now, Medicare The SPEAKER pro tempore. The gen- section (h). It is my understanding that beneficiaries in this country, are pay- tleman from Florida made the point of in amending a section of the Social Se- ing $46 a month for part B Medicare. order that the debate is not relevant. curity Act, the Member can strike the Under the Gingrich plan, this will be Does any other Member want to be last word and discuss anything under increased; we will see a 25-percent in- heard on the point of order? that Social Security Act, which would crease. That is why the President ve- Mr. STARK. Madam Speaker, I wish be 42 U.S.C. 1395, and if section 1862 of toed these two bills this week, the con- to be heard on the point of order. the Social Security Act covers all of tinuing resolution and the debt ceiling Madam Speaker, under the point of these topics, I would like the Speaker increase, because of increases in Medi- order could the Speaker define for us to suggest whether or not we may care premiums. what is the topic before us and wherein therefore discuss anything in section we may speak within the parameters POINTS OF ORDER 1862, which this bill seeks to repeal, or Mr. BILIRAKIS. Madam Speaker, I set by the distinguished Speaker? a subsection thereof. The SPEAKER pro tempore. The rise to a point of order. The SPEAKER pro tempore. Is the question under debate is the bill, H.R. The SPEAKER pro tempore (Mrs. gentleman asking a parliamentary in- 2366. MYRICK). The gentleman will state his quiry? Mr. STARK. And to what does that point of order. Mr. STARK. Yes. pertain, Madam Speaker? Mr. BILIRAKIS. Madam Speaker, I The SPEAKER pro tempore. Does the The SPEAKER pro tempore. The have sat here and listened to all of this gentleman from Ohio [Mr. BROWN] title of the bill is to repeal an unneces- and I have no problem with giving yield to him for that purpose? sary medical device reporting require- these gentlemen their time to speak on Mr. BROWN of Ohio. Madam Speak- ment. er, I yield to the gentleman from Cali- this particular subject, but I would like Mr. STARK. I see, and the area of ju- to get this bill out of here so that we fornia [Mr. STARK] for a parliamentary risdiction is what? inquiry. can go on to our business, and if they The SPEAKER pro tempore. The bill The SPEAKER pro tempore. As pre- want to talk in some way, they can go was referred to the Committees on viously stated, the proper debate is on ahead and do so. But it is a point of Commerce and Ways and Means. the subject matter of the bill, H.R. order. Mr. STARK. And the bill pertains to 2366, and the Chair will repeat, to re- This harangue that we have had from Medicare and Medicaid and health care peal an unnecessary medical device re- the other side is certainly not germane in general; doe it not? to what we are talking about here, and The SPEAKER pro tempore. The sub- porting requirement. I think it violates the rules of the ject under debate is the bill. Mr. BILIRAKIS. Madam Speaker, House. Mr. STARK. Madam Speaker, I would may I inquire at this time as to how The SPEAKER pro tempore. The just ask for clarification. much time remains on each side? point is sustained. Debate will be con- The SPEAKER pro tempore. The The SPEAKER pro tempore. The gen- fined to the bill under consideration, clarification is, this is a bill to repeal tleman from Florida [Mr. BILIRAKIS] H.R. 2366. an unnecessary medical device report- has 26 minutes remaining, and the gen- Mr. BROWN of Ohio. Madam Speak- ing requirement. tleman from Ohio [Mr. BROWN] has 11 er, we are talking about Medicare, we The point of order is well taken. The minutes remaining. are talking about that section. I ran gentleman from Ohio [Mr. BROWN] Mr. BROWN of Ohio. Madam Speak- for Congress understanding that on the should confine his debate to H.R. 2366. er, was all of this debate when the gen- floor of the House you could talk about Mr. BROWN of Ohio. Madam Speak- tleman from Florida [Mr. BILIRAKIS] issues that affected people’s lives and er, when you talk about these pace- raised his point of order, was that all issues that affected the particular leg- maker devices, you are talking about subtracted from our time? islation you are working on. Medicare. You are talking about how The SPEAKER pro tempore. No, it On this side of the aisle I control my you pay for these pacemaker devices, was not. 30 minutes. My friend from Florida can how Medicare pays. If Medicare pre- Mr. BROWN of Ohio. Madam Speak- talk about what he wants in his 30 min- miums are increased, does that mean er, I yield 2 minutes to the gentleman utes. that if the Gingrich plan wants to go from Kentucky [Mr. WARD]. The SPEAKER pro tempore. Under over 25 percent double over the next 7 Mr. WARD. Madam Speaker, I would the rules, the debate must pertain to years, does that mean that people will ask the gentleman from Florida [Mr. the question under debate specifically. not be able to afford these pacemakers? BILIRAKIS], because of the crisis that The gentleman may proceed on that I think it is a discussion, frankly, in we are facing right this minute in the basis. spite of your misreading of the rules, I Government. Those who are watching Mr. BROWN of Ohio. I will do that, think it is a discussion that people in these debates understand that we are Madam Speaker, and I will continue to this country want to have, what they at this point acting without, we are talk about how we correct Medicare, are going to pay for Medicare, what is moving forward in the U.S. Govern- because part of this corrections day going to be covered by Medicare, what ment without, a budget. I would ask calendar is to correct one section of regulations surround Medicare and the gentleman, would it not be reason- Medicare, and I think that the way to Medicaid or whether it is the cost of able to ask the gentleman from Florida correct Medicare certainly is to pass premiums. not to raise a point of order, and if the this bill, and we will have a total of 1 That is a discussion that people in gentleman from Florida did not raise a hour of debate to do that. But as we this country want to have, Madam point of order, could we not then dis- move on, the real way to correct Medi- Speaker, and it is a discussion that we cuss these serious issues relating to care is not to destroy it by increasing have been denied in committee and it Medicare? people’s premiums 25 percent and by is a discussion that we ought to have. Mr. BILIRAKIS. Madam Speaker, making $270 billion in cuts in order to Mr. STARK. Madam Speaker, may I will the gentleman yield? give major tax breaks to the wealthiest be heard on the point of order? Mr. WARD. I yield to the gentleman people in this country. The SPEAKER pro tempore. Mem- from Florida. Mr. BILIRAKIS. Madam Speaker, bers will suspend. Mr. BILIRAKIS. Madam Speaker, the with all due respect to my colleague There is no point of order pending at gentleman from Florida sat here very from Ohio, we are talking about the this time. patiently and respectfully while the H 12210 CONGRESSIONAL RECORD — HOUSE November 14, 1995 gentleman from California went on for Medicare withering on the vine, it also withering on the vine. That is what something like 15 minutes in spite of includes H.R. 2366, a part of the Medi- concerns me, Madam Speaker, that the fact that I felt he was out of order care bill. H.R. 2366 includes section this entire bill, whether it is section at that point in time. We have special 1862, because the Speaker said, ‘‘We 1862—— orders here, we have many ways in don’t want to get rid of Medicare,’’ and POINT OF ORDER order to get this done. also section 1862, ‘‘We don’t want to get Mr. EHRLICH. Point of order, We have a very simple corrections rid of it in round one because we don’t Madam Speaker. bill here that everyone has agreed to think that is politically smart, and we The SPEAKER pro tempore. The gen- go forward, and I think we should just don’t think that is the right way to go tleman will state his point of order. go forward with this and have regular through a transition.’’ Mr. EHRLICH. Call for regular order. order. Nongermane debate again, Madam b 1115 Mr. WARD. Madam Speaker, reclaim- Speaker. ing my time, I appreciate that the gen- Again the Speaker is talking about Mr. BROWN of Ohio. Madam Speak- tleman from Florida [Mr. BILIRAKIS] this section, 1862, talking about the So- er, I have mentioned section 1862 in al- did allow this debate without a point of cial Security Act, talking about Medi- most every sentence of my discussion order, and I guess what I am asking is, care. here. would it not be fair to continue to The Speaker says, ‘‘We don’t want to Mr. EHRLICH. Madam Speaker, the allow that since we in the minority are get rid of Medicare in round one be- gentleman just quoted the Speaker not being allowed to continue? cause that’s not politically smart. We with respect to the issue of Medicare Mr. BILIRAKIS. Madam Speaker, if don’t think that’s the right way to go generally. I believe that directly vio- the gentleman would yield further, I through a transition. But we believe lates the Chair’s ruling. did not make the rules of the House. I that Medicare is going to wither on the Mr. BROWN of Ohio. Madam Speak- would suggest to you that your party, vine,’’ again talking about section 1862 er, it is not my fault that the Speaker when you controlled this House for 40 and talking about the Social Security was speaking to a bunch of insurance years, made these rules of the House in Act, talking about Medicare. That is agents who are going to benefit by the terms of germaneness and sticking to very debatable on this floor because passage of this bill and that he said the point. that is a serious attempt to dismantle that he wants Medicare to wither on Mr. BROWN of Ohio. Madam Speak- Medicare, Madam Speaker. the vine. I did not write his speech, er, reclaiming my time, the fact is that POINT OF ORDER Madam Speaker. this order was made by the Chair be- Mr. EHRLICH. Regular order, Madam The SPEAKER pro tempore. The cause a Member asked for this, because Speaker. Chair is entertaining the argument on it is pretty clear that some people in The SPEAKER pro tempore (Mrs. the point of order, sir. Has the gen- tleman completed? this House do not want to debate Medi- MYRICK). The gentleman will suspend. Mr. BROWN of Ohio. The ruling has care on this House floor, did not want Does the gentleman from Florida been made in support of our position to debate Medicare and have hearings have a point of order? again, Madam Speaker? in the Committee on Commerce, did Mr. BILIRAKIS. Madam Speaker, I have the continuing point of order. But Mr. EHRLICH. The point of order has not want to debate Medicaid and Medi- not been ruled upon, is my understand- care in the Committee on Ways and the point of order has already been ruled upon and is being violated by the ing. Means. The SPEAKER pro tempore. The Members on the other side of the aisle. We have wasted 15 minutes talking Chair is prepared to rule. about nothing when we have a Speaker This is ridiculous. Let us stay on point Quotations of the Speaker are not of the House who said, ‘‘We don’t want for crying out loud. out of order, per se, but a nexus needs The SPEAKER pro tempore. Will the to get rid of Medicare in round one be- to be maintained to the subject of the gentleman please restate his point of cause we don’t think that is politically bill. smart. We don’t think that is the right order. Mr. BROWN of Ohio. I thank the way to go through a transition.’’ Mr. BILIRAKIS. My point of order is Speaker. Mr. BILIRAKIS. Regular order, to the effect that the debate over there I will make the nexus again that the Madam Speaker. Enough is enough. has nothing at all to do with the legis- Speaker, speaking to an insurance ex- The SPEAKER pro tempore. The gen- lation before us, which is to repeal the ecutive group in, I do not know, per- tleman will suspend. All Members will unnecessary regulatory burden of the haps in Washington, in October, talk- suspend. cardiac pacemaker registry imposed by ing about section 1862 and Medicare as Does the gentleman from Florida the Social Security Act, period. It is a whole, said, ‘‘We don’t want to get state a point of order? limited to that particular point, that rid of Medicare’’—— Mr. BILIRAKIS. Madam Speaker, I subsection. POINT OF ORDER ask for regular order at this point in The SPEAKER pro tempore. The Mr. EHRLICH. Point of order, time. The point of order I believe has Chair finds that the most recent debate Madam Speaker. already been made, Madam Speaker. maintains the proper nexus to the bill. The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The The gentleman may proceed. tleman will state his point of order. Chair will take this opportunity to Mr. BROWN of Ohio. Madam Speak- Mr. EHRLICH. Medicare as a whole is read from clause 1 of rule XIV of the er, it concerns me when we talk about not the proper subject of this debate in Rules of the House of Representatives. section 1862 and we talk about this bill. the rulings that the Chair has made in Again I applaud the gentlewoman from When any member desires to speak or de- the last 10 minutes. liver any matter to the House, he shall rise Nevada [Mrs. VUCANOVICH], the gen- Mr. BROWN of Ohio. Madam Speak- and respectfully address himself to ‘‘Mr. tleman from Florida [Mr. BILIRAKIS], er, what is the other party afraid of Speaker,’’ and, on being recognized, may ad- and the Committee on Commerce when I quote the Speaker? I do not un- dress the House from any place on the floor chaired by the gentleman from Vir- derstand. Maybe I am missing some- or from the Clerk’s desk, and shall confine ginia [Mr. BLILEY] in their support of thing, Madam Speaker, if you could himself to the question under debate. this legislation. clarify your ruling. With that guidance, the gentleman I would hope that when we talk about The SPEAKER pro tempore. The gen- from Ohio [Mr. BROWN] may proceed. Medicare and talk about section 1862 tleman will suspend. Will Members Mr. BROWN of Ohio. Madam Speak- that we do look at the entire Medicare please allow complete sentences to be er, H.R. 2366, which we on this side of package. That is, are we going to save made in the point of debate before in- the aisle support, is about Medicare, Medicare? Are we going to follow the terrupting? and it is about repealing a part of Med- words of the Speaker of the House who The Chair cannot judge an incom- icare. That is within the entire struc- says that it is politically not smart plete sentence. The gentleman from ture of the Medicare bill. now to get rid of Medicare, that is why Ohio may proceed. When I hear the Speaker of the House we need the Gingrich plan now, so that Mr. BROWN of Ohio. I thank the on October 24 make a statement about we can begin the process of Medicare Speaker. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12211 Madam Speaker, a month ago, Ways and Means, consider H.R. 2366 and rise in support of this legislation and Speaker GINGRICH speaking about Med- the continuing resolution. strictly speak on this legislation. icare to a group of insurance execu- Madam Speaker, we also have a con- I would like to point out that the bill tives, most of whom will benefit might- tinuing resolution passed by the Ways was reported out of the Committee on ily from the Gingrich Medicare $270 bil- and Means Committee that would in- Commerce on a bipartisan basis. My lion in cuts to give tax breaks for the crease Medicare premiums from $46.10 good friend, the gentleman from Cali- wealthy, said to this group, ‘‘Now, we to $53.50 a month, which is the same fornia [Mr. WAXMAN], and the gentle- didn’t get rid of Medicare in round 1 be- committee from which this bill came. woman from Nevada [Mrs. VUCANOVICH] cause we don’t think that’s politically That is why I think there is some are the chief sponsors of the bill. The smart, and we don’t think that’s the concern. That is why I am glad that purpose of the bill is to repeal the right way to go through a transition. the gentleman from Ohio has brought cardiax pacemaker registry established But we believe that Medicare,’’ par- up the comparison between what we in 1984 by the Social Security Act. I enthetically I would add, Madam are doing here today on the shutdown would like to read the background on Speaker, section 1862 which we are de- of the Federal Government and the this legislation. It is only two para- bating today and is part of Medicare, concern about the increase in Medicare graphs, and I think it may be of some ‘‘but we believe,’’ Speaker GINGRICH premiums with H.R. 2366 that came out value to our colleagues. went on to say, ‘‘that Medicare is going of the same committee. It says that section 1862(h) of the So- I think there is a comparison be- to wither on the vine.’’ cial Security Act requires doctors and tween the two, because H.R. 2366 deals That is my concern, Madam Speaker, hospitals receiving Medicare funds to that we need to discuss this bill on the with a problem that was solved on a bi- partisan basis and actually when it is provide information upon implementa- floor because 1862 is part of this bill, tion, removal, or replacement of pace- and I do not quite understand why peo- passed, it will be. But the continuing resolution that was passed here was maker devices and pacemaker leaders. ple in this body are so afraid of quoting These requirements became redundant the Speaker of the House. not passed on a bipartisan basis, even though it came out of the same com- in 1990 with the enactment of amend- Mr. EHRLICH. Regular order, Madam ments to the Federal Food, Drug, and Speaker. I believe that was 15 complete mittee. I think H.R. 2366 is a great example Cosmetic Act that established a more sentences. If the purpose of the gen- of recognizing a problem with the So- comprehensive system for reporting on tleman is to appeal the ruling of the cial Security Act and Medicare and the medical devices. This legislation is Chair, I would ask the gentleman to do medical device reporting requirement, needed to eliminate the unnecessary so. If the purpose of the gentleman is and slowing it. Yet again today, be- burden on the health care system, the simply to disregard the orders of the cause of the veto yesterday of the con- Health Care Financing Administration, Chair, the gentleman should so state. tinuing resolution and recently of the and the Food and Drug Administration. Mr. BROWN of Ohio. I say to my debt ceiling, we have not seen any of On October 12, 1995, the Speaker’s advi- friend from Maryland, the Speaker the bipartisanship that we should have sory group on corerctions, a bipartisan asked me—— on H.R. 2366. task force, recommended to the Speak- Mr. EHRLICH. I will suspend, Madam It was not stated by just myself on er that H.R. 2366 be placed on the Speaker. It is my understanding now the floor but by the President himself, House Corrections Calendar, which it is you are deciding on the motion. that if we go back to the actual $46.10 being done today, and which I would The SPEAKER pro tempore. The a month on a bipartisan basis like we assume in the next 5 minutes or so that Chair rules that a subject matter nexus have done on H.R. 2366, we might not we are going to pass this, probably by must be maintained in the debate, be- see having the Federal Government a voice vote, perhaps by a rollcall vote. tween the debate and the bill under dis- shut down today and not having lots of This is an example of where we can cussion, and the Chair has ruled such. Federal employees furloughed. work together in a bipartisan fashion Mr. BROWN of Ohio. And I had the I would hope that the Committee on to eliminate some of the unnecessary nexus, Madam Speaker? Ways and Means that sent us H.R. 2366 Federal rules and regulations that have The SPEAKER pro tempore. The would also consider working on other grown like barnacles in the Federal most recent debate has maintained even more important legislation, al- Code over the last 20 to 30 years. that nexus. though I think the medical device re- I support the leadership of the gen- Mr. BROWN of Ohio. I thank the porting is important, particularly if tleman from Florida [Mr. BILIRAKIS], Speaker. So I can talk about section you are dealing with pacemakers and the chairman, and his effort on this 1862 and Medicare? folks that need it. But senior citizens and hope that we would focus on the The SPEAKER pro tempore. As long also need to be able to afford that Med- issue at hand, this piece of legislation, as the gentleman maintains that sub- icare monthly premium. Going from and pass it forthwith. ject matter nexus. $46.10 to $53.50 is just something that Mr. BROWN of Ohio. Madam Speak- Mr. BILIRAKIS. Madam Speaker, I they cannot afford and frankly I ap- guess unfortunately I misspoke in my er, I yield such time as he may plaud the President for vetoing that ef- consume to the gentleman from Texas opening remarks when I talked about fort. Again hopefully it will come back the bipartisan nature of what we were [Mr. GENE GREEN] to continue to make to us and the Committee on Ways and doing here this morning, regarding this the nexus on 1862 and the Speaker Means and the Committee on Com- wanting Medicare to wither on the piece of legislation. That is very unfor- merce can work together so we can tunate. vine. have bipartisan resolution to this. Mr. GENE GREEN of Texas. Madam Madam Speaker, I reserve the bal- Mr. BROWN of Ohio. Madam Speak- ance of my time. Speaker, I thank my colleague from er, again I am pleased to support repeal Mr. BROWN of Ohio. Madam Speak- Ohio for allowing a gentleman from of 1862(h) but oppose the Medicare er, I yield myself the balance of my Texas to make the nexus with this bill. withering on the vine as the Speaker time. Let me talk a little bit about H.R. has reminded us that his plan does. 2366. I know he has been comparing and Madam Speaker, I reserve the bal- Madam Speaker, this is a bipartisan contrasting this bill with the Speaker’s ance of my time. bill. We want to see it passed. comments in an earlier speech but let Mr. BILIRAKIS. Madam Speaker, I The gentleman from California, Mr. me talk about the continuing budget yield such time as he may consume to STARK, the gentleman from Texas, Mr. resolution that concerns all of us and the gentleman from Texas [Mr. BAR- GENE GREEN, and the gentleman from to contrast the CR with this bill we are TON]. Kentucky, Mr. WARD, that have spoken debating today, H.R. 2366. Mr. BARTON of Texas. I thank the on this side of the aisle, all of us that I am glad we have this opportunity gentleman from Florida, the chairman are on the Commerce or Ways and to discuss the Speaker’s comments and of the Subcommittee on Health and Means committees that supported this H.R. 2366, because there is a compari- Environment, for yielding me the time. bill want to see it passed. son between the two. First, we had the Madam Speaker, unlike some of my We simply wanted, and I guess it was same committee, the Committee on Democratic colleagues, I am going to just too touchy an issue in this body, H 12212 CONGRESSIONAL RECORD — HOUSE November 14, 1995 we wanted to debate perhaps the great- FEDERAL REPORTS ELIMINATION Subtitle F—Federal Deposit Insurance est Government program ever, Medi- AND SUNSET ACT OF 1995 Corporation care, that has been with us for 30 years, The Clerk called the Senate bill (S. Sec. 2061. Reports eliminated. that where 50 percent of the people in 790) to provide for the modification or Subtitle G—Federal Emergency Management Agency this country were not covered, did not elimination of Federal reporting re- have any health insurance, 50 percent quirements. Sec. 2071. Reports eliminated. of the elderly in 1965, today only 1 or 2 The Clerk read the bill, as follows: Subtitle H—Federal Retirement Thrift percent of the elderly do not have cov- Investment Board S. 790 erage because of Medicare. Sec. 2081. Reports eliminated. Yet this Gingrich plan will increase Be it enacted by the Senate and House of Rep- resentatives of the United States of America in Subtitle I—General Services Administration people that are uninsured by as much Congress assembled, Sec. 2091. Reports eliminated. as 50 percent according to nonpartisan SECTION 1. SHORT TITLE. Subtitle J—Interstate Commerce experts. This Act may be cited as the ‘‘Federal Re- Commission More to the point on section 1862, by ports Elimination and Sunset Act of 1995’’. Sec. 2101. Reports eliminated. striking subsection (h) which is what SEC. 2. TABLE OF CONTENTS. Subtitle K—Legal Services Corporation we should do, repealing that but not re- The table of contents for this Act is as fol- Sec. 2111. Reports modified. pealing and allowing Medicare to with- lows: Subtitle L—National Aeronautics and Space er on the vine, the poorest elderly are Sec. 1. Short title. Administration going to have a $700 out-of-pocket ex- Sec. 2. Table of contents. Sec. 2121. Reports eliminated. pense to pay for these pacemakers be- TITLE I—DEPARTMENTS Subtitle M—National Council on Disability cause of the Medicaid reforms on some- Subtitle A—Department of Agriculture thing called QMB that the Gingrich Sec. 2131. Reports eliminated. Sec. 1011. Reports eliminated. Subtitle N—National Science Foundation plan has allowed. Sec. 1012. Reports modified. Sec. 2141. Reports eliminated. Madam Speaker, I support this bill, I Subtitle B—Department of Commerce do not want to see Medicare wither on Subtitle O—National Transportation Safety Sec. 1021. Reports eliminated. Board the vine. I hope that down the road we Sec. 1022. Reports modified. can have a real Medicare debate where Sec. 2151. Reports modified. Subtitle C—Department of Defense people are not interrupting one an- Subtitle P—Neighborhood Reinvestment other to say that it is not germane be- Sec. 1031. Reports eliminated. Corporation cause the American people deserve Subtitle D—Department of Education Sec. 2161. Reports eliminated. that. Sec. 1041. Reports eliminated. Subtitle Q—Nuclear Regulatory Commission Sec. 1042. Reports modified. Madam Speaker, I support H.R. 2366. Sec. 2171. Reports modified. Subtitle E—Department of Energy Madam Speaker, I yield back the bal- Subtitle R—Office of Personnel Management Sec. 1051. Reports eliminated. ance of my time. Sec. 2181. Reports eliminated. Sec. 1052. Reports modified. Mr. BILIRAKIS. Madam Speaker, I Sec. 2182. Reports modified. yield myself such time as I may Subtitle F—Department of Health and Subtitle S—Office of Thrift Supervision consume. Human Services Sec. 2191. Reports modified. Possibly, present company excepted, Sec. 1061. Reports eliminated. I do not know, I would suggest that Sec. 1062. Reports modified. Subtitle T—Panama Canal Commission most of the Members on the other side Subtitle G—Department of Housing and Sec. 2201. Reports eliminated. of the aisle have been involved in Medi- Urban Development Subtitle U—Postal Service care debates over the years, particu- Sec. 1071. Reports eliminated. Sec. 2211. Reports modified. larly during election time. They are Sec. 1072. Reports modified. Subtitle V—Railroad Retirement Board very adept at it, and this morning Subtitle H—Department of the Interior Sec. 2221. Reports modified. proves that, I think, more than any- Sec. 1081. Reports eliminated. Subtitle W—Thrift Depositor Protection thing else. Sec. 1082. Reports modified. Oversight Board Madam Speaker, I yield back the bal- Subtitle I—Department of Justice Sec. 2231. Reports modified. ance of my time. Sec. 1091. Reports eliminated. Subtitle X—United States Information b 1130 Subtitle J—Department of Labor Agency Sec. 2241. Reports eliminated. The SPEAKER pro tempore (Mrs. Sec. 1101. Reports eliminated. Sec. 1102. Reports modified. TITLE III—REPORTS BY ALL MYRICK). Pursuant to the rule, the pre- DEPARTMENTS AND AGENCIES vious question is ordered. Subtitle K—Department of State Sec. 1111. Reports eliminated. Sec. 3001. Reports eliminated. The question is on the engrossment Sec. 3002. Reports modified. and third reading of the bill. Subtitle L—Department of Transportation Sec. 3003. Termination of reporting require- The bill was ordered to be engrossed Sec. 1121. Reports eliminated. ments. and read a third time, and was read a Sec. 1122. Reports modified. TITLE I—DEPARTMENTS third time. Subtitle M—Department of the Treasury Subtitle A—Department of Agriculture The SPEAKER pro tempore. The Sec. 1131. Reports eliminated. SEC. 1011. REPORTS ELIMINATED. question is on the passage of the bill. Sec. 1132. Reports modified. (a) REPORT ON MONITORING AND EVALUA- The question was taken; and (three- Subtitle N—Department of Veterans Affairs TION.—Section 1246 of the Food Security Act fifths having voted in favor thereof) Sec. 1141. Reports eliminated. of 1985 (16 U.S.C. 3846) is repealed. the bill was passed. (b) REPORT ON RETURN ON ASSETS.—Section TITLE II—INDEPENDENT AGENCIES The motion to reconsider was laid on 2512 of the Food, Agriculture, Conservation, the table. Subtitle A—Action and Trade Act of 1990 (7 U.S.C. 1421b) is Sec. 2011. Reports eliminated. amended— f Subtitle B—Environmental Protection (1) in subsection (a), by striking ‘‘(a) IM- GENERAL LEAVE Agency PROVING’’ and all that follows through ‘‘FORECASTS.—’’; and Sec. 2021. Reports eliminated. Mr. BILIRAKIS. Madam Speaker, I (2) by striking subsection (b). ask unanimous consent that all Mem- Subtitle C—Equal Employment Opportunity (c) REPORT ON FARM VALUE OF AGRICUL- bers may have 5 legislative days in Commission TURAL PRODUCTS.—Section 2513 of the Food, which to revise and extend their re- Sec. 2031. Reports modified. Agriculture, Conservation, and Trade Act of marks and include extraneous material Subtitle D—Federal Aviation 1990 (7 U.S.C. 1421c) is repealed. (d) REPORT ON ORIGIN OF EXPORTS OF PEA- on H.R. 2366. Administration NUTS.—Section 1558 of the Food, Agriculture, Sec. 2041. Reports eliminated. The SPEAKER pro tempore. Is there Conservation, and Trade Act of 1990 (7 U.S.C. objection to the request of the gen- Subtitle E—Federal Communications 958) is repealed and sections 1559 and 1560 of tleman from Florida? Commission such Act are redesignated as sections 1558 There was no objection. Sec. 2051. Reports eliminated. and 1559, respectively. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12213

(e) REPORT ON REPORTING OF IMPORTING (u) REPORT ON APPRAISAL OF PROPOSED of the National Agricultural Research, Ex- FEES.—Section 407 of the Agricultural Trade BUDGET FOR FOOD AND AGRICULTURAL tension, and Teaching Policy Act of 1977 (7 Development and Assistance Act of 1954 (7 SCIENCES.—Section 1408(g) of the National U.S.C. 3122(f)(1)) is amended— U.S.C. 1736a) is amended— Agricultural Research, Extension, and (1) in the paragraph heading, by striking (1) by striking subsection (b); and Teaching Policy Act of 1977 (7 U.S.C. 3123(g)) ‘‘ANNUAL REPORT’’ and inserting ‘‘REPORT’’; (2) by redesignating subsections (c) is amended— and through (h) as subsections (b) through (g), (1) by striking paragraph (2); and (2) by striking ‘‘Not later than June 30 of respectively. (2) by redesignating paragraph (3) as para- each year’’ and inserting ‘‘At such times as (f) REPORT ON AGRICULTURAL INFORMATION graph (2). the Joint Council determines appropriate’’. EXCHANGE WITH IRELAND.—Section 1420 of (v) REPORT ON ECONOMIC IMPACT OF ANIMAL (f) 5-YEAR PLAN FOR FOOD AND AGRICUL- the Food Security Act of 1985 (Public Law DAMAGE ON AQUACULTURE INDUSTRY.—Sec- TURAL SCIENCES.—Section 1407(f)(2) of the 99–198; 99 Stat. 1551) is amended— tion 1475(e) of the National Agricultural Re- National Agricultural Research, Extension, (1) in subsection (a), by striking ‘‘(a)’’; and search, Extension, and Teaching Policy Act and Teaching Policy Act of 1977 (7 U.S.C. (2) by striking subsection (b). of 1977 (7 U.S.C. 3322(e)) is amended— 3122(f)(2)) is amended by striking the second (g) REPORT ON POTATO INSPECTION.—Sec- (1) in paragraph (1), by striking ‘‘(1)’’; and sentence. tion 1704 of the Food Security Act of 1985 (2) by striking paragraph (2). (g) REPORT ON EXAMINATION OF FEDERALLY (Public Law 99–198; 7 U.S.C. 499n note) is (w) REPORT ON AWARDS MADE BY THE NA- SUPPORTED AGRICULTURAL RESEARCH AND EX- amended by striking the second sentence. TIONAL RESEARCH INITIATIVE AND SPECIAL TENSION PROGRAMS.—Section 1408(g)(1) of the (h) REPORT ON TRANSPORTATION OF FER- GRANTS.—Section 2 of the Act of August 4, National Agricultural Research, Extension, TILIZER AND AGRICULTURAL CHEMICALS.—Sec- 1965 (7 U.S.C. 450i), is amended— and Teaching Policy Act of 1977 (7 U.S.C. tion 2517 of the Food, Agriculture, Conserva- (1) by striking subsection (l); and 3123(g)(1)) is amended by inserting ‘‘may pro- tion, and Trade Act of 1990 (Public Law 101– (2) by redesignating subsection (m) as sub- vide’’ before ‘‘a written report’’. 624; 104 Stat. 4077) is repealed and sections section (l). (h) REPORT ON EFFECTS OF FOREIGN OWNER- 2518 and 2519 of such Act are redesignated as SHIP OF AGRICULTURAL LAND.—Section 5(b) of (x) REPORT ON PAYMENTS MADE UNDER RE- sections 2517 and 2518, respectively. the Agricultural Foreign Investment Disclo- SEARCH FACILITIES ACT.—Section 8 of the Re- (i) REPORT ON UNIFORM END-USE VALUE sure Act of 1978 (7 U.S.C. 3504(b)) is amended TESTS.—Section 307 of the Futures Trading search Facilities Act (7 U.S.C. 390i) is re- pealed. to read as follows: Act of 1986 (Public Law 99–641; 7 U.S.C. 76 ‘‘(b) An analysis and determination shall (y) REPORT ON FINANCIAL AUDIT REVIEWS OF note) is amended by striking subsection (c). be made, and a report on the Secretary’s STATES WITH HIGH FOOD STAMP PARTICIPA- (j) REPORT ON PROJECT AREAS WITH HIGH findings and conclusions regarding such TION.—The first sentence of section 11(l) of FOOD STAMP PAYMENT ERROR RATES.—Sec- analysis and determination under subsection the Food Stamp Act of 1977 (7 U.S.C. 2020(l)) tion 16(i) of the Food Stamp Act of 1977 (7 (a) shall be transmitted within 90 days after is amended by striking ‘‘, and shall, upon U.S.C. 2025(i)) is amended by striking para- the end of each of the following periods: completion of the audit, provide a report to graph (3). ‘‘(1) The period beginning on the date of Congress of its findings and recommenda- (k) REPORT ON EFFECT OF EFAP DISPLACE- the enactment of the Federal Reports Elimi- tions within one hundred and eighty days’’. MENT ON COMMERCIAL SALES.—Section nation and Sunset Act of 1995 and ending on (z) REPORT ON RURAL TELEPHONE BANK.— 203C(a) of the Emergency Food Assistance December 31, 1995. Section 408(b)(3) of the Rural Electrification Act of 1983 (7 U.S.C. 612c note) is amended by ‘‘(2) Each 10-year period thereafter.’’. striking the last sentence. Act of 1936 (7 U.S.C. 948(b)(3)) is amended by (l) REPORT ON WIC EXPENDITURES AND PAR- striking out subparagraph (I) and redesignat- Subtitle B—Department of Commerce TICIPATION LEVELS.—Section 17(m) of the ing subparagraph (J) as subparagraph (I). SEC. 1021. REPORTS ELIMINATED. Child Nutrition Act of 1966 (42 U.S.C. 1786(m)) SEC. 1012. REPORTS MODIFIED. (a) REPORT ON VOTING REGISTRATION.—Sec- tion 207 of the Voting Rights Act of 1965 (42 is amended— (a) REPORT ON ANIMAL WELFARE ENFORCE- U.S.C. 1973aa–5) is repealed. (1) by striking paragraphs (8) and (9); and MENT.—The first sentence of section 25 of the (b) REPORT ON ESTIMATE OF SPECIAL AGRI- (2) by redesignating paragraphs (10) and Animal Welfare Act (7 U.S.C. 2155) is amend- CULTURAL WORKERS.—Section 210A(b)(3) of (11) as paragraphs (8) and (9), respectively. ed— the Immigration and Nationality Act (8 (m) REPORT ON WIC MIGRANT SERVICES.— (1) by striking ‘‘and’’ at the end of para- U.S.C. 1161(b)(3)) is repealed. Section 17 of the Child Nutrition Act of 1966 graph (3); (c) REPORT ON LONG RANGE PLAN FOR PUB- (42 U.S.C. 1786) is amended by striking sub- (2) by striking the period at the end of LIC BROADCASTING.—Section 393A(b) of the section (j). paragraph (4) and inserting ‘‘; and’’; and (n) REPORT ON DEMONSTRATIONS INVOLVING Communications Act of 1934 (47 U.S.C. (3) by adding at the end the following new 393a(b)) is repealed. INNOVATIVE HOUSING UNITS.—Section 506(b) paragraph: of the Housing Act of 1949 (42 U.S.C. 1476(b)) (d) REPORT ON STATUS, ACTIVITIES, AND EF- ‘‘(5) the information and recommendations FECTIVENESS OF UNITED STATES COMMERCIAL is amended by striking the last sentence. described in section 11 of the Horse Protec- (o) REPORT ON LAND EXCHANGES IN COLUM- CENTERS IN ASIA, LATIN AMERICA, AND AFRICA tion Act of 1970 (15 U.S.C. 1830).’’. BIA RIVER GORGE NATIONAL SCENIC AREA.— AND PROGRAM RECOMMENDATIONS.—Section (b) REPORT ON HORSE PROTECTION ENFORCE- Section 9(d)(3) of the Columbia River Gorge 401(j) of the Jobs Through Exports Act of 1992 MENT.—Section 11 of the Horse Protection National Scenic Area Act (16 U.S.C. (15 U.S.C. 4723a(j)) is repealed. Act of 1970 (15 U.S.C. 1830) is amended by 544g(d)(3)) is amended by striking the second (e) REPORT ON KUWAIT RECONSTRUCTION striking ‘‘On or before the expiration of thir- sentence. CONTRACTS.—Section 606(f) of the Persian ty calendar months following the date of en- (p) REPORT ON INCOME AND EXPENDITURES Gulf Conflict Supplemental Authorization actment of this Act, and every twelve cal- OF CERTAIN LAND ACQUISITIONS.—Section 2(e) and Personnel Benefits Act of 1991 is re- of Public Law 96–586 (94 Stat. 3382) is amend- endar months thereafter, the Secretary shall pealed. ed by striking the second sentence. submit to the Congress a report upon’’ and (f) REPORT ON UNITED STATES-CANADA (q) REPORT ON SPECIAL AREA DESIGNA- inserting the following: ‘‘As part of the re- FREE-TRADE AGREEMENT.—Section TIONS.—Section 1506 of the Agriculture and port submitted by the Secretary under sec- 409(a)(3)(B) of the United States-Canada Food Act of 1981 (16 U.S.C. 3415) is repealed tion 25 of the Animal Welfare Act (7 U.S.C. Free-Trade Agreement Implementation Act and sections 1507, 1508, 1509, and 1511 of such 2155), the Secretary shall include informa- of 1988 (19 U.S.C. 2112 note) is amended to Act are redesignated as sections 1506, 1507, tion on’’. read as follows: 1508, and 1509, respectively. (c) REPORT ON AGRICULTURAL QUARANTINE ‘‘(3) The United States members of the (r) REPORT ON EVALUATION OF SPECIAL INSPECTION FUND.—The Secretary of Agri- working group established under article 1907 AREA DESIGNATIONS.—Section 1510 of the Ag- culture shall not be required to submit a re- of the Agreement shall consult regularly riculture and Food Act of 1981 (16 U.S.C. 3419) port to the appropriate committees of Con- with the Committee on Finance of the Sen- is repealed. gress on the status of the Agricultural Quar- ate, the Committee on Ways and Means of (s) REPORT ON AGRICULTURAL PRACTICES antine Inspection fund more frequently than the House of Representatives, and advisory AND WATER RESOURCES DATABASE DEVELOP- annually. committees established under section 135 of MENT.—Section 1485 of the Food, Agriculture, (d) REPORT ON ESTIMATED EXPENDITURES the Trade Act of 1974 regarding— Conservation, and Trade Act of 1990 (7 U.S.C. UNDER FOOD STAMP PROGRAM.—The third ‘‘(A) the issues being considered by the 5505) is amended— sentence of section 18(a)(1) of the Food working group; and (1) in subsection (a), by striking ‘‘(a) RE- Stamp Act of 1977 (7 U.S.C. 2027(a)(1)) is ‘‘(B) as appropriate, the objectives and POSITORY.—’’; and amended— strategy of the United States in the negotia- (2) by striking subsection (b). (1) by striking ‘‘by the fifteenth day of tions.’’. (t) REPORT ON PLANT GENOME MAPPING.— each month’’ and inserting ‘‘for each quarter (g) REPORT ON ESTABLISHMENT OF AMER- Section 1671 of the Food, Agriculture, Con- or other appropriate period’’; and ICAN BUSINESS CENTERS AND ON ACTIVITIES OF servation, and Trade Act of 1990 (7 U.S.C. (2) by striking ‘‘the second preceding THE INDEPENDENT STATES BUSINESS AND AG- 5924) is amended— month’s expenditure’’ and inserting ‘‘the ex- RICULTURE ADVISORY COUNCIL.—Section 305 of (1) by striking subsection (g); and penditure for the quarter or other period’’. the Freedom for Russia and Emerging De- (2) by redesignating subsection (h) as sub- (e) REPORT ON PRIORITIES FOR RESEARCH, mocracies and Open Markets Support Act of section (g). EXTENSION, AND TEACHING.—Section 1407(f)(1) 1992 (22 U.S.C. 5825) is repealed. H 12214 CONGRESSIONAL RECORD — HOUSE November 14, 1995

(h) REPORT ON FISHERMAN’S CONTINGENCY Subtitle D—Department of Education of the Congress at the end of every other fis- FUND REPORT.—Section 406 of the Outer Con- SEC. 1041. REPORTS ELIMINATED. cal year. Such report shall— tinental Shelf Lands Act Amendments of (a) REPORT ON PERSONNEL REDUCTION AND ‘‘(A) evaluate the programs and activities 1978 (43 U.S.C. 1846) is repealed. ANNUAL LIMITATIONS.—Subsection (a) of sec- assisted under this part; and (i) REPORT ON USER FEES ON SHIPPERS.— tion 403 of the Department of Education Or- ‘‘(B) contain the information received from Section 208 of the Water Resources Develop- ganization Act (20 U.S.C. 3463(a)) is amended the States pursuant to section 722(d)(3).’’. ment Act of 1986 (33 U.S.C. 2236) is amended in paragraph (2), by striking all beginning (c) REPORT TO GIVE NOTICE TO CONGRESS.— by— with ‘‘and shall,’’ through the end thereof Subsection (d) of section 482 of the Higher (1) striking subsection (b); and and inserting a period. Education Act of 1965 (20 U.S.C. 1089(d)) is (2) redesignating subsections (c), (d), (e), (b) REPORT ON SUPPORTED EMPLOYMENT AC- amended— and (f) as subsections (b), (c), (d), and (e), re- TIVITIES.—Subsection (c) of section 311 of the (1) in the first sentence by striking ‘‘the spectively. Rehabilitation Act of 1973 (29 U.S.C. 777a(c)) items specified in the calendar have been SEC. 1022. REPORTS MODIFIED. is amended— completed and provide all relevant forms, rules, and instructions with such notice’’ and (a) REPORT ON FEDERAL TRADE PROMOTION (1) by striking paragraph (3); and inserting ‘‘a deadline included in the cal- STRATEGIC PLAN.—Section 2312(f) of the Ex- (2) by redesignating paragraph (4) as para- port Enhancement Act of 1988 (15 U.S.C. graph (3). endar described in subsection (a) is not met’’; 4727(f) is amended to read as follows: (c) REPORT ON THE CLIENT ASSISTANCE PRO- and GRAM.—Subsection (g) of section 112 of the (2) by striking the second sentence. ‘‘(f) REPORT TO THE CONGRESS.—The chair- Rehabilitation Act of 1973 (29 U.S.C. 732(g)) is (d) ANNUAL REPORT ON ACTIVITIES UNDER person of the TPCC shall prepare and submit amended— THE REHABILITATION ACT OF 1973.—Section 13 to the Committee on Banking, Housing, and (1) by striking paragraphs (4) and (5); and of the Rehabilitation Act of 1973 (29 U.S.C. Urban Affairs of the Senate, and the Com- (2) in paragraph (6), by striking ‘‘such re- 712) is amended by striking ‘‘twenty’’ and in- mittee on Foreign Affairs of the House of port or for any other’’ and inserting ‘‘any’’. serting ‘‘eighty’’. Representatives, not later than September (d) REPORT ON THE SUMMARY OF LOCAL (e) REPORT TO THE CONGRESS REGARDING 30, 1995, and annually thereafter, a report de- EVALUATIONS OF COMMUNITY EDUCATION EM- REHABILITATION TRAINING PROGRAMS.—The scribing— PLOYMENT CENTERS.—Section 370 of the Carl second sentence of section 302(c) of the Reha- ‘‘(1) the strategic plan developed by the D. Perkins Vocational and Applied Tech- bilitation Act of 1973 (29 U.S.C. 774(c)) is TPCC pursuant to subsection (c), the imple- nology Act (20 U.S.C. 2396h) is amended— amended by striking ‘‘simultaneously with mentation of such plan, and any revisions (1) in the section heading, by striking the budget submission for the succeeding fis- thereto; and ‘‘AND REPORT’’; cal year for the Rehabilitation Services Ad- ‘‘(2) the implementation of sections 303 and (2) in subsection (a), by striking ‘‘(a) LOCAL ministration’’ and inserting ‘‘by September 304 of the Freedom for Russia and Emerging EVALUATION.—’’; and 30 of each fiscal year’’. Democracies and Open Markets Support Act (3) by striking subsection (b). (f) ANNUAL AUDIT OF STUDENT LOAN INSUR- of 1992 (22 U.S.C. 5823 and 5824) concerning (e) REPORT ON THE ADMINISTRATION OF THE ANCE FUND.—Section 432(b) of the Higher funding for export promotion activities and VOCATIONAL EDUCATION ACT OF 1917.—Section Education Act of 1965 (20 U.S.C. 1082(b)) is the interagency working groups on energy of 18 of the Vocational Education Act of 1917 (20 amended to read as follows: the TPCC.’’. U.S.C. 28) is repealed. ‘‘(b) FINANCIAL OPERATIONS RESPONSIBIL- (b) REPORT ON EXPORT POLICY.—Section (f) REPORT BY THE INTERDEPARTMENTAL ITIES.—The Secretary shall, with respect to 2314(b)(1) of the Export Enhancement Act of TASK FORCE ON COORDINATING VOCATIONAL the financial operations arising by reason of 1988 (15 U.S.C. 4729(b)(1)) is amended— EDUCATION AND RELATED PROGRAMS.—Sub- this part prepare annually and submit a (1) in subparagraph (E) by striking out section (d) of section 4 of the Carl D. Perkins budget program as provided for wholly ‘‘and’’ after the semicolon; Vocational and Applied Technology Edu- owned Government corporations by chapter (2) in subparagraph (F) by striking out the cation Act Amendments of 1990 (20 U.S.C. 91 of title 31, United States Code. The trans- period and inserting in lieu thereof a semi- 2303(d)) is repealed. actions of the Secretary, including the set- colon; and (g) REPORT ON THE EVALUATION OF THE tlement of insurance claims and of claims (3) by adding at the end thereof the follow- GATEWAY GRANTS PROGRAM.—Subparagraph for payments pursuant to section 1078 of this ing new subparagraphs: (B) of section 322(a)(3) of the Adult Edu- title, and transactions related thereto and ‘‘(G) the status, activities, and effective- cation Act (20 U.S.C. 1203a(a)(3)(B)) is amend- vouchers approved by the Secretary in con- ness of the United States commercial centers ed by striking ‘‘and report the results of such nection with such transactions, shall be final established under section 401 of the Jobs evaluation to the Committee on Education and conclusive upon all accounting and other Through Exports Act of 1992 (15 U.S.C. 4723a); and Labor of the House of Representatives officers of the Government.’’. ‘‘(H) the implementation of sections 301 and the Committee on Labor and Human Re- Subtitle E—Department of Energy and 302 of the Freedom for Russia and sources of the Senate’’. Emerging Democracies and Open Markets (h) REPORT ON THE BILINGUAL VOCATIONAL SEC. 1051. REPORTS ELIMINATED. Support Act of 1992 (22 U.S.C. 5821 and 5822) TRAINING PROGRAM.—Paragraph (3) of section (a) REPORTS ON PERFORMANCE AND DIS- concerning American Business Centers and 441(e) of the Carl D. Perkins Vocational and POSAL OF ALTERNATIVE FUELED HEAVY DUTY the Independent States Business and Agri- Applied Technology Education Act (20 U.S.C. VEHICLES.—Paragraphs (3) and (4) of section culture Advisory Council; 2441(e)(3)) is amended by striking the last 400AA(b) of the Energy Policy and Conserva- ‘‘(I) the programs of other industrialized sentence thereof. tion Act (42 U.S.C. 6374(b)(3), 6374(b)(4)) are nations to assist their companies with their (i) REPORT ON ANNUAL UPWARD MOBILITY repealed. efforts to transact business in the independ- PROGRAM ACTIVITY.—Section 2(a)(6)(A) of the (b) REPORT ON WIND ENERGY SYSTEMS.— ent states of the former Soviet Union; and Act of June 20, 1936 (20 U.S.C. 107a(a)(6)(A)), Section 9(a)(3) of the Wind Energy Systems ‘‘(J) the trading practices of other Organi- is amended by striking ‘‘and annually sub- Act of 1980 (42 U.S.C. 9208(a)(3)) is repealed. zation for Economic Cooperation and Devel- mit to the appropriate committees of Con- (c) REPORT ON COMPREHENSIVE PROGRAM opment nations, as well as the pricing prac- gress a report based on such evaluations,’’. MANAGEMENT PLAN FOR OCEAN THERMAL EN- tices of transitional economies in the inde- SEC. 1042. REPORTS MODIFIED. ERGY CONVERSION.—Section 3(d) of the Ocean pendent states, that may disadvantage Unit- (a) REPORT ON THE CONDITION OF BILINGUAL Thermal Energy Conversion Research, De- ed States companies.’’. EDUCATION IN THE NATION.—Section 6213 of velopment, and Demonstration Act (42 U.S.C. 9002(d)) is repealed. Subtitle C—Department of Defense the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improve- (d) REPORTS ON SUBSEABED DISPOSAL OF SEC. 1031. REPORTS ELIMINATED. ment Amendments of 1988 (20 U.S.C. 3303 SPENT NUCLEAR FUEL AND HIGH-LEVEL RA- (a) REPORT ON SEMATECH.—Section 274 of note) is amended— DIOACTIVE WASTE.—Subsections (a) and (b)(5) The National Defense Authorization Act for (1) in the section heading, by striking ‘‘RE- of section 224 of the Nuclear Waste Policy Fiscal Years 1988 and 1989 (Public Law 100– PORT ON’’ and inserting ‘‘INFORMATION Act of 1982 (42 U.S.C. 10204(a), 10204(b)(5)) are 180; 101 Stat. 1071) is amended— REGARDING’’; and repealed. (1) in section 6 by striking out the item re- (2) by striking the matter preceding para- (e) REPORT ON FUEL USE ACT.—Sections lating to section 274; and graph (1) and inserting ‘‘The Secretary shall 711(c)(2) and 806 of the Powerplant and Indus- (2) by striking out section 274. collect data for program management and trial Fuel Use Act of 1978 (42 U.S.C. 8421(c)(2), (b) REPORT ON REVIEW OF DOCUMENTATION accountability purposes regarding—’’. 8482) are repealed. IN SUPPORT OF WAIVERS FOR PEOPLE ENGAGED (b) REPORT TO CONGRESS ON THE STEWART (f) REPORT ON TEST PROGRAM OF STORAGE IN ACQUISITION ACTIVITIES.— B. MCKINNEY HOMELESS ASSISTANCE ACT.— OF REFINED PETROLEUM PRODUCTS WITHIN (1) IN GENERAL.—Section 1208 of the Na- Subsection (b) of section 724 of the Stewart THE STRATEGIC PETROLEUM RESERVE.—Sec- tional Defense Authorization Act for Fiscal B. McKinney Homeless Assistance Act (42 tion 160(g)(7) of the Energy Policy and Con- Year 1991 (10 U.S.C. 1701 note) is repealed. U.S.C. 11434(b)) is amended by striking para- servation Act (42 U.S.C. 6240(g)(7)) is re- (2) CLERICAL AMENDMENT TO TABLE OF CON- graph (4) and the first paragraph (5) and in- pealed. TENTS.—Section 2(b) of such Act is amended serting the following: (g) REPORT ON NAVAL PETROLEUM AND OIL by striking out the item relating to section ‘‘(4) The Secretary shall prepare and sub- SHALE RESERVES PRODUCTION.—Section 7434 1208. mit a report to the appropriate committees of title 10, United States Code, is repealed. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12215

(h) REPORT ON EFFECTS OF PRESIDENTIAL (B) by inserting ‘‘as part of the report re- the progress made in meeting the program MESSAGE ESTABLISHING A NUCLEAR NON- quired under section 132(d),’’ after ‘‘and bien- objectives, milestones, and schedules estab- PROLIFERATION POLICY ON NUCLEAR RESEARCH nially thereafter,’’. lished in the management plan.’’. AND DEVELOPMENT COOPERATIVE AGREE- (b) REPORT ON AGENCY REQUESTS FOR WAIV- (j) REPORT ON HIGH-PERFORMANCE COMPUT- MENTS.—Section 203 of the Department of ER FROM FEDERAL ENERGY MANAGEMENT RE- ING ACTIVITIES.—Section 203(d) of the High- Energy Act of 1978—Civilian Applications (22 QUIREMENTS.—Section 543(b)(2) of the Na- Performance Computing Act of 1991 (15 U.S.C. 2429 note) is repealed. tional Energy Conservation Policy Act (42 U.S.C. 5523(d)) is amended to read as follows: (i) REPORT ON WRITTEN AGREEMENTS RE- U.S.C. 8253(b)(2)) is amended— ‘‘(d) REPORTS.—Not later than 1 year after GARDING NUCLEAR WASTE REPOSITORY (1) by inserting ‘‘, as part of the report re- the date of enactment of this subsection, and SITES.—Section 117(c) of the Nuclear Waste quired under section 548(b),’’ after ‘‘the Sec- thereafter as part of the report required Policy Act of 1982 (42 U.S.C. 10137(c)) is retary shall’’; and under section 101(a)(3)(A), the Secretary of amended by striking the following: ‘‘If such (2) by striking ‘‘promptly’’. Energy shall report on activities taken to written agreement is not completed prior to (c) REPORT ON THE PROGRESS, STATUS, AC- carry out this Act.’’. the expiration of such period, the Secretary TIVITIES, AND RESULTS OF PROGRAMS REGARD- (k) REPORT ON NATIONAL HIGH-PERFORM- shall report to the Congress in writing not ING THE PROCUREMENT AND IDENTIFICATION OF ANCE COMPUTING PROGRAM.—Section 101(a)(4) later than 30 days after the expiration of ENERGY EFFICIENT PRODUCTS.—Section 161(d) of the High-Performance Computing Act of such period on the status of negotiations to of the Energy Policy Act of 1992 (42 U.S.C. 1991 (15 U.S.C. 5511(a)(4)) is amended— develop such agreement and the reasons why 8262g(d)) is amended by striking ‘‘of each (1) in subparagraph (D), by striking ‘‘and’’ such agreement has not been completed. year thereafter,’’; and inserting ‘‘thereafter at the end; Prior to submission of such report to the as part of the report required under section (2) by redesignating subparagraph (E) as Congress, the Secretary shall transmit such 548(b) of the National Energy Conservation subparagraph (F); and report to the Governor of such State or the Policy Act,’’. (3) by inserting after subparagraph (D) the governing body of such affected Indian tribe, (d) REPORT ON THE FEDERAL GOVERNMENT following new subparagraph: as the case may be, for their review and com- ENERGY MANAGEMENT PROGRAM.—Section ‘‘(E) include the report of the Secretary of ments. Such comments shall be included in 548(b) of the National Energy Conservation Energy required by section 203(d); and’’. such report prior to submission to the Con- Policy Act (42 U.S.C. 8258(b)) is amended— (l) REPORT ON NUCLEAR WASTE DISPOSAL gress.’’. (1) in paragraph (1)— PROGRAM.—Section 304(d) of the Nuclear (j) QUARTERLY REPORT ON STRATEGIC PE- (A) in subparagraph (A), by striking ‘‘and’’ Waste Policy Act of 1982 (42 U.S.C. 10224(d)) TROLEUM RESERVES.—Section 165(b) of the after the semicolon; is amended to read as follows: Energy Policy and Conservation Act (42 (B) by redesignating subparagraph (B) as ‘‘(d) AUDIT BY GAO.—If requested by either U.S.C. 6245(b)) is repealed. subparagraph (C); and House of the Congress (or any committee (k) REPORT ON THE DEPARTMENT OF EN- (C) by inserting after subparagraph (A) the thereof) or if considered necessary by the ERGY.—The Federal Energy Administration following new subparagraph: Comptroller General, the General Account- Act of 1974 (15 U.S.C. 790d), is amended by ‘‘(B) the information required under sec- ing Office shall conduct an audit of the Of- striking out section 55. tion 543(b)(2); and’’; fice, in accord with such regulations as the (l) REPORT ON CURRENT STATUS OF COM- (2) in paragraph (2), by striking ‘‘and’’ Comptroller General may prescribe. The PREHENSIVE MANAGEMENT FOR NUCLEAR after the semicolon; Comptroller General shall have access to SAFETY RESEARCH, DEVELOPMENT, AND DEM- (3) in paragraph (3), by striking the period such books, records, accounts, and other ma- ONSTRATION.—Section 8(c) of the Nuclear at the end and inserting ‘‘; and’’; and terials of the Office as the Comptroller Gen- Safety Research, Development, and Dem- (4) by adding at the end the following new eral determines to be necessary for the prep- onstration Act of 1980 (42 U.S.C. 9707(c)) is re- paragraph: aration of such audit. The Comptroller Gen- pealed. ‘‘(4) the information required under section eral shall submit a report on the results of (m) REPORT ON ACTIVITIES OF THE GEO- 161(d) of the Energy Policy Act of 1992.’’. each audit conducted under this section.’’. THERMAL ENERGY COORDINATION AND MAN- (e) REPORT ON ALTERNATIVE FUEL USE BY Subtitle F—Department of Health and AGEMENT PROJECT.—Section 302(a) of the SELECTED FEDERAL VEHICLES.—Section Geothermal Energy Research, Development, 400AA(b)(1)(B) of the Energy Policy and Con- Human Services and Demonstration Act of 1974 (30 U.S.C. servation Act (42 U.S.C. 6374(b)(1)(B)) is SEC. 1061. REPORTS ELIMINATED. 1162(a)) is repealed. amended by striking ‘‘and annually there- (a) REPORT ON THE EFFECTS OF TOXIC SUB- (n) REPORT ON ACTIVITIES UNDER THE MAG- after’’. STANCES.—Subsection (c) of section 27 of the NETIC FUSION ENERGY ENGINEERING ACT OF (f) REPORT ON THE OPERATION OF STATE EN- Toxic Substance Control Act (15 U.S.C. 1980.—Section 12 of the Magnetic Fusion En- ERGY CONSERVATION PLANS.—Section 365(c) of 2626(c)) is repealed. ergy Engineering Act of 1980 (42 U.S.C. 9311) the Energy Policy and Conservation Act (42 (b) REPORT ON COMPLIANCE WITH THE is repealed. U.S.C. 6325(c)) is amended by striking ‘‘re- CONSUMER-PATIENT RADIATION HEALTH AND (o) REPORT ON ACTIVITIES UNDER THE ELEC- port annually’’ and inserting ‘‘, as part of the SAFETY ACT.—Subsection (d) of section 981 of TRIC AND HYBRID VEHICLE RESEARCH, DEVEL- report required under section 657 of the De- the Consumer-Patient Radiation Health and OPMENT, AND DEMONSTRATION ACT OF 1976.— partment of Energy Organization Act, re- Safety Act of 1981 (42 U.S.C. 10006(d)) is re- Section 14 of the Electric and Hybrid Vehicle port’’. pealed. Research, Development, and Demonstration (g) REPORT ON THE DEPARTMENT OF EN- (c) REPORT ON EVALUATION OF TITLE VIII Act of 1976 (15 U.S.C. 2513) is repealed. ERGY.—Section 657 of the Department of En- PROGRAMS.—Section 859 of the Public Health (p) REPORT ON ACTIVITIES UNDER THE METH- ergy Organization Act (42 U.S.C. 7267) is Service Act (42 U.S.C. 298b–6) is repealed. ANE TRANSPORTATION RESEARCH, DEVELOP- amended by inserting after ‘‘section 15 of the (d) REPORT ON MODEL SYSTEM FOR PAYMENT MENT, AND DEMONSTRATION ACT OF 1980.—Sec- Federal Energy Administration Act of 1974,’’ FOR OUTPATIENT HOSPITAL SERVICES.—Para- tion 9 of the Methane Transportation Re- the following: ‘‘section 365(c) of the Energy graph (6) of section 1135(d) of the Social Se- search, Development, and Demonstration Policy and Conservation Act, section 304(c) curity Act (42 U.S.C. 1320b–5(d)(6)) is re- Act of 1980 (15 U.S.C. 3808) is repealed. of the Nuclear Waste Policy Act of 1982,’’. pealed. SEC. 1052. REPORTS MODIFIED. (h) REPORT ON COST-EFFECTIVE WAYS TO (e) REPORT ON MEDICARE TREATMENT OF (a) REPORTS ON PROCESS-ORIENTED INDUS- INCREASE HYDROPOWER PRODUCTION AT FED- UNCOMPENSATED CARE.—Paragraph (2) of sec- TRIAL ENERGY EFFICIENCY AND INDUSTRIAL IN- ERAL WATER FACILITIES.—Section 2404 of the tion 603(a) of the Social Security Amend- SULATION AUDIT GUIDELINES.— Energy Policy Act of 1992 (16 U.S.C. 797 note) ments of 1983 (42 U.S.C. 1395ww note) is re- (1) Section 132(d) of the Energy Policy Act is amended— pealed. of 1992 (42 U.S.C. 6349(d)) is amended— (1) in subsection (a), by striking ‘‘The Sec- (f) REPORT ON PROGRAM TO ASSIST HOME- (A) in the language preceding paragraph retary, in consultation with the Secretary of LESS INDIVIDUALS.—Subsection (d) of section (1), by striking ‘‘Not later than 2 years after the Interior and the Secretary of the Army,’’ 9117 of the Omnibus Budget Reconciliation October 24, 1992, and annually thereafter’’ and inserting ‘‘The Secretary of the Interior Act of 1987 (42 U.S.C. 1383 note) is repealed. and inserting ‘‘Not later than October 24, and the Secretary of the Army, in consulta- SEC. 1062. REPORTS MODIFIED. 1995, and biennially thereafter’’; tion with the Secretary,’’; and (a) REPORT OF THE SURGEON GENERAL.— (B) in paragraph (4), by striking ‘‘and’’ at (2) in subsection (b), by striking ‘‘the Sec- Section 239 of the Public Health Service Act the end; retary’’ and inserting ‘‘the Secretary of the (42 U.S.C. 238h) is amended to read as fol- (C) in paragraph (5), by striking the period Interior, or the Secretary of the Army,’’. lows: at the end and inserting ‘‘; and’’; and (i) REPORT ON PROGRESS MEETING FUSION (D) by adding at the end the following new ENERGY PROGRAM OBJECTIVES.—Section ‘‘BIANNUAL REPORT paragraph: 2114(c)(5) of the Energy Policy Act of 1992 (42 ‘‘SEC. 239. The Surgeon General shall trans- ‘‘(6) the information required under section U.S.C. 13474(c)(5)) is amended by striking out mit to the Secretary, for submission to the 133(c).’’. the first sentence and inserting in lieu there- Congress, on January 1, 1995, and on January (2) Section 133(c) of the Energy Policy Act of ‘‘The President shall include in the budget 1, every 2 years thereafter, a full report of of 1992 (42 U.S.C. 6350(c)) is amended— submitted to the Congress each year under the administration of the functions of the (A) by striking, ‘‘October 24, 1992’’ and in- section 1105 of title 31, United States Code, a Service under this Act, including a detailed serting ‘‘October 24, 1995’’; and report prepared by the Secretary describing statement of receipts and disbursements.’’. H 12216 CONGRESSIONAL RECORD — HOUSE November 14, 1995

(b) REPORT ON HEALTH SERVICE RESEARCH (b) REPORT ON DOMESTIC MINING, MINERALS, SEC. 1102. REPORTS MODIFIED. ACTIVITIES.—Subsection (b) of section 494A of AND MINERAL RECLAMATION INDUSTRIES.— (a) REPORT ON THE ACTIVITIES CONDUCTED the Public Health Service Act (42 U.S.C. Section 2 of the Mining and Minerals Policy UNDER THE FAIR LABOR STANDARDS ACT OF 289c–1(b)) is amended by striking ‘‘September Act of 1970 (30 U.S.C. 21a) is amended by 1938.—Section 4(d)(1) of the Fair Labor 30, 1993, and annually thereafter’’ and insert- striking the last sentence. Standards Act of 1938 (29 U.S.C. 204(d)(1)) is ing ‘‘December 30, 1993, and each December (c) REPORT ON PHASE I OF THE HIGH PLAINS amended— 30 thereafter’’. STATES GROUNDWATER DEMONSTRATION (1) by striking ‘‘annually’’ and inserting (c) REPORT ON FAMILY PLANNING.—Section PROJECT.—Section 3(d) of the High Plains ‘‘biannually’’; and 1009(a) of the Public Health Service Act (42 States Groundwater Demonstration Program (2) by striking ‘‘preceding year’’ and in- U.S.C. 300a–7(a)) is amended by striking Act of 1983 (43 U.S.C. 390g–1(d)) is repealed. serting ‘‘preceding two years’’. ‘‘each fiscal year’’ and inserting ‘‘fiscal year (d) REPORT ON RECLAMATION REFORM ACT (b) ANNUAL REPORT OF THE OFFICE OF 1995, and each second fiscal year there- COMPLIANCE.—Section 224(g) of the Reclama- WORKERS’ COMPENSATION.— after,’’. tion Reform Act of 1982 (43 U.S.C. 390ww(g)) (1) REPORT ON THE ADMINISTRATION OF THE (d) REPORT ON THE STATUS OF HEALTH IN- is amended by striking the last 2 sentences. LONGSHORE AND HARBOR WORKERS’ COMPENSA- (e) REPORT ON GEOLOGICAL SURVEYS CON- FORMATION AND HEALTH PROMOTION.—Section TION ACT.—Section 42 of the Longshore and 1705(a) of the Public Health Service Act (42 DUCTED OUTSIDE THE DOMAIN OF THE UNITED Harbor Workers’ Compensation Act (33 U.S.C. 300u–4) is amended in the first sen- STATES.—Section 2 of Public Law 87–626 (43 U.S.C. 942) is amended— tence by striking out ‘‘annually’’ and insert- U.S.C. 31(c)) is repealed. (A) by striking ‘‘beginning of each’’ and all (f) REPORT ON RECREATION USE FEES.—Sec- ing in lieu thereof ‘‘biannually’’. that follows through ‘‘Amendments of 1984’’ tion 4(h) of the Land and Water Conservation and inserting ‘‘end of each fiscal year’’; and Subtitle G—Department of Housing and Fund Act of 1965 (16 U.S.C. 460l–6a(h)) is re- Urban Development (B) by adding the following new sentence pealed. at the end: ‘‘Such report shall include the (g) REPORT ON FEDERAL SURPLUS REAL SEC. 1071. REPORTS ELIMINATED. annual reports required under section 426(b) PROPERTY PUBLIC BENEFIT DISCOUNT PRO- (a) REPORTS ON PUBLIC HOUSING HOME- of the Black Lung Benefits Act (30 U.S.C. GRAM FOR PARKS AND RECREATION.—Section OWNERSHIP AND MANAGEMENT OPPORTUNI- 936(b)) and section 8194 of title 5, United 203(o)(1) of the Federal Property and Admin- TIES.—Section 21(f) of the United States States Code, and shall be identified as the istrative Services Act of 1949 (40 U.S.C. Housing Act of 1937 (42 U.S.C. 1437s(f)) is re- Annual Report of the Office of Workers’ 484(o)(1)) is amended by striking ‘‘subsection pealed. Compensation Programs.’’. (k) of this section and’’. (b) INTERIM REPORT ON PUBLIC HOUSING (2) REPORT ON THE ADMINISTRATION OF THE SEC. 1082. REPORTS MODIFIED. MIXED INCOME NEW COMMUNITIES STRATEGY BLACK LUNG BENEFITS PROGRAM.—Section DEMONSTRATION.—Section 522(k)(1) of the (a) REPORT ON LEVELS OF THE OGALLALA 426(b) of the ‘‘Black Lung Benefits Act (30 Cranston-Gonzalez National Affordable AQUIFER.—Title III of the Water Resources U.S.C. 936(b)) is amended— Housing Act (42 U.S.C. 1437f note) is repealed. Research Act of 1984 (42 U.S.C. 10301 note) is (A) by striking ‘‘Within’’ and all that fol- (c) BIENNIAL REPORT ON INTERSTATE LAND amended— lows through ‘‘Congress the’’ and inserting SALES REGISTRATION PROGRAM.—Section 1421 (1) in section 306, by striking ‘‘annually’’ ‘‘At the end of each fiscal year, the’’; and of the Interstate Land Sales Full Disclosure and inserting ‘‘biennially’’; and (B) by adding the following new sentence Act (15 U.S.C. 1719a) is repealed. (2) in section 308, by striking ‘‘intervals of at the end: ‘‘Each such report shall be pre- (d) QUARTERLY REPORT ON ACTIVITIES one year’’ and inserting ‘‘intervals of 2 pared and submitted to Congress in accord- UNDER THE FAIR HOUSING INITIATIVES PRO- years’’. ance with the requirement with respect to (b) REPORT ON EFFECTS OF OUTER CON- GRAM.—Section 561(e)(2) of the Housing and submission under section 42 of the Longshore TINENTAL SHELF LEASING ACTIVITIES ON Community Development Act of 1987 (42 Harbor Workers’ Compensation Act (33 HUMAN, MARINE, AND COASTAL ENVIRON- U.S.C. 3616a(e)(2)) is repealed. U.S.C. 942).’’. OLLECTION OF AND NNUAL EPORT ON MENTS.—Section 20(e) of the Outer Continen- (e) C A R (3) REPORT ON THE ADMINISTRATION OF THE ACIAL AND THNIC ATA tal Shelf Lands Act (43 U.S.C. 1346(e)) is R E D .—Section 562 of the FEDERAL EMPLOYEES’ COMPENSATION ACT.—(A) amended by striking ‘‘each fiscal year’’ and Housing and Community Development Act of Subchapter I of chapter 81 of title 5, United inserting ‘‘every 3 fiscal years’’. 1987 (42 U.S.C. 3608a) is amended— States Code, is amended by adding at the end (1) in subsection (a)— Subtitle I—Department of Justice thereof the following new section: (A) in the first sentence— SEC. 1091. REPORTS ELIMINATED. ‘‘§ 8152. Annual report (i) by striking ‘‘the Secretary of Housing (a) REPORT ON DRUG INTERDICTION TASK ‘‘The Secretary of Labor shall, at the end and Urban Development and’’; and FORCE.—Section 3301(a)(1)(C) of the National of each fiscal year, prepare a report with re- (ii) by striking ‘‘each’’, the first place it Drug Interdiction Act of 1986 (21 U.S.C. 801 spect to the administration of this chapter. appears; and note; Public Law 99–570; 100 Stat. 3207–98) is Such report shall be submitted to Congress (B) in the second sentence, by striking ‘‘in- repealed. volved’’; and (b) REPORT ON EQUAL ACCESS TO JUSTICE.— in accordance with the requirement with re- (2) in subsection (b)— Section 2412(d)(5) of title 28, United States spect to submission under section 42 of the (A) by striking ‘‘The Secretary of Housing Code, is repealed. Longshore Harbor Workers’ Compensation and Urban Development and the’’ and insert- (c) REPORT ON FEDERAL OFFENDER CHARAC- Act (33 U.S.C. 942).’’. ing ‘‘The’’; and TERISTICS.—Section 3624(f)(6) of title 18, Unit- (B) The table of sections for chapter 81 of (B) by striking ‘‘each’’. ed States Code, is repealed. title 5, United States Code, is amended by in- serting after the item relating to section 8151 SEC. 1072. REPORTS MODIFIED. (d) REPORT ON COSTS OF DEATH PENALTY.— the following: (a) REPORT ON HOMEOWNERSHIP OF MULTI- The Anti-Drug Abuse Act of 1988 (Public Law FAMILY UNITS PROGRAM.—Section 431 of the 100–690; 102 Stat. 4395; 21 U.S.C. 848 note) is ‘‘8152. Annual report.’’. Cranston-Gonzalez National Affordable amended by striking out section 7002. (c) ANNUAL REPORT ON THE DEPARTMENT OF (e) MINERAL LANDS LEASING ACT.—Section Housing Act (42 U.S.C. 12880) is amended— LABOR.—Section 9 of an Act entitled ‘‘An Act 8B of the Mineral Lands Leasing Act (30 (1) in the section heading, by striking ‘‘AN- to create a Department of Labor’’, approved U.S.C. 208–2) is repealed. NUAL’’; and March 4, 1913 (29 U.S.C. 560) is amended by (f) SMALL BUSINESS ACT.—Subsection (c) of striking ‘‘make a report’’ and all that fol- (2) by striking ‘‘The Secretary shall annu- section 10 of the Small Business Act (15 ally’’ and inserting ‘‘The Secretary shall no lows through ‘‘the department’’ and insert- U.S.C. 639(c)) is repealed. ing ‘‘prepare and submit to Congress the fi- later than December 31, 1995,’’. (g) ENERGY POLICY AND CONSERVATION nancial statements of the Department that (b) TRIENNIAL AUDIT OF TRANSACTIONS OF ACT.—Section 252(i) of the Energy Policy have been audited’’. NATIONAL HOMEOWNERSHIP FOUNDATION.— Conservation Act (42 U.S.C. 6272(i)) is amend- Section 107(g)(1) of the Housing and Urban ed by striking ‘‘, at least once every 6 Subtitle K—Department of State Development Act of 1968 (12 U.S.C. months, a report’’ and inserting ‘‘, at such SEC. 1111. REPORTS ELIMINATED. 1701y(g)(1)) is amended by striking the last intervals as are appropriate based on signifi- Section 8 of the Migration and Refugee As- sentence. cant developments and issues, reports’’. sistance Act of 1962 (22 U.S.C. 2606) is amend- (c) REPORT ON LOW-INCOME HOME ENERGY (h) REPORT ON FORFEITURE FUND.—Section ed by striking subsection (b), and redesignat- ASSISTANCE PROGRAM.—Section 2605(h) of the 524(c) of title 28, United States Code, is ing subsection (c) as subsection (b). Low-Income Home Energy Assistance Act of amended— Subtitle L—Department of Transportation 1981 (Public Law 97–35; 42 U.S.C. 8624(h)), is (1) by striking out paragraph (7); and SEC. 1121. REPORTS ELIMINATED. amended by striking out ‘‘(but not less fre- (2) by redesignating paragraphs (8) through quently than every three years),’’. (a) REPORT ON DEEPWATER PORT ACT OF (12) as paragraphs (7) through (11), respec- 1974.—Section 20 of the Deepwater Port Act Subtitle H—Department of the Interior tively. of 1974 (33 U.S.C. 1519) is repealed. SEC. 1081. REPORTS ELIMINATED. Subtitle J—Department of Labor (b) REPORT ON COAST GUARD LOGISTICS CA- (a) REPORT ON AUDITS IN FEDERAL ROYALTY SEC. 1101. REPORTS ELIMINATED. PABILITIES CRITICAL TO MISSION PERFORM- MANAGEMENT SYSTEM.—Section 17(j) of the Section 408(d) of the Veterans Education ANCE.—Sections 5(a)(2) and 5(b) of the Coast Mineral Leasing Act (30 U.S.C. 226(j)) is and Employment Amendments of 1989 (38 Guard Authorization Act of 1988 (10 U.S.C. amended by striking the last sentence. U.S.C. 4100 note) is repealed. 2304 note) are repealed. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12217

(c) REPORT ON MARINE PLASTIC POLLUTION than 30 days after the end of the fiscal year (c) REPORT ON COMPLIANCE WITH FUNDED RESEARCH AND CONTROL ACT OF 1987.—Sec- in which this Act is enacted and annually PERSONNEL CODING.— tion 2201(a) of the Marine Plastic Pollution thereafter. (1) REPEAL OF REPORT REQUIREMENT.—Sec- Research and Control Act of 1987 (33 U.S.C. (b) REPORT ON JOINT FEDERAL AND STATE tion 8110(a)(4) of title 38, United States Code, 1902 note) is amended by striking ‘‘bienni- MOTOR FUEL TAX COMPLIANCE PROJECT.—Sec- is amended by striking out subparagraph (C). ally’’ and inserting ‘‘triennially’’. tion 1040(d)(1) of the Intermodal Surface (2) CONFORMING AMENDMENTS.—Section (d) REPORT ON APPLIED RESEARCH AND Transportation Efficiency Act of 1991 (23 8110(a)(4) of title 38, United States Code, is TECHNOLOGY PROGRAM.—Section 307(e)(11) of U.S.C. 101 note) is amended by striking ‘‘Sep- amended by— title 23, United States Code, is repealed. tember 30 and’’. (A) redesignating subparagraph (C) as sub- (e) REPORTS ON HIGHWAY SAFETY IMPROVE- (c) REPORT ON PUBLIC TRANSPORTATION.— paragraph (D); MENT PROGRAMS.— Section 308(e)(1) of title 49, United States (B) in subparagraph (A), by striking out (1) REPORT ON RAILWAY-HIGHWAY CROSSINGS Code, is amended by striking ‘‘January of ‘‘subparagraph (D)’’ and inserting in lieu PROGRAM.—Section 130(g) of title 23, United each even-numbered year’’ and inserting thereof ‘‘subparagraph (C)’’; and States Code, is amended by striking the last ‘‘March 1995, March 1996, and March of each (C) in subparagraph (B), by striking out 3 sentences. odd-numbered year thereafter’’. ‘‘subparagraph (D)’’ and inserting in lieu (2) REPORT ON HAZARD ELIMINATION PRO- (d) REPORT ON NATION’S HIGHWAYS AND thereof ‘‘subparagraph (C)’’. BRIDGES.—Section 307(h) of title 23, United GRAM.—Section 152(g) of title 23, United TITLE II—INDEPENDENT AGENCIES States Code, is amended by striking ‘‘Janu- States Code, is amended by striking the last Subtitle A—Action 3 sentences. ary 1983, and in January of every second year SEC. 2011. REPORTS ELIMINATED. (f) REPORT ON HIGHWAY SAFETY PERFORM- thereafter’’ and inserting ‘‘March 1995, Section 226 of the Domestic Volunteer ANCE—FATAL AND INJURY ACCIDENT RATES ON March 1996, and March of each odd-numbered Service Act of 1973 (42 U.S.C. 5026) is amend- PUBLIC ROADS IN THE UNITED STATES.—Sec- year thereafter’’. ed— tion 207 of the Highway Safety Act of 1982 (23 Subtitle M—Department of the Treasury (1) by striking subsection (b); and U.S.C. 401 note) is repealed. SEC. 1131. REPORTS ELIMINATED. (2) in subsection (a)— (g) REPORT ON HIGHWAY SAFETY PROGRAM (a) REPORT ON THE OPERATION AND STATUS (A) in paragraph (2), by striking ‘‘(2)’’ and STANDARDS.—Section 402(a) of title 23, Unit- OF STATE AND LOCAL GOVERNMENT FISCAL AS- inserting ‘‘(b)’’; and ed States Code, is amended by striking the SISTANCE TRUST FUND.—Paragraph (8) of sec- (B) in paragraph (1)— fifth sentence. tion 14001(a) of the Consolidated Omnibus (i) by striking ‘‘(1)(A)’’ and inserting ‘‘(1)’’; (h) REPORT ON RAILROAD-HIGHWAY DEM- Budget Reconciliation Act of 1985 (31 U.S.C. and ONSTRATION PROJECTS.—Section 163(o) of the 6701 note) is repealed. (ii) in subparagraph (B)— Federal-Aid Highway Act of 1973 (23 U.S.C. (b) REPORT ON THE ANTIRECESSION PROVI- (I) by striking ‘‘(B)’’ and inserting ‘‘(2)’’; 130 note) is repealed. SIONS OF THE PUBLIC WORKS EMPLOYMENT and (i) REPORT ON UNIFORM RELOCATION ACT ACT OF 1976.—Section 213 of the Public Works (II) by striking ‘‘subparagraph (A)’’ and in- AMENDMENTS OF 1987.—Section 103(b)(2) of Employment Act of 1976 (42 U.S.C. 6733) is re- serting ‘‘paragraph (1)’’. the Uniform Relocation Assistance and Real pealed. Property Acquisition Policies Act of 1970 (42 (c) REPORT ON THE ASBESTOS TRUST Subtitle B—Environmental Protection U.S.C. 4604(b)(2)) is repealed. FUND.—Paragraph (2) of section 5(c) of the Agency (j) REPORT ON FEDERAL RAILROAD SAFETY Asbestos Hazard Emergency Response Act of SEC. 2021. REPORTS ELIMINATED. ACT OF 1970.—Section 211 of the Federal Rail- 1986 (20 U.S.C. 4022(c)) is repealed. (a) REPORT ON ALLOCATION OF WATER.—Sec- road Safety Act of 1970 (45 U.S.C. 440) is re- SEC. 1132. REPORTS MODIFIED. tion 102 of the Federal Water Pollution Con- pealed. (a) REPORT ON THE WORLD CUP USA 1994 trol Act (33 U.S.C. 1252) is amended by strik- (k) REPORT ON RAILROAD FINANCIAL ASSIST- COMMEMORATIVE COIN ACT.—Subsection (g) of ing subsection (d). ANCE.—Section 308(d) of title 49, United section 205 of the World Cup USA 1994 Com- (b) REPORT ON VARIANCE REQUESTS.—Sec- States Code, is repealed. memorative Coin Act (31 U.S.C. 5112 note) is tion 301(n) of the Federal Water Pollution (l) REPORT ON USE OF ADVANCED TECH- amended by striking ‘‘month’’ and inserting Control Act (33 U.S.C. 1311(n)) is amended by NOLOGY BY THE AUTOMOBILE INDUSTRY.—Sec- ‘‘calendar quarter’’. striking paragraph (8). tion 305 of the Automotive Propulsion Re- (b) REPORTS ON VARIOUS FUNDS.—Sub- (c) REPORT ON IMPLEMENTATION OF CLEAN search and Development Act of 1978 (15 section (b) of section 321 of title 31, United LAKES PROJECTS.—Section 314(d) of the Fed- U.S.C. 2704) is amended by striking the last States Code, is amended— eral Water Pollution Control Act (33 U.S.C. sentence. (1) by striking ‘‘and’’ at the end of para- 1324(d)) is amended— (m) REPORT ON OBLIGATIONS.—Section 4(b) graph (5), (1) by striking paragraph (3); and of the Federal Transit Act (49 U.S.C. App. (2) by striking the period at the end of (2) by redesignating paragraph (4) as para- 1603(b)) is repealed. paragraph (6) and inserting ‘‘; and’’, and graph (3). (d) REPORT ON USE OF MUNICIPAL SECOND- (n) REPORT ON SUSPENDED LIGHT RAIL SYS- (3) by adding after paragraph (6) the follow- ARY EFFLUENT AND SLUDGE.—Section 516 of TEM TECHNOLOGY PILOT PROJECT.—Section ing new paragraph: 26(c)(11) of the Federal Transit Act (49 U.S.C. ‘‘(7) notwithstanding any other provision the Federal Water Pollution Control Act (33 App. 1622(c)(11)) is repealed. of law, fulfill any requirement to issue a re- U.S.C. 1375) (as amended by subsection (g)) is further amended— (o) REPORT ON SAINT LAWRENCE SEAWAY port on the financial condition of any fund (1) by striking subsection (c); and DEVELOPMENT CORPORATION.—Section 10(a) of on the books of the Treasury by including the Act of May 13, 1954 (68 Stat. 96, chapter the required information in a consolidated (2) by redesignating subsections (d) and (e) 201; 33 U.S.C. 989(a)) is repealed. report, except that information with respect as subsections (c) and (d), respectively. (e) REPORT ON CERTAIN WATER QUALITY (p) REPORTS ON PIPELINES ON FEDERAL to a specific fund shall be separately re- STANDARDS AND PERMITS.—Section 404 of the LANDS.—Section 28(w)(4) of the Mineral ported if the Secretary determines that the Water Quality Act of 1987 (Public Law 100–4; Leasing Act (30 U.S.C. 185(w)(4)) is repealed. consolidation of such information would re- 33 U.S.C. 1375 note) is amended— (q) REPORTS ON PIPELINE SAFETY.— sult in an unwarranted delay in the avail- (1) by striking subsection (c); and (1) REPORT ON NATURAL GAS PIPELINE SAFE- ability of such information.’’. (2) by redesignating subsection (d) as sub- TY ACT OF 1968.—Section 16(a) of the Natural (c) REPORT ON THE JAMES MADISON-BILL OF section (c). Gas Pipeline Safety Act of 1968 (49 U.S.C. RIGHTS COMMEMORATIVE COIN ACT.—Sub- (f) REPORT ON CLASS V WELLS.—Section section (c) of section 506 of the James Madi- App. 1683(a)) is amended in the first sentence 1426 of title XIV of the Public Health Service son-Bill of Rights Commemorative Coin Act by striking ‘‘of each year’’ and inserting ‘‘of Act (commonly known as the ‘‘Safe Drinking (31 U.S.C. 5112 note) is amended by striking each odd-numbered year’’. Water Act’’) (42 U.S.C. 300h–5) is amended— (2) REPORT ON HAZARDOUS LIQUID PIPELINE out ‘‘month’’ and inserting in lieu thereof (1) in subsection (a), by striking ‘‘(a) MON- SAFETY ACT OF 1979.—Section 213 of the Haz- ‘‘calendar quarter’’. ITORING METHODS.—’’; and ardous Liquid Pipeline Safety Act of 1979 (49 Subtitle N—Department of Veterans Affairs (2) by striking subsection (b). U.S.C. App. 2012) is amended in the first sen- SEC. 1141. REPORTS ELIMINATED. (g) REPORT ON SOLE SOURCE AQUIFER DEM- tence by striking ‘‘of each year’’ and insert- (a) REPORT ON ADEQUACY OF RATES FOR ONSTRATION PROGRAM.—Section 1427 of title ing ‘‘of each odd-numbered year’’. STATE HOME CARE.—Section 1741 of such title XIV of the Public Health Service Act (com- SEC. 1122. REPORTS MODIFIED. is amended— monly known as the ‘‘Safe Drinking Water (a) REPORT ON OIL SPILL LIABILITY TRUST (1) by striking out subsection (c); and Act’’) (42 U.S.C. 300h–6) is amended— FUND.—The quarterly report regarding the (2) by redesignating subsections (d) and (e) (1) by striking subsection (l); and Oil Spill Liability Trust Fund required to be as subsections (c) and (d), respectively. (2) by redesignating subsections (m) and (n) submitted to the House and Senate Commit- (b) REPORT ON LOANS TO PURCHASE MANU- as subsections (l) and (m), respectively. tees on Appropriations under House Report FACTURED HOMES.—Section 3712 of such title (h) REPORT ON SUPPLY OF SAFE DRINKING 101–892, accompanying the appropriations for is amended— WATER.—Section 1442 of title XIV of the Pub- the Coast Guard in the Department of Trans- (1) by striking out subsection (l); and lic Health Service Act (commonly known as portation and Related Agencies Appropria- (2) by redesignating subsection (m) as sub- the ‘‘Safe Drinking Water Act’’) (42 U.S.C. tions Act, 1991, shall be submitted not later section (l). 300h–6) is amended— H 12218 CONGRESSIONAL RECORD — HOUSE November 14, 1995 (1) by striking subsection (c); Subtitle F—Federal Deposit Insurance amended by striking out ‘‘The’’ and insert- (2) by redesignating subsection (d) as sub- Corporation ing in lieu thereof ‘‘Upon request, the’’. section (c); and SEC. 2061. REPORTS ELIMINATED. Subtitle L—National Aeronautics and Space (3) by redesignating subsections (f) and (g) Section 102(b)(1) of the Federal Deposit In- Administration as subsections (d) and (e), respectively. surance Corporation Improvement Act of SEC. 2121. REPORTS ELIMINATED. (i) REPORT ON NONNUCLEAR ENERGY AND 1991 (Public Law 102–242; 105 Stat. 2237; 12 Section 21(g) of the Small Business Act (15 TECHNOLOGIES.—Section 11 of the Federal U.S.C. 1825 note) is amended to read as fol- U.S.C. 648(g)) is amended to read as follows: Nonnuclear Energy Research and Develop- lows: ‘‘(g) NATIONAL AERONAUTICS AND SPACE AD- ment Act of 1974 (42 U.S.C. 5910) is repealed. ‘‘(1) QUARTERLY REPORTING.—Not later MINISTRATION AND REGIONAL TECHNOLOGY (j) REPORT ON EMISSIONS AT COAL-BURNING than 90 days after the end of any calendar TRANSFER CENTERS.—The National Aero- POWERPLANTS.— quarter in which the Federal Deposit Insur- nautics and Space Administration and re- (1) Section 745 of the Powerplant and In- ance Corporation (hereafter in this section gional technology transfer centers supported dustrial Fuel Use Act of 1978 (42 U.S.C. 8455) referred to as the ‘Corporation’) has any ob- by the National Aeronautics and Space Ad- is repealed. ligations pursuant to section 14 of the Fed- ministration are authorized and directed to (2) The table of contents in section 101(b) of eral Deposit Insurance Act outstanding, the cooperate with small business development such Act (42 U.S.C. prec. 8301) is amended by Comptroller General of the United States centers participating in the program.’’. striking the item relating to section 745. shall submit a report on the Corporation’s Subtitle M—National Council on Disability (k) 5-YEAR PLAN FOR ENVIRONMENTAL RE- compliance at the end of that quarter with SEC. 2131. REPORTS ELIMINATED. SEARCH, DEVELOPMENT, AND DEMONSTRA- section 15(c) of the Federal Deposit Insur- TION.— ance Act to the Committee on Banking, Section 401(a) of the Rehabilitation Act of (1) Section 5 of the Environmental Re- Housing, and Urban Affairs of the Senate and 1973 (29 U.S.C. 781(a)) is amended— search, Development, and Demonstration the Committee on Banking, Finance and (1) by striking paragraph (9); and Authorization Act of 1976 (42 U.S.C. 4361) is Urban Affairs of the House of Representa- (2) by redesignating paragraphs (10) and repealed. tives. Such a report shall be included in the (11) as paragraphs (9) and (10), respectively. (2) Section 4 of the Environmental Re- Comptroller General’s audit report for that Subtitle N—National Science Foundation search, Development, and Demonstration year, as required by section 17 of the Federal SEC. 2141. REPORTS ELIMINATED. Deposit Insurance Act.’’. Authorization Act of 1978 (42 U.S.C. 4361a) is (a) STRATEGIC PLAN FOR SCIENCE AND ENGI- repealed. Subtitle G—Federal Emergency Management NEERING EDUCATION.—Section 107 of the Edu- (3) Section 8 of such Act (42 U.S.C. 4365) is Agency cation for Economic Security Act (20 U.S.C. amended— SEC. 2071. REPORTS ELIMINATED. 3917) is repealed. (A) by striking subsection (c); and Section 201(h) of the Federal Civil Defense (b) BUDGET ESTIMATE.—Section 14 of the (B) by redesignating subsections (d) Act of 1950 (50 U.S.C. App. 2281(h)) is amend- National Science Foundation Act of 1950 (42 through (i) as subsections (c) through (h), re- ed by striking the second proviso. U.S.C. 1873) is amended by striking sub- spectively. Subtitle H—Federal Retirement Thrift section (j). (l) PLAN ON ASSISTANCE TO STATES FOR Investment Board Subtitle O—National Transportation Safety RADON PROGRAMS.—Section 305 of the Toxic SEC. 2081. REPORTS ELIMINATED. Board Substances Control Act (15 U.S.C. 2665) is Section 9503 of title 31, United States Code, SEC. 2151. REPORTS MODIFIED. amended— is amended by adding at the end thereof the Section 305 of the Independent Safety (1) by striking subsection (d); and following new subsection: Board Act of 1974 (49 U.S.C. 1904) is amend- (2) by redesignating subsections (e) and (f) ‘‘(c) The requirements of this section are ed— as subsections (d) and (e), respectively. satisfied with respect to the Thrift Savings (1) in paragraph (2) by adding ‘‘and’’ after Subtitle C—Equal Employment Opportunity Plan described under subchapter III of chap- the semicolon; Commission ter 84 of title 5, by preparation and trans- (2) in paragraph (3) by striking out ‘‘; and’’ mission of the report described under section and inserting in lieu thereof a period; and SEC. 2031. REPORTS MODIFIED. 8439(b) of such title.’’. Section 705(k)(2)(C) of the Civil Rights Act (3) by striking out paragraph (4). Subtitle I—General Services Administration of 1964 (42 U.S.C. 2000e–4(k)(2)(C)) is amend- Subtitle P—Neighborhood Reinvestment ed— SEC. 2091. REPORTS ELIMINATED. Corporation (a) REPORT ON PROPERTIES CONVEYED FOR (1) in the matter preceding clause (i), by SEC. 2161. REPORTS ELIMINATED. HISTORIC MONUMENTS AND CORRECTIONAL FA- striking ‘‘including’’ and inserting ‘‘includ- Section 607(c) of the Neighborhood Rein- CILITIES.—Section 203(o) of the Federal Prop- ing information, presented in the aggregate, vestment Corporation Act (42 U.S.C. 8106(c)) erty and Administrative Services Act of 1949 relating to’’; is amended by striking the second sentence. (40 U.S.C. 484(o)) is amended— (2) in clause (i), by striking ‘‘the identity Subtitle Q—Nuclear Regulatory Commission of each person or entity’’ and inserting ‘‘the (1) by striking out paragraph (1); number of persons and entities’’; (2) by redesignating paragraphs (2) and (3) SEC. 2171. REPORTS MODIFIED. (3) in clause (ii), by striking ‘‘such person as paragraphs (1) and (2), respectively; and Section 208 of the Energy Reorganization or entity’’ and inserting ‘‘such persons and (3) in paragraph (2) (as so redesignated) by Act of 1974 (42 U.S.C. 5848) is amended by entities’’; and striking out ‘‘paragraph (2)’’ and inserting in striking ‘‘each quarter a report listing for (4) in clause (iii)— lieu thereof ‘‘paragraph (3)’’. that period’’ and inserting ‘‘an annual report (b) REPORT ON PROPOSED SALE OF SURPLUS (A) by striking ‘‘fee’’ and inserting ‘‘fees’’; listing for the previous fiscal year’’. REAL PROPERTY AND REPORT ON NEGOTIATED and Subtitle R—Office of Personnel Management SALES.—Section 203(e)(6) of the Federal (B) by striking ‘‘such person or entity’’ and Property and Administrative Services Act of SEC. 2181. REPORTS ELIMINATED. inserting ‘‘such persons and entities’’. 1949 (40 U.S.C. 484(e)(6)) is repealed. (a) REPORT ON SENIOR EXECUTIVE SERV- Subtitle D—Federal Aviation Administration (c) REPORT ON PROPERTIES CONVEYED FOR ICE.—(1) Section 3135 of title 5, United States Code, is repealed. SEC. 2041. REPORTS ELIMINATED. WILDLIFE CONSERVATION.—Section 3 of the Act entitled ‘‘An Act authorizing the trans- (2) The table of sections for chapter 31 of Section 7207(c)(4) of the Anti-Drug Abuse fer of certain real property for wildlife, or title 5, United States Code, is amended by Act of 1988 (Public Law 100–690; 102 Stat. 4428; other purposes.’’, approved May 19, 1948 (16 striking out the item relating to section 49 U.S.C. App. 1354 note) is amended— U.S.C. 667d; 62 Stat. 241) is amended by strik- 3135. (1) by striking out ‘‘GAO’’; and ing out ‘‘and shall be included in the annual (b) REPORT ON PERFORMANCE AWARDS.— (2) by striking out ‘‘the Comptroller Gen- budget transmitted to the Congress’’. Section 4314(d) of title 5, United States Code, eral’’ and inserting in lieu thereof ‘‘the De- is repealed. Subtitle J—Interstate Commerce Commission partment of Transportation Inspector Gen- (c) REPORT ON TRAINING PROGRAMS.—(1) eral’’. SEC. 2101. REPORTS ELIMINATED. Section 4113 of title 5, United States Code, is Section 10327(k) of title 49, United States repealed. Subtitle E—Federal Communications Code, is amended to read as follows: Commission (2) The table of sections for chapter 41 of ‘‘(k) If an extension granted under sub- title 5, United States Code, is amended by SEC. 2051. REPORTS ELIMINATED. section (j) is not sufficient to allow for com- striking out the item relating to section (a) REPORT TO THE CONGRESS UNDER THE pletion of necessary proceedings, the Com- 4113. COMMUNICATIONS SATELLITE ACT OF 1962.— mission may grant a further extension in an (d) REPORT ON PREVAILING RATE SYSTEM.— Section 404(c) of the Communications Sat- extraordinary situation if a majority of the Section 5347(e) of title 5, United States Code, ellite Act of 1962 (47 U.S.C. 744(c)) is repealed. Commissioners agree to the further exten- is amended by striking out the fourth and (b) REIMBURSEMENT FOR AMATEUR EXAM- sion by public vote.’’. fifth sentences. INATION EXPENSES.—Section 4(f)(4)(J) of the Subtitle K—Legal Services Corporation (e) REPORT ON ACTIVITIES OF THE MERIT Communications Act of 1934 (47 U.S.C. SEC. 2111. REPORTS MODIFIED. SYSTEMS PROTECTION BOARD AND THE OFFICE 154(f)(4)(J)) is amended by striking out the Section 1009(c)(2) of the Legal Services OF PERSONNEL MANAGEMENT.—Section 2304 of last sentence. Corporation Act (42 U.S.C. 2996h(c)(2)) is title 5, United States Code, is amended— November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12219 (1) in subsection (a) by striking out ‘‘(a)’’; Subtitle X—United States Information SEC. 3003. TERMINATION OF REPORTING RE- and Agency QUIREMENTS. (2) by striking subsection (b). SEC. 2241. REPORTS ELIMINATED. (a) TERMINATION.— (1) IN GENERAL.—Subject to the provisions SEC. 2182. REPORTS MODIFIED. Notwithstanding section 601(c)(4) of the Foreign Service Act of 1980 (22 U.S.C. of paragraph (2), each provision of law re- (a) REPORT ON DISTRICT OF COLUMBIA RE- quiring the submittal to Congress (or any TIREMENT FUND.—Section 145 of the District 4001(c)(4)), the reports otherwise required under such section shall not cover the activi- committee of the Congress) of any annual, of Columbia Retirement Reform Act (Public semiannual, or other regular periodic report Law 96–122; 93 Stat. 882) is amended— ties of the United States Information Agen- cy. specified on the list described under sub- (1) in subsection (b)— section (c) shall cease to be effective, with (A) in paragraph (1)— TITLE III—REPORTS BY ALL DEPARTMENTS AND AGENCIES respect to that requirement, 4 years after (i) by striking out ‘‘(1)’’; the date of the enactment of this Act. (ii) by striking out ‘‘and the Comptroller SEC. 3001. REPORTS ELIMINATED. (2) EXCEPTION.—The provisions of para- (a) REPORT ON PART-TIME EMPLOYMENT.— General shall each’’ and inserting in lieu graph (1) shall not apply to any report re- (1) Section 3407 of title 5, United States Code, thereof ‘‘shall’’; and quired under— is repealed. (iii) by striking out ‘‘each’’; and (A) the Inspector General Act of 1978 (5 (B) by striking out paragraph (2); and (2) The table of sections for chapter 34 of title 5, United States Code, is amended by U.S.C. App.); or (2) in subsection (d), by striking out ‘‘the (B) the Chief Financial Officers Act of 1990 Comptroller General and’’ each place it ap- striking out the item relating to section 3407. (Public Law 101–576), including provisions en- pears. acted by the amendments made by that Act. (b) REPORT ON REVOLVING FUND.—Section (b) BUDGET INFORMATION ON CONSULTING SERVICES.—(1) Section 1114 of title 31, United (b) IDENTIFICATION OF WASTEFUL RE- 1304(e)(6) of title 5, United States Code, is PORTS.—The President shall include in the amended by striking out ‘‘at least once every States Code, is repealed. (2) The table of sections for chapter 11 of first annual budget submitted pursuant to three years’’. title 31, United States Code, is amended by section 1105 of title 31, United States Code, Subtitle S—Office of Thrift Supervision striking out the item relating to section after the date of enactment of this Act a list of reports that the President has determined SEC. 2191. REPORTS MODIFIED. 1114. EMIANNUAL REPORT ON LOBBYING.— are unnecessary or wasteful and the reasons Section 18(c)(6)(B) of the Federal Home (c) S Section 1352 of title 31, United States Code, for such determination. Loan Bank Act (12 U.S.C. 1438(c)(6)(B)) is is amended by— (c) LIST OF REPORTS.—The list referred to amended— (1) striking out subsection (d); and under subsection (a) is the list prepared by (1) by striking out ‘‘annually’’; (2) redesignating subsections (e), (f), (g), the Clerk of the House of Representatives for (2) by striking out ‘‘audit, settlement,’’ and (h) as subsections (d), (e), (f), and (g), re- the first session of the 103d Congress under and inserting in lieu thereof ‘‘settlement’’; spectively. clause 2 of rule III of the Rules of the House and (d) REPORTS ON PROGRAM FRAUD AND CIVIL of Representatives (House Document No. 103– (3) by striking out ‘‘, and the first audit’’ REMEDIES.—(1) Section 3810 of title 31, Unit- 7). and all that follows through ‘‘enacted’’. ed States Code, is repealed. AMENDMENT IN THE NATURE OF A SUBSTITUTE Subtitle T—Panama Canal Commission (2) The table of sections for chapter 38 of OFFERED BY MR. CLINGER title 31, United States Code, is amended by SEC. 2201. REPORTS ELIMINATED. Mr. CLINGER. Madam Speaker, I striking out the item relating to section (a) REPORTS ON PANAMA CANAL.—Section 3810. offer an amendment in the nature of a 1312 of the Panama Canal Act of 1979 (Public (e) REPORT ON RIGHT TO FINANCIAL PRIVACY substitute. Law 96–70; 22 U.S.C. 3722) is repealed. ACT.—Section 1121 of the Right to Financial The clerk read as follows: (b) TECHNICAL AND CONFORMING AMEND- Privacy Act of 1978 (12 U.S.C. 3421) is re- Amendment in the nature of a substitute MENT.—The table of contents in section 1 of pealed. offered by Mr. CLINGER: such Act is amended by striking out the (f) REPORT ON PLANS TO CONVERT TO THE Strike all after the enacting clause and in- item relating to section 1312. METRIC SYSTEM.—Section 12 of the Metric sert the following: Conversion Act of 1975 (15 U.S.C. 205j–1) is re- Subtitle U—Postal Service SECTION 1. SHORT TITLE. pealed. SEC. 2211. REPORTS MODIFIED. This Act may be cited as the ‘‘Federal Re- (g) REPORT ON TECHNOLOGY UTILIZATION ports Elimination and Sunset Act of 1995’’. (a) REPORT ON CONSUMER EDUCATION PRO- AND INTELLECTUAL PROPERTY RIGHTS.—Sec- GRAMS.—Section 4(b) of the mail Order tion 11(f) of the Stevenson-Wydler Tech- SEC. 2. TABLE OF CONTENTS. Consumer Protection Amendments of 1983 (39 nology Innovation Act of 1980 (15 U.S.C. The table of contents for this Act is as fol- U.S.C. 3001 note; Public Law 98–186; 97 Stat. 3710(f)) is repealed. lows: 1318) is amended to read as follows: (h) REPORT ON EXTRAORDINARY CONTRAC- Sec. 1. Short title. ‘‘(b) A summary of the activities carried TUAL ACTIONS TO FACILITATE THE NATIONAL Sec. 2. Table of contents. out under subsection (a) shall be included in DEFENSE.—Section 4(a) of the Act entitled TITLE I—DEPARTMENTS the first semiannual report submitted each ‘‘An Act to authorize the making, amend- year as required under section 5 of the In- ment, and modification of contracts to fa- Subtitle A—Department of Agriculture spector General Act of 1978 (5 U.S.C. App.).’’. cilitate the national defense’’, approved Au- Sec. 1011. Reports eliminated. (b) REPORT ON INVESTIGATIVE ACTIVITIES.— gust 28, 1958 (50 U.S.C. 1434(a)), is amended by Sec. 1012. Reports modified. Section 3013 of title 39, United States Code, striking out ‘‘all such actions taken’’ and in- Subtitle B—Department of Commerce is amended in the last sentence by striking serting in lieu thereof ‘‘if any such action Sec. 1021. Reports eliminated. out ‘‘the Board shall transmit such report to has been taken’’. Sec. 1022. Reports modified. the Congress’’ and inserting in lieu thereof (i) REPORTS ON DETAILING EMPLOYEES.— Subtitle C—Department of Defense ‘‘the information in such report shall be in- Section 619 of the Treasury, Postal Service, cluded in the next semiannual report re- and General Government Appropriations Sec. 1031. Reports eliminated. quired under section 5 of the Inspector Gen- Act, 1993 (Public Law 102–393; 106 Stat. 1769), Subtitle D—Department of Education is repealed. eral Act of 1978 (5 U.S.C. App.)’’. Sec. 1041. Reports eliminated. SEC. 3002. REPORTS MODIFIED. Subtitle V—Railroad Retirement Board Sec. 1042. Reports modified. Section 552b(j) of title 5, United States SEC. 2221. REPORTS MODIFIED. Code, is amended to read as follows: Subtitle E—Department of Energy Section 502 of the Railroad Retirement ‘‘(j) Each agency subject to the require- Sec. 1051. Reports eliminated. Solvency Act of 1983 (45 U.S.C. 231f–1) is ments of this section shall annually report Sec. 1052. Reports modified. amended by striking ‘‘On or before July 1, to the Congress regarding the following: Subtitle F—Department of Health and 1985, and each calendar year thereafter’’ and ‘‘(1) The changes in the policies and proce- Human Services dures of the agency under this section that inserting ‘‘As part of the annual report re- Sec. 1061. Reports eliminated. have occurred during the preceding 1-year quired under section 22(a) of the Railroad Re- Sec. 1062. Reports modified. tirement Act of 1974 (45 U.S.C. 231u(a))’’. period. ‘‘(2) A tabulation of the number of meet- Subtitle G—Department of Housing and Subtitle W—Thrift Depositor Protection ings held, the exemptions applied to close Urban Development Oversight Board meetings, and the days of public notice pro- Sec. 1071. Reports eliminated. SEC. 2231. REPORTS MODIFIED. vided to close meetings. Sec. 1072. Reports modified. Section 21A(k)(9) of the Federal Home ‘‘(3) A brief description of litigation or for- Subtitle H—Department of the Interior Loan Bank Act (12 U.S.C. 1441a(k)(9)) is mal complaints concerning the implementa- Sec. 1081. Reports eliminated. amended by striking out ‘‘the end of each tion of this section by the agency. Sec. 1082. Reports modified. calendar quarter’’ and inserting in lieu ‘‘(4) A brief explanation of any changes in thereof ‘‘June 30 and December 31 of each law that have affected the responsibilities of Subtitle I—Department of Justice calendar year’’. the agency under this section.’’. Sec. 1091. Reports eliminated. H 12220 CONGRESSIONAL RECORD — HOUSE November 14, 1995 Subtitle J—Department of Labor Subtitle X—United States Information National Scenic Area Act (16 U.S.C. Sec. 1101. Reports eliminated. Agency 544g(d)(3)) is amended by striking the second Sec. 1102. Reports modified. Sec. 2241. Reports eliminated. sentence. (o) REPORT ON INCOME AND EXPENDITURES Subtitle K—Department of State TITLE III—REPORTS BY ALL OF CERTAIN LAND ACQUISITIONS.—Section 2(e) DEPARTMENTS AND AGENCIES Sec. 1111. Reports eliminated. of Public Law 96–586 (94 Stat. 3382) is amend- Sec. 1112. International narcotics control. Sec. 3001. Reports eliminated. ed by striking the second sentence. Subtitle L—Department of Transportation Sec. 3002. Reports modified. (p) REPORT ON SPECIAL AREA DESIGNA- Sec. 3003. Termination of reporting require- Sec. 1121. Reports eliminated. TIONS.—Section 1506 of the Agriculture and ments. Sec. 1122. Reports modified. Food Act of 1981 (16 U.S.C. 3415) is repealed TITLE I—DEPARTMENTS and sections 1507, 1508, 1509, and 1511 of such Subtitle M—Department of the Treasury Subtitle A—Department of Agriculture Act are redesignated as sections 1506, 1507, Sec. 1131. Reports eliminated. SEC. 1011. REPORTS ELIMINATED. 1508, and 1509, respectively. Sec. 1132. Reports modified. (q) REPORT ON EVALUATION OF SPECIAL (a) REPORT ON MONITORING AND EVALUA- Subtitle N—Department of Veterans Affairs AREA DESIGNATIONS.—Section 1510 of the Ag- TION.—Section 1246 of the Food Security Act riculture and Food Act of 1981 (16 U.S.C. 3419) Sec. 1141. Reports eliminated. of 1985 (16 U.S.C. 3846) is repealed. is repealed. TITLE II—INDEPENDENT AGENCIES (b) REPORT ON RETURN ON ASSETS.—Section (r) REPORT ON AGRICULTURAL PRACTICES 2512 of the Food, Agriculture, Conservation, Subtitle A—Action AND WATER RESOURCES DATABASE DEVELOP- and Trade Act of 1990 (7 U.S.C. 1421b) is Sec. 2011. Reports eliminated. MENT.—Section 1485 of the Food, Agriculture, amended— Conservation, and Trade Act of 1990 (7 U.S.C. Subtitle B—Environmental Protection (1) in subsection (a), by striking ‘‘(a) IM- 5505) is amended— Agency PROVING’’ and all that follows through (1) in subsection (a), by striking ‘‘(a) RE- Sec. 2021. Reports eliminated. ‘‘FORECASTS.—’’; and POSITORY.—’’; and (2) by striking subsection (b). Subtitle C—Equal Employment Opportunity (2) by striking subsection (b). (c) REPORT ON FARM VALUE OF AGRICUL- Commission (s) REPORT ON PLANT GENOME MAPPING.— TURAL PRODUCTS.—Section 2513 of the Food, Sec. 2031. Reports modified. Section 1671 of the Food, Agriculture, Con- Agriculture, Conservation, and Trade Act of servation, and Trade Act of 1990 (7 U.S.C. Subtitle D—Federal Aviation 1990 (7 U.S.C. 1421c) is repealed. Administration 5924) is amended— (d) REPORT ON ORIGIN OF EXPORTS OF PEA- (1) by striking subsection (g); and Sec. 2041. Reports eliminated. NUTS.—Section 1558 of the Food, Agriculture, (2) by redesignating subsection (h) as sub- Conservation, and Trade Act of 1990 (7 U.S.C. Subtitle E—Federal Communications section (g). Commission 958) is repealed and sections 1559 and 1560 of (t) REPORT ON APPRAISAL OF PROPOSED such Act are redesignated as sections 1558 Sec. 2051. Reports eliminated. BUDGET FOR FOOD AND AGRICULTURAL and 1559, respectively. Subtitle F—Federal Deposit Insurance SCIENCES.—Section 1408(g) of the National (e) REPORT ON REPORTING OF IMPORTING Corporation Agricultural Research, Extension, and FEES.—Section 407 of the Agricultural Trade Teaching Policy Act of 1977 (7 U.S.C. 3123(g)) Sec. 2061. Reports eliminated. Development and Assistance Act of 1954 (7 is amended— U.S.C. 1736a) is amended— Subtitle G—Federal Emergency Management (1) by striking paragraph (2); and (1) by striking subsection (b); and Agency (2) by redesignating paragraph (3) as para- (2) by redesignating subsections (c) Sec. 2071. Reports eliminated. graph (2). through (h) as subsections (b) through (g), Subtitle H—Federal Retirement Thrift (u) REPORT ON ECONOMIC IMPACT OF ANIMAL respectively. Investment Board DAMAGE ON AQUACULTURE INDUSTRY.—Sec- (f) REPORT ON AGRICULTURAL INFORMATION tion 1475(e) of the National Agricultural Re- Sec. 2081. Reports eliminated. EXCHANGE WITH IRELAND.—Section 1420 of search, Extension, and Teaching Policy Act Subtitle I—General Services Administration the Food Security Act of 1985 (Public Law of 1977 (7 U.S.C. 3322(e)) is amended— 99–198; 99 Stat. 1551) is amended— Sec. 2091. Reports eliminated. (1) in paragraph (1), by striking ‘‘(1)’’; and (1) in subsection (a), by striking ‘‘(a)’’; and Subtitle J—Interstate Commerce (2) by striking paragraph (2). (2) by striking subsection (b). Commission (v) REPORT ON AWARDS MADE BY THE NA- (g) REPORT ON POTATO INSPECTION.—Sec- TIONAL RESEARCH INITIATIVE AND SPECIAL Sec. 2101. Reports eliminated. tion 1704 of the Food Security Act of 1985 GRANTS.—Section 2 of the Act of August 4, Subtitle K—Legal Services Corporation (Public Law 99–198; 7 U.S.C. 499n note) is 1965 (7 U.S.C. 450i), is amended— amended by striking the second sentence. Sec. 2111. Reports modified. (1) by striking subsection (l); and (h) REPORT ON TRANSPORTATION OF FER- Subtitle L—National Aeronautics and Space (2) by redesignating subsection (m) as sub- TILIZER AND AGRICULTURAL CHEMICALS.—Sec- Administration section (l). tion 2517 of the Food, Agriculture, Conserva- (w) REPORT ON PAYMENTS MADE UNDER RE- Sec. 2121. Reports eliminated. tion, and Trade Act of 1990 (Public Law 101– SEARCH FACILITIES ACT.—Section 8 of the Re- Subtitle M—National Council on Disability 624; 104 Stat. 4077) is repealed and sections search Facilities Act (7 U.S.C. 390i) is re- 2518 and 2519 of such Act are redesignated as Sec. 2131. Reports eliminated. pealed. sections 2517 and 2518, respectively. Subtitle N—National Science Foundation (x) REPORT ON FINANCIAL AUDIT REVIEWS OF (i) REPORT ON UNIFORM END-USE VALUE STATES WITH HIGH FOOD STAMP PARTICIPA- Sec. 2141. Reports eliminated. TESTS.—Section 307 of the Futures Trading TION.—The first sentence of section 11(l) of Subtitle O—National Transportation Safety Act of 1986 (Public Law 99–641; 7 U.S.C. 76 the Food Stamp Act of 1977 (7 U.S.C. 2020(l)) Board note) is amended by striking subsection (c). is amended by striking ‘‘, and shall, upon (j) REPORT ON PROJECT AREAS WITH HIGH Sec. 2151. Reports modified. completion of the audit, provide a report to FOOD STAMP PAYMENT ERROR RATES.—Sec- Subtitle P—Neighborhood Reinvestment Congress of its findings and recommenda- tion 16(i) of the Food Stamp Act of 1977 (7 Corporation tions within one hundred and eighty days’’. U.S.C. 2025(i)) is amended by striking para- (y) REPORT ON RURAL TELEPHONE BANK.— Sec. 2161. Reports eliminated. graph (3). Section 408(b)(3) of the Rural Electrification Subtitle Q—Nuclear Regulatory Commission (k) REPORT ON EFFECT OF EFAP DISPLACE- Act of 1936 (7 U.S.C. 948(b)(3)) is amended by MENT ON COMMERCIAL SALES.—Section Sec. 2171. Reports modified. striking out subparagraph (I) and redesignat- 203C(a) of the Emergency Food Assistance Subtitle R—Office of Personnel Management ing subparagraph (J) as subparagraph (I). Act of 1983 (7 U.S.C. 612c note) is amended by (z) CONFORMING AMENDMENTS.—The table of Sec. 2181. Reports eliminated. striking the last sentence. Sec. 2182. Reports modified. contents appearing in section 1(b) of the (l) REPORT ON WIC EXPENDITURES AND PAR- Food, Agriculture, Conservation, and Trade Subtitle S—Office of Thrift Supervision TICIPATION LEVELS.—Section 17(m) of the Act of 1990 is amended— Child Nutrition Act of 1966 (42 U.S.C. 1786(m)) Sec. 2191. Reports modified. (1) by striking the items relating to sec- is amended— Subtitle T—Panama Canal Commission tions 1558, 1559, and 1560 and inserting the (1) by striking paragraph (9); and Sec. 2201. Reports eliminated. following: (2) by redesignating paragraphs (10) and Subtitle U—Postal Service (11) as paragraphs (9) and (10), respectively. ‘‘Sec. 1558. Sense of Congress concerning Sec. 2211. Reports modified. (m) REPORT ON DEMONSTRATIONS INVOLVING rebalancing proposal of the Eu- ropean community. Subtitle V—Railroad Retirement Board INNOVATIVE HOUSING UNITS.—Section 506(b) of the Housing Act of 1949 (42 U.S.C. 1476(b)) ‘‘Sec. 1559. Sense of the Senate regarding Sec. 2221. Reports modified. is amended by striking the last sentence. multilateral trade Subtitle W—Thrift Depositor Protection (n) REPORT ON LAND EXCHANGES IN COLUM- negotations.’’; Oversight Board BIA RIVER GORGE NATIONAL SCENIC AREA.— (2) by striking the item relating to section Sec. 2231. Reports modified. Section 9(d)(3) of the Columbia River Gorge 2513; and November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12221 (C) by striking the items relating to sec- Communications Act of 1934 (47 U.S.C. established under section 401 of the Jobs tions 2517, 2518, and 2519 and inserting the 393a(b)) is repealed. Through Exports Act of 1992 (15 U.S.C. 4723a); following: (c) REPORT ON STATUS, ACTIVITIES, AND EF- ‘‘(H) the implementation of sections 301 ‘‘Sec. 2517. Establishing quality as a goal for FECTIVENESS OF UNITED STATES COMMERCIAL and 302 of the Freedom for Russia and Commodity Credit Corporation CENTERS IN ASIA, LATIN AMERICA, AND AFRICA Emerging Democracies and Open Markets programs. AND PROGRAM RECOMMENDATIONS.—Section Support Act of 1992 (22 U.S.C. 5821 and 5822) ‘‘Sec. 2518. Severability.’’. 401(j) of the Jobs Through Exports Act of 1992 concerning American Business Centers and SEC. 1012. REPORTS MODIFIED. (15 U.S.C. 4723a(j)) is repealed. the Independent States Business and Agri- (a) REPORT ON ANIMAL WELFARE ENFORCE- (d) REPORT ON KUWAIT RECONSTRUCTION culture Advisory Council; MENT.—The first sentence of section 25 of the CONTRACTS.—Section 606(f) of the Persian ‘‘(I) the programs of other industrialized Animal Welfare Act (7 U.S.C. 2155) is amend- Gulf Conflict Supplemental Authorization nations to assist their companies with their ed— and Personnel Benefits Act of 1991 is re- efforts to transact business in the independ- (1) by striking ‘‘and’’ at the end of para- pealed. ent states of the former Soviet Union; and graph (3); (e) REPORT ON UNITED STATES-CANADA ‘‘(J) the trading practices of other Organi- (2) by striking the period at the end of FREE-TRADE AGREEMENT.—Section 409(a)(3) zation for Economic Cooperation and Devel- paragraph (4) and inserting ‘‘; and’’; and of the United States-Canada Free-Trade opment nations, as well as the pricing prac- (3) by adding at the end the following new Agreement Implementation Act of 1988 (19 tices of transitional economies in the inde- paragraph: U.S.C. 2112 note) is amended to read as fol- pendent states, that may disadvantage Unit- ‘‘(5) the information and recommendations lows: ed States companies.’’. described in section 11 of the Horse Protec- ‘‘(3) The United States members of the Subtitle C—Department of Defense tion Act of 1970 (15 U.S.C. 1830).’’. working group established under article 1907 (b) REPORT ON HORSE PROTECTION ENFORCE- of the Agreement shall consult regularly SEC. 1031. REPORTS ELIMINATED. MENT.—Section 11 of the Horse Protection with the Committee on Finance of the Sen- (a) REPORT ON SEMATECH.—The National Act of 1970 (15 U.S.C. 1830) is amended by ate, the Committee on Ways and Means of Defense Authorization Act for Fiscal Years striking ‘‘On or before the expiration of thir- the House of Representatives, and advisory 1988 and 1989 (Public Law 100–180; 101 Stat. ty calendar months following the date of en- committees established under section 135 of 1071) is amended— actment of this Act, and every twelve cal- the Trade Act of 1974 regarding— (1) in section 6 by striking out the item re- endar months thereafter, the Secretary shall ‘‘(A) the issues being considered by the lating to section 274; and submit to the Congress a report upon’’ and working group; and (2) by striking out section 274. inserting the following: ‘‘As part of the re- ‘‘(B) as appropriate, the objectives and (b) REPORT ON REVIEW OF DOCUMENTATION port submitted by the Secretary under sec- strategy of the United States in the negotia- IN SUPPORT OF WAIVERS FOR PEOPLE ENGAGED tion 25 of the Animal Welfare Act (7 U.S.C. tions.’’. IN ACQUISITION ACTIVITIES.— (1) IN GENERAL.—Section 1208 of the Na- 2155), the Secretary shall include informa- (f) REPORT ON ESTABLISHMENT OF AMERICAN tional Defense Authorization Act for Fiscal tion on’’. BUSINESS CENTERS AND ON ACTIVITIES OF THE (c) REPORT ON AGRICULTURAL QUARANTINE Year 1991 (10 U.S.C. 1701 note) is repealed. INDEPENDENT STATES BUSINESS AND AGRI- INSPECTION FUND.—The Secretary of Agri- (2) CLERICAL AMENDMENT TO TABLE OF CON- CULTURE ADVISORY COUNCIL.—Section 305 of culture shall not be required to submit a re- the Freedom for Russia and Emerging Eur- TENTS.—Section 2(b) of such Act is amended port to the appropriate committees of Con- asian Democracies and Open Markets Sup- by striking out the item relating to section gress on the status of the Agricultural Quar- port Act of 1992 (22 U.S.C. 5825) is repealed. 1208. antine Inspection fund more frequently than (g) REPORT ON FISHERMAN’S CONTINGENCY Subtitle D—Department of Education annually. FUND REPORT.—Section 406 of the Outer Con- (d) REPORT ON PRIORITIES FOR RESEARCH, SEC. 1041. REPORTS ELIMINATED. tinental Shelf Lands Act Amendments of EXTENSION, AND TEACHING.—Section 1407(f)(1) (a) REPORT ON PERSONNEL REDUCTION AND of the National Agricultural Research, Ex- 1978 (43 U.S.C. 1846) is repealed. ANNUAL LIMITATIONS.—Subsection (a) of sec- tension, and Teaching Policy Act of 1977 (7 (h) REPORT ON USER FEES ON SHIPPERS.— tion 403 of the Department of Education Or- U.S.C. 3122(f)(1)) is amended— Section 208 of the Water Resources Develop- ganization Act (20 U.S.C. 3463(a)) is amended (1) in the paragraph heading, by striking ment Act of 1986 (33 U.S.C. 2236) is amended in paragraph (2), by striking all beginning by— ‘‘ANNUAL REPORT’’ and inserting ‘‘REPORT’’; with ‘‘and shall,’’ through the end thereof and (1) striking subsection (b); and and inserting a period. (2) by striking ‘‘Not later than June 30 of (2) redesignating subsections (c), (d), (e), (b) REPORT ON SUPPORTED EMPLOYMENT AC- each year’’ and inserting ‘‘At such times as and (f) as subsections (b), (c), (d), and (e), re- TIVITIES.—Subsection (c) of section 311 of the the Joint Council determines appropriate’’. spectively. Rehabilitation Act of 1973 (29 U.S.C. 777a(c)) (e) 5-YEAR PLAN FOR FOOD AND AGRICUL- SEC. 1022. REPORTS MODIFIED. is amended— TURAL SCIENCES.—Section 1407(f)(2) of the (a) REPORT ON FEDERAL TRADE PROMOTION (1) in paragraph (2) by adding at the end National Agricultural Research, Extension, STRATEGIC PLAN.—Section 2312(f) of the Ex- ‘‘and’’; and Teaching Policy Act of 1977 (7 U.S.C. port Enhancement Act of 1988 (15 U.S.C. (2) by striking paragraph (3); and 3122(f)(2)) is amended by striking the second 4727(f) is amended to read as follows: (3) by redesignating paragraph (4) as para- sentence. ‘‘(f) REPORT TO THE CONGRESS.—The chair- graph (3). (f) REPORT ON EXAMINATION OF FEDERALLY person of the TPCC shall prepare and submit (c) REPORT ON THE CLIENT ASSISTANCE PRO- SUPPORTED AGRICULTURAL RESEARCH AND EX- to the Committee on Banking, Housing, and GRAM.—Subsection (g) of section 112 of the TENSION PROGRAMS.—Section 1408(g)(1) of the Urban Affairs of the Senate, and the Com- Rehabilitation Act of 1973 (29 U.S.C. 732(g)) is National Agricultural Research, Extension, mittee on International Relations of the amended— and Teaching Policy Act of 1977 (7 U.S.C. House of Representatives, not later than (1) by striking paragraphs (4) and (5); and 3123(g)(1)) is amended by inserting ‘‘may pro- September 30, 1995, and annually thereafter, (2) in paragraph (6), by striking ‘‘such re- vide’’ before ‘‘a written report’’. a report describing— port or for any other’’ and inserting ‘‘any’’. (g) REPORT ON EFFECTS OF FOREIGN OWNER- ‘‘(1) the strategic plan developed by the (d) REPORT ON THE SUMMARY OF LOCAL SHIP OF AGRICULTURAL LAND.—Section 5(b) of TPCC pursuant to subsection (c), the imple- EVALUATIONS OF COMMUNITY EDUCATION EM- the Agricultural Foreign Investment Disclo- mentation of such plan, and any revisions PLOYMENT CENTERS.—Section 370 of the Carl sure Act of 1978 (7 U.S.C. 3504(b)) is amended thereto; and D. Perkins Vocational and Applied Tech- to read as follows: ‘‘(2) the implementation of sections 303 and nology Act (20 U.S.C. 2396h) is amended— ‘‘(b) An analysis and determination shall 304 of the Freedom for Russia and Emerging (1) in the section heading, by striking be made, and a report on the Secretary’s Democracies and Open Markets Support Act ‘‘AND REPORT’’; findings and conclusions regarding such of 1992 (22 U.S.C. 5823 and 5824) concerning (2) in subsection (a), by striking ‘‘(a) LOCAL analysis and determination under subsection funding for export promotion activities and EVALUATION.—’’; and (a) shall be transmitted within 90 days after the interagency working groups on energy of (3) by striking subsection (b). the end of each of the following periods: the TPCC.’’. (e) REPORT ON THE ADMINISTRATION OF THE ‘‘(1) The period beginning on the date of (b) REPORT ON EXPORT POLICY.—Section VOCATIONAL EDUCATION ACT OF 1917.—Section the enactment of the Federal Reports Elimi- 2314(b)(1) of the Export Enhancement Act of 18 of the Vocational Education Act of 1917 (20 nation and Sunset Act of 1995 and ending on 1988 (15 U.S.C. 4729(b)(1)) is amended— U.S.C. 28) is repealed. December 31, 1995. (1) in subparagraph (E) by striking out (f) REPORT BY THE INTERDEPARTMENTAL ‘‘(2) Each 10-year period thereafter.’’. ‘‘and’’ after the semicolon; TASK FORCE ON COORDINATING VOCATIONAL Subtitle B—Department of Commerce (2) in subparagraph (F) by striking out the EDUCATION AND RELATED PROGRAMS.—Sub- SEC. 1021. REPORTS ELIMINATED. period and inserting in lieu thereof a semi- section (d) of section 4 of the Carl D. Perkins (a) REPORT ON VOTING REGISTRATION.—Sec- colon; and Vocational and Applied Technology Edu- tion 207 of the Voting Rights Act of 1965 (42 (3) by adding at the end thereof the follow- cation Act Amendments of 1990 (20 U.S.C. U.S.C. 1973aa–5) is repealed. ing new subparagraphs: 2303(d)) is repealed. (b) REPORT ON LONG RANGE PLAN FOR PUB- ‘‘(G) the status, activities, and effective- (g) REPORT ON THE EVALUATION OF THE LIC BROADCASTING.—Section 393A(b) of the ness of the United States commercial centers GATEWAY GRANTS PROGRAM.—Subparagraph H 12222 CONGRESSIONAL RECORD — HOUSE November 14, 1995

(B) of section 322(a)(3) of the Adult Edu- (b) REPORT ON WIND ENERGY SYSTEMS.— OPMENT, AND DEMONSTRATION ACT OF 1976.— cation Act (20 U.S.C. 1203a(a)(3)(B)) is amend- Section 9(a) of the Wind Energy Systems Act Section 14 of the Electric and Hybrid Vehicle ed by striking ‘‘and report the results of such of 1980 (42 U.S.C. 9208(a)) is amended— Research, Development, and Demonstration evaluation to the Committee on Education (1) by striking paragraph (3); Act of 1976 (15 U.S.C. 2513) is repealed. and Labor of the House of Representatives (2) in paragraph (1) by adding ‘‘and’’ after (p) REPORT ON ACTIVITIES UNDER THE METH- and the Committee on Labor and Human Re- the semicolon; and ANE TRANSPORTATION RESEARCH, DEVELOP- sources of the Senate’’. (3) in paragraph (2) by striking ‘‘; and’’ and MENT, AND DEMONSTRATION ACT OF 1980.—Sec- (h) REPORT ON THE BILINGUAL VOCATIONAL inserting a period. tion 9 of the Methane Transportation Re- TRAINING PROGRAM.—Paragraph (3) of section (c) REPORT ON COMPREHENSIVE PROGRAM search, Development, and Demonstration 441(e) of the Carl D. Perkins Vocational and MANAGEMENT PLAN FOR OCEAN THERMAL EN- Act of 1980 (15 U.S.C. 3808) is repealed. Applied Technology Education Act (20 U.S.C. ERGY CONVERSION.—Section 3(d) of the Ocean SEC. 1052. REPORTS MODIFIED. 2441(e)(3)) is amended by striking the last Thermal Energy Conversion Research, De- (a) REPORTS ON PROCESS-ORIENTED INDUS- sentence thereof. velopment, and Demonstration Act (42 U.S.C. TRIAL ENERGY EFFICIENCY AND INDUSTRIAL IN- (i) REPORT ON ANNUAL UPWARD MOBILITY 9002(d)) is repealed. SULATION AUDIT GUIDELINES.— PROGRAM ACTIVITY.—Section 2(a)(6)(A) of the (d) REPORTS ON SUBSEABED DISPOSAL OF (1) Section 132(d) of the Energy Policy Act Act of June 20, 1936 (20 U.S.C. 107a(a)(6)(A)), SPENT NUCLEAR FUEL AND HIGH-LEVEL RA- of 1992 (42 U.S.C. 6349(d)) is amended— is amended by striking ‘‘and annually sub- DIOACTIVE WASTE.—Subsections (a) and (b)(5) (A) in the language preceding paragraph mit to the appropriate committees of Con- of section 224 of the Nuclear Waste Policy (1), by striking ‘‘Not later than 2 years after gress a report based on such evaluations,’’. Act of 1982 (42 U.S.C. 10204(a), 10204(b)(5)) are the date of the enactment of this Act and an- SEC. 1042. REPORTS MODIFIED. repealed. nually thereafter’’ and inserting ‘‘Not later (e) REPORT ON FUEL USE ACT.—Sections (a) REPORT ON THE CONDITION OF BILINGUAL than October 24, 1995, and biennially there- 711(c)(2) and 806 of the Powerplant and Indus- EDUCATION IN THE NATION.—Section 6213 of after’’; trial Fuel Use Act of 1978 (42 U.S.C. 8421(c)(2), the Augustus F. Hawkins-Robert T. Stafford (B) in paragraph (4), by striking ‘‘and’’ at 8482) are repealed. Elementary and Secondary School Improve- the end; (f) REPORT ON TEST PROGRAM OF STORAGE ment Amendments of 1988 (20 U.S.C. 3303 (C) in paragraph (5), by striking the period OF REFINED PETROLEUM PRODUCTS WITHIN note) is amended— at the end and inserting ‘‘; and’’; and THE STRATEGIC PETROLEUM RESERVE.—Sec- (1) in the section heading, by striking ‘‘RE- (D) by adding at the end the following new tion 160(g)(7) of the Energy Policy and Con- PORT ON’’ and inserting ‘‘INFORMATION paragraph: servation Act (42 U.S.C. 6240(g)(7)) is re- REGARDING’’; and ‘‘(6) the information required under section pealed. (2) by striking the matter preceding para- 133(c).’’. (g) REPORT ON NAVAL PETROLEUM AND OIL graph (1) and inserting ‘‘The Secretary shall (2) Section 133(c) of the Energy Policy Act collect data for program management and SHALE RESERVES PRODUCTION.—Section 7434 of title 10, United States Code, is repealed. of 1992 (42 U.S.C. 6350(c)) is amended— accountability purposes regarding—’’. (A) by striking, ‘‘the date of the enactment (h) REPORT ON EFFECTS OF PRESIDENTIAL (b) REPORT TO GIVE NOTICE TO CONGRESS.— of this Act’’ and inserting ‘‘October 24, 1995’’; MESSAGE ESTABLISHING A NUCLEAR NON- Subsection (d) of section 482 of the Higher and PROLIFERATION POLICY ON NUCLEAR RESEARCH Education Act of 1965 (20 U.S.C. 1089(d)) is (B) by inserting ‘‘as part of the report re- AND DEVELOPMENT COOPERATIVE AGREE- amended— quired under section 132(d),’’ after ‘‘and bien- MENTS.—Section 203 of the Department of (1) in the first sentence by striking ‘‘the nially thereafter,’’. items specified in the calendar have been Energy Act of 1978—Civilian Applications (22 U.S.C. 2429 note) is repealed. (b) REPORT ON AGENCY REQUESTS FOR WAIV- completed and provide all relevant forms, ER FROM FEDERAL ENERGY MANAGEMENT RE- rules, and instructions with such notice’’ and (i) REPORT ON WRITTEN AGREEMENTS RE- GARDING NUCLEAR WASTE REPOSITORY QUIREMENTS.—Section 543(b)(2) of the Na- inserting ‘‘a deadline included in the cal- tional Energy Conservation Policy Act (42 endar described in subsection (a) is not met’’; SITES.—Section 117(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10137(c)) is U.S.C. 8253(b)(2)) is amended— and (1) by inserting ‘‘, as part of the report re- (2) by striking the second sentence. amended by striking the following: ‘‘If such written agreement is not completed within quired under section 548(b),’’ after ‘‘the Sec- (c) ANNUAL REPORT ON ACTIVITIES UNDER retary shall’’; and THE REHABILITATION ACT OF 1973.—Section 13 such period, the Secretary shall report to the Congress in writing within 30 days on the (2) by striking ‘‘promptly’’. of the Rehabilitation Act of 1973 (29 U.S.C. (c) REPORT ON THE PROGRESS, STATUS, AC- 712) is amended by striking ‘‘twenty’’ and in- status of negotiations to develop such agree- ment and the reasons why such agreement TIVITIES, AND RESULTS OF PROGRAMS REGARD- serting ‘‘eighty’’. ING THE PROCUREMENT AND IDENTIFICATION OF (d) REPORT TO THE CONGRESS REGARDING has not been completed. Prior to submission ENERGY EFFICIENT PRODUCTS.—Section 161(d) REHABILITATION TRAINING PROGRAMS.—The of such report to the Congress, the Secretary shall transmit such report to the Governor of of the Energy Policy Act of 1992 (42 U.S.C. second sentence of section 302(c) of the Reha- 8262g(d)) is amended by striking ‘‘of each bilitation Act of 1973 (29 U.S.C. 774(c)) is such State or the governing body of such af- fected Indian tribe, as the case may be, for year thereafter,’’ and inserting ‘‘thereafter amended by striking ‘‘simultaneously with as part of the report required under section the budget submission for the succeeding fis- their review and comments. Such comments shall be included in such report prior to sub- 548(b) of the National Energy Conservation cal year for the Rehabilitation Services Ad- Policy Act,’’. ministration’’ and inserting ‘‘by September mission to the Congress.’’. (d) REPORT ON THE FEDERAL GOVERNMENT 30 of each fiscal year’’. (j) QUARTERLY REPORT ON STRATEGIC PE- ENERGY MANAGEMENT PROGRAM.—Section (e) ANNUAL AUDIT OF STUDENT LOAN INSUR- TROLEUM RESERVES.—Section 165 of the En- ergy Policy and Conservation Act (42 U.S.C. 548(b) of the National Energy Conservation ANCE FUND.—Section 432(b) of the Higher Policy Act (42 U.S.C. 8258(b)) is amended— Education Act of 1965 (20 U.S.C. 1082(b)) is 6245) is amended— (1) by striking subsection (b); and (1) in paragraph (1)— amended to read as follows: (A) in subparagraph (A), by striking ‘‘and’’ ‘‘(b) FINANCIAL OPERATIONS RESPONSIBIL- (2) by striking ‘‘(a)’’. after the semicolon; ITIES.—The Secretary shall, with respect to (k) REPORT ON THE DEPARTMENT OF EN- (B) by redesignating subparagraph (B) as the financial operations arising by reason of ERGY.—The Federal Energy Administration subparagraph (C); and this part prepare annually and submit a Act of 1974 (15 U.S.C. 790d), is amended by (C) by inserting after subparagraph (A) the budget program as provided for wholly striking out section 55. following new subparagraph: owned Government corporations by chapter (l) REPORT ON CURRENT STATUS OF COM- ‘‘(B) the information required under sec- 91 of title 31, United States Code. The trans- PREHENSIVE MANAGEMENT FOR NUCLEAR tion 543(b)(2); and’’; actions of the Secretary, including the set- SAFETY RESEARCH, DEVELOPMENT, AND DEM- (2) in paragraph (2), by striking ‘‘and’’ tlement of insurance claims and of claims ONSTRATION.—Section 8(c) of the Nuclear after the semicolon; for payments pursuant to section 1078 of this Safety Research, Development, and Dem- (3) in paragraph (3), by striking the period title, and transactions related thereto and onstration Act of 1980 (42 U.S.C. 9707(c)) is re- at the end and inserting ‘‘; and’’; and vouchers approved by the Secretary in con- pealed. (4) by adding at the end the following new nection with such transactions, shall be final (m) REPORT ON ACTIVITIES OF THE GEO- paragraph: and conclusive upon all accounting and other THERMAL ENERGY COORDINATION AND MAN- ‘‘(4) the information required under section officers of the Government.’’. AGEMENT PROJECT.—Section 302(a) of the Geothermal Energy Research, Development, 161(d) of the Energy Policy Act of 1992.’’. Subtitle E—Department of Energy and Demonstration Act of 1974 (30 U.S.C. (e) REPORT ON ALTERNATIVE FUEL USE BY SEC. 1051. REPORTS ELIMINATED. 1162(a)) is repealed. SELECTED FEDERAL VEHICLES.—Section (a) REPORTS ON PERFORMANCE AND DIS- (n) REPORT ON ACTIVITIES UNDER THE MAG- 400AA(b)(1)(B) of the Energy Policy and Con- POSAL OF ALTERNATIVE FUELED HEAVY DUTY NETIC FUSION ENERGY ENGINEERING ACT OF servation Act (42 U.S.C. 6374(b)(1)(B)) is VEHICLES.—Paragraphs (3) and (4) of section 1980.—Section 12 of the Magnetic Fusion En- amended by striking ‘‘, and annually there- 400AA(b) of the Energy Policy and Conserva- ergy Engineering Act of 1980 (42 U.S.C. 9311) after’’. tion Act (42 U.S.C. 6374(b)(3), 6374(b)(4)) are is repealed. (f) REPORT ON THE OPERATION OF STATE EN- repealed, and paragraph (5) of that section is (o) REPORT ON ACTIVITIES UNDER THE ELEC- ERGY CONSERVATION PLANS.—Section 365(c) of redesignated as paragraph (3). TRIC AND HYBRID VEHICLE RESEARCH, DEVEL- the Energy Policy and Conservation Act (42 November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12223

U.S.C. 6325(c)) is amended by striking ‘‘re- SAFETY ACT.—Subsection (d) of section 981 of SEC. 1072. REPORTS MODIFIED. port annually’’ and inserting ‘‘, as part of the the Consumer-Patient Radiation Health and (a) REPORT ON HOMEOWNERSHIP OF MULTI- report required under section 657 of the De- Safety Act of 1981 (42 U.S.C. 10006(d)) is re- FAMILY UNITS PROGRAM.—Section 431 of the partment of Energy Organization Act, re- pealed. Cranston-Gonzalez National Affordable port’’. (c) REPORT ON EVALUATION OF TITLE VIII Housing Act (42 U.S.C. 12880) is amended— (g) REPORT ON THE DEPARTMENT OF EN- PROGRAMS.—Section 859 of the Public Health (1) in the section heading, by striking ‘‘AN- ERGY.—Section 657 of the Department of En- Service Act (42 U.S.C. 298b–6) is repealed. NUAL’’; and ergy Organization Act (42 U.S.C. 7267) is (d) REPORT ON MEDICARE TREATMENT OF (2) by striking ‘‘The Secretary shall annu- amended by inserting after ‘‘section 15 of the UNCOMPENSATED CARE.—Paragraph (2) of sec- ally’’ and inserting ‘‘The Secretary shall no Federal Energy Administration Act of 1974,’’ tion 603(a) of the Social Security Amend- later than December 31, 1995,’’. the following: ‘‘section 365(c) of the Energy ments of 1983 (42 U.S.C. 1395ww note) is re- (b) TRIENNIAL AUDIT OF TRANSACTIONS OF Policy and Conservation Act, section 304(c) pealed. NATIONAL HOMEOWNERSHIP FOUNDATION.— of the Nuclear Waste Policy Act of 1982,’’. (e) REPORT ON PROGRAM TO ASSIST HOME- Section 107(g)(1) of the Housing and Urban (h) REPORT ON COST-EFFECTIVE WAYS TO LESS INDIVIDUALS.—Subsection (d) of section Development Act of 1968 (12 U.S.C. INCREASE HYDROPOWER PRODUCTION AT FED- 9117 of the Omnibus Budget Reconciliation 1701y(g)(1)) is amended by striking the last ERAL WATER FACILITIES.—Section 2404 of the Act of 1987 (42 U.S.C. 1383 note) is repealed. sentence. Energy Policy Act of 1992 (16 U.S.C. 797 note) SEC. 1062. REPORTS MODIFIED. (c) REPORT ON LOW-INCOME HOME ENERGY is amended— ASSISTANCE PROGRAM.—Section 2605(h) of the (a) REPORT OF THE SURGEON GENERAL.— (1) in subsection (a), by striking ‘‘The Sec- Section 239 of the Public Health Service Act Low-Income Home Energy Assistance Act of retary, in consultation with the Secretary of (42 U.S.C. 238h) is amended to read as fol- 1981 (Public Law 97–35; 42 U.S.C. 8624(h)), is the Interior and the Secretary of the Army,’’ lows: amended by striking out ‘‘(but not less fre- and inserting ‘‘The Secretary of the Interior quently than every three years),’’. ‘‘BIANNUAL REPORT and the Secretary of the Army, in consulta- Subtitle H—Department of the Interior tion with the Secretary,’’; and ‘‘SEC. 239. The Surgeon General shall trans- (2) in subsection (b), by striking ‘‘the Sec- mit to the Secretary, for submission to the SEC. 1081. REPORTS ELIMINATED. retary’’ and inserting ‘‘the Secretary of the Congress, on January 1, 1995, and on January (a) REPORT ON AUDITS IN FEDERAL ROYALTY Interior, or the Secretary of the Army,’’. 1, every 2 years thereafter, a full report of MANAGEMENT SYSTEM.—Section 17(j) of the (i) REPORT ON PROGRESS MEETING FUSION the administration of the functions of the Mineral Leasing Act (30 U.S.C. 226(j)) is ENERGY PROGRAM OBJECTIVES.—Section Service under this Act, including a detailed amended by striking the last sentence. (b) REPORT ON DOMESTIC MINING, MINERALS, 2114(c)(5) of the Energy Policy Act of 1992 (42 statement of receipts and disbursements.’’. AND MINERAL RECLAMATION INDUSTRIES.— U.S.C. 13474(c)(5)) is amended by striking out (b) REPORT ON HEALTH SERVICE RESEARCH Section 2 of the Mining and Minerals Policy the first sentence and inserting in lieu there- ACTIVITIES.—Subsection (b) of section 494A of Act of 1970 (30 U.S.C. 21a) is amended by of ‘‘The President shall include in the budget the Public Health Service Act (42 U.S.C. striking the last sentence. submitted to the Congress each year under 289c–1(b)) is amended by striking ‘‘September (c) REPORT ON PHASE I OF THE HIGH PLAINS section 1105 of title 31, United States Code, a 30, 1993, and annually thereafter’’ and insert- STATES GROUNDWATER DEMONSTRATION report prepared by the Secretary describing ing ‘‘December 30, 1993, and each December PROJECT.—Section 3(d) of the High Plains the progress made in meeting the program 30 thereafter’’. States Groundwater Demonstration Program objectives, milestones, and schedules estab- (c) REPORT ON FAMILY PLANNING.—Section Act of 1983 (43 U.S.C. 390g–1(d)) is repealed. lished in the management plan.’’. 1009(a) of the Public Health Service Act (42 (d) REPORT ON RECLAMATION REFORM ACT (j) REPORT ON HIGH-PERFORMANCE COMPUT- U.S.C. 300a–7(a)) is amended by striking COMPLIANCE.—Section 224(g) of the Reclama- ING ACTIVITIES.—Section 203(d) of the High- ‘‘each fiscal year’’ and inserting ‘‘fiscal year Performance Computing Act of 1991 (15 tion Reform Act of 1982 (43 U.S.C. 390ww(g)) 1995, and each second fiscal year thereafter’’. is amended by striking the last 2 sentences. U.S.C. 5523(d)) is amended to read as follows: (d) REPORT ON THE STATUS OF HEALTH IN- (e) REPORT ON GEOLOGICAL SURVEYS CON- ‘‘(d) REPORTS.—Not later than 1 year after FORMATION AND HEALTH PROMOTION.—Section DUCTED OUTSIDE THE DOMAIN OF THE UNITED the date of enactment of this subsection, and 1705(a) of the Public Health Service Act (42 STATES.—Section 2 of Public Law 87–626 (43 thereafter as part of the report required U.S.C. 300u–4) is amended in the first sen- under section 101(a)(3)(A), the Secretary of U.S.C. 31(c)) is repealed. tence by striking out ‘‘annually’’ and insert- (f) REPORT ON RECREATION USE FEES.—Sec- Energy shall report on activities taken to ing in lieu thereof ‘‘biannually’’. carry out this Act.’’. tion 4(h) of the Land and Water Conservation (k) REPORT ON NATIONAL HIGH-PERFORM- Subtitle G—Department of Housing and Fund Act of 1965 (16 U.S.C. 460l–6a(h)) is re- ANCE COMPUTING PROGRAM.—Section 101(a)(4) Urban Development pealed. of the High-Performance Computing Act of SEC. 1071. REPORTS ELIMINATED. SEC. 1082. REPORTS MODIFIED. 1991 (15 U.S.C. 5511(a)(4)) is amended— (a) REPORTS ON PUBLIC HOUSING HOME- (a) REPORT ON LEVELS OF THE OGALLALA (1) in subparagraph (D), by striking ‘‘and’’ OWNERSHIP AND MANAGEMENT OPPORTUNI- AQUIFER.—Title III of the Water Resources at the end; TIES.—Section 21(f) of the United States Research Act of 1984 (42 U.S.C. 10301 note) is (2) by redesignating subparagraph (E) as Housing Act of 1937 (42 U.S.C. 1437s(f)) is re- amended— subparagraph (F); and pealed. (1) in section 306, by striking ‘‘annually’’ (3) by inserting after subparagraph (D) the (b) INTERIM REPORT ON PUBLIC HOUSING and inserting ‘‘biennially’’; and following new subparagraph: MIXED INCOME NEW COMMUNITIES STRATEGY (2) in section 308, by striking ‘‘intervals of ‘‘(E) include the report of the Secretary of DEMONSTRATION.—Section 522(k)(1) of the one year’’ and inserting ‘‘intervals of 2 Energy required by section 203(d); and’’. Cranston-Gonzalez National Affordable years’’. (l) REPORT ON NUCLEAR WASTE DISPOSAL Housing Act (42 U.S.C. 1437f note) is repealed. (b) REPORT ON EFFECTS OF OUTER CON- PROGRAM.—Section 304(d) of the Nuclear (c) BIENNIAL REPORT ON INTERSTATE LAND TINENTAL SHELF LEASING ACTIVITIES ON Waste Policy Act of 1982 (42 U.S.C. 10224(d)) SALES REGISTRATION PROGRAM.—Section 1421 HUMAN, MARINE, AND COASTAL ENVIRON- is amended to read as follows: of the Interstate Land Sales Full Disclosure MENTS.—Section 20(e) of the Outer Continen- ‘‘(d) AUDIT BY GAO.—If requested by either Act (15 U.S.C. 1719a) is repealed. tal Shelf Lands Act (43 U.S.C. 1346(e)) is House of the Congress (or any committee (d) QUARTERLY REPORT ON ACTIVITIES amended by striking ‘‘each fiscal year’’ and thereof) or if considered necessary by the UNDER THE FAIR HOUSING INITIATIVES PRO- inserting ‘‘every 3 fiscal years’’. Comptroller General, the General Account- GRAM.—Section 561(e)(2) of the Housing and Subtitle I—Department of Justice ing Office shall conduct an audit of the Of- Community Development Act of 1987 (42 SEC. 1091. REPORTS ELIMINATED. fice, in accord with such regulations as the U.S.C. 3616a(e)(2)) is repealed. (a) REPORT ON DRUG INTERDICTION TASK Comptroller General may prescribe. The (e) COLLECTION OF AND ANNUAL REPORT ON FORCE.—Section 3301(a)(1)(C) of the National Comptroller General shall have access to RACIAL AND ETHNIC DATA.—Section 562 of the Drug Interdiction Act of 1986 (21 U.S.C. 801 such books, records, accounts, and other ma- Housing and Community Development Act of note; Public Law 99–570; 100 Stat. 3207–98) is terials of the Office as the Comptroller Gen- 1987 (42 U.S.C. 3608a) is amended— repealed. eral determines to be necessary for the prep- (1) in subsection (a)— (b) REPORT ON EQUAL ACCESS TO JUSTICE.— aration of such audit. The Comptroller Gen- (A) in the first sentence— Section 2412(d)(5) of title 28, United States eral shall submit a report on the results of (i) by striking ‘‘the Secretary of Housing Code, is repealed. each audit conducted under this section.’’. and Urban Development and’’; and (c) REPORT ON FEDERAL OFFENDER CHARAC- Subtitle F—Department of Health and (ii) by striking ‘‘each’’, the first place it TERISTICS.—Section 3624(f)(6) of title 18, Unit- Human Services appears; and ed States Code, is repealed. SEC. 1061. REPORTS ELIMINATED. (B) in the second sentence, by striking ‘‘in- (d) REPORT ON COSTS OF DEATH PENALTY.— (a) REPORT ON THE EFFECTS OF TOXIC SUB- volved’’; and The Anti-Drug Abuse Act of 1988 (Public Law STANCES.—Subsection (c) of section 27 of the (2) in subsection (b)— 100–690; 102 Stat. 4395; 21 U.S.C. 848 note) is Toxic Substances Control Act (15 U.S.C. (A) by striking ‘‘The Secretary of Housing amended by striking out section 7002. 2626(c)) is repealed. and Urban Development and the’’ and insert- (e) MINERAL LEASING ACT.—Section 8B of (b) REPORT ON COMPLIANCE WITH THE ing ‘‘The’’; and the Mineral Leasing Act (30 U.S.C. 208–2) is CONSUMER-PATIENT RADIATION HEALTH AND (B) by striking ‘‘each’’. repealed. H 12224 CONGRESSIONAL RECORD — HOUSE November 14, 1995

(f) SMALL BUSINESS ACT.—Subsection (c) of March 4, 1913 (29 U.S.C. 560) is amended by ‘‘(2) For any species determined to be an section 10 of the Small Business Act (15 striking ‘‘make a report’’ and all that fol- endangered species or a threatened species U.S.C. 639(c)) is repealed. lows through ‘‘the department’’ and insert- under section 4(a), or proposed for listing (g) ENERGY POLICY AND CONSERVATION ing ‘‘prepare and submit to Congress the fi- under section 4(b), prior to the effective date ACT.—Section 252(i) of the Energy Policy nancial statements of the Department that of this section, and for any species for which Conservation Act (42 U.S.C. 6272(i)) is amend- have been audited’’. a final recovery plan has not been published ed by striking ‘‘, at least once every 6 Subtitle K—Department of State prior to January 1, 1993, the Secretary shall months, a report’’ and inserting ‘‘, at such develop and implement a final recovery plan SEC. 1111. REPORTS ELIMINATED. intervals as are appropriate based on signifi- pursuant to the requirements of this section (a) REPORT ON AUDIT OF USE OF FUNDS FOR cant developments and issues, reports’’. not later than 2 years after the effective date U.N. HIGH COMMISSIONER FOR REFUGEES.— (h) REPORT ON FORFEITURE FUND.—Section of this section. 524(c) of title 28, United States Code, is Section 8 of the Migration and Refugee As- ‘‘(3) The Secretary shall prepare and pub- amended— sistance Act of 1962 (22 U.S.C. 2606) is amend- lish in the Federal Register a notice of avail- (1) by striking out paragraph (7); and ed by striking subsection (b), and redesignat- ability of, and request for public comment (2) by redesignating paragraphs (8) through ing subsection (c) as subsection (b). on, a draft version of any revision of a recov- (b) REPORT ON MATTERS RELATING TO FOR- (12) as paragraphs (7) through (11), respec- ery plan. EIGN RELATIONS AND SCIENCE AND TECH- tively. ‘‘(4) The Secretary shall hold a public hear- NOLOGY.—Section 503(b) of the Foreign Rela- ing on the draft version of each new or re- Subtitle J—Department of Labor tions Authorization Act, Fiscal Year 1979 (22 vised recovery plan in each county or parish SEC. 1101. REPORTS ELIMINATED. U.S.C. 2656c(b)) is repealed. to which the version applies. Section 408(d) of the Veterans Education SEC. 1112. INTERNATIONAL NARCOTICS CON- ‘‘(5) Prior to the decision to adopt a final and Employment Amendments of 1989 (38 TROL. version of each new or revised recovery plan, U.S.C. 4100 note) is repealed. (a) Section 489A of the Foreign Assistance the Secretary shall consider all information SEC. 1102. REPORTS MODIFIED. Act of 1961 (22 U.S.C. 2291i) is repealed. presented during each hearing held pursuant (a) REPORT ON THE ACTIVITIES CONDUCTED (b) Section 490A of that Act (22 U.S.C. to paragraph (4) and received in response to UNDER THE FAIR LABOR STANDARDS ACT OF 2291k) is repealed. the request for comments contained in the 1938.—Section 4(d)(1) of the Fair Labor (c) Section 489 of that Act (22 U.S.C. 2291h) final regulation specified in paragraph (1)(A) Standards Act of 1938 (29 U.S.C. 204(d)(1)) is is amended— or the Federal Register notice specified in amended— (1) in the section heading by striking ‘‘FOR paragraph (4). The Secretary shall publish (1) by striking ‘‘annually’’ and inserting FISCAL YEAR 1995’’; and the response of the Secretary to all informa- ‘‘biennially’’; and (2) by striking subsection (c). tion presented in such testimony or com- (2) by striking ‘‘preceding year’’ and in- (d) Section 490 of that Act (22 U.S.C. 2291j) ments in the final version of the new or re- serting ‘‘preceding two years’’. is amended— vised recovery plan. (b) ANNUAL REPORT OF THE OFFICE OF (1) in the section heading by striking ‘‘FOR ‘‘(6) Prior to implementation of a new or WORKERS’ COMPENSATION.— FISCAL YEAR 1995’’; and revised recovery plan, each affected Federal (1) REPORT ON THE ADMINISTRATION OF THE (2) by striking subsection (i). agency shall consider separately all informa- LONGSHORE AND HARBOR WORKERS’ COMPENSA- Subtitle L—Department of Transportation tion presented during each hearing held pur- TION ACT.—Section 42 of the Longshore and SEC. 1121. REPORTS ELIMINATED. suant to paragraph (5) and received in re- sponse to the request for comments con- Harbor Workers’ Compensation Act (33 (a) REPORT ON DEEPWATER PORT ACT OF U.S.C. 942) is amended— 1974.—Section 20 of the Deepwater Port Act tained in the final regulation specified in (A) by striking ‘‘beginning of each’’ and all of 1974 (33 U.S.C. 1519) is repealed. paragraph (1)(A) or the Federal Register no- tice specified in paragraph (4). that follows through ‘‘Amendments of 1984’’ (b) REPORT ON COAST GUARD LOGISTICS CA- (l) REPORT ON PIPELINE SAFETY.—Section and inserting ‘‘end of each fiscal year’’; and PABILITIES CRITICAL TO MISSION PERFORM- 60124(a) of title 49, United States Code, is (B) by adding the following new sentence ANCE.—Sections 5(a)(2) and 5(b) of the Coast amended in the first sentence by striking ‘‘of at the end: ‘‘Such report shall include the Guard Authorization Act of 1988 (10 U.S.C. each year’’ and inserting ‘‘of each odd-num- annual reports required under section 426(b) 2304 note) are repealed. bered year’’. of the Black Lung Benefits Act (30 U.S.C. (c) REPORT ON MARINE PLASTIC POLLUTION SEC. 1122. REPORTS MODIFIED. 936(b)) and section 8152 of title 5, United RESEARCH AND CONTROL ACT OF 1987.—Sec- States Code, and shall be identified as the tion 2201(a) of the Marine Plastic Pollution (a) REPORT ON OIL SPILL LIABILITY TRUST Annual Report of the Office of Workers’ Research and Control Act of 1987 (33 U.S.C. FUND.—The quarterly report regarding the Compensation Programs.’’. 1902 note) is amended by striking ‘‘bienni- Oil Spill Liability Trust Fund required to be (2) REPORT ON THE ADMINISTRATION OF THE ally’’ and inserting ‘‘triennially’’. submitted to the House and Senate Commit- tees on Appropriations under House Report BLACK LUNG BENEFITS PROGRAM.—Section (d) REPORT ON HIGHWAY SAFETY PROGRAM 101–892, accompanying the appropriations for 426(b) of the Black Lung Benefits Act (30 STANDARDS.—Section 402(a) of title 23, Unit- U.S.C. 936(b)) is amended— ed States Code, is amended by striking the the Coast Guard in the Department of Trans- (A) by striking ‘‘Within’’ and all that fol- fifth sentence. portation and Related Agencies Appropria- lows through ‘‘Congress the’’ and inserting (e) REPORT ON RAILROAD-HIGHWAY DEM- tions Act, 1991, shall be submitted not later ‘‘At the end of each fiscal year, the’’; and ONSTRATION PROJECTS.—Section 163(o) of the than 30 days after the end of the fiscal year (B) by adding the following new sentence Federal-Aid Highway Act of 1973 (23 U.S.C. in which this Act is enacted and annually at the end: ‘‘Each such report shall be pre- 130 note) is repealed. thereafter. (b) REPORT ON JOINT FEDERAL AND STATE pared and submitted to Congress in accord- (f) REPORT ON UNIFORM RELOCATION ACT MOTOR FUEL TAX COMPLIANCE PROJECT.—Sec- ance with the requirement with respect to AMENDMENTS OF 1987.—Section 103(b)(2) of submission under section 42 of the Longshore the Uniform Relocation Assistance and Real tion 1040(d)(1) of the Intermodal Surface Harbor Workers’ Compensation Act (33 Property Acquisition Policies Act of 1970 (42 Transportation Efficiency Act of 1991 (23 U.S.C. 942).’’. U.S.C. 4604(b)(2)) is repealed. U.S.C. 101 note) is amended by striking ‘‘Sep- tember 30 and’’. (3) REPORT ON THE ADMINISTRATION OF THE (g) REPORT ON FEDERAL RAILROAD SAFE- FEDERAL EMPLOYEES’ COMPENSATION ACT.—(A) TY.—(1) Section 20116 of title 49, United Subtitle M—Department of the Treasury Subchapter I of chapter 81 of title 5, United States Code, is repealed. SEC. 1131. REPORTS ELIMINATED. States Code, is amended by adding at the end (2) The table of sections at the beginning of (a) REPORT ON THE OPERATION AND STATUS thereof the following new section: chapter 201 of title 49, United States Code, is OF STATE AND LOCAL GOVERNMENT FISCAL AS- ‘‘§ 8152. Annual report amended by striking the item relating to SISTANCE TRUST FUND.—Paragraph (8) of sec- section 20116. tion 14001(a) of the Consolidated Omnibus ‘‘The Secretary of Labor shall, at the end (h) REPORT ON RAILROAD FINANCIAL ASSIST- Budget Reconciliation Act of 1985 (31 U.S.C. of each fiscal year, prepare a report with re- ANCE.—Section 308(d) of title 49, United 6701 note) is repealed. spect to the administration of this chapter. States Code, is repealed. (b) REPORT ON THE ANTIRECESSION PROVI- Such report shall be submitted to Congress (i) REPORT ON USE OF ADVANCED TECH- SIONS OF THE PUBLIC WORKS EMPLOYMENT in accordance with the requirement with re- NOLOGY BY THE AUTOMOBILE INDUSTRY.—Sec- ACT OF 1976.—Section 213 of the Public Works spect to submission under section 42 of the tion 305 of the Automotive Propulsion Re- Employment Act of 1976 (42 U.S.C. 6733) is re- Longshore Harbor Workers’ Compensation search and Development Act of 1978 (15 pealed. Act (33 U.S.C. 942).’’. U.S.C. 2704) is amended by striking the last (c) REPORT ON THE ASBESTOS TRUST (B) The table of sections for chapter 81 of sentence. FUND.—Paragraph (2) of section 5(c) of the title 5, United States Code, is amended by in- (j) REPORT ON SAINT LAWRENCE SEAWAY DE- Asbestos Hazard Emergency Response Act of serting after the item relating to section 8151 VELOPMENT CORPORATION.—Section 10(a) of 1986 (20 U.S.C. 4022(c)) is repealed. the following: the Act of May 13, 1954 (68 Stat. 96, chapter SEC. 1132. REPORTS MODIFIED. ‘‘8152. Annual report.’’. 201; 33 U.S.C. 989(a)) is repealed. (a) REPORT ON THE WORLD CUP USA 1994 (c) ANNUAL REPORT ON THE DEPARTMENT OF (k) REPORTS ON PIPELINES ON FEDERAL COMMEMORATIVE COIN ACT.—Subsection (g) of LABOR.—Section 9 of an Act entitled ‘‘An Act LANDS.—Section 28(w)(4) of the Mineral section 205 of the World Cup USA 1994 Com- to create a Department of Labor’’, approved Leasing Act (30 U.S.C. 185(w)(4)) is repealed. memorative Coin Act (31 U.S.C. 5112 note) is November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12225 amended by striking ‘‘month’’ and inserting Control Act (33 U.S.C. 1311(n)(8)) is amended (A) by striking subsection (c); and ‘‘calendar quarter’’. by striking ‘‘Every 6 months after the date (B) by redesignating subsections (e) (b) REPORTS ON VARIOUS FUNDS.—Sub- of the enactment of this subsection, the Ad- through (i) as subsections (c) through (g), re- section (b) of section 321 of title 31, United ministrator shall submit to the Committee spectively. States Code, is amended— on Environment and Public Works of the (l) PLAN ON ASSISTANCE TO STATES FOR (1) by striking ‘‘and’’ at the end of para- Senate and the Committee on Public Works RADON PROGRAMS.—Section 305 of the Toxic graph (5), and Transportation’’ and inserting ‘‘By Jan- Substances Control Act (15 U.S.C. 2665) is (2) by striking the period at the end of uary 1, 1997, and January 1 of every odd-num- amended— paragraph (6) and inserting ‘‘; and’’, and bered year thereafter, the Administrator (1) by striking subsection (d); and (3) by adding after paragraph (6) the follow- shall submit to the Committee on Environ- (2) by redesignating subsections (e) and (f) ing new paragraph: ment and Public Works of the Senate and as subsections (d) and (e), respectively. ‘‘(7) notwithstanding any other provision the Committee on Transportation and Infra- of law, fulfill any requirement to issue a re- structure’’. Subtitle C—Equal Employment Opportunity port on the financial condition of any fund (c) REPORT ON IMPLEMENTATION OF CLEAN Commission on the books of the Treasury by including LAKES PROJECTS.—Section 314(d)(3) of the SEC. 2031. REPORTS MODIFIED. the required information in a consolidated Federal Water Pollution Control Act (33 Section 705(k)(2)(C) of the Civil Rights Act report, except that information with respect U.S.C. 1324(d)(3)) is amended by striking of 1964 (42 U.S.C. 2000e–4(k)(2)(C)) is amend- to a specific fund shall be separately re- ‘‘The Administrator shall report annually to ed— ported if the Secretary determines that the the Committee on Public Works and Trans- (1) in the matter preceding clause (i), by consolidation of such information would re- portation’’ and inserting ‘‘By January 1, striking ‘‘including’’ and inserting ‘‘includ- sult in an unwarranted delay in the avail- 1997, and January 1 of every odd-numbered ing information, presented in the aggregate, ability of such information.’’. year thereafter, the Administrator shall re- relating to’’; (c) REPORT ON THE JAMES MADISON-BILL OF port to the Committee on Transportation (2) in clause (i), by striking ‘‘the identity RIGHTS COMMEMORATIVE COIN ACT.—Sub- and Infrastructure’’. of each person or entity’’ and inserting ‘‘the section (c) of section 506 of the James Madi- (d) REPORT ON USE OF MUNICIPAL SECOND- number of persons and entities’’; son-Bill of Rights Commemorative Coin Act ARY EFFLUENT AND SLUDGE.—Section 516 of (3) in clause (ii), by striking ‘‘such person (31 U.S.C. 5112 note) is amended by striking the Federal Water Pollution Control Act (33 or entity’’ and inserting ‘‘such persons and out ‘‘month’’ each place it appears and in- U.S.C. 1375) is amended— entities’’; and serting in lieu thereof ‘‘calendar quarter’’. (1) by striking subsection (d); and (4) in clause (iii)— Subtitle N—Department of Veterans Affairs (2) by redesignating subsections (e) and (g) as subsections (d) and (e), respectively. (A) by striking ‘‘fee’’ and inserting ‘‘fees’’; SEC. 1141. REPORTS ELIMINATED. (e) REPORT ON CERTAIN WATER QUALITY and (a) REPORT ON ADEQUACY OF RATES FOR STANDARDS AND PERMITS.—Section 404 of the (B) by striking ‘‘such person or entity’’ and STATE HOME CARE.—Section 1741 of title 38, Water Quality Act of 1987 (Public Law 100–4; inserting ‘‘such persons and entities’’. United States Code, is amended— 33 U.S.C. 1375 note) is amended— Subtitle D—Federal Aviation Administration (1) by striking out subsection (c); and (1) by striking subsection (c); and (2) by redesignating subsections (d) and (e) (2) by redesignating subsection (d) as sub- SEC. 2041. REPORTS ELIMINATED. as subsections (c) and (d), respectively. section (c). The provision that was section 7207(c)(4) of (b) REPORT ON LOANS TO PURCHASE MANU- (f) REPORT ON CLASS V WELLS.—Section the Anti-Drug Abuse Act of 1988 (Public Law FACTURED HOMES.—Section 3712 of title 38, 1426 of title XIV of the Public Health Service 100–690; 102 Stat. 4428; 49 U.S.C. App. 1354 United States Code, of is amended— Act (commonly known as the ‘‘Safe Drinking note) is amended— (1) by striking out subsection (l); and Water Act’’) (42 U.S.C. 300h–5) is amended— (1) by striking out ‘‘GAO’’; and (2) by redesignating subsection (m) as sub- (1) in subsection (a), by striking ‘‘(a) MON- (2) by striking out ‘‘the Comptroller Gen- section (l). ITORING METHODS.—’’; and eral’’ and inserting in lieu thereof ‘‘the De- (c) REPORT ON COMPLIANCE WITH FUNDED (2) by striking subsection (b). partment of Transportation Inspector Gen- PERSONNEL CODING.— (g) REPORT ON SOLE SOURCE AQUIFER DEM- eral’’. (1) REPEAL OF REPORT REQUIREMENT.—Sec- ONSTRATION PROGRAM.—Section 1427 of title tion 8110(a)(4) of title 38, United States Code, XIV of the Public Health Service Act (com- Subtitle E—Federal Communications is amended by striking out subparagraph (C). monly known as the ‘‘Safe Drinking Water Commission (2) CONFORMING AMENDMENTS.—Section Act’’) (42 U.S.C. 300h–6) is amended— SEC. 2051. REPORTS ELIMINATED. 8110(a)(4) of title 38, United States Code, is (1) by striking subsection (l); and amended by— (a) REPORT TO THE CONGRESS UNDER THE (2) by redesignating subsections (m) and (n) COMMUNICATIONS SATELLITE ACT OF 1962.— (A) redesignating subparagraph (D) as sub- as subsections (l) and (m), respectively. paragraph (C); Section 404(c) of the Communications Sat- (h) REPORT ON SUPPLY OF SAFE DRINKING ellite Act of 1962 (47 U.S.C. 744(c)) is repealed. (B) in subparagraph (A), by striking out WATER.—Section 1442 of title XIV of the Pub- ‘‘subparagraph (D)’’ and inserting in lieu lic Health Service Act (commonly known as (b) REIMBURSEMENT FOR AMATEUR EXAM- thereof ‘‘subparagraph (C)’’; and the ‘‘Safe Drinking Water Act’’) (42 U.S.C. INATION EXPENSES.—Section 4(f)(4)(J) of the (C) in subparagraph (B), by striking out 300h–6) is amended— Communications Act of 1934 (47 U.S.C. ‘‘subparagraph (D)’’ and inserting in lieu (1) by striking subsection (c); 154(f)(4)(J)) is amended by striking out the thereof ‘‘subparagraph (C)’’. (2) by redesignating subsection (d) as sub- last sentence. TITLE II—INDEPENDENT AGENCIES section (c); and Subtitle F—Federal Deposit Insurance Subtitle A—Action (3) by redesignating subsections (f) and (g) Corporation as subsections (d) and (e), respectively. SEC. 2011. REPORTS ELIMINATED. SEC. 2061. REPORTS ELIMINATED. (i) REPORT ON NONNUCLEAR ENERGY AND Section 226 of the Domestic Volunteer Section 102(b)(1) of the Federal Deposit In- Service Act of 1973 (42 U.S.C. 5026) is amend- TECHNOLOGIES.—Section 11 of the Federal Nonnuclear Energy Research and Develop- surance Corporation Improvement Act of ed— 1991 (Public Law 102–242; 105 Stat. 2237; 12 (1) by striking subsection (b); and ment Act of 1974 (42 U.S.C. 5910) is repealed. (j) REPORT ON EMISSIONS AT COAL-BURNING U.S.C. 1825 note) is amended to read as fol- (2) in subsection (a)— POWERPLANTS.— lows: (A) in paragraph (2), by striking ‘‘(2)’’ and (1) Section 745 of the Powerplant and In- ‘‘(1) QUARTERLY REPORTING.—Not later inserting ‘‘(b)’’; and dustrial Fuel Use Act of 1978 (42 U.S.C. 8455) than 90 days after the end of any calendar (B) in paragraph (1)— is repealed. quarter in which the Federal Deposit Insur- (i) by striking ‘‘(1)(A)’’ and inserting ‘‘(1)’’; (2) The table of contents in section 101(b) of ance Corporation (hereafter in this section and such Act (42 U.S.C. prec. 8301) is amended by referred to as the ‘Corporation’) has any ob- (ii) in subparagraph (B)— striking the item relating to section 745. ligations pursuant to section 14 of the Fed- (I) by striking ‘‘(B)’’ and inserting ‘‘(2)’’; (k) 5-YEAR PLAN FOR ENVIRONMENTAL RE- eral Deposit Insurance Act outstanding, the and SEARCH, DEVELOPMENT, AND DEMONSTRA- Comptroller General of the United States (II) by striking ‘‘subparagraph (A)’’ and in- TION.— shall submit a report on the Corporation’s serting ‘‘paragraph (1)’’. (1) Section 5 of the Environmental Re- compliance at the end of that quarter with Subtitle B—Environmental Protection search, Development, and Demonstration section 15(c) of the Federal Deposit Insur- Agency Authorization Act of 1976 (42 U.S.C. 4361) is ance Act to the Committee on Banking, SEC. 2021. REPORTS ELIMINATED. repealed. Housing, and Urban Affairs of the Senate and (a) REPORT ON ALLOCATION OF WATER.—Sec- (2) Section 4 of the Environmental Re- the Committee on Banking, Finance and tion 102 of the Federal Water Pollution Con- search, Development, and Demonstration Urban Affairs of the House of Representa- trol Act (33 U.S.C. 1252) is amended by strik- Authorization Act of 1978 (42 U.S.C. 4361a) is tives. Such a report shall be included in the ing subsection (d). repealed. Comptroller General’s audit report for that (b) REPORT ON VARIANCE REQUESTS.—Sec- (3) Section 8 of such Act (42 U.S.C. 4365) is year, as required by section 17 of the Federal tion 301(n)(8) of the Federal Water Pollution amended— Deposit Insurance Act.’’. H 12226 CONGRESSIONAL RECORD — HOUSE November 14, 1995 Subtitle G—Federal Emergency Management cation for Economic Security Act (20 U.S.C. Subtitle U—Postal Service Agency 3917) is repealed. SEC. 2211. REPORTS MODIFIED. SEC. 2071. REPORTS ELIMINATED. (b) BUDGET ESTIMATE.—Section 14 of the (a) REPORT ON CONSUMER EDUCATION PRO- Section 611(i) of The Robert T. Stafford National Science Foundation Act of 1950 (42 GRAMS.—Section 4(b) of the Mail Order Disaster Relief and Emergency Assistance U.S.C. 1873) is amended by striking sub- Consumer Protection Amendments of 1983 (39 Act (42 U.S.C. 5196(i)) is amended— section (j). U.S.C. 3005 note; Public Law 98–186; 97 Stat. (1) by striking paragraph (3); and Subtitle O—National Transportation Safety 1318) is amended to read as follows: (2) by redesignating paragraphs (4) and (5) Board ‘‘(b) A summary of the activities carried as paragraphs (3) and (4), respectively. SEC. 2151. REPORTS MODIFIED. out under subsection (a) shall be included in Subtitle H—Federal Retirement Thrift Section 1117 of title 49, United States Code, the first semiannual report submitted each Investment Board is amended— year as required under section 5 of the In- spector General Act of 1978 (5 U.S.C. App.).’’. SEC. 2081. REPORTS ELIMINATED. (1) in paragraph (2) by adding ‘‘and’’ after (b) REPORT ON INVESTIGATIVE ACTIVITIES.— Section 9503 of title 31, United States Code, the semicolon; Section 3013 of title 39, United States Code, is amended by adding at the end thereof the (2) in paragraph (3) by striking out ‘‘; and’’ is amended in the last sentence by striking following new subsection: and inserting in lieu thereof a period; and out ‘‘the Board shall transmit such report to ‘‘(c) The requirements of this section are (3) by striking out paragraph (4). satisfied with respect to the Thrift Savings the Congress’’ and inserting in lieu thereof Subtitle P—Neighborhood Reinvestment ‘‘the information in such report shall be in- Plan described under subchapter III of chap- Corporation ter 84 of title 5, by preparation and trans- cluded in the next semiannual report re- mission of the report described under section SEC. 2161. REPORTS ELIMINATED. quired under section 5 of the Inspector Gen- 8439(b) of such title.’’. Section 607(c) of the Neighborhood Rein- eral Act of 1978 (5 U.S.C. App.)’’. vestment Corporation Act (42 U.S.C. 8106(c)) Subtitle I—General Services Administration Subtitle V—Railroad Retirement Board is amended by striking the second sentence. SEC. 2091. REPORTS ELIMINATED. SEC. 2221. REPORTS MODIFIED. Subtitle Q—Nuclear Regulatory Commission (a) REPORT ON PROPERTIES CONVEYED FOR (a) COMBINATION OF REPORTS.—Section 502 HISTORIC MONUMENTS AND CORRECTIONAL FA- SEC. 2171. REPORTS MODIFIED. of the Railroad Retirement Solvency Act of CILITIES.—Section 203(o) of the Federal Prop- Section 208 of the Energy Reorganization 1983 (45 U.S.C. 231f–1) is amended by striking erty and Administrative Services Act of 1949 Act of 1974 (42 U.S.C. 5848) is amended by ‘‘On or before July 1, 1985, and each calendar (40 U.S.C. 484(o)) is amended— striking ‘‘each quarter a report listing for year thereafter’’ and inserting ‘‘As part of (1) by striking out paragraph (1); that period’’ and inserting ‘‘an annual report the annual report required under section (2) by redesignating paragraphs (2) and (3) listing for the previous fiscal year’’. 22(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231u(a))’’. as paragraphs (1) and (2), respectively; and Subtitle R—Office of Personnel Management (3) in paragraph (2) (as so redesignated) by (b) MODIFICATION OF DATES FOR PROJECTION SEC. 2181. REPORTS ELIMINATED. striking out ‘‘paragraph (2)’’ and inserting in AND REPORT—Section 22 of the Railroad Re- lieu thereof ‘‘paragraph (3)’’. (a) REPORT ON SENIOR EXECUTIVE SERV- tirement Act of 1974 (45 U.S.C. 231u) is (b) REPORT ON PROPERTIES CONVEYED FOR ICE.—(1) Section 3135 of title 5, United States amended— WILDLIFE CONSERVATION.—Section 3 of the Code, is repealed. (1) by striking ‘‘February 1’’ and inserting Act entitled ‘‘An Act authorizing the trans- (2) The table of sections for chapter 31 of ‘‘May 1’’; and fer of certain real property for wildlife, or title 5, United States Code, is amended by (2) by striking ‘‘April 1’’ and inserting other purposes.’’, approved May 19, 1948 (16 striking out the item relating to section ‘‘July 1’’. U.S.C. 667d; 62 Stat. 241) is amended by strik- 3135. Subtitle W—Thrift Depositor Protection ing out ‘‘and shall be included in the annual (b) REPORT ON PERFORMANCE AWARDS.— Oversight Board budget transmitted to the Congress’’. Section 4314(d) of title 5, United States Code, is repealed. SEC. 2231. REPORTS MODIFIED. Subtitle J—Interstate Commerce Commission Section 21A(k)(9) of the Federal Home (c) REPORT ON TRAINING PROGRAMS.—(1) SEC. 2101. REPORTS ELIMINATED. Section 4113 of title 5, United States Code, is Loan Bank Act (12 U.S.C. 1441a(k)(9)) is Section 10327(k) of title 49, United States repealed. amended by striking out ‘‘the end of each Code, is amended to read as follows: (2) The table of sections for chapter 41 of calendar quarter’’ and inserting in lieu ‘‘(k) If an extension granted under sub- title 5, United States Code, is amended by thereof ‘‘June 30 and December 31 of each section (j) is not sufficient to allow for com- striking out the item relating to section calendar year’’. pletion of necessary proceedings, the Com- 4113. Subtitle X—United States Information mission may grant a further extension in an (d) REPORT ON PREVAILING RATE SYSTEM.— Agency extraordinary situation if a majority of the Section 5347(e) of title 5, United States Code, SEC. 2241. REPORTS ELIMINATED. Commissioners agree to the further exten- is amended by striking out the fourth and Notwithstanding section 601(c)(4) of the sion by public vote.’’. fifth sentences. Foreign Service Act of 1980 (22 U.S.C. Subtitle K—Legal Services Corporation (e) REPORT ON ACTIVITIES OF THE MERIT 4001(c)(4)), the reports otherwise required SEC. 2111. REPORTS MODIFIED. SYSTEMS PROTECTION BOARD AND THE OFFICE under such section shall not cover the activi- Section 1009(c)(2) of the Legal Services OF PERSONNEL MANAGEMENT.—Section 2304 of ties of the United States Information Agen- Corporation Act (42 U.S.C. 2996h(c)(2)) is title 5, United States Code, is amended— cy. amended by striking out ‘‘The’’ and insert- (1) in subsection (a) by striking out ‘‘(a)’’; TITLE III—REPORTS BY ALL ing in lieu thereof ‘‘Upon request, the’’. and DEPARTMENTS AND AGENCIES (2) by striking subsection (b). Subtitle L—National Aeronautics and Space SEC. 3001. REPORTS ELIMINATED. SEC. 2182. REPORTS MODIFIED. Administration (a) REPORT ON PART-TIME EMPLOYMENT.— SEC. 2121. REPORTS ELIMINATED. Section 1304(e)(6) of title 5, United States (1) Section 3407 of title 5, United States Code, Section 21(g) of the Small Business Act (15 Code, is amended by striking out ‘‘at least is repealed. U.S.C. 648(g)) is amended to read as follows: once every three years’’. (2) The table of sections for chapter 34 of ‘‘(g) NATIONAL AERONAUTICS AND SPACE AD- Subtitle S—Office of Thrift Supervision title 5, United States Code, is amended by MINISTRATION AND REGIONAL TECHNOLOGY SEC. 2191. REPORTS MODIFIED. striking out the item relating to section TRANSFER CENTERS.—The National Aero- Section 18(c)(6)(B) of the Federal Home 3407. nautics and Space Administration and re- Loan Bank Act (12 U.S.C. 1438(c)(6)(B)) is (b) SEMIANNUAL REPORT ON LOBBYING.— gional technology transfer centers supported amended— Section 1352 of title 31, United States Code, by the National Aeronautics and Space Ad- (1) by striking out ‘‘annually’’; is amended by— ministration are authorized and directed to (2) by striking out ‘‘audit, settlement,’’ (1) striking out subsection (d); and cooperate with small business development and inserting in lieu thereof ‘‘settlement’’; (2) redesignating subsections (e), (f), (g), centers participating in the program.’’. and and (h) as subsections (d), (e), (f), and (g), re- Subtitle M—National Council on Disability (3) by striking out ‘‘, and the first audit’’ spectively. (c) REPORTS ON PROGRAM FRAUD AND CIVIL SEC. 2131. REPORTS ELIMINATED. and all that follows through ‘‘enacted’’. REMEDIES.—(1) Section 3810 of title 31, Unit- Section 401(a) of the Rehabilitation Act of Subtitle T—Panama Canal Commission ed States Code, is repealed. 1973 (29 U.S.C. 781(a)) is amended— SEC. 2201. REPORTS ELIMINATED. (2) The table of sections for chapter 38 of (1) by striking paragraph (9); and (a) REPORTS ON PANAMA CANAL.—Section title 31, United States Code, is amended by (2) by redesignating paragraphs (10) and 1312 of the Panama Canal Act of 1979 (Public striking out the item relating to section (11) as paragraphs (9) and (10), respectively. Law 96–70; 22 U.S.C. 3722) is repealed. 3810. Subtitle N—National Science Foundation (b) TECHNICAL AND CONFORMING AMEND- (d) REPORT ON RIGHT TO FINANCIAL PRIVACY SEC. 2141. REPORTS ELIMINATED. MENT.—The table of contents in section 1 of ACT.—Section 1121 of the Right to Financial (a) STRATEGIC PLAN FOR SCIENCE AND ENGI- such Act is amended by striking out the Privacy Act of 1978 (12 U.S.C. 3421) is re- NEERING EDUCATION.—Section 107 of the Edu- item relating to section 1312. pealed. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12227 (e) REPORT ON PLANS TO CONVERT TO THE (4) section 502B of that Act (22 U.S.C. 2304); more than 200 congressionally man- METRIC SYSTEM.—Section 12 of the Metric (5) section 634 of that Act (22 U.S.C. 2394); dated reporting requirements. Conversion Act of 1975 (15 U.S.C. 205j–1) is re- (6) section 406 of the Foreign Relations Au- This bill was originally part of the pealed. thorization Act, Fiscal Years 1990 and 1991 Senate-passed version of the Paper- (f) REPORT ON TECHNOLOGY UTILIZATION AND (22 U.S.C. 2414a); INTELLECTUAL PROPERTY RIGHTS.—Section (7) section 25 of the Arms Export Control work Reduction Act. Senators MCCAIN 11(f) of the Stevenson-Wydler Technology In- Act (22 U.S.C. 2765); and LEVIN are credited with the origi- novation Act of 1980 (15 U.S.C. 3710(f)) is re- (8) section 28 of that Act (22 U.S.C. 2768); nal concept of the provisions in this pealed. (9) section 36 of that Act (22 U.S.C. 2776); bill and I commend them for all the (g) REPORT ON EXTRAORDINARY CONTRAC- (10) section 6 of the Multinational Force time that was put into this effort. TUAL ACTIONS TO FACILITATE THE NATIONAL and Observers Participation Resolution (22 While I was chairing the Paperwork U.S.C. 3425); DEFENSE.—Section 4(a) of the Act entitled Reduction Act conference it was agreed ‘‘An Act to authorize the making, amend- (11) section 104 of the FREEDOM Support ment, and modification of contracts to fa- Act (22 U.S.C. 5814); to that this effort merited separate in- cilitate the national defense’’, approved Au- (12) section 508 of that Act (22 U.S.C. 5858); troduction as freestanding legislation. gust 28, 1958 (50 U.S.C. 1434(a)), is amended by (13) section 4 of the War Powers Resolution In drafting this bill, every executive striking out ‘‘all such actions taken’’ and in- (50 U.S.C. 1543); branch department and agency was serting in lieu thereof ‘‘if any such action (14) section 204 of the International Emer- asked to identify reports that could be has been taken’’. gency Economic Powers Act (50 U.S.C. 1703); eliminated. A copy of S. 790 was sent to (h) REPORTS ON DETAILING EMPLOYEES.— (15) section 14 of the Export Administra- tion Act of 1979 (50 U.S.C. App. 2413); every Chair and ranking member of Section 619 of the Treasury, Postal Service, every House and Senate full committee and General Government Appropriations (16) section 207 of the International Eco- Act, 1993 (Public Law 102–393; 106 Stat. 1769), nomic Policy Act of 1972 (Public Law 92–412; for their review. The response by both is repealed. 86 Stat. 648); the majority and minority was over- (17) section 4 of Public Law 93–121 (87 Stat. SEC. 3002. REPORTS MODIFIED. whelmingly favorably and through this 448); Section 552b(j) of title 5, United States review process we were able to add (18) section 108 of the National Security Code, is amended to read as follows: more reports to this piece of legisla- Act of 1947 (50 U.S.C. 404a); ‘‘(j) Each agency subject to the require- tion and compile a list of over 200 con- (19) section 704 of the Support for East Eu- ments of this section shall annually report ropean Democracy (SEED) Act of 1989 (22 gressionally mandated reports which to the Congress regarding the following: U.S.C. 5474); will be eliminated or modified. ‘‘(1) The changes in the policies and proce- (20) section 804 of the Foreign Relations My colleague from Maryland, Mr. dures of the agency under this section that Authorization Act, Fiscal Years 1990 and 1991 have occurred during the preceding 1-year EHRLICH, has recently introduced H.R. (Public Law 101–246; 104 Stat. 72); period. 2331 which is the House companion to (21) section 140 of the Foreign Relations ‘‘(2) A tabulation of the number of meet- the S. 790. I commend him for his Authorization Act, Fiscal Years 1988 and 1989 ings held, the exemptions applied to close dilligent efforts in working in the ef- (22 U.S.C. 2656f); meetings, and the days of public notice pro- (22) section 2 of the Act of September 21, fort to alleviate the executive branch vided to close meetings. 1950 (Chapter 976; 64 Stat. 903); of its heavy paperwork burden. I urge ‘‘(3) A brief description of litigation or for- (23) section 3301 of the Panama Canal Act all Members to join me in support of mal complaints concerning the implementa- of 1979 (22 U.S.C. 3871); this important bill and I would at this tion of this section by the agency. (24) section 2202 of the Export Enhance- ‘‘(4) A brief explanation of any changes in time like to yield, as much time as he ment Act of 1988 (15 U.S.C. 4711); law that have affected the responsibilities of may consume, to my colleague from (25) section 1504 of Public Law 103–160 (10 the agency under this section.’’. Maryland for an introductory state- U.S.C. 402 note); ment. SEC. 3003. TERMINATION OF REPORTING RE- (26) section 502 of the International Secu- QUIREMENTS. rity and Development Coordination Act of Madam Speaker, I reserve the bal- (a) TERMINATION.— 1985 (22 U.S.C. 2349aa–7); ance of my time. (1) IN GENERAL.—Subject to the provisions (27) section 23 of the Act of August 1, 1956 Mr. GENE GREEN of Texas. Madam of paragraph (2) of this subsection and sub- (Chapter 841; (22 U.S.C. 2694(2)); Speaker, I yield myself such time as I section (d), each provision of law requiring (28) section 5(c)(5) of the Export Adminis- the submittal to Congress (or any committee may consume. tration Act of 1979 (50 U.S.C. App. 2404(c)(5); Madam Speaker, I rise to support S. of the Congress) of any annual, semiannual, (29) section 14 of the Export Administra- or other regular periodic report specified on tion Act of 1979 (50 U.S.C. App. 2413; 790. the list described under subsection (c) shall (30) section 50 of Public Law 87–297 (22 In the previous Congresses, this bill cease to be effective, with respect to that re- U.S.C. 2590); would be a typical bill for the Suspen- quirement, 4 years after the date of the en- (31) section 240A of the Foreign Assistance sion Calendar. It is not controversial actment of this Act. Act of 1961 (22 U.S.C. 2200a); or and has bipartisan support, including (2) EXCEPTION.—The provisions of para- (32) section 604 of the United States Infor- graph (1) shall not apply to any report re- the support of the administration. mation and Educational Exchange Act of This bill simply eliminates reports to quired under— 1948 (22 U.S.C. 1469). (A) the Inspector General Act of 1978 (5 Congress that have outlived their use- U.S.C. App.); or Mr. CLINGER (during the reading). fulness. Senator CARL LEVIN of Michi- (B) the Chief Financial Officers Act of 1990 Madam Speaker, I ask unanimous con- gan instituted this bill last session and (Public Law 101–576), including provisions en- sent that the amendment be considered has been joined in the session by Sen- acted by the amendments made by that Act. as read and printed in the RECORD. ator MCCAIN. (b) IDENTIFICATION OF WASTEFUL RE- The SPEAKER pro tempore. Is there The Federal Report Elimination and PORTS.—The President shall include in the objection to the request of the gen- Sunset Act of 1995 eliminated over 200 first annual budget submitted pursuant to tleman from Pennsylvania? section 1105 of title 31, United States Code, There was no objection. congressionally mandated reports and after the date of enactment of this Act a list The SPEAKER pro tempore. Pursu- sunsets most periodic reports author- of reports that the President has determined ant to the rule, the gentleman from ized before 1982. Over 89 departments are unnecessary or wasteful and the reasons Pennsylvania, Mr. CLINGER, will be rec- and agencies and all committees of the for such determination. House and Senate were contacted to (c) LIST OF REPORTS.—The list referred to ognized for 30 minutes, and the gen- under subsection (a) is the list prepared by tleman from Texas, Mr. GENE GREEN, develop the list of reports to be elimi- the Clerk of the House of Representatives for will be recognized for 30 minutes. nated. the first session of the 103d Congress under The Chair recognizes the gentleman Madam Speaker, to demonstrate why clause 2 of rule III of the Rules of the House from Pennsylvania [Mr. CLINGER]. this report elimination bill is impor- of Representatives (House Document No. 103– Mr. CLINGER. Madam Speaker, I tant, let me describe just a couple of 7). yield myself such time as I may the reports eliminated or modified. (d) SPECIFIC REPORTS EXEMPTED.—Sub- consume. First is a monthly report required from section (a)(1) shall not apply to any report Madam Speaker, I am pleased today the Secretary of the Treasury on the required under— (1) section 116 of the Foreign Assistance to offer S. 790, the Federal Reports sales of the World Cup U.S.A. 1994 com- Act of 1961 (22 U.S.C. 2151n); Elimination and Sunset Act of 1995, memorative coin. The 1994 World Cup (2) section 306 of that Act (22 U.S.C. 2226); which streamlines Federal reporting was an exciting event in the United (3) section 489 of that Act (22 U.S.C. 2291h); requirements by cutting and reforming States, but I think we could all agree H 12228 CONGRESSIONAL RECORD — HOUSE November 14, 1995 that the monthly reports on a com- monthly reports on a commemorative coin is POINTS OF ORDER memorative coin really serve no good, not a good use of resources. Mr. EHRLICH. Madam Speaker, useful purpose. The second example is a 1975 requirement point of order. The second example is a 1975 require- that each agency report annually on its efforts The SPEAKER pro tempore. The gen- ment that each agency report annually to implement the metric system. Now, I am tleman will suspend. on its efforts to implement the metric sure that these and each of the 200 other re- The gentleman from Maryland will system. I am sure there are those in ports eliminated by this bill were valuable at state his point of order. the time they were written. Continuing to these and each of the other 200 reports Mr. EHRLICH. The gentleman has spend money and time to compile them is not eliminated by this that were valuable made a nongermane inquiry to the gen- a good use of scarce resources. at one time when they were written. tleman from Texas. Continuing to spend the money and In reviewing this legislation, Mrs. COLLINS Mr. GENE GREEN of Texas. Madam time to compile them is not a good use wrote to the ranking democrat on each com- Speaker, if I could be heard, I would of scarce resources. Again this is a mittee and asked them to review the bill. In just like to be able to answer that. good example, Madam Speaker, of particular, I asked them to advise if any of the bipartisanshipness on our committee reports listed to be eliminated were useful to The SPEAKER pro tempore. The that I would hope we would see on lots them, and therefore should be kept. This bill Chair will hear the gentleman. of other issues in Congress. incorporates the changes suggested by rank- Mr. GENE GREEN of Texas. Madam In reviewing the legislation, our ing members CLAY and HAMILTON, and those Speaker, in response to my colleague ranking member, the gentlewoman suggested by Secretary Glickman and the from California, I would be glad to go from Illinois [Mrs. COLLINS], wrote to Railroad Retirement Board. over subtitle F with him, the Depart- each ranking Democrat on all commit- This bill is estimated to save over $2 million ment of Health and Human Services tees and asked them to review the par- in printing costs and paperwork. Four years and the reports eliminated, and it does ticular bill. She asked them to advise from now most of the remaining congression- not address, you know, the controversy of any reports listed to be eliminated ally mandated reportsÐestimated at over that the Speaker has talked about that were useful to them and should, 3,000Ðwill be sunset. The sunset provision under Medicare. It does talk about the therefore, be kept. The bill incor- will require Congress to decide which reports effects of toxic substances and an an- porates changes by ranking members, should be reauthorized, and which should be nual report from the Surgeon General the gentleman from Missouri [Mr. left behind. to be transmitted to the Secretary. Congressionally mandated reports often CLAY] and the gentleman from Indiana Nowhere under subtitle F of S. 790 serve useful purposes. They are among the [Mr. HAMILTON], and those suggestions does it address the controversy that we by Secretary Glickman and also the oversight tools we use to find out if the intent see today and hear today concerning Railroad Retirement Board. of the Congress is being followed. the quotes from our Speaker on Medi- Reports to Congress are as prevalent under The bill is estimated to save over $2 care. the new Republican leadership as they were million in costs in printing costs and Mr. EHRLICH. I thank the gen- under Democratic Congresses. For example, paperwork. Four years from now most tleman. the Department of Commerce Dismantling Act, of the remaining congressionally man- H.R. 1756, which is included in the House- The SPEAKER pro tempore. The dated reports, an estimated 3,000, will passed Reconciliation bill, requires four re- Chair would ask all Members to, be sunsetted. The sunset provision will ports to Congress from the Director of OMB. please, confine their remarks to the de- require Congress to decide which re- That's four reports over 3 years just on the bate on the bill under discussion which ports should be authorized and which process of dismantling the Department of deals with the reporting requirements. should be left behind. Commerce. Mr. STARK. Madam Speaker, point Sunset legislation has been success- Similarly, H.R. 4, the House welfare reform of order. I believe I was on his time. ful in a lot of our individual States, bill written by the Republican leadership, re- Mr. GENE GREEN of Texas. I was re- and I am glad to see our U.S. Congress quires a number of reports from the Secretary sponding to the question. I yield addi- again on a bipartisan basis addressing of Health and Human Services, and still more tionally to my colleague, the gen- and using sunset to deal with the num- reports to be filed by each State. tleman from California. ber of reports and the paperwork that This bill, and the Paperwork Reduction Act, The SPEAKER pro tempore. The gen- we have. show what can be done if we act in a biparti- tleman from California will state his With that, Madam Speaker, I am san way. The Paperwork Reduction Act point of order. placing additional comments in the amendments passed earlier this year sets out Mr. STARK. No. I just indicated I RECORD. a goal of a 10-percent reduction in paperwork had the time when the gentleman rose. Thank you, Madam Speaker. I rise to sup- for each Department. The SPEAKER pro tempore. The gen- port S. 790. In previous Congresses, this bill In the future, we would be wise to carefully tleman may proceed. would be a typical bill for the Suspension Cal- consider reporting requirements in new legisla- endar. It is not controversial, and has biparti- Mr. STARK. I thank the Speaker. tion to see which reports we can do without. If the gentleman from Texas would san support, including the support of the ad- Based upon the recent record of this Con- ministration. The bill simply eliminates reports yield further to enlighten this gen- gress, it appears that more reports than ever tleman on the content of the bill and to Congress that have outlived their useful- are still being required. Congress must police ness. Senator CARL LEVIN of Michigan initiated the intent of S. 790 and particularly its own paperwork requirements as vigilantly subtitle F, eliminating reports of the this bill last session and is joined this year by as we expect the administration to curtail its Senator MCCAIN. Department of Health and Human demands on the public. Services, this is a report on Medicare The Federal Reports Elimination and Sunset This bill represents a good first step in this treatment of uncompensated care that Act of 1995 eliminates almost 200 congres- process, and I urge my colleagues to support is eliminated. sionally mandated reports, and sunsets most this bill. periodical reports authorized before 1992. Mr. STARK. Madam Speaker, will Now, I believe that uncompensated Over 89 Departments and Agencies, and all the gentleman yield? care will increase as the uninsured in- committees of both the House and the Senate, Mr. GENE GREEN of Texas. I yield crease as a result of the Republican bill were contacted to develop the list of reports to to the gentleman from California. for destroying or attempting to destroy be eliminated. Mr. STARK. Madam Speaker, I would Medicare and there will be a 50 percent Madam Speaker, to demonstrate why this like to ask the distinguished gen- increase in uninsured. The uninsured in report elimination bill is so important, let me tleman from Texas, as this bill deals this country will go from 40 million describe just a couple of the reports that with Senate bill 790, eliminating and today to 66 million by 2002. would be eliminated or modified. First is a sunsetting acts, and there is a subtitle, Those people will still be entitled to monthly report required from the Secretary of F, Department of Health and Human treatment in an emergency room, and the Treasury on the sales of the World Cup Services; this does not under any cir- normally if they were Medicare pa- USA 1994 Commemorative Coin. The 1994 cumstances accede to the wishes of tients, that emergency room would, in World Cup was an exciting event for the Unit- Speaker GINGRICH and sunset the Medi- the normal course of business, reim- ed States, but I think we would all agree that care bill, by any chance, does it? burse these hospitals. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12229 Now, if we do not know the effect of consequences, or perhaps the intended has been reduced, we will not have that all of these additional 20 million unin- consequences, if you would take the information anymore. sured as caused as a result of the Ging- Speaker’s speech at face value that he Can the gentleman assure me that rich Medicare bill, which attempts to would like to destroy Medicare, and aside from the hordes of disadvantaged destroy it, how will we be able to know most of us do not want to, the Repub- children and crippled seniors and poor whether the Government is fairly reim- licans do, the Democrats do not, but if seniors who will be marching on Wash- bursing the local hospitals which will the Republicans continue to prevail, ington asking why Speaker GINGRICH have to have the increased burden of then we will not even, under this bill, led the fight to destroy Medicare, if the Medicare treatment for those who under subtitle F, have a report on the there is no other way, will we know, no longer have insurance, particularly Medicare treatment on uncompensated will we still have reports that will call those poor seniors whose incomes are care. And I ask the gentleman from to our attention the obscene, criminal under $7,000, who will be cut out of the Texas if that was intended. way in which the Republican bill will Medicaid Program if we do not have Following that, I would like for us treat these seniors, if we do in fact sup- that information? get on to the next report that assists port S. 790 as the gentleman suggests? Will that not necessarily impact very the homeless. Could the gentleman re- Mr. GENE GREEN of Texas. Madam seriously on those disproportionate- spond to my question in terms of treat- Speaker, reclaiming my time. In re- share hospitals who depend on the Med- ment of uncompensated care, how it sponse to my colleague from Califor- icare payment for uncompensated care? will impact and require closing of com- nia, the reporting requirement in sub- Without this report, how can we pos- munity hospitals, all as a result of title F and subsection (d) is not going sibly know the horrendous effects that Speaker GINGRICH’s Medicare changes? to stop whatever the decision of this the changes, the Republican changes Congress, the Senate and the House, do b 1145 that they are trying to make to the on uncompensated care for Medicare or Medicare bill to fund their tax cuts to Mr. GENE GREEN of Texas. Well, anyone else and I share the gentle- the rich, how will that under S. 790, again the gentleman brings up a valid man’s concern. I have a district in will there be a replacement? Will we be point in reference to the report on the Houston where my local hospitals are able to get that information so that we treatment of uncompensated care. predominantly Medicare or cash pay- can compensate those hospitals? Madam Speaker, the treatment will ment, with very little third party cov- Mr. GENE GREEN of Texas. In re- still be there for uncompensated care erage. In fact, we already have one hos- sponse to the question from my col- because under this bill are we not with- pital in my district which closed. league from California, Madam Speak- drawing that ability. We will be able to Mr. STARK. Madam Speaker, if the er and Members, the report on Medi- know that without having an annual gentleman will yield, that is inhumane. care treatment of uncompensated care report from the Social Security Ad- Mr. GENE GREEN of Texas. It is is a report that is required right now. ministration or the Medicare trustees tragic. It happened even before the ex- If there is some senior citizen who is on the treatment of uncompensated treme Medicare plan that is considered not on the fee-for-service Medicare and care. We can be assured it is going to by this Congress. I am only concerned if they show up at an emergency room happen. that in other pieces of legislation we for treatment, then under current law We know in real life if somebody does may make it even worse. But, again, they will still be treated no matter not have insurance then they are going this elimination of the Medicare report what. We are not changing that law ei- to show up at an emergency room for on uncompensated care, will not pre- ther in the bill, S. 790, or any other bill lots of reasons; for the flu, for tooth- vent seniors from receiving the care that I have seen come through the Con- aches, for lots of things like that. And they need if they show up at a health gress. So, in other words, if I am 70 if they do not have Medicare, then they care facility. Some other Republican years old and, because of the increase will then be part of the general health legislation somewhere down the way in Medicare premiums, I am not taking care system, and that hospital will be may do it, but I have not seen one at part in Medicare, if I show up at my required to treat them. As we know, in this session do it. local hospital, they still have to treat most of our emergency rooms around Mr. STARK. Madam Speaker, if the me. Mr. STARK, you are right, we are the country, they prioritize. Someone gentleman will yield further, the gen- not changing that by this bill. who has a lesser degree of illness than tleman’s compassion for the seniors Mr. STARK. If the gentleman will someone else may have to wait some- and his fight to preserve Medicare, in yield further, we are led to believe times 6, 8, 10 hours for treatment. spite of the fight to destroy it led by that, further addressing S. 790 and the Mr. STARK. If the gentleman would Speaker GINGRICH and the chairman of reports, that the amount of uncompen- yield further, now under the current the House Committee on Ways and sated care could rise to $33.5 billion, Medicare system as designed by the Means, who is also a neighbor of the under one scenario, as much as $43 bil- Democrats 30 years ago, we have com- gentleman’s, and it is evidenced by his lion, and, further, that teaching hos- pensated those hospitals, those distin- supporting of this wonderful bill, S. pitals could see the biggest increase of guished teaching hospitals, the centers 790, which, on the basis of the gentle- uncompensated care. of excellence. We have compensated, man’s recommendation, I certainly in- Now, without this information, I and I am going to get to S. 790 here in tend to vote for, but further, the gen- know that it is of no matter to the Re- a minute, because it is to this report tleman’s assurance that eliminating publicans and to Speaker GINGRICH, on Medicare treatment of uncompen- this report on uncompensated care will who does not care if we close our cen- sated care that is the nexus of my re- not further impact the hospitals in ters of excellence as he begins to de- marks. Houston beyond which the Committee stroy Medicare over time, but S. 790 If the gentleman from Texas will on Ways and Means bill reported out by was one way, through the reports on yield further as I make my nexus, the the chairman, who is also from Hous- Medicare treatment of the uncompen- reports on the Medicare treatment of ton, which will probably cause the clos- sated care under subtitle F, that we uncompensated care are how we know ing of many hospitals in Houston, I would know what was happening. The how to reimburse those hospitals, be- know that is not this gentleman’s in- hospitals are going to have to hold cause under the Gingrich plan to de- tent. their annual cost increases to less than molish Medicare to help pay for tax I respect the gentleman for his battle half of inflation, and many of the hos- cuts for the rich, these hospitals will to preserve Texas hospitals for the sen- pitals are likely to close, and they are not get paid. If we do not know, when iors and the poor in the face of the Re- the ones most likely to close, are those we come to our next corrections day publican onslaught, where they are at- serving a high number of Medicare and and they have closed the hospitals in tempting to cut Medicare to pay for Medicaid patients and the uninsured. Houston, and when they have closed capital gains for the rich people in When there is a correction needed, I the hospitals in Los Angeles, because Houston, who will get these great cap- certainly would support it, and as the they are treating people who cannot ital gains tax reductions as the hos- gentleman suggests, supporting S. 790 pay and the local taxpayers will not pitals close and the homeless, by the is a good thing. But the unintended have any money to pay for it, Medicare way, in Houston, will go up. H 12230 CONGRESSIONAL RECORD — HOUSE November 14, 1995 If the gentleman will yield further, in and for Medicare, in spite of the on- Mr. EHRLICH. Madam Speaker, I this same section under S. 790 we are slaught made by the Republicans and honest to God got up to talk about the eliminating a report on programs to as- Speaker GINGRICH to destroy it. bill. sist homeless individuals. Now, with Mr. GENE GREEN of Texas. Madam Madam Speaker, in 1993 Congress re- the increased costs in Medicare that Speaker, reclaiming my time, I hope if quired the Office of the President and the Gingrich-Archer Medicare bill will we pass 790, we will see health care pro- executive branch agencies to prepare cause, huge increases in costs to low- viders will not have to fill out unneces- more than 5,300 reports. This has be- income seniors under Medicare, many sary forms and they could provide come a genuine problem. It is one that of them write to me and tell me they more direct service to my constituents the Federal Reports Elimination and will not be able to pay their rent, be- who need that medical treatment, in- Sunset Act has focused on directly, not cause not only will their copayments stead of just filling out a form that only to save money but also to allow go up, the doctors will be charging they have to send in. executive branch departments and them more. Mr. STARK. The gentleman makes agencies to focus their resources on If we do not have the report under S. an excellent point. more worthy endeavors. 790 on page 33 in the report, we do not Mr. GENE GREEN of Texas. Madam As Chairman CLINGER has pointed know of the huge increase in those Speaker, let me continue briefly. Re- out, conferees for the Paperwork Re- homeless people, how will the city of ports to the Congress are prevalent not duction Act felt that the original Houston be able to come back here just under Republican leadership or McCain and Levin amendments should through its Representatives who are under Democrat leadership. In fact, be offered in both Chambers as free- concerned about the matter and those under a bill passed this session already, standing legislation because of the im- Representatives who care anything the Department of Commerce Disman- portant changes that this bill makes. about the poor, how will you be able to tling Act, which was included in the Majority and minority members of know how the problem is growing as a reconciliation bill, four reports to Con- the Government Reform and Oversight result of the inhumane treatment gress are required from the Director of Committee circulated a copy of S. 790 under the Gingrich-Archer Medicare- OMB. Those four reports over 3 years to all House full committee chairmen Medicaid destruction bill, and how will are just the process of dismantling the and ranking members in a two-fold ef- you be able to, without the reports, if Department of Commerce. Similarly, fort to one, receive input from Com- S. 790 passes, how will you know how in the welfare bill that was passed ear- mittees with jurisdiction over the re- this problem is being exacerbated? lier this year, there are a number of re- ports slated for elimination or modi- Mr. GENE GREEN of Texas. Madam ports required from the Secretary of fication and two, to gain broad biparti- Speaker, in response, I have a great Health and Human Services, and still san support for this bill. There was deal of faith in our local agencies, both more reports to be filed by each State. strong support from both sides of the our hospitals at the Texas Medical Cen- So this is an issue. We ultimately aisle in the responses we received. ter who will talk to their local Mem- need to address. But, this bill needs to The sunset provision is a vital part of bers about uncompensated care, but be passed, no matter who is in the lead- this bill. It eliminates those reports also with our local housing authorities. ership or who is in the White House, with annual, semiannual, or regular Because I work with, not only the HUD because we have to continually mon- periodic reporting requirements 4 years office locally in Houston, but also with itor the Government to make sure that after the bill’s enactment, while afford- the Houston Housing Authority to we do not have duplicative reports or ing Members of Congress the oppor- make sure the elderly and homeless are reports sitting on a shelf and gathering tunity to reauthorize those reports protected. Whether we have a report dust. We need to make sure we are ac- deemed necessary for carrying out ef- that is being filed up here which people tually utilizing them. fective congressional oversight. This will review or not, we still need to Madam Speaker, I reserve the bal- provision does not apply to any report- make sure we remember those people ance of my time. ing requirements under the Inspector in those facilities. Mr. CLINGER. Madam Speaker, I General Act of 1978 or the Chief Finan- Mr. STARK. Madam Speaker, if the yield myself 1 minute. cial Officers Act of 1990. This provision gentleman will yield further, the gen- Madam Speaker, we have just ob- originally was introduced by Senator tleman is sure this Texas Medical Cen- served a rather artful manipluation of MCCAIN and I commend him for his vi- ter and the people that run the housing the rules of the House to deliver a fili- sion in including such an important programs will understand that there is buster, almost a diatribe, on the ques- provision in this bill. a difference, we talk about a farm prob- tion of Medicare. I would say that the Madam Speaker, the most important lem, the difference between hamburger nexus of this side of the aisle to the re- element of this bill can be found in the and the other part of the cow, between marks by the gentleman from Califor- Congressional Budget Office report the Members representing Houston, nia is that the gentleman fails to rec- which has estimated that enactment of that this Member from Houston is an ognize that Medicare is going broke, this bill will result in $2 million in sav- adamant supporter of programs for the that the system is going to be bank- ings each year for fiscal years 1996 poor and the hospitals, while other rupt by the year 2002. One of the objec- through 1999 and that’s before the sun- Members from Texas may be support- tives of this legislation is to try to set provision is factored in. ing the Gingrich plan, which will de- save some money. We get rid of some of This legislation represents a perfect stroy the hospitals. these reports which are costly and are example of the reason for corrections The gentleman is sure the hospitals impacting possible our ability to con- day. Corrections day was established to will recognize him as a supporter of the tinue to deliver quality medical care to correct outdated, noncontroversial leg- Medicare plan, and not a destroyer? our senior citizens. islation. This commonsense bill had bi- Mr. GENE GREEN of Texas. Mr. So I think it has to be put in focus partisan support from the Government Speaker, reclaiming my time, I am here, that what we are really dealing Reform and Oversight Committee as confident when we deal with all of with here is a system that is going well as the Speaker’s Advisory Group these issues, that the people will know bankrupt. The gentleman from Califor- on corrections day. who is working for the hospitals and nia apparently does not accept that, or I urge every Member to join me in who is not whether they are in Houston is not willing to admit that. At least supporting this extremely important or around the country. the gentleman does not seem to be bill. We need to continue cutting to Mr. STARK. Madam Speaker, I cer- willing to make the kind of sacrifices lighten the redtape burdening execu- tainly hope so. I hope the hospitals in that are going to be needed to be made tive branch agencies so our Govern- Houston know in spite of the gentle- in order to ensure that senior citizens ment can operate with fewer restric- man’s distinguished leadership on the in generations to come will still have tions and greater efficiency. part of S. 790, the gentleman has not medical care. Madam Speaker, I feel compelled to taken leave of his senses and the gen- Madam Speaker, I yield such time as add two points. I am glad the people tleman is and continues to be an ada- he may consume to the gentleman are up in the gallery today and I am mant fighter for the cause of the poor from Maryland [Mr. EHRLICH]. glad these proceedings are televised, so November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12231 that the American people can just see LICH, on the Health Care Financing Ad- mine whether it is important or nec- and hear what they just saw and heard. ministration and the direct quote. The essary to continue to address this his- With respect to the report on the ter- Health Care Financing Administration tory of racial discrimination in reg- mination of uncompensated care, has been seen as a euphemism for the istration and voting patterns in many which was our friends across the aisle’s Medicare Program, because without of our southern States, and how will we nexus to get into the Medicare debate, the Health Care Financing Administra- determine whether it is necessary to and I know facts are confusing and tion you do not have a fee for service, continue to have majority-minority facts are very dangerous in political you do not have an ability for someone voting districts created under law? debate, but I feel compelled, Madam to go pick their own doctor, you are Madam Speaker, I do not know how Speaker, to actually read the real going to have someone who is going to we would be able to do that without words the Speaker used with respect to have their doctor picked for them by the statistical information. Perhaps the future of HCFA and Medicare, be- someone in Washington DC, or some- the gentleman from Pennsylvania cause the American people actually one else. could enlighten me, because I am deep- need to hear the facts, the real words. Let us get back to S. 790, Madam ly troubled that we would be repealing The Speaker’s quote was always as Speaker, because again, it is to reform the statute under which this kind of follows: ‘‘You know, we tell Boris the reporting requirements, and I statistical information is gathered that Yeltsin, get rid of centralized com- would hope it would be considered in serves a very, very, very important mand bureaucracies. Go to the market- light of the fact that there are individ- public purpose, and, in fact, is probably place. Okay. What do you think the ual reports that some of us may like in one of the most topical issues that we Health Care Financing Administration here, but our goal is to try and control are dealing with and that the U.S. Su- is? It is a centralized command bu- the cost of Government, and S. 790 preme Court is dealing with. reaucracy. It is everything we are tell- would do that. Mr. GENE GREEN of Texas. Madam ing Boris Yeltsin to get rid of. No, we Madam Speaker, I yield such time as Speaker, if I could reclaim my time don’t get rid of it in round one, because he may consume to the gentleman and ask that the chairman of the com- we don’t think it is politically smart. from North Carolina [Mr. WATT]. mittee, Mr. CLINGER, respond on his We don’t think that is the right way to Mr. WATT of North Carolina. Madam time. go through a transition. But we believe Speaker, I thank the gentleman for Mr. CLINGER. Madam Speaker, may it is going to wither on the vine, be- yielding time to me, and I appreciate I respond to the gentleman from North cause we think seniors, parentheti- the importance of the debate which has Carolina [Mr. WATT], and I think we cally, seniors, are voluntarily going to taken place on the Medicare provisions can partially address his concerns. Mr. WATT of North Carolina. Madam leave it voluntarily.’’ of this bill and the implications that Speaker, I would like to make clear to Facts. Real words, real quotes. Dan- this bill has for Medicare. the gentleman from Pennsylvania that gerous on this floor. But the American Madam Speaker, I rise to make a the gentleman from Texas, Mr. GENE people watching on TV and the Amer- couple of points and then ask a ques- GREEN, has taken back his time. ican people sitting in the gallery need tion about a separate section of this to hear facts, real words. So is the gentleman willing to re- bill which will determine whether I am spond to me on his time, because I need b 1200 able to vote for the bill and determine to have this question answered if I am Finally, Madam Speaker, I view this whether we mobilize people to, in fact, going to be able to support the bill. as an essential element in our continu- vote against the bill. Mr. CLINGER. Madam Speaker, I ing campaign to actually save Amer- There is a provision in the bill which yield myself such time as I may ican people money. The President’s would repeal the provisions of section consume to respond to the inquiry of health care task force report cost the 207 of the Voting Rights Act of 1965. It the gentleman from North Carolina. American public $14 million. This is is under this first section of subtitle B I would say to the gentleman, my un- merely a partial repayment for the of this bill, section 1021, and it appears derstanding is that this was originally hardworking folks who sent us to to me that the effect of that provision in the bill as was introduced by Sen- Washington. is to do away with the requirement ator LEVIN. It, as I understand it, is a ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE that statistical information regarding redundant report that is basically re- The SPEAKER pro tempore (Mrs. jurisdictions, both local and State, petitive of a report that is still re- MYRICK). The Chair reminds the Mem- which are covered by the Voting Rights quired and still provides the informa- ber not to direct remarks to the view- Act, are, in fact, complying with the tion that the gentleman is requesting. ing audiences in the gallery or on tele- Voting Rights Act. Mr. WATT of North Carolina. Madam vision. In other words, you have certain Speaker, will the gentleman yield? Mr. GENE GREEN of Texas. Madam States that have been required to be Mr. CLINGER. I yield to the gen- Speaker, I yield myself such time as I covered by the Voting Rights Act be- tleman from North Carolina. may consume. cause of a history of having discrimi- Mr. WATT of North Carolina. Madam Mr. Speaker, I am glad that the nated against certain voters in that Speaker, I would inquire of the gen- chairman of the committee particu- particular State or that particular ju- tleman, who does the other report? Is larly mentioned that Medicare is going risdiction, and this particular report- it the Census Bureau that does it? broke, and although this bill, S. 790, ing requirement that is being repealed Mr. CLINGER. Madam Speaker, re- has nothing to do with Medicare going requires the Census Bureau to obtain claiming my time, it is indeed the Cen- broke, but let me respond to the gen- and report statistical information sus Bureau that would do this. This tleman’s claim that Medicare is going about voting patterns and registration was basically a technical glitch, and broke because I think it has to be re- patterns in those particular congres- really as I understand it, it is a totally sponded to on the floor. sional districts, States, local jurisdic- duplicative report. The information Madam Speaker, Medicare is going tions, which are covered by the Voting would still be required, still would be broke in the year 2002, but not to the Rights Act. available. I think we all share the gen- tune of $270 billion that they talk Madam Speaker, in the absence of tleman’s concern that we need to have about cutting out of the system. The this reporting provision, I would like the proper information. Medicare trustees’ report said we need- to direct a question to the gentleman Mr. WATT of North Carolina. Madam ed to cut $90 billion to extend the sol- from Pennsylvania [Mr. CLINGER], if I Speaker, if the gentleman would yield vency of the trust fund to the year 2006, might, since he is the chief spokes- further, would the gentleman be able not $270 billion. So the threat of going person in favor of this bill. to direct me to the provision which is broke is only hype from the Republican In the absence of these reporting pro- the redundant provision? Also, would side to try and justify the $245 billion visions, in the year 2000, when we are the gentleman tell me whether there is in tax cuts that they are still going to required to have the Census Bureau any way that we could temporarily try and provide. gather information on which redistrict- pull this particular part out for those Madam Speaker, let me respond to ing will be done, how will we have the of us who have a strong commitment my colleague from Maryland, Mr. EHR- information available to us to deter- to continuing the Voters Rights Act? H 12232 CONGRESSIONAL RECORD — HOUSE November 14, 1995 Mr. CLINGER. Madam Speaker, in an the NAACP and SCLC, NACLU, and all The SPEAKER pro tempore. Pursu- attempt to allay the concerns of the of the organizations who put so much ant to the rule, the previous question gentleman, this particular provision; in time and effort into developing legisla- is ordered on the amendment in the na- fact, this section of the bill we re- tion that would give us a measure of ture of a substitute, as modified, and quested the gentlewoman from Illinois protection and help to shine the light the bill. [Mrs. COLLINS], the ranking member of on those practices that would elimi- The question is on the amendment in the Committee on Government Reform nate participation in the process in the nature of a substitute, as modified, and Oversight, to review. She, in turn, ways that we have solved historically. offered by the gentleman from Penn- requested the ranking member of the So, Madam Speaker, I think the gen- sylvania [Mr. CLINGER]. Committee on the Judiciary, the gen- tleman from North Carolina [Mr. The amendment in the nature of a tleman from Michigan [Mr. CONYERS], WATT] really does make a serious re- substitute, as modified, was agreed to. to review this. quest, and it is not understood by those The SPEAKER pro tempore. The Mr. WATT of North Carolina. Madam of us who try and watch this kind of question is on the engrossment and Speaker, with due respect to both of thing why, in fact, you would be re- third reading of the bill. those valuable people, they are not pealing something that you want to re- The bill was ordered to be engrossed from States that are covered by the quest the Census Bureau to do. If it is and read a third time, and was read the Voting Rights Act, and this has a par- the same thing, why not leave it intact third time. ticular significance to us in States and not mess with it? The SPEAKER pro tempore. The which are substantially covered by the As a matter of fact, it may even look question is on the passage of the bill. Voting Rights Act that it may not innocent, but I submit to you that it The question was taken; and (three- have to someone in Illinois. may not be that innocent. fifths having voted in favor thereof) Mr. CLINGER. Madam Speaker, if I Mr. WATT of North Carolina. Madam the bill was passed. may respond to the gentleman in this Speaker, will the gentlewoman yield? A motion to reconsider was laid on respect: The counsel to the Committee Ms. WATERS. I yield to the gen- the table. on Government Reform and Oversight tleman from North Carolina. f is standing at the gentleman’s right Mr. WATT of North Carolina. Madam GENERAL LEAVE shoulder and is going to provide the Speaker, it appears to me that I have gentleman, I hope, with information been handed just a summary of what Mr. CLINGER. Madam Speaker, I ask that would, again, allay your concerns this particular bill does, which is re- unanimous consent that all Members that, in fact, information is going to be peal this particular section, rather may have 5 legislative days in which to provided. than having been handed some duplica- revise and extend their remarks and in- Mr. WATT of North Carolina. Madam tive provision, as the gentleman from clude extraneous material on S. 790, Speaker, the gentleman has handed me Pennsylvania [Mr. CLINGER] has indi- the Senate bill just passed. a section which is section 207 of the cated. The SPEAKER pro tempore. Is there Voting Rights Act, which appears to I would have to say to the gentleman objection to the request of the gen- direct the Census Bureau to do exactly that unless I can be satisfied that there tleman from Pennsylvania? the same thing that this particular sec- is, in fact, in place a provision in the There was no objection. tion directs the Census Bureau to do. law, I will have to vote against the bill. f So why is it necessary to repeal this Mr. CLINGER. Madam Speaker, I ANNOUNCEMENT BY THE SPEAKER provision? We are not accomplishing yield myself 1 minute, basically to re- PRO TEMPORE anything by repealing it if, in fact, the spond to the gentleman. same requirement is imposed on the As I say, I come somewhat fresh to The SPEAKER pro tempore (Mr. Census Bureau somewhere else. this issue, because we had understood, KOLBE). Pursuant to the provisions of Mr. CLINGER. Madam Speaker, if I at least, that it had been pretty care- clause 5 of rule I, the Chair announces may respond to the gentleman this fully vetted to ensure that we were not that he will postpone further proceed- way, that it is really basically a tech- going to be undercutting or in any way ings today on the motion to suspend nical redrafting of the law so that we affecting the collection of very vital, I the rules on which a recorded vote or make it a little bit more understand- would agree, very vital and important the yeas and nays are ordered, or on able. data. which the vote is objected to under Mr. GENE GREEN of Texas. Madam MODIFICATION TO AMENDMENT IN THE NATURE clause 4 of rule XV. Speaker, I yield 2 minutes to the gen- OF A SUBSTITUTE OFFERED BY MR. CLINGER Such a rollcall vote, if postponed, tlewoman from California [Ms. WA- Mr. CLINGER. Madam Speaker, be- will be taken after the veto message TERS]. cause of the concerns that the gen- from the President is disposed of. Ms. WATERS. Madam Speaker, I tleman has raised, I ask unanimous f thank the gentleman from Texas, [Mr. consent that section 1021(A) of subtitle GENE GREEN] for yielding time to me. B of the proposed legislation be de- ENFORCEMENT OF PUBLIC DEBT Madam Speaker, let me just try and leted. LIMIT AND PROTECTION OF SO- follow up on the request of the gen- The SPEAKER pro tempore. The CIAL SECURITY AND OTHER tleman from North Carolina [Mr. Clerk will report the modification. FEDERAL TRUST FUNDS AND WATT] about delaying or pulling out The Clerk read as follows: ACCOUNTS this provision. This is very, very sen- Modification to amendment in the nature Mr. ARCHER. Mr. Speaker, I move to sitive. As a matter of fact, the work of of a substitute offered by Mr. CLINGER: In the suspend the rules and pass the bill many, many civil rights organizations proposed amendment strike subsection (a) of (H.R. 2621) to enforce the public debt Sec. 1021 in Subtitle B (Page 12, strike lines went into the development of the Vot- 20–22). limit and to protect the Social Secu- ing Rights Act, and that which covers rity trust funds and other Federal trust all of the States. All of those States b 1215 funds and accounts invested in public that are covered under the Voting Mr. GENE GREEN of Texas. Madam debt obligations. Rights Act are covered for very specific Speaker, we have no objection. The Clerk read as follows: reasons. The SPEAKER pro tempore (Mrs. H.R. 2621 So we have to be very careful about MYRICK). Is there objection to the Be it enacted by the Senate and House of Rep- doing anything that would alleviate modification offered by the gentleman resentatives of the United States of America in the responsibility for data and infor- from Pennsylvania [Mr. CLINGER]? Congress assembled, mation and voting patterns and voter There was no objection. SECTION 1. APPLICABILITY OF PUBLIC DEBT registration without knowing what we Mr. GENE GREEN of Texas. Madam LIMIT TO FEDERAL TRUST FUNDS AND OTHER FEDERAL ACCOUNTS. are doing. Speaker, I yield back the balance of (a) PROTECTION OF FEDERAL FUNDS.—Not- This kind of request for repeal, in my my time. withstanding any other provision of law— estimation, would have to be circulated Mr. CLINGER. Madam Speaker, I (1) no officer or employee of the United among those organizations, including yield back the balance of my time. States may— November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12233 (A) delay the deposit of any amount into (2) the Federal Disability Insurance Trust ‘‘among other funds’’? What will the (or delay the credit of any amount to) any Fund; Treasury do next week? What about Federal fund or otherwise vary from the nor- (3) the Civil Service Retirement and Dis- Social Security, which has no protec- ability Fund; mal terms, procedures, or timing for making tions from disinvestment under current such deposits or credits, or (4) the Government Securities Investment (B) refrain from the investment in public Fund; law? Are these funds next? debt obligations of amounts in any Federal (5) the Department of Defense Military Re- Only this legislation will protect fund, tirement Fund; them. The debt games the administra- (6) the Unemployment Trust Fund; tion is playing make the public angry if a purpose of such action or inaction is to (7) each of the railroad retirement funds not increase the amount of outstanding pub- and accounts; and confused and frighten the retirees. lic debt obligations, and (8) the Department of Defense Education They know the President is continuing (2) no officer or employee of the United Benefits Fund and the Post-Vietnam Era to run up Federal debt while refusing States may disinvest amounts in any Fed- Veterans Education Fund; and to even talk about balancing the budg- eral fund which are invested in public debt (9) the Black Lung Disability Trust Fund. et. obligations if a purpose of the disinvestment SEC. 2. CONFORMING AMENDMENTS. We are determined, Mr. Speaker, to is to reduce the amount of outstanding pub- Subsections (j), (k), and (l) of section 8348 prevent increasing debt even in a back- lic debt obligations. of title 5, United States Code, and sub- door way, such as the Treasury con- (b) PROTECTION OF BENEFITS AND EXPENDI- sections (g) and (h) of section 8438 of such TURES FOR ADMINISTRATIVE EXPENSES.— title are hereby repealed. templates, without a balanced budget. (1) IN GENERAL.—Notwithstanding sub- The SPEAKER pro tempore. Pursu- We wish the President would negotiate section (a), during any period for which cash ant to the rule, the gentleman from with us on a balanced budget. benefits or administrative expenses would The Social Security fund, as I men- Texas [Mr. ARCHER] will be recognized not otherwise be payable from a covered ben- tioned, is not protected. The 43 million for 20 minutes, and the gentleman from efits fund by reason of an inability to issue Social Security recipients who paid Florida [Mr. GIBBONS] will be recog- further public debt obligations because of their taxes and now rely on those bene- the applicable public debt limit, public debt nized for 20 minutes. obligations held by such covered benefits The Chair recognizes the gentleman fits expect us to stand behind their in- vestments. We need to pass this bill to fund shall be sold or redeemed only for the from Texas [Mr. ARCHER]. purpose of making payment of such benefits Mr. ARCHER. Mr. Speaker, I yield assure those receiving benefits will be or administrative expenses and only to the myself such time as I may consume. paid regardless of the status of the debt extent cash assets of the covered benefits Mr. Speaker, I hope we can limit the limit. fund are not available from month to month debate on the purpose of this bill. It is Mr. Speaker, this bill should pass for making payment of such benefits or ad- very specific. It relates to how we han- overwhelmingly if this Congress truly ministrative expenses. wishes to protect benefits, preserve (2) ISSUANCE OF CORRESPONDING DEBT.—For dle the management of our financial purposes of undertaking the sale or redemp- affairs during the time that the debt trust funds, and enforce the lid on the tion of public debt obligations held by a cov- ceiling issue is not settled. Federal debt. ered benefits fund pursuant to paragraph (1), Yesterday the President vetoed the When the President said ‘‘no’’ to pro- the Secretary of the Treasury may issue cor- temporary debt limit sent to him by tection for Social Security and other responding public debt obligations to the the Congress. One of his stated reasons trust funds with his veto, most Ameri- public, in order to obtain the cash necessary for rejecting that bill was that it lim- cans probably wondered why a Presi- for payment of benefits or administrative ex- ited the Treasury’s statutory power to dent would object to protecting their penses from such covered benefits fund, not- manage the Federal debt. retirement and other benefit invest- withstanding the public debt limit. ments. Let us show today that we in- (3) ADVANCE NOTICE OF SALE OR REDEMP- That issue, however, is not about TION.—Not less than 3 days prior to the date debt management. It is about avoiding tend to shield those funds and the indi- on which, by reason of the public debt limit, the debt limit. Avoiding the debt limit viduals who rely on those benefit pay- the Secretary of the Treasury expects to un- is what the Clinton administration is ments from Treasury’s debt limit dertake a sale or redemption authorized preparing to do, and may intend to tap games. under paragraph (1), the Secretary of the retiree trust funds to accomplish it. I urge a vote for H.R. 2621 and the in- Treasury shall report to each House of the H.R. 2621 simply does one thing: It tegrity of the trust funds. Congress and to the Comptroller General of prohibits the kind of manipulation Mr. Speaker, I reserve the balance of the United States regarding the expected that Treasury is about to undertake, my time. sale or redemption. Upon receipt of such re- Mr. GIBBONS. Mr. Speaker, I yield port, the Comptroller General shall review by requiring Federal trust funds and the extent of compliance with subsection (a) similar accounts to be fully invested in myself 3 minutes. and paragraphs (1) and (2) of this subsection Government securities, and surplus in- Mr. Speaker, this is another charade and shall issue such findings and rec- come cannot be held in cash to avoid that is being pulled today. It has noth- ommendations to each House of the Congress hitting the debt limit. Furthermore, ing to do with the truth. I want to read as the Comptroller General considers nec- funds cannot be disinvested unless it is a statement issued by the White House essary and appropriate. done to pay authorized benefits. this morning that puts all of this to (c) PUBLIC DEBT OBLIGATION.—For purposes Mr. Speaker, this bill does not raise rest, if there is any reason to put it to of this section, the term ‘‘public debt obliga- rest. tion’’ means any obligation subject to the the debt limit level. It only provides public debt limit established under section protection of Social Security and other Frankly, I do not believe anybody 3101 of title 31, United States Code. trust funds and assures that Social Se- has got the authority to invade the So- (d) FEDERAL FUND.—For purposes of this curity and other trust fund payments cial Security trust fund to pay any- section the term ‘‘Federal fund’’ means any to individual beneficiaries will con- thing other than Social Security bene- Federal trust fund or Government account tinue uninterrupted. fits. That has been the law ever since I established pursuant to Federal law to which If this bill were law today, Treasury have been here. It has not been the Secretary of the Treasury has issued or would not be disinvesting the civil changed, and I have been here 33 years. is expressly authorized by law directly to service retirement fund and failing to In fact, Mr. Speaker, I do not think issue obligations under chapter 31 of title 31, there is anybody in the sound of my United States Code, in respect of public reinvest the G Fund in order to avoid money, money otherwise required to be de- exceeding the debt limit tomorrow. voice that has got more money in- posited in the Treasury, or amounts appro- Ironically, Treasury has seized on a vested in the Social Security trust priated. provision in current law designed to fund than do I. I have been paying for (e) COVERED BENEFITS FUND.—For purposes pay back lost interest to these funds as these benefits since 1937, and I have of subsection (b), the term ‘‘covered benefits a license for raiding them. Further- been fortunate enough to always pay at fund’’ means any Federal fund from which more, Treasury says that these funds the maximum rate. I am interested in cash benefits are payable by law in the form are among other funds that could be af- the Social Security trust fund, I do not of retirement benefits, separation payments, want it squandered, and nobody has got life or disability insurance benefits, or de- fected, but that this week only the pendent’s or survivor’s benefits, including Federal retirement fund will be af- a bigger investment in it than I have. (but not limited to) the following: fected. This is a statement by the President (1) the Federal Old-Age and Survivors In- What does that mean? What is the dated today, issued from the White surance Trust Fund; Treasury telling us when it says House. He says: H 12234 CONGRESSIONAL RECORD — HOUSE November 14, 1995 I want to assure the American people that Unfortunately, the President decided entitlement. Beneficiaries will get the Social Security Trust Fund will not be to veto the bill. Among the reasons for their benefits. used for any purpose other than to pay bene- vetoing it was because it would have The bill does not change that. With- fits to recipients. Under current law, the prevented the Secretary of the Treas- Secretary of Treasury is not authorized to drawals are made from the Social Se- use the fund for any purpose other than to ury from using these trust funds to ar- curity Trust Fund to pay Social Secu- pay benefits to recipients. There will be no tificially extend the debt limit. I think rity benefits, period. exceptions under my watch. None. Not ever. this is unacceptable. What this bill does in the second half, That is the statement the President That is why we are here today with because that is a spurious argument, in issued today. It is not necessary, but in this legislation, H.R. 2621, a bill to en- the second half, what the bill does is the hysteria that is being generated force the debt limit and to protect the take away the trust fund’s, or the abil- here trying to cover the Republicans’ trust funds. It focuses on that issue. ity of the Secretary of the Treasury, to inability to govern and their squander- Among other things, this bill tells deal with the cash of these United ing of time and of effort, you can ex- the 43 million Americans who get So- States, our whole reputation at stake. pect almost anything to happen. cial Security and the 140 million work- It is absolutely wrong to bring this ers that pay into it that it is not OK to The only thing that really affects the forward today, say Social Security is play games with the $483 billion in as- Social Security trust fund is the legis- going to be hurt. It is not. sets of the trust funds. It tells the lation that the gentleman from Texas What is going to be hurt is the possi- President that it is not OK to play [Mr. ARCHER] is proposing here. He bility that we lose the full faith and games with the $30 billion in payroll would tie the hands of the President so credit of this country because this bill taxes that workers pay each month and that he could not pay the Social Secu- in front of us today means default that retirees rely on to finance their rity benefits because he would have no would happen even more than it would benefit checks. employees to pay the benefits. He happen under these awful cir- It is helpful to review history here. would not be able to redeem the bonds cumstances we are dealing with. What we do not want, Mr. Speaker, is a that are in the Social Security trust Mr. Speaker, I have to tell you this is repeat of 1985, when in fact there was a fund. He could not do anything. dangerous. This is wrong, and I am sur- gaming of the trust funds. As a result, Mr. Speaker, the legislation of the prised at the majority for bringing it the Social Security trust funds lost gentleman from Texas [Mr. ARCHER] is forward under this fashion, under this $382 million in interest, and long-term dangerous. It is just a part of the cha- guise. bonds were cashed in early. rade to try to force the President into Mr. ARCHER. Mr. Speaker, will the It is correct that Congress did pass default. gentlewoman yield? legislation to restore the lost interest Mrs. KENNELLY. I yield to the gen- Mr. Speaker, the thing that is impor- and to reconstruct the bond portfolio, tleman from Texas. tant here to understand is that the Re- but no legislation could ever restore Mr. ARCHER. Mr. Speaker, I say to publicans are trying to force the Presi- the public confidence that was lost dur- the gentlewoman I also thought the dent to agree to their agenda. Their ing that period. What we are consider- Social Security trust funds were pro- agenda calls for a balanced budget and ing today is not just about protecting tected before we got into this issue sev- a big tax cut at the expense of the sick, the trust funds. It is also about pro- eral weeks ago, but they are not pro- the old, the infants, the children, and tecting public confidence in those trust tected under the law. That has been the working poor, and that is not an funds. carefully researched. There is nothing acceptable plan for balancing the budg- Simply put, without this bill, there that prohibits the Secretary of the et. are no laws to prevent a repeat of what Treasury from either failing to invest Mr. ARCHER. Mr. Speaker, I yield happened in 1985. myself such time as I may consume, It was difficult for many of us to vote or disinvesting the Social Security simply to correct the record as to what to extend the debt limit last week. But, trust funds under law today, and that the gentleman said. having done that, Congress should also is the reason why this bill is before us. Mr. Speaker, he is well aware that in take action to restore public con- Mrs. KENNELLY. I would first say, this bill there is a provision for the ad- fidence in these trust funds. We have a under technical legislative facts of life ministrative costs so that the checks chance to do that today. we deal with, there is no authorization. can be issued to Social Security recipi- I urge my colleagues to support this I do think we still can believe when the ents and a guarantee that they will bill. President says, ‘‘There will be no ex- continue to go out. He just flat mis- Mr. GIBBONS. Mr. Speaker, I yield 2 ceptions under my watch, none, not stated that. I am disappointed in the minutes to the gentlewoman from Con- ever. I will for no purpose take from gentleman from Florida. necticut [Mrs. KENNELLY]. the Social Security fund.’’ I would hope Second, as to whether we can rely on Mrs. KENNELLY. Mr. Speaker, I we have faith in the President of the the President, it was this President would like to reply to the gentleman United States. who said he would end welfare as we from Ohio. He was right part of the Mr. ARCHER. Mr. Speaker, I yield know it and did nothing to push it. It way. myself such time as I may consume to was this President that said he would In 1985 this situation was faced. The say to the gentlewoman I wish we give American middle-income tax- Secretary of the Treasury then did could accept this President’s word at payers relief and he did not do it. We take money out of the Social Security face value also, but we know from ex- never know where this President is funds, and we passed a law so he could perience that we cannot. going to be, and the country knows not do it anymore. What this bill be- Mr. Speaker, I yield 21⁄2 minutes to that you cannot rely on what he says fore us does, it does away with that law the gentleman from Michigan [Mr. to being operative at any time in the that we passed to protect Social Secu- SMITH]. future. rity. Mr. SMITH of Michigan. Mr. Speak- Mr. Speaker, I yield 2 minutes to the Mr. Speaker, I would think this was er, let me say first of all that this bill gentleman from Ohio [Mr. PORTMAN]. so clever, to bring this bill here before has everything to do with the truth. Mr. PORTMAN. I thank the gen- us today under suspension. If you raise You know, despite its importance, the tleman for yielding. the danger of hurting the Social Secu- debt held by the public is not the most Mr. Speaker, I am glad to see we are rity fund, of course people rush to the familiar measure that we have in the talking about the facts. As you know, floor to vote fore it. Federal debt. That distinction belongs last Saturday we sent the President a to the debt subject to the debt limit bill that would extend the debt limit, b 1230 often referred to as the gross Federal and at the same time protect the So- But the second half of this bill is dan- debt. The gross Federal debt is now $4.9 cial Security, Medicare, and civil serv- gerous, and it is wrong to do it in this trillion—$3.5 trillion is debt, market- ice trust funds. The bill says that the fashion. The Social Security Trust able debt, that we owe to the public funds cannot be disinvested during this Fund is not in jeopardy now at this and $1.4 trillion is the debt owed to the debt crisis period. moment, because Social Security is an trust funds. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12235 Now, the President has effectively America and should end at this mo- from being rate raided by the adminis- declared that he will not abide by con- ment. tration in order to circumvent the debt gressional oversight of how much the Mr. GIBBONS. Mr. Speaker, I yield 2 ceiling. Federal Government can borrow. Since minutes to the gentleman from Michi- Mr. Speaker, I yield 2 minutes to the the founding of this country, Congress gan [Mr. BONIOR], the Democratic whip. gentleman from Texas, Mr. SAM JOHN- has had the authority over this Gov- Mr. BONIOR. Mr. Speaker, this bill SON. ernment’s ability to issue more debt. does exactly, exactly the opposite of Mr. SAM JOHNSON of Texas. Mr. Prior to the First World War, Congress what the Republicans say it does. This Speaker, you have probably heard the approved every debt issuance. Since bill makes it more likely that the U.S. President using senior citizens over the that time, the Second Liberty Bond Government would default for the first past few days as his excuse to veto the Act has allowed Treasury to borrow up time in history. debt limit bill. to a certain limit set by Congress. Nothing could be more damaging to Well don’t for a minute think that he Tomorrow, Treasury will effectively the Social Security Trust Fund and the wants to protect America’s seniors. He overcome the statutory limit, making protection of those benefits for our sen- has his own interests in mind. a mockery of the people’s control over ior citizens than the Gingrich Govern- You see—the debt limit bill included the Federal borrowing and, in large, ment default that is projected here if a provision that prevented the Treas- the Federal debt. this bill happens. ury Secretary from stealing from the The manner in which this has been Social Security benefits are already Social Security Trust Fund in order to done, I think, is insidious. Treasury guaranteed by law, and I would dis- spend more money. will now begin to disinvest the trust agree with my friend from Texas who We knew that this provision was the funds. This means they will begin to says he disputes that. They are already only way to protect the seniors’ trust tear up the IOU’s that bear interest. protected by law, and the President has fund from President Clinton’s careless But here is the point I am trying to stated very clearly, and I quote him, spending habits. make: In taking such action, the Presi- ‘‘Under current law, the Secretary of And he proved that he has no self dis- dent is increasing the public debt of the Treasury is not authorized to use cipline when he vetoed the bill. this country without the authority of the funds for any purpose other than to We owe it to our seniors to protect Congress. The first to go is going to be pay benefits to recipients. There will the money they have paid into Social the thrift savings of Federal employ- be no exceptions under my watch, Security. And the President owes sen- ees. Next will be the retirement trust none, none not whatever.’’ iors more than a game of scare tactics fund. The precedent that is now being Mr. Speaker, in addition, this bill re- and misinformation. set by this President would allow a fu- peals the current law to authorize the So once again today we are going to ture President to say that the prece- automatic payback of interest on any pass this bill to protect our Federal dent was set in 1995 and now we can go money borrowed from Federal pen- trust funds. into the Medicare trust fund, now we sions. There they go again; they are I urge everyone to take a real and can go into the Social Security trust into the pensions of workers. They are meaningful stand for our Nation’s sen- fund. doing it again. iors—and send a message to the admin- The fact is that from now on, if we The same people who are doubling istration—you cannot steal from Social allow this to happen and do not pass your Medicare premiums are now try- Security to keep supporting big Gov- this bill, Presidents will be able to add ing to say that they are trying to save ernment. more than $1 trillion to our existing Social Security. Do not believe it. Support this bill. debt without the review or consent of The Republicans are playing the Mr. GIBBONS. Mr. Speaker, I yield 2 Congress. most dangerous of all games by threat- minutes to the gentleman from Vir- There is only one way to stop this ening a Gingrich Government default, ginia [Mr. MORAN]. scheme and return to the Congress and and such a default would put at risk Mr. MORAN. Mr. Speaker, while we the citizens of this country authority the Social Security Trust Fund, it are all entitled to our own set of opin- over the debt issuance of this Govern- would raise interest rates on working ions, we are not entitled to our own set ment. That is to pass H.R. 2621, which families and it would undermine the of facts. will make it against the law for the credibility of our Government for years Let me share with you some facts: If Treasury to further destroy the trust to come. this bill before us is passed, the payroll funds through this disinvestment proc- I would tell my colleagues on this tax that is intended for the Social Se- ess. In fact, we need to develop policies side of the aisle, do your work. You curity system that comes into the Gov- to have the major trust funds invest in have got one done out of 13 appropria- ernment and is about $30 billion a marketable Treasury securities. If we tion bills. Do your work. Do your work. month, about a billion dollars a day, it stand by, then the President can add Pass a continuing resolution so we can will not earn interest for Social Secu- $200 billion per year to our national get on with operating this Government rity recipients, because if the debt ceil- debt for the next 5 years. I have spoken and so people all over this country who ing is not extended, and this will not many times of the need to rein in our are not going to work today can go to extend the debt ceiling, then Social Se- national debt. This bill is vital to ac- work and we can do the business that curity trust funds will lose about complishing our goal of returning we were elected to do. $37,000 tomorrow, and over the course America to fiscal stability. I urge sup- Mr. MCCRERY. Mr. Speaker, I yield of this debate it will lose millions of port of H.R. 2621. myself as much time as I may dollars. That payroll tax will not earn I hope this Congress will do it. We consume. interest. need to develop policies that protect Once again, the law has been mis- Second fact: Since the Government those trust funds. stated by the other side. We have clear has shut down and there is no money to Mr. GIBBONS. Mr. Speaker, I yield 30 testimony before the Committee on pay people within the Social Security seconds to the gentlewoman from Con- Ways and Means that, in fact, the ad- Administration to process applications, necticut [Mrs. KENNELLY]. ministration has the ability under cur- new people, eligible, applying for So- Mrs. KENNELLY. Mr. Speaker, I rent law to utilize the trust funds in cial Security, will not be able to get made reference to a statement by the times of exigent circumstances, and, in their benefits. There is no money to President of the United States made fact, we have already seen examples of pay for the processing of their applica- this morning, and I really feel, to ques- this this very week with the adminis- tions. tion the integrity of the President of tration using other trust funds to get Third fact: Because this bill repeals the United States at a time when around the debt ceiling. provisions put into law by the Reagan workers are being furloughed and wor- So it is just not so that the adminis- administration, the thrift savings plan rying about their mortgages, at a time tration does not have this power. They that Government employees have con- when the world markets are looking at do, and that is what this bill would cor- tributed to will lose about $3.5 million us whether we can pay our bills, really rect. It would protect the Social Secu- each day, beginning tomorrow. But the is a disservice to the United States of rity Trust Fund and other trust funds civil service retirement trust fund that H 12236 CONGRESSIONAL RECORD — HOUSE November 14, 1995 millions of employees have contributed unbelievable. Those funds, among oth- securities, they carry the force of the to will lose $10 million tomorrow and ers, are to be tapped for at least $25 bil- full faith and credit of the U.S. Govern- $10 million every day this is extended, lion. But on November 30, the Treasury ment. That is a guarantee which, in a because this law makes it illegal to re- Department will again need about $13 default, we would violate, and there- imburse that civil service retirement billion in cash, so the divesting of this fore violate that obligation to the So- trust fund and to give it any interest retirement fund could even go on even cial Security system. for the money that you take out. to a higher limit than that. Well, with If one wants to protect Social Secu- We cannot do this to Federal employ- Social Security holding $483 billion in rity, vote no, because a yes vote will ees. We cannot do this to this country. Federal securities, and civil service ultimately lead to a default on Social The last fact you need to know: That holding $366 billion, the Treasury can Security. Let us put politics aside the credit watch, the European credit tap into these funds and use it to run when it comes to our faith in our Na- rating agency, just now put the United up more public debt. tion’s creditworthiness and our com- States on a rating watch for possible Now, this is totally out of hand. mitment to Social Security. Let us de- downgrade that will increase the inter- What we are debating here should not feat this ridiculous bill. Let us get est on all of our Treasury bills for be the President’s or the Treasury De- down to business like the American years to come. Do not pass this bill. partment’s intention and ability to tap people sent us here for. Let us put Mr. MCCRERY. Mr. Speaker, I yield into these sacred trust funds. What we some sanity into our fiscal practice, myself as much time as I may should be debating is are we going to because this, my friends, is not sanity. consume. balance the budget. Mr. GIBBONS. Mr. Speaker, I yield 1 I think the gentleman from Virginia When the President was running for minute to the gentleman from Virginia has emphatically stated the gist of the office in 1992, June 4 on ‘‘Larry King [Mr. PAYNE]. situation. The fact is that without spe- Live,’’ he said, ‘‘I am going to balance Mr. PAYNE of Virginia. Mr. Speaker, cific authority from the Congress to the budget in 5 years.’’ His only bal- I thank my colleague for yielding me extend more debt, the President frank- anced budget proposal is a 10-year plan time. Mr. Speaker, I rise in strong opposi- ly will be between a rock and a hard that does not even balance the budget. tion to this bill. The administration place, and I think the gentleman is cor- In fact, in the year 2002, when the Re- has stated unconditionally that the So- rect there, and that is part of what this publican plan has a zero deficit, the cial Security trust fund will not be debate is all about. Clinton plan has a $209 billion deficit. touched in dealing with debt crisis. Those of us on this side, frankly, Mr. Speaker, the debate here is about This bill would prohibit Treasury want the President to have to choose balancing the budget. I hope the Presi- from utilizing the few remaining tools between more and more debt on the dent does not steal money from the available for managing our debt, vir- backs of our children and grand- senior citizens for the Federal retirees, tually guaranteeing an unprecedented children or finally facing up to the fact and I urge Members to vote for this default. This is wrong and it is irre- that we cannot afford any longer to bill. sponsible. spend more than we take in and finally Mr. GIBBONS. Mr. Speaker, I yield 2 Both Standard & Poor’s and Moody’s, get this Nation’s fisc in order. minutes to the gentleman from Texas two of the world’s leading credit-rating So I think the gentleman from Vir- [Mr. BENTSEN]. agencies, have issued warnings that ginia stated it very clearly and suc- Mr. BENTSEN. Mr. Speaker, I thank our Government’s triple-A credit rat- cinctly and emotionally and did a good the gentleman for yielding me time. ing is at risk, due to the threat of de- job, and that is part of this debate. So, Mr. Speaker, this bill is a childish fault. IBCA, the European credit rating frankly, we are ready to put the Presi- charade, and the sponsors should be agency, has placed the United States dent between that rock and a hard ashamed of themselves. This bill does on rating watch for a possible down- place so he will have to choose clearly not protect Social Security; it puts it grade of its triple-A foreign and local for the American people to see. We at risk, along with Medicare and veter- currency long-term credit ratings. hope that he choose on the side of fis- ans benefits. This bill enhances the If these downgradings go into effect, cal responsibility. We hope he chooses chance of default by the U.S. Govern- the impact would place a huge addi- on the side of preserving a future not ment, which, if it occurred, would re- tional financial burden on our tax- only for today’s seniors but for tomor- sult in eventually no Medicare, no vet- payers, and would last well beyond the row’s seniors and future generations of erans benefits, and no Social Security current controversy many years into this country. benefits. the future. I thank the gentleman from Virginia That is right, in a default, we would Let’s defeat the bad bill, pass a clean for making that clear. not make good on our obligations to temporary debt ceiling extension, and Mr. Speaker, I yield 2 minutes to the the Social Security benefits and this get on with the important business of gentleman from Georgia [Mr. KINGS- bill leads to a default. balancing our budget without tax in- TON]. Furthermore, this bill calls into creases in a bipartisan manner. Mr. KINGSTON. Mr. Speaker, it question our willingness to pay our I urge my colleagues to vote ‘‘no.’’ seems unbelievable to me that we are debts, because it brings to the U.S. Mr. GIBBONS. Mr. Speaker, I yield sitting here debating whether the Government the same fiscal insanity of 11⁄2 minutes to the gentleman from President can tap into Social Security the Orange County, CA, default. It will Michigan [Mr. LEVIN]. trust fund and the civil service retire- raise interest rates, home mortgage Mr. LEVIN. Mr. Speaker, I say to the ment fund. I find that almost unbeliev- rates, credit card rates, and all loan Republican majority, you are really able that the Democrat Party, who has rates. It will destroy the quality of playing games, and it is time to blow been using the senior citizens all over credit. It will destroy the quality of the whistle. I want to repeat, there is America as their chief pawn, as their U.S. credit as Moody’s and Standard & no authorization under law for the shield, to ram or resist any kind of leg- Poor have publicly stated. It is a dan- President of the United States to use islation that comes up, now they want gerous political ploy with dire eco- Social Security funds. None. And he to take the money out of the senior nomic consequences for which we will has said in no event would he use So- citizens’ trust fund. all pay. cial Security funds. Mr. Speaker, this bill is not about So, why are you doing this? The gen- b 1345 protecting Social Security. It is about tleman from Louisiana [Mr. MCCRERY] I think it is appalling to me. It is un- politics, so Members can go home and says to put the President between a believable. The Treasury Department say they protected Social Security. rock and a hard place. But trying to do has announced it intends to divest the But in fact, the opposite will occur, be- that, you are going to put the Amer- civil service retirement trust fund and cause in a default, we will also default ican economy on the rocks, default, fail to invest the G fund in order to on our obligations to the Social Secu- and it is going to hurt everybody in create room under the debt limit and rity system, which is invested in treas- this country, those who use credit raise cash to make interest tomorrow, ury obligations. Since Social Security cards, those who have adjustable rate starting November 15. That is to me benefits are invested in these Treasury mortgages. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12237

Why are you doing this? It is because Mr. MCCRERY. Mr. Speaker, I yield 1 tory. If we take away from the Sec- you look vulnerable on Social Security minute to the gentleman from Massa- retary of the Treasury all of the man- and Medicare, so you are looking for chusetts [Mr. TORKILDSEN]. agement opportunities that are now ex- cover. And to do that, you are going to Mr. TORKILDSEN. Mr. Speaker, I istent in the law, which this bill would blow the lid and cause a default? You rise in support of the resolution. I find do, we simply bring about the greatest are trying to cover your fingerprints it interesting the arguments that have possibility that the unthinkable would on legislation that will weaken Medi- been going back and forth about what happen, and that is that we would have care and the Social Security COLA. is a clean debt extension bill, what is a a default for the first time in our his- And to do that you are going to tie the clean continuing resolution. tory. hands of the President? If we look back in the last 10 years, The result of that is catastrophic for I say to the American people, this virtually every continuing resolution, the American people. Adjustable rate cannot happen. We are going to defeat and I believe most the debt extensions mortgage interest will go up, over the this bill. as well, have had extraneous matters years, not just for 6 months or a year. Mr. GIBBONS. Mr. Speaker, I yield attached to them. Yet at the time none It will go up over the years, more than 11⁄2 minutes to the gentleman from of the Members who are now in the mi- it ordinarily would or should. Massachusetts [Mr. NEAL]. nority objected. All of a sudden they If you are worried about Social Secu- Mr. NEAL of Massachusetts. Mr. think there has to be a clean bill. rity, as we all are and should be, the Speaker, I think that the gentleman In reality, if we are going to extend worst thing we could do to Social Secu- from Louisiana [Mr. MCCRERY], who is the debt, we should have certain re- rity would be to bring about a default my friend, summed the issue up very strictions on that debt extension. One on the part of the U.S. Government. well. He said that their role is to put of those should be to prevent the Presi- They would be unable to make pay- the President between a rock and a dent from raiding the Social Security ments. Under the Social Security sys- hard place. The truth is today this de- trust fund. For me it is a very basic tem, they would be unable to invest bate is about the American people; it is issue. We do have to borrow some the money coming in in interest bear- not about putting the President be- money for short-term needs of the Gov- ing accounts as a result of what would tween a rock and a hard place. That is ernment. However, it should not be a take place under this bill. the political solution, and that is what blank check to the White House. We Let us talk about the converse. What makes this option so unpalatable to all need to pass the extension, but we need is being argued is that this bill is need- of us. to do it with the restrictions there so ed in order to make sure that the So- Mr. Speaker, once again we are here we do not have runaway spending and cial Security fund is not disinvested. It on the House floor debating the debt we do not have a raid on the Federal is a red herring. It is simply not true. ceiling. And once again, we are not de- trust fund. If that were the real intent of the bill, bating the right solution. We ought to Mr. GIBBONS. Mr. Speaker, I yield 1 why does the bill not just deal with be debating a clean debt ceiling exten- minute to the gentleman from New that issue alone, even though we do not sion. York [Mr. SCHUMER]. need to deal with that issue? Instead, we are debating legislation (Mr. SCHUMER asked and was given It is because the real agenda is to put that contains provisions that already permission to revise and extend his re- leverage on the President to sign the have been vetoed by the President. We marks.) budget that has a big increase in Medi- should be using this time to send a bill Mr. SCHUMER. Mr. Speaker, when care premiums and a big tax break for that the President can sign. someone is in a corner, what do they the wealthy. That is the real agenda Last week, the Treasury Department do? They lash back. The Republican that is going on here. That is really issued a statement assuring that the majority is in a corner, and they are what is happening. That is why this Treasury will not use Social Security trying to come up with the bogus issue bill is being presented, to gain more le- trust fund for any purpose other than of the Social Security trust fund. verage on the President. to assure the payment of benefits to Here is a quote from the President: So I urge Members not to be taken Social Security recipients. These funds I want to assure the American people that in, not to be fooled. The best policy is will only be used for Social Security. the Social Security Trust Fund will not be to not vote for this bill, to not bring Treasury has acted responsibly and used for any purpose other than to pay the about default and make default more has taken options to avoid default, be- benefits to recipients. Under current law, the certain, to not increase leverage on the cause of Congress’ failure to act on a Secretary of Treasury is not authorized to President, so that a budget goes clean debt extension. This legislation use the fund for any purpose other than to through here that hurts Medicare re- will make it harder for payments to be pay benefits to recipients. There will be no cipients, increases their premium, made. This bill would stop payments exceptions under my watch. None, not ever. closes 25 percent of the hospitals in the under Medicare, stops payments, under Now, who do you trust more to save country, cuts back dramatically on SSI, stop payments to military person- your Social Security? Bill Clinton or medical education and all the other nel, and stop payments to other Fed- NEWT GINGRICH? things bad that will happen to the Med- eral beneficiaries. Mr. GIBBONS. Mr. Speaker, I yield icare system that we have been fight- Any prioritization scheme would nec- myself 30 seconds. ing so hard to try to preserve. This is essarily imply that other obligations of Mr. Speaker, the last statement real- a bad idea, it is a wrong idea, it is an the United States might be defaulted ly hit the nail on the head. We are here unneeded idea. upon. By repealing the debt manage- today going through this charade, be- Finally, if you want to make sure ment provision of current law relating cause the present Speaker has just to- that Social Security is secure, vote to the civil service retirement and dis- tally mismanaged this place. This is against this legislation and let us get ability fund, this bill would increase business that should have been taken the budget done, so that we will not the risk of default by severely limiting care of in July. Here it is 5 months have to worry about the debt ceiling the ability of the Secretary of the later, with no budget passed and only 2 anymore, and make sure that all of our Treasury to assure that crucial Gov- of the 13 appropriations bills passed, Social Security recipients will receive ernment payments including benefit and he is trying to shut down the Gov- their checks on time, as we have prom- payments such as Social Security. ernment. All of this problem is brought ised through the years. A Republican administration was in about by the Speaker’s mismanage- charge when debt management provi- ment of this House and this Congress. b 1300 sions were enacted into law. The Sec- Mr. Speaker, I yield 3 minutes to the The SPEAKER pro tempore (Mr. retary should always have options to gentleman from Missouri [Mr. GEP- KOLBE). The gentleman from Louisiana relieve pressure and avert default. HARDT], the Democrat leader. [Mr. MCCRERY] has 31⁄2 minutes remain- The bottom line is this legislation Mr. GEPHARDT. Mr. Speaker, let me ing and is entitled to close the debate. would push us closer to a default. It is first say that a vote for this bill is a Mr. MCCRERY. Mr. Speaker, I yield time to stop this game and vote on a vote to bring about default of the Gov- myself my remaining time. Mr. Speak- clean debt ceiling extension. ernment for the first time in its his- er, let me just clear up a couple of H 12238 CONGRESSIONAL RECORD — HOUSE November 14, 1995 things that have been said by the last trust fund can actually invest them Mr. GIBBONS. But, Mr. Speaker, we few speakers. into Government securities? But we are all here. It is 1 o’clock in the after- My good friend from Massachusetts, want to make sure, once deposited into noon. Mr. NEAL, said if this bill is passed, So- the Treasury, they do not stay in the The SPEAKER pro tempore. The gen- cial Security checks will not be able to Treasury, that they are then further tleman has not stated a parliamentary be paid. Well, that is simply not the transferred into the Social Security inquiry. case, and if the gentleman would read trust fund? Mr. GIBBONS. Mr. Speaker, it is an the bill, which I have right here, he The President’s statement is actually inquiry so that people will know what would see very clearly, on page 3 of the factual. He will not deal with the trust is going on. printed text of the bill, it is clear that fund, but he wants to deal with the The SPEAKER pro tempore. The vote payment of such benefits or adminis- Treasury while the money is in the will be postponed until after the veto trative expenses may be, in fact, paid. Treasury prior to going to the trust message from the President is disposed So my good friend from Massachu- fund. of. setts is just incorrect in asserting that Mr. MCCRERY. Mr. Speaker, the gen- The point of no quorum is considered Social Security benefits would not be tleman is correct. withdrawn. paid. Mr. COLLINS of Georgia. Mr. Spaker, f Second, my friend, the gentleman I thank the gentleman for yielding. C from New York [Mr. SCHUMER], asked Mr. M CRERY. Mr. Speaker, re- SECOND CONTINUING RESOLUTION rhetorically I presume from his per- claiming my time, the minority leader FOR FISCAL YEAR 1996—VETO spective who do we trust to protect So- tried to couch this argument in terms MESSAGE FROM THE PRESIDENT of giving tax breaks for the rich and all cial Security, the President or NEWT OF THE UNITED STATES (H. DOC. the like. That is once again trying to GINGRICH? While that got a good laugh NO. 104–134) obscure the issue. The issue is, do we from his Democratic colleagues, the The Speaker laid before the House want to protect the Social Security fact is what we are trying to do today the following veto message from the trust fund, the Medicare trust fund is make it so that we do not have to President of the United States: from being raided by the executive trust anybody. It will be the law that To the House of Representatives: branch in order to circumvent the debt the President, no matter who he is, I am returning herewith without my ceiling, which under the Constitution cannot violate the Social Security approval H.J. 115, the Second Continu- must be raised by the Congress, by the trust fund. ing Resolution for fiscal year 1996. legislative branch? Mr. SCHUMER. Mr. Speaker, will the This legislation would raise Medicare I urge all my colleagues to protect gentleman yield? the Social Security trust fund and the premiums on senior citizens, and deep- Mr. MCCRERY. I yield to the gen- Medicare trust fund and vote ‘‘aye’’ on ly cut education and environmental tleman from New York. this bill. protection, as the cost for keeping the Mr. SCHUMER. Mr. Speaker, my Mr. Speaker, I have no further re- government running. Those are condi- question is, if the Republicans felt so quests for time, and I yield back the tions that are not necessary to meet strongly about it, why did they attach balance of my time. my goal of balancing the budget. all the other provisions to the bill? A Mr. DEFAZIO. Mr. Speaker, I rise to oppose If I signed my name to this bill now, simple line that they would just deal H.R. 2621, a transparent political gesture by millions of elderly couples all across with Social Security would pass this the Republic leadership. This is nothing more this country would be forced to sign place 435 to nothing. In my judgment, than Speaker NEWT GINGRICH and other away $264 more in Medicare premiums there is a game going on here. House Republican leaders trying to blackmail next year, premium hikes that are not Mr. MCCRERY. Mr. Speaker, re- the President into accepting their Medicare necessary to balance the budget. If claiming my time, I would submit to premium increase as part of a temporary Gov- America must close down access to the gentleman that the Social Security ernment funding bill. Congress under its new quality education, a clean environment and Medicare trust funds account for leadership has utterly failed to complete its and affordable health care for our sen- fully half of the total value of the Fed- constitutional responsibility to fund the Federal iors, in order to keep the Government eral Government’s trust funds. So it is Government this year. Instead of playing high open, then that price is too high. very important that we recognize that stakes political games with the hopes and We don’t need these cuts to balance these two trust funds will be critical in fears of Federal employees, retirees, and So- the budget. And we do not need big any exigent circumstance if the Presi- cial Security and Medicare beneficiaries, Re- cuts in education and the environment dent wishes to get around the debt ceil- publican leaders would be well advised to fin- to balance the budget. I have proposed ing. ish the work they should have finished more a balanced budget without these cuts. So the fact that we have contained in than 1 month ago. I will continue to fight for my prin- this bill other trust funds should not The SPEAKER pro tempore. All time ciples: a balanced budget that does not obscure the fact that in order to pro- has expired. undermine Medicare, education or the tect all of them, including the Civil The question is on the motion offered environment, and that does not raise Service trust fund which the President by the gentleman from Texas [Mr. AR- taxes on working families. I will not intends to tap today and the Social Se- CHER] that the House suspend the rules take steps that I believe will weaken curity trust fund, this bill must be and pass the bill, H.R. 2621. our Nation, harm our people and limit passed. The question was taken. our future as the cost of temporarily I would say to the gentleman that we Mr. MCCRERY. Mr. Speaker, I object keeping the Government open. do not need to trust the President or to the vote on the ground that a I continue to be hopeful that we can NEWT GINGRICH, we need to pass this quorum is not present and make the find common ground on balancing the bill in order to make it law that the point of order that a quorum is not budget. With this veto, it is now up to President cannot tap the Social Secu- present. the Congress to take the reasonable rity trust fund. The SPEAKER pro tempore. Pursu- and responsible course. They can still Mr. COLLINS of Georgia. Mr. Speak- ant to clause 5 of rule I and the Chair’s avoid a government shutdown. er, will the gentleman yield? prior announcement, further proceed- Congress still has the opportunity to Mr. MCCRERY. I yield to the gen- ings on this motion will be postponed. pass clean continuing resolution and tleman from Georgia. PARLIAMENTARY INQUIRY debt ceiling bills. These straight- Mr. COLLINS of Georgia. Mr. Speak- Mr. GIBBONS. Mr. Speaker, par- forward measures would allow the er, I ask my friend, the gentleman from liamentary inquiry. Why are we post- United States Government to keep Louisiana, is it not true that what we poning this vote? Can we not vote now? functioning and meet its obligations, are trying to do is to make sure that The SPEAKER pro tempore. The without attempting to force the ac- those taxes are deducted from payroll Chair will postpone the vote until after ceptance of Republican budget prior- collection and are deposited into the the veto message is disposed of. It is at ities. Treasury and that they then, further, the discretion of the Chair to do so, Indeed, when Congress did not pass are invested into the trust fund and the and this vote will be postponed. the 13 appropriations bills to fund the November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12239 Government for fiscal year 1996 by Sep- Mr. OBEY. Mr. Speaker, I yield my- b 1315 tember 30, we agreed on a fair continu- self 10 minutes. That is not what is happening here. ing resolution that kept the Govern- Mr. Speaker, first of all, before I What is happening here is that we had ment operating and established a level start, I want to wish a belated happy the leadership of this House, most espe- playing field while Congress completed anniversary to my distinguished friend cially the Speaker, simply determine its work. from Louisiana. I understand how he that an extraneous matter was going Now, more than six weeks later, Con- felt when last night, in the midst of ev- to be brought into the appropriation gress still has sent me only three bills erything that was happening, he was process, and that it was going to be that I have been able to sign. Indeed, I trying to celebrate his 30th wedding wedged into that process, in hopes that am pleased to be signing the Energy anniversary and a few other things got his agenda could be leveraged through and Water bill today. This bill is the in the way. I know how that feels. by threatening to hold up the ability of result of a cooperative effort between Let me also say that I think I know the Government to function, and that my Administration and the Congress. my friend from Louisiana well enough issue in Medicare. So we were told over It shows that when we work together, to know that he is not very happy with the weekend that we had to buy into we can produce good legislation. the situation in which we find our- the idea that Medicare premiums We can have a fair and open debate selves. Neither is any other thoughtful would be essentially more than doubled about the best way to balance the Member of this House. Because there is and we had to start the process now by budget. America can balance the budg- no reason for this impasse to exist on dragging it into this appropriation de- et without extreme cuts in Medicare, the appropriation bill. bate. Medicaid, education or the environ- Then, Mr. Speaker, last night, just ment—and that is what we must do. We have two very different discus- sions going on. One relates to the need when it was clear to most people, I be- WILLIAM J. CLINTON. lieve, that the majority party was tak- THE WHITE HOUSE, November 13, 1995. to raise the debt ceiling, and that sub- The SPEAKER pro tempore. The ob- ject is real and ought to be dealt with ing a drubbing in the court of public jections of the President will be spread separately. opinion on that matter, then all of a at large upon the Journal, and the mes- In fact, we have three issues. The sec- sudden that was cast aside and now the sage and joint resolution will be print- ond issue is what ought to happen in great cause to them has been whether ed as a House document. the multiyear budget reconciliation or not somehow people are going to commit to a 7-year balanced budget. MOTION OFFERED BY MR. LIVINGSTON fight, which is occurring now in this I would say, Mr. Speaker, that that is Mr. LIVINGSTON. Mr. Speaker, I Capitol. a very interesting debate, but it does offer a motion. Then the third issue is whether or not belong on this bill, it does not be- The SPEAKER pro tempore. The not the Government is simply going to long on this instrument, because what Clerk will report the motion. be allowed to conduct its business we ought to be doing here is to simply The Clerk read as follows: while we finish the job that we have keep the Government open until we Mr. LIVINGSTON moves to postpone con- had given to us of passing all 13 appro- have time to finish the appropriations sideration of the President’s veto message on priation bills so that we can at least work that so far the Congress has not the joint resolution H.J. Res. 115, until Fri- keep the Government functioning in its day, December 1, 1995. done. basic operations. The Congress institutionally has no The SPEAKER pro tempore. The gen- Mr. Speaker, my remarks are going tleman from Louisiana [Mr. LIVING- business trying to blackmail the Presi- to be primarily directed at our mod- dent into buying into someone else’s STON] is recognized for 1 hour. erate friends on the Republican side of GENERAL LEAVE vision on an entirely different cluster the aisle because I, frankly, think that of issues simply in order to make up Mr. LIVINGSTON. Mr. Speaker, I ask they at this point are the only ones unanimous consent that all Members for the fact that the Congress has not who have sufficient leverage to help yet finished its appropriation business, may have 5 legislative days in which to end this impasse. revise and extend their remarks on the as this chart demonstrates. The problem that we are faced with What this chart demonstrates is that motion to postpone the veto message of now is that, frankly, we are wrapped the President on the joint resolution, only 3 appropriations bills, Military around the axle; and the Government, Construction, Agriculture, and Energy House Joint Resolution 115, and that I because of that, is rapidly falling into may include tabular and extraneous and Water, have been passed by the disrepute with most Americans. I think Congress and sent to the President for material. that the choice of what happens is The SPEAKER pro tempore. Is there his signature, and have have had the largely in the hands of the moderate objection to the request of the gen- benefit of the President’s signature. Republicans who, I think, have a cru- tleman from Louisiana? Agriculture and Energy and Water is at There was no objection. cial choice to make. I think they have the White House and soon will become Mr. LIVINGSTON. Mr. Speaker, for to choose whether or not they are law, but all of the rest of the bills are purposes of debate only, I yield the cus- going to continue to show the same stuck, at this point, not in the White tomary 30 minutes to the gentleman kind of statesmanship which they House, but in the Congress, in the leg- from Wisconsin [Mr. OBEY], pending showed on the Stokes amendment on islative process. which, I yield myself such time as I the HUD appropriation bill a few The Transportation bill has not yet may consume. weeks, or a few days ago when they been finished by the Congress. The Leg- (Mr. LIVINGSTON asked and was joined with us to jettison 17 extraneous islative bill on its second round has not given permission to revise and extend items, or whether or not they are going been finished by the Congress. Treas- his remarks.) to continue to make alliance with the ury-Post Office has been hung up for Mr. LIVINGSTON. Mr. Speaker, my 75 most extreme Members of their cau- almost 60 days by an extraneous mat- motion to postpone handling the mes- cus and, in the process, hold an awful ter, the Istook amendment. The Inte- sage of the President vetoing House lot of innocent people hostage. rior Department appropriation bill has Joint Resolution 115, the proposed sec- Mr. Speaker, I would point out that been hung up again on extraneous mat- ond continuing resolution to December this is not the first time that we have ters, including how much of a political 1, is a simple, expeditious way to deal had a political impasse associated with favor this Congress is going to con- with this matter. The votes to override appropriation bills. We have had a tinue to give to mining companies. this veto are not there. Postponing number of continuing resolutions re- Mr. Speaker, Foreign Operations is handling this matter to December 1 quired in the past. But the fact is that tied up because of the abortion issue; it now will remove it from the immediate in almost all cases those arguments in- is tied up again in the Congress. VA, schedule of the House so that it can get volved political divisions between the HUD, and Independent Agencies, they on with more pressing business. President and the Congress and, in have been held up for eons, it seems, I urge all Members to support this most instances, they involved the fail- because of those 17 environmental rid- motion, and I reserve the balance of ure of a legislative product to be ac- ers that were attached by the majority my time. cepted by one branch or another. party. The Defense bill at this point is H 12240 CONGRESSIONAL RECORD — HOUSE November 14, 1995 hung up on a combination of argu- Mr. STEARNS. Mr. Speaker, I thank this Congress has already set. I urge ments over spending levels and the the gentleman for yielding time to me. my colleagues to pass this bill and also abortion issue. Mr. Speaker, let me just say to the to pass a balanced budget plan that The District of Columbia bill has gentleman from Wisconsin [Mr. OBEY] will eliminate the need for such legis- barely made it through the starting and others on this side of the aisle, lation in the future. gate in this House. Commerce, Justice, since 1979 we have had 55 continuing Mr. OBEY. Mr. Speaker, I yield my- State and the Judiciary has not even resolutions, and in 1987 and 1988 we ran self 1 minute, just to point out to the met yet in conference, and the Labor- this whole place on continuing resolu- gentleman that he has pointed out cer- HHS bill passed the House in such ex- tions. So for the gentleman from Wis- tain factors of history, and I would like treme form that the Republican chair- consin to get up and hue and cry about to point out some rather more recent man of the subcommittee himself is how we are running this place on con- history. embarrassed by it, and it is clearly the tinuing resolutions when the Demo- Last year, when I chaired the Com- case that the Republican majority in cratic Party ran this place for years mittee on Appropriations, we had 13 the Senate is so embarrassed by that and years on continuing resolutions is appropriations bill, and all 13 of them extremism that they will not even take just not stating the facts correctly. passed on time. There was no need to the bill up, and they cannot even agree So I want to clear the air and say, pass a continuing resolution because of to pass it on a voice vote with no one God bless his soul, I know what he is the failure of a single appropriations being on record because that bill is so talking about, but the bottom line is, bill, and the reason that happened is bad. in 1987 and 1988 they ran this whole because we determined on this side of Now, there is only one way out of place, because they were so disorga- the aisle not to follow an ideological this, and the way out of this is not to nized they could not even get one ap- agenda, but we determined, and I de- have the President cave in to the propriations bill passed, and the bot- cided as my first act as chairman, that Speaker’s extraneous demands. The tom line is 55 continuing resolutions I would simply step across the aisle way out of it is to simply extend the were pushed by that party. and talk to the ranking Republican and ability of Government to do its busi- So what we are doing this year is we work out a bipartisan division of funds ness and serve our constituents, I are trying to bring it all together much between all 13 bills. would hope for 1 month at a time, but more quickly than the historical per- Mr. Speaker, we did that, we had a if that cannot be done, then it ought to spective we have seen from the Demo- bipartisan product and we had a bipar- be extended 1 day at a time. crats. tisan finish, and as a result, the entire Mr. Speaker, I am perfectly happy to Mr. Speaker, I rise today to point out House was able to finish its work prod- stand here all day today and tomorrow something else to my colleagues, and uct. or for as long as it takes and continue this is some form of the bill of the gen- The gentleman from Louisiana [Mr. to offer that motion in the hopes that tleman from Texas [Mr. ARCHER], the LIVINGSTON], I am sure, had he been at some time sanity will prevail and chairman of the Committee on Ways left to his own devices would have done the leadership of this House will recog- and Means, which will ensure that the the same, but the fact is he has been nize that the entire Government of the Clinton administration does not try to given a different set of marching or- United States should not be held hos- circumvent the Congress when the ders, and I understand that. However, I tage to the whims of one political lead- Government reaches the Federal debt do think if the gentleman is going to er with an extreme agenda. limit, especially at a time when the That is why, Mr. Speaker, I would talk about ancient history, I think he Federal debt, as of noon today, was $4 suggest that rather than debating all ought to talk about recent history as trillion, 986 billion, and on and on and of these extraneous issues, even if we well, and I simply want to bring that have deep partisan divisions on all of on cents. This turns out to be about to the gentleman’s attention. the other issues remaining, there $18,908.01 of each citizen’s share of the Mr. STEARNS. Mr. Chairman, will should not be a partisan issue between debt. the gentleman yield? Mr. Speaker, without the provisions us on the issue of whether or not the Mr. OBEY. Mr. Speaker, despite the Government performs its basic duties in this bill, the Clinton administration fact that the gentleman would not on a day-to-day basis. That is why, will dip into supposedly safe Federal yield to me, yes, I will yield to the gen- again, I would urge our moderate trust funds such as the social security tleman from Florida. friends on the Republican side of the trust fund, the Medicare trust fund and Mr. STEARNS. Mr. Speaker, I com- aisle to join with us, not to adopt any the Federal retiree trust fund. mend the gentleman from Wisconsin agenda that we have, not to reject any Mr. Speaker, this is wrong and unac- [Mr. OBEY] for what he did last year, agenda that your leadership might ceptable. Yesterday the President ve- but is it not true that under your party have, but simply to perform the min- toed this bill because we refused to let since 1979, we have had 55 continuing isterial function of keeping the Gov- the administration raid the Social Se- resolutions? ernment open, keeping it running while curity, Medicare, and Federal retiree Mr. OBEY. Mr. Speaker, reclaiming we have these other debates for as long trust funds, yet this President also my time, it is true that we have had a as they take. claims that he is the one trying to pro- number of them, although I do not In the end, the President is not being tect the seniors. know what the specific number is. held hostage; the American people are What he does not say is that he will All I would say to the gentleman is being held hostage. That should not be spend their hard-earned dollars to pro- that the issue is not the past, the issue allowed to continue, and I would urge long this budgetary crisis. These trust is what should we do now and what are our friends on that side of the aisle to funds should not see their assets re- we going to do to make tomorrow bet- reconsider the action that they have duced, even temporarily, as it sets a ter. We are not going to make tomor- been taking by allowing this impasse bad precedent of encouraging the row better by standing here and hold- to continue. I thank the House for its Treasury Department to raid these ing our breath. We need to keep the attention. funds. Without this bill that the gen- Government open. Mr. LIVINGSTON. Mr. Speaker, I tleman from Texas [Mr. ARCHER] has Mr. LIVINGSTON. Mr. Speaker, I re- yield myself 30 seconds, and I thank provided, the money paid into these serve the balance of my time. the gentleman from Wisconsin [Mr. funds would be diverted to pay for Mr. OBEY. Mr. Speaker, I yield 5 OBEY] for his nice remarks regarding other services. minutes to the gentleman from Mis- my wedding anniversary and acknowl- This is not why the American people souri [Mr. GEPHARDT], the distin- edging that I see him more than I see paid into these trust funds. The Amer- guished minority leader. my wife. ican people have placed their trust in Mr. GEPHARDT. Mr. Speaker, Mem- Mr. Speaker, I yield 3 minutes to the us to manage their Government and to bers of the House, I urge Members to gentleman from Florida [Mr. STEARNS]. protect their investments. vote against this motion. I strongly be- (Mr. STEARNS asked and was given Mr. Speaker, we cannot let them lieve that we should vote today on permission to revise and extend his re- down. The Archer bill will protect whether or not we are going to override marks.) these funds, enforce the limits that this veto so that we can clear the decks November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12241 to begin talking about what kind of a tinue the dialog over the budget. If we nize that seniors need to be part of the continuing appropriation we can put in have not completed it by tomorrow at solution,’’ he says. ‘‘Sacrifice is better place. this time, let us do another 24 hours. borne by premium increases rather The issue is today, and the issue is When we had the budget summit in than through higher deductibles and what happens to real people, because as 1990, we did a number of 48-hour con- copayments which affect the sickest we stand here locked in a disagreement tinuing appropriations. There is no rea- beneficiaries the most.’’ over the budget, which is a disagree- son we cannot do that today. House Republicans have opposed the ment we ultimately have to deal with, I plead with the majority in this Con- other side’s plan to increase in the meantime, real Americans are gress, and I plead with the Speaker. deductibles and to increase co-pays. We being affected negatively by our inabil- Let us use common sense and common only are dealing with the premium. ity to even pass a continuing resolu- decency. Let us do a 24-hour continuing Why in the world would Republicans tion to keep the Government operat- appropriation. then put a premium on a continuing ing. The gentleman from Wisconsin will resolution and make that the issue? Now, a lot of people have said well, be on his feet today, maybe on a num- Very simply. The President has said the essential services will be taken ber of occasions, and will be back here they are going to go ahead and repro- care of, and I guess yes, the airplanes every day on a number of occasions to gram the computers in the Social Se- will still be able to fly, because we are offer, if we are allowed to do it, a 24- curity Administration tomorrow. going to have air controllers out there hour continuing appropriation. Let us Notwithstanding the fact this would working today, and the aircraft car- not take this out on the American peo- affect the checks in January, notwith- riers will be in the water because they ple. Let us do what is decent and right. standing the fact that the administra- are essential. I assume the meat in- Let us do 24-hour continuing appropria- tion knows part of a reasonable agree- spectors will be on the job so that we tions so that the Government can con- ment is the premium, they are going to do not get some bad hamburger or tinue and we can continue trying to do reprogram those computers tomorrow chicken. what we were sent here to do, which is so that when an agreement is made, However, you need to understand to balance the budget on sensible the seniors will see their checks go that on a typical day like today, 20,000 terms. down and then their checks go back up Americans apply for Social Security, Mr. LIVINGSTON. Mr. Speaker, I when everybody agrees the premium is retirement and survivors’ benefits, or yield 5 minutes to the gentleman from the solution. But when will the seniors disability insurance, but because So- California [Mr. THOMAS], the distin- see their checks change? In February cial Security Administration employ- guished chairman of the Subcommittee and March, in the high season of poli- ees are furloughed, 20,000 Americans on Health of the Committee on Ways tics, in the campaign for the Presi- every day, including today, will be de- and Means. dency, the President will say, ‘‘Repub- nied their ability to get these benefits. (Mr. THOMAS asked and was given licans made me do it.’’ There is simply not going to be an of- permission to revise and extend his re- So we took a defensive measure. We fice open for them to go to. marks.) said, ‘‘No, let’s argue the CR now and Also on a typical day like today, any- Mr. THOMAS. Mr. Speaker, the mi- the premium rate now.’’ where between 2,000 and 3,000 veterans nority leader from Missouri asked a If the President will offer a gentle- apply for veterans’ compensation and reasonable question: Why not 24 hours? man’s agreement that we will hold off veterans’ pensions, but because the De- Donna Washington used to sing about on reprogramming the computers, our partment of Veterans Affairs’ employ- 24 little hours. The name of that song problem is solved. Guess what? We can- ees are furloughed today, several thou- was ‘‘What a Difference a Day Makes.’’ not get a gentleman’s agreement out of sand veterans who have served their Because frankly what the Democrats the President. He wants to scare sen- country will be greeted by closed doors are trying to do in terms of playing iors for political reasons. He wants to when they go to get their benefits. Mr. Speaker, again, this is not nec- politics is now, thank goodness, com- argue we are trying to destroy Medi- essary. This is happening, as the gen- pletely out in the open. care, and he is going to stand in the We have talked about our problems tleman from Wisconsin [Mr. OBEY] way of stopping us, notwithstanding said, because the Speaker wants to use and the difficulty of trying to explain the fact everyone over here honestly the Government being closed or open to the American people why we had to knows the premium rate is part of the as leverage to get the President to place holding the line on the Medicare solution. agree to something with regard to the premium in the continuing resolution, This is, shocked if you may be, all budget. It is leverage the Speaker does and the Democrats have said, ‘‘Well, about politics, and the ability of the not need. gee, why do we have to do this? Why President to posture himself as a sav- don’t we just drop it?’’ Now their plea ior notwithstanding his understanding b 1330 is just 24 hours, just 1 day. that the solution is the premium. If we The President is committed to bal- In today’s Wall Street Journal, for had gotten a gentleman’s agreement ancing the budget. There is an argu- those who do not receive it, it lays out out of the President to do the right ment over the details of how that is completely why the Democrats have thing, hold off on reprogramming the done and how fast it is done and what been doing what they are doing. Ini- computers even until the end of the the elements of it are, but he is agree- tially it had been to pander to seniors: week, so that our reconciliation bill ing with the Speaker that we ought to ‘‘We don’t want to have you to have to can be debated, we would not have done try to balance the budget, and he is pay more for Medicare, that in fact we what we did. willing to do that. But we are hurting believe it should be lower.’’ Why are they now standing here say- innocent American taxpayers who have In the Wall Street Journal today an ing they want a clean CR for 24 hours? paid their taxes and fought our wars administration official, quote, involved Because that is the right thing to do? and now simply want to be treated as in the budget deliberations privately Because it is the appropriate thing to they were promised to be treated. concedes that keeping Medicare pre- do? No, it is politics. Because in 24 I have asked the ranking member, miums at the current level, quote, hours, they can then reprogram the the gentleman from Wisconsin [Mr. would not be the worst thing in the computers. A clean CR for 24 hours OBEY], to get up today, maybe on a world in the context of an overall bal- gives them a political point-scoring de- couple of occasions, and offer a resolu- anced budget package. bate in April and May. tion that he has already put in that In fact, everyone, either publicly Re- We knew what they were going to do. would simply extend the continuing ap- publicans or privately Democrats, We said that is unacceptable. We said propriation for 24 hours. I cannot un- agree that the premium structure is let’s make sure that part of the solu- derstand how anyone could not want to part of the solution for seniors. As a tion is not part of the political prob- extend the continuing appropriation matter of fact, the American Associa- lem. for 24 hours. tion of Retired Persons said, and this is That is why Republicans put holding Let us keep the veterans’ offices open John Rother, their legislative director, the line on the beneficiaries’ part of for 24 more hours, so that we can con- ‘‘What we have said is that we recog- the part B premium on the continuing H 12242 CONGRESSIONAL RECORD — HOUSE November 14, 1995 resolution, to stop the President from Mr. THOMAS. Why did you charac- lative branch bill went down to the this kind of political game playing. terize it as that? President, and for no reason at all he They will tell you it is for good and Mr. OBEY. Get your own time. Once vetoed it just to show that he could. worthy purposes. It is for down-in-the- today you ought to follow the rules. Maybe he needed some exercise for his dirt gutter politics, and you people are The SPEAKER pro tempore. The gen- pen hand. I am not sure. But he vetoed going to pay. tleman from Louisiana [Mr. LIVING- it. Mr. OBEY. Mr. Speaker, I demand STON]. In that bill we would cut the cost of the gentleman’s words to be taken Mr. LIVINGSTON. Mr. Speaker, I re- doing business in the U.S. Congress by down. serve the balance of my time. 9 percent compared to last year. To The SPEAKER pro tempore (Mr. Mr. OBEY. Mr. Speaker, I yield my- this day, over 5 or 6 weeks since he ve- COMBEST). The Clerk will report the self 1 minute. toed it, I have not heard the first good, words. It is not my purpose, and I am not valid, reasonable explanation of why it going to get suckered into a personal b was vetoed. 1340 exchange with the gentleman. All I can My friends who have gotten up and Mr. OBEY. Mr. Speaker, under the say is when the gentleman tells me, expounded about the slowness of the procedures triggered by my request, is without benefit of microphone, that he process fully understand that this has the gentleman supposed to be discuss- meant to impugn the motives of the happened before. In fact, over the last ing this directly with the Par- President of the United States, I think 15 years, we have operated under 55 liamentarian? that that is the kind of conduct that continuing resolutions. This was to be The SPEAKER pro tempore (Mr. deserves the attention of the House, our second this year. That is not un- COMBEST). The gentleman is correct on and I make no apology whatsoever in usual. We have had 15 separate budget the question. The gentleman from Cali- making that comment public. confrontations, much like we are hav- fornia [Mr. THOMAS] should be seated. Mr. Speaker, I yield 1 minute to the ing today, in the last 15 years. So this The Clerk will report the words. gentleman from Illinois [Mr. DURBIN]. is not unusual. In fact, it was not an The Clerk read as follows: Mr. DURBIN. Mr. Speaker, why are uncommon way of doing business for We said let us make sure that part of the we engaged in this heated debate? Why the Democrats when they were the ma- solution is not part of the political problem. have we shut down the Federal Govern- jority party to operate under continu- That is why the Republicans put holding the ment? The answer is on this chart. It ing resolution. In 1988 all 13 appropria- line on the beneficiaries’ part of the part B needs to be updated in this respect: tions bills and in 1987, as well, were in- premium on the continuing resolution, to stop the President from this kind of political Three of the thirteen appropriations cluded in a continuing resolution for game playing. They will tell you it is for bills have been passed by the Gingrich- the full year. good and worthy purposes. It is for down-in- led Congress. Now we keep hearing that we are the-dirt gutter politics, and you people are As a result, 10 of these appropriations late, we are late, we are not getting going to pay. bills which keep the Government func- our work done. Look, when the Presi- The SPEAKER pro tempore. In the tioning have not even been submitted dent gratuitously vetoes a bill, obvi- opinion of the Chair, it does not appear by the Republicans in the House and ously we have to have some hesitation that this is a personal reference to any the Senate for the President’s ap- about keeping on sending bills down, Member or to the President. proval. They are literally 6 weeks late after going through all the process of The Chair would caution all Members in their statutory obligation to pass hearings and subcommittees and full to show proper respect to the Members appropriations bills, to keep the Gov- committees, passing them on the floor; of the Congress and to the President. ernment running. the same thing in the Senate; finally Mr. OBEY. Mr. Speaker, I yield my- What they are saying today is that getting to conference. If you finally self 1 minute. they want to postpone this process send the bill down to the President, I will not challenge the ruling of the even longer. and he says, ‘‘I do not like it today. I Chair in the interest of comity, but I Remember, just a few short months got up on the wrong side of the bed. I do want to observe that when the gen- ago when Mr. GINGRICH and his group of will veto this bill.’’ That is not the tra- tleman says that something was done revolutionaries came in and said there ditional process, and it seems to me for reasons of down-and-dirty gutter will be a new day in the House of Rep- that my friends on the Democrat side politics and then he points his finger resentatives? Well, now we know what know that we have had legitimate dis- over here and says. ‘‘You will pay,’’ it is; it is Government shutdown, it is putes about one or two issues in the there is no doubt in my mind who he is mismanagement, it is a waste of Fed- foreign operations bill. We have had le- talking about. He told me privately eral taxpayers’ dollars. For all of the gitimate differences about a single that he was not talking about us. He arguments made on the other side, this issue in the Treasury-Postal bill. We was talking about the President of the chart tells that story. In 10 out of 13 have had two or three issues in the In- United States. I do not believe that the cases, the Gingrich-led Congress failed terior bill where there have been legiti- rules of the House ought to allow any- to lead. mate disputes between the House posi- one’s motives to be impugned, whether Mr. LIVINGSTON. Mr. Speaker, I tion and the Senate position; one issue they are a Member of the House or the yield myself such time as I may in the national security bill; a dif- President of the United States. consume. ference in funding levels between Com- I hope the gentleman will not deny I keep looking at that chart over merce, Justice, and the State Depart- that statement. there they keep pulling up, and I no- ments bill; and in the VA–HUD bill, Mr. THOMAS. Mr. Speaker, will the ticed it is in error. He forgot Energy well, you have got some real dif- gentleman yield? and Water has been signed into law. It ferences of opinion between the House Mr. OBEY. I yield to the gentleman does not reflect that. and the Senate and between Members from California. Mr. OBEY. If the gentleman would of both parties in the VA–HUD bill, and Mr. THOMAS. I appreciate his at yield, that is what the gentleman from that one has taken longer. least being honest, indicating that I Illinois just said. For the District of Columbia bill, told you privately and this gentleman Mr. LIVINGSTON. It shows you how likewise, there has been a lot of discus- certainly appreciates the way in which much I listen. sion, a lot of dissension about this bill, you honor private conversations, and it Mr. Speaker, look, the military con- and the Labor-Health bill, frankly, has will be remembered. struction bill has been signed into law. not even passed the other body. That is Mr. OBEY. I did not consider that to The agriculture bill has been signed not because of the majority. I under- be a private conversation. I considered into law. Now we know that the energy stand that it is primarily because of it to be a conversation made on the and water development bill has been the minority conducting a filibuster on floor of the peoples’ House. signed into law, as the gentleman from the Labor-Health bill. Mr. THOMAS. Why did you charac- Illinois evidently acknowledged. The Now, Mr. Speaker, the fact is the terize it as that? transportation bill will be signed into American people know we have passed Mr. OBEY. Get your own time. law presumably within days. The legis- every one of these bills. There is not November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12243 one of these bills we have not passed. is about 2 pages long that is not a plan But that is not what we are talking The House has taken its normal tradi- at all. But he can carp at ours. He can about today. Why cannot we do our tional action on all of these bills, and criticize ours. He can veto our legisla- work? Why can we not send 13 appro- now they are working their way tive branch bill. He can veto our con- priation bills to the President? Why through conference, and within the tinuing resolution. He can veto our have we brought the Government down next couple of weeks, the date the con- debt ceiling. He can veto maybe all of because we have not done our work and tinuing resolution that just got vetoed the other bills that we send him. tried to blame the President because by the President would have expired, But, Mr. President, you cannot just we have not done our work? frankly, we could have finished this say ‘‘no.’’ You have got to say ‘‘yes’’ to Now, ‘‘we’’ means me, because I am business. We could have concluded. something. Where is the plan, Mr. getting tarred by the same thing the But, you know, I think it is really President? Where is the beef? majority is refusing to do. But I am ironic that were talking about the fail- Mr. Speaker, I have heard a lot of tired of taking it, and I would like to ure of the appropriations process to rhetoric over the last few days. I have have the blame for this particular bill work its will when the other party, the heard so many speeches. I just cannot go where it belongs. The majority has minority party, when it was the major- believe that the American people real- not don it’s work. ity, acted so grossly in excess of any- ly understand what is going on, be- b 1400 thing that we have done so far. It is pa- cause they have been filled with fluff. Mr. LIVINGSTON. Mr. Speaker, I thetic. But when it gets right down to it, who But, the real issue seems to be the really has that plan to put America yield 3 minutes to the gentleman from Louisiana [Mr. MCCRERY], a distin- fact that the folks on the other side of back on track to fiscal sanity? We do. guished member of the Committee on the aisle do not want to face up to the And we are going to implement it with Ways and Means. fact that this new majority, for the or without the other side. Mr. MCCRERY. Mr. Speaker, just in first time in 60 years, is headed down Mr. Speaker, I reserve the balance of response to my good friend from Texas, the path toward fiscal responsibility my time. who has been a valiant warrior for a Mr. OBEY. Mr. Speaker, I yield 2 and is determined to put the United balanced budget for this country, and I minutes to the distinguished gen- States of America on a fiscally strong commend him on his efforts, I think tleman from Texas [Mr. STENHOLM]. footing by balancing the budget and the gentleman has failed to properly (Mr. STENHOLM asked and was thereby providing huge benefits to characterize the work ethic of this given permission to revise and extend every citizen in America. Congress. We are going to bring down interest his remarks.) With all due respect to the gentle- rates. The cost of housing, of edu- Mr. STENHOLM. Mr. Speaker, I have man’s comments, this Congress, cer- cation, of retirement is all going to a slightly different spin on the last tainly this House of Representatives, come down because we are going to fi- speaker, the distinguished chairman of has passed more legislation than any in nally balance the budget for the first the committee, and I take no affront to my memory, and probably than any time in I do not know how many years. most of what you said, I say to the gen- Congress since the first term of FDR. We have only balanced the budget tleman from Louisiana [Mr. LIVING- So to say that we have failed to do our three times since World War II. We are STON]. work I do not think appropriately going to put this country back on a But, you know, the problem we have characterizes this House’s work. track toward a balanced budget be- is when the 55 CRs were being discussed The gentleman is correct that we cause we are going to get spending in on this side, I oppose my leadership on have failed to timely pass all of our ap- line with revenues. that just as I wished you were opposing propriations bills; that is to say, we I think that that is a good thing. Our your leadership on why we are here have failed to pass all 13 appropriations friends on the other side should be today. bills before the October 1 beginning of standing up and cheering for what we The issue today is not Social Secu- the fiscal new year. And that is regret- are doing, but all we hear is criticism. rity. It is not Medicare. It is not bal- table. However, the gentleman knows We also see them hiding behind the ancing the budget. The issue before us full well that for the first time in 40 President’s statement in his veto mes- is as to whether we are going to have years, this Congress enjoys a new ma- sage in which he says, ‘‘We do not need Government continue while we do our jority, a new leadership, and we hoped the cuts in this continuing resolution work. No matter how you spin it, the a new direction for the country. And in to balance the budget. We do not need bottom line of this particular resolu- an effort to change the direction of this big cuts in education and environment tion and this particular argument, country, we had to necessarily take up to balance the budget.’’ He said, ‘‘I Congress has not completed but three a good part of the first part of this year have proposed a balanced budget with- of our legislative appropriation bills. in passing legislation that we thought out these cuts and without others.’’ If we had all 13, we would not be here. and we hoped would start the country The fact is the President’s proposal, The Department of Agriculture is func- in a new, better direction. the only really significant proposal tioning today because we did our work. Consequently, we were put behind that he gave us in February when he The legislative appropriations, I voted somewhat on the appropriations proc- submitted the budget to Congress, had against it, I say to the gentleman from ess. But the gentleman knows well that no balanced budget; $200 billion of defi- Louisiana [Mr. LIVINGSTON]. Why? Be- that can be remedied very easily by cits this year, the next year, the year cause we did not cut ourselves as adopting a continuing resolution, after that, no balanced budget for as much. I thought we ought to cut Con- which is what we did. The President far as the eye could see. And yet he gress as much as we did the executive has now vetoed that for his own rea- says he has got a plan to balance the branch. We did not do it. I voted ‘‘no.’’ sons, and we must now try to pass an- budget. I was glad the President vetoed it. I other continuing resolution eventually, Whre is it? It was not in his cam- was disappointed he did not make the so that this Government can continue paign when he said he could balance same point I did. to operate. the budget in 5 years. It was not in his I got criticized by folks on your side I just wanted to take issue with the February budget when he said he could of the aisle for doing that. gentleman’s comments about the work not balance the budget. It was not 2 You know, we have not done our ethic of this House. years ago when he raised taxes on the work. That is the bottom line. The Mr. STENHOLM. Mr. Speaker, will American people by the greatest President cannot get involved until we the gentleman yield? amount in the history of the country. do ours. Mr. MCCRERY. I yield to the gen- It is not in his mid-year review which We have 68 Democrats who have al- tleman from Texas. CBO still scared $200 billion a year to ready said we are for balancing the Mr. STENHOLM. Mr. Speaker, I did beyond 2005—his 10-year balance. budget. If you want to deal with these not cast any dispersions intentionally Now where is the balanced budget, peripheral issues, let us get on with on the work ethic of the Congress. I Mr. President? He has indicated he has doing our work. Let us put us all on readily concur with the gentleman’s got a plan. The only thing I have seen the line. statement. H 12244 CONGRESSIONAL RECORD — HOUSE November 14, 1995 My only point was it seems to me partments, which everybody wants to there can be no riders, I think that per- that the business as usual that you do. Let us do the reasonable thing and son is being unrealistic. have rightfully complained about, and provide for the operation of govern- I would hope the President would I have joined you with, is now being ment, and then, as the public expects come back to the negotiating table. I perpetuated at a level of which we have us to do, argue, contend, on the issues would point out to individuals, and not seen in a long time on one particu- of difference between us and follow the people who read the paper this morning lar issue, and that is the continuing. regular process. will know this, the Speaker offered the If we could just send a clean continu- This is not the right thing to do. This President a deal where Medicare would ing resolution, get on with doing our is not the smart thing to do. This is be withdrawn, where there would not work and allow a little more biparti- not in the best interests of America or be language dealing with the Medicare sanship in it, I believe we would all do the American public. Program, in exchange for the President better. Mr. HEFNER. Mr. Speaker, will the to committing to balancing the budget My only point today was we are gentleman yield? in 7 years. The President did not accept blaming the President for doing some- Mr. HOYER. I yield to the gentleman that as a legitimate offer. thing that we have not done, regardless from North Carolina. I think people should know that in- of the merits. We have taken 318 days Mr. HEFNER. Mr. Speaker, I would deed the Members of this House who to get to this point. We spent the last like to ask a question I have been ask- are serious about keeping the Govern- four debating this. Why have we not ing around here for the past 2 days: Is ment open and balancing the budget at been sending the appropriation bills there anything that is put in this CR the same time, have been willing to ne- down to the President so he can sign and the debt extension that could not gotiate in good faith. All we are asking them? That is my only point. be done through the regular channels for is the President do the same thing. Mr. MCCRERY. Mr. Speaker. re- in this House? Mr. LIVINGSTON. Mr. Speaker, I claiming my time, the gentleman Mr. HOYER. Mr. Speaker, reclaiming yield myself 2 minutes. knows that the President has already my time, the answer to that is nothing, Mr. Speaker, I want to commend the vetoed one of the appropriations bills and the Treasury-Postal bill could pass gentleman for making an excellent that we sent to him, and has threat- right now if the chairman would ask point. In the 55 continuing resolutions ened to veto other appropriations bills. unanimous consent that it come to the that took place over the last 15 years But we will get that work done. We floor. We could pass it right now, Mr. when the Democrats were in control of have done our work in this House. We Speaker, and send it to the President. this body, and during the 15 budget are waiting on the other body to com- I believe without the Istook-Ehrlich, confrontations that took place, there plete its work. We will get the work the President would sign it, and 95,000 were lots and lots of riders attached to done. people can come back to work for the these various legislative vehicles. As a Mr. OBEY. Mr. Speaker, I yield 3 American people. matter of fact, one of the most signifi- minutes to the distinguished gen- Mr. LIVINGSTON. Mr. Speaker, I am cant that kept this House hog-bound, tleman from Maryland [Mr. HOYER]. pleased to yield 2 minutes to the gen- hog-tied, for weeks, months, and years (Mr. HOYER asked and was given tleman from Massachusetts [Mr. actually, because there were investiga- permission to revise and extend his re- TORKILDSEN]. tions on top of investigations, was the marks.) Mr. TORKILDSEN. Mr. Speaker, I Boland amendment, which was the Mr. HOYER. Mr. Speaker, I know my thank the chairman for yielding me amendment passed by the majority chairman likes this chart, so I put it time. back in those days to give comfort to back up. I am the ranking member on Mr. Speaker, in case there was some the people who turned out to be the one of these subcommittees, the Sub- confusion with some of the words just Communist insurgents and the Com- committee on Treasury, Postal Serv- spoken, the Istook amendment was not munists that dominated Nicaragua. ice, and General Government. What we in the continuing resolution. I was one This rider virtually assisted those peo- are about is laying off employees, fur- of the Republicans who opposed the ple, led to endless debate, investiga- loughing employees today. On this Istook amendment. I am glad it is not tions of the President of the United Treasury-Postal bill, we cover 192,000 there. It was not in the continuing res- States and all sorts of groundless accu- Federal employees. Of that, approxi- olution. sations. That Boland amendment was mately 95,000 of them were at 11 Mr. HOYER. Mr. Speaker, if the gen- included on a continuing resolution at o’clock today told to go home. tleman will yield, I misspoke. It was on least once. It was a rider. It was a I do not question the work ethic; I the debt extension. rider, the very same nature of which question the work smartness. This bill, Mr. TORKILDSEN. Mr. Speaker, the has been complained about by my as my chairman so well knows, should whole point that many Members in the friends on the other side of the aisle. have passed 60 days ago. But because, minority have made, that we cannot So do not tell us it has never been very frankly, 100 of our most zealotry pass a continuing resolution because done before. It was always done before. Members, what an awful word that is, there are these riders on it, just does In fact, it was done with incredible ex- want to pass an amendment that can- not hold water. If you go back and look cess under their leadership. The Boland not pass the Senate, forget about the to the time when the Democrats were amendment is an incredibly vivid ex- President, cannot pass the Senate, the in the majority, time and time again ample of how they used to do this stuff. Istook-Ehrlich amendment, which was there were riders on the continuing We have had a few riders, but we with- rejected by the U.S. Senate on the con- resolutions. drew the Istook amendment because it tinuing resolution, because they can- In fiscal 1988, the continuing resolu- was so controversial. Now we have just not pass that, this bill sits here for tions that year had the Agricultural a plain old continuing resolution, with that reason alone. Aid and Trade Mission Act, the Nuclear a lot of nominal stuff that the Presi- As of September 13, it was ready to Waste Policy Amendments Act, the dent has reached into the bottom of be passed through this House and be Indo-Chinese Refugee Resettlement the barrel and scraped up a reason why signed by the President of the United Act, the Food Security Act Amend- he should veto it. States. So, because of that extreme ments. Over and over again there have The fact of the matter is, the Presi- commitment to one unrelated appro- been riders. So for someone to get up dent just does not want to balance the priation issue, this bill stands mired in and say, ‘‘Well, there has to be a clean budget, and that is the plain truth. a political morass, and 95,000 people bill,’’ that person is just not dealing Mr. Speaker, I reserve the balance of were sent home. with reality. my time. Mr. Speaker, I ask my reasonable I think that the chairman’s position Mr. OBEY. Mr. Speaker, I yield 1 colleagues on the Republican side of is well founded. We need to negotiate minute to the distinguished gentleman the aisle and on the Democrat side of something to keep the Government from California [Mr. MILLER]. the aisle, let us join together and do open, but there should be strings, there Mr. MILLER of California. Mr. what we know makes sense, and that is should be legitimate riders attached. Speaker, earlier the minority leader provide for the operations of these de- For any Member to get up and say suggested that we have a short-term November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12245 resolution, and the gentleman from Mrs. SCHROEDER. Mr. Speaker, I has not even come together with its Wisconsin [Mr. OBEY] has offered a thank the gentleman from Wisconsin own budget. I want to work together short-term resolution to this. And the for his leadership in this. I think we with my friends on the other side of reason is this: Right now CNN is re- are at a very, very clear and critical the aisle to do what is right for Amer- porting the President is about to go crossroad. We have over 800,000 Ameri- ica, not what is right for the Repub- live that the Republicans and the cans being sent home at this moment lican party or the Democratic party White House have agreed to try and because we have not finished the bills, but what we have to do for all the peo- agree, to set aside their differences and all these many, many days after the ple. agree to try and agree. due date. We need to pass a clean continuing As the gentleman from Texas [Mr. We now understand that there is an resolution. We do not need to STENHOLM] points out, why would we agreement between the President and compound it with language that is ex- shout down the Government in the face the Republicans to try to meet and traneous to the budget matter, and I of that? What is wrong with a 24-hour work out these agreements, their dif- think that most Americans feel that or 48-hour continuing resolution, so the ferences. We also understand that there way, so that we can work in a biparti- Committee on Appropriations can con- is a letter from the Speaker saying to san way for America’s interests. tinue to do its work, so it can send the these 800,000-plus people who are being Mr. OBEY. Mr. Speaker, I yield 1 transportation bill from the Senate? sent home that they are going to be minute to the gentleman from New But this is ridiculous, to start send- paid anyway. York [Mr. SCHUMER]. ing people home, calling them back, Now, why do we not adopt the gen- (Mr. SCHUMER asked and was given and sending them home, when in fact tleman from Wisconsin’s resolution for permission to revise and extend his re- the principals now to this agreement a 24-hour clean continuing; and then if marks.) have decided they will try and reach an something falls apart with the Presi- Mr. SCHUMER. Mr. Speaker, I, too, agreement, which is a far different sit- dent we do not have to do it tomorrow, want to say this is a game we are play- uation than we had an hour ago and we but let us keep it going. Why are we ing because the Republicans wanting to had yesterday. sending home people when we are going stick this measure and that measure So the point is this: That we do not to pay them anyway? I want them to and this doodad and that doodad on have to inflict either the cost or the be paid, but that is crazy. Adopt the this bill is atrocious. It should not be a pain on the recipients, the Social Secu- gentleman’s resolution. game. It has a real effect on people. rity recipients, the veterans recipients, Mr. LIVINGSTON. Mr. Speaker, we In my area of New York, 30,000 Fed- that the minority leader referenced have only one remaining speaker, and I eral workers are furloughed; 57,000 vet- earlier. We ought to do this and get on will reserve the balance of my time. erans may not get their checks; the with the business of this House and the Mr. OBEY. Mr. Speaker, I yield 1 Statue of Liberty closed, even though Congress and finish our work. minute to the gentlewoman from Con- hundreds of thousands have come to Mr. OBEY. Mr. Speaker, I yield 1 necticut [Ms. DELAURO]. see it. This is real, and it is completely minute to the gentleman from Texas Ms. DELAURO. Mr. Speaker, some- against the grain of what is right, to [Mr. BENTSEN]. times it’s a good idea to go outside the Mr. BENTSEN. Mr. Speaker, this is try to beat in the street the schoolyard beltway to get a better understanding nonsense. It is no way to run a com- bully, as the other side is doing, and of what is happening here in Washing- pany, and certainly no way to run a na- say do it my way or no way. ton. In yesterday’s USA Today, a letter tion. We were sent here to do the peo- We should pass a clean, plain vanilla to the editor from Joann Rossall of ple’s business, but the fact is that the CR, a clean, plain vanilla debt ceiling Snohomish, WA, hit the nail on the leadership of this House has failed to and then get on and negotiate with the head when it comes to the Government meet well-known and statutory dead- people’s business. shutdown. lines. So, now, rather than act respon- Mr. LIVINGSTON. Mr. Speaker, I It reads: sibly, we are engaging in a political yield 2 minutes to the gentleman from shouting match on the American peo- It seems to me if Gingrich and his troops California [Mr. COX]. had done the job that I and every other citi- Mr. COX of California. Mr. Speaker, I ple’s time and the American people’s zen in this country pay them to do, they thank the chairman. money. That is irresponsible. would have presented a finished budget over The Republican majority controls Mr. Speaker, I have been listening to six weeks ago. the debate, and I have to agree with both houses, and yet it has only passed Republicans knew the budget was due by 4 of 13 appropriations bills, 3 of which Oct. 1—they’ve had elephants and clowns at much of what I have heard. It is very have been signed into law. They did not the Capital, they’ve had wild animals parad- important that the Congress pass a even send him this bill until a few ing up the halls, but they haven’t done the continuing resolution and that we get hours before the last deadline. They job they were hired to do. on with the major business at hand, are asking the President to negotiate Joann Rossall hit the nail right on which is, of course, wrapping up all of on bills that their majority has not the head. If it weren’t for the Gingrich our work here so that Congress can ad- even passed and sent to the White public relations extravaganza of the journ and we can get on with the fiscal House. Their leadership has failed the first 100 days, we wouldn’t be in this year that has already commenced on test of process, not to mention policy. mess. October 1. Today we fight to the death over a Stop whining and do your job. A couple of points need to be made, short-term measure. What happens Mr. OBEY. Mr. Speaker, I yield 1 though, because they are missing from next? Now we are going to engage in a minute to the gentleman from Maine the debate. We all recall we worked symbolic exercise of shutting down the [Mr. BALDACCI]. very, very hard here to pass all of our Government and throwing a temper Mr. BALDACCI. Mr. Speaker, I voted appropriations bills before we ad- tantrum. My children do that. They for a balanced budget over 7 years, and journed for August. This body has been were not elected to serve the people’s I support that because I support fiscal doing a responsible job, and I want to interests. responsibility. This is not fiscal re- congratulate the chairman for that ef- Mr. Speaker, I call on my colleagues sponsibility. This is a continuing reso- fort. on the other side to reject this non- lution that Congress needs to pass be- Second, insofar as people saying that sense, to get some business sense, to cause it has not finished its work. For doodads are being stuck on the bill or get some common sense. Let us bring a Congress then to add items to it that extraneous matters, I do not know clean bill we can pass, and let us get are unrelated to the financial matters whether anyone considers it to be an back to doing the people’s business we at hand is really compounding the extraneous matter that both the Sen- were sent here to do. problem. ate and the House have passed a plan We need to have a clean continuing for a 7-year balanced budget and that b 1415 resolution, we need to have a clean the administration, the Clinton admin- Mr. OBEY. Mr. Speaker, I yield 1 debt limit, because we have not really istration, and the President himself minute to the gentlewoman from Colo- done our job. It is not the President’s have refused to accept this overall rado [Mrs. SCHROEDER]. responsibility, because the Congress principle. If we had agreement at that H 12246 CONGRESSIONAL RECORD — HOUSE November 14, 1995 level, then I think all the rest of this (Mr. LIVINGSTON asked and was wanted old people to die to solve the could be quickly negotiated. But the given permission to revise and extend Social Security problem. We have great difficulty here is that, for the his remarks.) heard our Members called radical ex- first time, certainly in my lifetime, we Mr. LIVINGSTON. Mr. Speaker, I tremists. The Vice President himself have a President who is vetoing a con- yield myself the balance of my time. used the term ‘‘terrorism.’’ The Presi- gressional spending plan because it Mr. MCCRERY. Mr. Chairman, will dent’s Chief of Staff says we put a gun does not spend enough money. the gentleman yield? to the President’s head, and he uttered When Leon Panetta was at the Con- Mr. LIVINGSTON. I yield to the gen- those words only 3 days after the fu- gress I was working at the White tleman from Louisiana. neral of Prime Minister Rabin. House, and at that time President Mr. MCCRERY. Mr. Speaker, I thank Mr. Speaker, this is ridiculous. These Reagan had to veto a continuing reso- the gentleman for yielding. words hurt. Somebody here on the floor lution with all the things stuck on to Mr. Speaker, I just wanted to point today talked about animals running it because Congress wanted to spend out that with respect to the question of loose in the halls or people throwing too much money. Now, this President the Medicare premiums that have been tantrums or attaching doodads to the is vetoing a continuing resolution be- talked about a lot here on this floor bills like schoolyard bullies. cause the Congress, in his view, is not today, my friend from California, Mr. Look, this is the legislative process. spending enough money. THOMAS, made a remark that gained Two bills have been passed in the last This Congress is different. It is the some attention. While we may not all week, a continuing resolution and an first Republican majority Congress in characterize either the President’s ac- effort to raise the debt ceiling. Now, if 40 years; and if our mandate is nothing tions or the Democratic minority’s ac- Members do not like everything in- else, it is to make sure that we change tions the way the gentleman from Cali- cluded in these bills, get the votes to this pattern of endless deficits. The fornia [Mr. THOMAS] did, I think it is reverse it, but do not label it terrorist President’s plan, finally having agreed worth pointing out that Robert tactics by extremists. to a balanced budget in principle, Reischauer, the Director of the Con- The fact is, this is the legislative would have a deficit of $200 billion in gressional Budget Office, when the process. Both bills passed with a major- the year 2005. We want to bring these Democrats were in the majority, is ity of the House and the Senate. Just deficits to an end, and that is the task quoted in today’s Wall Street Journal as rightfully, they went to the White at hand. Let us agree to the principle as saying, ‘‘I think, in a sense, the House, and the President exerted his of a balanced budget and do it now. President is defending the low ground privilege under the Constitution of the Mr. OBEY. Mr. Speaker, does the on this question of the Medicare pre- gentleman from Louisiana have only United States, and he vetoed them. mium.’’ Now, we are kind of at an impasse, one remaining speaker? Certainly I would agree with Mr. Mr. LIVINGSTON. Yes, Mr. Speaker, and it will take us a few days to work Reischauer, or Dr. Reischauer, that the it out but, folks, the process will work. and I reserve the right to close. President is defending the low ground Mr. OBEY. Mr. Speaker, I yield such And if we do not resort to this fence- on the question of the Medicare pre- time as she may consume to the gen- building and all this name calling, we miums. No one in his right mind would tlewoman from Texas [Ms. JACKSON- will come together, we will work conclude that with escalating health LEE]. through this process, and the non- (Ms. JACKSON-LEE asked and was care costs we should reduce the pre- essential Government workers, ulti- given permission to revise and extend mium that seniors pay for that pro- mately, will get back to work, and gov- her remarks.) gram. ernment will get back to normal. Ms. JACKSON-LEE. Mr. Speaker, in I just wanted to point that out, and I The SPEAKER pro tempore. All time keeping with the reasonable consensus thank the gentleman for yielding. has expired. of getting on with the American peo- Mr. LIVINGSTON. Mr. Speaker, I Without objection, the previous ques- ple’s business, I ask my colleagues not thank the gentleman for his comments, tion is ordered. to delay a vote on any continuing reso- and I think that the gentleman’s com- There was no objection. lution so that the Congress can move ments highlight the hysteria that has The SPEAKER pro tempore (Mr. forward on behalf of the American peo- been put out for press consumption COMBEST). The question is on the mo- ple. I will vote no on any delaying vote over the last few days about the poten- tion offered by the gentleman from on the continuing resolution. The Con- tial train wreck that we have heard so Louisiana [Mr. LIVINGSTON]. gress needs to vote for a clean continu- much about over the last few months. The question was taken; and the ing resolution. We are going through this legislative Speaker pro tempore announced that Mr. OBEY. Mr. Speaker, Members process, and it is not pleasant. It is the noes appeared to have it. can make their debating points on any perhaps the ugliest portion of the legis- Mr. LIVINGSTON. Mr. Speaker, I ob- bill they want except this one. The fact lative process. But the important thing ject to the vote on the ground that a is that there will be 20,000 people a day to understand is that it is part of the quorum is not present and make the who will apply for Social Security as- legislative process. point of order that a quorum is not sistance. That means about 40 in each I have pointed out several times to present. congressional district. There will be the other party that when they were in The SPEAKER pro tempore. Evi- about 3,000 veterans who will apply for control of the House of Representatives dently a quorum is not present. help on any given day, about 6 in each and the other body they had 55 con- The Sergeant at Arms will notify ab- district. Those may seem like small tinuing resolutions, they had 15 sepa- sent Members. numbers, but they are not small to the rate budget confrontations. There were The vote was taken by electronic de- people involved. some work-stop instances because we vice, and there were—yeas 229, nays We ought to get on with our business, could not reach an accommodation 199, not voting 4, as follows: stop the debating points. That is why I with the President, who then, at that [Roll No. 790] will, whenever I can today, offer a mo- time, was a Republican when we had tion for a clean CR, whether it is 1 Democratic-controlled Congresses. YEAS—229 month or 1 day, whatever the powers This has gone on before, and it will go Allard Bilbray Buyer Archer Bilirakis Callahan that be in this House will allow, so on from now on. Armey Bliley Calvert that we do not wind up hurting inno- I worry about the hysteria. I think Bachus Blute Camp cent people while we continue to de- that it is unfortunate when leaders of Baker (CA) Boehlert Canady either side resort to language, frankly, Baker (LA) Boehner Castle bate other issues that should be settled Ballenger Bonilla Chabot on other legislation in other places. that simply inflames the attitudes and Barr Bono Chambliss Mr. Speaker, I urge Members to sup- the approaches of the press in order to Barrett (NE) Brownback Chenoweth port my request of the Speaker that he win the hearts and minds of the Amer- Bartlett Bryant (TN) Christensen Barton Bunn Chrysler allow for a clean CR for whatever ican people. Bass Bunning Clinger length of time that the Speaker would We have heard references, Mr. Speak- Bateman Burr Coble be happy to entertain. er, that one side said the other side Bereuter Burton Coburn November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12247 Collins (GA) Houghton Quillen Lincoln Olver Slaughter The Clerk read the title of the bill. Combest Hunter Quinn Lipinski Ortiz Spratt Cooley Hutchinson Radanovich Lofgren Orton Stark The SPEAKER pro tempore. The Cox Hyde Ramstad Lowey Owens Stenholm question is on the motion offered by Crane Inglis Regula Luther Pallone Stokes the gentleman from Texas [Mr. AR- Crapo Istook Riggs Maloney Pastor Studds CHER] that the House suspend the rules Cremeans Johnson (CT) Roberts Manton Payne (NJ) Stupak Cubin Johnson, Sam Rogers Markey Payne (VA) Tanner and pass the bill, H.R. 2621. Cunningham Jones Rohrabacher Martinez Pelosi Taylor (MS) The question was taken. Ros-Lehtinen Mascara Peterson (FL) Tejeda Deal Kasich RECORDED VOTE DeLay Kelly Roth Matsui Peterson (MN) Thompson Diaz-Balart Kim Roukema McCarthy Pickett Thornton Mr. MCCRERY. Mr. Speaker, I de- Dickey King Royce McDermott Pomeroy Thurman mand a recorded vote. Doolittle Kingston Salmon McHale Poshard Torres A recorded vote was ordered. Dornan Klug Sanford McKinney Rahall Torricelli Dreier Knollenberg Saxton McNulty Rangel Towns The vote was taken by electronic de- Duncan Kolbe Scarborough Meehan Reed Traficant vice, and there were—ayes 247, noes 179, Dunn LaHood Schaefer Meek Richardson Velazquez not voting 6, as follows: Ehlers Largent Schiff Menendez Rivers Vento Ehrlich Latham Seastrand Mfume Roemer Visclosky [Roll No. 791] Emerson LaTourette Sensenbrenner Miller (CA) Rose Volkmer AYES—247 English Laughlin Shadegg Minge Roybal-Allard Ward Allard Foley McKeon Ensign Lazio Shaw Mink Rush Waters Archer Forbes Metcalf Everett Leach Shays Moakley Sabo Watt (NC) Armey Fowler Meyers Ewing Lewis (CA) Shuster Mollohan Sanders Waxman Bachus Fox Mica Fawell Lewis (KY) Skeen Montgomery Sawyer Williams Baker (CA) Franks (CT) Miller (FL) Fields (TX) Lightfoot Smith (MI) Moran Schroeder Wilson Baker (LA) Franks (NJ) Molinari Flanagan Linder Smith (NJ) Morella Schumer Wise Ballenger Frelinghuysen Montgomery Foley Livingston Smith (TX) Murtha Scott Woolsey Barr Frisa Moorhead Fowler LoBiondo Smith (WA) Nadler Serrano Wyden Barrett (NE) Funderburk Morella Fox Longley Solomon Neal Sisisky Wynn Bartlett Gallegly Myers Franks (CT) Lucas Souder Oberstar Skaggs Barton Ganske Myrick Franks (NJ) Manzullo Spence Obey Skelton Bass Gekas Nethercutt Frelinghuysen Martini Stearns NOT VOTING—4 Bateman Gilchrest Neumann Frisa McCollum Stockman Bereuter Gillmor Ney Funderburk McCrery Stump Fields (LA) Waldholtz Bilbray Gilman Norwood Gallegly McDade Talent Tucker Yates Bilirakis Goodlatte Nussle Ganske McHugh Tate Bliley Goodling Oxley Gekas McInnis Tauzin b 1448 Blute Goss Packard Gilchrest McIntosh Taylor (NC) Mr. MOORHEAD changed his vote Boehlert Graham Parker Gillmor McKeon Thomas Boehner Greenwood Paxon Gilman Metcalf Thornberry from ‘‘nay’’ to ‘‘yea.’’ Bonilla Gunderson Peterson (MN) Goodlatte Meyers Tiahrt So the motion was agreed to. Bono Gutknecht Petri Goodling Mica Torkildsen The result of the vote was announced Brewster Hall (TX) Pombo Goss Miller (FL) Upton Browder Hancock Porter Graham Molinari Vucanovich as above recorded. Brownback Hansen Portman Greenwood Moorhead Walker A motion to reconsider was laid on Bryant (TN) Hastert Pryce Gunderson Myers Walsh the table. Bunn Hastings (WA) Quillen Gutknecht Myrick Wamp Bunning Hayes Quinn Hancock Nethercutt Watts (OK) f Burr Hayworth Radanovich Hansen Neumann Weldon (FL) Burton Hefley Ramstad Hastert Ney Weldon (PA) REQUEST TO DISCHARGE COMMIT- Buyer Heineman Regula Hastings (WA) Norwood Weller TEE ON APPROPRIATIONS FROM Callahan Herger Riggs Hayworth Nussle White FURTHER CONSIDERATION OF Calvert Hilleary Roberts Hefley Oxley Whitfield HOUSE JOINT RESOLUTION 119, Camp Hobson Rogers Heineman Packard Wicker Canady Hoekstra Rohrabacher Herger Parker Wolf FURTHER CONTINUING APPRO- Castle Hoke Ros-Lehtinen Hilleary Paxon Young (AK) PRIATIONS FOR FISCAL YEAR Chabot Holden Roth Hobson Petri Young (FL) 1996 Chambliss Horn Roukema Hoekstra Pombo Zeliff Chapman Hostettler Royce Hoke Porter Zimmer Mr. OBEY. Mr. Speaker, I ask unani- Chenoweth Houghton Salmon Horn Portman mous consent that the Committee on Christensen Hunter Sanford Hostettler Pryce Appropriations be discharged from fur- Chrysler Hutchinson Saxton ther consideration of House Joint Res- Clement Hyde Scarborough NAYS—199 Clinger Inglis Schaefer Abercrombie Coyne Gibbons olution 119, a clean continuing resolu- Coble Istook Schiff Ackerman Cramer Gonzalez tion through midnight tomorrow, and Coburn Johnson (CT) Seastrand Andrews Danner Gordon ask for its immediate consideration in Collins (GA) Johnson, Sam Sensenbrenner Baesler Davis Green the House. Combest Jones Shadegg Baldacci de la Garza Gutierrez Condit Kelly Shaw Barcia DeFazio Hall (OH) The SPEAKER pro tempore (Mr. Cooley Kim Shuster Barrett (WI) DeLauro Hall (TX) COMBEST). Under the guidelines con- Cox King Sisisky Becerra Dellums Hamilton sistently issued by successive Speak- Cramer Kingston Skeen Beilenson Deutsch Harman ers, and procedures recorded on page Crane Klug Skelton Bentsen Dicks Hastings (FL) Crapo Knollenberg Smith (MI) Berman Dingell Hayes 534 of the House Rules Manual, the Cremeans Kolbe Smith (NJ) Bevill Dixon Hefner Chair is constrained not to entertain Cubin LaHood Smith (TX) Bishop Doggett Hilliard the gentleman’s request until it has Cunningham Largent Smith (WA) Bonior Dooley Hinchey Davis Latham Solomon Borski Doyle Holden been cleared by the bipartisan floor Deal LaTourette Souder Boucher Durbin Hoyer and committee leaderships. DeLay Laughlin Spence Brewster Edwards Jackson-Lee Mr. OBEY. Mr. Speaker, I would urge Diaz-Balart Lazio Stearns Browder Engel Jacobs the Speaker to clear such a motion. It Dickey Leach Stockman Brown (CA) Eshoo Jefferson Doggett Lewis (KY) Stump Brown (FL) Evans Johnson (SD) obviously needs to be done. Doolittle Lightfoot Talent Brown (OH) Farr Johnson, E. B. f Dornan Linder Tate Bryant (TX) Fattah Johnston Dreier Lipinski Tauzin Cardin Fazio Kanjorski ENFORCEMENT OF PUBLIC DEBT Duncan Livingston Taylor (MS) Chapman Filner Kaptur Dunn LoBiondo Taylor (NC) Clay Flake Kennedy (MA) LIMIT AND PROTECTION OF SO- Ehlers Longley Thomas Clayton Foglietta Kennedy (RI) CIAL SECURITY AND OTHER Ehrlich Lucas Thornberry Clement Forbes Kennelly FEDERAL TRUST FUNDS AND Emerson Manzullo Tiahrt Clyburn Ford Kildee ACCOUNTS English Martini Torkildsen Coleman Frank (MA) Kleczka Ensign McCollum Traficant Collins (IL) Frost Klink The SPEAKER pro tempore. The Everett McCrery Upton Collins (MI) Furse LaFalce pending business is the question of sus- Ewing McDade Vucanovich Condit Gejdenson Lantos Fawell McHugh Walker Conyers Gephardt Levin pending the rules and passing the bill, Fields (TX) McInnis Walsh Costello Geren Lewis (GA) H.R. 2621. Flanagan McIntosh Wamp H 12248 CONGRESSIONAL RECORD — HOUSE November 14, 1995 Watts (OK) Whitfield Young (FL) ICC TERMINATION ACT OF 1995 The SPEAKER pro tempore. The gen- Weldon (FL) Wicker Zeliff tleman from Tennessee [Mr. QUILLEN] Weldon (PA) Wolf Zimmer Mr. QUILLEN. Mr. Speaker, by direc- Weller Wynn tion of the Committee on Rules, I call is recognized for 1 hour. White Young (AK) up House Resolution 259 and ask for its Mr. QUILLEN. Mr. Speaker, I yield immediate consideration. myself such time as I may consume. NOES—179 The Clerk read the resolution, as fol- (Mr. QUILLEN asked and was given Abercrombie Gonzalez Olver lows: permission to revise and extend his re- Ackerman Gordon Ortiz H. RES. 259 marks.) Andrews Green Orton Baesler Gutierrez Owens Resolved, That at any time after the adop- b 1515 Baldacci Hall (OH) Pallone tion of this resolution the Speaker may, pur- Barcia Hamilton Pastor suant to clause 1(b) of rule XXIII, declare the Mr. QUILLEN. Mr. Speaker, for the Barrett (WI) Harman Payne (NJ) House resolved into the Committee of the purpose of debate only, I yield the cus- Becerra Hastings (FL) Payne (VA) Whole House on the state of the Union for tomary 30 minutes to the distinguished Beilenson Hefner Pelosi consideration of the bill (H.R. 2539) to abol- Bentsen Hilliard Peterson (FL) ranking member of the Rules Commit- ish the Interstate Commerce Commission, to Berman Hinchey Pickett tee, the gentleman from Massachusetts amend subtitle IV of title 49, United States Bevill Hoyer Pomeroy [Mr. MOAKLEY], pending which I yield Code, to reform economic regulation of Bishop Jackson-Lee Poshard myself such time as I may consume. Bonior Jacobs Rahall transportation, and for other purposes. The Borski Jefferson Rangel first reading of the bill shall be dispensed During consideration of this resolu- Boucher Johnson (SD) Reed with. All points of order against consider- tion, all time yielded is for the purpose Brown (CA) Johnson, E.B. Richardson ation of the bill for failure to comply with of debate only. Rivers Brown (FL) Johnston section 302(f) or 308(a) of the Congressional Mr. Speaker, House Resolution 259 is Brown (OH) Kanjorski Roemer Bryant (TX) Kaptur Rose Budget Act of 1974 are waived. General de- an open rule providing for the consider- Cardin Kennedy (MA) Roybal-Allard bate shall be confined to the bill and shall ation of H.R. 2539, the ICC Termination Clay Kennedy (RI) Rush not exceed one hour equally divided and con- Act of 1995. The rule provides 1 hour of Clayton Kennelly Sabo trolled by the chairman and ranking minor- Clyburn Kildee Sanders ity member of the Committee on Transpor- general debate divided equally between Coleman Kleczka Sawyer tation and Infrastructure. After general de- the chairman and ranking minority Collins (IL) Klink Schroeder member of the Committee on Trans- Schumer bate the bill shall be considered for amend- Collins (MI) LaFalce ment under the five-minute rule. It shall be portation and Infrastructure. Conyers Lantos Scott Costello Levin Serrano in order to consider as an original bill for the The rule waives section 302(f)—pro- Coyne Lewis (GA) Shays purpose of amendment under the five-minute hibiting consideration of legislation Danner Lincoln Skaggs rule the amendment in the nature of a sub- Slaughter providing new entitlement authority in de la Garza Lofgren stitute recommended by the Committee on excess of a committee’s allocation— DeFazio Lowey Spratt Transportation and Infrastructure now Stark and section 308(a)—requiring a CBO DeLauro Luther printed in the bill. The committee amend- Dellums Maloney Stenholm cost estimate in the committee report Stokes ment in the nature of a substitute shall be Deutsch Manton on legislation containing new entitle- Dicks Markey Studds considered by title rather than by section. Dingell Martinez Stupak The first section and each title shall be con- ment, spending, or budget authority, or Dixon Mascara Tanner sidered as read. Points of order against the a change in revenues—of the Congres- Dooley Matsui Tejeda committee amendment in the nature of a sional Budget Act of 1974 against con- Doyle McCarthy Thompson substitute for failure to comply with clause Durbin McDermott Thornton sideration of the bill. Thurman 5(a) of rule XXI or section 302(f) of the Con- The bill creates the position of direc- Edwards McHale gressional Budget Act of 1974 are waived. Be- Engel McKinney Torres tor of the transportation adjudication fore consideration of any other amendment, Eshoo McNulty Torricelli panel and prescribes the rate of pay for Evans Meehan Towns if shall be in order without intervention of Farr Meek Velazquez any point of order to consider the amend- this position. This would be considered Fattah Menendez Vento ment caused by the chairman of the Commit- an entitlement and, therefore, requires Fazio Mfume Visclosky tee on Transportation and Infrastructure to these Budget Act waivers. Filner Miller (CA) Volkmer Ward be printed in the portion of the Congres- The rule makes in order the Commit- Flake Minge sional Record designated for the purpose in Foglietta Mink Waters tee on Transportation and Infrastruc- Ford Moakley Watt (NC) clause 6 of rule XXIII. That amendment may ture amendment in the nature of a sub- Frank (MA) Mollohan Waxman be offered only by the chairman of the Com- stitute now printed in the bill as an Frost Moran Williams mittee on Transportation and Infrastructure Furse Murtha Wilson or his designee, shall be considered as read, original bill for the purpose of amend- Gejdenson Nadler Wise shall be debatable for ten minutes equally ment. Section 302(f) of the Congres- Gephardt Neal Woolsey sional Budget Act and clause 5(a) of Wyden divided and controlled by the proponent and Geren Oberstar an opponent, shall not be subject to amend- rule XXI—prohibiting appropriations Gibbons Obey ment, and shall not be subject to a demand in a legislative bill—are waived against NOT VOTING—6 for division of the question in the House or the committee amendment in the na- in the Committee of the Whole. If that ture of a substitute. Fields (LA) Lewis (CA) Waldholtz amendment is adopted, the bill, as amended, Kasich Tucker Yates These waivers are necessary to pro- shall be considered as the original bill for tect provisions which authorize the b the purpose of further amendment. During 1509 further consideration of the bill for amend- Secretary of Transportation to collect registration fees and use them to cover Messrs. CHAPMAN, SKELTON, SISI- ment, the Chairman of the Committee of the Whole may accord priority in recognition on costs of operations relating to the reg- SKY, and CRAMER changed their vote the basis of whether the Member offering an istration system without further ap- from ‘‘nay’’ to ‘‘yea.’’ amendment has caused it to be printed in the propriation. So (two-thirds not having voted in portion of the Congressional Record des- Mr. Speaker, the rule further pro- ignated for the purpose in clause 6 of the rule vides for the consideration of a man- favor thereof) the motion was rejected. XXIII. Amendments so printed shall be con- ager’s amendment printed in the CON- The result of the vote was announced sidered as read. At the conclusion of consid- GRESSIONAL RECORD of November 13, as above recorded. eration of the bill for amendment the Com- mittee shall rise and report the bill to the 1995, which is considered as read, not f House with such amendments as may have subject to amendment or to a division been adopted. Any Member may demand a of the question, and is debatable for 10 PERSONAL EXPLANATION separate vote in the House on any amend- minutes equally divided between the ment adopted in the Committee of the Whole proponent and an opponent of the Mr. FOGLIETTA. Mr. Speaker, due to the bill or to the committee amendment amendment. If adopted, the amend- to a delayed flight to Washington, I in the nature of a substitute. The previous ment is considered as part of the base question shall be considered as ordered on was forced to miss the vote on Senate the bill and amendments thereto to final text for the purpose of further amend- Concurrent Resolution 31, honoring passage without intervening motion except ment. Yitzhak Rabin. Had I been present, I one motion to recommit with or without in- Under the rule, the Chair may accord would have voted ‘‘aye.’’ structions. priority in recognition to members who November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12249 have preprinted their amendments in of the ICC to the Department of Trans- rule will allow all Members to fully the CONGRESSIONAL RECORD. Finally, portation. participate in the amendment process, the rule provides one motion to recom- The House provided no funding for and I urge my colleagues to support mit, with or without instructions. the ICC in the fiscal year 1996 transpor- the rule and the bill. Mr. Speaker, H.R. 2539 provides for tation bill, and this measure will com- the immediate elimination of the plete the formal elimination of the Mr. Speaker, I insert the following Interstate Commerce Commission. The ICC. material into the RECORD on the bill repeals many motor carrier and This bill is just one step in the long amendment process under special rules rail laws and regulations and reforms climb to reduce the size and scope of reported by the Committee on Rules, and transfers the remaining functions the Federal Government. This open 103d Congress versus 104th Congress: THE AMENDMENT PROCESS UNDER SPECIAL RULES REPORTED BY THE RULES COMMITTEE,1 103D CONGRESS V. 104TH CONGRESS [As of November 10, 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 53 68 Modified Closed 3 ...... 49 47 19 24 Closed 4 ...... 9 9 6 8 Total ...... 104 100 78 100 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).

SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS [As of November 10, 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 (2/13/95). H. Res. 83 (2/13/95) ...... MO ...... H.R. 7 ...... National Security Revitalization ...... PQ: 229–100; A: 227–127 (2/15/95). H. Res. 88 (2/16/95) ...... MC ...... H.R. 831 ...... Health Insurance Deductibility ...... PQ: 230–191; A: 229–188 (2/21/95). H. Res. 91 (2/21/95) ...... O ...... H.R. 830 ...... Paperwork Reduction Act ...... A: voice vote (2/22/95). H. Res. 92 (2/21/95) ...... MC ...... H.R. 889 ...... Defense Supplemental ...... A: 282–144 (2/22/95). H. Res. 93 (2/22/95) ...... MO ...... H.R. 450 ...... Regulatory Transition Act ...... A: 252–175 (2/23/95). H. Res. 96 (2/24/95) ...... MO ...... H.R. 1022 ...... Risk Assessment ...... A: 253–165 (2/27/95). H. Res. 100 (2/27/95) ...... O ...... H.R. 926 ...... Regulatory Reform and Relief Act ...... A: voice vote (2/28/95). H. Res. 101 (2/28/95) ...... MO ...... H.R. 925 ...... Private Property Protection Act ...... A: 271–151 (3/2/95). H. Res. 103 (3/3/95) ...... MO ...... H.R. 1058 ...... Securities Litigation Reform ...... H. Res. 104 (3/3/95) ...... MO ...... H.R. 988 ...... Attorney Accountability Act ...... A: voice vote (3/6/95). H. Res. 105 (3/6/95) ...... MO ...... A: 257–155 (3/7/95). H. Res. 108 (3/7/95) ...... Debate ...... H.R. 956 ...... Product Liability Reform ...... A: voice vote (3/8/95). H. Res. 109 (3/8/95) ...... MC ...... PQ: 234–191 A: 247–181 (3/9/95). H. Res. 115 (3/14/95) ...... MO ...... H.R. 1159 ...... Making Emergency Supp. Approps ...... A: 242–190 (3/15/95). H. Res. 116 (3/15/95) ...... MC ...... H.J. Res. 73 ...... Term Limits Const. Amdt ...... A: voice vote (3/28/95). H. Res. 117 (3/16/95) ...... Debate ...... H.R. 4 ...... Personal Responsibility Act of 1995 ...... A: voice vote (3/21/95). H. Res. 119 (3/21/95) ...... MC ...... A: 217–211 (3/22/95). H. Res. 125 (4/3/95) ...... O ...... H.R. 1271 ...... Family Privacy Protection Act ...... A: 423–1 (4/4/95). H. Res. 126 (4/3/95) ...... O ...... H.R. 660 ...... Older Persons Housing Act ...... A: voice vote (4/6/95). H. Res. 128 (4/4/95) ...... MC ...... H.R. 1215 ...... Contract With America Tax Relief Act of 1995 ...... A: 228–204 (4/5/95). H. Res. 130 (4/5/95) ...... MC ...... H.R. 483 ...... Medicare Select Expansion ...... A: 253–172 (4/6/95). H. Res. 136 (5/1/95) ...... O ...... H.R. 655 ...... Hydrogen Future Act of 1995 ...... A: voice vote (5/2/95). H. Res. 139 (5/3/95) ...... O ...... H.R. 1361 ...... Coast Guard Auth. FY 1996 ...... A: voice vote (5/9/95). H. Res. 140 (5/9/95) ...... O ...... H.R. 961 ...... Clean Water Amendments ...... A: 414–4 (5/10/95). H. Res. 144 (5/11/95) ...... O ...... H.R. 535 ...... Fish Hatchery—Arkansas ...... A: voice vote (5/15/95). H. Res. 145 (5/11/95) ...... O ...... H.R. 584 ...... Fish Hatchery—Iowa ...... A: voice vote (5/15/95). H. Res. 146 (5/11/95) ...... O ...... H.R. 614 ...... Fish Hatchery—Minnesota ...... A: voice vote (5/15/95). H. Res. 149 (5/16/95) ...... MC ...... H. Con. Res. 67 ...... Budget Resolution FY 1996 ...... PQ: 252–170 A: 255–168 (5/17/95). H. Res. 155 (5/22/95) ...... MO ...... H.R. 1561 ...... American Overseas Interests Act ...... A: 233–176 (5/23/95). H. Res. 164 (6/8/95) ...... MC ...... H.R. 1530 ...... Nat. Defense Auth. FY 1996 ...... PQ: 225–191 A: 233–183 (6/13/95). H. Res. 167 (6/15/95) ...... O ...... H.R. 1817 ...... MilCon Appropriations FY 1996 ...... PQ: 223–180 A: 245–155 (6/16/95). H. Res. 169 (6/19/95) ...... MC ...... H.R. 1854 ...... Leg. Branch Approps. FY 1996 ...... PQ: 232–196 A: 236–191 (6/20/95). H. Res. 170 (6/20/95) ...... O ...... H.R. 1868 ...... For. Ops. Approps. FY 1996 ...... PQ: 221–178 A: 217–175 (6/22/95). H. Res. 171 (6/22/95) ...... O ...... H.R. 1905 ...... Energy & Water Approps. FY 1996 ...... A: voice vote (7/12/95). H. Res. 173 (6/27/95) ...... C ...... H.J. Res. 79 ...... Flag Constitutional Amendment ...... PQ: 258–170 A: 271–152 (6/28/95). H. Res. 176 (6/28/95) ...... MC ...... H.R. 1944 ...... Emer. Supp. Approps ...... PQ: 236–194 A: 234–192 (6/29/95). H. Res. 185 (7/11/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 ...... PQ: 235–193 D: 192–238 (7/12/95). H. Res. 187 (7/12/95) ...... O ...... H.R. 1977 ...... Interior Approps. FY 1996 #2 ...... PQ: 230–194 A: 229–195 (7/13/95). H. Res. 188 (7/12/95) ...... O ...... H.R. 1976 ...... Agriculture Approps. FY 1996 ...... PQ: 242–185 A: voice vote (7/18/95). H. Res. 190 (7/17/95) ...... O ...... H.R. 2020 ...... Treasury/Postal Approps. FY 1996 ...... PQ: 232–192 A: voice vote (7/18/95). H. Res. 193 (7/19/95) ...... C ...... H.J. Res. 96 ...... Disapproval of MFN to China ...... A: voice vote (7/20/95). H. Res. 194 (7/19/95) ...... O ...... H.R. 2002 ...... Transportation Approps. FY 1996 ...... PQ: 217–202 (7/21/95). H. Res. 197 (7/21/95) ...... O ...... H.R. 70 ...... Exports of Alaskan Crude Oil ...... A: voice vote (7/24/95). H. Res. 198 (7/21/95) ...... O ...... H.R. 2076 ...... Commerce, State Approps. FY 1996 ...... A: voice vote (7/25/95). H. Res. 201 (7/25/95) ...... O ...... H.R. 2099 ...... VA/HUD Approps. FY 1996 ...... A: 230–189 (7/25/95). H. Res. 204 (7/28/95) ...... MC ...... S. 21 ...... Terminating U.S. Arms Embargo on Bosnia ...... A: voice vote (8/1/95). H. Res. 205 (7/28/95) ...... O ...... H.R. 2126 ...... Defense Approps. FY 1996 ...... A: 409–1 (7/31/95). H. Res. 207 (8/1/95) ...... MC ...... H.R. 1555 ...... Communications Act of 1995 ...... A: 255–156 (8/2/95). H. Res. 208 (8/1/95) ...... O ...... H.R. 2127 ...... Labor, HHS Approps. FY 1996 ...... A: 323–104 (8/2/95). H. Res. 215 (9/7/95) ...... O ...... H.R. 1594 ...... Economically Targeted Investments ...... A: voice vote (9/12/95). H. Res. 216 (9/7/95) ...... MO ...... H.R. 1655 ...... Intelligence Authorization FY 1996 ...... A: voice vote (9/12/95). H. Res. 218 (9/12/95) ...... O ...... H.R. 1162 ...... Deficit Reduction Lockbox ...... A: voice vote (9/13/95). H. Res. 219 (9/12/95) ...... O ...... H.R. 1670 ...... Federal Acquisition Reform Act ...... A: 414–0 (9/13/95). H. Res. 222 (9/18/95) ...... O ...... H.R. 1617 ...... CAREERS Act ...... A: 388–2 (9/19/95). H. Res. 224 (9/19/95) ...... O ...... H.R. 2274 ...... Natl. Highway System ...... PQ: 241–173 A: 375–39–1 (9/20/95). H. Res. 225 (9/19/95) ...... MC ...... H.R. 927 ...... Cuban Liberty & Dem. Solidarity ...... A: 304–118 (9/20/95). H. Res. 226 (9/21/95) ...... O ...... H.R. 743 ...... Team Act ...... A: 344–66–1 (9/27/95). H. Res. 227 (9/21/95) ...... O ...... H.R. 1170 ...... 3-Judge Court ...... A: voice vote (9/28/95). H. Res. 228 (9/21/95) ...... O ...... H.R. 1601 ...... Internatl. Space Station ...... A: voice vote (9/27/95). H. Res. 230 (9/27/95) ...... C ...... H.J. Res. 108 ...... Continuing Resolution FY 1996 ...... A: voice vote (9/28/95). H 12250 CONGRESSIONAL RECORD — HOUSE November 14, 1995 SPECIAL RULES REPORTED BY THE RULES COMMITTEE, 104TH CONGRESS—Continued [As of November 10, 1995]

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

H. Res. 234 (9/29/95) ...... O ...... H.R. 2405 ...... Omnibus Science Auth ...... A: voice vote (10/11/95). H. Res. 237 (10/17/95) ...... MC ...... H.R. 2259 ...... Disapprove Sentencing Guidelines ...... A: voice vote (10/18/95). H. Res. 238 (10/18/95) ...... MC ...... H.R. 2425 ...... Medicare Preservation Act ...... PQ: 231–194 A: 227–192 (10/19/95). H. Res. 239 (10/19/95) ...... C ...... H.R. 2492 ...... Leg. Branch Approps ...... PQ: 235–184 A: voice vote (10/31/95). H. Res. 245 (10/25/95) ...... MC ...... H. Con. Res. 109 ...... Social Security Earnings Reform ...... PQ: 228–191 A: 235–185 (10/26/95). H.R. 2491 ...... Seven-Year Balanced Budget ...... H. Res. 251 (10/31/95) ...... C ...... H.R. 1833 ...... Partial Birth Abortion Ban ...... A: 237–190 (11/1/95). H. Res. 252 (10/31/95) ...... MO ...... H.R. 2546 ...... D.C. Approps...... A: 241–181 (11/1/95). H. Res. 257 (11/7/95) ...... C ...... H.J. Res. 115 ...... Cont. Res. FY 1996 ...... A: 216–210 (11/8/95). H.Res. 258 (11/8/95) ...... MC ...... H.R. 2586 ...... Debt Limit ...... A: 220–200 (11/10/95). H. Res. 259 (11/9/95) ...... O ...... H.R. 2539 ...... ICC Termination Act ...... Codes: O-open rule; MO-modified open rule; MC-modified closed rule; C-closed rule; A-adoption vote; D-defeated; PQ-previous question vote. Source: Notices of Action Taken, Committee on Rules, 104th Congress.

Mr. QUILLEN. Mr. Speaker, I reserve Mr. Speaker, I thank my colleague, If the worker protection amendment the balance of my time. my dear friend from Tennessee [Mr. passes the House this afternoon, I may GENERAL LEAVE QUILLEN], for yielding me the cus- just vote for the bill, and all because Mr. QUILLEN. Mr. Speaker, I ask tomary half hour. we have been given an open rule, one unanimous consent that all Members Mr. Speaker, I am glad to see this that we have been fighting for since may have 5 legislative days within open rule come to the floor today. This this Congress started. So, despite the which to revise and extend their re- bill has some serious antiworker provi- Government shutdown, Capitol Hill has marks on House Resolution 259. sions that have to be fixed, and this not completely gone to the dogs. Not The SPEAKER pro tempore (Mr. open rule makes that a very real possi- yet. UPTON). Is there objection to the re- bility. Without an open rule, Mr. So I urge my colleagues to support quest of the gentleman from Ten- Speaker, we would be unable to make this open rule. nessee? sure that employees of class 2 and class Mr. Speaker, I include for the There was no objection. 3 railroads are given the same worker RECORD the floor procedure in the 104th Mr. MOAKLEY. Mr. Speaker, I yield protection as employees of class 1 rail- Congress, compiled by the Democrats myself such time as I may consume. roads. on the Committee on Rules: FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS

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

H.R. 1* ...... Compliance ...... H. Res. 6 Closed ...... None. H. Res. 6 ...... Opening Day Rules Package ...... H. Res. 5 Closed; contained a closed rule on H.R. 1 within the closed rule ...... None. H.R. 5* ...... Unfunded Mandates ...... H. Res. 38 Restrictive; Motion adopted over Democratic objection in the Committee of the Whole to N/A. limit debate on section 4; Pre-printing gets preference. H.J. Res. 2* ...... Balanced Budget ...... H. Res. 44 Restrictive; only certain substitutes ...... 2R; 4D. H. Res. 43 ...... Committee Hearings Scheduling ...... H. Res. 43 (OJ) Restrictive; considered in House no amendments ...... N/A. H.R. 2* ...... Line Item Veto ...... H. Res. 55 Open; Pre-printing gets preference ...... N/A. H.R. 665* ...... Victim Restitution Act of 1995 ...... H. Res. 61 Open; Pre-printing gets preference ...... N/A. H.R. 666* ...... Exclusionary Rule Reform Act of 1995 ...... H. Res. 60 Open; Pre-printing gets preference ...... N/A. H.R. 667* ...... Violent Criminal Incarceration Act of 1995 ...... H. Res. 63 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 668* ...... The Criminal Alien Deportation Improvement Act ...... H. Res. 69 Open; Pre-printing gets preference; Contains self-executing provision ...... N/A. H.R. 728* ...... Local Government Law Enforcement Block Grants ...... H. Res. 79 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 7* ...... National Security Revitalization Act ...... H. Res. 83 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 729* ...... Death Penalty/Habeas ...... N/A Restrictive; brought up under UC with a 6 hr. time cap on amendments ...... N/A. S. 2 ...... Senate Compliance ...... N/A Closed; Put on Suspension Calendar over Democratic objection ...... None. H.R. 831 ...... To Permanently Extend the Health Insurance Deduction for the Self- H. Res. 88 Restrictive; makes in order only the Gibbons amendment; Waives all points of order; Con- 1D. Employed. tains self-executing provision. H.R. 830* ...... The Paperwork Reduction Act ...... H. Res. 91 Open ...... N/A. H.R. 889 ...... Emergency Supplemental/Rescinding Certain Budget Authority ...... H. Res. 92 Restrictive; makes in order only the Obey substitute ...... 1D. H.R. 450* ...... Regulatory Moratorium ...... H. Res. 93 Restrictive; 10 hr. Time Cap on amendments; Pre-printing gets preference ...... N/A. H.R. 1022* ...... Risk Assessment ...... H. Res. 96 Restrictive; 10 hr. Time Cap on amendments ...... N/A. H.R. 926* ...... Regulatory Flexibility ...... H. Res. 100 Open ...... N/A. H.R. 925* ...... Private Property Protection Act ...... H. Res. 101 Restrictive; 12 hr. time cap on amendments; Requires Members to pre-print their amend- 1D. ments in the Record prior to the bill’s consideration for amendment, waives germaneness and budget act points of order as well as points of order concerning appropriating on a legislative bill against the committee substitute used as base text. H.R. 1058* ...... Securities Litigation Reform Act ...... H. Res. 105 Restrictive; 8 hr. time cap on amendments; Pre-printing gets preference; Makes in order the 1D. Wyden amendment and waives germaneness against it. H.R. 988* ...... The Attorney Accountability Act of 1995 ...... H. Res. 104 Restrictive; 7 hr. time cap on amendments; Pre-printing gets preference ...... N/A. H.R. 956* ...... Product Liability and Legal Reform Act ...... H. Res. 109 Restrictive; makes in order only 15 germane amendments and denies 64 germane amend- 8D; 7R. ments from being considered. H.R. 1158 ...... Making Emergency Supplemental Appropriations and Rescissions ...... H. Res. 115 Restrictive; Combines emergency H.R. 1158 & nonemergency 1159 and strikes the abortion N/A. provision; makes in order only pre-printed amendments that include offsets within the same chapter (deeper cuts in programs already cut); waives points of order against three amendments; waives cl 2 of rule XXI against the bill, cl 2, XXI and cl 7 of rule XVI against the substitute; waives cl 2(e) od rule XXI against the amendments in the Record; 10 hr time cap on amendments. 30 minutes debate on each amendment. H.J. Res. 73* ...... Term Limits ...... H. Res. 116 Restrictive; Makes in order only 4 amendments considered under a ‘‘Queen of the Hill’’ pro- 1D; 3R cedure and denies 21 germane amendments from being considered. H.R. 4* ...... Welfare Reform ...... H. Res. 119 Restrictive; Makes in order only 31 perfecting amendments and two substitutes; Denies 130 5D; 26R. germane amendments from being considered; The substitutes are to be considered under a ‘‘Queen of the Hill’’ procedure; All points of order are waived against the amendments. H.R. 1271* ...... Family Privacy Act ...... H. Res. 125 Open ...... N/A. H.R. 660* ...... Housing for Older Persons Act ...... H. Res. 126 Open ...... N/A. H.R. 1215* ...... The Contract With America Tax Relief Act of 1995 ...... H. Res. 129 Restrictive; Self Executes language that makes tax cuts contingent on the adoption of a 1D. balanced budget plan and strikes section 3006. Makes in order only one substitute. Waives all points of order against the bill, substitute made in order as original text and Gephardt substitute. H.R. 483 ...... Medicare Select Extension ...... H. Res. 130 Restrictive; waives cl 2(1)(6) of rule XI against the bill; makes H.R. 1391 in order as origi- 1D. nal text; makes in order only the Dingell substitute; allows Commerce Committee to file a report on the bill at any time. H.R. 655 ...... Hydrogen Future Act ...... H. Res. 136 Open ...... N/A. H.R. 1361 ...... Coast Guard Authorization ...... H. Res. 139 Open; waives sections 302(f) and 308(a) of the Congressional Budget Act against the bill’s N/A. consideration and the committee substitute; waives cl 5(a) of rule XXI against the com- mittee substitute. H.R. 961 ...... Clean Water Act ...... H. Res. 140 Open; pre-printing gets preference; waives sections 302(f) and 602(b) of the Budget Act N/A. against the bill’s consideration; waives cl 7 of rule XVI, cl 5(a) of rule XXI and section 302(f) of the Budget Act against the committee substitute. Makes in order Shuster sub- stitute as first order of business. H.R. 535 ...... Corning National Fish Hatchery Conveyance Act ...... H. Res. 144 Open ...... N/A. H.R. 584 ...... Conveyance of the Fairport National Fish Hatchery to the State of H. Res. 145 Open ...... N/A. Iowa. H.R. 614 ...... Conveyance of the New London National Fish Hatchery Production Fa- H. Res. 146 Open ...... N/A. cility. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12251 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

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

H. Con. Res. 67 ...... Budget Resolution ...... H. Res. 149 Restrictive; Makes in order 4 substitutes under regular order; Gephardt, Neumann/Solomon, 3D; 1R. Payne/Owens, President’s Budget if printed in Record on 5/17/95; waives all points of order against substitutes and concurrent resolution; suspends application of Rule XLIX with respect to the resolution; self-executes Agriculture language. H.R. 1561 ...... American Overseas Interests Act of 1995 ...... H. Res. 155 Restrictive; Requires amendments to be printed in the Record prior to their consideration; N/A. 10 hr. time cap; waives cl 2(1)(6) of rule XI against the bill’s consideration; Also waives sections 302(f), 303(a), 308(a) and 402(a) against the bill’s consideration and the com- mittee amendment in order as original text; waives cl 5(a) of rule XXI against the amendment; amendment consideration is closed at 2:30 p.m. on May 25, 1995. Self-exe- cutes provision which removes section 2210 from the bill. This was done at the request of the Budget Committee. H.R. 1530 ...... National Defense Authorization Act FY 1996 ...... H. Res. 164 Restrictive; Makes in order only the amendments printed in the report; waives all points of 36R; 18D; 2 order against the bill, substitute and amendments printed in the report. Gives the Chair- Bipartisan. man en bloc authority. Self-executes a provision which strikes section 807 of the bill; provides for an additional 30 min. of debate on Nunn-Lugar section; Allows Mr. Clinger to offer a modification of his amendment with the concurrence of Ms. Collins. H.R. 1817 ...... Military Construction Appropriations; FY 1996 ...... H. Res. 167 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; 1 hr. general debate; Uses House N/A. passed budget numbers as threshold for spending amounts pending passage of Budget. H.R. 1854 ...... Legislative Branch Appropriations ...... H. Res. 169 Restrictive; Makes in order only 11 amendments; waives sections 302(f) and 308(a) of the 5R; 4D; 2 Budget Act against the bill and cl. 2 and cl. 6 of rule XXI against the bill. All points of Bipartisan. order are waived against the amendments. H.R. 1868 ...... Foreign Operations Appropriations ...... H. Res. 170 Open; waives cl. 2, cl. 5(b), and cl. 6 of rule XXI against the bill; makes in order the Gil- N/A. man amendments as first order of business; waives all points of order against the amendments; if adopted they will be considered as original text; waives cl. 2 of rule XXI against the amendments printed in the report. Pre-printing gets priority (Hall) (Menendez) (Goss) (Smith, NJ). H.R. 1905 ...... Energy & Water Appropriations ...... H. Res. 171 Open; waives cl. 2 and cl. 6 of rule XXI against the bill; makes in order the Shuster N/A. amendment as the first order of business; waives all points of order against the amend- ment; if adopted it will be considered as original text. Pre-printing gets priority. H.J. Res. 79 ...... Constitutional Amendment to Permit Congress and States to Prohibit H. Res. 173 Closed; provides one hour of general debate and one motion to recommit with or without in- N/A. the Physical Desecration of the American Flag. structions; if there are instructions, the MO is debatable for 1 hr. H.R. 1944 ...... Recissions Bill ...... H. Res. 175 Restrictive; Provides for consideration of the bill in the House; Permits the Chairman of the N/A. Appropriations Committee to offer one amendment which is unamendable; waives all points of order against the amendment. H.R. 1868 (2nd rule) ...... Foreign Operations Appropriations ...... H. Res. 177 Restrictive; Provides for further consideration of the bill; makes in order only the four N/A. amendments printed in the rules report (20 min each). Waives all points of order against the amendments; Prohibits intervening motions in the Committee of the Whole; Provides for an automatic rise and report following the disposition of the amendments. H.R. 1977 *Rule Defeated* Interior Appropriations ...... H. Res. 185 Open; waives sections 302(f) and 308(a) of the Budget Act and cl 2 and cl 6 of rule XXI; N/A. provides that the bill be read by title; waives all points of order against the Tauzin amendment; self-executes Budget Committee amendment; waives cl 2(e) of rule XXI against amendments to the bill; Pre-printing gets priority. H.R. 1977 ...... Interior Appropriations ...... H. Res. 187 Open; waives sections 302(f), 306 and 308(a) of the Budget Act; waives clauses 2 and 6 of N/A. rule XXI against provisions in the bill; waives all points of order against the Tauzin amendment; provides that the bill be read by title; self-executes Budget Committee amendment and makes NEA funding subject to House passed authorization; waives cl 2(e) of rule XXI against the amendments to the bill; Pre-printing gets priority. H.R. 1976 ...... Agriculture Appropriations ...... H. Res. 188 Open; waives clauses 2 and 6 of rule XXI against provisions in the bill; provides that the N/A. bill be read by title; Makes Skeen amendment first order of business, if adopted the amendment will be considered as base text (10 min.); Pre-printing gets priority. H.R. 1977 (3rd rule) ...... Interior Appropriations ...... H. Res. 189 Restrictive; provides for the further consideration of the bill; allows only amendments pre- N/A. printed before July 14th to be considered; limits motions to rise. H.R. 2020 ...... Treasury Postal Appropriations ...... H. Res. 190 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; provides the bill be N/A. read by title; Pre-printing gets priority. H.J. Res. 96 ...... Disapproving MFN for China ...... H. Res. 193 Restrictive; provides for consideration in the House of H.R. 2058 (90 min.) And H.J. Res. 96 N/A. (1 hr). Waives certain provisions of the Trade Act. H.R. 2002 ...... Transportation Appropriations ...... H. Res. 194 Open; waives cl. 3 0f rule XIII and section 401 (a) of the CBA against consideration of the N/A. bill; waives cl. 6 and cl. 2 of rule XXI against provisions in the bill; Makes in order the Clinger/Solomon amendment waives all points of order against the amendment (Line Item Veto); provides the bill be read by title; Pre-printing gets priority. *RULE AMENDED* H.R. 70 ...... Exports of Alaskan North Slope Oil ...... H. Res. 197 Open; Makes in order the Resources Committee amendment in the nature of a substitute as N/A. original text; Pre-printing gets priority; Provides a Senate hook-up with S. 395. H.R. 2076 ...... Commerce, Justice Appropriations ...... H. Res. 198 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; Pre-printing gets pri- N/A. ority; provides the bill be read by title. H.R. 2099 ...... VA/HUD Appropriations ...... H. Res. 201 Open; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; Provides that the N/A. amendment in part 1 of the report is the first business, if adopted it will be considered as base text (30 min); waives all points of order against the Klug and Davis amend- ments; Pre-printing gets priority; Provides that the bill be read by title. S. 21 ...... Termination of U.S. Arms Embargo on Bosnia ...... H. Res. 204 Restrictive; 3 hours of general debate; Makes in order an amendment to be offered by the ID. Minority Leader or a designee (1 hr); If motion to recommit has instructions it can only be offered by the Minority Leader or a designee. H.R. 2126 ...... Defense Appropriations ...... H. Res. 205 Open; waives cl. 2(l)(6) of rule XI and section 306 of the Congressional Budget Act against N/A. consideration of the bill; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; self-executes a strike of sections 8021 and 8024 of the bill as requested by the Budget Committee; Pre-printing gets priority; Provides the bill be read by title. H.R. 1555 ...... Communications Act of 1995 ...... H. Res. 207 Restrictive; waives sec. 302(f) of the Budget Act against consideration of the bill; Makes in 2R/3D/3 Bi- order the Commerce Committee amendment as original text and waives sec. 302(f) of partisan. the Budget Act and cl. 5(a) of rule XXI against the amendment; Makes in order the Bliely amendment (30 min) as the first order of business, if adopted it will be original text; makes in order only the amendments printed in the report and waives all points of order against the amendments; provides a Senate hook-up with S. 652. H.R. 2127 ...... Labor/HHS Appropriations Act ...... H. Res. 208 Open; Provides that the first order of business will be the managers amendments (10 min), N/A. if adopted they will be considered as base text; waives cl. 2 and cl. 6 of rule XXI against provisions in the bill; waives all points of order against certain amendments printed in the report; Pre-printing gets priority; Provides the bill be read by title. H.R. 1594 ...... Economically Targeted Investments ...... H. Res. 215 Open; 2 hr of gen. debate. makes in order the committee substitute as original text ...... N/A. H.R. 1655 ...... Intelligence Authorization ...... H. Res. 216 Restrictive; waives sections 302(f), 308(a) and 401(b) of the Budget Act. Makes in order N/A. the committee substitute as modified by Govt. Reform amend (striking sec. 505) and an amendment striking title VII. Cl 7 of rule XVI and cl 5(a) of rule XXI are waived against the substitute. Sections 302(f) and 401(b) of the CBA are also waived against the sub- stitute. Amendments must also be pre-printed in the Congressional record. H.R. 1162 ...... Deficit Reduction Lock Box ...... H. Res. 218 Open; waives cl 7 of rule XVI against the committee substitute made in order as original N/A. text; Pre-printing gets priority. H.R. 1670 ...... Federal Acquisition Reform Act of 1995 ...... H. Res. 219 Open; waives sections 302(f) and 308(a) of the Budget Act against consideration of the N/A. bill; bill will be read by title; waives cl 5(a) of rule XXI and section 302(f) of the Budget Act against the committee substitute. Pre-printing gets priority. H.R. 1617 ...... To Consolidate and Reform Workforce Development and Literacy Pro- H. Res. 222 Open; waives section 302(f) and 401(b) of the Budget Act against the substitute made in N/A. grams Act (CAREERS). order as original text (H.R. 2332), cl. 5(a) of rule XXI is also waived against the sub- stitute. provides for consideration of the managers amendment (10 min.) If adopted, it is considered as base text. H 12252 CONGRESSIONAL RECORD — HOUSE November 14, 1995 FLOOR PROCEDURE IN THE 104TH CONGRESS; COMPILED BY THE RULES COMMITTEE DEMOCRATS—Continued

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

H.R. 2274 ...... National Highway System Designation Act of 1995 ...... H. Res. 224 Open; waives section 302(f) of the Budget Act against consideration of the bill; Makes H.R. N/A. 2349 in order as original text; waives section 302(f) of the Budget Act against the sub- stitute; provides for the consideration of a managers amendment (10 min) If adopted, it is considered as base text; Pre-printing gets priority. H.R. 927 ...... Cuban Liberty and Democratic Solidarity Act of 1995 ...... H. Res. 225 Restrictive; waives cl 2(L)(2)(B) of rule XI against consideration of the bill; makes in order 2R/2D. H.R. 2347 as base text; waives cl 7 of rule XVI against the substitute; Makes Hamilton amendment the first amendment to be considered (1 hr). Makes in order only amend- ments printed in the report. H.R. 743 ...... The Teamwork for Employees and managers Act of 1995 ...... H. Res. 226 Open; waives cl 2(l)(2)(b) of rule XI against consideration of the bill; makes in order the N/A. committee amendment as original text; Pre-printing get priority. H.R. 1170 ...... 3-Judge Court for Certain Injunctions ...... H. Res. 227 Open; makes in order a committee amendment as original text; Pre-printing gets priority .... N/A. H.R. 1601 ...... International Space Station Authorization Act of 1995 ...... H. Res. 228 Open; makes in order a committee amendment as original text; pre-printing gets priority .... N/A. H.J. Res. 108 ...... Making Continuing Appropriations for FY 1996 ...... H. Res. 230 Closed; Provides for the immediate consideration of the CR; one motion to recommit which ...... may have instructions only if offered by the Minority Leader or a designee. H.R. 2405 ...... Omnibus Civilian Science Authorization Act of 1995 ...... H. Res. 234 Open; self-executes a provision striking section 304(b)(3) of the bill (Commerce Committee N/A. request); Pre-printing gets priority. H.R. 2259 ...... To Disapprove Certain Sentencing Guideline Amendments ...... H. Res. 237 Restrictive; waives cl 2(l)(2)(B) of rule XI against the bill’s consideration; makes in order 1D. the text of the Senate bill S. 1254 as original text; Makes in order only a Conyers sub- stitute; provides a senate hook-up after adoption. H.R. 2425 ...... Medicare Preservation Act ...... H. Res. 238 Restrictive; waives all points of order against the bill’s consideration; makes in order the 1D. text of H.R. 2485 as original text; waives all points of order against H.R. 2485; makes in order only an amendment offered by the Minority Leader or a designee; waives all points of order against the amendment; waives cl 5 of rule XXI (3⁄5 requirement on votes raising taxes). H.R. 2492 ...... Legislative Branch Appropriations Bill ...... H. Res. 239 Restrictive; provides for consideration of the bill in the House ...... N/A. H.R. 2491 ...... 7 Year Balanced Budget Reconciliation ...... H. Res. 245 Restrictive; makes in order H.R. 2517 as original text; waives all pints of order against the 1D. H. Con. Res. 109 ...... Social Security Earnings Test Reform ...... bill; Makes in order only H.R. 2530 as an amendment only if offered by the Minority Leader or a designee; waives all points of order against the amendment; waives cl 5 of rule XXI (3⁄5 requirement on votes raising taxes). H.R. 1833 ...... Partial Birth Abortion Ban Act of 1995 ...... H. Res. 251 Closed ...... N/A. H.R. 2546 ...... D.C. Appropriations FY 1996 ...... H. Res. 252 Restrictive; waives all points of order against the bill’s consideration; Makes in order the N/A. Walsh amendment as the first order of business (10 min); if adopted it is considered as base text; waives cl 2 and 6 of rule XXI against the bill; makes in order the Bonilla, Gunderson and Hostettler amendments (30 min); waives all points of order against the amendments; debate on any further amendments is limited to 30 min. each. H.J. Res. 115 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 257 Closed; Provides for the immediate consideration of the CR; one motion to recommit which N/A. may have instructions only if offered by the Minority Leader or a designee. H.R. 2586 ...... Temporary Increase in the Statutory Debt Limit ...... H. Res. 258 Restrictive; Provides for the immediate consideration of the CR; one motion to recommit 5R. which may have instructions only if offered by the Minority Leader or a designee; self- executes 4 amendments in the rule; Solomon, Medicare Coverage of Certain Anti-Cancer Drug Treatments, Habeas Corpus Reform, Chrysler (MI); makes in order the Walker amend (40 min) on regulatory reform. H.R. 2539 ...... ICC Termination ...... H. Res. 259 Open; waives section 302(f) and section 308(a) ...... H.J. Res. 115 ...... Further Continuing Appropriations for FY 1996 ...... H. Res. 261 Closed; provides for the immediate consideration of a motion by the Majority Leader or his N/A. designees to dispose of the Senate amendments (1 hr). H.R. 2586 ...... Temporary Increase in the Statutory Limit on the Public Debt ...... H. Res. 262 Closed; provides for the immediate consideration of a motion by the Majority Leader or his N/A. designees to dispose of the Senate amendments (1 hr). * Contract Bills, 67% restrictive; 33% open. ** All legislation, 55% restrictive; 45% open. *** Restrictive rules are those which limit the number of amendments which can be offered, and include so called modified open and modified closed rules as well as completely closed rules and rules providing for consideration in the House as opposed to the Committee of the Whole. This definition of restrictive rule is taken from the Republican chart of resolutions reported from the Rules Committee in the 103rd Congress. **** Not included in this chart are three bills which should have been placed on the Suspension Calendar. H.R. 101, H.R. 400, H.R. 440.

Mr. MOAKLEY. Mr. Speaker, I re- of that issue at the time that it is of- No matter how people feel about the serve the balance of my time. fered. bill as it is later shaped, I think it is Mr. QUILLEN. Mr. Speaker, I would I would say to my colleagues on the important to acknowledge this is an like to advise the gentleman from Mas- Democratic side that I would hope the open rule, and we ought to be support- sachusetts that I have no requests for rule will pass without a recorded vote, ing it. I urge support of the rule. and that we can get quickly to the time. Ms. PRYCE. Mr. Speaker, I am pleased to business at hand under the ICC legisla- Mr. MOAKLEY. Mr. Speaker, I thank rise in support of this open rule for the consid- tion. So I urge voice vote support of the gentleman from Tennessee. I would eration of H.R. 2539, the ICC Termination Act. like to tell the gentleman from Ten- this very fair and appropriate open Under the terms of this very fair rule, the nessee that I have two requests, and at rule. Mr. MOAKLEY. Mr. Speaker, I yield House will have ample opportunity to debate this time I yield 1 minute to the gen- 1 minute to the gentleman from West the major issues surrounding the closure of tleman from Minnesota [Mr. OBER- Virginia [Mr. WISE]. the Interstate Commerce Commission. First, STAR]. Mr. WISE. Mr. Speaker, I, too, rise in we will consider the managers amendment, Mr. OBERSTAR. Mr. Speaker, I support of the rule. I want to thank the which, if adopted, will become part of the base thank the former chairman for yielding gentleman from Pennsylvania [Mr. text. me time. It is good to see the gen- SHUSTER], committee chairman, and Then, through the open amendment proc- tleman back here. I am so happy to see the gentlewoman from New York [Ms. ess, any Member can be heard on any ger- the gentleman looking so well and so MOLINARI], the subcommittee chair- mane amendment to the bill, as long as it is fit back in this Chamber, where we man, as well as the gentleman from consistent with the standing rules of the need you. Minnesota [Mr. OBERSTAR], the ranking House. As we have done in the past, this rule I take this time simply to say that I member. appreciate the Committee on Rules Much of this bill is a bipartisan bill. also accords priority in recognition to Members granting an open rule as we requested, Many of the provisions affect Members who have preprinted their amendments in the so that we can have full and open de- on both sides of the aisle. They have CONGRESSIONAL RECORD. bate, 1 hour of general debate and then been worked out with a lot of negotia- H.R. 2539 abolishes the ICC while preserv- open debate on any amendments that tion and fairness. The bill does permit ing its most important functions within an inde- may be offered. There will be relatively the areas where there are differences to pendent panel at the Department of Transpor- few amendments. One will be of very have full and open debate. I look for- tation. This Congress has already determined great significance, and we will dispose ward to that. that the Interstate Commerce Commission, November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12253 which was created in 1887 to regulate inter- nation Act of 1995. This is a very im- The most controversial issue in the state commerce, is no longer needed. The portant piece of legislation which will bill relates to labor reforms on small ICC will run out of money in December, and eliminate the oldest regulatory agency railroad transactions. I want to empha- without this needed legislation, the Interstate in the Federal Government, the Inter- size as strongly as I can that it is es- Commerce Act will still be on the books with- state Commerce Commission. This bill sential to preserve rail service as pro- out an agency to administer it. There are sev- in fact is the final chapter in a long vided in this legislation. The class 1 eral functions of the ICC which are essential history behind the termination of the railroads are entering a new round of and must be transferred, including authority ICC. The ICC has gone from about 2,000 consolidation, that is the big railroads, over line sales, mergers, abandonments, max- employees and a $60 million a year and thousands of miles of track, wheth- imum rate regulation, and interchange agree- budget down to 400 employees today er we like it or not, are going to be ments. and about a $30 million a year budget. abandoned. Without these reforms that Failure to pass this legislation would be ex- And with this elimination of the ICC reduce the cost of purchasing these tremely detrimental for the 600 cases pending and the transference of residual func- lines by small operators, that is to say at the ICC. Shippers, carriers, and States will tions to the Department of Transpor- the class 2 operators and the class 3 op- be ill-served if this happens. tation, it means that we will have erators, the smaller railroads, this rail This legislation reduces many of the burden- about 120 employees and a budget of service is going to be lost forever. some regulations on shipping, truck, and rail $7.9 million over in the Department of I would strongly urge opposition to companies. Retained regulatory functions are Transportation to handle the residual any amendment that weakens the re- transferred to a three member independent functions of both rail and motor car- forms in this bill, because if we impose board within the Department of Transportation. rier. labor protection on the small railroads, Terminating the ICC and transferring its re- It is essential that we move very and we have no problem with the labor maining functions to the Department of Trans- quickly with this legislation. In fact, protection on the class 1, the large rail- portation is critical to our efforts to downsize many of us would have liked to have roads, but if we impose labor protec- and streamline the Federal Government. A had more time. However, the transpor- tion on the small railroads in this bill, year ago, we pledged to the American people tation appropriations bill which has the effect is going to be massive aban- that we would reduce the size and cost of cleared both bodies cuts out the fund- donment of rail lines in rural America. Government, and this legislation brings us a ing of all funding for the ICC by De- So it is very important that we pre- step closer to a smaller, more effective Fed- cember 31 of this year. That means serve the provisions in this bill. eral Government. that under Federal Government per- Another area of controversy relates Mr. Speaker, this fair, open rule was re- sonnel regulations, the ICC, if we do to the protection of shippers, primarily ported unanimously by the Rules Committee not have in place this authorizing leg- grain shippers. We have made substan- last week. I urge my colleagues to give it their islation to transfer residual functions, tial compromises in this bill, and we full support, and to pass this important legisla- if we do not have it in place by Decem- are very concerned that the delicate tion without any delay. ber 5, signed into law, then the ICC balance between the various groups Mr. MOAKLEY. Mr. Speaker, I have must RIF, that is eliminate, its entire might be weakened by amendment and no further requests for time, and I work force, and send out those notices could disrupt the balance that we have yield back the balance of my time. by that time. This would create chaos crafted here. Mr. QUILLEN. Mr. Speaker, I yield in the transportation industry. So for all these reasons, we are very back the balance of my time, and I For example, if the ICC were to shut hopeful and we strongly urge support move the previous question on the res- down without this authorizing legisla- for the rail provisions in this bill. olution. tion transferring remaining functions, With regard to the motor carrier pro- The previous question was ordered. it would be impossible for the railroads visions, the bill eliminates numerous The resolution was agreed to. to record liens on purchase of new roll- A motion to reconsider was laid on unnecessary motor carrier functions, ing stock. That is the equivalent of the table. such as tariff filing and substantial The SPEAKER pro tempore. Pursu- telling a car dealer that he can sell new rate regulation, except for household ant to House Resolution 259 and rule cars, but there is nowhere he can go to goods. XXIII, the Chair declares the House in transfer the title to the car. So it is ab- The bill transfers the remaining the Committee of the Whole House on solutely crucial that we move quickly motor carrier functions to the Depart- the State of the Union for the consider- with this legislation. ment of Transportation, where they Now, the rail part of this legislation ation of the bill, H.R. 2539. will be absorbed for the most part repeals and reduces numerous regu- without any additional funding and b 1523 latory requirements. It eliminates the will be within current personnel caps. IN THE COMMITTEE OF THE WHOLE tariff filing with a requirement that The bill represents actually the Accordingly the House resolved itself the railroads must notify shippers of fourth major motor carrier deregula- into the Committee of the Whole House changes in rates. It repeals the sepa- tion bill that Congress has passed in on the State of the Union for the con- rate rate regime for recyclable com- the last few years, including the Nego- sideration of the bill (H.R. 2539) to modities. The bill focuses remaining tiated Rates Act of 1993, the preemp- abolish the Interstate Commerce Com- regulation of rail transportation on the tion of State regulation of trucking, mission, to amend subtitle IV of title minimum necessary backstop of agen- and the Trucking Industry Regulatory 49, United States Code, to reform eco- cy remedies to address problems in- Reform Act of 1994. volving rates, access to facilities, and nomic regulation of transportation, b 1530 and for other purposes, with Mr. KINGS- the restructuring of the industry. TON in the chair. The bill also includes provisions to In conclusion, Mr. Chairman, this is The Clerk read the title of the bill. facilitate the transfer of lines that a good bill; it is a necessary bill; it is The CHAIRMAN. Pursuant to the would otherwise be abandoned, so an- an urgent bill that reduces regulation, rule, the bill is considered as having other carrier can keep them in service, reduces government personnel and cost been read the first time. something of extreme importance to to the taxpayer. It is another step in a Under the rule, the gentleman from rural America. 15-year effort to modernize the rail and Pennsylvania [Mr. SHUSTER] will be The bill also, in order to ensure fair- motor carrier industries. recognized for 30 minutes, and the gen- ness, provides that any proceeding that I might say that we do indeed expect tleman from Minnesota [Mr. OBERSTAR] is begun before this bill is enacted, to have further hearings next year to will be recognized for 30 minutes. could be continued under the law in ef- study further the question of further The Chair recognizes the gentleman fect before enactment. modernization. I urge all Members to from Pennsylvania [Mr. SHUSTER]. Th bill continues the basic structure support this bill. Mr. SHUSTER. Mr. Chairman, I yield of the Staggers Act under which the Mr. Chairman, I reserve the balance myself such time as I may consume. freight railroad industry has seen re- of my time. Mr. Chairman, I rise in strong sup- markable recovery, primarily due to Mr. OBERSTAR. Mr. Chairman, I port of this legislation, the ICC Termi- the benefits of deregulation. yield myself 4 minutes. H 12254 CONGRESSIONAL RECORD — HOUSE November 14, 1995 I want to compliment our full com- Now, there is a lot in this bill that we In fact, the bill retains exactly the mittee chairman, the gentleman from can and do support, and there will be same standard that has been in merger Pennsylvania [Mr. SHUSTER], and the an amendment offered by the gen- statutes for decades: That agency ap- gentlewoman from New York [Ms. tleman from Kentucky [Mr. WHITFIELD] proval of a merger displaces any other MOLINARI], the Chair of the Sub- which I urge all Members on our side to laws ‘‘to the extent necessary to imple- committee on Railroads, and the gen- support, and I hope a good number of ment the merger.’’ tleman from Wisconsin [Mr. PETRI], free-thinking, open-minded, thinking This does not abrogate contracts, but Chair of the Subcommittee on Surface Members on the Republican side will the Whitfield amendment does alter Transportation, and, on our side, the support as well. If that happens and laws. I will go into more detail when gentleman from West Virginia [Mr. RA- that amendment passes, then this is a this is offered, but listen to me very HALL], our ranking member on the Sub- bill we can support on our side and will clearly so everyone can understand committee on Surface Transportation, support. But if it fails, should the what they are doing. The Whitfield the gentleman from West Virginia [Mr. Whitfield amendment not pass, Mr. amendment gives labor the power to WISE], the ranking member on the Sub- Chairman, then it is a bill that we can- halt the implementation of approved committee on Railroads, and the gen- not support and must oppose. mergers involving smaller railroads. tleman from Illinois [Mr. LIPINSKI], Mr. Chairman, I reserve the balance That is an amazing power we are giv- who spent so much of his time as pre- of my time. ing. vious ranking member on the Sub- Mr. SHUSTER. Mr. Chairman, I yield The amendment forbids work committee on Railroads helping to 5 minutes to the distinguished gentle- reassignments and shifts of work from shape this legislation. woman from New York [Ms. MOLINARI], a union work force. This directly con- This is an item long in the coming, chairwoman of the Subcommittee on travenes existing law. an issue whose incubation period has Railroads. Finally, Mr. Chairman, I want to been years, not days or weeks; but the Ms. MOLINARI. Mr. Chairman, I stress the absolute necessity for quick actual shape of the bill itself has come thank the gentleman for yielding me enactment of ICC terminating legisla- very recently, after very long negotia- time. tion. Given the end of ICC funding on tions and discussions. Mr. Chairman, I rise in very strong December 31, as the chairman has said, Mr. Chairman, it is important legis- support of this extremely significant the agency would have to terminate its lation that will ensure continuation of bill. It embodies a broad, bipartisan ef- entire work force on December 5 unless very important, one could even say fort to delete obsolete and unnecessary it has an enacted law delineating ex- critical, safety and economic regula- regulation, to avoid the extra cost im- actly which functions must be trans- tion of trucks and rails when the ICC, posed by having an independent ICC, ferred to the Department of Transpor- by action of the Committee on Appro- and to focus any remaining regulation tation. priations, closes its doors in December. on the essential safety net or backstop Although this bill may not be per- role to which it was properly relegated fect, and there are still concerns, it Like the gentleman from Pennsylva- by the Staggers Act. surely represents a consensus efforts to nia [Mr. SHUSTER], I support this bill, Since 1980, the rail industry has come fashion modern, market-oriented regu- mostly. I want to say to my good back from the verge of bankruptcy and lation for the railroad industry; and I friend from Pennsylvania, we have possible nationalization to sound, pri- believe it strongly deserves the support worked very close, very hard. We spent vate-sector health. This is due mostly of all Members. a lot of time in frank, free, and open to the deregulation of rail rates and Mr. OBERSTAR. Mr. Chairman, I discussions trying to come to a resolu- other economic matters in the Stag- yield 3 minutes to the gentleman from tion. We have reached agreement on gers Act. Once the marketplace was al- West Virginia [Mr. RAHALL], the rank- most issues, but there is one of over- lowed to operate in most rail matters, ing member of the Subcommittee on riding significance, for me and I think the industry prospered, and rail service Surface Transportation. for many on our side, that keeps us was preserved. Mr. RAHALL. Mr. Chairman, I thank from coming to closure on the bill as a Not only are far more service options the distinguished ranking member for whole. available to shippers today, but the yielding me time. Apart from the question of labor pro- rates the shippers pay have actually Mr. Chairman, it is, in a sense, appro- tective provisions, this has been a bi- fallen by 50 percent on average since priate that we consider legislation to partisan bill; and I really appreciate 1980 in constant dollars. Against this complete the process of abolishing the the cooperation we have had on the Re- background, our task was to retain the oldest Federal regulatory agency today publican side, working with our Demo- successful attributes of the Staggers in an atmosphere where the Federal cratic minority Members to craft a bill Act, while further pruning regulations Government is unable to conduct its that responds to important policy con- that have since become obsolete. daily business due to a lack of appro- siderations. A few of these new deletions are the priations. The bill, unfortunately, does take complete elimination of paper tariffs; The Interstate Commerce Commis- away severance pay benefits, which the eliminating all forms of entry, exit, sion, created to combat the railroad law now provides for workers when and fare regulation; streamlining the robber barons, will be no longer with they lose their job because of rail process for approval of mergers and the enactment of the pending bill. The mergers or sale of rail lines. It also abandonments; and establishing clear, process of terminating the ICC, while gives the ICC’s successor the power to defined ground rules for the start-up Republican inspired, began last year terminate severance pay and other job and expansion of small railroads who under a Democratic majority in the protections in collective bargaining can keep otherwise marginal rail lines Congress. agreements which employees and rail in service. It has been a thoughtful process, un- companies have freely negotiated. There are many, many more good il- dertaken through both appropriations Mr. Chairman, my father was a lustrations of how comprehensive our and authorizations over the course of founder of the steelworkers union in review of this 108-year-old law has the last year, culminating on this day the iron ore mining country in north- been. We have consulted in this process with our consideration of H.R. 2539. ern Minnesota. He taught me from my with shippers, with carriers and other This is, as such, not a meat ax ap- very youth that an individual needed concerned citizens. We have also held proach to knocking off a Federal agen- to respect family, faith, and the union extensive hearings. Most of all, we cy as some this year have proposed as contract. Ten years ago, when he died, have continued to refine this legisla- part of their philosophical or economic he was buried with his steelworkers’ tion to reflect continuing comment and jihad to make Government smaller. contract in his hand. No legislative input from interested parties. To be sure, there are essential func- body should ever take that way from Let me just state one misrepresenta- tions at stake here, and this legislation anybody, and I will not support any tion that has gone on. This bill does transfers those ICC functions—both legislation that operates to that objec- not terminate collective bargaining motor carrier and rail—to the Depart- tive, ever. agreements in any way, shape, or form. ment of Transportation with many of November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12255 them being vested with a new Trans- Mr. PETRI. Mr. Chairman, the motor gentleman from Pennsylvania [Mr. portation Adjudication Panel. carrier provisions in the ICC Termi- SHUSTER] and the gentlewoman from In my capacity last year as the chair- nation Act of 1995 continue the eco- New York [Ms. MOLINARI], the sub- man of the Subcommittee on Surface nomic deregulation of this industry committee chair, have done an excel- Transportation, and this year as its which began in 1980 and was followed lent job. I also want to thank the gen- ranking Democrat, I have sought to in- by various other deregulation initia- tleman from Illinois [Mr. LIPINSKI], sure that this legislation causes the tives, including three major bills just former ranking member, for his help least disruption to the trucking indus- last Congress. It is important to note, and assistance and advice in making try, its employees, and the general in reviewing this bill, that substantial this transition as I move to the rank- public. deregulation of the motor carrier in- ing membership. The gentleman has The Trucking Industry Regulatory dustry has already been accomplished. been great to work with. Reform Act of 1994 not only began the This bill before us will abolish the Mr. Chairman, this bill undertakes to process of downsizing the ICC’s respon- ICC and eliminate many of the Com- do a lot that is important. There is sibilities, but further deregulated the mission’s remaining motor carrier clearly a need to address the situation motor carrier industry. functions that are no longer appro- with the Interstate Commerce Com- In that law, as with this bill, how- priate in today’s current competitive mission. It is my understanding the ever, we preserve regulatory regimes motor carrier industry. bill needs to be enacted into law by De- where they are necessary to promote Functions and responsibilities which cember 5, in order to avoid the layoff of the public interest. do remain are transferred to either the all ICC employees on that date. The area of household goods carriers, Department of Transportation—which So, many of the issues that are of for example, will continue under some primarily will oversee registration and concern to all Members, abandonment, regulation. licensing—or the Transportation Adju- captive shipping situations, common In addition, certain motor carrier dication Panel—which primarily will carrier, have been addressed in a bipar- practices, which well serve the indus- be responsible for the limited remain- tisan way. For that, I am grateful to try and its customers, such as com- ing rate regulation and tariff filings, the gentleman from Pennsylvania, the modity classifications and ratemaking final resolution of undercharge claims, full committee chair, and to the gen- for intermodal shipments and joint and approval and oversight of agree- tlewoman from New York, the sub- lines, are maintained as well. committee chair. Mr. Chairman, there is one other ments for antitrust immunity. Much of Mr. Chairman, let us talk for a item, in this bill that should be noted. the regulation that remains has been minute about what is, I think, going to Last year, inadvertently, the Congress streamlined and reformed, such as lim- be a main bone of contention on this preempted the ability of local govern- iting agreements for antitrust immu- bill, and that is the Whitfield amend- ments to regulate the tow truck indus- nity to 3-year periods. While we have provided for continued ment. Some Members would say why try. This was a mistake. The Congress did not intend to do deregulation in this bill, I do believe would there be any labor protection at this, and in fact, has no business in- we could have gone further. In the in- all? I think it is important to under- truding in this intrastate and local terests of working in a bipartisan and stand the delicate balance that exists matter. timely fashion, the bill does contain in the rail industry. The pending legislation would restore many compromises, and so many inter- Mr. Chairman, the rail industry has a the local authority to engage in regu- ested groups are not totally satisfied, situation where collective bargaining lating the prices charged by tow trucks just as I am not. Those groups which agreements can be overridden by the in nonconsensual towing situations. were looking for more significant re- ICC. Well, the quid pro quo for that is These are situations where the owner forms should know that opportunities labor protection. If we are able to over- of the auto is unable to consent to it for further reform do exist in the fu- ride somebody’s collective bargaining being towed, such as in cases of a se- ture. agreement, then at the same time we vere accident. The committee intends to closely need to give them some kind of protec- Finally, while my primary respon- monitor the status of the industry and tion. That is the purpose of labor pro- sibility on this legislation is in the the need to retain those remaining tection. motor carrier area, I want to make functions that are transferred to the Indeed, the Whitfield amendment note that its rail provisions have been Department and to the panel. This bill kind of surprised me, to be honest with modified to maintain the captive ship- should not be considered as the final my colleagues, because I think it is not per protections contained in the Stag- word on these matters. as strong as I would have liked from a gers Rail Act of 1980. It is imperative that we complete our labor protection standpoint. But I These protections are especially nec- work on this bill today since the ICC is think it is a fair and reasonable com- essary for shippers of bulk commod- funded only through the end of this promise, and I know the gentleman ities, such as coal, iron ore and gain, year. from Kentucky has worked very hard who often have no viable transpor- The bill before us will not only ter- on that. tation alternative but a single rail line. minate the ICC, but will also achieve Mr. Chairman, there is another way They are, as such, captive to that significant reforms in the motor car- we can go on this if Members want. If railroad, and could be subject to mo- rier industry, and I ask for the support we do not want labor protection, then nopolistic pricing practices without of the Members of the House for the let us not also have the constraints on the protections afforded them by the bill as it is brought before us. labor either. Permit them to truly op- erate in the marketplace. That means Staggers act, and now, this legislation. b Mr. Chairman, while no fan to abol- 1545 that strikes can be called at any mo- ishing the ICC, under the cir- Mr. OBERSTAR. Mr. Chairman, I ment; that means that the Class 1 rail- cumstances, this legislation represents yield 31⁄2 minutes to the gentleman roads can face a shutdown, as opposed the best course of action to take and I from West Virginia [Mr. WISE], the to the 6 days of shutdown that we have urge it be adopted. ranking member on the Subcommittee seen across the country since 1980 and Mr. SHUSTER. Mr. Chairman, I yield on Railroads. the enactment of the Staggers Deregu- myself such time as I may consume to Mr. WISE. Mr. Chairman, I am not lation Rail Act. There is another way say that I appreciate the distinguished quite sure how I am rising right now. I we can go on this. ranking member of the Subcommittee am rising in support of the process, and If Members really like the free mar- on Surface Transportation expressing definitely in favor of the Whitfield ket, they can have a belly full of it, but his support for this legislation. amendment. We will see at the end of I do not think that is what people want Mr. Chairman, I yield 5 minutes to the day whether I am supporting the and certainly this Congress has tried to the gentleman from Wisconsin [Mr. bill. craft a delicate balance. PETRI], the distinguished chairman of Mr. Chairman, I do think the So, Mr. Chairman, I would urge Mem- the Subcommittee on Surface Trans- Whitfield amendment is that impor- bers to remember that as they consider portation. tant in the bill. I do think that the this. The labor protection provisions H 12256 CONGRESSIONAL RECORD — HOUSE November 14, 1995 have provided labor peace. I think it is left into a minimum safety net for the Vote for the Whitfield amendment, and important to note in the Whitfield consumers, workers, shippers, and car- if it passes, vote for this bill. amendment in several cases we go from riers. Then we transferred these regula- If the amendment fails, I urge every 6 years to 1 year in many of the situa- tions to the Department of Transpor- Member of this body to oppose H.R. tions, and that is a significant conces- tation, where they can be handled with 2539, and stand up for the American sion I feel as well. a minimum number of personnel and working men and women. Mr. Chairman, I would urge support minimum amount of money. Mr. SHUSTER. Mr. Chairman, I yield of that amendment, and hopefully, if By doing this, we keep the bureauc- 3 minutes to the distinguished gen- that passes, I can urge support of the racy and regulatory costs at the lowest tleman from Colorado [Mr. HEFLEY]. bill. possible level. Our bill eliminates the Mr. HEFLEY. Mr. Chairman, I want Mr. SHUSTER. Mr. Chairman, I yield ICC in a responsible and orderly man- to thank the gentleman from Penn- 3 minutes to the distinguished gen- ner. We eliminate the burdensome reg- sylvania for yielding the time, and also tleman from California [Mr. KIM], a ulation and cut Government spending for his tremendous work on this piece member of the committee. by $21 million a year and reduce the of legislation. Also, I would like to ex- Mr. KIM. Mr. Chairman, I rise in bureaucracy. Mr. Chairman, this bill tend my thanks to the gentlewoman strong support of this ICC Termination yields tremendous benefits. from New York [Ms. MOLINARI] for her Act, and urge my colleagues to support Mr. OBERSTAR. Mr. Chairman, I work as well. the bill. yield 3 minutes to the distinguished Mr. Chairman, as you know I have Mr. Chairman, this legislation is a gentleman from Illinois [Mr. LIPINSKI], been introducing legislation, amend- major step on the road to government former ranking member of the Sub- ments to appropriations bills, and so deregulation and downsizing. Many of committee on Railroads, who has con- forth, over the past 7 or 8 years to abol- us were sent to Congress this year with tributed so much to the shaping of the ish our Nation’s oldest regulatory a clear purpose: End the burdensome legislation that we bring to the floor agency, the Interstate Commerce Com- regulations, eliminate wasteful spend- today. mission. When I first started doing ing, and downsize the Federal Govern- Mr. Chairman, I compliment the gen- that, we were almost laughed out of ment. This bill does all of those. tleman on the time that he has spent the Chamber. Then, the next year we The ICC is a perfect example of an and the effort he has made and the got a few more votes. agency that has outlived its usefulness Mr. Chairman, I remember the year original ideas contributed to the splen- and become obsolete. The ICC was cre- that it almost passed in this House did piece of legislation before us. ated back in the 1800’s when railroads Chamber. I sat over there on that front Mr. LIPINSKI. Mr. Chairman, H.R. carried most cargo and passenger traf- row with the gentleman from Michigan 2539 will eliminate the Interstate Com- fic in the country. Entire communities [Mr. DINGELL], who was a very articu- merce Commission, the Nation’s oldest depended on one mode of transpor- late spokesman in favor of keeping the independent Federal agency. I think we tation and many towns were dependent ICC. I said, ‘‘We did not get it this can all agree this is consistent with the upon one railroad company. Back then, year, but we are going to get it. We direction Congress has been moving the railroad had tremendous monopoly ought to sit down in a reasonable way with substantial deregulation of the power and we needed the ICC to regu- and figure out how to phase this agen- railroad and motor carrier industries late and control the monopoly indus- cy out.’’ try. in the past 15 years. Mr. Chairman, that is exactly what But, Mr. Chairman, times have Although many Members, including the gentleman from Pennsylvania [Mr. changed. Today we have cars, trucks, me, have opposed elimination of the SHUSTER] has done. The gentleman has trains, ships, and airplanes to move ICC in years past, we recognize that produced a bill that will reasonably cargo and passengers. Transportation the time has come to take this action. begin to phase this agency out. When is a competitive industry now and we As the ranking member of the Sub- several of my colleagues and I started do not need a huge bureaucracy to reg- committee on Railroads, a position this, like the gentleman from Texas ulate the competition. The ICC has be- which I held for the first 10 months of [Mr. DELAY] and the gentleman from come obsolete and it is time for it to this Congress, I had the opportunity to California [Mr. COX], who is here and go. consider the functions of the ICC in will speak on it today, we thought it Mr. Chairman, when my committee great detail through hearings our sub- was almost a losing battle. Now, the first held hearings on the ICC, many of committee held last winter. On the ma- day has come and I am very proud of us felt that we could simply eliminate jority of issues contained in this legis- that day. ICC overnight. We quickly realized lation, both the Republicans and the Mr. Chairman, I do still have some that is not possible. Before we can Democrats worked together to craft concerns about this legislation. If I eliminate the ICC, we have to do some- legislation we can all support. I want might, I would like to engage the gen- thing about all the mandates, the regu- to commend Chairman SHUSTER and tleman from Pennsylvania in a col- lations of the Interstate Commerce Chairwoman MOLINARI and their staffs loquy just for a moment. Act, mandates and regulations that, by for the bipartisan manner in which we Mr. Chairman, I think my biggest the way, have been piling up since way began the drafting of this measure and concern with the legislation is that it back in the 1800’s. Just eliminating the for their attempts resolve the remain- still leaves in place a lot of regulation ICC will create chaos for the companies ing issues of difference. that could and should probably con- required by the law to follow these However, despite our best coopera- tinue to be scaled down or eliminated. mandates. tive efforts, there is one provision cur- I would like to encourage the gen- Mr. Chairman, let me give just one rently contained in H.R. 2539 which tleman to hold hearings in 1996 con- example of what will happen if we cut prevents me from supporting the legis- cerning further deregulation of the off the ICC without changing these lation in its current form. In its transportation industry. I believe the mandates. The railroads are required present form, H.R. 2539 contains a hos- gentleman indicated earlier that that by law to file liens on their equipment tile provision that destroys the long- is what his plans were. with the ICC. Without a place to file standing rights of certain rail workers. Mr. SHUSTER. Mr. Chairman, if the their liens, they would not be able to I understand that our colleague from gentleman would yield, I want to as- go to the bank and borrow money for Kentucky, Mr. WHITFIELD, will be offer- sure the gentleman that that is exactly equipment. ing an amendment to correct this in- what our plans are and we will be hold- Mr. Chairman, to avoid this hardship, justice. I urge support of that amend- ing hearings next year. our committee went through the Inter- ment. Mr. HEFLEY. Mr. Chairman, re- state Commerce Act and reviewed all Elimination of the Interstate Com- claiming my time, I would further re- the mandates and requirements. Then merce Commission is something we quest that the workload of the adju- our committee wrote a bill that elimi- should all support. Abrogating con- dication panel, and I have some con- nated obsolete and unnecessary provi- tracts between railroads and their em- cerns about the adjudication panel, but sions. Then we consolidated what was ployees is something we should not. that workload be closely monitored. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12257 After several issues are resolved over discretionary State funds would not be in America, and they cut the number of the next year or two, the role of the jeopardized by the rulemaking called ICC employees to 80 percent. But the panel, I think, should naturally de- for in this section of the bill. ICC continues to live on. crease. If that does happen, I would ask Mr. SHUSTER. Mr. Chairman, if the What incidentally has been the effect that the funding levels be reconsidered gentleman would yield, I thank the of all of the deregulation? It has been a and reduced accordingly for 1997 and gentleman for his concern. The bill boon to consumers. Railroad rates, 1998. strikes a compromise between those which rose during the decade prior to Mr. SHUSTER. Mr. Chairman, if the who wanted to eliminate the Single the 1980 cutback, have since decreased gentleman would continue to yield, I State Registration System because it by 25 percent. That has reduced the would say to the gentleman that we was burdensome and alleged to be cost- cost of items ranging from cars and certainly intend to look at it very ly, and the States who wanted to keep trucks to electricity, which after all is closely. the program intact. powered by coal shipped on rail. Mr. HEFLEY. Mr. Chairman, again In conducting his review, the Sec- According to the Department of reclaiming my time, finally I appre- retary will determine whether to re- Transportation, ICC deregulation has ciate the willingness of the gentleman place the existing Single State Reg- saved consumers $20 billion since 1980. from Pennsylvania to include several istration System with a new system, The ICC remains, however, a relic of changes in the manager’s amendments and as well consider the safety and the the 19th century. Even though it is a which were brought up by myself and funding needs of the States. The States shell of its former self, it still is alive the gentleman from Texas [Mr. are also to be fully involved in this and kicking. DELAY]. process, I would say to my friend. Despite the dramatic decline in its The changes regarding the panel’s Mr. CLEMENT. Mr. Chairman, re- authority and its operations, the ICC authority over partial line abandon- claiming my time, I thank the gen- continues to impose unnecessary regu- ments help give rail carriers authority tleman for participating in this col- latory burdens that require Federal ap- to conduct their business as the mar- loquy with me. The gentleman has re- proval, for example, just to operate a ket dictates and not as the Federal solved a lot of problems that might trucking company, or that require Government dictates. Removing the otherwise have existed. common carriage rates, prices, in the language allowing the adjudication Mr. Chairman, I also stand in support rail industry to be filed with Federal panel to conduct investigations at of the Whitfield amendment. It is a authorities even though the Federal their initiative would assure that the good amendment and it ought to be authorities no longer have control over panel does not assume an investigative passed. those very rates. power that Congress does not intend Mr. Chairman, enough is enough. We b 1600 for it to have. are supposed to be running a govern- Mr. Chairman, with these changes Mr. SHUSTER. Mr. Chairman, I yield ment, not an antique collection. By ac- and promises for the future, I am 3 minutes to the distinguished gen- complishing the long overdue termi- happy to stand here and support the tleman from California [Mr. COX]. nation of the ICC, legislation that I bill which will eliminate the ICC. Mr. COX of California. Mr. Chairman, have long sponsored, Republicans in Mr. OBERSTAR. Mr. Chairman, I I thank the chairman for yielding time Congress will finish the job and dem- yield 2 minutes to the distinguished to me. onstrate our firm commitment to gentleman from Tennessee [Mr. CLEM- Mr. Chairman, the closet thing to eliminating Government waste and ENT]. eternal life on earth, Ronald Reagan needless bureaucracy. (Mr. CLEMENT asked and was given once said, is a government agency. If Mr. OBERSTAR. Mr. Chairman, I permission to revise and extend his re- that is true, then the ICC, the Inter- yield 3 minutes to the distinguished marks.) state Commerce Commission, should at gentleman from Minnesota [Mr. Mr. CLEMENT. Mr. Chairman, I rise least be cannonized. It has been around VENTO], a gentleman who has been an to enter into a colloquy with the dis- an awfully long time. indefatigable advocate for working tinguished chairman of the Committee How old is the ICC? It is so old that men and women, especially the orga- on Transportation and Infrastructure. during Grover Cleveland’s second term nized labor movement. Mr. Chairman, as we dismantle the it was then the oldest Government reg- Mr. VENTO. Mr. Chairman, I thank Interstate Commerce Commission and ulatory agency. That is because it was the gentleman for his kind comments transfer its functions to the Depart- formed by Congress in 1886 in Grover and for his work on the committee and ment of Transportation and the States, Cleveland’s first term. It was put to- for the chairman and their work. I believe that it is important that we gether by Congress with a single pur- This is, after all, the way that the declare our intent not to burden the pose, to regulate railroad rates, but measure should be dealt with, on the State with any unfunded mandates. like Government agencies so often do, authorizing basis. While the underlying Moreover, I believe it is important to it expanded its mission and grew so measure reinvents the ICC as the declare our positive intent to preserve that eventually it covered not only Transportation Adjudication Panel State revenues. railroads but also buses, trucks, house- [TAP] and seems necessary finally be- My concern is with a section 13908 of hold movers and on and on. cause of the funding cut off to the ICC. H.R. 2539 entitled ‘‘Registration and In its salad days before bipartisan This is the right way to do it through Other Reforms,’’ which directs the Sec- congressional majorities clipped its the authorizing law. However, the bill, retary of Transportation to replace wing, the ICC was a regulatory terror. H.R. 2539, raises many concerns for our four existing motor carrier information It became the textbook example of country’s working men and women and systems, including the Single State mindless regulation. Liberal consumer working families. Embedded into the Registration System, with a single groups, free market conservatives measure is an unnecessary assault by Federal system. alike opposed it. And as a result of this this new Congress on working men and Mr. Chairman, last year Tennessee consensus, the ICC’s overregulation women. As a result of the Republican collected $4.4 million in Single State was trimmed back by Democrats and leadership’s control of this House, the Registration System fees, which went Republicans, first in 1908, with the pas- working people of our Nation are fac- to pay for 51 percent of their truck and sage of three deregulatory bills: the ing tax increases to pay for an upper- bus safety program. Nationwide, a Staggers Act; the Motor Carrier and class tax break, efforts to repeal Davis- total of $90 million in revenues are col- Household Goods Transportation Act; Bacon, proposals to gut OSHA, and a lected by the States under the Single then in 1982, the Congress passed the refusal to budge on an updated mini- State Registration System. These fees Bus Regulatory Reform Act. And last mum wage. Now, the majority wants to in no way affect our efforts to reduce year Congress eliminated the require- take away the right of employees to Federal spending. ment that 90 percent of trucking rates collectively bargain contracts. Mr. Chairman, I would like to receive be filed with the ICC. Mr. Chairman, I object to the provi- the assurance of the gentleman from Together these bills have effectively sions in H.R. 2539 which would allow Pennsylvania [Mr. SHUSTER] that these deregulated all surface transportation the successor to the ICC to abrogate, H 12258 CONGRESSIONAL RECORD — HOUSE November 14, 1995 through merger, longstanding em- to rail management and labor our sup- played a very important role in the ployee protections which were collec- port for their contractual accords. shaping of this legislation. tively bargained. That is why I support I urge my colleagues to support the Mr. NADLER. Mr. Chairman, I am the Whitfield amendment to be offered Whitfield amendment and put some eq- not a great fan of deregulation. I do later this day. Without such an amend- uity and dignity back in this bill for not believe we should abolish the ICC. ment to this measure, any transaction the workers of America. I am not a great fan of this bill. involving class II and class III rail- Mr. SHUSTER. Mr. Chairman, I yield But I rise today to thank the gen- roads, which includes all railroads with 3 minutes to the distinguished gen- tleman from Pennsylvania [Mr. SHU- up to $250 million of annual revenue, tleman from Texas [Mr. BARTON]. STER], the chairman, and his staff for could disregard important employee (Mr. BARTON of Texas asked and working with me in addressing some rights. This is unfair and unacceptable. was given permission to revise and ex- particular major concerns I had with a Mergers and acquisitions should not tend his remarks.) number of provisions of the bill. use the workers as the grease for the Mr. BARTON of Texas. Mr. Chair- The bill as originally drafted would gears of such combinations. Such busi- man, I rise in opposition to the have terminated the feeder line devel- ness transactions should preserve the Whitfield amendment for the following opment program. Many railroads are sanctity of labor contracts and stand reasons: The Whitfield amendment the only carriers of goods to and from on their business merit, not destroy would create, would mandate a 1-year certain areas of the country. Because railroad labor employee protections. labor protection for workers of class 2 of this monopoly, there must be an ability to protect shippers and resi- Under current law, railroad employ- and 3 railroads. A class 2 railroad has operating revenues between $20 and dents of such areas from decisions by a ees who lose their jobs because of a railroad, perhaps after a merger, by a merger are eligible for up to 6 years of $250 million. The class 3 railroads have operating revenues of less than $20 mil- railroad that enjoys the local monop- severance pay. Under this bill, they oly status to eliminate service to an will get only a 60-day notice of layoff. lion. So class 2 and 3 railroads are very small railroads. We do not need to area. Again, this is unfair and unacceptable. This program has provided for many mandate in Federal law 1-year labor The purpose of this protection is not to years that, if a railroad does not pro- reward someone for not working, but buy-out agreements. The bill before us, H.R. 2539, does cre- vide service on a line it owns, it can be rather to ensure that jobs are pre- compelled to sell that portion of the ate a safe harbor. I want to thank the served—and in fact, that is what hap- line to a railroad that will provide chairman for creating the safe harbor pens. This provision works and workers service in that area. remain employed because of it. Fur- from some of these expensive man- This provision has been utilized suc- thermore, this provision has been dates. It would give representatives of cessfully in many cases, for example, achieved in good faith bargaining by the labor unions and representatives of by railroads such as the Northern & labor and management and the law or the railroads an opportunity to go be- Eastern and the Tennessee Central regulators ought to respect such an fore the Department of Transportation Railroad. These railroads are now prof- agreement. and hear both sides of the argument itable, viable, and support their com- and then determine whether and what Mr. Chairman, recently we have munities’ economy, none of which type of labor protection should be re- learned anew the profound impact a would have been possible without the quired. provisions of current law that are com- merger and acquisition may have upon The bill before us retains existing hundreds of jobs in Minnesota. The monly known as the feeder line devel- law that gives agency approval of a opment program. It is for these reasons Burlington Northern-Santa Fe merger merger and then requires, as I just this year has confused and clouded im- I am pleased that the chairman’s en said, the DOT to hear the case in terms bloc amendments to this bill will pre- portant labor employee contract provi- of labor protection. sions that have been in place for over serve these provisions of the law and We do not need to mandate a 1-year this program. three decades. Hundreds of long-time labor protection in this by accepting Burlington Northern workers do not The second concern I had was that the Whitfield amendment. the common carrier provisions of the know today whether they will keep I do want to commend the gentleman their jobs, or even have the oppor- law were diluted in the original bill to from Kentucky [Mr. WHITFIELD] and the point that it would have under- tunity to move 600–700 miles to a new the supporters of their amendment community to maintain a job. This is mined one of the original purposes of though because they have backed down the ICC. That is to protect shippers and not fair; this is not equitable. These from 5 years to 1 year, and that is at large railroad mergers are not stalled the general public from monopolies and least moving in the right direction. So to enable commerce to flow freely. or impaired by employee protection I would hope that we would oppose the provisions, in fact through attrition Under the existing law a railroad is amendment and keep the bill as is. mandated to provide service to anyone and an ordered reorganization, em- Mr. SHUSTER. Mr. Chairman, will who makes a reasonable request for ployee protections can be maintained. the gentleman yield? that service. Many of these requests Finally, the Rail Labor Act provides Mr. BARTON of Texas. I yield to the are from small communities which do for collective bargaining and affords gentleman from Pennsylvania. not have other viable ways to ship the full opportunity to resolve issues Mr. SHUSTER. Mr. Chairman, I their goods or from small shippers of by a management-labor agreement— thank the gentleman for yielding to whom the same is true. Requests can the law and the regulators should be me. also come from large shippers that rely neutral. Mergers, acquisitions, mod- I want to emphasize that there is on one railroad to carry their goods. ernization of the railroads are not nothing in here which would prohibit In both cases, if a railroad is allowed being held up by labor or employees. the class 2 railroads and labor from en- to deny or minimize services, they are The law should not intrude and man- tering into a negotiations for labor given the power to decide which com- date criteria. Let’s leave the essential protection. They can have 1 year, 5 munities and which businesses will employee protections in place. Let’s years, 10 years. All this does is say that prosper and which will die. In a perfect support the Whitfield amendment the small railroads, the Federal Gov- world, we might let carriers decide who today. ernment will not mandate that they they would service. The reality is that The Whitfield amendment attempts must have labor protection. we only have so many rail lines in this to repair the damage this legislation Mr. BARTON of Texas. Mr. Chair- country and that it is imperative that would inflict on U.S. railworkers. The man, reclaiming my time, I point out we preserve the common carrier provi- amendment would preserve the integ- that the American Short Line Railroad sion so that anyone can get service. rity of collective bargaining, and en- Association strongly opposes the That is why it was imperative that this sure labor protections for employees of Whitfield amendment. provision be amended to more closely small and medium rail carriers in case Mr. OBERSTAR. Mr. Chairman, I resemble the current law. of acquisition or merger. This is fair, yield 4 minutes to the gentleman from As I said earlier, I want to thank this is equitable, and we should signal New York [Mr. NADLER], who has Chairman SHUSTER for working with November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12259 me to see that the feeder line develop- things, but Congress keeps the ICC in panel housed within the Department of ment program is included, which it is, existence that is, more and more bu- Transportation. The bill repeals re- and the common carrier provision is reaucracy, more and more paperwork. quirements that freight rail carriers still a viable part of the new regulatory That is why today when the President file rates with the Federal Govern- body of law that will oversee interstate said the Government was shutdown, ment. It repeals prohibitions against commerce. I think that, with the chair- only the essential workers had to come transporting commodities produced by man’s en bloc amendment, it will. to work, 800,000 nonessential employees the carrier itself or which the carrier At the same time, I need to express headed for home. Maybe that is why, owns. It repeals requirements that rail- my dismay with the process and the we have too much Government, my col- roads get Federal rail regulatory ap- haste with which this bill was brought leagues, we have got too much redtape. proval to issue securities or to assume before us. As a member of the Commit- Let us use some common sense, and financial liabilities with respect to tee on Transportation and Infrastruc- let us pass this legislation. Let us other securities. It does, however, ture, we received a 280-page bill on bring our country into the 21st cen- maintain, this legislation does, some Thursday night and were asked to re- tury. critical functions that both the rail in- view, evaluate, and vote on amend- Mr. OBERSTAR. Mr. Chairman, I dustry and the shippers agree are nec- ments in 4 days, 4 days to determine yield 2 minutes to the distinguished essary: maximum rate standards to how we were going to restructure a gentlewoman from Missouri [Ms. protect captive shippers from unrea- body of law that had taken 100 years to MCCARTHY]. sonably high rates. The common car- develop. It is my understanding that Ms. MCCARTHY. Mr. Chairman, I rier obligation is restated here, the the reason we had to do a bill in such rise today to urge support for the legal duty of a rail carrier to provide haste is that the Committee on Appro- Whitfield amendment and, with adop- transportation on reasonable request, a priations had not provided funding for tion of that amendment, to recommend longstanding provision of American the ICC, and we had to amend the law support for the bill. Inclusion of the law. It protects requirements or pre- accordingly and quickly. Whitfield language will make this a serves requirements that rail carriers I hope that in the future we will take bill worthy of passage. establish rates, classifications, rules, more deliberate speed in amending One of the functions of the ICC is to and practices governing rail transpor- such a major body of law. But again, I evaluate and approve railway mergers. tation, and it preserves the authority wanted to thank the chairman and his The impacts of such mergers can be of the Federal Government to review staff for working out what I believe to wide and far reaching—affecting other and to order changes in those items. be a satisfactory resolution of the two railroads, rail passengers, rail employ- All of these are necessary to maintain problems, the common carrier doctrine ees, farmers, small businesses, and the balance in a rail transportation and of the feeder line development pro- shippers who depend on reliable, afford- field that I feel, and many are fearful, gram. able rail transit. It is in the national would not be maintained simply by Mr. SHUSTER. Mr. Chairman, I yield interest to ensure that mergers which competition alone. This panel that we 2 minutes to the distinguished gen- take place do not have a deleterious ef- create, this arbitration or adjudicatory tleman from Wisconsin [Mr. ROTH]. fect on any of these important func- panel rather, will have authority to ex- Mr. ROTH. Mr. Chairman, I thank tions. empt railroads and rail services from the chairman for yielding time to me. It is essential that the new Depart- regulatory requirements through ad- Wise men have said that the nearest ment of Transportation panel, created ministrative action rather than going thing to eternal life or immortality is under this legislation, be vigilant and through the laborious process of law- to be a Federal agency or a Federal thorough in its examination of rail suits and through the Justice Depart- commission. I guess it is true. Today mergers. Only through full and com- ment’s antitrust suit authority. we are debating the demise of the plete consideration of such a merger We did make progress in the area Interstate Commerce Commission can all of the potential ramifications protecting captive shippers from pos- founded in 1887. That is 108 years ago. be properly examined. It is also impor- sible market abuse. That is a long- In 1887 railroads did have an iron grip tant that other appropriate voices, standing problem in this rail arena, on how products were sent to market, such as that of the Attorney General, one that goes back into the 19th cen- but that has been a long time ago. Con- be a part of the deliberative process. tury and the early part of this century. gressional Members who wish to con- We have an obligation, Mr. Chair- Captive shippers are particularly a con- tinue this commission and who want to man, to ensure that the public has ac- cern in the coal sector where power- save it after 108 years are looking cess to affordable modes of rail trans- plants are so dependent upon coal and backward. I think we have to look for- portation, that small railroads can upon the one means of bringing coal to ward. If we are going to release our compete with the larger ones, and that their plant. We have got protections in economy, allow our economy and our rail employees be treated fairly. I ex- here that are in the interests of all who businesses to grow, then I think we pect the new DOT panel to fully take use electricity produced by coal. Soon must get in step with the 21st century. into account these important issues our chairman will offer a bill man- So I am very much in favor of this leg- when considering railroad mergers. ager’s amendment which will further islation. Mr. SHUSTER. Mr. Chairman, I have clarify the roles of the Secretary and I think the ICC was useful at one no further requests for time, and I re- the Transportation Adjudication time, but it has outlived its usefulness. serve the balance of my time. Panel. For example, I know the largest hauler Mr. OBERSTAR. Mr. Chairman, I On the trucking side, the motor car- of freight in this country is a 21st cen- yield myself such time as I may rier side, the bill eliminates virtually tury company but yet, stated briefly, consume. all remaining tariff filings. It the ICC continues to require financial Mr. Chairman, the labor issue aside, deregulates significant portions of the reports of this motor carrier, despite the bill that we are considering does household goods market. It eliminates the fact that it no longer has a need for strike a good balance between continu- the possibility of future undercharge them. It has moved out of the business ing deregulation of the rail and motor claims, an issue that we have had to of regulating years ago, yet all the pa- carrier industries while at the same deal with so intensively last year and perwork required has cost the company time preserving very important safety again this year. It eliminates the Fed- hundreds of thousands of dollars. and economic regulatory powers need- eral role in routine commercial dis- ed to protect shippers against abuses putes. It retains a limited number of b 1615 that will not be remedied by competi- key provisions—uniform commercial The ICC claims it needs the reports tion. In the rail arena the legislation rules, and, for small regional carriers so that it can in turn, now listen to eliminates many and modifies other that compete with national carriers, this, so that it can present an annual railroad economic regulatory require- provisions of current law that protect report to Congress. What do we need ments and transfers remaining ICC rail those small carriers and provisions of with an annual report? Who reads it? oversight responsibilities to a newly law that protect shippers in the house- We are so busy doing all of the other created transportation adjudicatory hold goods marketplace. H 12260 CONGRESSIONAL RECORD — HOUSE November 14, 1995 But I do want to come back to the sequence of that line being abandoned. ther and eliminated more. The bill creates an point that disturbs me so greatly, and WE do not want abandonments. We independent Transportation Adjudication that is the failure to preserve the safe- want these small railroads to keep run- Panel. I fear that this ensures that too much ty net that railworkers now have when ning. of what the ICC doesÐand who does itÐmay they lose their jobs due to mergers or In addition I would say, particularly remain the same. line sales. We had labor protective pro- to my colleagues on both sides of the Currently there are three seats for ICC visions in airline deregulation, and my aisle, ‘‘if you’re from rural America, Commissioners and two are vacant. The adju- colleagues know that in the first 5 and if you have these small railroads in dication panel created by this bill would con- years after airline deregulation, 1978 to your district, you had better be very, sist of three members, and ``On the effective 1983, there were 22 new entrants into very concerned about the Federal Gov- date * * * the members of the Interstate Com- the airline business. But within 8 years ernment mandating labor protection merce Commission then serving unexpired those 22 new entrants were swallowed on these small railroads, because the terms shall become members of the panel.'' It up; there are only 5 left, and there is result is going to be the abandonment also allows staff of the current commissioners only 1 left today. But not once were of those railroads because they simply to transfer. the labor protective provisions for air- can’t afford to pay the labor protection Are we just changing the name on the line workers imposed, not once. in many cases.’’ door? I would prefer that this panel did not Just last night, as I was on my way So we continue to support the full exist and remaining essential regulatory issues back to Washington, the Minneapolis- labor protection. We do not touch it as be folded into the Department of Transpor- St. Paul airport, I was stopped by a far as the large railroads are con- tation. Northwest Airline employee, a baggage cerned, but indeed we say with the Also this bill allows rail merger issues to be handler. He had been an Eastern Air- small railroads, ‘‘Let’s be very careful reviewed by the Transportation Adjudication lines employee, and there was anger in that we don’t mandate Federal protec- Panel. I would also prefer that this function be his voice, anger in his eyes, over the tion because we want to keep those performed by the Department of Justice, which deregulation, and he talked about this lines running in the small communities handles mergers for all other industries. The administration has stated that the Presi- bill that we are taking up today, and across America.’’ That seems to be the dent will likely veto this legislation because it he said, ‘‘Don’t let happen to rail work- most contentious issue we have out- ``renam[es] the ICC and mov[es] its most bur- ers what happened to us. We never got lined and emphasized our reasons for densome regulatory elements to a new Fed- any protection. We lost our jobs.’’ This asking support for this bill and opposi- eral entity.'' In my view, there is truth to this. merger swept people away and made tion to the Whitfield amendment. Mr. Chairman, I wish our knife were huge profits for the big corporate own- Mr. OBERSTAR. Mr. Chairman, I sharper, and I hope it will be as we cut ers, and the little guy got crushed, and yield myself the balance of my time. in the future. I urge a ‘‘yes’’ vote on that voice still rings in my mind today, The CHAIRMAN. The gentleman this bill. my heart today, and I do not want to from Minnesota is recognized for 30 Mr. HAYES. Mr. Chairman, during this see that happen, and I urge my col- seconds. budgetary stalemate, at a time when the politi- leagues’ support for the Whitfield Mr. OBERSTAR. Mr. Chairman, let cal rhetoric overshadows the substance and amendment. me just use my 30 seconds to say when importance of our efforts to streamline the Mr. Chairman, I reserve the balance we are talking about these small rail- Federal Government, we have a rare oppor- of my time. roads, let us just remember that the tunity to move forward an issue in which bipar- Mr. SHUSTER. Mr. Chairman, I yield small railroads, the class 2, include tisan support exists. Both the executive branch myself such time as I may consume. Wisconsin Central, which Business and Congress have called for the ICC to be Mr. Chairman, I want to emphasize, Week magazine earlier this year esti- abolished. Accordingly, I am confident that the in fact empathize as well as emphasize, mated was one of the 1,000 most valu- remaining details, although contentious, will be with what my good friend from Min- able corporations in the United States worked out during our debate here today and nesota has just said and the words of with a stock market value of $800 mil- in conference with the Senate. I especially that airline captain, ‘‘Don’t let them lion. That is not small where I come commend Chairman SHUSTER for his willing- do to railroads what was done to the from. ness to work with Members to resolve particu- big airlines.’’ We are not letting that b 1630 lar problems. happened with the class 1 railroads. I, therefore, rise to urge the adoption of H.R. That is the important point to be Mr. SHUSTER. Mr. Chairman, I 2539. This bill will provide for a prudent and made, Mr. Chairman. We are not touch- would say to my friend, the class 2 can orderly transition of the ICC's vital functions to ing labor protection as it pertains to also be a little railroad with only $21 the independent Transportation Adjudication the big railroads. The labor protection million a year in revenue. Board within the Department of Transpor- that is in place stays in place. What we Mr. Chairman, I yield the balance of tation, while getting rid of wasteful and unnec- are doing, however, is with the small my time to the gentleman from Michi- essary tasks. I believe that H.R. 2539 will fur- railroads, the class 2 railroads. We are gan [Mr. SMITH]. ther ensure that such a transition does not saying that we are not going to impose Mr. SMITH of Michigan. Mr. Chair- prejudice current market activities or condi- mandatory government-imposed labor man, I chaired the budget working tions and appropriately accounts for the ex- protection. group that recommended we terminate pectations of the regulated community. Now the class 2 railroads, the man- the Interstate Commerce Commission. No Federal agency epitomizes the outdated, agement and labor, can negotiate any Mr. Chairman, it is time for the Interstate obsolete mentality of Federal bureaucrats kind of labor protection they want to Commerce Commission to go. This bureauc- more than the ICC. The ICC's original jurisdic- negotiate. That is perfectly permissible racy was created in the 1880's to regulate tion has been extended over the years across within this legislation. All we are say- emerging railroad monopolies. It is only fitting the regulatory spectrumÐfrom railroad and ing is we are not going to mandate, the that one of the first agencies that we kill in the other surface transportation matters to the Federal Government is not going to first year of the Republican revolution be the telegraph, cable, and securities industries. The mandate, what the labor protection oldest independent regulatory agency in the subsequent creation of specialized oversight will be, and why not? Because with the Federal Government. agencies, such as the Securities and Ex- small railroads, Mr. Chairman, our But the case for eliminating the ICC is much change Commission, left the ICC with dupli- major concern is to keep them running, greater than just trophy hunting. Much of what cate authority that should have been elimi- and the problem we face is, if a small the ICC does has been made unnecessary nated long ago. The cumulative impact of de- railroad is faced with the opportunity over the past decade and a half of transpor- regulation of the railroad, trucking, and inter- to acquire a line or merge in order to tation deregulation. Much of what remains city bus industries in the 1980's caused the keep that line functioning, to keep to needs to go, too. Tariff filing, probably the ICC to go from as many as 2,000 employees keep that little railroad operating, we most obvious example of why we should kill in the 1970's to the current level of 400 today, do not want to be in the position of the ICC, is a boon for bureaucrats, but a bur- underscoring the need to reduce the ICC's saying, ‘‘You must accept federally den on trucking companies. regulatory role further. mandated labor protection,’’ because For these reasons, I support the ICC Termi- The ICC was created in 1887 in response to the result will be the unintended con- nation Act. But I wish it could have gone far- outcries from farmers, small merchants, and November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12261 shippers to appropriately control the practices State. Such a wholesale abandonment would ficulties in the marketing of grain, for the of unfair rates and inadequate competition. It have been devastating to the farmers and last 15 years, we have achieved a degree of is ironic that these concerns, over 100 years small grain elevators who depended on those stability for our farmers and shippers later, once again are at the heart of our de- through an abandonment limitation—the lines to get their commodities to market. The socalled ‘‘Andrews amendment.’’ bate. Andrews amendment originally allowed BN to In the early 1980’s, Burlington Northern I was pleased to see an agreement included abandon 350 miles in North Dakota. Subse- (BN) railroad filed applications with the ICC in the bill that is intended to guarantee preser- quent legislation allowed BN to pursue aban- to abandon 1,200 miles of rail in North Da- vation of the captive shipper protection author- donment when it was shown that no customer kota—more than 20 percent of the total rail- ity of the ICC. Southwest Louisiana's economy demand existed for a line. road miles in the state. The proposal threat- depends on the efficient movement of bulk Due to our dependence on a single railroad ened the livelihood of farmers and small commodities, such as agricultural and petro- and a lack of access to competing modes of grain elevators across the state. In response, chemical products. Transferring such protec- transportation, many farmers and elevator Senator Mark Andrews (R–ND) offered an amendment stating that Burlington North- tions to the Transportation Adjudication Panel owners do not have any economically feasible is essential to ensure their access to a com- ern railroad could not abandon more than 350 options. The Andrews amendment has played miles of rail in North Dakota (P.L. 97–102, petitive transportation market. I thank my col- a critical role in ensuring that BN took a go Sec. 402). league NICK JOE RAHALL for his tireless work slow approach to abandoning lines in North It should be noted that the Andrews on this issue. Dakota. amendment was modified by the FY 1992 De- Additionally, meeting the demand of agricul- For the RECORD, I am also submitting two partment of Transportation Appropriations tural producers to get commodities to market letters. One from myself to Representative Act to permit BN to exceed the 350 mile stat- utory limit for a abandonments under the at a competitive rate on time during the har- SUSAN MOLINARI, chairwoman for the Sub- exemption provided by section 1152 of title 49 vest season is the major problem facing rail committee on Railroads and the second from grain users, particularly rice farmers in my dis- of the Code of Federal Regulations. As you the North Dakota Public Service Commis- know, this provision allows railroads to by- trict. Substantial progress has been made in sioners stating their support for continuing the developing acceptable safeguards to enforce pass normal abandonment proceedings when Andrews amendment. it is demonstrated that there is no customer contracts and rates suitably. While all my con- Additionally, I am concerned this legislation demand for the line. Therefore, the Andrews cerns were not allayed here today, I believe unfairly tips the balance too far in favor of the amendment is not a prohibition on rail aban- that stronger language akin to the Senate ver- railroads. The pre-emption of State and Fed- donment—it is a reasonable safeguard that sion is needed and will ultimately be ap- recognizes the unique dependence of North eral laws takes away the option shippers have proved. Dakota on rail transportation. to pursue common law remedies. Also the Finally, the en bloc amendment will estab- In sum, as you consider changes to the lish a level playing field that does not upset power to suspend rates or practices while a Interstate Commerce Act, I strongly urge the present balance of the ICC's obligation to charge of unfavorable treatment is reviewed you to preserve the abandonment limitation protect the public interest with the need for ef- has been suspended. provided by P.L. 97–102. I appreciate your CONGRESS OF THE UNITED STATES, careful consideration of this important issue. ficiencies in the marketplace through consoli- Sincerely, dation and mergers. Potential captive shippers October 10, 1995. Hon. SUSAN MOLINARI, EARL POMEROY, in my district fear that the penchant for merg- Chairwoman, Subcommittee on Railroads, Com- Member of Congress. ers could place them at the mercy of rates mittee on Transportation and Infrastruc- that limit their ability to compete. I was glad to ture, Rayburn House Office Building, PUBLIC SERVICE COMMISSION, see that my suggestions were included in the Washington, DC. STATE OF NORTH DAKOTA, bill to better guarantee such competitive rates DEAR CHAIRWOMAN MOLINARI: As you pre- Bismark, ND, October 23, 1995. without adversely impacting railroads seeking pare to introduce legislation to merge the Hon. SUSAN MOLINARI, to improve their own competitive position. Interstate Commerce Commission (ICC) into Chairwoman, Subcommittee on Railroads, I urge my colleagues to approve this meas- the Department of Transportation (DOT), I Committee on Transportation and Intrastruc- ure and look forward to resolving the outstand- am writing to express my strong support for ture, Rayburn House Office Building, Washington, DC ing issues in a thoughtful and amicable fash- preserving a vital protection for North Da- kota farmers and grain shippers against DEAR CHAIRWOMAN MOLINARI: Congressman ion. wholesale railroad abandonment. Pomeroy has already contacted you concern- Mr. POMEROY. Mr. Chairman, I rise in To realize the importance of this provision ing the vital importance of the ‘‘Andrews strong opposition to H.R. 2539, the Interstate to North Dakota, one must first understand Amendment’’ which prohibits wholesale rail Commerce Commission Termination Act. the unparalleled degree to which North Da- abandonment in North Dakota (copy at- North Dakota is a leading producer of many kota agriculture is dependent upon railroad tached). As the agency that is responsible for agricultural commodities such as wheat, transportation. North Dakota is the nation’s representing our state’s transportation in- durum, barley, canola, and sunflowers. A large most prolific producer of agriculture com- terests before Congress and federal agencies, portion of these commodities are shipped to modities—our farmers lead the nation in the we share in his concern and urge congres- processing facilities beyond our borders. The production of wheat, durum, barley and sun- sional action to retain this protection. farmers and grain elevators in my State fit the flowers. And North Dakota is uniquely de- North Dakota is perhaps the Nation’s most pendent upon railroads to transport these agricultural state. We are often the leading classic definition of the captive shipper lacking commodities to market. producer of major commodities such as access to effective alternative means of trans- North Dakota is not only the nation’s larg- wheat (flour), durum (pasta), barley (beer portation. We do not enjoy access to any wa- est agriculture producer, it is also, geo- and animal feed), and sunflower (oil and terways and trucks are not considered a viable graphically, the most remote from process- food). Virtually all of this grain is shipped to alternative to rail transportation. In fact, the ing centers and points of export. Unlike consumption centers and processors that are North Dakota Public Service Commission esti- other large agriculture producing states, located hundreds and even thousands of mates that it would take 650,000 long-haul there is no realistic alternative mode of miles away. trucks to move 1 year's harvest to market. transportation to rail. Barge traffic is un- North Dakota is highly dependent on rail That's more trucks than we have people in my available and trucking bulk shipments over transportation because of its location and its such great distances is not economically via- lack of other transportation alternatives. State. ble. Unlike their counterparts in other grain pro- Because North Dakota's economy depends As a result, on average, the 475 local coun- ducing states, North Dakota grain shippers on moving our commodities to market by rail, try grain elevators in North Dakota rely on are located an average of 450 miles from the it is critical for us to have access to affordable railroads to ship 75 percent of their commod- nearest source of water transportation and and reliable rail service. I have concerns about ities to market. The majority of these ele- trucks just are not a viable alternative. It several provisions of this bill, but one affects vators fit the textbook definition of ‘‘captive would take nearly 650,000 long-haul trucks to my State directly. shipper,’’ where the railroad faces no effec- move one year’s harvest to market. H.R. 2539 deletes a provision in current law tive competition. To illustrate this point, North Dakota’s grain industry had more which has been critical in maintaining rail serv- consider the circumstances of the grain ele- competitive choices 25 years ago. At that ice in North Dakota. Commonly known as the vator in Beach, North Dakota. The elevator time the state was served by five national in Beach is 750 miles from the nearest grain rail carriers; today there are two. These car- ``Andrews amendment,'' this law prohibits the market, 750 miles from the nearest navigable riers can be far more aggressive concerning wholesale abandonment of railroads in North waterway, and 150 miles from the nearest abandonments because, in all likelihood, if Dakota by Burlington Northern [BN]. competing railroad. they abandon a line, farmers and grain com- In the early 1980's, BN planned to abandon Although North Dakota’s overwhelming panies will simply be forced to deliver their over 20 percent of its railroad miles in my reliance on railroads continues to create dif- grain to that same railroad at some more H 12262 CONGRESSIONAL RECORD — HOUSE November 14, 1995 distant point. These local entities would ex- the designated place in the CONGRES- Page 31, line 22, insert ‘‘The district courts perience higher delivery costs and local SIONAL RECORD. Those amendments of the United States shall not have jurisdic- roads would see experience far greater wear. will be considered as read. tion pursuant to this section based on sec- Elevators which have made capital invest- The Clerk will designate section 1. tion 1331 or 1337 of title 28, United States ments to their facilities would be left with Code.’’ after ‘‘parties otherwise agree.’’. significant stranded investments. The text of section 1 is as follows: Page 31, after line 22, insert the following: The ‘‘Andrews Amendment’’ was put in SECTION 1. SHORT TITLE. ‘‘(d)(1) A summary of each contract for the place to force North Dakota’s major rail car- This Act may be cited as the ‘‘ICC Termi- transportation of agricultural commodities rier to take a go-slow approach to abandon- nation Act of 1995’’. entered into under this section shall be filed ments. It has worked to the benefit of both AMENDMENT OFFERED BY MR. SHUSTER with the Panel, containing such the state and the railroad. Less than half of Mr. SHUSTER. Mr. Chairman, I offer nonconfidential information as the Panel the lines proposed for abandonment in 1981 an amendment. prescribes. The Panel shall publish special have been abandoned. Some of the once-tar- The CHAIRMAN. The clerk will des- rules for such contracts in order to ensure geted lines have even been upgraded and now that the essential terms of the contract are serve as major sources of freight revenue for ignate the amendment. available to the general public. the railroad. The text of the amendment is as fol- Page 31, line 23, strike ‘‘(d)’’ and insert in North Dakota will, quite possibly, be faced lows: lieu thereof ‘‘(2)’’. with another major abandonment threat in Amendment offered by Mr. SHUSTER: Page 32, after line 6, insert the following the near future. Recent and pending mega Page 5, line 24, insert ‘‘common carrier’’ new subsection: rail mergers, the advent of even larger rail after ‘‘a person providing’’. ‘‘(f) A rail carrier that enters into a con- cars, and proposed changes to the Interstate Page 7, line 8, insert ‘‘with respect to regu- tract as authorized by this section remains Commerce Act threaten to create a renewed lation of rail transportation’’ after ‘‘provided subject to the common carrier obligation set interest in ‘‘system rationalization.’’ under this part’’. forth in section 10901, with respect to rail North Dakota has not opposed a single Page 9, line 24, insert ‘‘The enactment of transportation not provided under such a abandonment application in the past ten the ICC Termination Act of 1995 shall have contract. years but we do not welcome the prospects of no effect on which employees and employers Page 37, in the table of sections for chapter another round of wholesale abandonments. are covered by the Railway Labor Act, the 107, insert at the end the following new item: The ‘‘Andrews Amendment’’ prevents such a Railroad Retirement Act of 1974, the Rail- ‘‘10707. Railroad development. threat. road Retirement Tax Act, and the Railroad Page 45, line 10, strike ‘‘paragraph (2) or’’. It is important to remember that this pro- Unemployment Insurance Act.’’ after ‘‘local Page 45, lines 13 through 22, strike para- vision does not preclude abandonments. Hun- governmental authority.’’. graph (2). dreds of miles of track have been abandoned Page 12, in the table of sections for sub- Page 45, line 23, strike ‘‘(3)’’ and insert in since its passage and even more unused lines chapter I of chapter 105, strike ‘‘Inflation- lieu thereof ‘‘(2)’’. could be abandoned today if their operator based rate increases’’ and insert in lieu Page 47, line 18, strike ‘‘6 months’’ and in- chose to make the required filings with the thereof ‘‘Rail cost adjustment factor’’. sert in lieu thereof ‘‘4 months’’. ICC. Page 13, line 21, strike ‘‘shall recognize’’ Page 48, line 2, page 49, lines 21 and 25, and The ‘‘Andrews Amendment’’ simply pro- and insert in lieu thereof ‘‘shall give due page 50, line 5, strike ‘‘6-month’’ and insert hibits a railroad from abandoning a line in consideration to— in lieu thereof ‘‘4-month’’. anticipation of future free market occur- ‘‘(A) the amount of traffic which is trans- Page 51, line 20, insert ‘‘The Panel does not rences and forces them to respond to ported at revenues which do not contribute have authority under this chapter over con- changed market conditions rather than pre- to going concern value and the efforts made struction, acquisition, operation, abandon- supposing them. to minimize such traffic; ment, or discontinuance of spur, industrial, We appreciate and urge your favorable sup- ‘‘(B) the amount of traffic which contrib- team, switching, or side tracks.’’ after ‘‘or port. utes only marginally to fixed costs and the side tracks.’’. Sincerely, extent to which, if any, rates on such traffic Page 51, after line 20, insert the following BRUCE HAGEN, can be changed to maximize the revenues new section: Commissioner. from such traffic; and ‘‘§ 10707. Railroad development SUSAN E. WEFALD, ‘‘(C) the carrier’s mix of rail traffic to de- ‘‘(a) In this section, the term ‘financially President. termine whether one commodity is paying responsible person’ means a person who— LEO M. REINBOLD, an unreasonable share of the carrier’s overall ‘‘(1) is capable of paying the constitutional Commissioner. revenues, minimum value of the railroad line proposed The CHAIRMAN. All time for general recognizing’’. to be acquired; and debate has expired. Page 14, lines 2 through 5, strike ‘‘to estab- ‘‘(2) is able to assure that adequate trans- Pursuant to the rule, the Committee lish simplified’’ and all that follows through portation will be provided over such line for amendment in the nature of a sub- ‘‘evidence is impractical’’. a period of not less than 3 years. stitute shall be considered by titles as Page 14, line 11, strike ‘‘including’’ and in- Such term includes a governmental author- an original bill for the purposes of sert in lieu thereof ‘‘to the extent required ity but does not include a Class I or Class II amendment. The first section in each by section 10507,’’. rail carrier. title is considered as read. Page 17, line 11, strike ‘‘11101’’ and insert in ‘‘(b)(1) When the Panel finds that— Before consideration of any other lieu thereof ‘‘10902’’. ‘‘(A)(i) the public convenience and neces- Page 29, line 11, strike ‘‘Class I’’. sity require or permit the sale of a particular amendment it shall be in order to con- Page 29, lines 12 and 13, strike ‘‘Panel’s sider the amendment printed in the railroad line under this section; or Rail Form A’’ and insert in lieu thereof ‘‘(ii) a railroad line is on a system diagram designated place in the CONGRESSIONAL ‘‘Uniform Rail Costing System’’. map as required under section 10703 of this RECORD if offered by the gentleman Page 30, line 7, through page 31, line 3, title, but the rail carrier owning such line from Pennsylvania [Mr. SHUSTER] or amend section 10508 to read as follows: has not filed a notice of intent to abandon his designee. That amendment shall be ‘‘§ 10508. Rail cost adjustment factor such line under section 10703 of this title be- considered as read, may amend por- ‘‘(a) The Panel shall, as often as prac- fore an application to purchase such line, or tions of the bill not yet read for ticable, but in no event less often than quar- any required preliminary filing with respect amendment, is not subject to amend- terly, publish a rail cost adjustment factor to such application, is filed under this sec- ment, and is not subject to a demand which shall be a fraction, the numerator of tion; and ‘‘(B) an application to purchase such line for a division of the question. Debate which is the latest published Index of Rail- road Costs (which index shall be compiled or has been filed by a financially responsible on the amendment is limited to 10 min- verified by the Panel, with appropriate ad- person, utes, equally divided and controlled by justments to reflect the change in composi- the Panel shall require the rail carrier own- the proponent and an opponent of the tion of railroad costs, including the quality ing the railroad line to sell such line to such amendment. and mix of material and labor) and the de- financially responsible person at a price not If that amendment is adopted, the nominator of which is the same index for the less than the constitutional minimum value. bill as then perfected will be considered fourth quarter of every fifth year, beginning ‘‘(2) For purposes of this subsection, the as an original bill for the purpose of with the fourth quarter of 1992. constitutional minimum value of a particu- further amendment. ‘‘(b) The rail cost adjustment factor pub- lar railroad line shall be presumed to be not During consideration of the bill for lished by the Panel under subsection (a) of less than the net liquidation value of such this section shall take into account changes line or the going concern value of such line, amendment, the Chairman of the Com- in railroad productivity. The Panel shall also whichever is greater. mittee of the Whole may accord prior- publish a similar index that does not take ‘‘(c)(1) For purposes of this section, the ity in recognition to a Member who has into account changes in railroad productiv- Panel may determine that the public conven- caused an amendment to be printed in ity. ience and necessity require or permit the November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12263 sale of a railroad line if the Panel deter- tion) of any improvements made, as adjusted Page 136, lines 14 and 15, strike ‘‘described mines, after a hearing on the record, that— to reflect inflation. in section 13102(9)(A), or’’ and insert a ‘‘(A) the rail carrier operating such line re- ‘‘(i) Any person operating a railroad line comma. fuses within a reasonable time to make the acquired under this section may determine Page 136, line 17, after the comma insert necessary efforts to provide adequate service preconditions, such as payment of a subsidy, ‘‘or’’. to shippers who transport traffic over such which must be met by shippers in order to Page 136, after line 17, insert the following: line; obtain service over such lines, but such oper- ‘‘(C) rates, rules, and classifications made ‘‘(B) the transportation over such line is ator must notify the shippers on the line of collectively by motor carriers under agree- inadequate for the majority of shippers who its intention to impose such preconditions. ment pursuant to section 13703, transport traffic over such line; Page 52, line 9, insert ‘‘Commitments Page 138, lines 9 and 10, strike ‘‘described ‘‘(C) the sale of such line will not have a which deprive a carrier of its ability to re- in section 13102(9)(A)’’. significantly adverse financial effect on the spond to reasonable requests for common Page 140, line 13, strike ‘‘kept open’’ and rail carrier operating such line; carrier service are not reasonable.’’ after insert ‘‘make the tariffs as changed avail- ‘‘(D) the sale of such line will not have an ‘‘requests for service.’’. able’’. adverse effect on the overall operational per- Page 53, line 3, insert ‘‘20 days have expired Page 141, line 11, strike ‘‘in’’ and insert formance of the rail carrier operating such after’’ after ‘‘service terms unless’’. ‘‘of’’. line; and Page 53, lines 11 and 12, strike ‘‘, including Page 141, lines 12 and 13, strike ‘‘house- ‘‘(E) the sale of such line will be likely to appropriate periods of notice.’’ and insert in holds described in section 13102(9)(B)’’ and in- result in improved railroad transportation lieu thereof ‘‘. Final regulations shall be sert ‘‘household goods’’. Page 142, line 7, strike ‘‘described in sec- for shippers that transport traffic over such adopted by the Panel not later than 180 days tion 13102(9)(A)’’. line. after the date of the enactment of the ICC Page 143, strike lines 5 through 8 and insert ‘‘(2) In a proceeding under this subsection, Termination Act of 1995.’’. the following: the burden of proving that the public con- Page 66, line 12, insert ‘‘in order to perfect ‘‘(4) INDEPENDENTLY ESTABLISHED RATES.— venience and necessity require or permit the the security interest that is the subject of Any carrier which is a party to an agreement sale of a particular railroad line is on the such instrument’’ after ‘‘filed with the under paragraph (1) is not, and may not be person filing the application to acquire such Panel’’. precluded, from independently establishing line. If the Panel finds under this subsection Page 68, after line 15, insert the following its own rates, classification, and mileages or that the public convenience and necessity re- new subsection: from adopting and using a noncollectively quire or permit the sale of a particular rail- ‘‘(g) The Panel shall collect, maintain, and made classification or mileage guide. road line, the Panel shall concurrently no- keep open for public inspection a railway ‘‘(5) INVESTIGATIONS.— tify the parties of such finding and publish equipment register consistent with the man- ‘‘(A) REASONABLENESS.—The Panel may such finding in the Federal Register. ner and format maintained by the Interstate suspend and investigate the reasonableness ‘‘(d) In the case of any railroad line subject Commerce Commission as of the date of the of any rate, rule, classification, or rate ad- to sale under subsection (a) of this section, enactment of the ICC Termination Act of justment of general application made pursu- the Panel shall, upon the request of the ac- 1995. ant to an agreement under this section. quiring carrier, require the selling carrier to Page 69, line 8, insert ‘‘(except section ‘‘(B) ACTIONS NOT IN THE PUBLIC INTEREST.— provide to the acquiring carrier trackage 11122)’’ after ‘‘under this subchapter’’. The Panel may investigate any action taken rights to allow a reasonable interchange Page 73, line 19, strike ‘‘rights. Any track- pursuant to an agreement approved under with the selling carrier or to move power age rights’’ and insert in lieu thereof ‘‘rights this section. If the Panel finds that the ac- equipment or empty rolling stock between and access to other facilities. Any trackage tion is not in the public interest, the Panel noncontiguous feeder lines operated by the rights and related’’. may take such measures as may be nec- acquiring carrier. The Panel shall require Page 73, line 20, insert ‘‘operating terms essary to protect the public interest with re- the acquiring carrier to provide the selling and’’ after ‘‘shall provide for’’. carrier reasonable compensation for any Page 74, lines 21 and 22, strike ‘‘Secretary gard to the action, including issuing an order such trackage rights. of Transportation’’ and insert in lieu thereof directing the parties to cease and desist or ‘‘(e) The Panel shall require, to the maxi- ‘‘Attorney General’’. modify the action. Page 143, line 9, strike ‘‘(5)’’ and insert mum extent practicable, the use of the em- Page 84, lines 2 and 3, strike ‘‘The Panel ‘‘(6)’’. ployees who would normally have performed may begin an investigation under this part Page 144, line 18, after the period insert the work in connection with a railroad line sub- on its own initiative or on complaint.’’ and following: ject to a sale under this section. insert in lieu thereof ‘‘Except as otherwise ‘‘(f) In the case of a railroad line which car- provided in this part, the Panel may begin Parties to the agreement may continue to ried less than 3,000,000 gross ton miles of an investigation under this part only on undertake activities pursuant to the pre- traffic per mile in the preceding calendar complaint.’’. viously approved agreement while the re- year, whenever a purchasing carrier under Page 85, line 24, insert ‘‘in a United States newal request is pending. this section petitions the Panel for joint District Court’’ after ‘‘civil action’’. Page 145, strike line 11 and insert the fol- rates applicable to traffic moving over Page 105, line 3, strike the first comma and lowing: through routes in which the purchasing car- all that follows through the period on line 5 ‘‘(g) INDUSTRY STANDARD GUIDES.— rier may practicably participate, the Panel and insert a period. ‘‘(1) IN GENERAL.— shall, within 30 days after the date such peti- Page 115, line 6, before ‘‘authority’’ insert ‘‘(A) PUBLIC AVAILABILITY.—Routes, rates, tion is filed and pursuant to section 10505(a) ‘‘appropriate’’. classifications, mileage guides, and rules es- of this title, require the establishment of Page 115, strike lines 7 and 8 and insert a tablished under agreements approved under reasonable joint rates and divisions over period. this section shall be published and made such route. Page 117, line 4, strike ‘‘shall’’. available for public inspection upon request. ‘‘(g)(1) Any person operating a railroad line Page 132, line 4, strike ‘‘has’’ and insert ‘‘(B) PARTICIPATION OF CARRIERS.— acquired under this section may elect to be ‘‘and the Panel have’’. ‘‘(i) IN GENERAL.—A motor carrier of prop- exempt from any of the provisions of this Page 133, after line 17, insert the following: erty whose routes, rates, classifications, part, except that such a person may not be ‘‘(b) LIMITATION.—The Panel may not ex- mileage guides, rules, or packaging are de- exempt from the provisions of chapter 105 of empt a water carrier from the application of, termined or governed by publications estab- this title with respect to transportation or compliance with, sections 13701 and 13702 lished under agreements approved under this under a joint rate. for transportation in noncontiguous domes- section must participate in the determining ‘‘(2) The provisions of paragraph (1) of this tic trade. or governing publication for such provisions subsection shall apply to any line of railroad Page 133, line 18, strike ‘‘(b)’’ and insert to apply. which was abandoned during the 18-month ‘‘(c)’’. ‘‘(ii) POWER OF ATTORNEY.—The motor car- period immediately prior to the effective Page 136, line 2, after ‘‘section 13703’’ insert rier of property shall issue a power of attor- date of the Staggers Rail Act of 1980 and was ‘‘or 14302’’. ney to the publishing agent and, upon its ac- subsequently purchased by a financially re- Page 136, in the matter following line 3— ceptance, the agent shall issue a written cer- sponsible person. (1) redesignate the items relating to sec- tification to the motor carrier affirming its ‘‘(h) If a purchasing carrier under this sec- tions 13707–13712 as items relating to sections participation in the governing publication, tion proposes to sell or abandon all or any 13708–13713, respectively; and the certification shall be made available portion of a purchased railroad line, such (2) insert after the item relating to section for public inspection. purchasing carrier shall offer the right of 13706 the following: ‘‘(2) MILEAGE LIMITATION.—No carrier sub- first refusal with respect to such line or por- ject tion thereof to the carrier which sold such ‘‘ ‘13707. Payment of rates.’’; and Page 145, line 15, strike ‘‘(1)’’ and insert line under this section. Such offer shall be (3) strike the item relating to section 13710, ‘‘(A)’’. made at a price equal to the sum of the price as redesignated by paragraph (1), and insert Page 145, move lines 15 through 21 two ems paid by such purchasing carrier to such sell- the following: to the right. ing carrier for such line or portion thereof ‘‘ ‘13710. Additional billing and collecting Page 145, strike line 16 and all that follows and the fair market value (less deteriora- practices.’’. through ‘‘which’’ on line 17 and insert ‘‘that H 12264 CONGRESSIONAL RECORD — HOUSE November 14, 1995 is developed independently of any other pub- Page 160, line 8, after ‘‘with’’ insert ‘‘this Page 201, line 14, strike ‘‘of this title’’. lication of mileage developed by any other chapter or, with respect to transportation Page 205, after line 11, insert the following: carrier and that’’. provided before the effective date of this sec- ‘‘(g) DEFINITIONS.—In this section, the fol- Page 145, line 19, strike ‘‘(2)’’ and insert tion, in accordance with’’. lowing definitions apply: ‘‘(B)’’. Page 160, line 9, strike ‘‘of this title’’ and ‘‘(1) HOUSEHOLD GOODS.—The term ‘house- Page 149, after line 16, insert the following: insert ‘‘, as in effect on the date the trans- hold goods’ has the meaning such term had ‘‘§ 13707. Payment of rates portation was provided,’’. under section 10102(11) of this title, as in ef- Page 160, line 10, strike ‘‘and’’ and insert ‘‘, fect on the day before the effective date of ‘‘(a) TRANSFER OF POSSESSION UPON PAY- and (2)’’. this section. MENT.—Except as provided in subsection (b), Page 160, line 13, strike ‘‘of this title’’. ‘‘(2) TRANSPORTATION.—The term ‘transpor- a carrier providing transportation or service Page 160, lines 14 and 15, strike ‘‘of this subject to jurisdiction under this part shall tation’ means transportation that would be title’’. subject to the jurisdiction of the Interstate give up possession at the destination of the Page 161, line 11, after ‘‘Commission’’ in- property transported by it only when pay- Commerce Commission under subchapter II sert ‘‘or the Panel, as required,’’. of chapter 105 of this title, as in effect on the ment for the transportation or service is Page 161, line 18, after ‘‘Commission’’ in- made. day before such effective date, if such sub- sert ‘‘or the Panel, as required,’’. chapter were still in effect. ‘‘(b) EXCEPTIONS.— Page 162, line 20, strike ‘‘relating’’ and all ‘‘(1) REGULATIONS.—Under regulations of that follows through the period on line 22 ‘‘§ 14303. Consolidation, merger, and acquisi- the Secretary governing the payment for and insert the following: tion of control of motor carriers of pas- transportation and service and preventing as in effect on the day before such effective sengers discrimination, those carriers may give up date, as such sections relate to a filed tariff ‘‘(a) APPROVAL REQUIRED.—The following possession at destination of property trans- rate and other general tariff requirements. transactions involving motor carriers of pas- ported by them before payment for the Page 163, line 1, strike ‘‘13708’’ and insert sengers subject to jurisdiction under sub- transportation or service. The regulations of ‘‘13709’’. chapter I of chapter 135 may be carried out the Secretary may provide for weekly or Page 163, after line 8, insert the following: only with the approval of the Panel: monthly payment for transportation pro- ‘‘(g) APPLICABILITY TO PENDING CASES.— ‘‘(1) Consolidation or merger of the prop- vided by motor carriers and for periodic pay- This section shall apply to all cases and pro- erties or franchises of at least 2 carriers into ment for transportation provided by water ceedings pending on the effective date of this one operation for the ownership, manage- carriers. section. ment, and operation of the previously sepa- ‘‘(2) EXTENSIONS OF CREDIT TO GOVERN- Page 164, in the item relating to section rately owned properties. MENTAL ENTITIES.—Such a carrier (including 13904 in the matter following line 7, strike ‘‘(2) A purchase, lease, or contract to oper- a motor carrier being used by a household ‘‘motor carriers’’. ate property of another carrier by any num- goods freight forwarder) may extend credit Page 168, line 18, strike ‘‘EXPRESS’’. ber of carriers. for transporting property for the United Page 169, lines 7 and 8, strike ‘‘Except as ‘‘(3) Acquisition of control of a carrier by States Government, a State, a territory or provided in section 14501(a), any’’ and insert any number of carriers. possession of the United States, or a politi- ‘‘Any’’. ‘‘(4) Acquisition of control of at least 2 car- cal subdivision of any of them. Page 169, line 11, strike ‘‘the 30th’’ and all riers by a person that is not a carrier. Redesignate subsequent sections of chapter that follows through ‘‘and’’ on line 14 and in- ‘‘(5) Acquisition of control of a carrier by a 137 on pages 149 through 163, accordingly. sert ‘‘such time as’’. person that is not a carrier but that controls Page 149, line 18, strike ‘‘TIMING’’ and in- Page 169, line 16, strike the period and in- any number of carriers. sert ‘‘DISCLOSURE’’. sert the following: ‘‘(b) STANDARD FOR APPROVAL.—The Panel Page 149, line 23, before the period insert , but in no case later than the 30th day fol- shall approve and authorize a transaction ‘‘and shall also disclose, at such time, wheth- lowing the date on which the motor carrier under this section when it finds the trans- er and to whom any allowance or reduction of passengers first begins providing transpor- action is consistent with the public interest. in charges is made’’. tation entirely in one State under this para- The Panel shall consider at least the follow- Page 150, lines 13 and 14, strike ‘‘BEFORE graph. ing: EFFECTIVE DATE’’ and insert ‘‘AT RATES Page 173, line 15, after ‘‘(3)’’ insert a ‘‘(1) The effect of the proposed transaction OTHER THAN LEGAL TARIFF RATES’’. comma. on the adequacy of transportation to the Page 150, line 21, after the comma insert Page 174, after line 11, insert the following: public. ‘‘or under subchapter I of chapter 135’’. ‘‘(d) MOTOR CARRIER DEFINED.—In this sec- ‘‘(2) The total fixed charges that result Page 151, line 12, after ‘‘Commission’’ in- tion and sections 13905 and 13906, the term from the proposed transaction. sert ‘‘or the Panel, as required,’’. ‘motor carrier’ includes foreign motor car- ‘‘(3) The interest of carrier employees af- Page 151, line 20, after ‘‘Commission’’ in- riers and foreign motor private carriers. fected by the proposed transaction. sert ‘‘or the Panel, as required,’’. Page 174, line 23, strike ‘‘motor carrier’’. The Panel may impose conditions governing Page 152, line 21, before the period insert ‘‘, Page 175, strike line 7 and move the matter the transaction. or chapter 149’’. on lines 8 through 10 after the subsection ‘‘(c) DETERMINATION OF COMPLETENESS OF Page 154, line 7, before ‘‘title’’ insert ‘‘part heading on line 6. or, for transportation provided before the ef- APPLICATION.—Within 30 days after the date Page 175, strike lines 11 through 16. on which an application is filed under this fective date of this section, all rights and Page 176, after line 1, insert the following: remedies that existed under this’’. section, the Panel shall either publish a no- ‘‘(a) PERSON HOLDING ICC AUTHORITY.—Any tice of the application in the Federal Reg- Page 157, strike lines 11 and 12 and insert person having authority to provide transpor- the following: ister or reject the application if it is incom- tation or service as a motor carrier, freight plete. ‘‘§ 13710. Additional billing and collecting forwarder, or broker under this title, as in ‘‘(d) COMMENTS.—Written comments about practices’’ effect on the day before the effective date of an application may be filed with the Panel Page 157, line 20, after ‘‘rate’’ insert ‘‘appli- this section, shall be deemed, for purposes of within 45 days after the date on which notice cable to its shipment or’’. this part, to be registered to provide such of the application is published under sub- Page 157, line 23, strike ‘‘With’’ and all transportation or service under this part. section (c). that follows through ‘‘when’’ on line 25 and Redesignate subsequent subsections on ‘‘(e) DEADLINES.—The Panel shall conclude insert ‘‘When’’. page 176 accordingly. evidentiary proceedings by the 240th day Page 158, line 5, strike ‘‘In those cases’’ and Page 176, line 22, strike ‘‘of the registrant’’. after the date on which notice of the applica- insert the following: Page 186, line 22, after the period insert the tion is published under subsection (c). The ‘‘(3) BILLING DISPUTES.— following: Panel shall issue a final decision by the 180th ‘‘(A) INITIATED BY MOTOR CARRIERS.—In In issuing the regulations, the Secretary day after the conclusion of the evidentiary those cases’’ shall consider whether or not to integrate proceedings. The Panel may extend a time Page 158, strike line 16 and all that follows the requirements of section 13304 into the period under this subsection; except that the through ‘‘if’’ on line 18 and insert the follow- new system and may integrate such require- total of all such extensions with respect to ing: ments into the new system. any application shall not exceed 90 days. ‘‘(B) INITIATED BY SHIPPERS.—If’’. Page 188, line 3, strike ‘‘under section ‘‘(f) EFFECT OF APPROVAL.—A carrier or Page 160, line 1, before ‘‘that’’ insert ‘‘sub- 14504,’’ and insert ‘‘(including filings and fees corporation participating in or resulting ject to jurisdiction under subchapter I of authorized under section 14504),’’. from a transaction approved by the Panel chapter 135 or, before the effective date of Page 196, line 19, before the period insert under this section, or exempted by the Panel this section, to have provided transpor- ‘‘and brokers’’. from the application of this section pursuant tation’’. Page 198, at the end of the matter follow- to section 13541, may carry out the trans- Page 160, line 2, strike ‘‘before’’ and insert ing line 23, insert the following: action, own and operate property, and exer- ‘‘, as in effect on the day before’’. ‘‘14303. Consolidation, merger, and acquisi- cise control or franchises acquired through Page 160, line 7, after ‘‘between’’ insert tion of control of motor car- the transaction without the approval of a ‘‘(1)’’. riers of passengers. State authority. A carrier, corporation, or November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12265 person participating in the approved or ex- rier for such property (A) is limited to a (ii) by striking ‘‘10102(14)’’ and inserting empted transaction is exempt from the anti- value established by written or electronic ‘‘13102(11)’’; and trust laws and from all other law, including declaration of the shipper or by a mutual (iii) by striking ‘‘certificate of public con- State and municipal law, as necessary to let written agreement between the carrier and venience and necessity’’ and inserting ‘‘reg- that person carry out the transaction, hold, shipper, or (B) is contained in a schedule of istration’’; maintain, and operate property, and exercise rules and rates maintained by the carrier (E) by striking paragraph (6); control or franchises acquired through the and provided to the shipper upon request. (F) by redesignating paragraphs (7) and (8) transaction. The schedule shall clearly state its dates of as paragraphs (6) and (7), respectively; ‘‘(g) LIMITATION ON APPLICABILITY.—This applicability. (G) in section 5201(6), as so redesignated, by section shall not apply to transactions in- Page 231, line 11, strike the parenthetical striking ‘‘certificate of public convenience volving carriers whose aggregate gross oper- phrase. and necessity’’ and inserting ‘‘certificate or ating revenues were not more than $2,000,000 Page 237, line 6, strike ‘‘In any case’’ and registration’’; during a period of 12 consecutive months all that follows through the period on line 12 Redesignate subsequent subparagraphs on ending not more than 6 months before the and insert the following: page 278, accordingly. date of the agreement of the parties. The arbitrator may determine which party Page 278, line 10, strike ‘‘(B)’’ and insert Page 205, line 17, strike ‘‘two’’ and insert shall pay the cost or a portion of the cost of ‘‘(H)’’. ‘‘2’’. the arbitration proceeding. Page 278, lines 10 and 11, strike ‘‘para- Page 206, line 12, strike ‘‘two’’ and insert Page 239, line 1, strike ‘‘motor’’. graph,’’ and all that follows through the ‘‘2’’. Page 240, line 18, strike ‘‘those types of’’. semicolon on line 12 and insert the following: Page 208, line 2, strike ‘‘performed’’ and all Page 240, after line 18, insert the following: paragraph— that follows through ‘‘without’’ on line 5 and ‘‘(g) REVIEW BY SECRETARY.—Not later (i) by striking ‘‘Commission’’ and inserting insert ‘‘performed without’’. than 36 months after the effective date of ‘‘Panel’’; and Page 212, line 6, after ‘‘exceeds’’ insert a this section, the Secretary shall complete a (ii) by striking ‘‘motor common carrier’’ comma. review of the dispute settlement program es- each place it appears and inserting ‘‘motor Page 218, line 7, strike ‘‘will be’’ and insert tablished under this section. If, after notice carrier’’; ‘‘is’’. and opportunity for comment, the Secretary Page 278, line 22, strike ‘‘and’’. Page 218, line 12, strike ‘‘will minimize’’ determines that changes are necessary to Page 279, line 2, strike the period and in- and insert ‘‘minimizes’’. such program to ensure the fair and equi- sert ‘‘; and’’. Page 218, line 15, strike ‘‘will result’’ and table resolution of disputes under this sec- Page 279, after line 2, insert the following: insert ‘‘results’’. tion, the Secretary shall implement such (M) in section 5215(a) by striking ‘‘motor Page 221, after line 12, insert the following: changes and transmit a report to Congress common carrier’’ and inserting ‘‘motor car- ‘‘(d) LIMITATION.—The Secretary and the on such changes. rier’’. Panel only have authority under this section Page 241, line 4, after ‘‘with’’ insert ‘‘sec- Page 280, line 10, strike ‘‘Board’’ and insert with respect to matters within their respec- tion 13702 or, with respect to transportation ‘‘Panel’’. tive jurisdictions under this part. provided before the effective date of this sec- Page 282, line 5, strike ‘‘Board’’ and insert Page 222, lines 12 and 13, strike ‘‘, through tion,’’. ‘‘Panel’’. its own attorneys,’’. Page 241, line 4, strike ‘‘of this title’’ and Page 283, line 15, strike ‘‘board’’ and insert Page 222, line 17, strike ‘‘of Transpor- insert a comma. ‘‘Panel’’. tation’’. Page 222, lines 17 and 18, strike ‘‘Inter- Page 241, line 7, strike ‘‘filed’’. Page 291, line 1, before ‘‘part’’ insert ‘‘com- modal Surface Transportation’’ and insert Page 246, line 23, strike ‘‘subsection (a) or mon carriers of passengers under’’. ‘‘the’’. (b) of’’. Page 291, line 3, before ‘‘part’’ insert ‘‘car- Page 223, after line 2, insert the following: Page 248, line 6, strike ‘‘AGENTS AND OTH- riers of passengers under’’. ERS’’ and insert ‘‘OTHERS’’. Page 291, line 9, strike ‘‘11501(g)(2)’’ and in- ‘‘(a) IN GENERAL.— Page 223, line 3, strike ‘‘(a)’’ and insert Page 249, line 4, after ‘‘person’’ insert a sert ‘‘14501(b)(2)’’. ‘‘(1)’’. comma. The CHAIRMAN. Pursuant to the Page 252, line 9, after ‘‘registration’’ insert Page 223, line 3, strike ‘‘ORDER’’ and insert rule, the gentleman from Pennsylvania ‘‘ORDER’’. ‘‘of a foreign motor carrier or foreign motor private carrier’’. [Mr. SHUSTER] will be recognized for 5 Page 223, move lines 3 through 9 two ems minutes, and the gentleman from Min- to the right. Page 257, in the table of sections of sub- Move the sentence beginning on line 4 of chapter II of chapter 7, strike the item relat- nesota [Mr. OBERSTAR] will be recog- page 224 after the period on line 9 of page 223. ing to section 725 and redesignate the subse- nized for 5 minutes. Move paragraph (2) on lines 17 through 21 quent items accordingly. The Chair recognizes the gentleman of page 223 after line 9 on page 223. Page 269, lines 16 through 25, strike section from Pennsylvania [Mr. SHUSTER]. Page 223, strike lines 10 and 11 and insert 725. Mr. SHUSTER. Mr. Chairman, I yield the following: Page 270, lines 1 and 4, redesignate sections myself such time as I may consume. 726 and 727 as sections 725 and 726, respec- ‘‘(b) LIABILITY AND DAMAGES FOR EXCEED- Mr. Chairman, I will say this is a bi- ING TARIFF RATE.— tively. Page 223, move lines 12 through 16 two ems Page 271, line 2, after ‘‘Panel’’ insert ‘‘or partisan amendment which has the to the left. the Secretary’’. support of both sides of the aisle on our Page 223, line 16, strike ‘‘of this title’’. Page 271, line 3, after ‘‘Panel’’ insert ‘‘or committee. I would emphasize that Page 223, line 26, strike ‘‘of this title’’. the Secretary’’. this manager’s amendment is some- Page 224, line 1, strike ‘‘(1) or (2) of this Page 271, line 3, strike ‘‘or times’’ and in- thing we have worked out with the var- section’’. sert ‘‘and to such extent’’. ious Members. Page 226, strike lines 10 through 14 and in- Page 271, line 24, insert ‘‘The Panel shall First of all, Mr. Chairman, the rail- promptly rescind all regulations established sert the following: road provisions provide that in the ‘‘(e) ATTORNEY’S FEES.—The district court by the Interstate Commerce Commission shall award a reasonable attorney’s fee under that are based on provisions of law repealed clarification, that nothing in the bill is this section. The district court shall tax and and not substantively reenacted by this intended to change in any way the cur- collect that fee as part of the costs of the ac- Act.’’ after ‘‘operation of law.’’. rent coverage of the Railway Labor Act tion. Page 277, after line 22, insert the following: and the Railroad Retirement and Un- (1) in section 5005(a)(4) by striking employment Act; Page 226, line 10, strike ‘‘ ‘‘5201(7)’’ and inserting ‘‘5201(6)’’; Second, restoration of certain Stag- Page 227, line 6, strike ‘‘of this title’’. Page 277, line 23, strike ‘‘(1)’’ and insert gers Act captive shipper protections, Page 227, lines 13 and 14, strike ‘‘subsection ‘‘(2)’’. (b)’’ and all that follows through ‘‘section’’ Page 278, line 1, strike ‘‘(2)’’ and insert such as the so-called Long-Cannon on line 15 and insert ‘‘subsections (b) and ‘‘(3)’’. guidelines, requirements for filing of (c)’’. Page 278, after line 5, insert the following: contract summaries and minimum no- Page 227, line 17, strike ‘‘of this section’’. (B) in section 5201(2) by striking ‘‘a motor tification periods for changes in rates; Page 229, line 12, strike ‘‘filed’’. common carrier, or express carrier’’ and in- Third, restoration of the feeder line Page 229, line 12, strike ‘‘of this title.’’ serting ‘‘or a motor carrier’’; development program, which provides Page 230, strike lines 18 through 24 and in- (C) in section 5201(4)— shippers with a procedure by which to sert the following: (i) by striking ‘‘common’’; and preserve rail service that is threatened ‘‘(1) LIMITATION OF LIABILITY.—A carrier (ii) by striking ‘‘permit’’ and inserting may limit liability imposed under subsection ‘‘registration’’; by abandonment; (a) by establishing rates for the transpor- (D) in section 5201(5)— Fourth, restrictions on the investiga- tation of property (other than household (i) by striking ‘‘common’’ each place it ap- tive authority of the transportation goods) under which the liability of the car- pears; adjudicatory panel which will inherit H 12266 CONGRESSIONAL RECORD — HOUSE November 14, 1995 remaining rail regulatory activities, as ments to be reconfigured to make them Mr. OBERSTAR. Mr. Chairman, I well as other technical clarifications. more viable as stand-alone short lines yield the balance of our time to the With regard to the motor carrier pro- and reduce the review period for aban- gentleman from Illinois [Mr. LIPINSKI]. visions, there are several technical and donment from 6 months to 4 months. Mr. LIPINSKI. Mr. Chairman, I clarifying changes to the motor carrier All in all, Mr. Chairman, this is a thank the ranking member for yielding rate provisions. There is a reinstating very inclusive and carefully crafted time to me. of provisions from current law relating piece of legislation that improves the Mr. Chairman, I simply want to say to the payment of rates, bus carrier overall status of this legislation. that this manager’s amendment is a merger authority, and updating several Mr. Chairman, I am happy to yield 2 product of outstanding cooperation and provisions from the Negotiated Rates minutes to the gentleman from West bipartisanship between the gentleman Act of 1994; further, clarifying that car- Virginia [Mr. RAHALL]. from Pennsylvania [Mr. SHUSTER], the riers currently holding ICC operating Mr. RAHALL. Mr. Chairman, I thank gentleman from Minnesota [Mr. OBER- authority are deemed to be registered the distinguished ranking minority STAR], the gentleman from Wisconsin with the Department of Transpor- Member for yielding time to me, and [Mr. PETRI], the gentleman from West tation. certainly associate myself with his Virginia [Mr. RAHALL], and the gentle- Next, there are several changes to comments, as well as the comments of woman from New York [Ms. MOLINARI], the current household goods provi- our distinguished chairman, the gen- and it is in the true spirit of the com- sions, including revisions to pooling tleman from Pennsylvania [Mr. SHU- mittee that all of us have served on for authority and the determination of STER]. a long period of time. It is very nice to Mr. Chairman, this is an issue that which party should pay the cost of the see that in this day and age, with the has been of critical importance to loss and damage arbitration, and estab- hostility that sometimes exists here those in the coal fields who are captive lishing that carriers will be able to es- between the majority and the minor- to one rail line or are captive shippers tablish ‘‘released value’’ liability rates, ity, that we have managed to supersede of coal and other bulk commodities as and that such rates may be set by elec- that on our committee. I have always well, I might add, across the Nation. tronic device, as is permitted under As the gentleman from Minnesota felt our committee has a special bipar- current law. The provision makes no mentioned, this amendment embodies tisan flavor to it, and I compliment all changes in the underlying Carmack the Long-Cannon guidelines as they re- the parties involved for working out amendment. late to captive shippers, and that puts this manager’s amendment. Finally, I note that under the rule, in place the current law that has I particularly salute the chairman the amendment, if adopted, is made worked well for us in the coal fields and the ranking minority member for part of the original text for purposes of since the enactment of the Staggers working this out, because I know they amendment, so Members’ rights to Rail Act in 1980. It does provide for rea- have worked on numerous problems amend this package of amendments is sonable rates charged by railroads on like this over the course of many years fully protected. these captive shippers, and for this I on the Committee on Transportation Mr. Chairman, I urge support of the salute the gentleman from Pennsylva- and Infrastructure. amendment. nia, as well as the gentleman from Mr. OBERSTAR. Mr. Chairman, I Mr. OBERSTAR. Mr. Chairman, I Minnesota [Mr. OBERSTAR], for their yield back the balance of my time, and yield myself 2 minutes. working together with me, and for I urge support of the amendment. Mr. Chairman, the Chairman of the those of us who do represent captive Mr. SHUSTER. Mr. Chairman, I yield committee has correctly described the shippers, whether they be coal, iron back the balance of my time. amendment as a bipartisan amend- ore, grain, or whatever the bulk com- The CHAIRMAN. The question is on ment, one on which we have worked to- modity may be, so I urge adoption of the amendment offered by the gen- gether and have come to an agreement the Shuster en bloc amendments. tleman from Pennsylvania [Mr. SHU- to improve the bill, and he has de- Mr. PETRI. Mr. Chairman, I yield STER]. scribed quite well broad provisions in myself such time as I may consume. The amendment was agreed to. this manager’s amendment. It does in- Mr. Chairman, I support this com- The CHAIRMAN. Are there any other clude the Long-Cannon criteria which mittee amendment. Since the sub- amendments to section 1? are very important to our colleague, committee and full committee mark- If not, the Clerk will designate title the gentleman from West Virginia [Mr. ups 2 weeks ago, we have had the op- I. RAHALL]. portunity to further review the legisla- The text of title I is as follows: It includes a provision that requires tive provisions and consider the further TITLE I—ABOLITION OF INTERSTATE summaries of agricultural contracts to comments of the various groups, in- COMMERCE COMMISSION be filed with the panel. It includes a re- cluding carriers and shippers, as to SEC. 101. ABOLITION. quirement that contract carriers re- ways to improve the bill. Some of the The Interstate Commerce Commission is abol- main subject to the common carrier motor carrier provisions reflect the ished. obligation. It requires a feeder line de- recommendations made by affected SEC. 102. RAIL PROVISIONS. velopment provision that would allow groups, the Department of Transpor- (a) AMENDMENT.—Subtitle IV of title 49, Unit- the panel to order the sale of a railroad tation, and the Interstate Commerce ed States Code, is amended to read as follows: line from a railroad that was not pro- Commission, and relate to bus mergers, ‘‘SUBTITLE IV—INTERSTATE viding satisfactory service to another household goods arbitration disputes, TRANSPORTATION railroad in order to provide better serv- cargo liability and a few other areas. ‘‘PART A—RAIL ice. Both of these are items that our The majority of provisions, however, ‘‘CHAPTER Sec. colleague, the gentleman from New ‘‘101. GENERAL PROVISIONS ...... 10101 are simply technical or conforming in ‘‘103. JURISDICTION ...... 10301 York [Mr. NADLER] is interested in. nature. ‘‘105. RATES ...... 10501 It includes provisions to prohibit I urge adoption of the amendment. ‘‘107. LICENSING ...... 10701 contract commitments that prevent a Mr. OBERSTAR. Mr. Chairman, I ‘‘109. OPERATIONS ...... 10901 carrier from responding to reasonable yield 30 seconds to the gentleman from ‘‘111. FINANCE ...... 11101 requests for service, reasonable and West Virginia [Mr. WISE]. ‘‘113. FEDERAL-STATE RELATIONS 11301 hence vital to the common carrier obli- Mr. WISE. Mr. Chairman, I rise to ‘‘115. ENFORCEMENT: INVESTIGA- gation. I think that issue is reasonably thank the committee chairman for this TIONS, RIGHTS, AND REMEDIES 11501 amendment. It does meet with a lot of ‘‘117. CIVIL AND CRIMINAL PEN- resolved. ALTIES ...... 11701 Mr. Chairman, there are several problems, and I rise to remember that ‘‘PART B—MOTOR CARRIERS, WATER CAR- other amendments, particularly con- a lot of the problems in this bill are RIERS, BROKERS, AND FREIGHT FOR- cerning abandonment, that I think are really not philosophical, they are re- WARDERS very important to this bill. The gen- gional, and the chairman has dealt well ‘‘CHAPTER Sec. tleman from Pennsylvania [Mr. SHU- with this. I also have a concern about ‘‘131. GENERAL PROVISIONS ...... 13101 STER] and I were fully agreed that we captive shipping as well. I appreciate a ‘‘133. ADMINISTRATIVE PROVI- ought to insist on allowing abandon- chance to vote for this amendment. SIONS ...... 13301 November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12267 ‘‘135. JURISDICTION ...... 13501 ‘‘(5) ‘rail carrier’ means a person providing ‘‘(ii) includes a person or entity that contracts ‘‘137. RATES AND THROUGH common carrier railroad transportation for com- with the local governmental authority to pro- ROUTES ...... 13701 pensation, but does not include street, subur- vide transportation services; and ‘‘139. REGISTRATION ...... 13901 ban, or interurban electric railways not oper- ‘‘(B) the term ‘mass transportation’ means ‘‘141. OPERATIONS OF CARRIERS .. 14101 ated as part of the general system of rail trans- transportation services described in section ‘‘143. FINANCE ...... 14301 portation; 5302(a) of this title that are provided by rail. ‘‘145. FEDERAL-STATE RELATIONS 14501 ‘‘(6) ‘railroad’ includes— ‘‘(2) Except as provided in paragraph (3), the ‘‘147. ENFORCEMENT; INVESTIGA- ‘‘(A) a bridge, car float, lighter, ferry, and Panel does not have jurisdiction under this part TIONS; RIGHTS; REMEDIES ...... 14701 intermodal equipment used by or in connection over mass transportation provided by a local ‘‘149. CIVIL AND CRIMINAL PEN- with a railroad; governmental authority. ALTIES ...... 14901 ‘‘(B) the road used by a rail carrier and ‘‘(3)(A) Notwithstanding paragraph (2) of this ‘‘PART A—RAIL owned by it or operated under an agreement; subsection, a local governmental authority, de- ‘‘CHAPTER 101—GENERAL PROVISIONS and scribed in paragraph (2), is subject to applicable ‘‘Sec. ‘‘(C) a switch, spur, track, terminal, terminal laws of the United States related to— ‘‘10101. Rail transportation policy. facility, and a freight depot, yard, and ground, ‘‘(i) safety; ‘‘10102. Definitions. used or necessary for transportation; ‘‘(ii) the representation of employees for col- ‘‘10103. Remedies are exclusive. ‘‘(7) ‘rate’ means a rate, fare, or charge for lective bargaining; and ‘‘§ 10101. Rail transportation policy transportation; ‘‘(iii) employment retirement, annuity, and ‘‘In regulating the railroad industry, it is the ‘‘(8) ‘State’ means a State of the United States unemployment systems or other provisions relat- policy of the United States Government— and the District of Columbia; ed to dealings between employees and employ- ‘‘(1) to allow, to the maximum extent possible, ‘‘(9) ‘transportation’ includes— ers. ‘‘(A) a locomotive, car, vehicle, yard, prop- competition and the demand for services to es- ‘‘(B) The Panel has jurisdiction under sec- erty, facility, instrumentality, or equipment of tablish reasonable rates for transportation by tions 10902 and 10903 of this title over mass any kind related to the movement of passengers rail; transportation provided by a local governmental ‘‘(2) to minimize the need for Federal regu- or property, or both, by rail, regardless of own- authority. The enactment of the ICC Termi- latory control over the rail transportation sys- ership or an agreement concerning use; and nation Act of 1995 shall have no effect on which tem and to require fair and expeditious regu- ‘‘(B) services related to that movement, in- employees and employers are covered by the latory decisions when regulation is required; cluding receipt, delivery, elevation, transfer in Railway Labor Act, the Railroad Retirement Act ‘‘(3) to promote a safe and efficient rail trans- transit, refrigeration, icing, ventilation, storage, of 1974, the Railroad Retirement Tax Act, and portation system by allowing rail carriers to handling, and interchange of passengers and the Railroad Unemployment Insurance Act after earn adequate revenues, as determined by the property; and local governmental authority. Panel; ‘‘(10) ‘United States’ means the States of the United States and the District of Columbia. ‘‘§ 10302. Authority to exempt rail carrier ‘‘(4) to ensure the development and continu- transportation ation of a sound rail transportation system with ‘‘§10103. Remedies are exclusive ‘‘(a) In a matter related to a rail carrier pro- effective competition among rail carriers and ‘‘Except as otherwise provided in this part, viding transportation subject to the jurisdiction with other modes, to meet the needs of the pub- the remedies provided under this part with re- of the Panel under this part, the Panel, to the lic and the national defense; spect to regulation of rail transportation are ex- maximum extent consistent with this part, shall ‘‘(5) to foster sound economic conditions in clusive and preempt the remedies provided under exempt a person, class of persons, or a trans- transportation and to ensure effective competi- Federal or State law. action or service whenever the Panel finds that tion and coordination between rail carriers and ‘‘CHAPTER 103—JURISDICTION other modes; the application of a provision of this part— ‘‘(6) to maintain reasonable rates where there ‘‘Sec. ‘‘(1) is not necessary to carry out the trans- is an absence of effective competition and where ‘‘10301. General jurisdiction. portation policy of section 10101 of this title; ‘‘10302. Authority to exempt rail carrier trans- rail rates provide revenues which exceed the and portation. amount necessary to maintain the rail system ‘‘(2) either— and to attract capital; ‘‘§ 10301. General jurisdiction ‘‘(A) the transaction or service is of limited ‘‘(7) to reduce regulatory barriers to entry into ‘‘(a)(1) Subject to this chapter and other law, scope; or and exit from the industry; the Panel has jurisdiction over transportation ‘‘(B) the application of the provision is not ‘‘(8) to operate transportation facilities and by rail carrier that is— needed to protect shippers from the abuse of equipment without detriment to the public ‘‘(A) only by railroad; or market power. health and safety; ‘‘(B) by railroad and water, when the trans- ‘‘(b) The Panel may, where appropriate, begin ‘‘(9) to encourage honest and efficient man- portation is under common control, manage- a proceeding under this section on its own ini- agement of railroads; ment, or arrangement for a continuous carriage tiative or on application by the Secretary of ‘‘(10) to require rail carriers, to the maximum or shipment. Transportation or an interested party. The extent practicable, to rely on individual rate in- ‘‘(2) Jurisdiction under paragraph (1) applies Panel shall, within 90 days after receipt of any creases, and to limit the use of increases of gen- only to transportation in the United States be- such application, determine whether to begin an eral applicability; tween a place in— appropriate proceeding. If the Panel decides not ‘‘(11) to encourage fair wages and safe and ‘‘(A) a State and a place in the same or an- to begin a proceeding, the reasons for the deci- suitable working conditions in the railroad in- other State; sion shall be published in the Federal Register. dustry; ‘‘(B) a State and a place in a territory or pos- Any proceeding begun as a result of an applica- ‘‘(12) to avoid undue concentrations of market session of the United States; tion under this subsection shall be completed power and to prohibit unlawful discrimination; ‘‘(C) a territory or possession of the United within one year after it is begun. ‘‘(13) to ensure the availability of accurate States and a place in another such territory or ‘‘(c) The Panel may specify the period of time cost information in regulatory proceedings, possession; during which an exemption granted under this while minimizing the burden on rail carriers of ‘‘(D) a territory or possession of the United section is effective. developing and maintaining the capability of States and another place in the same territory ‘‘(d) The Panel may revoke an exemption, to providing such information; and or possession; the extent it specifies, when it finds that appli- ‘‘(14) to encourage and promote energy con- ‘‘(E) the United States and another place in cation of a provision of this part to the person, servation. the United States through a foreign country; or class, or transportation is necessary to carry out ‘‘§ 10102. Definitions ‘‘(F) the United States and a place in a for- the transportation policy of section 10101 of this ‘‘In this part— eign country. title. The Panel shall, within 90 days after re- ‘‘(1) ‘car service’ includes (A) the use, control, ‘‘(b) The jurisdiction of the Panel over— ceipt of a request for revocation under this sub- supply, movement, distribution, exchange, inter- ‘‘(1) transportation by rail carriers, and the section, determine whether to begin an appro- change, and return of locomotives, cars, other remedies provided in this part with respect to priate proceeding. If the Panel decides not to vehicles, and special types of equipment used in rates, classifications, rules (including car serv- begin a proceeding, the reasons for the decision the transportation of property by a rail carrier, ice, interchange, and other operating rules), shall be published in the Federal Register. Any and (B) the supply of trains by a rail carrier; practices, routes, services, and facilities of such proceeding begun as a result of a request under ‘‘(2) ‘control’, when referring to a relationship carriers; and this subsection shall be completed within one between persons, includes actual control, legal ‘‘(2) the construction, acquisition, operation, year after it is begun. control, and the power to exercise control, abandonment, or discontinuance of spur, indus- ‘‘(e) No exemption order issued pursuant to through or by (A) common directors, officers, trial, team, switching, or side tracks, or facili- this section shall operate to relieve any rail car- stockholders, a voting trust, or a holding or in- ties, even if the tracks are located, or intended rier from an obligation to provide contractual vestment company, or (B) any other means; to be located, entirely in one State, terms for liability and claims which are consist- ‘‘(3) ‘Panel’ means the Transportation Adju- is exclusive. ent with the provisions of section 11506 of this dication Panel; ‘‘(c)(1) In this subsection— title. Nothing in this subsection or section 11506 ‘‘(4) ‘person’, in addition to its meaning under ‘‘(A) the term ‘local governmental authority’— of this title shall prevent rail carriers from offer- section 1 of title 1, includes a trustee, receiver, ‘‘(i) has the same meaning given that term by ing alternative terms nor give the Panel the au- assignee, or personal representative of a person; section 5302(a) of this title; and thority to require any specific level of rates or H 12268 CONGRESSIONAL RECORD — HOUSE November 14, 1995 services based upon the provisions of section ‘‘(B) the amount of traffic which contributes plaint. A complaint under subsection (a) of this 11506 of this title. only marginally to fixed costs and the extent to section must be made under section 11501 of this ‘‘(f) The Panel may exercise its authority which, if any, rates on such traffic can be title, but the proceeding may also be in exten- under this section to exempt transportation that changed to maximize the revenues from such sion of a complaint pending before the Panel. is provided by a rail carrier. traffic; and ‘‘§ 10505. Authority: through routes, joint clas- ‘‘(g) The Panel may not exercise its authority ‘‘(C) the carrier’s mix of rail traffic to deter- sifications, rates, and divisions prescribed under this section to relieve a rail carrier of its mine whether one commodity is paying an un- by Panel obligation to protect the interests of employees reasonable share of the carrier’s overall reve- ‘‘(a)(1) The Panel may, and shall when it con- as required by this part. nues, siders it desirable in the public interest, pre- ‘‘CHAPTER 105—RATES recognizing the policy of this part that rail car- scribe through routes, joint classifications, joint ‘‘SUBCHAPTER I—GENERAL AUTHORITY riers shall earn adequate revenues, as estab- rates, the division of joint rates, and the condi- lished by the Panel under section 10504(a)(2) of tions under which those routes must be oper- ‘‘Sec. this title. ated, for a rail carrier providing transportation ‘‘10501. Standards for rates, classifications, ‘‘(3) The Panel shall, within one year after subject to the jurisdiction of the Panel under through routes, rules, and prac- the date of the enactment of this paragraph, this part. tices. complete the pending Interstate Commerce Com- ‘‘(2) The Panel may require a rail carrier to ‘‘10502. Authority for rail carriers to establish mission non-coal rate guidelines. include in a through route substantially less rates, classifications, rules, and ‘‘§ 10502. Authority for rail carriers to estab- than the entire length of its railroad and any practices. lish rates, classifications, rules, and prac- intermediate railroad operated with it under ‘‘10503. Authority for rail carriers to establish tices common management or control if that inter- through routes. mediate railroad lies between the terminals of ‘‘10504. Authority and criteria: rates, classifica- ‘‘A rail carrier providing transportation or service subject to the jurisdiction of the Panel the through route only when— tions, rules, and practices pre- ‘‘(A) required under sections 10541, 10542, or scribed by Panel. under this part shall establish reasonable— ‘‘(1) rates, to the extent required by section 10902 of this title; ‘‘10505. Authority: through routes, joint classi- ‘‘(B) inclusion of those lines would make the 10507 divisions of joint rates, and classifications fications, rates, and divisions pre- through route unreasonably long when com- for transportation and service it may provide scribed by Panel. pared with a practicable alternative through ‘‘10506. Rate agreements: exemption from anti- under this part; and ‘‘(2) rules and practices on matters related to route that could be established; or trust laws. ‘‘(C) the Panel decides that the proposed that transportation or service. ‘‘10507. Determination of market dominance in through route is needed to provide adequate, rail rate proceedings. ‘‘§ 10503. Authority for rail carriers to estab- and more efficient or economic, transportation. ‘‘10508. Rail cost adjustment factor. lish through routes The Panel shall give reasonable preference, sub- ‘‘10509. Contracts. ‘‘Rail carriers providing transportation sub- ject to this subsection, to the rail carrier origi- ‘‘SUBCHAPTER II—SPECIAL ject to the jurisdiction of the Panel under this nating the traffic when prescribing through CIRCUMSTANCES part shall establish through routes with each routes. other, shall establish rates and classifications ‘‘(b) The Panel shall prescribe the division of ‘‘10521. Government traffic. applicable to those routes, and shall establish joint rates to be received by a rail carrier provid- ‘‘10522. Emergency rates. rules for their operation and provide— ing transportation subject to its jurisdiction ‘‘10523. Car utilization. ‘‘(1) reasonable facilities for operating the under this part when it decides that a division ‘‘SUBCHAPTER III—LIMITATIONS through route; and of joint rates established by the participating ‘‘10541. Prohibitions against discrimination by ‘‘(2) reasonable compensation to persons enti- carriers under section 10503 of this title, or rail carriers. tled to compensation for services related to the under a decision of the Panel under subsection ‘‘10542. Facilities for interchange of traffic. through route. (a) of this section, does or will violate section ‘‘10543. Continuous carriage of freight. ‘‘§ 10504. Authority and criteria: rates, classi- 10501 of this title. ‘‘10544. Transportation services or facilities fur- fications, rules, and practices prescribed by ‘‘(c) If a division of a joint rate prescribed nished by shipper. Panel under a decision of the Panel is later found to ‘‘10545. Demurrage charges. ‘‘(a)(1) When the Panel, after a full hearing, violate section 10501 of this title, the Panel may ‘‘10546. Designation of certain routes by ship- decides that a rate charged or collected by a rail decide what division would have been reason- pers. carrier for transportation subject to the jurisdic- able and order adjustment to be made retro- ‘‘SUBCHAPTER I—GENERAL AUTHORITY tion of the Panel under this part, or that a clas- active to the date the complaint was filed, the sification, rule, or practice of that carrier does date the order for an investigation was made, or ‘‘§ 10501. Standards for rates, classifications, a later date that the Panel decides is justified. through routes, rules, and practices or will violate this part, the Panel may prescribe the maximum rate, classification, rule, or prac- The Panel may make a decision under this sub- ‘‘(a) A through route established by a rail car- tice to be followed. The Panel may order the section effective as part of its original decision. rier must be reasonable. Divisions of joint rates carrier to stop the violation. When a rate, classi- ‘‘§ 10506. Rate agreements: exemption from by rail carriers must be made without unreason- fication, rule, or practice is prescribed under antitrust laws able discrimination against a participating car- this subsection, the affected carrier may not ‘‘(a)(1) In this subsection— rier and must be reasonable. publish, charge, or collect a different rate and ‘‘(A) the term ‘affiliate’ means a person con- ‘‘(b) A rail carrier providing transportation shall adopt the classification and observe the trolling, controlled by, or under common control subject to the jurisdiction of the Panel under rule or practice prescribed by the Panel. or ownership with another person and ‘owner- this part may not discriminate in its rates ‘‘(2) The Panel shall maintain and revise as ship’ refers to equity holdings in a business en- against a connecting line of another rail carrier necessary standards and procedures for estab- tity of at least 5 percent; providing transportation subject to the jurisdic- lishing revenue levels for rail carriers providing ‘‘(B) the term ‘single-line rate’ refers to a rate tion of the Panel under this part or unreason- transportation subject to its jurisdiction under or allowance proposed by a single rail carrier ably discriminate against that line in the dis- this part that are adequate, under honest, eco- that is applicable only over its line and for tribution of traffic that is not routed specifically nomical, and efficient management, to cover which the transportation (exclusive of terminal by the shipper. total operating expenses, including depreciation services by switching, drayage or other terminal ‘‘(c) Except as provided in subsection (d) of and obsolescence, plus a reasonable and eco- carriers or agencies) can be provided by that this section and unless a rate is prohibited by a nomic profit or return (or both) on capital em- carrier; and provision of this part, a rail carrier providing ployed in the business. The Panel shall make an ‘‘(C) the term ‘practicably participates in the transporation subject to the jurisdiction of the adequate and continuing effort to assist those movement’ shall have such meaning as the Panel under this part may establish any rate for carriers in attaining revenue levels prescribed Panel shall by regulation prescribe. transportation or other service provided by the under this paragraph. Revenue levels estab- ‘‘(2)(A) A rail carrier providing transportation rail carrier. lished under this paragraph should— subject to the jurisdiction of the Panel under ‘‘(d)(1) If the Panel determines, under section ‘‘(A) provide a flow of net income plus depre- this part that is a party to an agreement of at 10507 of this title, that a rail carrier has market ciation adequate to support prudent capital out- least 2 rail carriers that relates to rates (includ- dominance over the transportation to which a lays, assure the repayment of a reasonable level ing charges between rail carriers and compensa- particular rate applies, the rate established by of debt, permit the raising of needed equity cap- tion paid or received for the use of facilities and such carrier for such transportation must be ital, and cover the effects of inflation; and equipment), classifications, divisions, or rules reasonable. ‘‘(B) attract and retain capital in amounts related to them, or procedures for joint consider- ‘‘(2) In determining whether a rate established adequate to provide a sound transportation sys- ation, initiation, publication, or establishment by a rail carrier is reasonable for purposes of tem in the United States. of them, shall apply to the Panel for approval of this section, the Panel shall give due consider- ‘‘(3) On the basis of the standards and proce- that agreement under this subsection. The Panel ation to— dures described in paragraph (2), the Panel shall approve the agreement only when it finds ‘‘(A) the amount of traffic which is trans- shall annually determine which rail carriers are that the making and carrying out of the agree- ported at revenues which do not contribute to earning adequate revenues. ment will further the transportation policy of going concern value and the efforts made to ‘‘(b) The Panel may begin a proceeding under section 10101 of this title and may require com- minimize such traffic; this section on its own initiative or on com- pliance with conditions necessary to make the November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12269 agreement further that policy as a condition of ‘‘(II) concerned an interline movement of the with respect to the obligation of rail carriers to its approval. If the Panel approves the agree- rail carrier, and the discussion or agreement utilize rolling stock owned or leased by shippers. ment, it may be made and carried out under its would not, considered by itself, violate the laws ‘‘(b) The Panel may require an organization terms and under the conditions required by the referred to in the first sentence of this clause. established or continued under an agreement Panel, and the Sherman Act (15 U.S.C. 1, et In any proceeding before a jury, the court shall approved under this section to maintain records seq.), the Clayton Act (15 U.S.C. 12, et seq.), the determine whether the requirements of and submit reports. The Panel may inspect a Federal Trade Commission Act (15 U.S.C. 41, et subclause (I) or (II) are satisfied before allowing record maintained under this section. seq.), sections 73 and 74 of the Wilson Tariff Act the introduction of any such evidence. ‘‘(c) The Panel may review an agreement ap- (15 U.S.C. 8 and 9), and the Act of June 19, 1936 ‘‘(C) An organization described in subpara- proved under subsection (a) of this section and (15 U.S.C. 13, 13a, 13b, 21a) do not apply to par- graph (A) of this paragraph shall provide that shall change the conditions of approval or ter- ties and other persons with respect to making or transcripts or sound recordings be made of all minate it when necessary to comply with the carrying out the agreement. However, the Panel meetings, that records of votes be made, and public interest and subsection (a). The Panel may not approve or continue approval of an that such transcripts or recordings and voting shall postpone the effective date of a change of agreement when the conditions required by it records be submitted to the Panel and made an agreement under this subsection for what- are not met or if it does not receive a verified available to other Federal agencies in connec- ever period it determines to be reasonably nec- statement under subparagraph (B) of this para- tion with their statutory responsibilities over essary to avoid unreasonable hardship. graph. rate bureaus, except that such material shall be ‘‘(d) The Panel may begin a proceeding under ‘‘(B) The Panel may approve an agreement kept confidential and shall not be subject to dis- this section on its own initiative or on applica- under subparagraph (A) of this paragraph only closure under section 552 of title 5, United States tion. Action of the Panel under this section— when the rail carriers applying for approval file Code. ‘‘(1) approving an agreement; a verified statement with the Panel. Each state- ‘‘(4) Notwithstanding any other provision of ‘‘(2) denying, ending, or changing approval; ment must specify for each rail carrier that is a this subsection, one or more rail carriers may ‘‘(3) prescribing the conditions on which ap- party to the agreement— enter into an agreement, without obtaining proval is granted; or ‘‘(i) the name of the carrier; prior Panel approval, that provides solely for ‘‘(4) changing those conditions, ‘‘(ii) the mailing address and telephone num- compilation, publication, and other distribution has effect only as related to application of the ber of its headquarter’s office; and of rates in effect or to become effective. The antitrust laws referred to in subsection (a) of ‘‘(iii) the names of each of its affiliates and Sherman Act (15 U.S.C. 1 et seq.), the Clayton this section. the names, addresses, and affiliates of each of Act (15 U.S.C. 12 et seq.), the Federal Trade ‘‘(e) The Panel shall review each agreement its officers and directors and of each person, to- Commission Act (15 U.S.C. 41 et seq.), sections 73 approved under subsection (a) of this section pe- gether with an affiliate, owning or controlling and 74 of the Wilson Tariff Act (15 U.S.C. 8 and riodically, but at least once every 3 years— any debt, equity, or security interest in it hav- 9), and the Act of June 19, 1936 (15 U.S.C. 13, ‘‘(1) to determine whether the agreement or an ing a value of at least $1,000,000. 13a, 13b, 21a) shall not apply to parties and organization established or continued under one ‘‘(3)(A) An organization established or contin- other persons with respect to making or carrying of those agreements still complies with the re- ued under an agreement approved under this out such agreement. However, the Panel may, quirements of that subsection and the public in- subsection shall make a final disposition of a upon application or on its own initiative, inves- terest; and rule or rate docketed with it by the 120th day tigate whether the parties to such an agreement ‘‘(2) to evaluate the success and effect of that after the proposal is docketed. Such an organi- have exceeded its scope, and upon a finding agreement or organization on the consuming zation may not— that they have, the Panel may issue such orders public and the national rail freight transpor- ‘‘(i) permit a rail carrier to discuss, to partici- tation system. pate in agreements related to, or to vote on sin- as are necessary, including an order dissolving If the Panel finds that an agreement or organi- gle-line rates proposed by another rail carrier, the agreement, to ensure that actions taken pur- zation does not conform to the requirements of except that for purposes of general rate in- suant to the agreement are limited as provided that subsection, it shall end or suspend its ap- creases and broad changes in rates, classifica- in this paragraph. ‘‘(5)(A) Whenever two or more shippers enter tions, rules, and practices only, if the Panel proval. into an agreement to discuss among themselves ‘‘(f)(1) The Federal Trade Commission, in con- finds at any time that the implementation of that relates to the amount of compensation such sultation with the Antitrust Division of the De- this clause is not feasible, it may delay or sus- shippers propose to be paid by rail carriers pro- partment of Justice, shall prepare periodically pend such implementation in whole or in part; ‘‘(ii) permit a rail carrier to discuss, to partici- viding transportation subject to the jurisdiction an assessment of, and shall report to the Panel pate in agreements related to, or to vote on rates of the Panel under this part, for use by such rail on— related to a particular interline movement un- carriers of rolling stock owned or leased by such ‘‘(A) possible anticompetitive features of— ‘‘(i) agreements approved or submitted for ap- less that rail carrier practicably participates in shippers, the shippers shall apply to the Panel proval under subsection (a) of this section; and the movement; or for approval of that agreement under this para- ‘‘(ii) an organization operating under those ‘‘(iii) if there are interline movements over two graph. The Panel shall approve the agreement or more routes between the same end points, only when it finds that the making and carrying agreements; and ‘‘(B) possible ways to alleviate or end an anti- permit a carrier to discuss, to participate in out of the agreement will further the transpor- competitive feature, effect, or aspect in a man- agreements related to, or to vote on rates except tation policy set forth in section 10101 of this ner that will further the goals of this part and with a carrier which forms part of a particular title and may require compliance with condi- of the transportation policy of section 10101 of single route. If the Panel finds at any time that tions necessary to make the agreement further this title. the implementation of this clause is not feasible, that policy as a condition of approval. If the ‘‘(2) Reports received by the Panel under this it may delay or suspend such implementation in Panel approves the agreement, it may be made subsection shall be published and made avail- whole or in part. and carried out under its terms and under the ‘‘(B)(i) In any proceeding in which a party al- terms required by the Panel, and the antitrust able to the public under section 552(a) of title 5. leges that a rail carrier voted or agreed on a laws set forth in paragraph (2) of this sub- ‘‘§ 10507. Determination of market dominance rate or allowance in violation of this subsection, section do not apply to parties and other per- in rail rate proceedings that party has the burden of showing that the sons with respect to making or carrying out the ‘‘(a) In this section, ‘market dominance’ vote or agreement occurred. A showing of par- agreement. The Panel shall approve or dis- means an absence of effective competition from allel behavior does not satisfy that burden by it- approve an agreement under this paragraph other rail carriers or modes of transportation for self. within one year after the date application for the transportation to which a rate applies. ‘‘(ii) In any proceeding in which it is alleged approval of such agreement is made. ‘‘(b) When a rate for transportation by a rail that a carrier was a party to an agreement, con- ‘‘(B) If the Panel approves an agreement de- carrier providing transportation subject to the spiracy, or combination in violation of a Federal scribed in subparagraph (A) of this paragraph jurisdiction of the Panel under this part is chal- law cited in subsection (a)(2)(A) of this section and the shippers entering into such agreement lenged as being unreasonably high, the Panel or of any similar State law, proof of an agree- and the rail carriers proposing to use rolling shall determine, within 90 days after the start of ment, conspiracy, or combination may not be in- stock owned or leased by such shippers, under a proceeding, whether the rail carrier proposing ferred from evidence that two or more rail car- payment by such carriers or under a published the rate has market dominance over the trans- riers acted together with respect to an interline allowance, are unable to agree upon the amount portation to which the rate applies. The Panel rate or related matter and that a party to such of compensation to be paid for the use of such may make that determination on its own initia- action took similar action with respect to a rate rolling stock, any party directly involved in the tive or on complaint. A finding by the Panel or related matter on another route or traffic. In negotiations may require that the matter be set- that the rail carrier does not have market domi- any proceeding in which such a violation is al- tled by submitting the issues in dispute to the nance is determinative in a proceeding under leged, evidence of a discussion or agreement be- Panel. The Panel shall render a binding deci- this part related to that rate or transportation tween or among such rail carrier and one or sion, based upon a standard of reasonableness unless changed or set aside by the Panel or set more other rail carriers, or of any rate or other and after taking into consideration any past aside by a court of competent jurisdiction. action resulting from such discussion or agree- precedents on the subject matter of the negotia- ‘‘(c) When the Panel finds in any proceeding ment, shall not be admissible if the discussion or tions, no later than 90 days after the date of the that a rail carrier proposing or defending a rate agreement— submission of the dispute to the Panel. for transportation has market dominance over ‘‘(I) was in accordance with an agreement ap- ‘‘(C) Nothing in this paragraph shall be con- the transportation to which the rate applies, it proved under paragraph (2) of this subsection; strued to change the law in effect prior to the may then determine that rate to be unreason- or effective date of the Staggers Rail Act of 1980 able if it exceeds a reasonable maximum for that H 12270 CONGRESSIONAL RECORD — HOUSE November 14, 1995 transportation. However, a finding of market formation as the Panel prescribes. The Panel ‘‘(3) discrimination against the traffic of an- dominance does not establish a presumption shall publish special rules for such contracts in other carrier providing transportation by any that the proposed rate exceeds a reasonable order to ensure that the essential terms of the mode. maximum. contract are available to the general public. ‘‘(c) Differences between rates, classifications, ‘‘(d)(1)(A) In making a determination under ‘‘(2) Documents, papers, and records (and any rules, and practices of rail carriers do not con- this section, the Panel shall find that the rail copies thereof) relating to a contract described stitute a violation of this section if such dif- carrier establishing the challenged rate does not in subsection (a) shall not be subject to the man- ferences result from different services provided have market dominance over the transportation datory disclosure requirements of section 552 of by rail carriers. to which the rate applies if such rail carrier title 5. ‘‘§ 10542. Facilities for interchange of traffic proves that the rate charged results in a reve- ‘‘(e) Any lawful contract between a rail car- ‘‘A rail carrier providing transportation sub- nue-variable cost percentage for such transpor- rier and one or more purchasers of rail service ject to the jurisdiction of the Panel under this tation that is less than 180 percent. that was in effect on the effective date of the part shall provide reasonable, proper, and equal ‘‘(B) For purposes of this section, variable Staggers Rail Act of 1980 shall be considered a facilities that are within its power to provide for costs for a rail carrier shall be determined only contract authorized by this section. the interchange of traffic between, and for the by using such carrier’s unadjusted costs, cal- ‘‘(f) A rail carrier that enters into a contract receiving, forwarding, and delivering of pas- culated using the Uniform Rail Costing System as authorized by this section remains subject to sengers and property to and from, its respective cost finding methodology (or an alternative the common carrier obligation set forth in sec- line and a connecting line of another rail car- methodology adopted by the Panel in lieu there- tion 10901, with respect to rail transportation rier. of) and indexed quarterly to account for current not provided under such a contract. ‘‘§ 10543. Continuous carriage of freight wage and price levels in the region in which the ‘‘SUBCHAPTER II—SPECIAL carrier operates, with adjustments specified by CIRCUMSTANCES ‘‘A rail carrier providing transportation or the Panel. A rail carrier may meet its burden of service subject to the jurisdiction of the Panel proof under this subsection by establishing its ‘‘§ 10521. Government traffic under this part may not enter a combination or variable costs in accordance with this para- ‘‘A rail carrier providing transportation or arrangement to prevent the carriage of freight graph, but a shipper may rebut that showing by service for the United States Government may from being continuous from the place of ship- evidence of such type, and in accordance with transport property for the United States Govern- ment to the place of destination whether by such burden of proof, as the Panel shall pre- ment without charge or at a rate reduced from change of time schedule, carriage in different scribe. the applicable commercial rate. Section 3709 of cars, or by other means. The carriage of freight ‘‘(2) A finding by the Panel that a rate the Revised Statutes (41 U.S.C. 5) does not apply by those rail carriers is considered to be a con- charged by a rail carrier results in a revenue- when transportation for the United States Gov- tinuous carriage from the place of shipment to variable cost percentage for the transportation ernment can be obtained from a rail carrier law- the place of destination when a break of bulk, to which the rate applies that is equal to or fully operating in the area where the transpor- stoppage, or interruption is not made in good greater than 180 percent does not establish a tation would be provided. faith for a necessary purpose, and with the in- presumption that— ‘‘§ 10522. Emergency rates tent of avoiding or unnecessarily interrupting ‘‘(A) such rail carrier has or does not have ‘‘(a) The Panel may authorize a rail carrier the continuous carriage or of evading this part. market dominance over such transportation; or providing transportation or service subject to its ‘‘§ 10544. Transportation services or facilities ‘‘(B) the proposed rate exceeds or does not ex- jurisdiction under this part to give reduced rates furnished by shipper ceed a reasonable maximum. for service and transportation of property to or ‘‘A rail carrier providing transportation or ‘‘§ 10508. Rail cost adjustment factor from an area in the United States to provide re- service subject to the jurisdiction of the Panel ‘‘(a) The Panel shall, as often as practicable, lief during emergencies. When the Panel takes under this part may publish a charge or allow- but in no event less often than quarterly, pub- action under this subsection, it must— ance for transportation or service for property lish a rail cost adjustment factor which shall be ‘‘(1) define the area of the United States in when the owner of the property, directly or in- a fraction, the numerator of which is the latest which the reduced rates will apply; directly, furnishes a service related to or an in- published Index of Railroad Costs (which index ‘‘(2) specify the period during which the re- strumentality used in the transportation or serv- shall be compiled or verified by the Panel, with duced rates are to be in effect; and ice. The Panel may prescribe the maximum rea- appropriate adjustments to reflect the change in ‘‘(3) define the class of persons entitled to the sonable charge or allowance a rail carrier sub- composition of railroad costs, including the reduced rates. ject to its jurisdiction may pay for a service or quality and mix of material and labor) and the ‘‘(b) The Panel may specify those persons en- instrumentality furnished under this section. denominator of which is the same index for the titled to reduced rates by reference to those per- The Panel may begin a proceeding under this fourth quarter of every fifth year, beginning sons designated as being in need of relief by the section on its own initiative or on application. with the fourth quarter of 1992. United States Government or by a State govern- ‘‘§ 10545. Demurrage charges ‘‘(b) The rail cost adjustment factor published ment authorized to assist in providing relief dur- by the Panel under subsection (a) of this section ing the emergency. The Panel may act under ‘‘A rail carrier providing transportation sub- shall take into account changes in railroad pro- this section without regard to subchapter II of ject to the jurisdiction of the Panel under this ductivity. The Panel shall also publish a similar chapter 5 of title 5. part shall compute demurrage charges, and es- tablish rules related to those charges, in a way index that does not take into account changes ‘‘§ 10523. Car utilization in railroad productivity. that fulfills the national needs related to— ‘‘In order to encourage more efficient use of ‘‘(1) freight car use and distribution; and ‘‘§ 10509. Contracts freight cars, notwithstanding any other provi- ‘‘(2) maintenance of an adequate supply of ‘‘(a) One or more rail carriers providing trans- sion of this part, rail carriers shall be permitted freight cars to be available for transportation of portation subject to the jurisdiction of the Panel to establish premium charges for special services property. under this part may enter into a contract with or special levels of services not otherwise appli- ‘‘§ 10546. Designation of certain routes by one or more purchasers of rail services to pro- cable to the movement. The Panel shall facili- shippers vide specified services under specified rates and tate development of such charges so as to in- conditions. crease the utilization of equipment. ‘‘(a)(1) When a person delivers property to a rail carrier for transportation subject to the ju- ‘‘(b) A party to a contract entered into under ‘‘SUBCHAPTER III—LIMITATIONS this section shall have no duty in connection risdiction of the Panel under this part, the per- with services provided under such contract ‘‘§ 10541. Prohibitions against discrimination son may direct the rail carrier to transport the other than those duties specified by the terms of by rail carriers property over an established through route. the contract. ‘‘(a)(1) A rail carrier providing transportation When competing rail lines constitute a part of ‘‘(c)(1) A contract that is authorized by this or service subject to the jurisdiction of the Panel the route, the person shipping the property may section, and transportation under such con- under this part may not subject a person, place, designate the lines over which the property will tract, shall not be subject to this part, and may port, or type of traffic to unreasonable discrimi- be transported. The designation must be in writ- not be subsequently challenged before the Panel nation. ing. A rail carrier may be directed to transport or in any court on the grounds that such con- ‘‘(2) For purposes of this section, a rail carrier property over a particular through route tract violates a provision of this part. engages in unreasonable discrimination when it when— ‘‘(2) The exclusive remedy for any alleged charges or receives from a person a different ‘‘(A) there are at least 2 through routes over breach of a contract entered into under this sec- compensation for a service rendered, or to be which the property could be transported; tion shall be an action in an appropriate State rendered, in transportation the rail carrier may ‘‘(B) a through rate has been established for court or United States district court, unless the perform under this part than it charges or re- transportation over each of those through parties otherwise agree. The district courts of ceives from another person for performing a like routes; and the United States shall not have jurisdiction and contemporaneous service in the transpor- ‘‘(C) the rail carrier is a party to those routes pursuant to this section based on section 1331 or tation of a like kind of traffic under substan- and rates. 1337 of title 28, United States Code. tially similar circumstances. ‘‘(2) A rail carrier directed to route property ‘‘(d)(1) A summary of each contract for the ‘‘(b) This section shall not apply to— transported under paragraph (1) of this sub- transportation of agricultural commodities en- ‘‘(1) contracts described in section 10509 of section must issue a through bill of lading con- tered into under this section shall be filed with this title; taining the routing instructions and transport the Panel, containing such nonconfidential in- ‘‘(2) rail rates applicable to different routes; or the property according to the instructions. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12271 When the property is delivered to a connecting ‘‘§ 10702. Finance and construction trans- ‘‘(A) abandon any part of its railroad lines; or rail carrier, that rail carrier must also receive actions by Class II and Class III rail car- ‘‘(B) discontinue the operation of all rail and transport it according to the routing in- riers and noncarriers transportation over any part of its railroad structions and deliver it to the next succeeding ‘‘(a)(1) A Class II or Class III (as defined by lines, rail carrier or consignee according to the in- the Panel) rail carrier providing transportation must file a notice of intent relating thereto with structions. subject to the jurisdiction of the Panel under the Panel. An abandonment or discontinuance ‘‘(b) The Panel may prescribe exceptions to this part, or a noncarrier, may— may be carried out only as authorized under the authority of a person to direct the movement ‘‘(A) construct an extension of any of its rail- this chapter. of traffic under subsection (a) of this section. road lines; ‘‘(2) When a rail carrier providing transpor- ‘‘CHAPTER 107—LICENSING ‘‘(B) construct an additional railroad line; or tation subject to the jurisdiction of the Panel ‘‘(C) acquire or operate a railroad line, ‘‘Sec. only if the Panel issues a certificate authorizing under this part files a notice of intent, the no- ‘‘10701. Authorizing construction and operation such activity under subsection (c). tice shall include— of railroad lines. ‘‘(2) A certificate issued by the Panel under ‘‘(A) an accurate and understandable sum- ‘‘10702. Finance and construction transactions subsection (c) shall also be required for— mary of the rail carrier’s reasons for the pro- by Class II and Class III rail car- ‘‘(A) a Class II or Class III rail carrier provid- posed abandonment or discontinuance; riers and noncarriers. ing transportation subject to the jurisdiction of ‘‘(B) a statement indicating that each inter- ‘‘10703. Filing and procedure for notice of intent the Panel under this part, or a noncarrier to ested person is entitled to make recommenda- to abandon or discontinue. provide transportation over, or by means of, a tions to the Panel on the future of the rail line; ‘‘10704. Offers to purchase to avoid abandon- railroad line by trackage rights, lease, or joint and ment and discontinuance. ownership or joint use of the railroad line (and ‘‘(C)(i) a statement that the line is available ‘‘10705. Offering abandoned rail properties for terminals incidental thereto); for sale in accordance with section 10704 of this sale for public purposes. ‘‘(B) a consolidation or merger of the prop- title, (ii) a statement that the rail carrier will ‘‘10706. Exception. erties or franchises of at least 2 Class II or Class promptly provide to each interested party an es- ‘‘10707. Railroad development. III rail carriers into one corporation for the timate of the minimum purchase price, cal- ownership, management, and operation of the culated in accordance with section 10704 of this previously separately owned properties; title and (iii) the name and business address of ‘‘§ 10701. Authorizing construction and oper- ‘‘(C) the acquisition of control of a Class II or the person who is authorized to discuss sale ation of railroad lines Class III rail carrier by one or more Class II or terms for the rail carrier. ‘‘(a) A rail carrier providing transportation Class III rail carriers; ‘‘(3) The rail carrier shall— subject to the jurisdiction of the Panel under ‘‘(D) the acquisition of control of at least 2 ‘‘(A) send by certified mail a copy of the no- this part may— Class II or Class III rail carriers by a person tice of intent to the chief executive officer of ‘‘(1) construct an extension to any of its rail- that is not a rail carrier; and each State that would be directly affected by the road lines; ‘‘(E) the acquisition of control of a Class II or proposed abandonment or discontinuance; ‘‘(2) construct an additional railroad line; Class III rail carrier by a person that is not a ‘‘(B) post a copy of the notice in each terminal ‘‘(3) acquire or operate an extended or addi- rail carrier but that controls at least one Class and station on each portion of a railroad line tional railroad line; or II or Class III rail carrier. proposed to be abandoned or over which all ‘‘(b) A proceeding to grant authority under ‘‘(4) provide transportation over, or by means transportation is to be discontinued; subsection (a) begins when an application is of, an extended or additional railroad line; ‘‘(C) publish a copy of the notice for 3 con- filed. On receiving the application, the Panel only if the Panel issues a certificate authorizing secutive weeks in a newspaper of general cir- shall give reasonable public notice of the begin- such activity under subsection (c). ning of such proceeding. culation in each county in which each such por- ‘‘(b) A proceeding to grant authority under ‘‘(c) The Panel shall issue a certificate au- tion is located; subsection (a) of this section begins when an ap- thorizing activities for which such authority is ‘‘(D) mail a copy of the notice, to the extent plication is filed. On receiving the application, requested in an application filed under sub- practicable, to all shippers that have made sig- the Panel shall give reasonable public notice of section (b) unless the Panel finds that such ac- nificant use (as designated by the Panel) of the the beginning of such proceeding. tivities are inconsistent with the public conven- railroad line during the 12 months preceding the ‘‘(c) The Panel shall issue a certificate au- ience and necessity because— filing of the notice of intent; and thorizing activities for which such authority is ‘‘(1) as a result of the transaction, there is ‘‘(E) attach to the notice filed with the Panel requested in an application filed under sub- likely to be substantial lessening of competition, an affidavit certifying the manner in which sub- section (b) unless the Panel finds that such ac- creation of a monopoly, or restraint of trade in paragraphs (A) through (D) of this paragraph tivities are inconsistent with the public conven- freight surface transportation in any region of have been satisfied, and certifying that sub- ience and necessity. Such certificate may ap- the United States; and paragraphs (A) through (D) have been satisfied prove the application as filed, or with modifica- ‘‘(2) the anticompetitive effects of the trans- within the most recent 30 days prior to the date tions, and may require compliance with condi- action outweigh the public interest in meeting the notice of intent is filed. tions the Panel finds necessary in the public in- significant transportation needs. ‘‘(b)(1) Except as provided in paragraph (2) or terest. Such certificate may approve the application as subsection (d), abandonment and discontinu- ‘‘(d)(1) When a certificate has been issued by filed, or with modifications, and may require ance may occur as provided in section 10704. the Panel under this section or section 10702 au- compliance with conditions the Panel finds nec- ‘‘(2) The Panel shall require as a condition of thorizing the construction or extension of a rail- essary in the public interest. any abandonment or discontinuance under this road line, no other rail carrier may block any ‘‘(d) When a person is involved in a trans- section provisions to protect the interests of em- construction or extension authorized by such action for which approval is sought under this ployees. The provisions shall be at least as bene- certificate by refusing to permit the carrier to section, the Panel shall require such person to ficial to those interests as the provisions estab- cross its property if— protect the interest of affected employees to an lished under sections 11126 and 24706(c) of this ‘‘(A) the construction does not unreasonably extent equal to the protection required under title. interfere with the operation of the crossed line; sections 2 through 5 of the Worker Adjustment ‘‘(c)(1) In this subsection, the term ‘poten- ‘‘(B) the operation does not materially inter- and Retraining Notification Act (29 U.S.C. 2101– tially subject to abandonment’ has the meaning fere with the operation of the crossed line; and 2104). given the term in regulations of the Panel. The ‘‘(C) the owner of the crossing line com- ‘‘(e) The authority of the Panel over trans- regulations may include standards that vary by pensates the owner of the crossed line. actions described in subsection (a)(2) is exclu- region of the United States and by railroad or ‘‘(2) If the parties are unable to agree on the sive. A rail carrier or corporation participating group of railroads. terms of operation or the amount of payment for in or resulting from such a transaction may ‘‘(2) Each rail carrier shall maintain a com- purposes of paragraph (1) of this subsection, ei- carry out the transaction, own and operate plete diagram of the transportation system oper- ther party may submit the matters in dispute to property, and exercise control or franchises ac- ated, directly or indirectly, by the rail carrier. the Panel for determination. The Panel shall quired through the transaction without the ap- The rail carrier shall submit to the Panel and make a determination under this paragraph proval of a State authority. A rail carrier, cor- publish amendments to its diagram that are nec- within 90 days after the dispute is submitted for poration, or person participating in that trans- essary to maintain the accuracy of the diagram. determination. action is exempt from the antitrust laws and The diagram shall— ‘‘(e) The Panel may require any rail carrier from all other law, including State and munici- ‘‘(A) include a detailed description of each of proposing both to construct and operate a new pal law, as necessary to let that rail carrier, cor- its railroad lines potentially subject to abandon- railroad line pursuant to this section to provide poration, or person carry out the transaction, ment; and a fair and equitable arrangement for the protec- hold, maintain, and operate property and exer- ‘‘(B) identify each railroad line for which the tion of the interests of railroad employees who cise control or franchises acquired through the rail carrier plans to file a notice of intent to may be affected thereby no less protective of and transaction. abandon or discontinue under subsection (a) of beneficial to the interests of such employees ‘‘§ 10703. Filing and procedure for notice of in- this section. than those established pursuant to section 11126 tent to abandon or discontinue ‘‘(d) The Panel may disapprove a proposed of this title. ‘‘(a)(1) A rail carrier providing transportation abandonment or discontinuance if the Panel ‘‘(f) Subsections (a), (b), (c), and (e) of this subject to the jurisdiction of the Panel under finds it inconsistent with the public convenience section shall only apply to Class I rail carriers. this part who intends to— and necessity. H 12272 CONGRESSIONAL RECORD — HOUSE November 14, 1995 ‘‘§ 10704. Offers to purchase to avoid abandon- Panel establish the conditions and amount of cially responsible person at a price not less than ment and discontinuance compensation. If the Panel has established the the constitutional minimum value. ‘‘(a) Any rail carrier which has filed a notice conditions and amount of compensation, and ‘‘(2) For purposes of this subsection, the con- of intent to abandon or discontinue shall pro- the original offer has been withdrawn, any stitutional minimum value of a particular rail- vide promptly to a party considering an offer to other offeror whose offer was made within the 4- road line shall be presumed to be not less than purchase and shall provide concurrently to the month period described in subsection (b) may the net liquidation value of such line or the Panel— accept the Panel’s decision within 20 days after going concern value of such line, whichever is ‘‘(1) a statement of the minimum purchase such decision, and the Panel shall require the greater. price required; carrier to enter into a sale agreement with such ‘‘(c)(1) For purposes of this section, the Panel ‘‘(2) its most recent reports on the physical offeror, if such sale agreement incorporates the may determine that the public convenience and condition of that part of the railroad line in- Panel’s decision. necessity require or permit the sale of a railroad volved in the proposed abandonment or dis- ‘‘(4) No purchaser of a line or portion of line line if the Panel determines, after a hearing on continuance; sold under this section may transfer or dis- the record, that— ‘‘(3) traffic, revenue, and other data necessary continue service on such line prior to the end of ‘‘(A) the rail carrier operating such line re- to determine the commercial potential of the the second year after consummation of the sale, fuses within a reasonable time to make the nec- railroad line; and nor may such purchaser transfer such line, ex- essary efforts to provide adequate service to ‘‘(4) any other information that the Panel cept to the rail carrier from whom it was pur- shippers who transport traffic over such line; ‘‘(B) the transportation over such line is inad- considers necessary to allow a potential offeror chased, prior to the end of the fifth year after equate for the majority of shippers who trans- to calculate an adequate purchase offer. consummation of the sale. port traffic over such line; ‘‘(b) Within 4 months after a notice of intent ‘‘(f) Upon abandonment of a railroad line ‘‘(C) the sale of such line will not have a sig- is filed under section 10703, any person may under this section, the obligation of the rail car- nificantly adverse financial effect on the rail offer to purchase the railroad line that is the rier abandoning the line to provide transpor- carrier operating such line; subject of such notice of intent. Such offer shall tation on that line, as required by section 10901(a), is extinguished. ‘‘(D) the sale of such line will not have an ad- be filed concurrently with the Panel. If the offer verse effect on the overall operational perform- ‘‘§ 10705. Offering abandoned rail properties to purchase is less than the minimum purchase ance of the rail carrier operating such line; and for sale for public purposes price stated pursuant to subsection (a)(1), the ‘‘(E) the sale of such line will be likely to re- offer shall explain the basis of the disparity, ‘‘When a rail carrier files a notice of intent to sult in improved railroad transportation for and the manner in which the offer is calculated. abandon or discontinue under section 10703, the shippers that transport traffic over such line. ‘‘(c)(1) Unless the Panel, within 15 days after Panel shall find whether the rail properties that ‘‘(2) In a proceeding under this subsection, the expiration of the 4-month period described are involved in the proposed abandonment or the burden of proving that the public conven- in subsection (b), finds that one or more finan- discontinuance are appropriate for use for pub- ience and necessity require or permit the sale of cially responsible persons (including a govern- lic purposes, including highways, other forms of a particular railroad line is on the person filing mental authority) have offered to purchase that mass transportation, conservation, energy pro- the application to acquire such line. If the part of the railroad line to be abandoned or over duction or transmission, or recreation. If the Panel finds under this subsection that the pub- which all rail transportation is to be discon- Panel finds that the rail properties proposed to lic convenience and necessity require or permit tinued, abandonment or discontinuance may be be abandoned are appropriate for public pur- the sale of a particular railroad line, the Panel carried out in accordance with section 10703. poses and not required for continued rail oper- shall concurrently notify the parties of such ‘‘(2) If the Panel finds that such an offer or ations, the properties may be sold, leased, ex- finding and publish such finding in the Federal offers to purchase have been made within such changed, or otherwise disposed of only under Register. period, abandonment or discontinuance shall be conditions provided in the order of the Panel. ‘‘(d) In the case of any railroad line subject to postponed until— The conditions may include a prohibition on sale under subsection (a) of this section, the ‘‘(A) the carrier and a financially responsible any such disposal for a period of not more than Panel shall, upon the request of the acquiring person have reached agreement on a transaction 180 days after the effective date of the order, carrier, require the selling carrier to provide to for sale of the line; or unless the properties have first been offered, on the acquiring carrier trackage rights to allow a ‘‘(B) the conditions and amount of compensa- reasonable terms, for sale for public purposes. reasonable interchange with the selling carrier tion are established under subsection (e). ‘‘§ 10706. Exception or to move power equipment or empty rolling ‘‘(d) Except as provided in subsection (e)(3), if ‘‘Notwithstanding section 10701 and sub- stock between noncontiguous feeder lines oper- the rail carrier and a financially responsible chapter II of chapter 111 of this title, and with- ated by the acquiring carrier. The Panel shall person (including a governmental authority) fail out the approval of the Panel, a rail carrier pro- require the acquiring carrier to provide the sell- to agree on the amount or terms of the pur- viding transportation subject to the jurisdiction ing carrier reasonable compensation for any chase, either party may, within 30 days after of the Panel under this part may enter into ar- such trackage rights. the offer is made, request that the Panel estab- rangements for the joint ownership or joint use ‘‘(e) The Panel shall require, to the maximum lish the conditions and amount of compensa- of spur, industrial, team, switching, or side extent practicable, the use of the employees who tion. tracks. The Panel does not have authority would normally have performed work in connec- ‘‘(e)(1) Whenever the Panel is requested to es- under this chapter over construction, acquisi- tion with a railroad line subject to a sale under tablish the conditions and amount of compensa- tion, operation, abandonment, or discontinu- this section. tion under this section— ance of spur, industrial, team, switching, or side ‘‘(f) In the case of a railroad line which car- ‘‘(A) the Panel shall render its decision within tracks. ried less than 3,000,000 gross ton miles of traffic 30 days; per mile in the preceding calendar year, when- ‘‘§ 10707. Railroad development ‘‘(B) the Panel shall determine the price and ever a purchasing carrier under this section pe- other terms of sale, except that in no case shall ‘‘(a) In this section, the term ‘financially re- titions the Panel for joint rates applicable to the Panel set a price which is below the fair sponsible person’ means a person who— traffic moving over through routes in which the market value of the line (including, unless oth- ‘‘(1) is capable of paying the constitutional purchasing carrier may practicably participate, erwise mutually agreed, all facilities on the line minimum value of the railroad line proposed to the Panel shall, within 30 days after the date or portion necessary to provide effective trans- be acquired; and such petition is filed and pursuant to section portation services). ‘‘(2) is able to assure that adequate transpor- 10505(a) of this title, require the establishment of ‘‘(2) The decision of the Panel shall be binding tation will be provided over such line for a pe- reasonable joint rates and divisions over such on both parties, except that the person who has riod of not less than 3 years. route. offered to purchase the line may withdraw his Such term includes a governmental authority ‘‘(g)(1) Any person operating a railroad line offer within 10 days of the Panel’s decision. In but does not include a Class I or Class II rail acquired under this section may elect to be ex- such a case, the abandonment or discontinuance carrier. empt from any of the provisions of this part, ex- may be carried out immediately, unless other of- ‘‘(b)(1) When the Panel finds that— cept that such a person may not be exempt from fers are being considered pursuant to paragraph ‘‘(A)(i) the public convenience and necessity the provisions of chapter 105 of this title with (3) of this subsection. require or permit the sale of a particular rail- respect to transportation under a joint rate. ‘‘(3) If a rail carrier receives more than one road line under this section; or ‘‘(2) The provisions of paragraph (1) of this offer to purchase, it shall select the offeror with ‘‘(ii) a railroad line is on a system diagram subsection shall apply to any line of railroad whom it wishes to transact business, and com- map as required under section 10703 of this title, which was abandoned during the 18-month pe- plete the sale agreement, or request that the but the rail carrier owning such line has not riod immediately prior to the effective date of Panel establish the conditions and amount of filed a notice of intent to abandon such line the Staggers Rail Act of 1980 and was subse- compensation before the 40th day after the expi- under section 10703 of this title before an appli- quently purchased by a financially responsible ration of the 4-month period described in sub- cation to purchase such line, or any required person. section (b). If no agreement on sale is reached preliminary filing with respect to such applica- ‘‘(h) If a purchasing carrier under this section within such 40-day period and the Panel has tion, is filed under this section; and proposes to sell or abandon all or any portion of not been requested to establish the conditions ‘‘(B) an application to purchase such line has a purchased railroad line, such purchasing car- and amount of compensation, any other offeror been filed by a financially responsible person, rier shall offer the right of first refusal with re- whose offer was made within the 4-month period the Panel shall require the rail carrier owning spect to such line or portion thereof to the car- described in subsection (b) may request that the the railroad line to sell such line to such finan- rier which sold such line under this section. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12273 Such offer shall be made at a price equal to the tance outside of a terminal, owned by a rail car- if the Panel decides that the rail carrier has ma- sum of the price paid by such purchasing carrier rier providing transportation subject to the ju- terially failed to furnish that service. The Panel to such selling carrier for such line or portion risdiction of the Panel under this part, to be may begin a proceeding under this paragraph thereof and the fair market value (less deterio- used by another rail carrier if the Panel finds when an interested person files an application ration) of any improvements made, as adjusted that use to be practicable and in the public in- with it. The Panel may act only after a hearing to reflect inflation. terest without substantially impairing the abil- on the record and an affirmative finding, based ‘‘(i) Any person operating a railroad line ac- ity of the rail carrier owning the facilities or en- on the evidence presented, that— quired under this section may determine pre- titled to use the facilities to handle its own busi- ‘‘(A) providing the facilities or equipment will conditions, such as payment of a subsidy, which ness. The rail carriers are responsible for estab- not materially and adversely affect the ability of must be met by shippers in order to obtain serv- lishing the conditions and compensation for use the rail carrier to provide safe and adequate ice over such lines, but such operator must no- of the facilities. However, if the rail carriers transportation; tify the shippers on the line of its intention to cannot agree, the Panel may establish condi- ‘‘(B) the amount spent for the facilities or impose such preconditions. tions and compensation for use of the facilities equipment, including a return equal to the rail ‘‘CHAPTER 109—OPERATIONS under the principle controlling compensation in carrier’s current cost of capital, will be recov- ‘‘SUBCHAPTER I—GENERAL condemnation proceedings. The compensation ered; and REQUIREMENTS shall be paid or adequately secured before a rail ‘‘(C) providing the facilities or equipment will ‘‘Sec. carrier may begin to use the facilities of another not impair the ability of the rail carrier to at- ‘‘10901. Providing transportation, service, and rail carrier under this section. tract adequate capital. rates. ‘‘(b) A rail carrier whose terminal facilities are ‘‘(2) The Panel may require a rail carrier to ‘‘10902. Use of terminal facilities. required to be used by another rail carrier under file its car service rules with the Panel. ‘‘10903. Switch connections and tracks. this section is entitled to recover damages from ‘‘(b) The Panel may designate and appoint ‘‘SUBCHAPTER II—CAR SERVICE the other rail carrier for injuries sustained as agents and agencies to make and carry out its ‘‘10921. Criteria. the result of compliance with the requirement or directions related to car service and matters ‘‘10922. Compensation and practice. for compensation for the use, or both as appro- under sections 10923 and 10924(a)(1) of this title. ‘‘10923. Rerouting traffic on failure of rail car- priate, in a civil action, if it is not satisfied with ‘‘§ 10922. Compensation and practice rier to serve the public. the conditions for use of the facilities or if the ‘‘(a) The regulations of the Panel on car serv- ‘‘10924. War emergencies; embargoes imposed by amount of the compensation is not paid prompt- ice shall encourage the purchase, acquisition, carriers. ly. and efficient use of freight cars. The regulations ‘‘SUBCHAPTER III—REPORTS AND ‘‘(c)(1) The Panel may require rail carriers to may include— RECORDS enter into reciprocal switching agreements, ‘‘(1) the compensation to be paid for the use of ‘‘10941. Definitions. where it finds such agreements to be practicable a locomotive, freight car, or other vehicle; ‘‘10942. Uniform accounting system. and in the public interest, or where such agree- ‘‘(2) the other terms of any arrangement for ‘‘10943. Depreciation charges. ments are necessary to provide competitive rail the use by a rail carrier of a locomotive, freight ‘‘10944. Records: form; inspection; preservation. service. The rail carriers entering into such an car, or other vehicle not owned by the rail car- ‘‘10945. Reports by rail carriers, lessors, and as- agreement shall establish the conditions and rier using the locomotive, freight car, or other sociations. compensation applicable to such agreement, but, vehicle, whether or not owned by another car- ‘‘SUBCHAPTER IV—RAILROAD COST if the rail carriers cannot agree upon such con- rier, shipper, or third person; and ACCOUNTING ditions and compensation within a reasonable ‘‘(3) sanctions for nonobservance. ‘‘10961. Implementation of cost accounting prin- period of time, the Panel may establish such ‘‘(b) The rate of compensation to be paid for ciples. conditions and compensation. each type of freight car shall be determined by ‘‘10962. Rail carrier cost accounting system. ‘‘(2) The Panel may require reciprocal switch- the expense of owning and maintaining that ‘‘10963. Cost availability. ing agreements entered into by rail carriers pur- type of freight car, including a fair return on its ‘‘10964. Accounting and cost reporting. suant to this subsection to contain provisions cost giving consideration to current costs of cap- ‘‘SUBCHAPTER I—GENERAL for the protection of the interests of employees ital, repairs, materials, parts, and labor. In de- REQUIREMENTS affected thereby. termining the rate of compensation, the Panel ‘‘§ 10901. Providing transportation, service, ‘‘(d) The Panel shall complete any proceeding shall consider the transportation use of each and rates under subsection (a) or (b) within 180 days after type of freight car, the national level of owner- the filing of the request for relief. ‘‘(a) A rail carrier providing transportation or ship of each type of freight car, and other fac- service subject to the jurisdiction of the Panel ‘‘§ 10903. Switch connections and tracks tors that affect the adequacy of the national under this part shall provide the transportation ‘‘(a) On application of the owner of a lateral freight car supply. or service on reasonable request. A rail carrier branch line of railroad, or of a shipper ten- ‘‘§ 10923. Rerouting traffic on failure of rail shall not be found to have violated this section dering interstate traffic for transportation, a carrier to serve the public because it fulfills its reasonable commitments rail carrier providing transportation subject to ‘‘(a) When the Panel considers that a rail car- under contracts authorized under section 10509 the jurisdiction of the Panel under this part rier providing transportation subject to the ju- of this title before responding to reasonable re- shall construct, maintain, and operate, on rea- risdiction of the Panel under this part cannot quests for service. Commitments which deprive a sonable conditions, a switch connection to con- transport the traffic offered to it in a manner carrier of its ability to respond to reasonable re- nect that branch line or private side track with that properly serves the public, the Panel may quests for common carrier service are not rea- its railroad and shall furnish cars to move that direct the handling, routing, and movement of sonable. traffic to the best of its ability without discrimi- the traffic of that rail carrier and its distribu- ‘‘(b) A rail carrier shall also provide to any nation in favor of or against the shipper when tion over other railroad lines to promote com- person, on request, rates and other service the connection— merce and service to the public. Subject to sub- terms. The response by a rail carrier to a request ‘‘(1) is reasonably practicable; section (b)(2) of this section, the rail carriers for rates and other service terms shall be— ‘‘(2) can be made safely; and may establish the terms of compensation be- ‘‘(1) in writing and forwarded to the request- ‘‘(3) will furnish sufficient business to justify tween themselves. ing person promptly after receipt of the request; its construction and maintenance. ‘‘(b)(1) Except as provided in paragraph (2) of or ‘‘(b) If a rail carrier fails to install and oper- this subsection, the Panel may act under this ‘‘(2) promptly made available in electronic ate a switch connection after application is section on its own initiative or on application form. made under subsection (a) of this section, the without regard to subchapter II of chapter 5 of ‘‘(c) A rail carrier may not increase any com- owner of the lateral branch line of railroad or mon carrier rates or change any common carrier title 5. the shipper may file a complaint with the Panel ‘‘(2) When the rail carriers do not agree on service terms unless 20 days have expired after under section 11501 of this title. The Panel shall written notice is provided in accordance with the terms of compensation under this section, investigate the complaint and decide the safety, the Panel may establish the terms for them in a subsection (d) to— practicability, justification, and compensation ‘‘(1) any person who has requested such rates later proceeding. to be paid for the connection. The Panel may di- ‘‘(c) When there is a shortage of equipment, or terms under subsection (b); and rect the rail carrier to comply with subsection ‘‘(2) any person who has made arrangements congestion of traffic, or other emergency de- (a) of this section only after a full hearing. with the carrier for a shipment that would be clared by the Panel, it may prescribe temporary subject to such increased rates or changed ‘‘SUBCHAPTER II—CAR SERVICE through routes that are desirable in the public terms. ‘‘§ 10921. Criteria interest on its own initiative or on application without regard to subchapter II of chapter 7 of ‘‘(d) The Panel shall, by regulation, establish ‘‘(a)(1) A rail carrier providing transportation this title, and subchapter II of chapter 5 of title rules to implement this section. Final regula- subject to the jurisdiction of the Panel under 5. tions shall be adopted by the Panel not later this part shall furnish safe and adequate car than 180 days after the date of the enactment of service and establish, observe, and enforce rea- ‘‘§ 10924. War emergencies; embargoes imposed the ICC Termination Act of 1995. sonable rules and practices on car service. The by carriers ‘‘§ 10902. Use of terminal facilities Panel may require a rail carrier to provide fa- ‘‘(a)(1) When the President, during time of ‘‘(a) The Panel may require terminal facilities, cilities and equipment that are reasonably nec- war or threatened war, notifies the Panel that including main-line tracks for a reasonable dis- essary to furnish safe and adequate car service it is essential to the defense and security of the H 12274 CONGRESSIONAL RECORD — HOUSE November 14, 1995 United States to give preference or priority to son’s relation to, or transaction with, that rail requirements of those carriers. To the extent the movement of certain traffic, the Panel shall carrier. such rules are required solely to provide expense direct that preference or priority be given to ‘‘(c) The Panel may prescribe the time period and revenue information necessary for deter- that traffic. during which operating, accounting, and finan- mining railroad costs in regulatory proceedings ‘‘(2) When the President, during time of war cial records must be preserved by rail carriers, under this part, such rules shall be promulgated or threatened war, demands that preference and lessors, and persons furnishing cars. in accordance with the cost accounting prin- precedence be given to the transportation of ‘‘§ 10945. Reports by rail carriers, lessors, and ciples established by the Railroad Accounting troops and material of war over all other traffic, associations Principles Board. ‘‘(b) Any reports required by the rules estab- all rail carriers providing transportation subject ‘‘(a) The Panel may require rail carriers, les- lished by the Panel under this section shall in- to the jurisdiction of the Panel under this part sors, and associations, or classes of them as the clude only information considered necessary for shall adopt every means within their control to Panel may prescribe, to file annual, periodic, disclosure under the cost accounting principles facilitate and expedite the military traffic. and special reports with the Panel containing established by the Board or under generally ac- ‘‘(b) An embargo imposed by any such rail answers to questions asked by it. cepted accounting principles or the requirements carrier does not apply to shipments consigned to ‘‘(b)(1) An annual report shall contain an ac- of the Securities and Exchange Commission. agents of the United States Government for its count, in as much detail as the Panel may re- use. The rail carrier shall deliver those ship- quire, of the affairs of the rail carrier, lessor, or ‘‘CHAPTER 111—FINANCE ments as promptly as possible. association for the 12-month period ending on ‘‘SUBCHAPTER I—EQUIPMENT TRUSTS ‘‘SUBCHAPTER III—REPORTS AND December 31 of each year. AND SECURITY INTERESTS RECORDS ‘‘(2) An annual report shall be filed with the ‘‘Sec. ‘‘§ 10941. Definitions Panel by the end of the third month after the ‘‘11101. Equipment trusts: recordation; evidence of indebtedness. ‘‘In this subchapter— end of the year for which the report is made un- ‘‘(1) the terms ‘rail carrier’ and ‘lessor’ in- less the Panel extends the filing date or changes ‘‘SUBCHAPTER II—COMBINATIONS clude a receiver or trustee of a rail carrier and the period covered by the report. The annual re- ‘‘11121. Scope of authority. lessor, respectively; port and, if the Panel requires, any other report ‘‘11122. Limitation on pooling and division of ‘‘(2) the term ‘lessor’ means a person owning made under this section, shall be made under transportation or earnings. a railroad that is leased to and operated by a oath. ‘‘11123. Consolidation, merger, and acquisition carrier providing transportation subject to the ‘‘SUBCHAPTER IV—RAILROAD COST of control. ‘‘11124. Consolidation, merger, and acquisition jurisdiction of the Panel under this part; and ACCOUNTING of control: conditions of approval. ‘‘(3) the term ‘association’ means an organiza- ‘‘§ 10961. Implementation of cost accounting ‘‘11125. Consolidation, merger, and acquisition tion maintained by or in the interest of a group principles of control: procedure. of rail carriers providing transportation or serv- ‘‘Not less than once every five years after the ‘‘11126. Employee protective arrangements in ice subject to the jurisdiction of the Panel under promulgation of original rules implementing the transactions involving rail car- this part that performs a service, or engages in cost accounting principles established by the riers. activities, related to transportation under this Railroad Accounting Principles Board, the ‘‘11127. Supplemental orders. part. Panel shall review such principles and shall, by ‘‘SUBCHAPTER I—EQUIPMENT TRUSTS ‘‘§ 10942. Uniform accounting system rule, make such changes in such principles as AND SECURITY INTERESTS are required to achieve the regulatory purposes ‘‘The Panel may prescribe a uniform account- ‘‘§ 11101. Equipment trusts: recordation; evi- of this part. The Panel shall insure that the ing system for classes of rail carriers providing dence of indebtedness rules promulgated under this section are the transportation subject to the jurisdiction of the ‘‘(a) A mortgage, lease equipment trust agree- Panel under this part. To the maximum extent most efficient and least burdensome means by which the required information may be devel- ment, conditional sales agreement, or other in- practicable, the Panel shall conform such sys- strument evidencing the mortgage, lease, condi- tem to generally accepted accounting principles, oped for regulatory purposes. To the maximum extent practicable, the Panel shall conform such tional sale, or bailment of or security interest in and shall administer this subchapter in accord- railroad cars, locomotives, or other rolling stock, ance with such principles. rules to generally accepted accounting prin- ciples. or accessories used on such railroad cars, loco- ‘‘§ 10943. Depreciation charges motives, or other rolling stock (including super- ‘‘§ 10962. Rail carrier cost accounting system ‘‘The Panel shall, for a class of rail carriers structures and racks), intended for a use related providing transportation subject to its jurisdic- ‘‘(a) Each rail carrier shall have and maintain to interstate commerce shall be filed with the tion under this part, prescribe, and change a cost accounting system that is in compliance Panel in order to perfect the security interest when necessary, those classes of property for with the rules promulgated by the Panel under that is the subject of such instrument. An as- which depreciation charges may be included section 10961 of this title. A rail carrier may, signment of a right or interest under one of under operating expenses and a rate of depre- after notifying the Panel, make modifications in those instruments and an amendment to that in- ciation that may be charged to a class of prop- such system unless, within 60 days after the strument or assignment including a release, dis- erty. The Panel may classify those rail carriers date of notification, the Panel finds such modi- charge, or satisfaction of any part of it shall for purposes of this section. A rail carrier for fications to be inconsistent with the rules pro- also be filed with the Panel. The instrument, as- whom depreciation charges and rates of depre- mulgated by the Panel under section 10961 of signment, or amendment must be in writing, exe- ciation are in effect under this section for any this title. cuted by the parties to it, and acknowledged or class of property may not— ‘‘(b) For purposes of determining whether the verified under Panel regulations. When filed ‘‘(1) charge to operating expenses a deprecia- cost accounting system of a rail carrier is in under this section, that document is notice to, tion charge on a class of property other than compliance with the rules promulgated by the and enforceable against, all persons. A docu- that prescribed by the Panel; Panel, the Panel shall have the right to examine ment filed under this section does not have to be ‘‘(2) charge another rate of depreciation; or and make copies of any documents, papers, or filed, deposited, registered, or recorded under ‘‘(3) include other depreciation charges in op- records of such rail carrier relating to compli- another law of the United States, a State (or its erating expenses. ance with such rules. Such documents, papers, political subdivisions), or territory or possession and records (and any copies thereof) shall not of the United States, related to filing, deposit, ‘‘§ 10944. Records: form; inspection; preserva- be subject to the mandatory disclosure require- registration, or recordation of those documents. tion ments of section 552 of title 5. ‘‘(b) The Panel shall maintain a system for re- ‘‘(a) The Panel may prescribe the form of ‘‘§ 10963. Cost availability cording each document filed under subsection records required to be prepared or compiled ‘‘As required by the rules of the Panel govern- (a) of this section and mark each of them with under this subchapter— ing discovery in Panel proceedings, rail carriers a consecutive number and the date and hour of ‘‘(1) by rail carriers and lessors, including shall make relevant cost data available to ship- their recordation. The Panel shall maintain and records related to movement of traffic and re- pers, States, ports, communities, and other in- keep open for public inspection an index of doc- ceipts and expenditures of money; and terested parties that are a party to a Panel pro- uments filed under that subsection. That index ‘‘(2) by persons furnishing cars to or for a rail ceeding in which such data are required. shall include the name and address of the prin- carrier providing transportation subject to the cipal debtors, trustees, guarantors, and other jurisdiction of the Panel under this part to the ‘‘§ 10964. Accounting and cost reporting parties to those documents and may include extent related to those cars or that service. ‘‘(a) To obtain expense and revenue informa- other facts that will assist in determining the ‘‘(b) The Panel, or an employee designated by tion for regulatory purposes, the Panel may pro- rights of the parties to those transactions. the Panel, may on demand and display of prop- mulgate reasonable rules for rail carriers provid- ‘‘(c) The Panel shall to the greatest extent er credentials— ing transportation subject to the jurisdiction of practicable perform its functions under this sec- ‘‘(1) inspect and examine the lands, buildings, the Panel under this part, prescribing expense tion through contracts with private sector enti- and equipment of a rail carrier or lessor; and and revenue accounting and reporting require- ties. ‘‘(2) inspect and copy any record of— ments consistent with generally accepted ac- ‘‘(d) The Panel shall assess user fees for serv- ‘‘(A) a rail carrier, lessor, or association; and counting principles uniformly applied to such ices performed by the Panel or a contractor ‘‘(B) a person controlling, controlled by, or carriers. Such requirements shall be cost effec- thereof under this section. Such fees may be under common control with a rail carrier if the tive and compatible with and not duplicative of used by the Panel to offset its costs, to the ex- Panel considers inspection relevant to that per- the managerial and responsibility accounting tent provided in advance in appropriations Acts. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12275 ‘‘(e) A mortgage, lease, equipment trust agree- ‘‘(1) Consolidation or merger of the properties the transaction, including the divestiture of par- ment, conditional sales agreement, or other in- or franchises of at least 2 rail carriers into one allel tracks or requiring the granting of trackage strument evidencing the mortgage, lease, condi- corporation for the ownership, management, rights and access to other facilities. Any track- tional sale, or bailment of or security interest in and operation of the previously separately age rights and related conditions imposed to al- railroad cars, locomotives, or other rolling stock, owned properties. leviate anticompetitive effects of the transaction or accessories used on such railroad cars, loco- ‘‘(2) A purchase, lease, or contract to operate shall provide for operating terms and compensa- motives, or other rolling stock (including super- property of another rail carrier by any number tion levels to ensure that such effects are allevi- structures and racks), or any assignment there- of rail carriers. ated. When the transaction contemplates a of, which— ‘‘(3) Acquisition of control of a rail carrier by guaranty or assumption of payment of dividends ‘‘(1) is duly constituted under the laws of a any number of rail carriers. or of fixed charges or will result in an increase country other than the United States; and ‘‘(4) Acquisition of control of at least 2 rail of total fixed charges, the Panel may approve ‘‘(2) relates to property that bears the report- carriers by a person that is not a rail carrier. and authorize the transaction only if it finds ing marks and identification numbers of any ‘‘(5) Acquisition of control of a rail carrier by that the guaranty, assumption, or increase is person domiciled in or corporation organized a person that is not a rail carrier but that con- consistent with the public interest. The Panel under the laws of such country, trols any number of rail carriers. may require inclusion of other rail carriers lo- shall be recognized with the same effect as hav- ‘‘(6) Acquisition by a rail carrier of trackage cated in the area involved in the transaction if ing been filed under this section. rights over, or joint ownership in or joint use of, they apply for inclusion and the Panel finds ‘‘(f) Interests with respect to which documents a railroad line (and terminals incidental to it) their inclusion to be consistent with the public are filed or recognized under this section are owned or operated by another rail carrier. interest. deemed perfected in all jurisdictions, and shall ‘‘(b) A person may carry out a transaction re- ‘‘(d) In a proceeding under this section which be governed by applicable State or foreign law ferred to in subsection (a) of this section or par- does not involve the merger or control of at least in all matters not specifically governed by this ticipate in achieving the control or management, two Class I railroads, as defined by the Panel, section. including the power to exercise control or man- the Panel shall approve such an application un- ‘‘(g) The Panel shall collect, maintain, and agement, in a common interest of more than one less it finds that— keep open for public inspection a railway equip- of those rail carriers, regardless of how that re- ‘‘(1) as a result of the transaction, there is ment register consistent with the manner and sult is reached, only with the approval and au- likely to be substantial lessening of competition, format maintained by the Interstate Commerce thorization of the Panel under this subchapter. creation of a monopoly, or restraint of trade in Commission as of the date of the enactment of In addition to other transactions, each of the freight surface transportation in any region of the ICC Termination Act of 1995. following transactions are considered achieve- the United States; and ‘‘(2) the anticompetitive effects of the trans- ‘‘SUBCHAPTER II—COMBINATIONS ments of control or management: ‘‘(1) A transaction by a rail carrier that has action outweigh the public interest in meeting ‘‘§ 11121. Scope of authority the effect of putting that rail carrier and person significant transportation needs. ‘‘(a) The authority of the Panel under this affiliated with it, taken together, in control of In making such findings, the Panel shall, with subchapter is exclusive. A rail carrier or cor- another rail carrier. respect to any application that is part of a plan poration participating in or resulting from a ‘‘(2) A transaction by a person affiliated with or proposal developed under section 333(a)–(d) transaction approved by or exempted by the a rail carrier that has the effect of putting that of this title, accord substantial weight to any Panel under this subchapter may carry out the rail carrier and persons affiliated with it, taken recommendations of the Attorney General. transaction, own and operate property, and ex- together, in control of another rail carrier. ‘‘(e)(1) To the extent provided in this sub- ercise control or franchises acquired through the ‘‘(3) A transaction by at least 2 persons acting section, a proceeding under this subchapter re- transaction without the approval of a State au- together (one of whom is a rail carrier or is af- lating to a transaction involving at least one thority. A rail carrier, corporation, or person filiated with a rail carrier) that has the effect of Class I rail carrier shall not be considered an participating in that approved or exempted putting those persons and rail carriers and per- adjudication required by statute to be deter- transaction is exempt from the antitrust laws sons affiliated with any of them, or with any of mined on the record after opportunity for an and from all other law, including State and mu- those affiliated rail carriers, taken together, in agency hearing, for the purposes of subchapter nicipal law, as necessary to let that rail carrier, control of another rail carrier. II of chapter 5 of title 5, United States Code. corporation, or person carry out the trans- ‘‘(c) A person is affiliated with a rail carrier ‘‘(2) Ex parte communications, as defined in action, hold, maintain, and operate property, under this subchapter if, because of the rela- section 551(14) of title 5, United States Code, and exercise control or franchises acquired tionship between that person and a rail carrier, shall be permitted in proceedings described in through the transaction. it is reasonable to believe that the affairs of an- paragraph (1) of this subsection, subject to the ‘‘(b) The requirement to obtain the approval other rail carrier, control of which may be ac- requirements of paragraph (3) of this subsection. ‘‘(3)(A) Any member or employee of the Panel or authorization of the Panel under this sub- quired by that person, will be managed in the who makes or receives a written ex parte com- chapter (except section 11122) shall only apply interest of the other rail carrier. to transactions involving at least one Class I munication concerning the merits of a proceed- rail carrier, and shall not apply to transactions ‘‘§ 11124. Consolidation, merger, and acquisi- ing described in paragraph (1) shall promptly described in section 10702. tion of control: conditions of approval place the communication in the public docket of ‘‘(a) The Panel may begin a proceeding to ap- the proceeding. ‘‘§ 11122. Limitation on pooling and division prove and authorize a transaction referred to in ‘‘(B) Any member or employee of the Panel of transportation or earnings section 11123 of this title on application of the who makes or receives an oral ex parte commu- ‘‘(a) A rail carrier providing transportation person seeking that authority. When an appli- nication concerning the merits of a proceeding subject to the jurisdiction of the Panel under cation is filed with the Panel, the Panel shall described in paragraph (1) shall promptly place this part may not agree or combine with another notify the chief executive officer of each State in a written summary of the oral communication in of those rail carriers to pool or divide traffic or which property of the rail carriers involved in the public docket of the proceeding. services or any part of their earnings without the proposed transaction is located and shall ‘‘(4) Nothing in this subsection shall be con- the approval of the Panel under this section or notify those rail carriers. The Panel shall hold strued to require the Panel or any of its mem- section 10923 of this title. The Panel may ap- a public hearing unless the Panel determines bers or employees to engage in any ex parte prove and authorize the agreement or combina- that a public hearing is not necessary in the communication with any person. Nothing in this tion if the rail carriers involved assent to the public interest. subsection or any other law shall be construed pooling or division and the Panel finds that a ‘‘(b) In a proceeding under this section which to limit the authority of the members or employ- pooling or division of traffic, services, or earn- involves the merger or control of at least two ees of the Panel, in their discretion, to note in ings— Class I railroads, as defined by the Panel, the the docket or otherwise publicly the occurrence ‘‘(1) will be in the interest of better service to Panel shall consider at least— and substance of an ex parte communication. the public or of economy of operation; and ‘‘(1) the effect of the proposed transaction on ‘‘§ 11125. Consolidation, merger, and acquisi- ‘‘(2) will not unreasonably restrain competi- the adequacy of transportation to the public; tion of control: procedure tion. ‘‘(2) the effect on the public interest of includ- ‘‘(b) The Panel may impose conditions govern- ‘‘(a) The Panel shall publish notice of the ap- ing, or failing to include, other rail carriers in ing the pooling or division and may approve plication under section 11124 in the Federal Reg- the area involved in the proposed transaction; and authorize payment of a reasonable consid- ister by the end of the 30th day after the appli- ‘‘(3) the total fixed charges that result from cation is filed with the Panel. However, if the eration between the rail carriers. the proposed transaction; ‘‘(c) The Panel may begin a proceeding under application is incomplete, the Panel shall reject ‘‘(4) the interest of rail carrier employees af- this section on its own initiative or on applica- it by the end of that period. The order of rejec- fected by the proposed transaction; and tion. tion is a final action of the Panel. The pub- ‘‘(5) whether the proposed transaction would lished notice shall indicate whether the applica- ‘‘§ 11123. Consolidation, merger, and acquisi- have an adverse effect on competition among tion involves— tion of control rail carriers in the affected region or in the na- ‘‘(1) the merger or control of at least two Class ‘‘(a) The following transactions involving rail tional rail system. I railroads, as defined by the Panel, to be de- carriers providing transportation subject to the ‘‘(c) The Panel shall approve and authorize a cided within the time limits specified in sub- jurisdiction of the Panel under this part may be transaction under this section when it finds the section (b) of this section; carried out only with the approval and author- transaction is consistent with the public inter- ‘‘(2) transactions of regional or national ization of the Panel: est. The Panel may impose conditions governing transportation significance, to be decided within H 12276 CONGRESSIONAL RECORD — HOUSE November 14, 1995 the time limits specified in subsection (c) of this resentative of its employees. The arrangement cannot be determined to the satisfaction of the section; or and the order approving the transaction must district court through the random-sampling ‘‘(3) any other transaction covered by this sec- require that the employees of the affected rail method known as a sales assessment ratio study tion, to be decided within the time limits speci- carrier will not be in a worse position related to (to be carried out under statistical principles ap- fied in subsection (d) of this section. their employment as a result of the transaction plicable to such a study), the court shall find, ‘‘(b) If the application involves the merger or during the 4 years following the effective date of as a violation of this section— control of two or more Class I railroads, as de- the final action of the Panel (or if an employee ‘‘(1) an assessment of the rail transportation fined by the Panel, the following conditions was employed for a lesser period of time by the property at a value that has a higher ratio to apply: rail carrier before the action became effective, the true market value of the rail transportation ‘‘(1) Written comments about an application for that lesser period). property than the assessed value of all other may be filed with the Panel within 45 days after ‘‘§ 11127. Supplemental orders property subject to a property tax levy in the as- notice of the application is published under sub- sessment jurisdiction has to the true market ‘‘When cause exists, the Panel may make ap- section (a) of this section. Copies of such com- value of all other commercial and industrial propriate orders supplemental to an order made ments shall be served on the Attorney General, property; and in a proceeding under sections 11122 through who may decide to intervene as a party to the ‘‘(2) the collection of an ad valorem property 11126 of this title. proceeding. That decision must be made by the tax on the rail transportation property at a tax 15th day after the date of receipt of the written ‘‘CHAPTER 113—FEDERAL-STATE rate that exceeds the tax ratio rate applicable to comments, and if the decision is to intervene, RELATIONS taxable property in the taxing district. preliminary comments about the application ‘‘Sec. ‘‘§ 11302. Withholding State and local income must be sent to the Panel by the end of the 15th ‘‘11301. Tax discrimination against rail trans- tax by rail carriers day after the date of receipt of the written com- portation property. ‘‘(a) No part of the compensation paid by a ments. ‘‘11302. Withholding State and local income tax rail carrier providing transportation subject to ‘‘(2) The Panel shall require that applications by rail carriers. the jurisdiction of the Panel under this part to inconsistent with an application, notice of ‘‘§ 11301. Tax discrimination against rail an employee who performs regularly assigned which was published under subsection (a) of transportation property duties as such an employee on a railroad in this section, and applications for inclusion in ‘‘(a) In this section— more than one State shall be subject to the in- the transaction, be filed with it by the 90th day ‘‘(1) the term ‘assessment’ means valuation for come tax laws of any State or subdivision of after publication of notice under that sub- a property tax levied by a taxing district; that State, other than the State or subdivision section. ‘‘(2) the term ‘assessment jurisdiction’ means a thereof of the employee’s residence. ‘‘(3) The Panel must conclude evidentiary pro- geographical area in a State used in determin- ‘‘(b) A rail carrier withholding pay from an ceedings by the end of the 6th month after the ing the assessed value of property for ad valo- employee under subsection (a) of this section date of publication of notice under subsection rem taxation; shall file income tax information returns and (a) of this section. The Panel must issue a final ‘‘(3) the term ‘rail transportation property’ other reports only with the State and subdivi- decision by the 90th day after the date on which means property, as defined by the Panel, owned sion of residence of the employee. it concludes the evidentiary proceedings. or used by a rail carrier providing transpor- ‘‘CHAPTER 115—ENFORCEMENT: ‘‘(c) If the application involves a transaction tation subject to the jurisdiction of the Panel INVESTIGATIONS, RIGHTS, AND REMEDIES other than the merger or control of at least two under this part; and ‘‘Sec. Class I railroads, as defined by the Panel, which ‘‘(4) the term ‘commercial and industrial prop- ‘‘11501. General authority. the Panel has determined to be of regional or erty’ means property, other than transportation ‘‘11502. Enforcement by the Panel. national transportation significance, the follow- property and land used primarily for agricul- ‘‘11503. Enforcement by the Attorney General. ing conditions apply: tural purposes or timber growing, devoted to a ‘‘11504. Rights and remedies of persons injured ‘‘(1) Written comments about an application, commercial or industrial use and subject to a by rail carriers. including comments of the Attorney General, property tax levy. ‘‘11505. Limitation on actions by and against may be filed with the Panel within 30 days after ‘‘(b) The following acts unreasonably burden rail carriers. notice of the application is published under sub- and discriminate against interstate commerce, ‘‘11506. Liability of rail carriers under receipts section (a) of this section. and a State, subdivision of a State, or authority and bills of lading. ‘‘(2) The Panel shall require that applications acting for a State or subdivision of a State may ‘‘§ 11501. General authority inconsistent with an application, notice of not do any of them: ‘‘(a) Except as otherwise provided in this part, which was published under subsection (a) of ‘‘(1) Assess rail transportation property at a the Panel may begin an investigation under this this section, and applications for inclusion in value that has a higher ratio to the true market part only on complaint. If the Panel finds that the transaction, be filed with it by the 60th day value of the rail transportation property than a rail carrier is violating this part, the Panel after publication of notice under that sub- the ratio that the assessed value of other com- shall take appropriate action to compel compli- section. mercial and industrial property in the same as- ance with this part. ‘‘(3) The Panel must conclude any evidentiary sessment jurisdiction has to the true market ‘‘(b) A person, including a governmental au- proceedings by the 125th day after the date of value of the other commercial and industrial thority, may file with the Panel a complaint publication of notice under subsection (a) of this property. about a violation of this part by a rail carrier section. The Panel must issue a final decision by ‘‘(2) Levy or collect a tax on an assessment providing transportation or service subject to the 40th day after the date on which it con- that may not be made under paragraph (1) of the jurisdiction of the Panel under this part. cludes the evidentiary proceedings. this subsection. The complaint must state the facts that are the ‘‘(d) For all applications under this section ‘‘(3) Levy or collect an ad valorem property subject of the violation. The Panel may dismiss other than those specified in subsections (b) and tax on rail transportation property at a tax rate a complaint it determines does not state reason- (c) of this section, the following conditions that exceeds the tax rate applicable to commer- able grounds for investigation and action. How- apply: cial and industrial property in the same assess- ever, the Panel may not dismiss a complaint ‘‘(1) Written comments about an application, ment jurisdiction. made against a rail carrier providing transpor- including comments of the Attorney General, ‘‘(4) Impose another tax that discriminates tation subject to the jurisdiction of the Panel may be filed with the Panel within 30 days after against a rail carrier providing transportation under this part because of the absence of direct notice of the application is published under sub- subject to the jurisdiction of the Panel under damage to the complainant. section (a) of this section. this part. ‘‘(c) A formal investigative proceeding begun ‘‘(2) The Panel must conclude any evidentiary ‘‘(c) Notwithstanding section 1341 of title 28 by the Panel under subsection (a) of this section proceedings by the 105th day after the date of and without regard to the amount in con- is dismissed automatically unless it is concluded publication of notice under subsection (a) of this troversy or citizenship of the parties, a district by the Panel with administrative finality by the section. The Panel must issue a final decision by court of the United States has jurisdiction, con- end of the third year after the date on which it the 40th day after the date on which it con- current with other jurisdiction of courts of the was begun. cludes the evidentiary proceedings. United States and the States, to prevent a viola- ‘‘§ 11502. Enforcement by the Panel ‘‘§ 11126. Employee protective arrangements in tion of subsection (b) of this section. Relief may ‘‘The Panel may bring a civil action— transactions involving rail carriers be granted under this subsection only if the ‘‘(1) to enjoin a rail carrier from violating sec- ‘‘When approval is sought for a transaction ratio of assessed value to true market value of tions 10701 through 10706 of this title, or a regu- under sections 11124 and 11125 of this title, the rail transportation property exceeds by at least lation prescribed or order or certificate issued Panel shall require the rail carrier to provide a 5 percent the ratio of assessed value to true mar- under any of those sections; fair arrangement at least as protective of the in- ket value of other commercial and industrial ‘‘(2) to enforce subchapter II of chapter 111 of terests of employees who are affected by the property in the same assessment jurisdiction. this title and to compel compliance with the transaction as the terms imposed under section The burden of proof in determining assessed order of the Panel under that subchapter; and 5(2)(f) of the Interstate Commerce Act before value and true market value is governed by ‘‘(3) to enforce an order of the Panel, except February 5, 1976, and the terms established State law. If the ratio of the assessed value of a civil action to enforce an order for the pay- under section 24706(c) of this title. Notwith- other commercial and industrial property in the ment of money, when it is violated by a rail car- standing this part, the arrangement may be assessment jurisdiction to the true market value rier providing transportation subject to the ju- made by the rail carrier and the authorized rep- of all other commercial and industrial property risdiction of the Panel under this part. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12277 ‘‘§ 11503. Enforcement by the Attorney General ‘‘§ 11505. Limitation on actions by and ‘‘(c)(1) A rail carrier may not limit or be ex- ‘‘The Attorney General may, and on request against rail carriers empt from liability imposed under subsection (a) of the Panel shall, bring court proceedings to ‘‘(a) A rail carrier providing transportation or of this section except as provided in this sub- enforce this part, or a regulation or order of the service subject to the jurisdiction of the Panel section. A limitation of liability or of the Panel or certificate or permit issued under this under this part must begin a civil action to re- amount of recovery or representation or agree- part, and to prosecute a person violating this cover charges for transportation or service pro- ment in a receipt, bill of lading, contract, or rule part or a regulation or order of the Panel or cer- vided by the carrier within 3 years after the in violation of this section is void. tificate or permit issued under this part. claim accrues. ‘‘(2) A rail carrier of passengers may limit its ‘‘(b) A person must file a complaint with the liability under its passenger rate for loss or in- ‘‘§ 11504. Rights and remedies of persons in- Panel to recover damages under section 11504(b) jury of baggage carried on trains carrying pas- jured by rail carriers of this title within 2 years after the claim ac- sengers. ‘‘(a) A person injured because a rail carrier crues. ‘‘(3) A rail carrier providing transportation or providing transportation or service subject to ‘‘(c) The limitation period under subsection service subject to the jurisdiction of the Panel the jurisdiction of the Panel under this part (b) of this section is extended for 6 months from under this part may establish rates for transpor- does not obey an order of the Panel, except an the time written notice is given to the claimant tation of property under which— order for the payment of money, may bring a by the rail carrier of disallowance of any part of ‘‘(A) the liability of the rail carrier for such civil action in a United States District Court to the claim specified in the notice if a written property is limited to a value established by enforce that order under this subsection. claim is given to the rail carrier within that lim- written declaration of the shipper or by a writ- ‘‘(b) A rail carrier providing transportation itation period. The limitation period under sub- ten agreement between the shipper and the car- subject to the jurisdiction of the Panel under section (b) of this section is extended for 90 days rier; or this part is liable for damages sustained by a from the time the rail carrier begins a civil ac- ‘‘(B) specified amounts are deducted, pursu- person as a result of an act or omission of that tion under subsection (a) of this section to re- ant to a written agreement between the shipper carrier in violation of this part. cover charges related to the same transportation and the carrier, from any claim against the car- ‘‘(c)(1) A person may file a complaint with the or service, or collects (without beginning a civil rier with respect to the transportation of such Panel under section 11501(b) of this title or bring action under that subsection) the charge for property. a civil action under subsection (b) of this section that transportation or service if that action is ‘‘(d)(1) A civil action under this section may to enforce liability against a rail carrier provid- begun or collection is made within the appro- be brought in a district court of the United ing transportation subject to the jurisdiction of priate period. States or in a State court. the Panel under this part. ‘‘(d) A person must begin a civil action to en- ‘‘(2)(A) A civil action under this section may ‘‘(2) When the Panel makes an award under force an order of the Panel against a rail carrier only be brought— subsection (b) of this section, the Panel shall for the payment of money within one year after ‘‘(i) against the originating rail carrier, in the order the rail carrier to pay the amount award- the date the order required the money to be judicial district in which the point of origin is ed by a specific date. The Panel may order a rail paid. located; carrier providing transportation subject to the ‘‘(e) This section applies to transportation for ‘‘(ii) against the delivering rail carrier, in the jurisdiction of the Panel under this part to pay the United States Government. The time limita- judicial district in which the principal place of damages only when the proceeding is on com- tions under this section are extended, as related business of the person bringing the action is lo- plaint. The person for whose benefit an order of to transportation for or on behalf of the United cated if the delivering carrier operates a rail- the Panel requiring the payment of money is States Government, for 3 years from the date road or a route through such judicial district, or made may bring a civil action to enforce that of— in the judicial district in which the point of des- order under this paragraph if the rail carrier ‘‘(1) payment of the rate for the transpor- tination is located; and does not pay the amount awarded by the date tation or service involved; ‘‘(iii) against the carrier alleged to have ‘‘(2) subsequent refund for overpayment of payment was ordered to be made. caused the loss or damage, in the judicial dis- that rate; or trict in which such loss or damage is alleged to ‘‘(d)(1) When a person begins a civil action ‘‘(3) deduction made under section 3726 of title have occurred. under subsection (b) of this section to enforce an 31, whichever is later. order of the Panel requiring the payment of ‘‘(f) A claim related to a shipment of property ‘‘(B) In this section, ‘judicial district’ means damages by a rail carrier providing transpor- accrues under this section on delivery or tender (i) in the case of a United States district court, tation subject to the jurisdiction of the Panel of delivery by the rail carrier. a judicial district of the United States, and (ii) under this part, the text of the order of the in the case of a State court, the applicable geo- Panel must be included in the complaint. In ad- ‘‘§ 11506. Liability of rail carriers under re- graphic area over which such court exercises ju- dition to the district courts of the United States, ceipts and bills of lading risdiction. a State court of general jurisdiction having ju- ‘‘(a) A rail carrier providing transportation or ‘‘(e) A rail carrier may not provide by rule, risdiction of the parties has jurisdiction to en- service subject to the jurisdiction of the Panel contract, or otherwise, a period of less than 9 force an order under this paragraph. The find- under this part shall issue a receipt or bill of months for filing a claim against it under this ings and order of the Panel are competent evi- lading for property it receives for transportation section and a period of less than 2 years for dence of the facts stated in them. Trial in a civil under this part. That rail carrier and any other bringing a civil action against it under this sec- action brought in a district court of the United rail carrier that delivers the property and is pro- tion. The period for bringing a civil action is States under this paragraph is in the judicial viding transportation or service subject to the computed from the date the carrier gives a per- district— jurisdiction of the Panel under this part are lia- son written notice that the carrier has dis- ‘‘(A) in which the plaintiff resides; ble to the person entitled to recover under the allowed any part of the claim specified in the receipt or bill of lading. The liability imposed ‘‘(B) in which the principal operating office of notice. For the purposes of this subsection— under this subsection is for the actual loss or in- the rail carrier is located; or ‘‘(1) an offer of compromise shall not con- jury to the property caused by— stitute a disallowance of any part of the claim ‘‘(C) through which the railroad line of that ‘‘(1) the receiving rail carrier; carrier runs. unless the carrier, in writing, informs the claim- ‘‘(2) the delivering rail carrier; or ant that such part of the claim is disallowed In a civil action under this paragraph, the ‘‘(3) another rail carrier over whose line or and provides reasons for such disallowance; and plaintiff is liable for only those costs that accrue route the property is transported in the United ‘‘(2) communications received from a carrier’s on an appeal taken by the plaintiff. States or from a place in the United States to a insurer shall not constitute a disallowance of ‘‘(2) All parties in whose favor the award was place in an adjacent foreign country when any part of the claim unless the insurer, in writ- made may be joined as plaintiffs in a civil action transported under a through bill of lading. ing, informs the claimant that such part of the brought in a district court of the United States Failure to issue a receipt or bill of lading does claim is disallowed, provides reasons for such under this subsection and all the rail carriers not affect the liability of a rail carrier. A deliv- disallowance, and informs the claimant that the that are parties to the order awarding damages ering rail carrier is deemed to be the rail carrier insurer is acting on behalf of the carrier. may be joined as defendants. Trial in the action performing the line-haul transportation nearest ‘‘CHAPTER 117—CIVIL AND CRIMINAL is in the judicial district in which any one of the the destination but does not include a rail car- PENALTIES plaintiffs could bring the action against any one rier providing only a switching service at the of the defendants. Process may be served on a destination. ‘‘Sec. defendant at its principal operating office when ‘‘(b) The rail carrier issuing the receipt or bill ‘‘11701. General civil penalties. that defendant is not in the district in which the of lading under subsection (a) of this section or ‘‘11702. Interference with railroad car supply. action is brought. A judgment ordering recovery delivering the property for which the receipt or ‘‘11703. Record keeping and reporting viola- may be made in favor of any of those plaintiffs bill of lading was issued is entitled to recover tions. against the defendant found to be liable to that from the rail carrier over whose line or route the ‘‘11704. Unlawful disclosure of information. plaintiff. loss or injury occurred the amount required to ‘‘11705. Disobedience to subpoenas. ‘‘(3) The district court shall award a reason- be paid to the owners of the property, as evi- ‘‘11706. General criminal penalty when specific able attorney’s fee as a part of the damages for denced by a receipt, judgment, or transcript, penalty not provided. which a rail carrier is found liable under this and the amount of its expenses reasonably in- ‘‘11707. Punishment of corporation for viola- subsection. The district court shall tax and col- curred in defending a civil action brought by tions committed by certain indi- lect that fee as a part of the costs of the action. that person. viduals. H 12278 CONGRESSIONAL RECORD — HOUSE November 14, 1995 ‘‘§ 11701. General civil penalties tion, or movement of cars, vehicles, or vessels ing transportation subject to the jurisdiction of ‘‘(a) Except as otherwise provided in this sec- used in the transportation of property; or the Panel under this part, and when that rail tion, a rail carrier providing transportation sub- ‘‘(2) because of the action of that person, carrier is a corporation, a director or officer of ject to the jurisdiction of the Panel under this shall be fined not more than $1,000, imprisoned the corporation, or a receiver, trustee, lessee, or part, an officer or agent of that rail carrier, or for not more than 2 years, or both. person acting for or employed by the corpora- a receiver, trustee, lessee, or agent of one of ‘‘§ 11703. Record keeping and reporting viola- tion that, alone or with another person, will- them, knowingly violating an order of the Panel tions fully violates this part or an order prescribed under this part is liable to the United States ‘‘A person required to make a report to the under this part, shall be fined not more than Government for a civil penalty of $5,000 for each Panel, or make, prepare, or preserve a record, $5,000. However, if the violation is for discrimi- violation. Liability under this subsection is in- under subchapter III of chapter 109 of this title nation in rates charged for transportation, the curred for each distinct violation. A separate about transportation subject to the jurisdiction person may be imprisoned for not more than 2 violation occurs for each day the violation con- of the Panel under this part that knowingly and years in addition to being fined under this sec- tinues. willfully— tion. A separate violation occurs each day a vio- ‘‘(b) A rail carrier providing transportation ‘‘(1) makes a false entry in the report or lation of section 11122 of this title continues. subject to the jurisdiction of the Panel under record; ‘‘§ 11707. Punishment of corporation for viola- this part, or a receiver or trustee of that rail ‘‘(2) destroys, mutilates, changes, or by an- tions committed by certain individuals carrier, violating a regulation or order of the other means falsifies the record; ‘‘(3) does not enter business related facts and ‘‘An act or omission that would be a violation Panel under section 10924 (a)(2) or (b) of this transactions in the record; of this part if committed by a director, officer, title is liable to the United States Government ‘‘(4) makes, prepares, or preserves the record receiver, trustee, lessee, agent, or employee of a for a civil penalty of $500 for each violation and in violation of a regulation or order of the rail carrier providing transportation or service for $25 for each day the violation continues. Panel; or subject to the jurisdiction of the Panel under ‘‘(c) A person knowingly authorizing, con- ‘‘(5) files a false report or record with the this part that is a corporation is also a violation senting to, or permitting a violation of sections Panel, of this part by that corporation. The penalties 10701 through 10706 of this title or of a require- shall be fined not more than $5,000, imprisoned of this chapter apply to that violation. When ment or a regulation under any of those sec- for not more than 2 years, or both. acting in the scope of their employment, the ac- tions, is liable to the United States Government ‘‘§ 11704. Unlawful disclosure of information tions and omissions of individuals acting for or for a civil penalty of not more than $5,000. employed by that rail carrier are considered to ‘‘(a) A— ‘‘(d) A rail carrier, receiver, or operating be the actions and omissions of that rail carrier trustee violating an order or direction of the ‘‘(1) rail carrier providing transportation sub- ject to the jurisdiction of the Panel under this as well as that individual.’’. Panel under section 10923 or 10924(a)(1) of this (b) CONFORMING AMENDMENT.—The item re- part, or an officer, agent, or employee of that title is liable to the United States Government lating to subtitle IV in the table of subtitles of rail carrier, or another person authorized to re- for a civil penalty of at least $100 but not more title 49, United States Code, is amended by strik- than $500 for each violation and for $50 for each ceive information from that rail carrier, that knowingly discloses to another person, except ing ‘‘Commerce’’ and inserting in lieu thereof day the violation continues. ‘‘Transportation’’. ‘‘(e)(1) A person required under subchapter III the shipper or consignee; or ‘‘(2) a person who solicits or knowingly re- SEC. 103. MOTOR CARRIER, WATER CARRIER, AND of chapter 109 of this title to make, prepare, pre- ceives, FREIGHT FORWARDER PROVISIONS. serve, or submit to the Panel a record concern- Subtitle IV of title 49, United States Code, is information described in subsection (b) without ing transportation subject to the jurisdiction of further amended by adding at the end the fol- the consent of the shipper or consignee shall be the Panel under this part that does not make, lowing: prepare, preserve, or submit that record as re- fined not more than $1,000. ‘‘(b) The information referred to in subsection ‘‘PART B—MOTOR CARRIERS, WATER CAR- quired under that subchapter, is liable to the (a) is information about the nature, kind, quan- RIERS, BROKERS, AND FREIGHT FOR- United States Government for a civil penalty of tity, destination, consignee, or routing of prop- WARDERS $500 for each violation. erty tendered or delivered to that rail carrier for ‘‘(2) A rail carrier providing transportation ‘‘CHAPTER 131—GENERAL PROVISIONS transportation provided under this part, or in- subject to the jurisdiction of the Panel under ‘‘Sec. formation about the contents of a contract au- this part, and a lessor, receiver, or trustee of ‘‘13101. Transportation policy. thorized under section 10509 of this title, that that rail carrier, violating section 10944(b)(1) of ‘‘13102. Definitions. may be used to the detriment of the shipper or this title, is liable to the United States Govern- ‘‘13103. Remedies as cumulative. consignee or may disclose improperly, to a com- ment for a civil penalty of $100 for each viola- ‘‘§ 13101. Transportation policy petitor, the business transactions of the shipper tion. ‘‘(a) IN GENERAL.—To ensure the develop- or consignee. ‘‘(3) A rail carrier providing transportation ‘‘(c) This part does not prevent a rail carrier ment, coordination, and preservation of a trans- subject to the jurisdiction of the Panel under or broker providing transportation subject to the portation system that meets the transportation this part, a lessor, receiver, or trustee of that jurisdiction of the Panel under this part from needs of the United States, including the United rail carrier, a person furnishing cars, and an of- giving information— States Postal Service and national defense, it is ficer, agent, or employee of one of them, re- ‘‘(1) in response to legal process issued under the policy of the United States Government to quired to make a report to the Panel or answer authority of a court of the United States or a oversee the modes of transportation and— a question that does not make the report or does State; ‘‘(1) in overseeing those modes— not specifically, completely, and truthfully an- ‘‘(2) to an officer, employee, or agent of the ‘‘(A) to recognize and preserve the inherent swer the question, is liable to the United States United States Government, a State, or a terri- advantage of each mode of transportation; Government for a civil penalty of $100 for each tory or possession of the United States; or ‘‘(B) to promote safe, adequate, economical, violation. ‘‘(3) to another rail carrier or its agent to ad- and efficient transportation; ‘‘(4) A separate violation occurs for each day just mutual traffic accounts in the ordinary ‘‘(C) to encourage sound economic conditions a violation under this subsection continues. course of business. in transportation, including sound economic ‘‘(f) Trial in a civil action under subsections ‘‘(d) An employee of the Panel delegated to conditions among carriers; (a) through (e) of this section is in the judicial make an inspection or examination under sec- ‘‘(D) to encourage the establishment and district in which the rail carrier has its prin- tion 10944 of this title who knowingly discloses maintenance of reasonable rates for transpor- cipal operating office or in a district through information acquired during that inspection or tation, without unreasonable discrimination or which the railroad of the rail carrier runs. examination, except as directed by the Panel, a unfair or destructive competitive practices; ‘‘(E) to cooperate with each State and the of- ‘‘§ 11702. Interference with railroad car sup- court, or a judge of that court, shall be fined ficials of each State on transportation matters; ply not more than $500, imprisoned for not more than 6 months, or both. and ‘‘(a) A person that offers or gives anything of ‘‘(e) A person that knowingly discloses con- ‘‘(F) to encourage fair wages and working value to another person acting for or employed fidential data made available to such person conditions in the transportation industry; by a rail carrier providing transportation sub- under section 10963 of this title by a rail carrier ‘‘(2) in overseeing transportation by motor ject to the jurisdiction of the Panel under this providing transportation subject to the jurisdic- carrier, to promote competitive and efficient part intending to influence an action of that tion of the Panel under this part shall be fined transportation services in order to— other person related to supply, distribution, or not more than $50,000. ‘‘(A) encourage fair competition, and reason- movement of cars or vehicles used in the trans- ‘‘§ 11705. Disobedience to subpoenas able rates for transportation by motor carriers of portation of property, or because of the action property; of that other person shall be fined not more ‘‘A person not obeying a subpoena or require- ‘‘(B) promote efficiency in the motor carrier than $1,000, imprisoned for not more than 2 ment of the Panel to appear and testify or transportation system and to require fair and years, or both. produce records shall be fined at least $100 but expeditious decisions when required; ‘‘(b) A person acting for or employed by a rail not more than $5,000, imprisoned for not more ‘‘(C) meet the needs of shippers, receivers, carrier providing transportation subject to the than one year, or both. passengers, and consumers; jurisdiction of the Panel under this part that so- ‘‘§ 11706. General criminal penalty when spe- ‘‘(D) allow a variety of quality and price op- licits, accepts, or receives anything of value— cific penalty not provided tions to meet changing market demands and the ‘‘(1) intending to be influenced by it in an ac- ‘‘When another criminal penalty is not pro- diverse requirements of the shipping and travel- tion of that person related to supply, distribu- vided under this chapter, a rail carrier provid- ing public; November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12279

‘‘(E) allow the most productive use of equip- ‘‘(ii) that is owned or controlled by persons of ‘‘(19) TRANSPORTATION.—The term ‘transpor- ment and energy resources; a contiguous foreign country; and tation’ includes— ‘‘(F) enable efficient and well-managed car- ‘‘(B) in the case of a person that is not a ‘‘(A) a motor vehicle, vessel, warehouse, riers to earn adequate profits, attract capital, motor private carrier, that provides interstate wharf, pier, dock, yard, property, facility, in- and maintain fair wages and working condi- transportation of property by motor vehicle strumentality, or equipment of any kind related tions; under an agreement or contract entered into to the movement of passengers or property, or ‘‘(G) provide and maintain service to small with a person (other than a motor carrier of both, regardless of ownership or an agreement communities and small shippers and intrastate property or a motor private carrier described in concerning use; and bus services; subparagraph (A)). ‘‘(B) services related to that movement, in- ‘‘(H) provide and maintain commuter bus op- ‘‘(7) FREIGHT FORWARDER.—The term ‘freight cluding receipt, delivery, elevation, transfer in erations; forwarder’ means a person holding itself out to transit, refrigeration, icing, ventilation, storage, ‘‘(I) improve and maintain a sound, safe, and the general public (other than as a pipeline, handling, and interchange of passengers and competitive privately owned motor carrier sys- rail, motor, or water carrier) to provide trans- property. tem; portation of property for compensation and in ‘‘(20) UNITED STATES.—The term ‘United ‘‘(J) promote greater participation by minori- the ordinary course of its business— States’ means the States of the United States ties in the motor carrier system; and ‘‘(A) assembles and consolidates, or provides and the District of Columbia. ‘‘(K) promote intermodal transportation; and for assembling and consolidating, shipments and ‘‘(21) VESSEL.—The term ‘vessel’ means a ‘‘(3) in overseeing transportation by motor performs or provides for break-bulk and dis- watercraft or other artificial contrivance that is carrier of passengers— tribution operations of the shipments; used, is capable of being used, or is intended to ‘‘(A) to cooperate with the States on transpor- ‘‘(B) assumes responsibility for the transpor- be used, as a means of transportation by water. tation matters for the purpose of encouraging tation from the place of receipt to the place of ‘‘(22) WATER CARRIER.—The term ‘water car- the States to exercise intrastate regulatory juris- destination; and rier’ means a person providing water transpor- diction in accordance with the objectives of this ‘‘(C) uses for any part of the transportation a tation for compensation. part; carrier subject to jurisdiction under this part. ‘‘§ 13103. Remedies as cumulative ‘‘(B) to provide Federal procedures which en- The term does not include a person using trans- ‘‘Except as otherwise provided in this part, sure that intrastate regulation is exercised in portation of an air carrier subject to part A of the remedies provided under this part are in ad- accordance with this part; and subtitle VII. dition to remedies existing under another law or ‘‘(C) to ensure that Federal reform initiatives ‘‘(8) HIGHWAY.—The term ‘highway’ means a common law. enacted by section 31138 and the Bus Regu- road, highway, street, and way in a State. latory Reform Act of 1982 are not nullified by ‘‘(9) HOUSEHOLD GOODS.—The term ‘household ‘‘CHAPTER 133—ADMINISTRATIVE State regulatory actions. goods’, as used in connection with transpor- PROVISIONS ‘‘(b) ADMINISTRATION TO CARRY OUT POL- tation, means personal effects and property used ‘‘Sec. ICY.—This part shall be administered and en- or to be used in a dwelling, when a part of the ‘‘13301. Powers. forced to carry out the policy of this section. equipment or supply of such dwelling, and simi- ‘‘13302. Intervention. lar property if the transportation of such effects ‘‘§ 13102. Definitions ‘‘13303. Service of notice in proceedings. or property is— ‘‘13304. Service of process in court proceedings. ‘‘In this part, the following definitions shall ‘‘(A) arranged and paid for by the house- ‘‘§ 13301. Powers apply: holder, including transportation of property ‘‘(1) BROKER.—The term ‘broker’ means a per- from a factory or store when the property is ‘‘(a) GENERAL POWERS OF SECRETARY.—Ex- son, other than a motor carrier or an employee purchased by the householder with intent to use cept as otherwise specified, the Secretary shall or agent of a motor carrier, that as a principal in his or her dwelling, or carry out this part. Enumeration of a power of or agent sells, offers for sale, negotiates for, or ‘‘(B) arranged and paid for by another party. the Secretary in this part does not exclude an- holds itself out by solicitation, advertisement, or ‘‘(10) HOUSEHOLD GOODS FREIGHT FOR- other power the Secretary may have in carrying otherwise as selling, providing, or arranging for, WARDER.—The term ‘household goods freight out this part. The Secretary may prescribe regu- transportation by motor carrier for compensa- forwarder’ means a freight forwarder of one or lations in carrying out this part. tion. more of the following items: household goods, ‘‘(b) OBTAINING INFORMATION.—The Secretary ‘‘(2) CARRIER.—The term ‘carrier’ means a unaccompanied baggage, or used automobiles. may obtain from carriers providing, and brokers motor carrier, a water carrier, and a freight for- ‘‘(11) MOTOR CARRIER.—The term ‘motor car- for, transportation and service subject to this warder. rier’ means a person providing motor vehicle part, and from persons controlling, controlled ‘‘(3) CONTRACT CARRIAGE.—The term ‘contract transportation for compensation. by, or under common control with those carriers carriage’ means— ‘‘(12) MOTOR PRIVATE CARRIER.—The term or brokers to the extent that the business of that ‘‘(A) for transportation provided before the ef- ‘motor private carrier’ means a person, other person is related to the management of the busi- fective date of this section, service provided pur- than a motor carrier, transporting property by ness of that carrier or broker, information the suant to a permit issued under section 10923, as motor vehicle when— Secretary decides is necessary to carry out this in effect on the day before the effective date of ‘‘(A) the transportation is as provided in sec- part. this section; and tion 13501 of this title; ‘‘(c) SUBPOENA POWER.— ‘‘(B) for transportation provided on or after ‘‘(B) the person is the owner, lessee, or bailee ‘‘(1) BY SECRETARY.—The Secretary may sub- such date, service provided under an agreement of the property being transported; and poena witnesses and records related to a pro- entered into under section 14101(b). ‘‘(C) the property is being transported for sale, ceeding under this part from any place in the ‘‘(4) CONTROL.—The term ‘control’, when re- lease, rent, or bailment or to further a commer- United States, to the designated place of the ferring to a relationship between persons, in- cial enterprise. proceeding. If a witness disobeys a subpoena, cludes actual control, legal control, and the ‘‘(13) MOTOR VEHICLE.—The term ‘motor vehi- the Secretary, or a party to a proceeding under power to exercise control, through or by— cle’ means a vehicle, machine, tractor, trailer, or this part, may petition a court of the United ‘‘(A) common directors, officers, stockholders, semitrailer propelled or drawn by mechanical States to enforce that subpoena. a voting trust, or a holding or investment com- power and used on a highway in transpor- ‘‘(2) ENFORCEMENT.—The district courts of the pany, or tation, or a combination determined by the Sec- United States have jurisdiction to enforce a sub- ‘‘(B) any other means. retary, but does not include a vehicle, loco- poena issued under this section. Trial is in the ‘‘(5) FOREIGN MOTOR CARRIER.—The term ‘for- motive, or car operated only on a rail, or a trol- district in which the proceeding is conducted. eign motor carrier’ means a person (including a ley bus operated by electric power from a fixed The court may punish a refusal to obey a sub- motor carrier of property but excluding a motor overhead wire, and providing local passenger poena as a contempt of court. private carrier)— transportation similar to street-railway service. ‘‘(d) TESTIMONY OF WITNESSES.— ‘‘(A)(i) that is domiciled in a contiguous for- ‘‘(14) NONCONTIGUOUS DOMESTIC TRADE.—The ‘‘(1) PROCEDURE FOR TAKING TESTIMONY.—In eign country; or term ‘noncontiguous domestic trade’ means a proceeding under this part, the Secretary may ‘‘(ii) that is owned or controlled by persons of transportation subject to jurisdiction under take the testimony of a witness by deposition a contiguous foreign country; and chapter 135 involving traffic originating in or and may order the witness to produce records. A ‘‘(B) in the case of a person that is not a destined to Alaska, Hawaii, or a territory or party to a proceeding pending under this part motor carrier of property, that provides inter- possession of the United States. may take the testimony of a witness by deposi- state transportation of property by motor vehi- ‘‘(15) PANEL.—The term ‘Panel’ means the tion and may require the witness to produce cle under an agreement or contract entered into Transportation Adjudication Panel. records at any time after a proceeding is at issue with a motor carrier of property (other than a ‘‘(16) PERSON.—The term ‘person’, in addition on petition and answer. motor private carrier or a motor carrier of prop- to its meaning under section 1 of title 1, includes ‘‘(2) SUBPOENA.—If a witness fails to be de- erty described in subparagraph (A)). a trustee, receiver, assignee, or personal rep- posed or to produce records under paragraph (1) ‘‘(6) FOREIGN MOTOR PRIVATE CARRIER.—The resentative of a person. of this subsection, the Secretary may subpoena term ‘foreign motor private carrier’ means a per- ‘‘(17) SECRETARY.—The term ‘Secretary’ means the witness to take a deposition, produce the son (including a motor private carrier but ex- the Secretary of Transportation. records, or both. cluding a motor carrier of property)— ‘‘(18) STATE.—The term ‘State’ means the 50 ‘‘(3) DEPOSITIONS.—A deposition may be taken ‘‘(A)(i) that is domiciled in a contiguous for- States of the United States and the District of before a judge of a court of the United States, eign country; or Columbia. a United States magistrate judge, a clerk of a H 12280 CONGRESSIONAL RECORD — HOUSE November 14, 1995

district court, or a chancellor, justice, or judge against that carrier or broker. The designation ‘‘(1) IN GENERAL.—Neither the Secretary nor of a supreme or superior court, mayor or chief shall be in writing and filed with the Depart- the Panel has jurisdiction under this subchapter magistrate of a city, judge of a county court, or ment of Transportation. If a designation under over transportation by motor vehicle provided in court of common pleas of any State, or a notary this subsection is not made, service may be made a terminal area when the transportation— public who is not counsel or attorney of a party on any agent of the carrier or broker within ‘‘(A) is a transfer, collection, or delivery; or interested in the proceeding. that State. ‘‘(B) is provided by— ‘‘(4) NOTICE OF DEPOSITION.—Before taking a ‘‘(b) CHANGE.—A designation under this sec- ‘‘(i) a rail carrier subject to jurisdiction under deposition, reasonable notice must be given in tion may be changed at any time in the same chapter 105; writing by the party or the attorney of that manner as originally made. ‘‘(ii) a water carrier subject to jurisdiction party proposing to take a deposition to the op- ‘‘CHAPTER 135—JURISDICTION under subchapter II of this chapter; or posing party or the attorney of record of that ‘‘(iii) a freight forwarder subject to jurisdic- ‘‘SUBCHAPTER I—MOTOR CARRIER party, whoever is nearest. The notice shall state tion under subchapter III of this chapter; and TRANSPORTATION the name of the witness and the time and place ‘‘(C) is incidental to transportation or service of taking the deposition. ‘‘Sec. provided by the carrier or freight forwarder that ‘‘(5) TRANSCRIPT.—The testimony of a person ‘‘13501. General jurisdiction. is subject to jurisdiction under chapter 105 of deposed under this subsection shall be taken ‘‘13502. Exempt transportation between Alaska this title or under subchapter II or III of this under oath. The person taking the deposition and other States. chapter. shall prepare, or cause to be prepared, a tran- ‘‘13503. Exempt motor vehicle transportation in ‘‘(2) APPLICABILITY OF OTHER PROVISIONS.— script of the testimony taken. The transcript terminal areas. Transportation exempt from jurisdiction under shall be subscribed by the deponent. ‘‘13504. Exempt motor carrier transportation en- paragraph (1) of this subsection is subject to ju- tirely in one State. ‘‘(6) FOREIGN COUNTRY.—The testimony of a risdiction under chapter 105 when provided by witness who is in a foreign country may be ‘‘13505. Transportation furthering a primary such a rail carrier, under subchapter II of this taken by deposition before an officer or person business. chapter when provided by such a water carrier, designated by the Secretary or agreed on by the ‘‘13506. Miscellaneous motor carrier transpor- and under subchapter III of this chapter when parties by written stipulation filed with the Sec- tation exemptions. provided by such a freight forwarder. ‘‘13507. Mixed loads of regulated and unregu- retary. A deposition shall be filed with the Sec- ‘‘(b) TRANSPORTATION BY AGENT.— lated property. retary promptly. ‘‘(1) IN GENERAL.—Except to the extent pro- ‘‘13508. Limited authority over cooperative asso- ‘‘(e) WITNESS FEES.—Each witness summoned vided by paragraph (2) of this subsection, nei- ciations. before the Secretary or whose deposition is ther the Secretary nor the Panel has jurisdiction taken under this section and the individual tak- ‘‘SUBCHAPTER II—WATER CARRIER under this subchapter over transportation by ing the deposition are entitled to the same fees TRANSPORTATION motor vehicle provided in a terminal area when and mileage paid for those services in the courts ‘‘13521. General jurisdiction. the transportation— ‘‘(A) is a transfer, collection, or delivery; and of the United States. ‘‘SUBCHAPTER III—FREIGHT FORWARDER ‘‘(B) is provided by a person as an agent or ‘‘(f) POWERS OF PANEL.—For those provisions SERVICE of this part that are specified to be carried out under other arrangement for— ‘‘13531. General jurisdiction. by the Panel, the Panel shall have the same ‘‘(i) a rail carrier subject to jurisdiction under powers as the Secretary has under this section. ‘‘SUBCHAPTER IV—AUTHORITY TO chapter 105 of this title; EXEMPT ‘‘(ii) a motor carrier subject to jurisdiction ‘‘§ 13302. Intervention ‘‘13541. Authority to exempt transportation or under this subchapter; ‘‘Under regulations of the Secretary, reason- services. ‘‘(iii) a water carrier subject to jurisdiction able notice of, and an opportunity to intervene under subchapter II of this chapter; or ‘‘SUBCHAPTER I—MOTOR CARRIER and participate in, a proceeding under this part ‘‘(iv) a freight forwarder subject to jurisdic- TRANSPORTATION related to transportation subject to jurisdiction tion under subchapter III of this chapter. under subchapter I of chapter 135 shall be given ‘‘§ 13501. General jurisdiction ‘‘(2) TREATMENT OF TRANSPORTATION BY PRIN- to interested persons. ‘‘The Secretary and the Panel have jurisdic- CIPAL.—Transportation exempt from jurisdiction ‘‘§ 13303. Service of notice in proceedings tion, as specified in this part, over transpor- under paragraph (1) of this subsection is consid- ‘‘(a) AGENTS FOR SERVICE OF PROCESS.—A tation by motor carrier and the procurement of ered transportation provided by the carrier or carrier, a broker, or a freight forwarder provid- that transportation, to the extent that pas- service provided by the freight forwarder for ing transportation or service subject to jurisdic- sengers, property, or both, are transported by whom the transportation was provided and is tion under chapter 135 shall designate, in writ- motor carrier— subject to jurisdiction under chapter 105 of this ing, an agent by name and post office address ‘‘(1) between a place in— title when provided for such a rail carrier, on whom service of notices in a proceeding be- ‘‘(A) a State and a place in another State; under this subchapter when provided for such a fore, and of actions of, the Secretary may be ‘‘(B) a State and another place in the same motor carrier, under subchapter II of this chap- made. State through another State; ter when provided for such a water carrier, and ‘‘(C) the United States and a place in a terri- ‘‘(b) FILING WITH STATE.—A motor carrier under subchapter III of this chapter when pro- providing transportation under this part shall tory or possession of the United States to the ex- vided for such a freight forwarder. also file the designation with the appropriate tent the transportation is in the United States; ‘‘§ 13504. Exempt motor carrier transportation authority of each State in which it operates. ‘‘(D) the United States and another place in entirely in one State the United States through a foreign country to The designation may be changed at any time in ‘‘Neither the Secretary nor the Panel has ju- the extent the transportation is in the United the same manner as originally made. risdiction under this subchapter over transpor- States; or ‘‘(c) NOTICE.—A notice to a motor carrier, tation, except transportation of household ‘‘(E) the United States and a place in a for- freight forwarder, or broker shall be served per- goods, by a motor carrier operating solely within eign country to the extent the transportation is sonally or by mail on the motor carrier, freight the State of Hawaii. The State of Hawaii may forwarder, or broker or on its designated agent. in the United States; and ‘‘(2) in a reservation under the exclusive juris- regulate transportation exempt from jurisdiction Service by mail on the designated agent shall be diction of the United States or on a public high- under this section and, to the extent provided by made at the address filed for the agent. When way. a motor carrier operating solely within the State notice is given by mail, the date of mailing is of Hawaii, transportation exempt under section considered to be the time when the notice is ‘‘§ 13502. Exempt transportation between Alas- 13503 of this title. ka and other States served. If a motor carrier, freight forwarder, or ‘‘§ 13505. Transportation furthering a pri- broker does not have a designated agent, service ‘‘To the extent that transportation by a motor mary business may be made by posting a copy of the notice at carrier between a place in Alaska and a place in ‘‘(a) IN GENERAL.—Neither the Secretary nor the headquarters of the Department of Trans- another State under section 13501 is provided in the Panel has jurisdiction under this part over portation. a foreign country— the transportation of property by motor vehicle ‘‘(1) neither the Secretary nor the Panel has ‘‘§ 13304. Service of process in court proceed- when— jurisdiction to impose a requirement over con- ings ‘‘(1) the property is transported by a person duct of the motor carrier in the foreign country ‘‘(a) DESIGNATION OF AGENT.—A motor carrier engaged in a business other than transpor- conflicting with a requirement of that country; or broker providing transportation subject to ju- tation; and but risdiction under chapter 135 of this title, includ- ‘‘(2) the transportation is within the scope of, ‘‘(2) the motor carrier, as a condition of pro- ing a motor carrier or broker operating within and furthers a primary business (other than viding transportation in the United States, shall the United States while providing transpor- transportation) of the person. comply, with respect to all transportation pro- tation between places in a foreign country or be- ‘‘(b) CORPORATE FAMILIES.— vided between Alaska and the other State, with tween a place in one foreign country and a ‘‘(1) IN GENERAL.—Neither the Secretary nor the requirements of this part related to rates place in another foreign country, shall des- the Panel has jurisdiction under this part over and practices applicable to the transportation. ignate an agent in each State in which it oper- transportation of property by motor vehicle for ates by name and post office address on whom ‘‘§ 13503. Exempt motor vehicle transportation compensation provided by a person who is a process issued by a court with subject matter ju- in terminal areas member of a corporate family for other members risdiction may be served in an action brought ‘‘(a) TRANSPORTATION BY CARRIERS.— of such corporate family. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12281

‘‘(2) DEFINITION.—In this section, ‘corporate ous movement which, prior or subsequent to maintain such records relating to transportation family’ means a group of corporations consisting such part of the continuous movement, has been provided by such association or federation, in of a parent corporation and all subsidiaries in or will be transported by an air carrier or (to the such form as the Secretary or the Panel may re- which the parent corporation owns directly or extent so agreed by the United States and ap- quire by regulation to carry out the provisions indirectly a 100 percent interest. proved by the Secretary) by a foreign air carrier; of such section 13506(a)(5). The Secretary or the ‘‘§ 13506. Miscellaneous motor carrier trans- or Panel, or an employee designated by the Sec- portation exemptions ‘‘(C) transportation of property by motor vehi- retary or the Panel, may on demand and display cle in lieu of transportation by aircraft because of proper credentials— ‘‘(a) IN GENERAL.—Neither the Secretary nor of adverse weather conditions or mechanical the Panel has jurisdiction under this part over— ‘‘(1) inspect and examine the lands, buildings, failure of the aircraft or other causes due to cir- ‘‘(1) a motor vehicle transporting only school and equipment of such association or federa- cumstances beyond the control of the carrier or children and teachers to or from school; tion; and shipper; ‘‘(2) a motor vehicle providing taxicab service ‘‘(2) inspect and copy any record of such asso- ‘‘(9) the operation of a motor vehicle in a na- and having a capacity of not more than 6 pas- ciation or federation. tional park or national monument; sengers and not operated on a regular route or ‘‘(b) REPORTS.—Notwithstanding section ‘‘(10) a motor vehicle carrying not more than 13506(a)(5), the Secretary or the Panel may re- between specified places; 15 individuals in a single, daily roundtrip to ‘‘(3) a motor vehicle owned or operated by or quire a cooperative association or federation of commute to and from work; cooperative associations described in subsection for a hotel and only transporting hotel patrons ‘‘(11) transportation of used pallets and used (a) of this section to file reports with the Sec- between the hotel and the local station of a empty shipping containers (including inter- retary or the Panel containing answers to ques- common carrier; modal cargo containers), and other used ship- tions about transportation provided by such as- ‘‘(4) a motor vehicle controlled and operated ping devices (other than containers or devices sociation or federation. by a farmer and transporting— used in the transportation of motor vehicles or ‘‘(c) ENFORCEMENT.—The Secretary or the ‘‘(A) the farmer’s agricultural or horticultural parts of motor vehicles); commodities and products; or ‘‘(12) transportation of natural, crushed, ve- Panel may bring a civil action to enforce sub- ‘‘(B) supplies to the farm of the farmer; sicular rock to be used for decorative purposes; sections (a) and (b) of this section or a regula- ‘‘(5) a motor vehicle controlled and operated ‘‘(13) transportation of wood chips; tion or order of the Secretary or the Panel is- by a cooperative association (as defined by sec- ‘‘(14) brokers for motor carriers of passengers, sued under this section, when violated by a co- tion 15(a) of the Agricultural Marketing Act (12 except as provided in section 13904(d)); or operative association or federation of coopera- U.S.C. 1141j(a)) or by a federation of cooperative ‘‘(15) transportation of broken, crushed, or tive associations described in subsection (a). associations if the federation has no greater powdered glass. ‘‘(d) REPORTING PENALTIES.— power or purposes than a cooperative associa- ‘‘(b) EXEMPT UNLESS OTHERWISE NEC- ‘‘(1) IN GENERAL.—A person required to make tion, except that if the cooperative association ESSARY.—Except to the extent the Secretary or a report to the Secretary or the Panel, answer a or federation provides transportation for com- Panel, as applicable, finds it necessary to exer- question, or maintain a record under this sec- pensation between a place in a State and a cise jurisdiction to carry out the transportation tion, or an officer, agent, or employee of that place in another State, or between a place in a policy of section 13101, neither the Secretary nor person, that— State and another place in the same State the Panel has jurisdiction under this part over— ‘‘(A) does not make the report; through another State— ‘‘(1) transportation provided entirely in a mu- ‘‘(B) does not specifically, completely, and ‘‘(A) for a nonmember that is not a farmer, co- nicipality, in contiguous municipalities, or in a truthfully answer the question; or operative association, federation, or the United zone that is adjacent to, and commercially a ‘‘(C) does not maintain the record in the form States Government, the transportation (except part of, the municipality or municipalities, ex- and manner prescribed under this section; for transportation otherwise exempt under this cept— is liable to the United States Government for a subchapter)— ‘‘(A) when the transportation is under com- civil penalty of not more than $500 for each vio- ‘‘(i) shall be limited to transportation inciden- mon control, management, or arrangement for a lation and for not more than $250 for each addi- tal to the primary transportation operation of continuous carriage or shipment to or from a tional day the violation continues. the cooperative association or federation and place outside the municipality, municipalities, necessary for its effective performance; and ‘‘(2) VENUE.—Trial in a civil action under or zone; or paragraph (1) shall be in the judicial district in ‘‘(ii) may not exceed in each fiscal year 25 per- ‘‘(B) that in transporting passengers over a which— cent of the total transportation of the coopera- route between a place in a State and a place in ‘‘(A) the cooperative association or federation tive association or federation between those another State, or between a place in a State and of cooperative associations has its principal of- places, measured by tonnage; and another place in the same State through an- fice; ‘‘(B) the transportation for all nonmembers other State, the transportation is exempt from may not exceed in each fiscal year, measured by jurisdiction under this part only if the motor ‘‘(B) the violation occurred; or tonnage, the total transportation between those carrier operating the motor vehicle also is law- ‘‘(C) the offender is found. places for the cooperative association or federa- fully providing intrastate transportation of pas- Process in the action may be served in the judi- tion and its members during that fiscal year; sengers over the entire route under the laws of cial district of which the offender is an inhab- ‘‘(6) transportation by motor vehicle of— each State through which the route runs; itant or in which the offender may be found. ‘‘(A) ordinary livestock; ‘‘(2) transportation by motor vehicle provided ‘‘(e) EVASION PENALTIES.—A person, or an of- ‘‘(B) agricultural or horticultural commodities casually, occasionally, or reciprocally but not as ficer, employee, or agent of that person, that by (other than manufactured products thereof); a regular occupation or business, except when a any means knowingly and willfully tries to ‘‘(C) commodities listed as exempt in the Com- broker or other person sells or offers for sale evade compliance with the provisions of this sec- modity List incorporated in ruling numbered passenger transportation provided by a person tion shall be fined at least $200 but not more 107, March 19, 1958, Bureau of Motor Carriers, authorized to transport passengers by motor ve- than $500 for the first violation and at least $250 Interstate Commerce Commission, other than hicle under an application pending, or registra- but not more than $2,000 for a subsequent viola- frozen fruits, frozen berries, frozen vegetables, tion issued, under this part; or tion. cocoa beans, coffee beans, tea, bananas, or ‘‘(3) the emergency towing of an accidentally ‘‘(f) RECORDKEEPING PENALTIES.—A person re- hemp, or wool imported from a foreign country, wrecked or disabled motor vehicle. quired to make a report, answer a question, or wool tops and noils, or wool waste (carded, ‘‘§ 13507. Mixed loads of regulated and un- maintain a record under this section, or an offi- spun, woven, or knitted); regulated property cer, agent, or employee of that person, that— ‘‘(D) cooked or uncooked fish, whether ‘‘A motor carrier of property providing trans- ‘‘(1) willfully does not make that report; breaded or not, or frozen or fresh shellfish, or portation exempt from jurisdiction under para- ‘‘(2) willfully does not specifically, completely, byproducts thereof not intended for human con- graph (6), (8), (11), (12), or (13) of section and truthfully answer that question in 30 days sumption, other than fish or shellfish that have 13506(a) may transport property under such from the date that the question is required to be been treated for preserving, such as canned, paragraph in the same vehicle and at the same answered; smoked, pickled, spiced, corned, or kippered time as property which the carrier is authorized ‘‘(3) willfully does not maintain that record in products; and to transport under a registration issued under the form and manner prescribed; ‘‘(E) livestock and poultry feed and agricul- section 13902(a). Such transportation shall not ‘‘(4) knowingly and willfully falsifies, de- tural seeds and plants, if such products (exclud- affect the unregulated status of such exempt stroys, mutilates, or changes that report or ing products otherwise exempt under this para- property or the regulated status of the property record; graph) are transported to a site of agricultural which the carrier is authorized to transport ‘‘(5) knowingly and willfully files a false re- production or to a business enterprise engaged under such registration. port or record under this section; in the sale to agricultural producers of goods used in agricultural production; ‘‘§ 13508. Limited authority over cooperative ‘‘(6) knowingly and willfully makes a false or ‘‘(7) a motor vehicle used only to distribute associations incomplete entry in that record about a busi- ness-related fact or transaction; or newspapers; ‘‘(a) IN GENERAL.—Notwithstanding section ‘‘(8)(A) transportation of passengers by motor 13506(a)(5), any cooperative association (as de- ‘‘(7) knowingly and willfully maintains a vehicle incidental to transportation by aircraft; fined by section 15(a) of the Agricultural Mar- record in violation of a regulation or order is- ‘‘(B) transportation of property (including keting Act (12 U.S.C. 1141j(a))) or a federation sued under this section; baggage) by motor vehicle as part of a continu- of cooperative associations shall prepare and shall be fined not more than $5,000. H 12282 CONGRESSIONAL RECORD — HOUSE November 14, 1995 ‘‘SUBCHAPTER II—WATER CARRIER ‘‘(1) is not necessary to carry out the trans- noncontiguous domestic trade is reasonable if TRANSPORTATION portation policy of section 13101; the aggregate of increases and decreases in any ‘‘§ 13521. General jurisdiction ‘‘(2) is not needed to protect shippers from the such rate or division is not more than 10 percent abuse of market power or that the transaction ‘‘(a) GENERAL RULES.—The Secretary and the above, or more than 10 percent below, the rate Panel have jurisdiction over transportation in- or service is of limited scope; and or division in effect 1 year before the effective ‘‘(3) is in the public interest. sofar as water carriers are concerned— date of the proposed rate or division. ‘‘(1) by water carrier between a place in a ‘‘(b) INITIATION OF PROCEEDING.—The Sec- ‘‘(2) ADJUSTMENTS TO THE ZONE.—The per- State and a place in another State, even if part retary or Panel, as applicable, may, where ap- centage specified in paragraph (1) shall be in- of the transportation is outside the United propriate, begin a proceeding under this section creased or decreased, as the case may be, by the States; on the Secretary’s or Panel’s own initiative or percentage change in the Producers Price Index, ‘‘(2) by water carrier and motor carrier from a on application by an interested party. as published by the Department of Labor, that place in a State to a place in another State; ex- ‘‘(c) PERIOD OF EXEMPTION.—The Secretary or has occurred during the most recent 1-year pe- cept that if part of the transportation is outside Panel, as applicable, may specify the period of riod before the date the rate or division in ques- the United States, the Secretary only has juris- time during which an exemption granted under tion first took effect. this section is effective. diction over that part of the transportation pro- ‘‘§ 13702. Tariff requirement for certain trans- ‘‘(d) REVOCATION.—The Secretary or Panel, as vided— portation ‘‘(A) by motor carrier that is in the United applicable, may revoke an exemption, to the ex- tent specified, on finding that application of a ‘‘(a) IN GENERAL.—A carrier subject to juris- States; and diction under chapter 135 may provide transpor- ‘‘(B) by water carrier that is from a place in provision of this part to the person, class, or tation or service that is— the United States to another place in the United transportation is necessary to carry out the transportation policy of section 13101. ‘‘(1) in noncontiguous domestic trade, except States; and with regard to bulk cargo, forest products, recy- ‘‘(3) by water carrier or by water carrier and ‘‘(e) LIMITATIONS.—The exemption authority cled metal scrap, waste paper, and paper waste; motor carrier between a place in the United under this section may not be used to relieve a or States and a place outside the United States, to person from the application of, and compliance ‘‘(2) for movement of household goods; the extent that— with, any law, rule, regulation, standard, or ‘‘(A) when the transportation is by motor car- order pertaining to cargo loss and damage, in- only if the rate for such transportation or serv- rier, the transportation is provided in the Unit- surance, safety fitness, or activities approved ice is contained in a tariff that is in effect under ed States; under section 13703 or not terminated under sec- this section. The carrier may not charge or re- ‘‘(B) when the transportation is by water car- tion 13907(d)(2). ceive a different compensation for the transpor- rier to a place outside the United States, the ‘‘CHAPTER 137—RATES AND THROUGH tation or service than the rate specified in the transportation is provided by water carrier from ROUTES tariff, whether by returning a part of that rate a place in the United States to another place in ‘‘Sec. to a person, giving a person a privilege, allow- the United States before transshipment from a ‘‘13701. Requirements for reasonable rates, clas- ing the use of a facility that affects the value of place in the United States to a place outside the sifications, through routes, rules, that transportation or service, or another de- United States; and and practices for certain trans- vice. A rate contained in a tariff shall be stated ‘‘(C) when the transportation is by water car- portation. in money of the United States. rier from a place outside the United States, the ‘‘13702. Tariff requirement for certain transpor- ‘‘(b) TARIFF REQUIREMENTS FOR NONCONTIG- transportation is provided by water carrier from tation. UOUS DOMESTIC TRADE.— a place in the United States to another place in ‘‘13703. Certain collective activities; exemption ‘‘(1) FILING.—A carrier providing transpor- the United States after transshipment to a place from antitrust laws. tation or service described in subsection (a)(1) in the United States from a place outside the ‘‘13704. Household goods rates—estimates; guar- shall publish and file with the Panel tariffs con- United States. antees of service. taining the rates established for such transpor- ‘‘(b) LIMITATION.—The Panel may not exempt ‘‘13705. Requirements for through routes among tation or service. The carriers shall keep such a water carrier from the application of, or com- motor carriers of passengers. tariffs available for public inspection. The Panel pliance with, sections 13701 and 13702 for trans- ‘‘13706. Liability for payment of rates. shall prescribe the form and manner of publish- portation in noncontiguous domestic trade. ‘‘13707. Payment of Rates. ing, filing, and keeping tariffs available for pub- ‘‘(c) DEFINITIONS.—In this section, the terms ‘‘13708. Billing and collecting practices. lic inspection under this subsection. ‘State’ and ‘United States’ include the terri- ‘‘13709. Procedures for resolving claims involv- ‘‘(2) CONTENTS.—The Panel may prescribe any tories and possessions of the United States. ing unfiled, negotiated transpor- specific information and charges to be identified ‘‘SUBCHAPTER III—FREIGHT FORWARDER tation rates. in a tariff, but at a minimum tariffs must iden- SERVICE ‘‘13710. Additional billing and collecting prac- tify plainly— tices. ‘‘§ 13531. General jurisdiction ‘‘(A) the carriers that are parties to it; ‘‘13711. Alternative procedure for resolving un- ‘‘(B) the places between which property will ‘‘(a) IN GENERAL.—The Secretary and the dercharge disputes. be transported; Panel have jurisdiction, as specified in this ‘‘13712. Government traffic. ‘‘(C) terminal charges if a carrier provides part, over service that a freight forwarder un- ‘‘13713. Food and grocery transportation. transportation or service subject to jurisdiction dertakes to provide, or is authorized or required ‘‘§ 13701. Requirements for reasonable rates, under subchapter III of chapter 135; under this part to provide, to the extent trans- classifications, through routes, rules, and ‘‘(D) privileges given and facilities allowed; portation is provided in the United States and is practices for certain transportation and between— ‘‘(E) any rules that change, affect, or deter- ‘‘(1) a place in a State and a place in another ‘‘(a) REASONABLENESS.— mine any part of the published rate. State, even if part of the transportation is out- ‘‘(1) CERTAIN HOUSEHOLD GOODS TRANSPOR- TATION; JOINT RATES INVOLVING WATER TRANS- ‘‘(3) INLAND DIVISIONS.—A carrier providing side the United States; transportation or service described in subsection ‘‘(2) a place in a State and another place in PORTATION.—A rate, classification, rule, or (a)(1) under a joint rate for a through movement the same State through a place outside the practice related to transportation or service pro- shall not be required to state separately or oth- State; or vided by a carrier subject to jurisdiction under ‘‘(3) a place in the United States and a place chapter 135 for transportation or service involv- erwise reveal in tariff filings the inland divi- outside the United States. ing— sions of that through rate. ‘‘(4) TIME-VOLUME RATES.—Rates in tariffs ‘‘(b) EXEMPTION OF CERTAIN AIR CARRIER ‘‘(A) a movement of household goods, filed under this subsection may vary with the SERVICE.—Neither the Secretary nor the Panel ‘‘(B) a rate for a movement by or with a water has jurisdiction under subsection (a) of this sec- carrier in noncontiguous domestic trade, or volume of cargo offered over a specified period tion over service undertaken by a freight for- ‘‘(C) rates, rules, and classifications made col- of time. warder using transportation of an air carrier lectively by motor carriers under agreement pur- ‘‘(5) CHANGES.—The Panel may permit carriers subject to part A of subtitle VII of this title. suant to section 13703, to change rates, classifications, rules, and prac- must be reasonable. tices without filing complete tariffs under this ‘‘SUBCHAPTER IV—AUTHORITY TO ‘‘(2) THROUGH ROUTES AND DIVISIONS OF JOINT subsection that cover matter that is not being EXEMPT RATES.—Through routes and divisions of joint changed when the Panel finds that action to be ‘‘§ 13541. Authority to exempt transportation rates for such transportation or service must be consistent with the public interest. Those car- or services reasonable. riers may either— ‘‘(a) IN GENERAL.—In any matter subject to ‘‘(b) PRESCRIPTION BY PANEL FOR VIOLA- ‘‘(A) publish new tariffs that incorporate jurisdiction under this part, the Secretary or the TIONS.—When the Panel finds it necessary to changes, or Panel, as applicable, shall exempt a person, stop or prevent a violation of subsection (a), the ‘‘(B) plainly indicate the proposed changes in class of persons, or a transaction or service from Panel shall prescribe the rate, classification, the tariffs then in effect and make the tariffs as the application of a provision of this part, or rule, practice, through route, or division of joint changed available for public inspection. use this exemption authority to modify the ap- rates to be applied for such transportation or ‘‘(c) TARIFF REQUIREMENTS FOR HOUSEHOLD plication of a provision of this part as it applies service. GOODS CARRIERS.— to such person, class, transaction, or service, ‘‘(c) ZONE OF REASONABLENESS.— ‘‘(1) IN GENERAL.—A carrier providing trans- when the Secretary or Panel finds that the ap- ‘‘(1) IN GENERAL.—For purposes of this sec- portation described in subsection (a)(2) shall plication of that provision in whole or in part— tion, a rate or division of a carrier for service in maintain rates and related rules and practices November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12283 in a tariff. The tariff must be submitted to the agreement, it may be made and carried out other publication of mileage developed by any Panel for inspection and be made available for under its terms and under the conditions re- other carrier and that can be examined by any inspection by shippers upon reasonable request. quired by the Panel, and the antitrust laws, as interested person upon reasonable request; or ‘‘(2) NOTICE OF AVAILABILITY.—A carrier that defined in the first section of the Clayton Act ‘‘(B) is a participant in a publication of mile- maintains a tariff under this subsection may not (15 U.S.C. 12), do not apply to parties and other ages formulated under an agreement approved enforce the provisions of the tariff unless the persons with respect to making or carrying out under this section. carrier has given notice that the tariff is avail- the agreement. ‘‘(h) SINGLE LINE RATE DEFINED.—In this sec- able for inspection in its bill of lading or by ‘‘(b) RECORDS.—The Panel may require an or- tion, the term ‘single line rate’ means a rate, other actual notice to individuals whose ship- ganization established or continued under an charge, or allowance proposed by a single motor ments are subject to the tariff. agreement approved under this section to main- carrier that is applicable only over its line and ‘‘(3) REQUIREMENTS.—A carrier that main- tain records and submit reports. The Panel, or for which the transportation can be provided by tains a tariff under this subsection is bound by its delegate, may inspect a record maintained that carrier. the tariff except as otherwise provided in this under this section, or monitor any organiza- ‘‘§ 13704. Household goods rates—estimates; part. A tariff that does not comply with this tion’s compliance with this section. guarantees of service subsection may not be enforced against any in- ‘‘(c) REVIEW.—The Panel may review an ‘‘(a) IN GENERAL.— dividual shipper. agreement approved under this section, on its ‘‘(1) AUTHORITY.—Subject to the provisions of own initiative or on request, and shall change ‘‘(4) INCORPORATION BY REFERENCE.—A carrier paragraph (2) of this subsection, a motor carrier the conditions of approval or terminate it when may incorporate by reference the rates, terms, providing transportation of household goods necessary to protect the public interest. Action and other conditions of a tariff in agreements subject to jurisdiction under subchapter I of of the Panel under this section— covering the transportation of household goods. chapter 135 may establish a rate for the trans- ‘‘(1) approving an agreement, ‘‘(5) COMPLAINTS.—A complaint that a rate or portation of household goods which is based on related rule or practice maintained in a tariff ‘‘(2) denying, ending, or changing approval, ‘‘(3) prescribing the conditions on which ap- the carrier’s written, binding estimate of charges under this subsection violates section 13701(a) for providing such transportation. may be submitted to the Panel for resolution. proval is granted, or ‘‘(4) changing those conditions, ‘‘(2) NONPREFERENTIAL; NONPREDATORY.—Any ‘‘(d) INVALIDATION.—The Panel may invali- rate established under this subsection must be has effect only as related to application of the date a tariff prepared by a carrier or carriers available on a nonpreferential basis to shippers antitrust laws referred to in subsection (a). under this section if that tariff violates this sec- and must not result in charges to shippers ‘‘(d) EXPIRATION OF APPROVALS; RENEWALS.— tion or a regulation of the Panel carrying out which are predatory. this section. Subject to subsection (c), approval of an agree- ‘‘(b) RATES FOR GUARANTEED SERVICE.— ment under subsection (a) shall expire 3 years ‘‘§ 13703. Certain collective activities; exemp- ‘‘(1) AUTHORITY.—Subject to the provisions of after the date of approval unless renewed under tion from antitrust laws paragraph (2) of this subsection, a motor carrier this subsection. The approval may be renewed GREEMENTS.— providing transportation of household goods ‘‘(a) A upon request of the parties to the agreement if ‘‘(1) AUTHORITY TO ENTER.—A motor carrier subject to jurisdiction under subchapter I of such parties resubmit the agreement to the providing transportation or service subject to ju- chapter 135 may establish rates for the transpor- Panel, the agreement is unchanged, and the risdiction under chapter 135 may enter into an tation of household goods which guarantee that Panel approves such renewal. The Panel shall agreement with one or more such carriers to es- the carrier will pick up and deliver such house- approve the renewal unless it finds that the re- tablish— hold goods at the times specified in the contract newal is not in the public interest. Parties to the ‘‘(A) through routes and joint rates; for such services and provide a penalty or per agreement may continue to undertake activities ‘‘(B) rates for the transportation of household diem payment in the event the carrier fails to pursuant to the previously approved agreement goods; pick up or deliver such household goods at the while the renewal request is pending. ‘‘(C) classifications; specified time. The charges, if any, for such ‘‘(e) EXISTING AGREEMENTS.—Agreements ap- ‘‘(D) mileage guides; guarantee and penalty provision may vary to proved under former section 10706(b) and in ef- ‘‘(E) rules; reflect one or more options available to meet a fect on the day before the effective date of this ‘‘(F) divisions; particular shipper’s needs. section shall be treated for purposes of this sec- ‘‘(G) rate adjustments of general application ‘‘(2) AUTHORITY OF SECRETARY TO REQUIRE tion as approved by the Panel under this section based on industry average carrier costs (so long NONGUARANTEED SERVICE RATES.—Before a car- beginning on such effective date. as there is no discussion of individual markets rier may establish a rate for any service under ‘‘(f) LIMITATIONS ON STATUTORY CONSTRUC- or particular single-line rates); or paragraph (1) of this subsection, the Secretary TION.— ‘‘(H) procedures for joint consideration, initi- may require such carrier to have in effect and ‘‘(1) UNDERCHARGE CLAIMS.—Nothing in this ation, or establishment of matters described in section shall serve as a basis for any under- keep in effect, during any period such rate is in subparagraphs (A) through (G). charge claim. effect under paragraph (1), a rate for such serv- UBMISSION OF AGREEMENT TO PANEL AP ‘‘(2) S ; - ‘‘(2) OBLIGATION OF SHIPPER.—Nothing in this ice which does not guarantee the pick up and PROVAL.—An agreement entered into under sub- title, the ICC Termination Act of 1995, or any delivery of household goods at the times speci- section (a) may be submitted by any carrier or amendments or repeals made by such Act shall fied in the contract for such services and which carriers that are parties to such agreement to be construed as creating any obligation for a does not provide a penalty or per diem payment the Panel for approval and may be approved by shipper based solely on a classification that was in the event the carrier fails to pick up or de- the Panel only if it finds that such agreement is on file with the Interstate Commerce Commis- liver household goods at the specified time. in the public interest. sion or elsewhere on the day before the effective ‘‘§ 13705. Requirements for through routes ‘‘(3) CONDITIONS.—The Panel may require date of this section. among motor carriers of passengers compliance with reasonable conditions consist- ‘‘(g) INDUSTRY STANDARD GUIDES.— ‘‘(a) ESTABLISHMENT; REASONABLENESS.—A ent with this part to assure that the agreement ‘‘(1) IN GENERAL.— motor carrier providing transportation of pas- furthers the transportation policy set forth in ‘‘(A) PUBLIC AVAILABILITY.—Routes, rates, sengers subject to jurisdiction under subchapter section 13101. classifications, mileage guides, and rules estab- I of chapter 135 shall establish through routes ‘‘(4) INDEPENDENTLY ESTABLISHED RATES.— lished under agreements approved under this with other carriers of the same type and shall Any carrier which is a party to an agreement section shall be published and made available establish individual and joint rates applicable to under paragraph (1) is not, and may not be pre- for public inspection upon request. them. Such through route must be reasonable. cluded, from independently establishing its own ‘‘(B) PARTICIPATION OF CARRIERS.— ‘‘(b) PRESCRIBED BY PANEL.—When the Panel rates, classification, and mileages or from adopt- ‘‘(i) IN GENERAL.—A motor carrier of property finds it necessary to enforce the requirements of ing and using a noncollectively made classifica- whose routes, rates, classifications, mileage this section, the Panel may prescribe through tion or mileage guide. guides, rules, or packaging are determined or routes and the conditions under which those ‘‘(5) INVESTIGATIONS.— governed by publications established under routes must be operated for motor carriers pro- ‘‘(A) REASONABLENESS.—The Panel may sus- agreements approved under this section must viding transportation of passengers subject to pend and investigate the reasonableness of any participate in the determining or governing pub- jurisdiction under subchapter I of chapter 135. rate, rule, classification, or rate adjustment of lication for such provisions to apply. general application made pursuant to an agree- ‘‘(ii) POWER OF ATTORNEY.—The motor carrier ‘‘§ 13706. Liability for payment of rates ment under this section. of property shall issue a power of attorney to ‘‘(a) LIABILITY OF CONSIGNEE.—Liability for ‘‘(B) ACTIONS NOT IN THE PUBLIC INTEREST.— the publishing agent and, upon its acceptance, payment of rates for transportation for a ship- The Panel may investigate any action taken the agent shall issue a written certification to ment of property by a shipper or consignor to a pursuant to an agreement approved under this the motor carrier affirming its participation in consignee other than the shipper or consignor, section. If the Panel finds that the action is not the governing publication, and the certification is determined under this section when the trans- in the public interest, the Panel may take such shall be made available for public inspection. portation is provided by motor carrier under this measures as may be necessary to protect the ‘‘(2) MILEAGE LIMITATION.—No carrier subject part. When the shipper or consignor instructs public interest with regard to the action, includ- to jurisdiction under subchapter I or III of the carrier transporting the property to deliver ing issuing an order directing the parties to chapter 135 may enforce collection of its mileage it to a consignee that is an agent only, not hav- cease and desist or modify the action. rates unless such carrier— ing beneficial title to the property, the consignee ‘‘(6) EFFECT OF APPROVAL.—If the Panel ap- ‘‘(A) uses an independent publication of mile- is liable for rates billed at the time of delivery proves the agreement or renews approval of the age that is developed independently of any for which the consignee is otherwise liable, but H 12284 CONGRESSIONAL RECORD — HOUSE November 14, 1995 not for additional rates that may be found to be hold goods carrier) providing transportation is a public warehouseman. In the event that a due after delivery if the consignee gives written subject to jurisdiction under subchapter II of dispute arises as to the rate that was legally ap- notice to the delivering carrier before delivery of chapter 105, as in effect on the day before the plicable to the shipment, such dispute shall be the property— effective date of this section, by a freight for- resolved by the Panel. ‘‘(1) of the agency and absence of beneficial warder (other than a household goods freight ‘‘(e) EFFECTS OF ELECTION.—When a person title; and forwarder), or under subchapter I of chapter 135 from whom additional legally applicable freight ‘‘(2) of the name and address of the beneficial or by a party representing such a carrier or rates or charges are sought does not elect to use owner of the property if it is reconsigned or di- freight forwarder regarding the collection of the provisions of subsections (b), (c) or (d), the verted to a place other than the place specified rates or charges for such transportation in addi- person may pursue all rights and remedies exist- in the original bill of lading. tion to those originally billed and collected by ing under this part or, for transportation pro- ‘‘(b) LIABILITY OF BENEFICIAL OWNER.—When the carrier or freight forwarder for such trans- vided before the effective date of this section, all the consignee is liable only for rates billed at the portation, the person against whom the claim is rights and remedies that existed under this title time of delivery under subsection (a), the ship- made may elect to satisfy the claim under the on the day before the effective date of this sec- per or consignor, or, if the property is provisions of subsection (b), (c), or (d), upon tion. reconsigned or diverted, the beneficial owner is showing that— ‘‘(f) STAY OF ADDITIONAL COMPENSATION.— liable for those additional rates regardless of the ‘‘(A) the carrier or freight forwarder is no When a person proceeds under this section to bill of the lading or contract under which the longer transporting property or is transporting challenge the reasonableness of the legally ap- property was transported. The beneficial owner property for the purpose of avoiding the appli- plicable freight rate or charges being claimed by is liable for all rates when the property is cation of this section; and a carrier or freight forwarder in addition to reconsigned or diverted by an agent but is re- ‘‘(B) with respect to the claim— those already billed and collected, the person fused or abandoned at its ultimate destination if ‘‘(i) the person was offered a transportation shall not have to pay any additional compensa- the agent gave the carrier in the reconsignment rate by the carrier or freight forwarder other tion to the carrier or freight forwarder until the or diversion order a notice of agency and the than that legally on file with the Interstate Panel has made a determination as to the rea- name and address of the beneficial owner. A Commerce Commission or the Panel, as required sonableness of the challenged rate as applied to consignee giving the carrier erroneous informa- for the transportation service; the freight of the person against whom the claim tion about the identity of the beneficial owner ‘‘(ii) the person tendered freight to the carrier is made. of the property is liable for the additional rates. or freight forwarder in reasonable reliance upon ‘‘(g) NOTIFICATION OF ELECTION.— ‘‘§ 13707. Payment of rates the offered transportation rate; ‘‘(1) GENERAL RULE.—A person must notify ‘‘(iii) the carrier or freight forwarder did not ‘‘(a) TRANSFER OF POSSESSION UPON PAY- the carrier or freight forwarder as to its election properly or timely file with the Interstate Com- MENT.—Except as provided in subsection (b), a to proceed under subsection (b), (c), or (d). Ex- carrier providing transportation or service sub- merce Commission or the Panel, as required a cept as provided in paragraphs (2), (3), and (4), ject to jurisdiction under this part shall give up tariff providing for such transportation rate or such election may be made at any time. possession at the destination of the property failed to enter into an agreement for contract ‘‘(2) DEMANDS FOR PAYMENT INITIALLY MADE transported by it only when payment for the carriage; AFTER DECEMBER 3, 1993.—If the carrier or transportation or service is made. ‘‘(iv) such transportation rate was billed and freight forwarder or party representing such ‘‘(b) EXCEPTIONS.— collected by the carrier or freight forwarder; and carrier or freight forwarder initially demands ‘‘(1) REGULATIONS.—Under regulations of the ‘‘(v) the carrier or freight forwarder demands the payment of additional freight charges after Secretary governing the payment for transpor- additional payment of a higher rate filed in a December 3, 1993, and notifies the person from tation and service and preventing discrimina- tariff. whom additional freight charges are sought of tion, those carriers may give up possession at ‘‘(2) FORUM FOR RESOLUTION OF SHOWINGS.—If the provisions of subsections (a) through (f) at destination of property transported by them be- there is a dispute as to the showing under para- the time of the making of such initial demand, fore payment for the transportation or service. graph (1)(A), such dispute shall be resolved by the election must be made not later than the The regulations of the Secretary may provide for the court in which the claim is brought. If there later of— weekly or monthly payment for transportation is a dispute as to the showing under paragraph ‘‘(A) the 60th day following the filing of an provided by motor carriers and for periodic pay- (1)(B), such dispute shall be resolved by the answer to a suit for the collection of such addi- ment for transportation provided by water car- Panel. Pending the resolution of any such dis- tional legally applicable freight rate or charges, riers. pute, the person shall not have to pay any addi- or ‘‘(2) EXTENSIONS OF CREDIT TO GOVERNMENTAL tional compensation to the carrier or freight for- ‘‘(B) March 5, 1994. ENTITIES.—Such a carrier (including a motor warder. ‘‘(3) PENDING SUITS FOR COLLECTION MADE BE- carrier being used by a household goods freight ‘‘(3) EFFECT OF SATISFACTION OF CLAIMS FORE DECEMBER 4, 1993.—If the carrier or freight forwarder) may extend credit for transporting UNDER DISPUTE RESOLUTION PROCEDURE.—Satis- forwarder or party representing such carrier or property for the United States Government, a faction of a claim under subsection (b), (c), or freight forwarder has filed, before December 4, State, a territory or possession of the United (d) shall be binding on the parties, and the par- 1993, a suit for the collection of additional States, or a political subdivision of any of them. ties shall not be subject to chapter 119, as in ef- freight charges and notifies the person from fect on the day before the effective date of this whom additional freight charges are sought of ‘‘§ 13708. Billing and collecting practices section or chapter 149. the provisions of subsections (a) through (f), the ‘‘(a) DISCLOSURE.—A motor carrier subject to ‘‘(b) CLAIMS INVOLVING SHIPMENTS WEIGHING election must be made not later than the 90th jurisdiction under subchapter I of chapter 135 10,000 POUNDS OR LESS.—A person from whom day following the date on which such notifica- shall disclose, when a document is presented or the additional legally applicable and effective tion is received. electronically transmitted for payment to the tariff rate or charges are sought may elect to ‘‘(4) DEMANDS FOR PAYMENT MADE BEFORE DE- person responsible directly to the motor carrier satisfy the claim, if the shipments each weighed CEMBER 4, 1993.—If the carrier or freight for- for payment or agent of such responsible person, 10,000 pounds or less, by payment of 20 percent warder or party representing such carrier or the actual rates, charges, or allowances for any of the difference between the carrier’s applicable freight forwarder has demanded the payment of transportation service and shall also disclose, at and effective tariff rate and the rate originally additional freight charges, and has not filed a such time, whether and to whom any allowance billed and paid. In the event that a dispute suit for the collection of such additional freight or reduction in charges is made. arises as to the rate that was legally applicable charges, before December 4, 1993, and notifies ‘‘(b) FALSE OR MISLEADING INFORMATION.—No to the shipment, such dispute shall be resolved the person from whom additional freight person may cause a motor carrier to present by the Panel . charges are sought of the provisions of sub- false or misleading information on a document ‘‘(c) CLAIMS INVOLVING SHIPMENTS WEIGHING sections (a) through (f), the election must be about the actual rate, charge, or allowance to MORE THAN 10,000 POUNDS.—A person from made not later than the later of— any party to the transaction. whom the additional legally applicable and ef- ‘‘(A) the 60th day following the filing of an ‘‘(c) ALLOWANCES FOR SERVICES.—When the fective tariff rate or charges are sought may answer to a suit for the collection of such addi- actual rate, charge, or allowance is dependent elect to satisfy the claim, if the shipments each tional legally applicable freight rate or charges, upon the performance of a service by a party to weighed more than 10,000 pounds, by payment or the transportation arrangement, such as ten- of 15 percent of the difference between the car- ‘‘(B) March 5, 1994. dering a volume of freight over a stated period rier’s applicable and effective tariff rate and the ‘‘(h) CLAIMS INVOLVING SMALL-BUSINESS CON- of time, the motor carrier shall indicate in any rate originally billed and paid. In the event that CERNS, CHARITABLE ORGANIZATIONS, AND RECY- document presented for payment to the person a dispute arises as to the rate that was legally CLABLE MATERIALS.— responsible directly to the motor carrier that a applicable to the shipment, such dispute shall be ‘‘(1) IN GENERAL.—Notwithstanding sub- reduction, allowance, or other adjustment may resolved by the Panel. sections (b), (c), and (d), a person from whom apply. ‘‘(d) CLAIMS INVOLVING PUBLIC WAREHOUSE- the additional legally applicable and effective ‘‘§ 13709. Procedures for resolving claims in- MEN.—Notwithstanding subsections (b) and (c), tariff rate or charges are sought shall not be lia- volving unfiled, negotiated transportation a person from whom the additional legally ap- ble for the difference between the carrier’s ap- rates plicable and effective tariff rate or charges are plicable and effective tariff rate and the rate ‘‘(a) TRANSPORTATION PROVIDED AT RATES sought may elect to satisfy the claim by pay- originally billed and paid— OTHER THAN LEGAL TARIFF RATES.— ment of 5 percent of the difference between the ‘‘(A) if such person qualifies as a small-busi- ‘‘(1) IN GENERAL.—When a claim is made by a carrier’s applicable and effective tariff rate and ness concern under the Small Business Act (15 motor carrier of property (other than a house- the rate originally billed and paid if such person U.S.C. 631 et seq.), November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12285

‘‘(B) if such person is an organization which subchapter II of chapter 105 as in effect on the ‘‘(f) DEFINITIONS.—In this section, the term is described in section 501(c)(3) of the Internal day before the effective date of this section, a ‘‘negotiated rate’’ means a rate, charge, classi- Revenue Code of 1986 and exempt from tax freight forwarder (other than a household goods fication, or rule agreed upon by a motor carrier under section 501(a) of such Code, or freight forwarder), or a party representing such or freight forwarder and a shipper through ne- ‘‘(C) if the cargo involved in the claim is recy- a carrier or freight forwarder to attempt to gotiations pursuant to which no tariff was law- clable materials. charge or to charge for a transportation service fully and timely filed and for which there is ‘‘(2) RECYCLABLE MATERIALS DEFINED.—In the difference between (1) the applicable rate written evidence of such agreement. this subsection, the term ‘recyclable materials’ that was lawfully in effect pursuant to a tariff ‘‘(g) APPLICABILITY TO PENDING CASES.—This means waste products for recycling or reuse in that was filed in accordance with this chapter section shall apply to all cases and proceedings the furtherance of recognized pollution control or, with respect to transportation provided be- pending on the effective date of this section. programs. fore the effective date of this section, in accord- ‘‘§ 13711. Government traffic ‘‘§ 13710. Additional billing and collecting ance with chapter 107 as in effect on the date ‘‘A carrier providing transportation or service practices the transportation was provided by the carrier for the United States Government may transport ‘‘(a) MISCELLANEOUS PROVISIONS.— or freight forwarder applicable to such transpor- property or individuals for the United States ‘‘(1) INFORMATION RELATING TO BASIS OF tation service and (2) the negotiated rate for Government without charge or at a rate reduced RATE.—A motor carrier of property (other than such transportation service if the carrier or from the applicable commercial rate. Section a motor carrier providing transportation in non- freight forwarder is no longer transporting 3709 of the Revised Statutes (41 U.S.C. 5) does contiguous domestic trade) shall provide to the property between places described in section not apply when transportation for the United shipper, on request of the shipper, a written or 13501(1) or is transporting property between States Government can be obtained from a car- electronic copy of the rate, classification, rules, places described in section 13501(1) for the pur- rier lawfully operating in the area where the and practices, upon which any rate applicable pose of avoiding application of this section. transportation would be provided. ‘‘(b) JURISDICTION OF PANEL.— to its shipment or agreed to between the shipper ‘‘§ 13712. Food and grocery transportation and carrier may have been based. ‘‘(1) DETERMINATION.—The Panel shall have ‘‘(a) CERTAIN COMPENSATION PROHIBITED.— ‘‘(2) REASONABLENESS OF RATES; COLLECTING jurisdiction to make a determination of whether Notwithstanding any other provision of law, it ADDITIONAL CHARGES.—When the applicability or not attempting to charge or the charging of or reasonableness of the rates and related provi- a rate by a motor carrier or freight forwarder or shall not be unlawful for a seller of food and sions billed by a motor carrier is challenged by party representing a motor carrier or freight for- grocery products using a uniform zone delivered the person paying the freight charges, the Panel warder is an unreasonable practice under sub- pricing system to compensate a customer who shall determine whether such rates and provi- section (a). If the Panel determines that at- picks up purchased food and grocery products sions are reasonable or applicable based on the tempting to charge or the charging of the rate is at the shipping point of the seller if such com- record before it. an unreasonable practice under subsection (a), pensation is available to all customers of the ‘‘(3) BILLING DISPUTES.— the carrier, freight forwarder, or party may not seller on a nondiscriminatory basis and does not ‘‘(A) INITIATED BY MOTOR CARRIERS.—In those collect the difference described in subsection (a) exceed the actual cost to the seller of delivery to cases where a motor carrier (other than a motor between the applicable rate and the negotiated such customer. carrier providing transportation of household rate for the transportation service. ‘‘(b) SENSE OF CONGRESS.—It is the sense of goods or in noncontiguous domestic trade) seeks ‘‘(2) FACTORS TO CONSIDER.—In making a de- the Congress that any savings accruing to a to collect charges in addition to those billed and termination under paragraph (1), the Panel customer by reason of compensation permitted collected which are contested by the payor, the shall consider— by subsection (a) of this section should be carrier may request that the Panel determine ‘‘(A) whether the person was offered a trans- passed on to the ultimate consumer. whether any additional charges over those portation rate by the carrier or freight for- ‘‘CHAPTER 139—REGISTRATION billed and collected must be paid. A carrier must warder or party other than that legally on file ‘‘Sec. issue any bill for charges in addition to those with the Interstate Commerce Commission or the ‘‘13901. Requirement for registration. originally billed within 180 days of the receipt of Panel, as required at the time of the movement ‘‘13902. Registration of motor carriers. the original bill in order to have the right to col- for the transportation service; ‘‘13903. Registration of freight forwarders. lect such charges. ‘‘(B) whether the person tendered freight to ‘‘13904. Registration of brokers. ‘‘(B) INITIATED BY SHIPPERS.—If a shipper the carrier or freight forwarder in reasonable re- ‘‘13905. Effective periods of registration. seeks to contest the charges originally billed or liance upon the offered transportation rate; ‘‘13906. Security of motor carriers, brokers, and additional charges subsequently billed, the ship- ‘‘(C) whether the carrier or freight forwarder freight forwarders. per may request that the Panel determine did not properly or timely file with the Inter- ‘‘13907. Household goods agents. whether the charges billed must be paid. A ship- state Commerce Commission or the Panel, as re- ‘‘13908. Registration and other reforms. per must contest the original bill or subsequent quired, a tariff providing for such transpor- ‘‘§ 13901. Requirement for registration tation rate or failed to enter into an agreement bill within 180 days of receipt of the bill in order ‘‘A person may provide transportation or serv- to have the right to contest such charges. for contract carriage; ‘‘(D) whether the transportation rate was ice subject to jurisdiction under subchapter I or ‘‘(4) VOIDING OF CERTAIN TARIFFS.—Any tariff billed and collected by the carrier or freight for- III of chapter 135 or be a broker for transpor- on file with the Interstate Commerce Commis- tation subject to jurisdiction under subchapter I sion on August 26, 1994, and not required to be warder; and ‘‘(E) whether the carrier or freight forwarder of that chapter, only if the person is registered filed after that date is null and void beginning or party demands additional payment of a high- under this chapter to provide the transportation on that date. Any tariff on file with the Inter- er rate filed in a tariff. or service. state Commerce Commission on the effective date ‘‘(c) STAY OF ADDITIONAL COMPENSATION.— ‘‘§ 13902. Registration of motor carriers of this section and not required to be filed after When a person proceeds under this section to that date is null and void beginning on that ‘‘(a) MOTOR CARRIER GENERALLY.— challenge the reasonableness of the practice of a date. ‘‘(1) IN GENERAL.—Except as provided in this motor carrier, freight forwarder, or party de- section, the Secretary shall register a person to ‘‘(b) RESOLUTION OF DISPUTES OVER STATUS scribed in subsection (a) to attempt to charge or provide transportation subject to jurisdiction OF COMMON CARRIER OR CONTRACT CARRIER.— to charge the difference described in subsection If a motor carrier (other than a motor carrier under subchapter I of chapter 135 of this title as (a) between the applicable rate and the nego- providing transportation of household goods) a motor carrier if the Secretary finds that the tiated rate for the transportation service in ad- that was subject to jurisdiction under sub- person is willing and able to comply with— dition to those charges already billed and col- chapter II of chapter 105, as in effect on the day ‘‘(A) this part and the applicable regulations lected for the transportation service, the person before the effective date of this section, and that of the Secretary and the Panel; shall not have to pay any additional compensa- ‘‘(B) any safety regulations imposed by the had authority to provide transportation as both tion to the carrier, freight forwarder, or party Secretary and the safety fitness requirements es- a motor common carrier and a motor contract until the Panel has made a determination as to tablished by the Secretary under section 31144; carrier and a dispute arises as to whether cer- the reasonableness of the practice as applied to and tain transportation that was provided prior to the freight of the person against whom the claim ‘‘(C) the minimum financial responsibility re- the effective date of this section was provided in is made. quirements established by the Secretary pursu- its common carrier or contract carrier capacity ‘‘(d) TREATMENT.—Subsection (a) is an excep- ant to sections 13906 and 31138. and the parties are not able to resolve the dis- tion to the requirements of section 13702 and, for ‘‘(2) CONSIDERATION OF EVIDENCE; FINDINGS.— pute consensually, the Panel shall resolve the transportation provided before the effective date The Secretary shall consider and, to the extent dispute. of this section, to the requirements of sections applicable, make findings on, any evidence dem- ‘‘§ 13711. Alternative procedure for resolving 10761(a) and 10762, as in effect on the day before onstrating that the registrant is unable to com- undercharge disputes such effective date, as such sections relate to a ply with the requirements of subparagraph (A), ‘‘(a) GENERAL RULE.—It shall be an unreason- filed tariff rate and other general tariff require- (B), or (C) of paragraph (1). able practice for a motor carrier of property ments. ‘‘(3) WITHHOLDING.—If the Secretary deter- (other than a household goods carrier) provid- ‘‘(e) NONAPPLICABILITY OF NEGOTIATED RATE mines that any registrant under this section ing transportation subject to jurisdiction under DISPUTE RESOLUTION PROCEDURE.—If a person does not meet the requirements of paragraph (1), subchapter I of chapter 135 or, before the effec- elects to seek enforcement of subsection (a) with the Secretary shall withhold registration. tive date of this section, to have provided trans- respect to a rate for a transportation or service, ‘‘(4) LIMITATION ON COMPLAINTS.—The Sec- portation that was subject to jurisdiction under section 13709 shall not apply to such rate. retary may hear a complaint from any person H 12286 CONGRESSIONAL RECORD — HOUSE November 14, 1995 concerning a registration under this subsection under subchapter I of chapter 135 until such eign country or owned or controlled by persons only on the ground that the registrant fails or time as the carrier takes such action as is nec- of any contiguous foreign country permitted in will fail to comply with this part, the applicable essary to establish under the laws of such State the commercial zones along the United States- regulations of the Secretary and the Panel, the rates, rules, and practices applicable to such Mexico border as such zones were defined on the safety regulations of the Secretary, or the safety transportation, but in no case later than the day before the effective date of this section; or fitness or minimum financial responsibility re- 30th day following the date on which the motor ‘‘(B) any existing restrictions on operations of quirements of paragraph (1) of this subsection. carrier of passengers first begins providing motor carriers of property or passengers domi- ‘‘(b) MOTOR CARRIERS OF PASSENGERS.— transportation entirely in one State under this ciled in any contiguous foreign country or ‘‘(1) REGISTRATION OF PRIVATE RECIPIENTS OF paragraph. owned or controlled by persons of any contig- GOVERNMENTAL ASSISTANCE.—The Secretary ‘‘(6) SPECIAL OPERATIONS.—This subsection uous foreign country or any modifications shall register under subsection (a)(1) a private shall not apply to any regular-route transpor- thereof pursuant to section 6 of the Bus Regu- recipient of governmental assistance to provide tation of passengers provided entirely in one latory Reform Act of 1982. special or charter transportation subject to ju- State which is in the nature of a special oper- ‘‘(5) PUBLICATION; COMMENT.—Unless the risdiction under subchapter I of chapter 135 as ation. President, or the delegate thereof, determines a motor carrier of passengers if the Secretary ‘‘(7) SUSPENSION OR REVOCATION.—Intrastate that expeditious action is required, the Presi- finds that the recipient meets the requirements transportation authorized under this subsection dent shall publish in the Federal Register any of subsection (a)(1), unless the Secretary finds, may be suspended or revoked by the Secretary determination under paragraph (1) or (3), to- on the basis of evidence presented by any person under section 13905 of this title at any time. gether with a description of the facts on which objecting to the registration, that the transpor- ‘‘(8) DEFINITIONS.—In this subsection, the fol- such a determination is based and any proposed tation to be provided pursuant to the registra- lowing definitions apply: action to be taken pursuant to paragraph (1)(B) tion is not in the public interest. ‘‘(A) PUBLIC RECIPIENT OF GOVERNMENTAL AS- or (3), and provide an opportunity for public ‘‘(2) REGISTRATION OF PUBLIC RECIPIENTS OF SISTANCE.—The term ‘public recipient of govern- comment. GOVERNMENTAL ASSISTANCE.— mental assistance’ means— ‘‘(A) CHARTER TRANSPORTATION.—The Sec- ‘‘(i) any State, ‘‘(6) DELEGATION TO SECRETARY.—The Presi- retary shall register under subsection (a)(1) a ‘‘(ii) any municipality or other political sub- dent may delegate any or all authority under public recipient of governmental assistance to division of a State, this subsection to the Secretary, who shall con- provide special or charter transportation subject ‘‘(iii) any public agency or instrumentality of sult with other agencies as appropriate. In ac- to jurisdiction under subchapter I of chapter 135 one or more States and municipalities and polit- cordance with the directions of the President, as a motor carrier of passengers if the Secretary ical subdivisions of a State, the Secretary may issue regulations to enforce finds that— ‘‘(iv) any Indian tribe, this subsection. ‘‘(i) the recipient meets the requirements of ‘‘(v) any corporation, board, or other person ‘‘(7) CIVIL ACTIONS.—Either the Secretary or subsection (a)(1); and owned or controlled by any entity described in the Attorney General may bring a civil action in ‘‘(ii)(I) no motor carrier of passengers (other clause (i), (ii), (iii), or (iv), and an appropriate district court of the United than a motor carrier of passengers which is a which before, on, or after the effective date of States to enforce this subsection or a regulation public recipient of governmental assistance) is this subsection received governmental assistance prescribed or order issued under this subsection. providing, or is willing to provide, the transpor- for the purchase or operation of any bus. The court may award appropriate relief, includ- tation; or ‘‘(B) PRIVATE RECIPIENT OF GOVERNMENT AS- ing injunctive relief. ‘‘(II) the transportation is to be provided en- SISTANCE.—The term ‘private recipient of gov- ‘‘(8) LIMITATION ON STATUTORY CONSTRUC- tirely in the area in which the public recipient ernment assistance’ means any person (other TION.—This subsection shall not be construed as provides regularly scheduled mass transpor- than a person described in subparagraph (A)) affecting the requirement for all foreign motor tation services. who before, on, or after the effective date of this carriers operating in the United States to com- ‘‘(B) REGULAR-ROUTE TRANSPORTATION.—The paragraph received governmental financial as- ply with all applicable laws and regulations Secretary shall register under subsection (a)(1) a sistance in the form of a subsidy for the pur- pertaining to fitness, safety of operations, fi- public recipient of governmental assistance to chase, lease, or operation of any bus. nancial responsibility, and taxes imposed by sec- provide regular-route transportation subject to ‘‘(c) RESTRICTIONS ON MOTOR CARRIERS DOMI- tion 4481 of the Internal Revenue Code of 1986. jurisdiction under subchapter I of chapter 135 as CILED IN OR OWNED OR CONTROLLED BY NATION- ‘‘(d) MOTOR CARRIER DEFINED.—In this sec- a motor carrier of passengers if the Secretary ALS OF A CONTIGUOUS FOREIGN COUNTRY.— tion and sections 13905 and 13906, the term finds that the recipient meets the requirements ‘‘(1) PREVENTION OF DISCRIMINATORY PRAC- ‘motor carrier’ includes foreign motor carriers of subsection (a)(1), unless the Secretary finds, TICES.—If the President, or the delegate thereof, and foreign motor private carriers. on the basis of evidence presented by any person determines that an act, policy, or practice of a objecting to the registration, that the transpor- foreign country contiguous to the United States, ‘‘§ 13903. Registration of freight forwarders tation to be provided pursuant to the registra- or any political subdivision or any instrumen- ‘‘(a) IN GENERAL.—The Secretary shall reg- tion is not in the public interest. tality of any such country is unreasonable or ister a person to provide service subject to juris- ‘‘(C) TREATMENT OF CERTAIN PUBLIC RECIPI- discriminatory and burdens or restricts United diction under subchapter III of chapter 135 as a ENTS.—Any public recipient of governmental as- States transportation companies providing, or freight forwarder if the Secretary finds that the sistance which is providing or seeking to provide seeking to provide, motor carrier transportation person is willing and able to provide the service transportation of passengers subject to jurisdic- to, from, or within such foreign country, the and to comply with this part and applicable reg- tion under subchapter I of chapter 135 shall, for President or such delegate may— ulations of the Secretary and the Panel. purposes of this part, be treated as a person ‘‘(A) seek elimination of such practices ‘‘(b) REGISTRATION AS CARRIER REQUIRED.— which is providing or seeking to provide trans- through consultations; or The freight forwarder may provide transpor- portation of passengers subject to such jurisdic- ‘‘(B) notwithstanding any other provision of tation as the carrier itself only if the freight for- tion. law, suspend, modify, amend, condition, or re- warder also has registered to provide transpor- ‘‘(3) INTRASTATE TRANSPORTATION.—A motor strict operations, including geographical restric- tation as a carrier under this chapter. carrier of passengers that is registered by the tion of operations, in the United States by motor Secretary under subsection (a) is authorized to carriers of property or passengers domiciled in ‘‘§ 13904. Registration of brokers provide regular-route transportation entirely in such foreign country or owned or controlled by ‘‘(a) IN GENERAL.—The Secretary shall reg- one State as a motor carrier of passengers if persons of such foreign country. ister, subject to section 13906(b), a person to be such intrastate transportation is to be provided ‘‘(2) EQUALIZATION OF TREATMENT.—Any ac- a broker for transportation of property subject on a route over which the carrier provides inter- tion taken under paragraph (1)(A) to eliminate to jurisdiction under subchapter I of chapter state transportation of passengers. an act, policy, or practice shall be so devised so 135, if the Secretary finds that the person is ‘‘(4) PREEMPTION REGARDING CERTAIN SERV- as to equal to the extent possible the burdens or willing and able to be a broker for transpor- ICE.—No State or political subdivision thereof restrictions imposed by such foreign country on tation and to comply with this part and applica- and no interstate agency or other political agen- United States transportation companies. ble regulations of the Secretary . cy of 2 or more States shall enact or enforce any ‘‘(3) REMOVAL OR MODIFICATION.—The Presi- law, rule, regulation, standard or other provi- dent, or the delegate thereof, may remove or ‘‘(b) LIMITATION.—The broker may provide sion having the force and effect of law relating modify in whole or in part any action taken transportation itself only if the broker also has to the provision of pickup and delivery of ex- under paragraph (1)(A) if the President or such registered to provide transportation as a carrier press packages, newspapers, or mail in a com- delegate determines that such removal or modi- under this chapter. mercial zone if the shipment has had or will fication is consistent with the obligations of the ‘‘(c) REGULATIONS TO PROTECT SHIPPERS.— have a prior or subsequent movement by bus in United States under a trade agreement or with Regulations of the Secretary applicable to bro- intrastate commerce and, if a city within the United States transportation policy. kers registered under this section shall provide commercial zone, is served by a motor carrier of ‘‘(4) PROTECTION OF EXISTING OPERATIONS.— for the protection of shippers by motor vehicle. passengers providing regular-route transpor- Unless and until the President, or the delegate ‘‘(d) BOND AND INSURANCE.—The Secretary tation of passengers subject to jurisdiction thereof, makes a determination under para- may impose on brokers for motor carriers of pas- under subchapter I of chapter 135. graph (1) or (3), nothing in this subsection shall sengers such requirements for bonds or insur- ‘‘(5) TREATMENT.—Any intrastate transpor- affect— ance or both as the Secretary determines are tation authorized by this subsection shall be ‘‘(A) operations of motor carriers of property needed to protect passengers and carriers deal- treated as transportation subject to jurisdiction or passengers domiciled in any contiguous for- ing with such brokers. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12287 ‘‘§ 13905. Effective periods of registration retary may require any such motor carrier to file ‘‘§ 13907. Household goods agents ‘‘(a) PERSON HOLDING ACC AUTHORITY.—Any the type of security that a motor carrier is re- ‘‘(a) CARRIERS RESPONSIBLE FOR AGENTS.— person having authority to provide transpor- quired to file under paragraph (1) of this sub- Each motor carrier providing transportation of tation or service as a motor carrier, freight for- section. This paragraph only applies to a for- household goods shall be responsible for all acts warder, or broker under this title, as in effect on eign motor private carrier and foreign motor or omissions of any of its agents which relate to the day before the effective date of this section, carrier operating in the United States to the ex- the performance of household goods transpor- shall be deemed, for purposes of this part, to be tent that such carrier is providing transpor- tation services (including accessorial or terminal registered to provide such transportation or tation between places in a foreign country or be- services) and which are within the actual or ap- tween a place in one foreign country and a service under this part. parent authority of the agent from the carrier or place in another foreign country. ‘‘(b) IN GENERAL.—Each registration issued which are ratified by the carrier. ‘‘(3) TRANSPORTATION INSURANCE.—The Sec- under section 13902, 13903, or 13904 shall be ef- ‘‘(b) STANDARD FOR SELECTING AGENTS.—Each fective from the date specified by the Secretary retary may require a registered motor carrier to file with the Secretary a type of security suffi- motor carrier providing transportation of house- and shall remain in effect, except as otherwise hold goods shall use due diligence and reason- provided in this part. cient to pay a shipper or consignee for damage to property of the shipper or consignee placed in able care in selecting and maintaining agents ‘‘(c) SUSPENSION, AMENDMENTS, AND REVOCA- the possession of the motor carrier as the result who are sufficiently knowledgeable, fit, willing, TIONS.—On application of the registrant, the of transportation provided under this part. A and able to provide adequate household goods Secretary may amend or revoke a registration. transportation services (including accessorial On complaint or on the Secretary’s own initia- carrier required by law to pay a shipper or con- signee for loss, damage, or default for which a and terminal services) and to fulfill the obliga- tive and after notice and an opportunity for a connecting motor carrier is responsible is sub- tions imposed upon them by this part and by proceeding, the Secretary may suspend, amend, rogated, to the extent of the amount paid, to the such carrier. or revoke any part of the registration of a motor rights of the shipper or consignee under any ‘‘(c) ENFORCEMENT.— carrier, broker, or freight forwarder for willful such security. ‘‘(1) COMPLAINT.—Whenever the Secretary has failure to comply with this part, an applicable ‘‘(b) BROKER REQUIREMENTS.—The Secretary reason to believe from a complaint or investiga- regulation or order of the Secretary or of the may register a person as a broker under section tion that an agent providing household goods Panel, or a condition of its registration. 13904 only if the person files with the Secretary transportation services (including accessorial ‘‘(d) PROCEDURE.—Except on application of a bond, insurance policy, or other type of secu- and terminal services) under the authority of a the registrant, the Secretary may revoke a reg- rity approved by the Secretary to ensure that motor carrier providing transportation of house- istration of a motor carrier, freight forwarder, the transportation for which a broker arranges hold goods has violated section 14901(e) or 14912 or broker, only after— is provided. The registration remains in effect or is consistently not fit, willing, and able to ‘‘(1) the Secretary has issued an order to the only as long as the broker continues to satisfy registrant under section 14701 requiring compli- provide adequate household goods transpor- the security requirements of this subsection. tation services (including accessorial and termi- ance with this part, a regulation of the Sec- ‘‘(c) FREIGHT FORWARDER REQUIREMENTS.— retary, or a condition of the registration; and nal services), the Secretary may issue to such ‘‘(1) LIABILITY INSURANCE.—The Secretary agent a complaint stating the charges and con- ‘‘(2) the registrant willfully does not comply may register a person as a freight forwarder with the order for a period of 30 days. taining notice of the time and place of a hearing under section 13903 of this title only if the per- which shall be held no later than 60 days after ‘‘(e) EXPEDITED PROCEDURE.— son files with the Secretary a bond, insurance service of the complaint to such agent. ‘‘(1) PROTECTION OF SAFETY.—Without regard policy, or other type of security approved by the ‘‘(2) RIGHT TO DEFEND.—The agent shall have to subchapter II of chapter 5 of title 5, the Sec- Secretary. The security must be sufficient to the right to appear at such hearing and rebut retary may suspend the registration of a motor pay, not more than the amount of the security, carrier, a freight forwarder, or a broker for fail- for each final judgment against the freight for- the charges contained in the complaint. ure to comply with safety requirements of the warder for bodily injury to, or death of, an indi- ‘‘(3) ORDER.—If the agent does not appear at Secretary or the safety fitness requirements pur- vidual, or loss of, or damage to, property (other the hearing or if the Secretary finds that the suant to section 13904(c), 13906, or 31144, of this than property referred to in paragraph (2) of agent has violated section 14901(e) or 14912 or is title, or an order or regulation of the Secretary this subsection), resulting from the negligent op- consistently not fit, willing, and able to provide prescribed under those sections. eration, maintenance, or use of motor vehicles adequate household goods transportation serv- ‘‘(2) IMMINENT HAZARD TO PUBLIC HEALTH.— by or under the direction and control of the ices (including accessorial and terminal serv- Without regard to subchapter II of chapter 5 of freight forwarder when providing transfer, col- ices), the Secretary may issue an order to compel title 5, the Secretary may suspend a registration lection, or delivery service under this part. compliance with the requirement that the agent of a motor carrier of passengers if the Secretary ‘‘(2) FREIGHT FORWARDER INSURANCE.—The be fit, willing, and able. Thereafter, the Sec- finds that such carrier has been conducting un- Secretary may require a registered freight for- retary may issue an order to limit, condition, or safe operations which are an imminent hazard warder to file with the Secretary a bond, insur- prohibit such agent from any involvement in the to public health or property. ance policy, or other type of security approved transportation or provision of services inciden- ‘‘(3) NOTICE; PERIOD OF SUSPENSION.—The by the Secretary sufficient to pay, not more tal to the transportation of household goods if, Secretary may suspend under this subsection than the amount of the security, for loss of, or after notice and an opportunity for a hearing, the registration only after giving notice of the damage to, property for which the freight for- the Secretary finds that such agent, within a suspension to the registrant. The suspension re- warder provides service. reasonable time after the date of issuance of a mains in effect until the registrant complies with ‘‘(3) EFFECTIVE PERIOD.—The freight for- compliance order under this section, but in no those applicable sections or, in the case of a sus- warder’s registration remains in effect only as event less than 30 days after such date of issu- pension under paragraph (2), until the Sec- long as the freight forwarder continues to sat- ance, has willfully failed to comply with such retary revokes such suspension. isfy the security requirements of this subsection. order. ‘‘(d) TYPE OF INSURANCE.—The Secretary may ‘‘§ 13906. Security of motor carriers, brokers, ‘‘(4) HEARING.—Upon filing of a petition with determine the type and amount of security filed and freight forwarders the Secretary by an agent who is the subject of under this section. A motor carrier may submit an order issued pursuant to the second sentence ‘‘(a) MOTOR CARRIER REQUIREMENTS.— proof of qualifications as a self-insurer to sat- of paragraph (3) of this subsection and after no- ‘‘(1) LIABILITY INSURANCE REQUIREMENT.—The isfy the security requirements of this section. tice, a hearing shall be held with an oppor- Secretary may register a motor carrier under The Secretary shall adopt regulations governing section 13902 only if the registrant files with the tunity to be heard. At such hearing, a deter- the standards for approval as a self-insurer. mination shall be made whether the order issued Secretary a bond, insurance policy, or other Motor carriers which have been granted author- type of security approved by the Secretary, in pursuant to paragraph (3) of this subsection ity to self-insure as of the effective date of this should be rescinded. an amount not less than such amount as the section shall retain that authority unless, for ‘‘(5) COURT REVIEW.—Any agent adversely af- Secretary prescribes pursuant to, or as is re- good cause shown and after notice and an op- fected or aggrieved by an order of the Secretary quired by, sections 31138 and 31139, and the portunity for a hearing, the Secretary finds that issued under this subsection may seek relief in laws of the State or States in which the reg- the authority must be revoked. the appropriate United States court of appeals istrant is operating, to the extent applicable. ‘‘(e) NOTICE OF CANCELLATION OF INSUR- as provided by and in the manner prescribed in The security must be sufficient to pay, not more ANCE.—The Secretary shall issue regulations re- than the amount of the security, for each final quiring the submission to the Secretary of no- chapter 158 of title 28, United States Code. judgment against the registrant for bodily in- tices of insurance cancellation sufficiently in ‘‘(d) LIMITATION ON APPLICABILITY OF ANTI- jury to, or death of, an individual resulting advance of actual cancellation so as to enable TRUST LAWS.— from the negligent operation, maintenance, or the Secretary to promptly revoke the registra- ‘‘(1) IN GENERAL.—The antitrust laws, as de- use of motor vehicles, or for loss or damage to tion of any carrier or broker after the effective fined in the first section of the Clayton Act (15 property (except property referred to in para- date of the cancellation. U.S.C. 12), do not apply to discussions or agree- graph (3) of this subsection), or both. A registra- ‘‘(f) FORM OF ENDORSEMENT.—The Secretary ments between a motor carrier providing trans- tion remains in effect only as long as the reg- shall also prescribe the appropriate form of en- portation of household goods and its agents istrant continues to satisfy the security require- dorsement to be appended to policies of insur- (whether or not an agent is also a carrier) relat- ments of this paragraph. ance and surety bonds which will subject the in- ed solely to— ‘‘(2) AGENCY REQUIREMENT.—A motor carrier surance policy or surety bond to the full secu- ‘‘(A) rates for the transportation of household shall comply with the requirements of sections rity limits of the coverage required under this goods under the authority of the principal car- 13303 and 13304. To protect the public, the Sec- section. rier; H 12288 CONGRESSIONAL RECORD — HOUSE November 14, 1995

‘‘(B) accessorial, terminal, storage, or other under section 14504), the Secretary may prevent ‘‘(b) RESPONSIBLE PARTY FOR LOADING AND charges for services incidental to the transpor- any State or political subdivision thereof, or any UNLOADING.—The Secretary shall require, by tation of household goods transported under the political authority of 2 or more States, from im- regulation, that any arrangement, between a authority of the principal carrier; posing any insurance filing requirements or fees motor carrier of property providing transpor- ‘‘(C) allowances relating to transportation of that are for the same purposes as filings or fees tation subject to jurisdiction under subchapter I household goods under the authority of the the Secretary requires under the new system of chapter 135 and any other person, under principal carrier; and under subsection (a). which such other person is to provide any por- ‘‘(D) ownership of a motor carrier providing ‘‘(e) DEADLINE FOR CONCLUSION; MODIFICA- tion of such transportation by a motor vehicle transportation of household goods by an agent TIONS.—Not later than 24 months after the effec- not owned by the carrier shall specify, in writ- or membership on the board of directors of any tive date of this section, the Secretary— ing, who is responsible for loading and unload- such motor carrier by an agent. ‘‘(1) shall conclude the rulemaking under this ing the property onto and from the motor vehi- ‘‘(2) PANEL REVIEW.—The Panel, upon its own section; cle. initiative or request, shall review any activities ‘‘(2) may implement such changes under this ‘‘§ 14103. Loading and unloading motor vehi- undertaken under paragraph (1) and shall mod- section as the Secretary considers appropriate cles ify or terminate the activity if necessary to pro- and in the public interest; and ‘‘(a) SHIPPER RESPONSIBLE FOR ASSISTING.— tect the public interest. ‘‘(3) shall transmit to Congress a report on Whenever a shipper or receiver of property re- ‘‘(e) DEFINITIONS.—In this section, the follow- any findings of the rulemaking and the changes quires that any person who owns or operates a ing definitions apply: being implemented under this section, together motor vehicle transporting property in interstate ‘‘(1) HOUSEHOLD GOODS.—The term ‘household with such recommendations for legislative lan- commerce (whether or not such transportation is goods’ has the meaning such term had under guage necessary to conform this part to such subject to jurisdiction under subchapter I of section 10102(11) of this title, as in effect on the changes. chapter 135) be assisted in the loading or un- day before the effective date of this section. ‘‘CHAPTER 141—OPERATIONS OF loading of such vehicle, the shipper or receiver ‘‘(2) TRANSPORTATION.—The term ‘transpor- CARRIERS shall be responsible for providing such assist- tation’ means transportation that would be sub- ‘‘SUBCHAPTER I—GENERAL ance or shall compensate the owner or operator ject to the jurisdiction of the Interstate Com- REQUIREMENTS for all costs associated with securing and com- merce Commission under subchapter II of chap- pensating the person or persons providing such ‘‘Sec. ter 105 of this title, as in effect on the day before assistance. ‘‘14101. Providing transportation and service. such effective date, if such subchapter were still ‘‘(b) COERCION PROHIBITED.—It shall be un- in effect. ‘‘14102. Leased motor vehicles. lawful to coerce or attempt to coerce any person ‘‘14103. Loading and unloading motor vehicles. ‘‘§ 13908. Registration and other reforms providing transportation of property by motor ‘‘14104. Household goods carrier operations. ‘‘(a) REGULATIONS REPLACING CERTAIN PRO- vehicle for compensation in interstate commerce ‘‘SUBCHAPTER II—REPORTS AND RECORDS GRAMS.—The Secretary, in cooperation with the (whether or not such transportation is subject to States, and after notice and opportunity for ‘‘14121. Definitions. jurisdiction under subchapter I of chapter 135) public comment, shall issue regulations to re- ‘‘14122. Records: form; inspection; preservation. to load or unload any part of such property place the current Department of Transportation ‘‘14123. Financial reporting. onto or from such vehicle or to employ or pay identification number system, the single State ‘‘SUBCHAPTER I—GENERAL one or more persons to load or unload any part registration system under section 14504, the reg- REQUIREMENTS of such property onto or from such vehicle; ex- cept that this subsection shall not be construed istration system contained in this chapter, and ‘‘§ 14101. Providing transportation and service the financial responsibility information system as making unlawful any activity which is not ‘‘(a) ON REASONABLE REQUEST.—A carrier under section 13906 with a single, on-line, Fed- unlawful under the National Labor Relations providing transportation or service subject to ju- Act or the Act of March 23, 1932 (47 Stat. 70; 29 eral system. The new system shall serve as a risdiction under chapter 135 shall provide the clearinghouse and depository of information on U.S.C. 101 et seq.), commonly known as the Nor- transportation or service on reasonable request. ris-LaGuardia Act. and identification of all foreign and domestic In addition, a motor carrier shall provide safe ‘‘§ 14104. Household goods carrier operations motor carriers, brokers, and freight forwarders, and adequate service, equipment, and facilities. and others required to register with the Depart- ‘‘(a) GENERAL REGULATORY AUTHORITY.— ‘‘(b) CONTRACTS WITH SHIPPERS.— ment as well as information on safety fitness ‘‘(1) PAPERWORK MINIMIZATION.—The Sec- ‘‘(1) IN GENERAL.—A carrier providing trans- retary may issue regulations, including regula- and compliance with required levels of financial portation or service subject to jurisdiction under tions protecting individual shippers, in order to responsibility. In issuing the regulations, the chapter 135 may enter into a contract with a carry out this part with respect to the transpor- Secretary shall consider whether or not to inte- shipper, other than for the movement of house- tation of household goods by motor carriers sub- grate the requirements of section 13304 into the hold goods described in section 13102(9)(A), to ject to jurisdiction under subchapter I of chap- new system and may integrate such require- provide specified services under specified rates ter 135. The regulations and paperwork required ments into the new system. and conditions. If the shipper, in writing, ex- of motor carriers providing transportation of ‘‘(b) FACTORS TO BE CONSIDERED.—In con- pressly waives all rights and remedies under this household goods shall be minimized to the maxi- ducting the rulemaking under subsection (a), part for the transportation covered by the con- mum extent feasible consistent with the protec- the Secretary shall, at a minimum, consider the tract, the transportation provided under the tion of individual shippers. following factors: contract shall not be subject to this part and ‘‘(1) Funding for State enforcement of motor ‘‘(2) PERFORMANCE STANDARDS.— may not be subsequently challenged on the ‘‘(A) IN GENERAL.—Regulations of the Sec- carrier safety regulations. ground that it violates a provision of this part. ‘‘(2) Whether the existing single State registra- retary protecting individual shippers shall in- ‘‘(2) REMEDY FOR BREACH OF CONTRACT.—The tion system is duplicative and burdensome. clude, where appropriate, reasonable perform- exclusive remedy for any alleged breach of a ance standards for the transportation of house- ‘‘(3) The justification and need for collecting contract entered into under this subsection shall the statutory fee for such system under section hold goods subject to jurisdiction under sub- be an action in an appropriate State court or chapter I of chapter 135. 14504(c)(2)(B)(iv). United States district court, unless the parties ‘‘(4) The public safety. ‘‘(B) FACTORS TO CONSIDER.—In establishing otherwise agree. ‘‘(5) The efficient delivery of transportation performance standards under this paragraph, services. ‘‘§ 14102. Leased motor vehicles the Secretary shall take into account at least ‘‘(6) How, and under what conditions, to ex- ‘‘(a) GENERAL AUTHORITY OF SECRETARY.— the following— tend the registration system to motor private The Secretary may require a motor carrier pro- ‘‘(i) the level of performance that can be carriers and to carriers exempt under sections viding transportation subject to jurisdiction achieved by a well-managed motor carrier trans- 13502, 13503, and 13506. under subchapter I of chapter 135 that uses porting household goods; ‘‘(ii) the degree of harm to individual shippers ‘‘(c) FEE SYSTEM.—The Secretary may estab- motor vehicles not owned by it to transport which could result from a violation of the regu- lish, under section 9701 of title 31, a fee system property under an arrangement with another lation; for registration and filing evidence of financial party to— ‘‘(iii) the need to set the level of performance responsibility under the new system under sub- ‘‘(1) make the arrangement in writing signed at a level sufficient to deter abuses which result section (a). Fees collected under the fee system by the parties specifying its duration and the in harm to consumers and violations of regula- shall cover the costs of operating and upgrading compensation to be paid by the motor carrier; tions; the registration system, including all personnel ‘‘(2) carry a copy of the arrangement in each ‘‘(iv) service requirements of the carriers; costs associated with the system. Fees collected motor vehicle to which it applies during the pe- ‘‘(v) the cost of compliance in relation to the under this subsection may be credited to the De- riod the arrangement is in effect; consumer benefits to be achieved from such com- partment of Transportation appropriations ac- ‘‘(3) inspect the motor vehicles and obtain li- pliance; and count for purposes for which such fees are col- ability and cargo insurance on them; and ‘‘(vi) the need to set the level of performance lected, and shall be available for expenditure ‘‘(4) have control of and be responsible for op- at a level designed to encourage carriers to offer until expended. erating those motor vehicles in compliance with service responsive to shipper needs. ‘‘(d) STATE REGISTRATION PROGRAMS.—If the requirements prescribed by the Secretary on ‘‘(3) LIMITATIONS ON STATUTORY CONSTRUC- Secretary determines that no State should re- safety of operations and equipment, and with TION.—Nothing in this section shall be con- quire insurance filings or collect fees for such other applicable law as if the motor vehicles strued to limit the Secretary’s authority to re- filings (including filings and fees authorized were owned by the motor carrier. quire reports from motor carriers providing November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12289

transportation of household goods or to require ‘‘(b) MATTERS TO BE COVERED.—In determin- tion (including public filing, recording, notation such carriers to provide specified information to ing the matters to be covered by any reports to on a certificate of title, and possession of collat- consumers concerning their past performance. be filed under subsection (a), the Secretary shall eral by the secured party), or the existence of ‘‘(b) ESTIMATES.— consider— facts, required under law to make a security in- ‘‘(1) AUTHORITY TO PROVIDE WITHOUT COM- ‘‘(1) safety needs; terest enforceable against general creditors and PENSATION.—Every motor carrier providing ‘‘(2) the need to preserve confidential business subsequent lien creditors of a debtor, but does transportation of household goods subject to ju- information and trade secrets and prevent com- not include compliance with requirements relat- risdiction under subchapter I of chapter 135, petitive harm; ed only to the establishment of a valid security upon request of a prospective shipper, may pro- ‘‘(3) private sector, academic, and public use interest between the debtor and the secured vide the shipper with an estimate of charges for of information in the reports; and party. transportation of household goods and for the ‘‘(4) the public interest. ‘‘(b) REQUIREMENTS FOR PERFECTION OF SECU- ‘‘(c) EXEMPTION FROM PUBLIC RELEASE.— proposed services. The Secretary shall not pro- RITY INTEREST.—A security interest in a motor ‘‘(1) IN GENERAL.—The Secretary shall allow, hibit any such carrier from charging a prospec- vehicle owned by, or in the possession and use upon request, a filer of a report under sub- tive shipper for providing a written, binding es- of, a carrier registered under section 13902 of section (a) that is not a publicly held corpora- timate for the transportation and proposed serv- this title and owing payment or performance of tion or that is not subject to financial reporting ices. an obligation secured by that security interest is requirements of the Securities and Exchange ‘‘(2) APPLICABILITY OF ANTITRUST LAWS.—Any perfected in all jurisdictions against all general, Commission, an exemption from the public re- charge for an estimate of charges provided by a and subsequent lien, creditors of, and all per- lease of such report. motor carrier to a shipper for transportation of sons taking a motor vehicle by sale (or taking or ‘‘(2) PROCEDURE.—After a request under para- household goods subject to jurisdiction under retaining a security interest in a motor vehicle) subchapter I of chapter 135 shall be subject to graph (1) and notice and opportunity for com- ment but no event later than 90 days after the from, that carrier when— the antitrust laws, as defined in the first section ‘‘(1) a certificate of title is issued for a motor of the Clayton Act (15 U.S.C. 12). date of such request, the Secretary shall ap- prove such request if the Secretary finds that vehicle under a law of a jurisdiction that re- ‘‘(c) FLEXIBILITY IN WEIGHING SHIPMENTS.— quires or permits indication, on a certificate or The Secretary shall issue regulations that pro- the exemption requested is necessary to avoid competitive harm and to avoid the disclosure of title, of a security interest in the motor vehicle vide motor carriers providing transportation of if the security interest is indicated on the certifi- household goods subject to jurisdiction under information that qualifies as a trade secret or privileged or confidential information under sec- cate; subchapter I of chapter 135 with the maximum ‘‘(2) a certificate of title has not been issued tion 552(b)(4) of title 5. possible flexibility in weighing shipments, con- and the law of the State where the principal ‘‘(3) USE OF DATA FOR INTERNAL DOT PUR- sistent with assurance to the shipper of accurate place of business of that carrier is located re- POSES.—If an exemption is granted under this weighing practices. The Secretary shall not pro- quires or permits public filing or recording of, or hibit such carriers from backweighing shipments subsection, nothing shall prevent the Secretary from using data from reports filed under this in relation to, that security interest if there has or from basing their charges on the reweigh been such a public filing or recording; and weights if the shipper observes both the tare and subsection for internal purposes of the Depart- ment of Transportation or including such data ‘‘(3) a certificate of title has not been issued gross weighings (or, prior to such weighings, and the security interest cannot be perfected waives in writing the opportunity to observe in aggregate industry statistics released for pub- lication if such inclusion would not render the under paragraph (2) of this subsection, if the se- such weighings) and such weighings are per- curity interest has been perfected under the law formed on the same scale. filer’s data readily identifiable. ‘‘(4) PERIOD OF EXEMPTIONS.—Exemptions (including the conflict of laws rules) of the State ‘‘SUBCHAPTER II—REPORTS AND RECORDS granted under this subsection shall be for 3-year where the principal place of business of that ‘‘§ 14121. Definitions periods. carrier is located. ‘‘In this subchapter, the following definitions ‘‘(5) PENDING REQUESTS.—The Secretary shall ‘‘§ 14302. Pooling and division of transpor- apply: not release publicly the report of a carrier mak- tation or earnings ‘‘(1) CARRIER AND BROKER.—The terms ‘car- ing a request under paragraph (1) while such re- ‘‘(a) APPROVAL REQUIRED.—A carrier provid- rier’ and ‘broker’ include a receiver or trustee of quest is pending. ing transportation subject to jurisdiction under a carrier and broker, respectively. ‘‘(d) STREAMLINING AND SIMPLIFICATION.—The subchapter I of chapter 135 may not agree or ‘‘(2) ASSOCIATION.—The term ‘association’ Secretary shall streamline and simplify, to the combine with another such carrier to pool or di- means an organization maintained by or in the maximum extent practicable, any reporting re- vide traffic or services or any part of their earn- interest of a group of carriers or brokers provid- quirements the Secretary imposes under this sec- ings without the approval of the Panel under ing transportation or service subject to jurisdic- tion. this section. tion under chapter 135 that performs a service, ‘‘CHAPTER 143—FINANCE ‘‘(b) STANDARDS FOR APPROVAL.—The Panel or engages in activities, related to transpor- ‘‘Sec. may approve and authorize an agreement or tation under this part. ‘‘14301. Security interests in certain motor vehi- combination between or among motor carriers of ‘‘§ 14122. Records: form; inspection; preserva- cles. passengers, or between a motor carrier of pas- tion ‘‘14302. Pooling and division of transportation sengers and a rail carrier of passengers if the ‘‘(a) FORM OF RECORDS.—The Secretary or the or earnings. carriers involved assent to the pooling or divi- Panel, as applicable, may prescribe the form of ‘‘14303. Consolidation, merger, and acquisition sion and the Panel finds that a pooling or divi- records required to be prepared or compiled of control of motor carriers of pas- sion of traffic, services, or earnings— under this subchapter by carriers and brokers, sengers. ‘‘(1) will be in the interest of better service to including records related to movement of traffic ‘‘§ 14301. Security interests in certain motor the public or of economy of operation; and and receipts and expenditures of money. vehicles ‘‘(2) will not unreasonably restrain competi- ‘‘(b) RIGHT OF INSPECTION.—The Secretary or ‘‘(a) DEFINITIONS.—In this section, the follow- tion. Panel, or an employee designated by the Sec- ing definitions apply: ‘‘(c) PROCEDURE.— retary or Panel, may on demand and display of ‘‘(1) MOTOR VEHICLE.—The term ‘motor vehi- ‘‘(1) APPLICATION.—Any motor carrier of proper credentials— cle’ means a truck of rated capacity (gross vehi- property may apply to the Panel for approval of ‘‘(1) inspect and examine the lands, buildings, cle weight) of at least 10,000 pounds, a highway an agreement or combination with another such and equipment of a carrier or broker; and tractor of rated capacity (gross combination carrier to pool or divide traffic or any services or ‘‘(2) inspect and copy any record of— weight) of at least 10,000 pounds, a property- any part of their earnings by filing such agree- ‘‘(A) a carrier, broker, or association; and carrying trailer or semitrailer with at least one ment or combination with the Panel not less ‘‘(B) a person controlling, controlled by, or load-carrying axle of at least 10,000 pounds, or than 50 days before its effective date. under common control with a carrier if the Sec- a motor bus with a seating capacity of at least ‘‘(2) DETERMINATION OF IMPORTANCE AND RE- retary or Panel, as applicable, considers inspec- 10 individuals. STRAINT ON COMPETITION.—Prior to the effective tion relevant to that person’s relation to, or ‘‘(2) LIEN CREDITOR.—The term ‘lien creditor’ date of the agreement or combination, the Panel transaction with, that carrier. means a creditor having a lien on a motor vehi- shall determine whether the agreement or com- ‘‘(c) PERIOD FOR PRESERVATION OF cle and includes an assignee for benefit of credi- bination is of major transportation importance RECORDS.—The Secretary or Panel, as applica- tors from the date of assignment, a trustee in a and whether there is substantial likelihood that ble, may prescribe the time period during which case under title 11 from the date of filing of the the agreement or combination will unduly re- operating, accounting, and financial records petition in that case, and a receiver in equity strain competition. If the Panel determines that must be preserved by carriers and brokers. from the date of appointment of the receiver. neither of these 2 factors exists, it shall, prior to ‘‘§ 14123. Financial reporting ‘‘(3) SECURITY INTEREST.—The term ‘security such effective date and without a hearing, ap- ‘‘(a) IN GENERAL.—The Secretary shall require interest’ means an interest (including an inter- prove and authorize the agreement or combina- Class I motor carriers, and may require Class II est established by a conditional sales contract, tion, under such rules and regulations as the motor carriers, to file with the Secretary annual mortgage, equipment trust, or other lien or title Panel may issue, and for such consideration be- financial and safety reports, the form and sub- retention contract, or lease) in a motor vehicle tween such carriers and upon such terms and stance of which shall be prescribed by the Sec- when the interest secures payment or perform- conditions as shall be found by the Panel to be retary; except that, at a minimum, such reports ance of an obligation. just and reasonable. shall include balance sheets and income state- ‘‘(4) PERFECTION.—The term ‘perfection’, as ‘‘(3) HEARING.—If the Panel determines either ments. related to a security interest, means taking ac- that the agreement or combination is of major H 12290 CONGRESSIONAL RECORD — HOUSE November 14, 1995 transportation importance or that there is sub- ation for the ownership, management, and oper- or more States shall enact or enforce any law, stantial likelihood that the agreement or com- ation of the previously separately owned prop- rule, regulation, standard, or other provision bination will unduly restrain competition, the erties. having the force and effect of law relating to Panel shall hold a hearing concerning whether ‘‘(2) A purchase, lease, or contract to operate scheduling of interstate or intrastate transpor- the agreement or combination will be in the in- property of another carrier by any number of tation (including discontinuance or reduction in terest of better service to the public or of econ- carriers. the level of service) provided by motor carrier of omy in operation and whether it will unduly re- ‘‘(3) Acquisition of control of a carrier by any passengers subject to jurisdiction under sub- strain competition and shall suspend operation number of carriers. chapter I of chapter 135 of this title on an inter- of such agreement or combination pending such ‘‘(4) Acquisition of control of at least 2 car- state route or relating to the implementation of hearing and final decision thereon. After such riers by a person that is not a carrier. any change in the rates for such transportation hearing, the Panel shall indicate to what extent ‘‘(5) Acquisition of control of a carrier by a or for any charter transportation except to the it finds that the agreement or combination will person that is not a carrier but that controls extent that notice, not in excess of 30 days, of be in the interest of better service to the public any number of carriers. changes in schedules may be required. This sub- or of economy in operation and will not unduly ‘‘(b) STANDARD FOR APPROVAL.—The Panel section shall not apply to intrastate commuter restrain competition and if assented to by all the shall approve and authorize a transaction bus operations. carriers involved, shall to that extent, approve under this section when it finds the transaction ‘‘(b) FREIGHT FORWARDERS AND BROKERS.— and authorize the agreement or combination, is consistent with the public interest. The Panel ‘‘(1) GENERAL RULE.—Subject to paragraph (2) under such rules and regulations as the Panel shall consider at least the following: of this subsection, no State or political subdivi- may issue, and for such consideration between ‘‘(1) The effect of the proposed transaction on sion thereof and no intrastate agency or other such carriers and upon such terms and condi- the adequacy of transportation to the public. political agency of 2 or more States shall enact tions as shall be found by the Panel to be just ‘‘(2) The total fixed charges that result from or enforce any law, rule, regulation, standard, and reasonable. the proposed transaction. or other provision having the force and effect of ‘‘(4) SPECIAL RULES FOR HOUSEHOLD GOODS ‘‘(3) The interest of carrier employees affected law relating to intrastate rates, intrastate CARRIERS.—In the case of an application for by the proposed transaction. routes, or intrastate services of any freight for- Panel approval of an agreement or combination The Panel may impose conditions governing the warder or broker. between a motor carrier providing transpor- ‘‘(2) CONTINUATION OF HAWAII’S AUTHORITY.— transaction. tation of household goods and its agents to pool Nothing in this subsection and the amendments ‘‘(c) DETERMINATION OF COMPLETENESS OF or divide traffic or services or any part of their made by the Surface Freight Forwarder Deregu- APPLICATION.—Within 30 days after the date on earnings, such agreement or combination shall which an application is filed under this section, lation Act of 1986 shall be construed to affect be presumed to be in the interest of better service the Panel shall either publish a notice of the ap- the authority of the State of Hawaii to continue to the public and of economy in operation and plication in the Federal Register or reject the to regulate a motor carrier operating within the not to restrain competition unduly if the prac- application if it is incomplete. State of Hawaii. tices proposed to be carried out under such ‘‘(c) MOTOR CARRIERS OF PROPERTY.— ‘‘(d) COMMENTS.—Written comments about an agreement or combination are the same as or ‘‘(1) GENERAL RULE.—Except as provided in application may be filed with the Panel within similar to practices carried out under agree- paragraphs (2) and (3), a State, political sub- 45 days after the date on which notice of the ap- ments and combinations between motor carriers division of a State, or political authority of 2 or plication is published under subsection (c). providing transportation of household goods to more States may not enact or enforce a law, reg- ‘‘(e) DEADLINES.—The Panel shall conclude pool or divide traffic or service of any part of ulation, or other provision having the force and evidentiary proceedings by the 240th day after their earnings approved by the Interstate Com- effect of law related to a price, route, or service the date on which notice of the application is merce Commission before the effective date of of any motor carrier (other than a carrier affili- published under subsection (c). The Panel shall this section. ated with a direct air carrier covered by section issue a final decision by the 180th day after the ‘‘(5) STREAMLINING AND SIMPLIFYING.—The 41713(b)(4)) or any motor private carrier, broker, conclusion of the evidentiary proceedings. The Panel shall streamline, simplify, and expedite, or freight forwarder with respect to the trans- Panel may extend a time period under this sub- to the maximum extent practicable, the process portation of property. section; except that the total of all such exten- (including any paperwork) for submission and ‘‘(2) MATTERS NOT COVERED.—Paragraph (1)— approval of applications under this section for sions with respect to any application shall not ‘‘(A) shall not restrict the safety regulatory agreements and combinations between motor exceed 90 days. authority of a State with respect to motor vehi- carriers providing transportation of household ‘‘(f) EFFECT OF APPROVAL.—A carrier or cor- cles, the authority of a State to impose highway goods and their agents. poration participating in or resulting from a route controls or limitations based on the size or ‘‘(d) CONDITIONS.—The Panel may impose transaction approved by the Panel under this weight of the motor vehicle or the hazardous conditions governing the pooling or division and section, or exempted by the Panel from the ap- nature of the cargo, or the authority of a State may approve and authorize payment of a rea- plication of this section pursuant to section to regulate motor carriers with regard to mini- sonable consideration between the carriers. 13541, may carry out the transaction, own and mum amounts of financial responsibility relat- ‘‘(e) INITIATION OF PROCEEDING.—The Panel operate property, and exercise control or fran- ing to insurance requirements and self-insur- may begin a proceeding under this section on its chises acquired through the transaction without ance authorization; own initiative or on application. the approval of a State authority. A carrier, cor- ‘‘(B) does not apply to the transportation of ‘‘(f) EFFECT OF APPROVAL.—A carrier may poration, or person participating in the ap- household goods; and participate in an arrangement approved by or proved or exempted transaction is exempt from ‘‘(C) does not apply to the authority of a State exempted by the Panel under this section with- the antitrust laws and from all other law, in- or a political subdivision of a State to enact or out the approval of any other Federal, State, or cluding State and municipal law, as necessary enforce a law, regulation, or other provision re- municipal body. A carrier participating in an to let that person carry out the transaction, lating to the price of for-hire motor vehicle approved or exempted arrangement is exempt hold, maintain, and operate property, and exer- transportation by a tow truck, if such transpor- from the antitrust laws and from all other law, cise control or franchises acquired through the tation is performed without the prior consent or including State and municipal law, as necessary transaction. authorization of the owner or operator of the to let that person carry out the arrangement. ‘‘(g) LIMITATION ON APPLICABILITY.—This sec- motor vehicle. ‘‘(g) DEFINITIONS.—In this section, the follow- tion shall not apply to transactions involving ‘‘(3) STATE STANDARD TRANSPORTATION PRAC- ing definitions apply: carriers whose aggregate gross operating reve- TICES.— ‘‘(1) HOUSEHOLD GOODS.—The term ‘household nues were not more than $2,000,000 during a pe- ‘‘(A) CONTINUATION.—Paragraph (1) shall not goods’ has the meaning such term had under riod of 12 consecutive months ending not more affect any authority of a State, political sub- section 10102(11) of this title, as in effect on the than 6 months before the date of the agreement division of a State, or political authority of 2 or day before the effective date of this section. of the parties. more States to enact or enforce a law, regula- ‘‘(2) TRANSPORTATION.—The term ‘transpor- ‘‘CHAPTER 145—FEDERAL-STATE tion, or other provision, with respect to the tation’ means transportation that would be sub- RELATIONS intrastate transportation of property by motor ject to the jurisdiction of the Interstate Com- ‘‘Sec. carriers, related to— merce Commission under subchapter II of chap- ‘‘(i) uniform cargo liability rules, ‘‘14501. Federal authority over intrastate trans- ter 105 of this title, as in effect on the day before ‘‘(ii) uniform bills of lading or receipts for portation. such effective date, if such subchapter were still property being transported, ‘‘14502. Tax discrimination against motor car- in effect. ‘‘(iii) uniform cargo credit rules, or rier transportation property. ‘‘§ 14303. Consolidation, merger, and acquisi- ‘‘(iv) antitrust immunity for joint line rates or ‘‘14503. Withholding State and local income tax tion of control of motor carriers of pas- routes, classifications, and mileage guides, by certain carriers. sengers ‘‘14504. Registration of motor carriers by a State. if such law, regulation, or provision meets the ‘‘(a) APPROVAL REQUIRED.—The following ‘‘14505. State tax. requirements of subparagraph (B). transactions involving motor carriers of pas- ‘‘(B) REQUIREMENTS.—A law, regulation, or sengers subject to jurisdiction under subchapter ‘‘§ 14501. Federal authority over intrastate provision of a State, political subdivision, or po- I of chapter 135 may be carried out only with transportation litical authority meets the requirements of this the approval of the Panel: ‘‘(a) MOTOR CARRIERS OF PASSENGERS.—No subparagraph if— ‘‘(1) Consolidation or merger of the properties State or political subdivision thereof and no ‘‘(i) the law, regulation, or provision covers or franchises of at least 2 carriers into one oper- interstate agency or other political agency of 2 the same subject matter as, and compliance with November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12291

such law, regulation, or provision is no more market value of all other commercial and indus- ‘‘(c) SINGLE STATE REGISTRATION SYSTEM.— burdensome than compliance with, a provision trial property cannot be determined to the satis- ‘‘(1) IN GENERAL.—The Secretary shall main- of this part or a regulation issued by the Sec- faction of the district court through the random- tain standards for implementing a system under retary or the Panel under this part; and sampling method known as a sales assessment which— ‘‘(ii) the law, regulation, or provision only ap- ratio study (to be carried out under statistical ‘‘(A) a motor carrier is required to register an- plies to a carrier upon request of such carrier. principles applicable to such a study), the court nually with only one State by providing evi- ‘‘(C) ELECTION.—Notwithstanding any other shall find, as a violation of this section— dence of its Federal registration under chapter provision of law, a carrier affiliated with a di- ‘‘(A) an assessment of the motor carrier trans- 139; rect air carrier through common controlling portation property at a value that has a higher ‘‘(B) the State of registration shall fully com- ownership may elect to be subject to a law, reg- ratio to the true market value of the motor car- ply with standards prescribed under this sec- ulation, or provision of a State, political sub- rier transportation property than the assessment tion; and division, or political authority under this para- value of all other property subject to a property ‘‘(C) such single State registration shall be graph. tax levy in the assessment jurisdiction has to the deemed to satisfy the registration requirements ‘‘(4) This subsection shall not apply with re- true market value of all such other property; of all other States. PECIFIC REQUIREMENTS.— spect to the State of Hawaii until August 22, and ‘‘(2) S ‘‘(A) EVIDENCE OF FEDERAL REGISTRATION; 1997. ‘‘(B) the collection of ad valorem property tax on the motor carrier transportation property at PROOF OF INSURANCE; PAYMENT OF FEES.—Under ‘‘§ 14502. Tax discrimination against motor a tax rate that exceeds the tax ratio rate appli- the standards of the Secretary implementing the carrier transportation property cable to taxable property in the taxing district. single State registration system described in EFINITIONS paragraph (1) of this subsection, only a State ‘‘(a) D .—In this section, the follow- ‘‘§ 14503. Withholding State and local income acting in its capacity as registration State under ing definitions apply: tax by certain carriers ‘‘(1) ASSESSMENT.—The term ‘assessment’ such single State system may require a motor ‘‘(a) SINGLE STATE TAX WITHHOLDING.— means valuation for a property tax levied by a carrier registered by the Secretary under this ‘‘(1) IN GENERAL.—No part of the compensa- taxing district. part— tion paid by a motor carrier providing transpor- ‘‘(2) ASSESSMENT JURISDICTION.—The term ‘as- ‘‘(i) to file and maintain evidence of such Fed- tation subject to jurisdiction under subchapter I sessment jurisdiction’ means a geographical eral registration; of chapter 135 or by a motor private carrier to area in a State used in determining the assessed ‘‘(ii) to file satisfactory proof of required in- an employee who performs regularly assigned value of property for ad valorem taxation. surance or qualification as a self-insurer; duties in 2 or more States as such an employee ‘‘(3) MOTOR CARRIER TRANSPORTATION PROP- ‘‘(iii) to pay directly to such State fee amounts with respect to a motor vehicle shall be subject ERTY.—The term ‘motor carrier transportation in accordance with the fee system established to the income tax laws of any State or subdivi- property’ means property, as defined by the Sec- under subparagraph (B)(iv) of this paragraph, sion of that State, other than the State or sub- retary, owned or used by a motor carrier provid- subject to allocation of fee revenues among all division thereof of the employee’s residence. ing transportation in interstate commerce States in which the carrier operates and which ‘‘(2) EMPLOYEE DEFINED.—In this subsection, participate in the single State registration sys- whether or not such transportation is subject to the term ‘employee’ has the meaning given such jurisdiction under subchapter I of chapter 135. tem; and term in section 31132. ‘‘(iv) to file the name of a local agent for serv- ‘‘(4) COMMERCIAL AND INDUSTRIAL PROP- ‘‘(b) SPECIAL RULES.— ERTY.—The term ‘commercial and industrial ice of process. ‘‘(1) CALCULATION OF EARNINGS.—In this sub- ‘‘(B) RECEIPTS; FEE SYSTEM.—The standards property’ means property, other than transpor- section, an employee is deemed to have earned of the Secretary— tation property and land used primarily for ag- more than 50 percent of pay in a State or sub- ‘‘(i) shall require that the registration State ricultural purposes or timber growing, devoted division of that State in which the time worked issue a receipt, in a form prescribed under the to a commercial or industrial use, and subject to by the employee in the State or subdivision is standards, reflecting that the carrier has filed a property tax levy. more than 50 percent of the total time worked by proof of insurance as provided under subpara- ‘‘(b) ACTS BURDENING INTERSTATE COM- the employee while employed during the cal- graph (A)(ii) of this paragraph and has paid fee MERCE.—The following acts unreasonably bur- endar year. amounts in accordance with the fee system es- den and discriminate against interstate com- ‘‘(2) WATER CARRIERS.—A water carrier pro- tablished under clause (iv) of this subpara- merce and a State, subdivision of a State, or au- viding transportation subject to jurisdiction graph; thority acting for a State or subdivision of a under subchapter II of chapter 135 shall file in- ‘‘(ii) shall require that copies of the receipt is- State may not do any of them: come tax information returns and other reports sued under clause (i) of this subparagraph be ‘‘(1) EXCESSIVE VALUATION OF PROPERTY.—As- only with— kept in each of the carrier’s commercial motor sess motor carrier transportation property at a ‘‘(A) the State and subdivision of residence of vehicles; value that has a higher ratio to the true market the employee (as shown on the employment ‘‘(iii) shall not require decals, stamps, cab value of the motor carrier transportation prop- records of the carrier); and cards, or any other means of registering or iden- erty than the ratio that the assessed value of ‘‘(B) the State and subdivision in which the tifying specific vehicles operated by the carrier; other commercial and industrial property in the employee earned more than 50 percent of the ‘‘(iv) shall establish a fee system for the filing same assessment jurisdiction has to the true pay received by the employee from the carrier of proof of insurance as provided under sub- market value of the other commercial and indus- during the preceding calendar year. paragraph (A)(ii) of this paragraph that— trial property. ‘‘(3) APPLICABILITY TO SAILORS.—This sub- ‘‘(I) is based on the number of commercial ‘‘(2) TAX ON ASSESSMENT.—Levy or collect a section applies to pay of a master, officer, or motor vehicles the carrier operates in a State tax on an assessment that may not be made sailor who is a member of the crew on a vessel and on the number of States in which the car- under paragraph (1). engaged in foreign, coastwise, intercoastal, or rier operates; ‘‘(3) AD VALOREM TAX.—Levy or collect an ad noncontiguous trade or in the fisheries of the ‘‘(II) minimizes the costs of complying with valorem property tax on motor carrier transpor- United States. the registration system; and tation property at a tax rate that exceeds the ‘‘(c) FILING OF INFORMATION.—A motor and ‘‘(III) results in a fee for each participating tax rate applicable to commercial and industrial motor private carrier withholding pay from an State that is equal to the fee, not to exceed $10 property in the same assessment jurisdiction. employee under subsection (a) of this section per vehicle, that such State collected or charged ‘‘(c) JURISDICTION.— shall file income tax information returns and as of November 15, 1991; and ‘‘(1) IN GENERAL.—Notwithstanding section other reports only with the State and subdivi- ‘‘(v) shall not authorize the charging or col- 1341 of title 28 and without regard to the sion of residence of the employee. lection of any fee for filing and maintaining a amount in controversy or citizenship of the par- ‘‘§ 14504. Registration of motor carriers by a certificate or permit under subparagraph (A)(i) ties, a district court of the United States has ju- State of this paragraph. risdiction, concurrent with other jurisdiction of ‘‘(a) DEFINITIONS.—In this section, the terms ‘‘(C) PROHIBITED FEES.—The charging or col- courts of the United States and the States, to ‘standards’ and ‘amendments to standards’ lection of any fee under this section that is not prevent a violation of subsection (b) of this sec- mean the specification of forms and procedures in accordance with the fee system established tion. required by regulations of the Secretary to prove under subparagraph (B)(iv) of this paragraph ‘‘(2) LIMITATION IN RELIEF.—Relief may be the lawfulness of transportation by motor car- shall be deemed to be a burden on interstate granted under this subsection only if the ratio rier referred to in section 13501. commerce. of assessed value to true market value of motor ‘‘(b) GENERAL RULE.—The requirement of a ‘‘(D) LIMITATION ON PARTICIPATION BY carrier transportation property exceeds, by at State that a motor carrier, providing transpor- STATES.—Only a State which, as of January 1, least 5 percent, the ratio of assessed value to tation subject to jurisdiction under subchapter I 1991, charged or collected a fee for a vehicle true market value of other commercial and in- of chapter 135 and providing transportation in identification stamp or number under part 1023 dustrial property in the same assessment juris- that State, must register with the State is not an of title 49, Code of Federal Regulations, shall be diction. unreasonable burden on transportation referred eligible to participate as a registration State ‘‘(3) BURDEN OF PROOF.—The burden of proof to in section 13501 when the State registration is under this subsection or to receive any fee reve- in determining assessed value and true market completed under standards of the Secretary nue under this subsection. value is governed by State law. under subsection (c). When a State registration ‘‘§ 14505. State tax ‘‘(4) VIOLATION.—If the ratio of the assessed requirement imposes obligations in excess of the ‘‘A State or political subdivision thereof may value of other commercial and industrial prop- standards of the Secretary, the part in excess is not collect or levy a tax, fee, head charge, or erty in the assessment jurisdiction to the true an unreasonable burden. other charge on— H 12292 CONGRESSIONAL RECORD — HOUSE November 14, 1995 ‘‘(1) a passenger traveling in interstate com- ‘‘(2) process may be served without regard to competent evidence of the facts stated in them. merce by motor carrier; the territorial limits of the district or of the Trial in a civil action brought in a district court ‘‘(2) the transportation of a passenger travel- State in which the action is instituted; and of the United States under this paragraph is in ing in interstate commerce by motor carrier; ‘‘(3) a person participating with a carrier or the judicial district in which the plaintiff resides ‘‘(3) the sale of passenger transportation in broker in a violation may be joined in the civil or in which the principal operating office of the interstate commerce by motor carrier; or action without regard to the residence of the carrier or broker is located. In a civil action ‘‘(4) the gross receipts derived from such person. under this paragraph, the plaintiff is liable for transportation. ‘‘(c) STANDING.—The Panel may bring or par- only those costs that accrue on an appeal taken ‘‘CHAPTER 147—ENFORCEMENT; ticipate in any civil action involving motor car- by the plaintiff. INVESTIGATIONS; RIGHTS; REMEDIES rier undercharges. ‘‘(2) PARTIES.—All parties in whose favor the ‘‘Sec. ‘‘§ 14703. Enforcement by the Attorney General award was made may be joined as plaintiffs in ‘‘14701. General authority. ‘‘The Attorney General may, and on request a civil action brought in a district court of the ‘‘14702. Enforcement by the regulatory author- of either the Secretary or the Panel shall, bring United States under this subsection and all the ity. court proceedings— carriers that are parties to the order awarding ‘‘14703. Enforcement by the Attorney General. ‘‘(1) to enforce this part or a regulation or damages may be joined as defendants. Trial in ‘‘14704. Rights and remedies of persons injured order of the Secretary or Panel or terms of reg- the action is in the judicial district in which by carriers or brokers. istration under this part; and any one of the plaintiffs could bring the action ‘‘14705. Limitation on actions by and against ‘‘(2) to prosecute a person violating this part against any one of the defendants. Process may carriers. or a regulation or order of the Secretary or be served on a defendant at its principal operat- ‘‘14706. Liability of carriers under receipts and Panel or term of registration under this part. ing office when that defendant is not in the dis- bills of lading. ‘‘§ 14704. Rights and remedies of persons in- trict in which the action is brought. A judgment ‘‘14707. Private enforcement of registration re- jured by carriers or brokers ordering recovery may be made in favor of any of those plaintiffs against the defendant found quirement. (a) IN GENERAL.— to be liable to that plaintiff. ‘‘14708. Dispute settlement program for house- ‘‘(1) ENFORCEMENT OF ORDER.—A person in- ‘‘(e) ATTORNEY’S FEES.—The district court hold goods carriers. jured because a carrier or broker providing shall award a reasonable attorney’s fee under ‘‘14709. Tariff reconciliation rules for motor car- transportation or service subject to jurisdiction this section. The district court shall tax and col- riers of property. under chapter 135 does not obey an order of the lect that fee as a part of the costs of the action. ‘‘§ 14701. General authority Secretary or the Panel, as applicable, under this ‘‘(a) INVESTIGATIONS.—The Secretary or the part, except an order for the payment of money, ‘‘§ 14705. Limitation on actions by and against Panel, as applicable, may begin an investigation may bring a civil action to enforce that order carriers under this part on the Secretary’s or the Panel’s under this subsection. A person may bring a ‘‘(a) IN GENERAL.—A carrier providing trans- own initiative or on complaint. If the Secretary civil action for injunctive relief for violations of portation or service subject to jurisdiction under or Panel, as applicable, finds that a carrier or sections 14102 and 14103. chapter 135 must begin a civil action to recover broker is violating this part, the Secretary or ‘‘(2) DAMAGES FOR VIOLATIONS.—A carrier or charges for transportation or service provided Panel, as applicable, shall take appropriate ac- broker providing transportation or service sub- by the carrier within 18 months after the claim tion to compel compliance with this part. If the ject to jurisdiction under chapter 135 is liable for accrues. Secretary finds that a foreign motor carrier or damages sustained by a person as a result of an ‘‘(b) OVERCHARGES.—A person must begin a foreign motor private carrier is violating chapter act or omission of that carrier or broker in viola- civil action to recover overcharges within 18 139, the Secretary shall take appropriate action tion of this part. months after the claim accrues. If the claim is to compel compliance with that chapter. The ‘‘(b) LIABILITY AND DAMAGES FOR EXCEEDING against a carrier providing transportation sub- Secretary or Panel, as applicable, may take ac- TARIFF RATE.—A carrier providing transpor- ject to jurisdiction under chapter 135 and an tion under this subsection only after giving the tation or service subject to jurisdiction under election to file a complaint with the Panel or carrier or broker notice of the investigation and chapter 135 is liable to a person for amounts Secretary, as applicable, is made under section an opportunity for a proceeding. charged that exceed the applicable rate for 14704(c)(1), the complaint must be filed within 3 ‘‘(b) COMPLAINTS.—A person, including a gov- transportation or service contained in a tariff in years after the claim accrues. ernmental authority, may file with the Sec- effect under section 13702. ‘‘(c) DAMAGES.—A person must file a com- retary or Panel, as applicable, a complaint ‘‘(c) ELECTION.— plaint with the Panel or Secretary, as applica- ‘‘(1) COMPLAINT TO DOT OR PANEL; CIVIL AC- about a violation of this part by a carrier pro- ble, to recover damages under section 14704(b)(2) TION.—A person may file a complaint with the viding, or broker for, transportation or service within 2 years after the claim accrues. Panel or the Secretary, as applicable, under sec- subject to jurisdiction under this part or a for- ‘‘(d) EXTENSIONS.—The limitation periods tion 14701(b) or bring a civil action under sub- eign motor carrier or foreign motor private car- under subsection (b) of this section are extended section (b)(1) or (2) of this section to enforce li- rier providing transportation registered under for 6 months from the time written notice is ability against a carrier or broker providing section 13902 of this title. The complaint must given to the claimant by the carrier of disallow- transportation or service subject to jurisdiction state the facts that are the subject of the viola- ance of any part of the claim specified in the under chapter 135. tion. The Secretary or Panel, as applicable, may notice if a written claim is given to the carrier ‘‘(2) ORDER OF DOT OR PANEL.— dismiss a complaint that it determines does not within those limitation periods. The limitation ‘‘(A) IN GENERAL.—When the Panel or Sec- state reasonable grounds for investigation and periods under subsections (b) and (c) of this sec- action. retary, as applicable, makes an award under subsection (b) of this section, the Panel or Sec- tion are extended for 90 days from the time the ‘‘(c) DEADLINE.—A formal investigative pro- carrier begins a civil action under subsection (a) ceeding begun by the Secretary or Panel under retary, as applicable, shall order the carrier to pay the amount awarded by a specific date. The to recover charges related to the same transpor- subsection (a) of this section is dismissed auto- tation or service, or collects (without beginning matically unless it is concluded with administra- Panel or Secretary, as applicable, may order a carrier or broker providing transportation or a civil action under that subsection) the charge tive finality by the end of the 3d year after the for that transportation or service if that action date on which it was begun. service subject to jurisdiction under chapter 135 to pay damages only when the proceeding is on is begun or collection is made within the appro- ‘‘(d) LIMITATION.—The Secretary and the priate period. Panel only have authority under this section complaint. NFORCEMENT BY CIVIL ACTION.—The ‘‘(e) PAYMENT.—A person must begin a civil with respect to matters within their respective ‘‘(B) E person for whose benefit an order of the Panel action to enforce an order of the Panel or Sec- jurisdictions under this part. or Secretary requiring the payment of money is retary against a carrier for the payment of ‘‘§ 14702. Enforcement by the regulatory au- made may bring a civil action to enforce that money within 1 year after the date the order re- thority order under this paragraph if the carrier or quired the money to be paid. ‘‘(a) IN GENERAL.—The Secretary or the broker does not pay the amount awarded by the ‘‘(f) GOVERNMENT TRANSPORTATION.—This Panel, as applicable, may bring a civil action— date payment was ordered to be made. section applies to transportation for the United ‘‘(1) to enforce section 14103 of this title; or ‘‘(d) PROCEDURE.— States Government. The time limitations under ‘‘(2) to enforce this part, or a regulation or ‘‘(1) IN GENERAL.—When a person begins a this section are extended, as related to transpor- order of the Secretary or Panel, as applicable, civil action under subsection (b) of this section tation for or on behalf of the United States Gov- when violated by a carrier or broker providing to enforce an order of the Panel or Secretary re- ernment, for 3 years from the later of the date transportation or service subject to jurisdiction quiring the payment of damages by a carrier or of— under subchapter I or III of chapter 135 of this broker providing transportation or service sub- ‘‘(1) payment of the rate for the transpor- title or by a foreign motor carrier or foreign ject to jurisdiction under chapter 135 of this tation or service involved; motor private carrier providing transportation title, the text of the order of the Panel or Sec- ‘‘(2) subsequent refund for overpayment of registered under section 13902 of this title. retary must be included in the complaint. In ad- that rate; or ‘‘(b) VENUE.—In a civil action under sub- dition to the district courts of the United States, ‘‘(3) deduction made under section 3726 of title section (a)(2) of this section— a State court of general jurisdiction having ju- 31. ‘‘(1) trial is in the judicial district in which risdiction of the parties has jurisdiction to en- ‘‘(g) ACCRUAL DATE.—A claim related to a the carrier, foreign motor carrier, foreign motor force an order under this paragraph. The find- shipment of property accrues under this section private carrier, or broker operates; ings and order of the Panel or Secretary are on delivery or tender of delivery by the carrier. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12293

‘‘§ 14706. Liability of carriers under receipts ‘‘(2) AGAINST CARRIER RESPONSIBLE FOR court. The Secretary may intervene in a civil ac- and bills of lading LOSS.—A civil action under this section may be tion under subsection (a). The Secretary may ‘‘(a) GENERAL LIABILITY.— brought against the carrier alleged to have notify the district court in which the action is ‘‘(1) MOTOR CARRIERS AND FREIGHT FOR- caused the loss or damage, in the judicial dis- pending that the Secretary intends to consider WARDERS.—A carrier providing transportation trict in which such loss or damage is alleged to the matter that is the subject of the complaint in or service subject to jurisdiction under sub- have occurred. a proceeding before the Secretary. When that chapter I or III of chapter 135 shall issue a re- ‘‘(3) JURISDICTION OF COURTS.—A civil action notice is filed, the court shall stay further ac- ceipt or bill of lading for property it receives for under this section may be brought in a United tion pending disposition of the proceeding before transportation under this part. That carrier and States district court or in a State court. the Secretary. any other carrier that delivers the property and ‘‘(4) JUDICIAL DISTRICT DEFINED.—In this sec- ‘‘(c) ATTORNEY’S FEES.—In a civil action is providing transportation or service subject to tion, ‘judicial district’ means— under subsection (a), the court may determine jurisdiction under subchapter I or III of chapter ‘‘(A) in the case of a United States district the amount of and award a reasonable attor- 135 or chapter 105 are liable to the person enti- court, a judicial district of the United States; ney’s fee to the prevailing party. That fee is in tled to recover under the receipt or bill of lad- and addition to costs allowable under the Federal ing. The liability imposed under this paragraph ‘‘(B) in the case of a State court, the applica- Rules of Civil Procedure. is for the actual loss or injury to the property ble geographic area over which such court exer- ‘‘§ 14708. Dispute settlement program for caused by (A) the receiving carrier, (B) the de- cises jurisdiction. household goods carriers livering carrier, or (C) another carrier over ‘‘(e) MINIMUM PERIOD FOR FILING CLAIMS.— ‘‘(a) OFFERING SHIPPERS ARBITRATION.—As a whose line or route the property is transported ‘‘(1) IN GENERAL.—A carrier may not provide condition of registration under section 13902 or in the United States or from a place in the Unit- by rule, contract, or otherwise, a period of less 13903, a carrier providing transportation of ed States to a place in an adjacent foreign coun- than 9 months for filing a claim against it under household goods subject to jurisdiction under try when transported under a through bill of this section and a period of less than 2 years for subchapter I or III of chapter 135 must agree to lading and, except in the case of a freight for- bringing a civil action against it under this sec- offer in accordance with this section to shippers warder, applies to property reconsigned or di- tion. The period for bringing a civil action is of household goods arbitration as a means of verted under a tariff under section 13702. Fail- computed from the date the carrier gives a per- settling disputes between such carriers and ship- ure to issue a receipt or bill of lading does not son written notice that the carrier has dis- pers of household goods concerning damage or affect the liability of a carrier. A delivering car- allowed any part of the claim specified in the loss to the household goods transported. rier is deemed to be the carrier performing the notice. ‘‘(b) ARBITRATION REQUIREMENTS.— line-haul transportation nearest the destination ‘‘(2) SPECIAL RULES.—For the purposes of this ‘‘(1) PREVENTION OF SPECIAL ADVANTAGE.— but does not include a carrier providing only a subsection— The arbitration that is offered must be designed switching service at the destination. ‘‘(A) an offer of compromise shall not con- to prevent a carrier from having any special ad- ‘‘(2) FREIGHT FORWARDER.—A freight for- stitute a disallowance of any part of the claim vantage in any case in which the claimant re- warder is both the receiving and delivering car- unless the carrier, in writing, informs the claim- sides or does business at a place distant from the rier. When a freight forwarder provides service ant that such part of the claim is disallowed carrier’s principal or other place of business. and uses a motor carrier providing transpor- and provides reasons for such disallowance; and ‘‘(2) NOTICE OF ARBITRATION PROCEDURE.— tation subject to jurisdiction under subchapter I ‘‘(B) communications received from a carrier’s The carrier must provide the shipper an ade- of chapter 135 to receive property from a con- insurer shall not constitute a disallowance of quate notice of the availability of neutral arbi- signor, the motor carrier may execute the bill of any part of the claim unless the insurer, in writ- tration, including a concise easy-to-read, accu- lading or shipping receipt for the freight for- ing, informs the claimant that such part of the rate summary of the arbitration procedure, any warder with its consent. With the consent of the claim is disallowed, provides reason for such applicable fees, and disclosure of the legal ef- freight forwarder, a motor carrier may deliver disallowance, and informs the claimant that the fects of election to utilize arbitration. Such no- property for a freight forwarder on the freight insurer is acting on behalf of the carrier. tice must be given to persons for whom house- forwarder’s bill of lading, freight bill, or ship- ‘‘(f) LIMITING LIABILITY OF HOUSEHOLD hold goods are to be transported by the carrier ping receipt to the consignee named in it, and GOODS CARRIERS TO DECLARED VALUE.—A car- before such goods are tendered to the carrier for receipt for the property may be made on the rier or group of carriers subject to jurisdiction transportation. ‘‘(3) PROVISION OF FORMS.—Upon request of a freight forwarder’s delivery receipt. under subchapter I or III of chapter 135 may pe- tition the Panel to modify, eliminate, or estab- shipper, the carrier must promptly provide such ‘‘(b) APPORTIONMENT.—The carrier issuing the forms and other information as are necessary receipt or bill of lading under subsection (a) of lish rates for the transportation of household for initiating an action to resolve a dispute this section or delivering the property for which goods under which the liability of the carrier for under arbitration. the receipt or bill of lading was issued is entitled that property is limited to a value established by ‘‘(4) INDEPENDENCE OF ARBITRATOR.—Each to recover from the carrier over whose line or written declaration of the shipper or by a writ- ten agreement. person authorized to arbitrate or otherwise set- route the loss or injury occurred the amount re- tle disputes must be independent of the parties quired to be paid to the owners of the property, ‘‘(g) MODIFICATIONS AND REFORMS.— ‘‘(1) STUDY.—The Secretary shall conduct a to the dispute and must be capable, as deter- as evidenced by a receipt, judgment, or tran- mined under such regulations as the Secretary script, and the amount of its expenses reason- study to determine whether any modifications or reforms should be made to the loss and damage may issue, to resolve such disputes fairly and ably incurred in defending a civil action expeditiously. The carrier must ensure that each brought by that person. provisions of this section. ‘‘(2) FACTORS TO CONSIDER.—In conducting person chosen to settle the disputes is author- ‘‘(c) SPECIAL RULES.— the study, the Secretary, at a minimum, shall ized and able to obtain from the shipper or car- ‘‘(1) LIMITATION OF LIABILITY.—A carrier may rier any material and relevant information to limit liability imposed under subsection (a) by consider— ‘‘(A) the efficient delivery of transportation the extent necessary to carry out a fair and ex- establishing rates for the transportation of prop- peditious decision making process. erty (other than household goods) under which services; ‘‘(B) international and intermodal harmony; ‘‘(5) LIMITATION ON FEES.—No fee of more the liability of the carrier for such property (A) ‘‘(C) the public interest; and than $25 may be charged a shipper for institut- is limited to a value established by written or ‘‘(D) the interest of carriers and shippers. ing an arbitration proceeding under this sub- electronic declaration of the shipper or by a mu- ‘‘(3) REPORT.—Not later than 18 months after section. The arbitrator may determine which tual written agreement between the carrier and the effective date of this section, the Secretary party shall pay the cost or a portion of the cost shipper, or (B) is contained in a schedule of shall submit to Congress a report on the results of the arbitration proceeding. rules and rates maintained by the carrier and of the study, together with any recommenda- ‘‘(6) REQUESTS.—The carrier must not require provided to the shipper upon request. The tions of the Secretary (including legislative rec- the shipper to agree to utilize arbitration prior schedule shall clearly state its dates of applica- ommendations) for implementing modifications to the time that a dispute arises. If the dispute bility. or reforms identified by the Secretary as being involves a claim for $1,000 or less and the ship- ‘‘(2) WATER CARRIERS.—If loss or injury to appropriate. per requests arbitration, such arbitration shall property occurs while it is in the custody of a be binding on the parties. If the dispute involves water carrier, the liability of that carrier is de- ‘‘§ 14707. Private enforcement of registration a claim for more than $1,000 and the shipper re- termined by its bill of lading and the law appli- requirement quests arbitration, such arbitration shall be cable to water transportation. The liability of ‘‘(a) IN GENERAL.—If a person provides trans- binding on the parties only if the carrier agrees the initial or delivering carrier is the same as portation by motor vehicle or service in clear to arbitration. the liability of the water carrier. violation of section 13901–13904 or 13906, a per- ‘‘(7) ORAL PRESENTATION OF EVIDENCE.—The ‘‘(d) CIVIL ACTIONS.— son injured by the transportation or service may arbitrator may provide for an oral presentation ‘‘(1) AGAINST DELIVERING CARRIER.—A civil bring a civil action to enforce any such section. of a dispute concerning transportation of house- action under this section may be brought In a civil action under this subsection, trial is in hold goods by a party to the dispute (or a par- against a delivering carrier in a district court of the judicial district in which the person who ty’s representative), but such oral presentation the United States or in a State court. Trial, if violated that section operates. may be made only if all parties to the dispute the action is brought in a district court of the ‘‘(b) PROCEDURE.—A copy of the complaint in expressly agree to such presentation and the United States is in a judicial district, and if in a civil action under subsection (a) shall be date, time, and location of such presentation. a State court, is in a State through which the served on the Secretary and a certificate of serv- ‘‘(8) DEADLINE FOR DECISION.—The arbitrator defendant carrier operates. ice must appear in the complaint filed with the must, as expeditiously as possible but at least H 12294 CONGRESSIONAL RECORD — HOUSE November 14, 1995 within 60 days of receipt of written notification properly and timely file and maintain agreed adequately compensated before institution of the of the dispute, render a decision based on the upon rates, rules, or classifications in compli- proceeding, and such other matters as fairness information gathered; except that, in any case ance with section 13702 or, with respect to trans- may require shall be taken into account. in which a party to the dispute fails to provide portation provided before the effective date of ‘‘(d) PROTECTION OF HOUSEHOLD GOODS SHIP- in a timely manner any information concerning this section, sections 10761 and 10762, as in ef- PERS.—If a carrier providing transportation of such dispute which the person settling the dis- fect on the day before the effective date of this household goods subject to jurisdiction under pute may reasonably require to resolve the dis- section. Resolution of such claims among the subchapter I or III of chapter 135 or a receiver pute, the arbitrator may extend such 60-day pe- parties shall not subject any party to the pen- or trustee of such carrier fails or refuses to com- riod for a reasonable period of time. A decision alties for departing from a tariff. ply with any regulation issued by the Secretary resolving a dispute may include any remedies ‘‘CHAPTER 149—CIVIL AND CRIMINAL or the Panel relating to protection of individual appropriate under the circumstances, including PENALTIES shippers, such carrier, receiver, or trustee is lia- repair, replacement, refund, reimbursement for ble to the United States for a civil penalty of not Sec. expenses, and compensation for damages. less than $1,000 for each violation and for each ‘‘14901. General civil penalties. ‘‘(c) LIMITATION ON USE OF MATERIALS.—Ma- additional day during which the violation con- ‘‘14902. Civil penalty for accepting rebates from terials and information obtained in the course of tinues. carrier. a decision making process to settle a dispute by ‘‘(e) VIOLATION RELATING TO TRANSPORTATION ‘‘14903. Tariff violations. arbitration under this section may not be used OF HOUSEHOLD GOODS.—Any person that know- ‘‘14904. Additional rate violations. to bring an action under section 14905. ingly engages in or knowingly authorizes an ‘‘14905. Penalties for violations of rules relating ‘‘(d) ATTORNEY’S FEES TO SHIPPERS.—In any agent or other person— to loading and unloading motor court action to resolve a dispute between a ship- ‘‘(1) to falsify documents used in the transpor- vehicles. per of household goods and a carrier providing tation of household goods subject to jurisdiction ‘‘14906. Evasion of regulation of carriers and transportation or service subject to jurisdiction under subchapter I or III of chapter 135 which brokers. under subchapter I or III of chapter 135 con- evidence the weight of a shipment; or ‘‘14907. Record keeping and reporting viola- cerning the transportation of household goods ‘‘(2) to charge for accessorial services which tions. by such carrier, the shipper shall be awarded are not performed or for which the carrier is not ‘‘14908. Unlawful disclosure of information. reasonable attorney’s fees if— entitled to be compensated in any case in which ‘‘(1) the shipper submits a claim to the carrier ‘‘14909. Disobedience to subpoenas. such services are not reasonably necessary in within 120 days after the date the shipment is ‘‘14910. General criminal penalty when specific the safe and adequate movement of the ship- delivered or the date the delivery is scheduled, penalty not provided. ment; whichever is later; ‘‘14911. Punishment of corporation for viola- is liable to the United States for a civil penalty ‘‘(2) the shipper prevails in such court action; tions committed by certain indi- of not less than $2,000 for each violation and of and viduals. not less than $5,000 for each subsequent viola- ‘‘(3)(A) a decision resolving the dispute was ‘‘14912. Weight-bumping in household goods tion. Any State may bring a civil action in the not rendered through arbitration under this sec- transportation. United States district courts to compel a person tion within the period provided under sub- ‘‘14913. Conclusiveness of rates in certain pros- to pay a civil penalty assessed under this sub- section (b)(8) of this section or an extension of ecutions. section. such period under such subsection; or ‘‘§ 14901. General civil penalties ‘‘(f) VENUE.—Trial in a civil action under sub- ‘‘(B) the court proceeding is to enforce a deci- ‘‘(a) REPORTING AND RECORDKEEPING.—A per- sections (a) through (e) of this section is in the sion rendered through arbitration under this son required to make a report to the Secretary or judicial district in which— section and is instituted after the period for per- the Panel, answer a question, or make, prepare, ‘‘(1) the carrier or broker has its principal of- formance under such decision has elapsed. or preserve a record under this part concerning fice; ‘‘(2) the carrier or broker was authorized to ‘‘(e) ATTORNEY’S FEES TO CARRIERS.—In any transportation subject to jurisdiction under sub- provide transportation or service under this part court action to resolve a dispute between a ship- chapter I or III of chapter 135 or transportation when the violation occurred; per of household goods and a carrier providing by a foreign carrier registered under section transportation, or service subject to jurisdiction ‘‘(3) the violation occurred; or 13902, or an officer, agent, or employee of that ‘‘(4) the offender is found. under subchapter I or III of chapter 135 con- person that— Process in the action may be served in the judi- cerning the transportation of household goods ‘‘(1) does not make the report; cial district of which the offender is an inhab- by such carrier, such carrier may be awarded ‘‘(2) does not specifically, completely, and itant or in which the offender may be found. reasonable attorney’s fees by the court only if truthfully answer the question; the shipper brought such action in bad faith— ‘‘(3) does not make, prepare, or preserve the ‘‘§ 14902. Civil penalty for accepting rebates ‘‘(1) after resolution of such dispute through record in the form and manner prescribed; from carrier arbitration under this section; or ‘‘(4) does not comply with section 13901; or ‘‘A person— ‘‘(2) after institution of an arbitration pro- ‘‘(5) does not comply with section 13902(c); ‘‘(1) delivering property to a carrier providing transportation or service subject to jurisdiction ceeding by the shipper to resolve such dispute is liable to the United States Government for a under chapter 135 for transportation under this under this section but before— civil penalty of not less than $500 for each viola- ‘‘(A) the period provided under subsection part or for whom that carrier will transport the tion and for each additional day the violation (b)(8) for resolution of such dispute (including, property as consignor or consignee for that per- continues; except that, in the case of a person if applicable, an extension of such period under son from a State or territory or possession of the who is not registered under this part to provide such subsection) ends; and United States to another State or possession, transportation of passengers, or an officer, ‘‘(B) a decision resolving such dispute is ren- territory, or to a foreign country; and agent, or employee of such person, that does not dered. ‘‘(2) knowingly accepting or receiving by any comply with section 13901 with respect to pro- ‘‘(f) LIMITATION OF APPLICABILITY TO COL- means a rebate or offset against the rate for viding transportation of passengers, the amount LECT-ON-DELIVERY TRANSPORTATION.—The pro- transportation for, or service of, that property of the civil penalty shall not be less than $2,000 visions of this section shall apply only in the contained in a tariff required under section for each violation and for each additional day case of collect-on-delivery transportation of 13702; the violation continues. household goods. ‘‘(b) TRANSPORTATION OF HAZARDOUS is liable to the United States Government for a ‘‘(g) REVIEW BY SECRETARY.—Not later than WASTES.—A person subject to jurisdiction under civil penalty in an amount equal to 3 times the 36 months after the effective date of this section, subchapter I of chapter 135, or an officer, agent, amount of money that person accepted or re- the secretary shall complete a review of the dis- or employee of that person, and who is required ceived as a rebate or offset and 3 times the value pute settlement program established under this to comply with section 13901 of this title but of other consideration accepted or received as a section. If, after notice and opportunity for com- does not so comply with respect to the transpor- rebate or offset. In a civil action under this sec- ment, the Secretary determines that changes are tation of hazardous wastes as defined by the tion, all money or other consideration received necessary to such program to ensure the fair Environmental Protection Agency pursuant to by the person during a period of 6 years before and equitable resolution of disputes under this section 3001 of the Solid Waste Disposal Act (but an action is brought under this section may be section, the Secretary shall implement such not including any waste the regulation of which included in determining the amount of the pen- changes and transmit a report to Congress on under the Solid Waste Disposal Act has been alty, and if that total amount is included, the such changes. suspended by Congress) shall be liable to the penalty shall be 3 times that total amount. ‘‘§ 14709. Tariff reconciliation rules for motor United States for a civil penalty not to exceed ‘‘§ 14903. Tariff violations carriers of property $20,000 for each violation. ‘‘(a) CRIMINAL PENALTY FOR UNDERCHARG- ‘‘Subject to review and approval by the Panel, ‘‘(c) FACTORS TO CONSIDER IN DETERMINING ING.—A person that knowingly offers, grants, motor carriers subject to jurisdiction under sub- AMOUNT.—In determining and negotiating the gives, solicits, accepts, or receives by any means chapter I of chapter 135 (other than motor car- amount of a civil penalty under subsection (a) transportation or service provided for property riers providing transportation of household or (d) concerning transportation of household by a carrier subject to jurisdiction under chap- goods) and shippers may resolve, by mutual con- goods, the degree of culpability, any history of ter 135 at less than the rate in effect under sec- sent, overcharge and under-charge claims re- prior such conduct, the degree of harm to ship- tion 13702 shall be fined at least $1,000 but not sulting from incorrect tariff provisions or billing per or shippers, ability to pay, the effect on abil- more than $20,000, imprisoned for not more than errors arising from the inadvertent failure to ity to do business, whether the shipper has been 2 years, or both. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12295

‘‘(b) GENERAL CRIMINAL PENALTY.—A carrier ‘‘(1) willfully does not make that report; receiver, trustee, lessee, agent, or employee of a providing transportation or service subject to ju- ‘‘(2) willfully does not specifically, completely, carrier providing transportation or service sub- risdiction under chapter 135 or an officer, direc- and truthfully answer that question in 30 days ject to jurisdiction under chapter 135 that is a tor, receiver, trustee, lessee, agent, or employee from the date the Secretary or Panel, as appli- corporation is also a violation of this part by of a corporation that is subject to jurisdiction cable, requires the question to be answered; that corporation. The penalties of this chapter under that chapter, that willfully does not ob- ‘‘(3) willfully does not make, prepare, or pre- apply to that violation. When acting in the serve its tariffs as required under section 13702, serve that record in the form and manner pre- scope of their employment, the actions and omis- shall be fined at least $1,000 but not more than scribed; sions of individuals acting for or employed by $20,000, imprisoned for not more than 2 years, or ‘‘(4) knowingly and willfully falsifies, de- that carrier are considered to be the actions and both. stroys, mutilates, or changes that report or omissions of that carrier as well as that individ- ‘‘(c) ACTIONS OF AGENTS AND EMPLOYEES.— record; ual. When acting in the scope of their employment, ‘‘(5) knowingly and willfully files a false re- port or record; ‘‘§ 14912. Weight-bumping in household goods the actions and omissions of persons acting for transportation or employed by a carrier or shipper that is sub- ‘‘(6) knowingly and willfully makes a false or ‘‘(a) WEIGHT-BUMPING DEFINED.—For the ject to this section are considered to be the ac- incomplete entry in that record about a business purposes of this section, ‘weight-bumping’ tions and omissions of that carrier or shipper as related fact or transaction; or ‘‘(7) knowingly and willfully makes, prepares, means the knowing and willful making or secur- well as that person. or preserves a record in violation of an applica- ing of a fraudulent weight on a shipment of ‘‘(d) VENUE.—Trial in a criminal action under ble regulation or order of the Secretary or household goods which is subject to jurisdiction this section is in the judicial district in which Panel; under subchapter I or III of chapter 135. any part of the violation is committed or ‘‘(b) PENALTY.—Any individual who has been through which the transportation is conducted. shall be fined not more than $5,000. ‘‘§ 14908. Unlawful disclosure of information found to have committed weight-bumping shall, ‘‘§ 14904. Additional rate violations for each offense, be fined at least $1,000 but not ‘‘(a) DISCLOSURE OF SHIPMENT AND ROUTING ‘‘(a) REBATES BY AGENTS.—A person, or an of- more than $10,000, imprisoned for not more than INFORMATION.— ficer, employee, or agent of that person, that— 2 years, or both. ‘‘(1) VIOLATIONS.—A carrier or broker provid- ‘‘(1) knowingly offers, grants, gives, solicits, ing transportation subject to jurisdiction under ‘‘§ 14913. Conclusiveness of rates in certain accepts, or receives a rebate for concession, in subchapter I, II, or III of chapter 135 or an offi- prosecutions violation of a provision of this part related to cer, receiver, trustee, lessee, or employee of that motor carrier transportation subject to jurisdic- ‘‘When a carrier publishes or files a particular carrier or broker, or another person authorized tion under subchapter I of chapter 135; or rate under section 13702 or participates in such (2) by any means knowingly and willfully as- by that carrier or broker to receive information a rate, the published or filed rate is conclusive sists or permits another person to get transpor- from that carrier or broker may not knowingly proof against that carrier, its officers, and tation that is subject to jurisdiction under that disclose to another person, except the shipper or agents that it is the legal rate for that transpor- subchapter at less than the rate in effect for consignee, and another person may not solicit, tation or service in a proceeding begun under that transportation under section 13702, or knowingly receive, information about the na- section 14902 or 14903. A departure, or offer to ture, kind, quantity, destination, consignee, or depart, from that published or filed rate is a vio- shall be fined at least $200 for the first violation routing of property tendered or delivered to that lation of those sections.’’. and at least $250 for a subsequent violation. carrier or broker for transportation provided SEC. 104. MISCELLANEOUS MOTOR CARRIER PRO- ‘‘(b) UNDERCHARGING.— under this part without the consent of the ship- VISIONS. ‘‘(1) FREIGHT FORWARDER.—A freight for- warder providing service subject to jurisdiction per or consignee if that information may be used (a) MULTIPLE INSURERS.—Section 31138(c) of under subchapter III of chapter 135, or an offi- to the detriment of the shipper or consignee or title 49, United States Code, is amended by add- cer, agent, or employee of that freight for- may disclose improperly to a competitor the ing at the end thereof the following new para- warder, that knowingly and willfully assists a business transactions of the shipper or con- graph: ‘‘(3) A motor carrier may obtain the required person in getting, or willingly permits a person signee. ‘‘(2) FINE; VENUE.—A person violating para- amount of financial responsibility from more to get, service provided under that subchapter at graph (1) of this subsection shall be fined not than one source provided the cumulative less than the rate in effect for that service under less than $2,000. Trial in a criminal action under amount is equal to the minimum requirements of section 13702, shall be fined not more than $500 this paragraph is in the judicial district in this section.’’. for the first violation and not more than $2,000 which any part of the violation is committed. (b) MINIMUM FINANCIAL RESPONSIBILITY RE- for a subsequent violation. ‘‘(b) LIMITATION ON STATUTORY CONSTRUC- QUIREMENTS WITH RESPECT TO CERTAIN MASS ‘‘(2) OTHERS.—A person that knowingly and TION.—This part does not prevent a carrier or TRANSPORTATION SERVICE.—Section 31138(e) is willfully by any means gets, or attempts to get, broker providing transportation subject to juris- amended— service provided under subchapter III of chapter diction under chapter 135 from giving informa- (1) by striking ‘‘or’’ at the end of paragraph 135 at less than the rate in effect for that service tion— (2); under section 13702, shall be fined not more ‘‘(1) in response to legal process issued under (2) by striking the period at the end of para- than $500 for the first violation and not more authority of a court of the United States or a graph (3) and inserting ‘‘; or’’; and than $2,000 for a subsequent violation. State; (3) by adding at the end the following: ‘‘§ 14905. Penalties for violations of rules re- ‘‘(2) to an officer, employee, or agent of the ‘‘(4) providing mass transportation service lating to loading and unloading motor vehi- United States Government, a State, or a terri- within a transit service area in other than ur- cles tory or possession of the United States; or banized areas under an agreement with a State ‘‘(a) CIVIL PENALTIES.—Any person who ‘‘(3) to another carrier or its agent to adjust or local government funded, in whole or in part, knowingly authorizes, consents to, or permits a mutual traffic accounts in the ordinary course with a grant under section 5310 or 5311, includ- violation of subsection (a) or (b) of section 14103 of business. ing transportation designed and carried out to or who knowingly violates subsection (a) of ‘‘§ 14909. Disobedience to subpoenas meet the special needs of elderly individuals and such section is liable to the United States Gov- ‘‘A person not obeying a subpoena or require- individuals with disabilities; provided that, in ernment for a civil penalty of not more than ment of the Secretary or the Panel to appear any case in which the transit service area is lo- $10,000 for each violation. and testify or produce records shall be fined not cated in more than 1 State, the minimum level of ‘‘(b) CRIMINAL PENALTIES.—Any person who less than $5,000, imprisoned for not more than 1 financial responsibility for such motor vehicle knowingly violates section 14103(b) of this title year, or both. will be at least the highest level required for any shall be fined not more than $10,000, imprisoned ‘‘§ 14910. General criminal penalty when spe- of such States.’’. for not more than 2 years, or both. cific penalty not provided (c) TRANSPORTERS OF PROPERTY.—Section 31139(e) of such title is amended by adding at ‘‘§ 14906. Evasion of regulation of carriers and ‘‘When another criminal penalty is not pro- the end thereof the following: brokers vided under this chapter, a person that know- ‘‘(3) A motor carrier may obtain the required ‘‘A person, or an officer, employee, or agent of ingly and willfully violates a provision of this amount of financial responsibility from more that person, that by any means knowingly and part or a regulation or order prescribed under than one source provided the cumulative willfully tries to evade regulation provided this part, or a condition of a registration under amount is equal to the minimum requirements of under this part for carriers or brokers shall be this part related to transportation that is sub- this section.’’. fined at least $200 for the first violation and at ject to jurisdiction under subchapter I or III of (d) COMMERCIAL MOTOR VEHICLE DEFINED.— least $250 for a subsequent violation. chapter 135 or a condition of a registration of a Section 31132(1) of such title is amended— ‘‘§ 14907. Record keeping and reporting viola- foreign motor carrier or foreign motor private (1) by redesignating subparagraph (C) as sub- tions carrier under section 13902, shall be fined at paragraph (D); and ‘‘A person required to make a report to the least $500 for the first violation and at least $500 (2) by striking subparagraph (B) and inserting Secretary or the Panel, as applicable, answer a for a subsequent violation. A separate violation the following: question, or make, prepare, or preserve a record occurs each day the violation continues. ‘‘(B) is designed or used to transport pas- under this part about transportation subject to ‘‘§ 14911. Punishment of corporation for viola- sengers for compensation, but excluding vehicles jurisdiction under subchapter I or III of chapter tions committed by certain individuals providing taxicab service and having a capacity 135, or an officer, agent, or employee of that ‘‘An act or omission that would be a violation of not more than 6 passengers and not operated person, that— of this part if committed by a director, officer, on a regular route or between specified places; H 12296 CONGRESSIONAL RECORD — HOUSE November 14, 1995 ‘‘(C) is designed or used to transport more think, which the large carriers are un- The CHAIRMAN. Is there objection than 15 passengers, including the driver, and is able to provide. They cater to families to the request of the gentleman from not used to transport passengers for compensa- and individuals that do not require a Texas? tion; or’’. large van line. They typically make (e) SELF-INSURANCE RULES.—The Secretary of There was no objection. Transportation shall continue to enforce the moves within the same city and take The CHAIRMAN. The amendment is rules and regulations of the Interstate Com- only several hours to complete a move. withdrawn. merce Commission, as in effect on July 1, 1995, I think the gentleman from Penn- AMENDMENT OFFERED BY MR. LATHAM governing the qualifications for approval of a sylvania [Mr. SHUSTER], the chairman, motor carrier as a self-insurer, until such time would agree with me that deregulation Mr. LATHAM. Mr. Chairman, I offer as the Secretary finds it in the public interest to is really important, and that while this an amendment. revise such rules. The revised rules must provide does deregulate the States, it contains The Clerk read as follows: for— consumer protection rules related to (1) continued ability of motor carriers to qual- Amendment offered by Mr. LATHAM: Page ify as self-insurers; and transportation of household goods. I 32, after line 6, insert the following new sub- (2) the continued qualification of all carriers think he has indicated he would sup- section: then so qualified under the terms and conditions port those consumer protection rules. ‘‘(f) The Panel shall implement by regula- set by the Interstate Commerce Commission or What I would like to do is ask that tion administrative complaint remedies sub- Secretary at the time of qualification. you would consider this in any con- stantively equivalent to the provisions of (f) AUTOMOBILE TRANSPORTERS DEFINED.— ference that might come up with the section 10713 of this title, as in effect before The Secretary of Transportation shall issue a Senate. the date of the enactment of the ICC Termi- regulation amending the definition of auto- Mr. SHUSTER. Mr. Chairman, will nation Act of 1995, with regard to contracts mobile transporters under part 658 of title 23, for the transportation of agricultural com- the gentleman yield? modities. Such regulations shall be adopted Code of Federal Regulations, to mean any vehi- Mr. SAM JOHNSON of Texas. I yield cle combination designed and used specifically no later than 90 days after the date of the en- for the transport of assembled (capable of being to the gentleman from Pennsylvania. actment of the ICC Termination Act of 1995. driven) highway vehicles, race car transporters, Mr. SHUSTER. Mr. Chairman, it is my understanding that while we have Mr. LATHAM (during the reading). or specialty trailers designed for the racing in- Mr. Chairman, I ask unanimous con- dustry with a 10-foot 1-inch spread axle setting. problems with the way this particular sent that the amendment be considered AMENDMENT OFFERED BY MR. SAM JOHNSON OF amendment is crafted, it would be my as read and printed in the RECORD. TEXAS intent to work with the gentleman, so Mr. SAM JOHNSON of Texas. Mr. that as I understand it, he will with- The CHAIRMAN. Is there objection Chairman, I offer an amendment. draw the amendment at this point and to the request of the gentleman from The Clerk read as follows: we will work with him to see if we can- Iowa? Amendment offered by Mr. SAM JOHNSON of not craft one in conference. I would There was no objection. Texas: Page 207, line 21, before the semicolon certainly make that commitment to Mr. LATHAM. Mr. Chairman, I would insert ‘‘in vehicles with a gross vehicle the gentleman. That would be my in- like to thank the gentleman from weight rating of at least 26,001 pounds’’. tent. Pennsylvania [Mr. SHUSTER], the chair- Page 208, line 20, strike ‘‘or’’. Mr. SAM JOHNSON of Texas. Mr. man of the committee, for his dedica- Page 208, line 23, after the comma insert Chairman, I appreciate the gentleman’s tion to working with Members from ‘‘or’’. Page 208, after line 23, insert the following: remarks. the agricultural districts to clarify lan- ‘‘(vi) consumer protection rules directly Mr. Chairman, I ask unanimous con- guage in the ICC Elimination Act of related to the transportation of household sent to withdraw my amendment. 1995. goods,’’. The CHAIRMAN. Is there objection The amendment I am proposing will Mr. SAM JOHNSON of Texas (during to the request of the gentleman from put in place administrative complaint the reading). Mr. Chairman, I ask Texas? remedies substantially equivalent to unanimous consent that the amend- Mr. OBERSTAR. Reserving the right the provisions in current law. This ment be considered as read and printed to object, Mr. Chairman, I heard the amendment will ensure that each rail- discussion. If I understood it, the chair- in the RECORD. road operates as a common carrier and The CHAIRMAN. Is there objection man intends to work with the gen- fulfills its obligations to distribute to the request of the gentleman from tleman from Texas [Mr. SAM JOHNSON] cars its equitably among its customers. to further refine his language and ad- Texas? Under current law, railroads must There was no objection. dress his concerns? Mr. SHUSTER. Mr. Chairman, will keep at least 60 percent of the cars Mr. SAM JOHNSON of Texas. Mr. available for regular services. This re- Chairman, I would like to conduct a the gentleman yield? Mr. OBERSTAR. I yield to the gen- quirement has helped ensure adequate colloquy with the chairman of the com- tleman from Pennsylvania. numbers of cars available to meet agri- mittee, the gentleman from Pennsylva- cultural seasonal demands. b nia. 1645 This amendment will enable the new Mr. Chairman, in September of last Mr. SHUSTER. Mr. Chairman, as I Transportation Advisory Panel to year we passed by voice vote an expan- have said, I will be happy to try to maintain an assurance that sufficient sive deregulation bill that had wide bi- work with the gentleman so that we cars and locomotives are made avail- partisan support. The sponsor believed, can consider it in conference. able to handle the demands of crops as I do, that deregulating the trucking Mr. OBERSTAR. Mr. Chairman, fur- production cycles and market needs. industry would be valuable, not only to ther reserving the right to object, the Mr. Chairman, I urge support of this the trucking industry, but to consum- amendment offered by the gentleman amendment. ers. That has proven true. By deregu- from Texas would change a law that lating trucking, we created a balanced Mr. SHUSTER. Mr. Chairman, will took effect only 10 months ago. It the gentleman yield? playing field. would jeopardize timely enactment of Mr. LATHAM. I yield to the gen- I believe that the gentleman from the legislation before us. California [Mr. MINETA], who was a Mr. Chairman, we think on our side tleman from Pennsylvania. prime sponsor of that bill summed up that it is an issue without a problem. Mr. SHUSTER. Mr. Chairman, I the intent by saying we will have ac- We have had no testimony on the sub- thank the gentleman for yielding. We complished not just agency reduction, ject matter. So I would really appre- support the amendment of the gen- but also regulatory reduction. ciate if the gentleman would withdraw tleman from Iowa [Mr. LATHAM]. Today, Mr. Chairman, this amend- the amendment and both sides would Mr. OBERSTAR. Mr. Chairman, if ment wants to try to expand on the work together to address the concerns the gentleman will yield, we have positive steps that were taken just one of the gentleman. looked at this issue, and although it year ago by expanding the process and Mr. SHUSTER. Mr. Chairman, I has come up very suddenly, it is an exempting small movers, those under thank the gentleman for his comments. issue of longstanding; it has long been 26,000 pounds, from burdensome regula- Mr. OBERSTAR. Mr. Chairman, I a problem of grain shippers to get hop- tion. They provide a unique service, I withdraw by reservation of objection. per cars and locomotives to serve their November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12297 area. We have seen that for many Page 38, lines 8 through 11, amend para- from railroad employment of that employee years, and there is provision in the ex- graphs (3) and (4) to read as follows: with the acquiring carrier during the 12- isting ICC law that gives the Commis- ‘‘(3) provide transportation over, or by month period immediately following the ef- sion authority to order a carrier to means of, an extended or additional railroad fective date of the transaction. The parties line; or may agree to terms other than as provided in provide rates and services, ‘‘substan- ‘‘(4) in the case of a person other than a this subsection. tially similar to the contract at issue rail carrier, acquire a railroad line or ac- ‘‘(c) When approval is sought under sec- with such differentials in terms and quire or operate an extended or additional tions 11124 and 11125 for a transaction involv- conditions as are justified by the evi- railroad line, ing only Class III rail carriers, this section dence.’’ Page 39, line 2, strike ‘‘or section 10702’’. shall not apply. Mr. Chairman, if I could inquire of Page 39, line 20, through page 40, line 4, ‘‘(d) For purposes of this section, the terms the gentleman, the gentleman really strike subsections (e) and (f). ‘Class II rail carrier’ and ‘Class III rail car- wants to keep that language in place? Page 40, line 5, through page 43, line 7, rier’ have the meaning given those terms by Mr. LATHAM. Mr. Chairman, if the amend section 10702 to read as follows: the Panel. gentleman will yield, in essence, yes, ‘‘§ 10702. Short line purchases by Class II and Mr. WHITFIELD (during the read- to provide for those protections for the Class III rail carriers ing). Mr. Chairman, I ask unanimous shipper. ‘‘(a) A Class II or Class III rail carrier pro- consent that the amendment be consid- Mr. OBERSTAR. Mr. Chairman, we viding transportation subject to the jurisdic- ered as read and printed in the RECORD. tion of the Panel under this part may ac- certainly support that objective, and The CHAIRMAN. Is there objection quire or operate an extended or additional to the request of the gentleman from we have no objection to the amend- rail line under this section only if the Panel ment of the gentleman from Iowa. issues a certificate authorizing such activity Kentucky? Mr. LATHAM. Mr. Chairman, I yield under subsection (c). There was no objection. to the gentleman from Minnesota [Mr. ‘‘(b) A proceeding to grant authority under Mr. WHITFIELD. Mr. Chairman, first MINGE]. subsection (a) of this section begins when an of all, I would like to take this oppor- Mr. MINGE. Mr. Chairman, I rise in application is filed. On receiving the applica- tunity to congratulate the Members of support of the amendment and I would tion, the Panel shall give reasonable public the committee for the hard work that like to associate myself with the notice of the beginning of such proceeding. they did on this very complicated piece ‘‘(c) The Panel shall issue a certificate au- of legislation. I think that all of us amendment offered by the gentleman thorizing activities for which such authority from Iowa [Mr. LATHAM]. I certainly is requested in an application filed under agree that the ICC has outlived its use- recognize, as he, that from time to subsection (b) unless the Panel finds that fulness and that the transportation in- time agricultural commodities cannot such activities are inconsistent with the dustry will be much better with the receive adequate shipping services, and public convenience and necessity. Such cer- sunsetting of the ICC and the acquisi- 1995 turns out to be one of those times. tificate may approve the application as filed, tion of the authority to regulate the Mr. Chairman, we have piles of grain or with modifications, and may require com- remaining portions of regulation over sitting on the ground, some of it being pliance with conditions the Panel finds nec- at the Department of Transportation. exposed to moisture, some of it now essary in the public interest. Mr. Chairman, as my colleagues may ‘‘(d) The Panel shall require any Class II heating up, and this is going to cause rail carrier which receives a certificate know, there are three classes of rail- loss for farmers and for elevators. What under subsection (c) of this section to pro- roads in the United States today. Class we need is greater shipping resources. vide a fair and equitable arrangement for the 1 carriers have operating revenues in At the same time, I know that many protection of the interests of employees who excess of $250 million. Class 2 carriers elevators and farmers are troubled be- may be affected thereby to the same extent have operating revenues between $20 cause they see rail rates increasing as an arrangement established pursuant to million and $250 million, and class 3 dramatically, and although they have section 11126(b) of this title. The Panel shall carriers have operating revenues of less not utilized the ICC on numerous occa- not require such an arrangement from a than $20 million a year. sions, they certainly do not want to Class III rail carrier which receives a certifi- cate under subsection (c) of this section The amendment that I am offering lose whatever remedial enforcement ‘‘(e) For purposes of this section, the terms provides certainty regarding labor pro- power the Interstate Commerce Com- ‘Class II rail carrier’ and ‘Class III rail car- tection associated with the sale or mission may have in this context. rier’ have the meaning given those terms by merger of short-line railroads. It will Therefore, I applaud the gentleman the Panel. benefit railway labor and short-line op- from Iowa for offering this amendment Page 46, line 2, insert ‘‘(a)’’ after ‘‘under erators. to continue the protections that exist sections 11126’’. Mr. Chairman, I would like to point in the Interstate Commerce Act for the Page 68, Line 18, strike ‘‘(a)’’. Page 69, lines 7 through 11, strike sub- out that this amendment does not in benefit of agricultural shippers. section (b). any way affect labor protection in class Mr. LATHAM. Mr. Chairman, if the Page 74, after line 22, insert the following 1 railroads. I would also like to point gentleman will yield, I thank the gen- new subsection: out that it is not our intention, and we tleman, and I thank very much the ‘‘(e) No transaction described in section made this very clear with legislative gentleman from Pennsylvania [Mr. 11126(b) may have the effect of avoiding a counsel, that we would exempt all rail- SHUSTER] for accepting this amend- collective bargaining agreement or shifting way labor protection in class 3 carriers. ment, and I would urge the amend- work from a rail carrier with a collective However, we do keep labor protection bargaining agreement to a rail carrier with- ment. and we specify specifically what it The CHAIRMAN. The question is on out a collective bargaining agreement. Page 74, line 23, strike ‘‘(e)’’ and insert in should be for class 2 carriers. the amendment offered by the gen- lieu thereof ‘‘(f)’’. In addition to that, if a railway car- tleman from Iowa [Mr. LATHAM]. Page 79, line 12, strike ‘‘When’’ and insert rier would like to establish a The amendment was agreed to. in lieu thereof ‘‘(a) Except as otherwise pro- nonrailway subsidiary and acquire a The CHAIRMAN. Are there further vided in this section, when’’. short-line railroad, they are exempt amendments to title I? Page 80, after line 3, insert the following from this bill and they go to the ICC AMENDMENT OFFERED BY MR. WHITFIELD new subsections: for imposition of labor protection, as is Mr. WHITFIELD. Mr. Chairman, I ‘‘(b) When approval is sought under sec- tions 11124 and 11125 for a transaction involv- the existing law. Mr. Chairman, as my offer an amendment. colleagues know, the ICC has the au- The Clerk read as follows: ing one Class II and one or more Class III rail carriers, there shall be an arrangement as re- thority today on short-line acquisi- Amendment offered by Mr. WHITFIELD: quired under subsection (a) of this section, tions and mergers to impose up to 6 Page 37, in the table of sections for chapter except that the arrangement shall be limited years labor protection. 107, amend the item relating to section 10702 to one year of severance pay, which shall not So my amendment is a very simple to read as follows: exceed the amount of earnings from the rail- ‘‘10702. Short line purchases by Class II and amendment that provides certainty. road employment of that employee during For example, if a class 3 railway ac- Class III rail carriers. the 12-month period immediately preceding Page 38, line 3 and 4, strike ‘‘rail carrier the date on which the application for ap- quires a line from any carrier or providing transportation subject to the juris- proval of such transaction is filed with the merges with another class 3 carrier, diction of the Panel under this part’’ and in- Panel. The amount of such severance pay there is no labor protection. That is sert in lieu thereof ‘‘person’’. shall be reduced by the amount of earnings the same as is in the Chairman’s bill. H 12298 CONGRESSIONAL RECORD — HOUSE November 14, 1995 If a class 2 railway acquires a line West Virginia, in the bill, they have no exempt the merger from any Federal, from a class 1 or another class 2, labor labor protection at all. State, or local law necessary to carry protection will be limited to 1 year sev- Mr. WISE. So with the gentleman’s out the transaction. In a nutshell, a erance pay. Under existing law, the ICC amendment, there is some provisions merger or a line sale could never be has the authority to require 6 years where under existing law there is labor carried out under this amendment. protection. If a class 2 railway merges protection; under your amendment, If Members want to see wholesale with a class 3 railway, labor protection there is not. So I would say that in abandonments across America with the will be limited to 1 year severance. some cases, labor has made a conces- smaller railroad lines, if we pass this Finally, in my amendment, a class 2 sion. amendment, that is what we are going railroad and only a class 2 railroad Mr. WHITFIELD. Mr. Chairman, re- to see. That is the reason why we so would be prohibited from using a merg- claiming my time, I think they cer- vigorously oppose this amendment. er between a union and a nonunion tainly have. I think it is a balanced ap- In closing, I again emphasize, we do railroad to avoid a collective bargain- proach to this issue, and I think the not touch labor protection for class I, ing agreement. gentleman is correct. for the big railroads. We leave that in Mr. Chairman, I think that labor has Mr. WISE. Knowing the gentleman’s place. But do not impose upon these come very far in supporting this experience in the rail industry and the small railroads this kind of labor pro- amendment, because under existing time he spent in it, we appreciate very tection, because if Members do, we will law, they have the opportunity to get 6 much, I do, the gentleman offering this simply be inviting them to abandon years protection. In many instances amendment, which seems to be a good, their lines rather than swallow these today, and in the last few years, as we commonsense compromise. extraordinary costs. have had a lot of acquisitions of short Mr. SHUSTER. Mr. Chairman, I rise Mr. LIPINSKI. Mr. Chairman, I move lines, railway labor has received zero in strong opposition to this amend- to strike the last word. benefit. ment. Mr. Chairman, I rise to express my At the same time, many class 2 car- Mr. Chairman, I would say to my col- very, very strong support for the riers, and I know the association of leagues, if we want to see wholesale amendment offered by the gentleman class 2 carriers, are opposed to this abandonments, particularly in rural from Kentucky. This amendment is a amendment, but many class 2 carriers America of small railroad lines, this is very reasonable compromise—in fact, like the certainty of 1-year severance the amendment, if it passes, which will as far as I am concerned, it is probably that is clear to them without any cause that to happen. Indeed, while I far too reasonable—to the contentious doubt. am sure the gentleman from Kentucky issues surrounding labor protection for As as I stated, this amendment re- [Mr. WHITFIELD] does not mean to cre- rail employees. moves uncertainty regarding labor pro- ate uncertainty; in fact, he said this As reported by the Committee on tection in the case of railway acquisi- amendment of his would remove uncer- Transportation and Infrastructure, tions and mergers. It is a fair and equi- tainty, the fact is it will create ex- H.R. 2539 contains a provision which table solution for short-line operations traordinary uncertainty, and I will at- wipes out statutory safeguards for rail and railroad employees, and I would tempt to prove that as I continue in employees who are affected by merg- like to stress once more, it does not af- this opposition. ers, acquisitions, and other trans- fect labor protection for class 1 rail- First of all, Mr. Chairman, this actions. The provision applies to em- roads and it exempts, it is our intent to amendment requires mandatory 1-year ployees of class 2 railroads, that is, exempt, labor protection for class 3 severance on Class 2s, which could be railroads with annual revenues up to railways as small as a railroad with revenue of $250 million. I repeat that. These are Mr. Chairman, I urge support of the only $21 million a year. class 2 railroads that have annual reve- amendment. Second, this amendment gives the nues up to $250 million. Mr. WISE. Mr. Chairman, will the panel, the new adjudicatory panel, the Instead of completely wiping out the gentleman yield? authority to impose optional labor pro- labor protection currently afforded Mr. WHITFIELD. I yield to the gen- tection on Class 2 mergers of line sales these employees, the Whitfield amend- tleman from West Virginia. under the guise of public interest. This ment provides 1 year of severance for Mr. WISE. Mr. Chairman, I appre- means that the panel could impose 6 those with years of employment on ciate the gentleman yielding, and I years if it chose to do so. So we have midsize railroads. This 1 year of sever- have a question. no guarantee here that it only would ance is a dramatic reduction from the If I wanted to come from a very hard be a 1-year labor protection. current 6-year requirement. labor standpoint, would I not see this Now, if this is not bad enough, the Mr. Chairman, many times in the as being some concessions from, par- amendment will allow the panel to im- past I have stood in this well and advo- ticularly from what existing law is? pose optional labor protection on Class cated maintaining or increasing the I look for instance, at class 3, which 3 line sales, again, under the guise of good benefits provided for union mem- are your smallest railroads, those public interest. bers in this country. I am not doing under $20 million of operating revenue, Mr. Chairman, let me share with my that today. Instead, I propose that we and I note that under existing law, if colleagues now what the real neutron slash the severance benefits given to there is a merger, they would have 6 bomb is in the amendment, something class 2 railroad employees from 6 years years; am I correct? Under the gentle- that is silent, but deadly. to 1 year. I know that is a big cut, but man’s amendment, they have what? This amendment, and I doubt that I am willing to support it in order to Mr. WHITFIELD. Mr. Chairman, re- the gentleman from Kentucky really pass this bill and to protect the Amer- claiming my time, under my amend- intends this to be the case, but this ican working man and woman in class ment they have 1 year, you are right, if amendment wipes out the provisions in 2 railroads. it is a carrier by a class 3. If it is a car- existing law which makes the panel the After passage of this amendment, rier acquisition, a class 3 is mandatory exclusive Federal authority of proving this legislation will provide 1 year of for 6 years. They can form a nonrail the merger. Beyond that, it wipes out severance for class 2 railroads and es- subsidiary and then the ICC has the op- the provisions in existing law that in- sentially eliminate severance for class tion of imposing whatever labor protec- sulate the merger from State laws, so 3 carriers, those with annual revenues tion they want up to 6 years, but this State law could be interposed. less than $20 million. That is because is a concession on the part of labor. the short line and the regional rail- b Mr. WISE. Mr. Chairman, if the gen- 1700 roads do not have the same financial tleman will continue to yield, what Further, this amendment wipes out resources that the big class 2 carriers about class 3s, because class 3s, it was the provisions in existing law which in- do. But those who oppose this amend- my understanding, have no labor pro- sulate the merger from Federal anti- ment will say that even the limited tection at all. trust laws. Fourth, this amendment benefits provided in this amendment Mr. WHITFIELD. Mr. Chairman, if I wipes out the provisions in existing law are too much. They will say that class could respond to the gentleman from which give the panel the authority to 2 railroads simply cannot afford them. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12299 Let me tell Members about one class addition, it would allow for unlimited company that negotiates a collective- 2 railroad that runs through my con- labor protection on class 2 and 3 line bargaining agreement with its union, gressional district, the Wisconsin sales to be imposed at the discretion of the machinists in a chemical company, Central Railroad, a class 2 railroad the Transportation Adjudicatory for instance, and the regular labor that that made BusinessWeek’s list of 1,000 Panel. If class 2 and 3 carriers are sub- most of us are familiar with. That is largest companies in the United States. jected to costs imposed by the not what rail labor is about. Wisconsin Central’s stock value is $800 Whitfield amendment, thousands of What the gentlewoman has just million. That is higher than J.B. Hunt. miles of rail lines are likely to be aban- talked about might be fine in the pri- I can tell you, Wisconsin Central can doned. Is this what our small towns vate sector, but there has been an ac- afford 1 year of severance for its em- and rural communities want? cord reached over many, many years in ployees. One major problem with the which rail labor gave up certain rights, The Chicago Tribune recently re- Whitfield amendment is the unlimited such as being able to walk off the job, ported that the middle-class Americans discretionary labor protection on class such as being able to call a strike with- are having a tough time getting by, 2 and 3 line sales, which is in addition out going through a long, arduous that their money does not go as far and to the mandatory requirement of 1- process, and the rail companies also they are facing layoffs, they are facing year severance. Any time you confer gave up certain things. cutbacks in their benefits and sky- this kind of optional or discretionary The interesting thing is, it is the rail rocketing college tuition for their chil- authority on an agency, you are guar- companies that have asked to be con- dren. These are the same people this anteeing protracted litigation at the sidered as a unique industry. It is the bill has targeted, pulling the rug out agency and probably in court for every short line railroads and the class 1’s from under their feet. transaction. that ask to be treated in a different I am not suggesting the status quo. I Let me give one example of why we way, and so that is the reason you have am not advocating 6 years of labor pro- are so concerned. In 1993, the holdover this delicate balance. tection. I stand in support of the gen- Bush ICC approved a purchase of a 3.7- In the private sector, if you have a tleman’s amendment because it is very, mile line by the Bradford Industrial collective bargaining agreement, you very, very reasonable. Railroad with no labor protection. This can have it enforced by the courts. In I expect this amendment to pass new company has total annual reve- the rail industry, if you have a collec- today. If it does not, though, I expect nues of $250,000. Two years later, the tive bargaining agreement, you can H.R. 2539 to be defeated. Pass the Clinton ICC revoked the exemption de- have it reversed or overturned by the amendment and then pass the bill. It is cision approving the sale and ordering ICC. And so these are the issues that the right thing to do for all Americans. a full 6-year labor protection, which are at stake. Ms. MOLINARI. Mr. Chairman, I the Transportation Adjudicatory Panel The amendment of the gentleman move to strike the requisite number of could still do. This labor protection from Kentucky goes a long way, I hap- words. alone will cost this company at least pen to think, a long way toward chang- Mr. Chairman, I rise in strong opposi- $300,000, more than the company’s en- ing existing law and indeed in some tion to this amendment. The railroad tire annual revenues. cases undoing existing labor protec- industry is the only one in the United Another thing the proponents of this tion. We all understand it is a new day, States singled out for the original un- amendment do not tell is that they we all understand that we have to funded mandate, labor protection. The have cleverly included in it a complete make compromises, but I think people word ‘‘protection’’ here is a euphe- disruption of the existing law concern- ought to understand that this is not a mism, not unlike its use in Chicago ing the process of implementing a regular collective bargaining situation. during prohibition. The protection here merger once it has been approved by is a statutory form of extortion, the the agency. The current law says that I would like to address some of the writing into Federal law of a manda- other law gives way to the extent nec- other points that have been made. The tory wage scheme with no Federal essary to carry out the transaction. specter has been raised of wholesale funds to offset the costs inflicted by This amendment eliminates this stand- abandonments. Mr. Chairman, there is the law. ard, including provisions that exempt no one that worries more about aban- In response to some of the prior rail mergers from antitrust laws, and donments, living in a rural area, than I speeches, let us be clear. There is noth- instead gives labor a virtual veto power do, and we are dealing with a tough one ing in the change in this law that de- over post-merger matters, such as right now. nies labor and management in nego- work reassignments. This is very, very But my concern is that without this tiating a severance package just like dangerous. This amendment also al- kind of legislation, we are going to every other business has to in these lows for the extension of this veto likely see more of that. Incidentally, United States. power to line sales. nobody ever talks about abandoning It is bad enough that such policy has Mr. Chairman, it is no secret that the working people that made that become enshrined in laws affecting many more miles will be abandoned in railroad run for many, many years, large railroads but it is truly out- the next several years as the industry abandoning the community that helped rageous to impose these debilitating continues to restructure through merg- make that railroad thrive for many costs on the small railroads who are er and otherwise. If Members want to years. the salvation of rail service in our assure that the maximum number of But let me give some examples of small towns and rural communities. these lines are abandoned forever and how the Whitfield amendment makes How many Members are willing to face the maximum number of businesses the situation far better, particularly, their constituents and say, ‘‘I killed and communities lose their rail service than current law. The Whitfield the possibility of continued rail service entirely, then vote for this amend- amendment, for instance, if a midsize in your community because rail labor ment. But if Members want to railroad, a class 2, has a line sale, buys demanded that I continue a completely strengthen our rail system and keep as from the class 1, the large railroad, the unjustified benefit. By doing so, I pre- much service to as many communities largest, then all it gets is 1 year, 1-year vented the rescue of rail lines up for as possible, then I strongly urge a ‘‘no’’ labor protection for those workers. abandonment in my district.’’ vote. Presently it can be up to 6 years. That is exactly what it is at stake in Mr. WISE. Mr. Chairman, I move to If a class 3, the smallest railroad, this amendment. The committee-re- strike the requisite number of words. those under $20 million in revenues, if ported bill establishes a clear, simple Mr. Chairman, welcome to the world they acquire from each other or buy set of ground rules for all line sales and of rail labor, because there are a lot of from each other, there is no protection, merger transactions involving smaller different situations here. You might no labor protection whatsoever. If a railroads. This amendment would think from the preceding speaker that class 2, the midsize railroad, merges eliminate the safe harbor for the so- we are talking about labor situations with a small railroad, a class 3, they called class 2’s by requiring a manda- that we are used to in the private sec- get 1 year. That is a change from exist- tory severance payment of 1 year. In tor where, for instance, you have a ing law, 6 years. H 12300 CONGRESSIONAL RECORD — HOUSE November 14, 1995 If a nonrail carrier, a railroad sets up Let me just tell a quick story, Mr. practices and make the railroads meet a nonrail subsidiary or a nonrail car- Chairman. A few years ago, if you re- the competition of the marketplace. rier comes in, there is no labor protec- member, rail labor was trying to go out Now, lest I be considered heartless tion in that situation. And if a class 3, on strike, and I went to a Labor Day for proposing this, let me tell you that a small railroad, acquires a piece of a rally, and one side I saw a group of blue there are many success stories in class 1, no labor protection. All of this shirts coming from an aluminum mill. Michigan, but not just in Michigan. is a change from the existing law, when They were out. They wanted the Gov- Here I have an article which appeared in most of these cases there could be up ernment to go to work to put them in the St. Albans Messenger, Vermont’s to 6 years of labor protection. So there back to work. On the other side came oldest evening newspaper, where the is a significant retrenchment. the rail labor people who wanted to go workers tell the story of a small rail- I am also interested because of the out and wanted the Government to road which was going bankrupt but was language that some are concerned stop imposing constraints upon them. acquired by a new firm, and they were about, that would permit the ICC to So, what we have here is we have two able to streamline the operations and, look at situations dealing with the segments of labor treated differently, through good participation between public interest. Well, I understand the and we have to remember that very workers and management, it finally concerns that were raised, except as I delicate balance that has been reached. turned a profit after many, many read the existing bill, the chairman’s I would urge my colleagues to sup- years, and it looks as if the railroad is mark, that language is in there as well. port the Whitfield amendment. going to survive now. ‘‘In the public interest’’ is in both ver- Mr. EHLERS. Mr. Chairman, I move Mr. SHUSTER. Mr. Chairman, will sions, in the Whitfield amendment and to strike the requisite number of the gentleman yield? in the existing legislation before us. words. Mr. EHLERS. I yield to the gen- Finally, should the ICC not be able to Mr. Chairman, I rise in strong opposi- tleman from Pennsylvania. look at what is in the public interest? tion to this amendment. This amend- Mr. SHUSTER. I thank the gen- That has always, it seemed to me, been ment is not about labor protection. It tleman for yielding. a fairly important criterion in here. is not about worker protection. It is Apropos to that point, since the This is obviously a very complex sub- not about job protection. It is about Reagan-Bush ICC began exempting the ject, the situation dealing with class 1, killing jobs. small railroads from the mandatory class 2, and class 3, but in quickly re- Let me recite some of the experience labor protection, over 300 new small hashing, let me just run down. we have had in the State of Michigan. railroads have been formed, preserving Class 1, those are your biggest rail- Michigan is in a unique situation be- 30,000 miles of track and saving 10,000 roads, over $250 million of operating cause it is an industrial State but it is jobs that otherwise would have been revenue. Oh, that we all could be on not on the main line between other lost to abandonment. the board of directors of one of these. major industrial areas. It is, in a sense, Mr. EHLERS. I thank the gentleman They maintain the same labor protec- an offshoot going up in a peninsula. We for making that point so eloquently. tion. They do not have a dog in this have a number of lines that were in fi- That is precisely the point that should fight to speak of. That is why you have nancial difficulty, and it was only be raised here, and that is why we not been besieged, I do not think, by through the good graces of the ICC, in should defeat this amendment. If we do them opposing this amendment, be- providing that labor protection as pro- not, we will end the acquisition and ex- cause they are covered regardless. posed in this amendment need not be pansion of these lines. We will end the Class 2’s, those are $20 million to $250 applied, that these lines were able to addition of jobs. We will see more lines million of operating revenue. They sell off the unprofitable sections, and closing marginal sections, and we will have their labor protection provisions these small lines have proved to be see more jobs lost both at the railroads cut back significantly. The CHAIRMAN. The time of the marginally profitable over the years. and at the factories which use these Unfortunately, under the current ad- gentleman from West Virginia [Mr. railroads. ministration, the ICC is no longer giv- I urge defeat of this amendment. WISE] has expired. ing those waivers against the labor Mr. DEFAZIO. Mr. Chairman, I move (By unanimous consent, Mr. WISE was allowed to proceed for 2 additional protection, and I believe it is very im- to strike the requisite number of minutes.) portant to remove this amendment words. Mr. WISE. Mr. Chairman, only in the from the floor and defeat it, simply be- Earlier I heard some confusing state- case of a class 2 merging with a class 2 cause if this amendment is adopted, ments from the other side talking can there be up to 6 years. In most those small lines such as we have in about the Clinton ICC. You know, two cases it drops back to 1 year. Michigan will not be purchased or of the three current sitting commis- A class 3 that merges or acquires line formed but rather the jobs will be lost sioners are Reagan-Bush appointees. from another class 3, two small rail- because the lines will be closed. They talked about the reversal of this roads, those under $20 million of oper- Furthermore, the jobs of the railroad decision by the Clinton ICC. Would ating revenue, they lose their labor workers are not the only ones lost, but that it were. Would that there were protection. No discretion. They lose it. there are a number of companies that five members, would that, you know, are dependent upon rail transportation, five members sitting, that a majority b 1715 and if the railroads close, these compa- had been appointed by President Clin- So for these reasons the amendment nies are likely to close because of in- ton and confirmed by the Senate. But offered by the gentleman from Ken- creased costs of transportation, using that is not the case. tucky significantly does change the other forms of transportation. So this precedent which was talked labor law, does not endanger abandon- I think we have to address the situa- about earlier is not the result of the ments, abandonment situations; I tion directly, get rid of this unfunded current administration reversing the think, in fact, only facilitates them. It mandate which is being imposed on field here. certainly improves existing law and them. But what I rise to do is speak in sup- also provides some measure of concern Why in the world should Federal law port of the Whitfield amendment. for workers, and I might say preserves govern labor practices—and for a com- There is a question of equity here now some of this delicate balance. pany such as this—whereas we do not with the recent Burlington Northern- I will get back to the point I made on do it for 120 other companies which are Santa Fe merger. We have the top the rule. If you want to do away with larger than many of these railroads seven executives at Burlington North- the collective bargaining procedures, and who have successfully operated ern getting golden parachutes worth that is fine. Then let people be truly in mergers, acquisitions, and in fact have $35 million. the free market. But what that means participated fully in the expansion of Mr. SHUSTER. Mr. Chairman, will is no presidential finding boards, no the economy for the past few years? the gentleman yield on the point be cooling-off periods, none of that. You I think it is time to get the Federal made about ICC membership? give people the same rights they have Government out of the business of in- Mr. DEFAZIO. If I could at the end of got in the private sector. suring these long-term labor protection my remarks. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12301 Mr. SHUSTER. Surely the gentleman and equity for the restrictions that This time, it’s to eliminate job pro- would not want to misstate what he have been placed on those employees tections for railroad workers. previously reported. I will be happy to over the years, and that is one of sever- In its current form, the bill destroys ask for additional time for the gen- ance for the employees who lose their the longstanding rights of workers of tleman if I simply might. jobs. middle size or small railroads that are Mr. DEFAZIO. I yield to the gen- I would argue strongly that the merged or sold. tleman from Pennsylvania. Whitfield amendment is modest. It is Supporters claim that the only way Mr. SHUSTER. Mr. Chairman, I sim- an improvement to the bill. I person- to ensure the success of railroad deals ply want to point out the three com- ally would go much further. But it is a involving small rail lines is to elimi- missioners, two of them were appointed modest compromise that is the bare nate employee protections. I disagree. by Clinton and one was a holdover. So minimum needed to make this a bill This bill should not be used to gut the majority of the ICC are in fact acceptable, I believe, to a majority of major labor protections agreed to by Clinton appointees. the Members of this House. labor, management, and the Govern- Mr. DEFAZIO. I got my information Mr. CAMP. Mr. Chairman, I move to ment more than 50 years ago. on this side. It was the reverse of that. strike the requisite number of words. Mr. Chairman, I rise in opposition to That’s why I support the Whitfield Perhaps we can straighten that out amendment, supported by rail workers, later. I thank the gentleman. the Whitfield amendment. In the 1970’s and early 1980’s, my State of Michigan which addresses the concerns of the The ranking member of the commit- rail industry by exempting short line tee tells me that one of the appointees was hard hit by rail line abandonment in our rural areas. This was particu- rail deals from any worker protection was a Republican, but was a Clinton obligations. appointee. So I stand partially cor- larly hard on our grain shippers who depend on competitively priced rail At the same time, it protects rail rected. workers’ collective-bargaining rights The point here is there is an issue of service to sell their product. when middle- or large-size rail carriers equity with the recent Santa Fe-Bur- Fortunately, the ICC of the 1980’s un- are sold or merged and ensures that lington Northern merger. The top derstood that if they could get rid of employees’ interests are addressed be- seven executives of Burlington North- the archaic Federal mandate known as fore such transactions are completed. ern got golden parachutes worth $35 labor protection, that these light den- Just as this House voted to preserve million. That is an average of $5 mil- sity lines could be sold to new owners section 13(c) for mass transit workers, lion each. There were a few thousand instead of abandoned. Substantial I urge my colleagues to vote to pre- employees, line employees, who worked pieces of rail line were saved in Michi- serve the employee protections for the for the same railroad for a lifetime. gan as a result of that policy known as thousands of hard-working railroad They got nothing. They did not even the 10901 exemption process. The ex- employees nationwide. get a year’s severance. emption process recognized it was bet- So there is a question of equity. This ter to preserve the service and save as Mr. RAHALL. Mr. Chairman, I move is an industry that enjoys an unusual many jobs as possible by forming a to strike the requisite number of degree of Federal regulation, a degree new, lower-cost operator than to lose words. which actually deprives the collective everything to abandonment. Mr. Chairman, I rise in support of the bargaining rights of thousands of With Conrail’s announcement it is amendment offered by the brave and Americans who work for rail. They are going to shed another 4,000 miles of courageous gentleman from Kentucky denied the right to use the one most ef- marginal line and with restructuring [Mr. WHITFIELD]. fective tool they have to get better taking place with the Grand Trunk It is a fact that whenever Congress wages and working conditions and con- Railroad, Michigan and much of the has taken action to deregulate a trans- tracts, including provisions in the con- Midwest is going to be facing another portation mode—be it aviation, rail, tracts for severance. That is the right round of abandonment or sales. motor carrier or intercity bus—we I ask the Members to keep two facts to go out and stay out on strike. have incorporated provisions aimed at in mind: First, the 1995 ICC favors the So if that law is to remain, then we mitigating the impact of deregulation imposition of mandated labor protec- must provide some balance and some on transportation workers. tion payments. Twice in the last year equity, and the Whitfield amendment, For it is also a fact that transpor- they have used their discretion under despite all of what has been said on the tation workers are the innocent vic- the 10901 exemption process to impose floor here, is very modest. With the tims of deregulation, with many thou- labor protection, an absolute reversal Whitfield amendment, if a small rail- sands having lost their jobs since the of the previous ICC’s protection. late 1970’s when Congress first acted to road purchases a line, lays off employ- Second, the Whitfield amendment ees, get nothing, does not change any- deregulate the transportation industry. undercuts the current statute in a way Today, we have before us a bill that thing. I think it should go further, and that makes it statutorily easier to im- we should do something for them. But among other items would further de- pose labor protection in 10901 cases and regulate the railroad industry. It would it does provide a year’s severance when to litigate if labor protection is not op- a midsized railroad purchases a rail make sense, then, for this legislation posed. to maintain existing rail employee pro- line or merges with a smaller railroad, The combination of an ICC that does not a $35 million golden parachute, not tections. But it does not. not fully appreciate the value of the This legislation puts in jeopardy the $5 million each like the executives at exemption and a new statute that of- Burlington Northern, but 1 year’s sev- jobs of those workers who are em- fers the opportunity for new legal chal- ployed by what are known as class 2 erance for someone who has dedicated lenge to the exemption is a lethal com- their life to a company and been a pro- and 3 railroads. The short lines, the bination. smaller railroads, of this country. ductive employee. I do not think that I believe the labor protection provi- And it does so for no particularly is too much to ask for line workers. sions in H.R. 2539 will preserve railroad good reason. The bill preserves the Interstate lines, will preserve service to rural Commerce Commission under a new shippers and will preserve jobs. The Whitfield amendment is a com- name at the Department of Transpor- I encourage my colleague to oppose promise. The smallest of railroads, the tation. It preserves a number of the es- the Whitfield amendment, which would class 3’s, would no longer be subject to sential functions of the ICC. It is essen- substantially weaken those provisions. existing law labor protections. tially a status quo bill. It is a modest Ms. BROWN of Florida. Mr. Chair- But the class 2’s, many of them solution. It really is. man, I move to strike the requisite which are not especially that small, This agency has the unique authority number of words. would be subject to modified labor pro- to break collective bargaining agree- Mr. Chairman, here we go again, an- tections. ments. Balance is restored only by tell- other attack against working people. Not the rarely used 6 years of labor ing the agency that at least when Last time, they tried a sneak attack protections that opponents of labor midsized railroads are involved, they to take away the collective-bargaining often mention. And rarely invoked it have to provide some sort of balance rights of our Nation’s transit workers. is. H 12302 CONGRESSIONAL RECORD — HOUSE November 14, 1995 But rather, a dramatically reduced 1 ment, want to keep those green lights tion. Let us not lower the strong bene- year of severance pay, when the em- flashing, so that what the American fits that workers in the railroads have ployee is eligible, in the event he or she people have come to believe is financial now, but let us increase the benefits loses their job as a result of a merger shenanigans and golden parachutes can that other workers have. or other transaction of that nature. continue to happen, and happen at the Mr. WILLIAMS. Mr. Chairman, re- Let us not turn our backs on the expense of workers in this Nation. claiming my time, I thank the gen- working men and women of the rail in- We have to protect agreements that tleman from Vermont, and I urge my dustry. Let not greed take precedence were arrived at between management colleagues to listen to his words, the over human decency. and the workers at the bargaining race for the bottom. The decreasing of I urge the adoption of the Whitfield table. Normally, under current law, if a the standard of living of American amendment. contract is broken, the ICC assures workers is a new phenomenon in this that employees, the workers, will have country, and it is wrong. b 1730 some protection because the ICC can Mr. BACHUS. Mr. Chairman, I move Mr. NADLER. Mr. Chairman, will the require the railroad to protect the em- to strike the requisite number of gentleman yield? ployees. This bill allows a contract to words. Mr. RAHALL. I yield to the gen- be broken, no protection from the em- Mr. Chairman, I rise in opposition to tleman from New York. ployees. the Whitfield amendment. Mr. Chair- Mr. NADLER. Mr. Chairman, I rise What does the gentleman from Ken- man, this year there are 132,000 miles today in strong support of the amend- tucky’s amendment do? It flashes a of railroad in America, 132,000 miles. ment offered by the gentleman from yellow light. It throws up a caution Last year there were 137,000 miles. We Kentucky. This amendment is not per- signal. It says to that speeding High- lost 5,000 miles of railroad. fect, in my opinion, but it does main- ball, golden parachute, Cannonball Ex- You have to go back to get to 135,000 tain some basic rights for railroad press, ‘‘Slow down. Let’s slow down and miles of railroad, what we have now, workers. Without this amendment, the be cautious long enough to provide you have to go back to 1885. That was bill would allow for collective-bargain- some small, very small, less than the last year we had 135,000 miles. So ing agreements to be abrogated at the today, some small protections from the we have got the same mileage that we whim of the newly created Federal workers when they bargain success- had in 1885. We have come 110 years, panel that will replace the ICC func- fully for those protections with man- and we are back to the same number of tions, without the current balancing agement.’’ railroad miles. provision that provides labor protec- There is no one in this Chamber that Mr. Chairman, I would hope that tions for workers involved in merger does not understand why that whistle those of us in this Congress could agree situations. The amendment will main- is blowing. We all understand that the that if there is not a railroad, there are tain some of these labor protections. leveraged buyouts and the mergers are no railroad jobs; and the ultimate way The amendment will leave railroad going to keep coming in this country. to protect a railroad job is to protect workers with some sense of security by We should not let that train run right these rails. ensuring workers terminated as a re- over its workers. Let us slow it down. I can remember when they pulled the sult of mergers of a year of severance Let us try to protect the railroad labor rails out of the back of the farm that pay. people in this country, and at least my cousin lived on, and he asked my This is a reasonable provision, al- provide for them a portion of the agree- grandfather, who was a locomotive en- though obviously much less of a pro- ment that they bargained collectively gineer, ‘‘When are they going to put tection than the requirement in cur- with the railroad managers. the rails back?’’ And my grandfather, rent law of 6 years severance pay. Mr. SANDERS. Mr. Chairman, will who worked 58 years for the Southern Many of the people who work on these the gentleman yield? Railroad said ‘‘Son, when they pull the railroads have done so for decades and Mr. WILLIAMS. I yield to the gen- rails up, they don’t put them back.’’ have sons and daughters who have fol- tleman from Vermont. And he was right. Those rails are still lowed in their footsteps. These are Mr. SANDERS. Mr. Chairman, I up. They still are not back down. working people just trying to stay thank the gentleman for yielding. A Now, just to give you some statistics above water. They are the kinds of peo- few moments ago the gentleman from or facts, in 1960 we had 220,000 miles of ple who are the backbone of our econ- Michigan mentioned St. Albans, VT railroad, trains running on those omy and the kinds of people that have and the takeover there. I know a little tracks and workers working on those made the United States the great coun- bit about that because I was intimately railroads; 1970, it dropped to 208,000; try it is today. involved in that entire struggle. 1980, 178,000; 1990, we lost another Without this amendment, we are tell- The gentleman neglects to tell us 382,000, almost 20 percent of our rails in ing these men and women that we do how many workers, many of whom 10 years, 146,000; 1995, we have hit not care if their jobs are swept away by were employed by that company for 133,000 miles. And presently railroads a merger, so be it. I believe, Mr. Chair- decades, were laid off and lost their want to abandon another 15,000 miles. man, that we owe this small piece of jobs. The gentleman neglects to tell us Eighty percent of that rail, the high security to the American worker, and I what the wages are of the new workers bid will be class 2 railroads, the rail- urge my colleagues to support the who came into that job as compared to roads that we want to saddle with this amendment of the gentleman from the other workers. The gentleman ne- additional expense. If we want, just to Kentucky. glects to say that to the degree we got show in one State what has happened, Mr. WILLIAMS. Mr. Chairman, I a halfway decent severance package for Pennsylvania, 1950, the chairman’s move to strike the requisite number of those workers who were laid off, it is home State, almost 10,000 miles of words. because we fought and the union rails; 1978, 8,000; 1980, 7,000; by 1990, in Mr. Chairman, I rise in support of the fought over a period of a year and ral- 10 years, they lost half their rails. amendment of the gentleman from lied community support for decency. But let me tell you what did happen Kentucky. My colleagues, you hear What this whole discussion is about in the last 2 years. Let me tell you that whistle blowing? She is coming is a phenomenon taking place all over some good news. We had eight States down the track, the Highball Express, this country called the race to the bot- this last year, eight States, that actu- with green lights flashing all the way tom. How do we pay workers lower and ally put new rail, that increased their to the horizon. lower wages to make them competitive rail mileage. Do you know how they We know what that train is carrying. with other low wage workers? How do did that? They did that because class 2 We have seen it go by a time or two be- American workers compete with Mexi- railroads bought track that was going fore. It is carrying abandonments, and can workers and Chinese workers? to be abandoned. restructuring, and leveraged buyouts. The problem today is not that rail- Let me say this to those who are ad- It is carrying mergers and takeovers. road workers have too strong worker vocating for unions. This amendment And my colleagues, the supporters of protection. The problem is that other is bad for the unions, because if you this bill, who are opposing this amend- workers have too weak worker protec- look at those railroads who have taken November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12303 over those tracks, and in Mississippi and the imposition of labor protection. Whitfield amendment keeps the Gov- alone, 700 miles of new class 1, the class It would allow a Federal agency to ernment’s hand in railroad trans- 1 came in and bought a union carrier, break privately negotiated collective actions. it went from a class 1 to a class 2, and bargaining agreements when two rail- I would like to also add that in my the class 2 bought it without any labor roads merge, railroads with up to $250 home State of Michigan, Conrail an- protection, without having to pay any million of annual revenue. In return, nounced that it is looking to sell ap- labor protection. the employees would have no protec- proximately 2,500 miles of light rail. I Now it has gone back to the Kansas tion of any kind. want to see these lines in use—not City Southern, and union members are No Federal agency has this extraor- abandoned. So I ask my colleagues to running trains over those tracks every dinary power. The amendment would vote against the Whitfield amendment day. counterbalance the power of the Fed- and support H.R. 2539 in its original Mr. SHUSTER. Mr. Chairman, will eral agency to break collective bar- form. the gentleman yield? gaining agreements with the require- Mr. KENNEDY of Massachusetts. Mr. Mr. BACHUS. I yield to the gen- ment that employees be treated fairly Chairman, I move to strike the req- tleman from Pennsylvania. with up to one year severance pay. uisite number of words. Mr. SHUSTER. Apropos to that It is simply unfair to allow a Federal Mr. Chairman, several years ago the point, Mr. Chairman, when these trans- agency the authority to break private gentleman from Ohio, JOHN KASICH, actions have occurred, the average pay collective bargaining agreements with- and I got together to try to determine after the small railroad survives and out any protections for the workers, how we might deal with some of the takes it over is 75 percent of the class the people who have kept it going. The budgetary problems that this country 1, which is, therefore, average pay, Whitfield amendment prohibits the faces, and we thought that maybe be- $34,500 a year. Not bad. Further, the av- new ICC from using its power over cause the two of us strongly advocated erage percentage of former employees small railroad mergers to shift work and supported the balanced budget picked up by the new operator is 85 per- from a union to a nonunion railroad. amendment that we had some respon- cent. The Whitfield amendment is a sensible sibility of actually trying to find ways So do we want to save 85 percent of of actually cutting back and making compromise. It is about protecting peo- the jobs? Do you want to have a $35,000- significant changes in our Federal a-year job? Defeat the Whitfield ple, people, working people. Mr. Chairman, I would ask all of us spending. amendment. At that time I asked the gentleman to support the workers. Mr. BACHUS. Mr. Chairman, re- to come to a meeting and he came with claiming my time, there are eight b 1745 a list of the cuts that he was in favor States which have added class 1 rail- Mr. KNOLLENBERG. Mr. Chairman, of and I came with a list of cuts that I road track this year, which was class 2. I move to strike the requisite number was in favor of. I found that everything Class 2 has bought it as opposed to of words. I wanted to cut, he wanted to spend abandoning it. These include Alabama, Mr. Chairman, I rise in opposition to more on; and everything he wanted to Florida, and Kentucky. cut, I wanted to spend more on, except- Mr. WHITFIELD’s amendment to H.R. Mr. Chairman, I would like more ing one thing. And the one thing we time to pursue this, to show some 2539, the ICC Termination Act of 1995. Every so often people inform me of a both could agree on was the ICC. other reasons why I think this is going Mr. Chairman, here is an agency law which shocks one’s conscience and to boomerang on the unions. The whose mission has to do with regulat- you say to yourself, that cannot be unions, the last railroads that they ing the trucking industry, regulating true. Well, today there is a law on the have organized, have been class 2 rail- the bussing industry, regulating the books called labor protection which re- roads. railroad industry, and all three of quires employers to pay up to 6 years Ms. EDDIE BERNICE JOHNSON of which this Congress has chosen to de- of income and benefits to employees Texas. Mr. Chairman, I move to strike regulate. So we have a regulatory who are adversely affected by a rail- the requisite number of words. agency that is set up gaining millions Mr. Chairman, I rise in support of the road transaction. When I heard this, I and millions of dollars worth of Fed- Whitfield amendment. I have heard was amazed. So I had to repeat it to eral support regulating industries that much of the debate and I know that myself, Federal law mandates employ- no longer need regulation. It seemed change is on the horizon, and I am not ers to pay up to 6 years of wages and patently ridiculous. And the two of us opposed to change. But I think that as benefits to an adversely affected em- got together and put in some legisla- we make the change, we ought to con- ployer no matter what their status is. tion to call for the ending of the ICC. sider that we are manipulating the In the 1980’s the ICC understood that I am proud to see finally this legisla- lives of people. This is all about people this archaic mandate was the thorn in tion is now receiving support on both who have worked. This is all about pro- the side of small railroad owners who sides of the aisle. I think this is a very tecting those persons who have not sat wanted to buy light density lines—they positive development. The reason why I around and waited for us to give them could just not afford paying these am here to speak on behalf of this something, but people who have been wages on top of buying the lines. Whitfield amendment is because, once on jobs, people who are losing their Fortunately, under a policy know as again, we see the Republicans go a proetction within the jobs. We under- 10901 exemption, there was a realiza- bridge too far. In what could be, in stand change. tion that it was better to preserve the fact, good bipartisan spirit and support The Whitfield amendment eliminates service of railroads and save jobs than for ending a Federal agency that no labor protection for all class 3 railroad facing line abandonment. In many longer serves a useful purpose, they, in- labor transactions, whether it is pur- ways, and I know the gentleman from stead, come up with a mean-spirited chasing another short line, or merging Pennsylvania [Mr. SHUSTER] alluded to way of hurting working people. several class 3 railroads. this, it saved 30,000 miles of track and Mr. Chairman, people that cite 6-year The new ICC may not provide for created 10,000 jobs. In effect, it spawned provisions, in terms of the kind of pro- labor protection. The amendment a great deal of new business, small tections, ought to first and foremost eliminates 6 years of labor protection business, and jobs were retained at recognize that the workers’ unions when class 2 railroad purchases a short high levels. This has also been con- that agree to having their future bound line or merges with a small railroad. firmed by the chairman. up by a government regulatory agency Employees who lose their jobs get a 1 However, in 1995 the ICC twice has do so by giving up their right to strike, year severance, if they have the senior- imposed labor protection. This is a the most fundamental right of any ity to earn it. complete reversal of previous ICC’s po- union in this country. Second, the bill The amendment does not affect H.R. sition. itself calls for the elimination of all 2539 with respect to large class 1 rail- Mr. Chairman, it is not the place of the protections for our unions that roads. Government to mandate labor protec- work in the railroad industry. Unfortunately, H.R. 2539 is about tion. Let us leave that to the unions Mr. Chairman, what the Whitfield much more than the sale of short lines and management. Unfortunately, the amendment does is simply provide H 12304 CONGRESSIONAL RECORD — HOUSE November 14, 1995 some base level protections for the enthusiasm. It encourages the initia- get a 60-day notice. The Whitfield working people. Now, what will happen tive of individuals to have a sense of amendment says we will give a 1-year once we see all the mergers and acqui- curiosity, to go out and create jobs. It severance pay. That seems like some sitions we have seen recently in the encourages a free market economy and basic fairness. We have already gone railroad industry? What will happen is encourages cooperation. It encourages though so many workers in this indus- a lot of shareholders and stockholders cooperation between the workers and try. And some of the deregulation, I and owners of these unions and the management. might say, has produced some can- management of these unions are going In this particular bill, we are creat- nibalism in America that has produced to stand to make millions and millions ing an environment that will create an awful lot of bankruptcy, that has of dollars and, at the same time, they jobs. We are creating an environment produced an awful lot of individual will do so, in many cases, by laying off that will preserve jobs. We are encour- debt, that has produced an awful lot of the working people that work for those aging collective bargaining. national debt. unions. We are not doing away with collec- Mr. Chairman, I would hope Members This bill—and the Whitfield amend- tive bargaining. We want laborers’ would look at the Whitfield amend- ment, if it passes—contains some rea- rights to continue in collective bar- ment. There has been a lot of philoso- sonable protections for the working gaining. I have heard through phone phy and ideology discussed. Look at it people, while recognizing that, in fact, calls into my office that we are elimi- as a basic fairness issue. I believe the we do have to make some changes in nating retirement for Class I railroads. Whitfield amendment makes sense. We are not, but I have heard that kind our railroad industry. But let us not be Mr. Chairman, I rise in strong support of the mean-spirited about it. Let us not take of discussion. Mr. Chairman, in my geographic area amendment offered by the gentleman from what is good bipartisan legislation in Kentucky [Mr. WHITFIELD]. the elimination of the ICC and try of the mid-Atlantic States in Mary- land, our area is conductive for small I want to first commend Chairman SHUSTER, somehow to find a needle to stick into the ranking member, Mr. OBERSTAR, the gen- working people whose blood and sweat rail lines. Many industries moved to the State of Maryland, especially to tlewoman from New York, Ms. MOLINARI, and and tears built up the railroads of this the eastern shore, because there are my two colleagues BILL LIPINSKI and BOB country and whose railroads built up small railroads there that can take WISE. They have all worked hard to craft a bill America. their produce to the Port of Baltimore that is fair, that reduces unnecessary regula- Let us, in fact, Mr. Chairman, come tion, and one that ensures an orderly transfer up with a way to compromise this and or bring it from the Port of Baltimore to other areas of Maryland. of responsibility to a special DOT panel. They to make this legislation that can work, In my area of Maryland, small rail have put together a solid bill. But the bill does that can make this legislation be lines bring grain products to another have one shortcoming. In its current form the signed by the President of the United area of our agricultural region to farm- bill is highly unfair to railroad employees who States, make this legislation have the ers that grow livestock. So small rail lose their jobs in mergers. The bill eliminates kind of broad-spirited support that lead lines are the life’s blood of our particu- provisions in existing law providing severance the gentleman from Ohio, JOHN KASICH, lar region. pay for employees of class 2 and 3 railroads. and I toward offering legislation that This is or should be a bipartisan ef- What is worse, the bill gives the ICC's suc- ended the ICC as we know it today to fort, and we should have support from cessor the right to terminate severance pay begin with. That is where we should go. both sides of the aisle. There are envi- agreements reached through the collective That is what the challenge is. It is ronmental regulations that are still in- bargaining processÐagreements made in not to find some way of taking broad- tact. There are safety regulations that good faith between a rail company and its em- based support for legislation and using are still intact. People can continue to ployees. it as a way to once again tweak the bargain in a cooperative, collective The Whitfield amendment restores fairness unions, tweak the working people, and fashion. to rail employees and protects the integrity of line the pockets of the wealthiest and Mr. Chairman, how do we ensure pro- the collective bargaining process. Significantly, most powerful people in this country. tection for workers? We ensure that the Whitfield amendment would eliminate Mr. Chairman, let us support the there are jobs for those workers. mandatory severance pay for small trans- Whitfield amendment. Let us support I again rise reluctantly to oppose the actions in instances where mandatory sever- ending the ICC as we know it today, gentleman’s amendment, and I encour- ance pay would discourage a purchaser from and let us have one bill pass this House age my colleagues to vote down this acquiring a struggling small rail carrier. this week that the President of the amendment and vote for the bill. The Whitfield amendment is a sensible and United States can sign. Mr. TRAFICANT. Mr. Chairman, I fair compromise, it encourages short-line rail Mr. GILCHREST. Mr. Chairman, I move to strike the requisite number of service while protecting collective bargaining move to strike the requisite number of words. words. I support the Whitfield amendment; rights of employees. The amendment elimi- Mr. Chairman, I rise in reluctant op- and I will, with the Whitfield amend- nates federally-mandated labor protection for position to the good-faith effort by the ment, support the bill. all transactions involving smallÐclass 3Ðrail- gentleman from Kentucky [Mr. I think we are getting to a point roads. WHITFIELD], who is offering his amend- down here, though, where we are look- For mid-size, or class 2, railroad trans- ment; but I think what we see here is ing for some trophies. I look at the actions, labor protection is reduced from the a very fundamental difference in phi- railroads, for example. There are not current mandatory 6-year severance payment losophy. too many trains crossing under the to a more reasonable 1-year severance pay- What is the government’s role in the Central Street Bridge. I look at the ment. private sector and in the economy? In jobs situation in the country, and even Class 2 railroads have annual revenues of our judgment, I guess we could say the Fruit of the Loom just left: 3,200 jobs up to $250 million annually, and transactions government’s role is to create an envi- went to Mexico. We will not even be involving such rail lines can impact a signifi- ronment that is conductive for eco- making underwear around here. cant number of rail workers. It is only fair and nomic productivity in the private sec- Mr. Chairman, when we look at basic just that long-time employees of class 2 rail- tor. It is not to unduly or unfairly workers’ rights, I look at some of these roads receive a modest severance package. interfere in that particular area but to issues. We even talk about workers’ Under H.R. 2539, labor protection for class create an environment where jobs can right to strike, and we are afraid to 2 employees is doubly important because the prosper. death about workers that go on strike bill gives the Federal Government the author- Mr. Chairman, this is not a race to in America. The truth of the matter is ity to break a collective bargaining agreement the bottom of the ladder. If we look at that when we take away the right to and eliminate any labor protections it might a free market economy we need to do strike, we take away the rights of have contained. whatever we can to make a free market workers. There is a fine line in between I think all of us agree that completing the thrive. here, folks. deregulation process in the transportation in- What does a thriving free market do? Under the ICC, we have a 6-year sev- dustry is long overdue. On balance, this is a It encourages hard work. It encourages erance remuneration. In this bill, we good bill. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12305 But the bill unnecessarily and unfairly de- only fair to employees in that class bill. We ought not to hang labor on this stroys the collective bargaining rights of rail that they should have at least a year. cross. employees. They give up 5 years of potential labor Mr. DELAY. Mr. Chairman, I move to The Whitfield amendment restores some protection to get a maximum of 1 year. strike the requisite number of words. Mr. Chairman, I want to remind my balance and fairness to the bill. I urge all my Mr. Chairman, I rise in opposition to colleagues that this is not a gift. They colleagues to support the amendment. the Whitfield amendment for many Mr. OBERSTAR. Mr. Chairman, I do not get a full year’s pay and sit on reasons. I just ask the Members to lis- move to strike the requisite number of their can and do nothing. If they take ten, because labor issues sometimes words. another job, they get the wages from can be very, very complicated and in Mr. Chairman, I think that this will that job deducted from their pay from some other cases can be misrepre- conclude debate, certainly for our side, the railroad. They are on call. They sented. But, they all have effects on and I understand in consultation with can be called back to work at any time. the ability for railroads to run effec- the chairman it will conclude the other This is not a big deal, giveaway, labor tively and efficiently and provide jobs side as well. protective provision. for railroad workers. Mr. SHUSTER. Mr. Chairman, will The bill would allow the ICC succes- the gentleman yield? sor agency to abrogate labor protection That is what we are talking about Mr. OBERSTAR. I yield to the gen- in collective bargaining agreements. here, to provide more jobs for more tleman from Pennsylvania. No other agency of Government has workers. If we put these kinds of labor Mr. SHUSTER. Mr. Chairman, the that power. None other. protection measures on this bill, we are distinguished whip has appeared on the Mr. Chairman, to those who object to going to cost people their jobs, because floor, and I understand he will seek any kind of labor protective provisions there will be some railroad lines aban- recognition. But, as far as I know, that for the railroad workers, I say fine. doned because they cannot afford these will be our final speaker. Then let us throw the whole thing out kinds of labor protections. Mr. OBERSTAR. Mr. Chairman, the and treat rail labor as we do industrial Our Members particularly need to debate has been a constructive one; a unions, as we do the industrial work- understand that this is not an easy positive one. There are some sort of place. Let them collectively bargain. labor vote; that they can just throw misunderstandings, misstatements, Let them strike. Let them shut down labor. This is a very interesting appli- perhaps. There was an allusion some the rails of this country if they want cation to an age-old problem that we, time ago, and I do not recall who it was to, if they have to, if they are pushed as part of the new revolution, are try- that said that, that there had been to the wall and they have to. ing to throw off so that we can have an 10,000 new jobs created over the last 10 But because the railroads have been economy that runs efficiently and pro- years in the short lines, but that state- so vital to America’s economy, they vides the most number of jobs and not ment conveniently left out the reality have been treated differently than the just single out one group of people and that 265,000 jobs have been terminated building trades, than the industrial protect one group of people. since the Staggers Act, and most of unions who represent workers in the Mr. Chairman, these kinds of labor them did not get labor protection. industrial marketplace of this coun- protections are more. Members talk We are just talking about a matter of try—the International Association of about fairness to the workers. This is fairness and decency as we move this Machinists, the UAW, the rubber- more fairness than any other union last step in the economic deregulation workers, and the steelworkers. workers in any other kind of union get of the rail industry. The CHAIRMAN. The time of the to enjoy. When we are talking about 6 gentleman from Minnesota [Mr. OBER- b 1800 years of full wages and benefits that STAR] has expired. have been removed by bringing this bill The Whitfield amendment before us (By unanimous consent, Mr. OBER- to the floor, and now the gentleman today is a compromise. It is not the STAR was allowed to proceed for 2 addi- from Kentucky [Mr. WHITFIELD] is try- compromise I would have liked. It is tional minutes.) ing to offer an amendment to this bill not the protection for labor that I Mr. OBERSTAR. Mr. Chairman, we that preserves that mandate in whole would have liked, but I am willing to are talking about a very controlled or in part, depending on the size of the accept it. It is a modicum, the very workplace: Railroads. Rail labor. transaction, we are talking about re- basic and the least we could do, of fair They give up the freedom that others storing a labor protection that goes treatment of employees with legiti- have in order that an agency of the way beyond even the most wide defini- mate concerns of their own against the Federal Government mediate between tion of common sense; way beyond legitimate financial concerns of the their employer and themselves. what is normal in labor protection for medium- and smaller-sized carriers. Mr. Chairman, I grew up believing other unions and other kinds of con- Mr. Chairman, rail labor has given up that a union contract was a bond with tracts. a great deal in this legislative package your employer. That is what I learned that we have. If we are to stay with from my father. That is what I learned Let me just address one of perhaps current law, there is labor protection at our dinner table at home in Chis- the most egregious misrepresentations for all railroad mergers, for all line holm, MN, in the heart of the iron ore being made by some of the proponents sales to carriers. The Whitfield amend- mining country. of the Whitfield amendment. That is ment continues labor protection only Railroading is different. It is a whole that the bill somehow abrogates collec- for the largest-sized railroads, class 1 different set of public policy interests tive bargaining agreements. In fact, railroads, that have annual revenues of that come before a labor and manage- the bill retains exactly the same stand- $250 million and more. For all the oth- ment contract; that come before the ard that has been the merger statute ers, the amendment we are considering interests of the railroad company. for decades: That agency approval of a now would eliminate or would signifi- In deregulation, we have passed away merger displaces any other laws to the cantly modify labor protection. Under a lot of those protections. One small extent necessary to implement the this amendment, no labor protection modicum of protection ought to re- merger. would be provided for the smallest or main. If in the next round of mergers Mr. Chairman, this does not abrogate the class 3 railroads. and acquisitions and downsizing of this contracts, but the Whitfield amend- The Whitfield amendment affects the industry workers lose their jobs in ment does alter this law. It gives labor medium-sized railroads, those with rev- those smaller railroads, they ought to the power to halt the implementation enues up to $250 million a year—and have the decency of protection, having of approved mergers involving the some of those are very big carriers, as given their lifetime of work, that they smaller railroads. This amendment for- my colleague the gentleman from Illi- are treated fairly and decently with bids, forbids work reassignments and nois has rightly pointed out. One of labor protective provisions. shift of work from a union workforce. them has a stock value of over $800 Mr. Chairman, that is what this This directly contravenes existing law. million. That is not small. That is no amendment will do. If we cannot do So, the Whitfield amendment goes way small potatoes where I come from. It is that, then we ought not to pass this beyond what existing law is. H 12306 CONGRESSIONAL RECORD — HOUSE November 14, 1995 Mr. Chairman, I just think if we are riers and compromise rail workers have Velazquez Watt (NC) Wise Vento Waxman Woolsey going to develop an economy that is ef- agreed to accept. I urge adoption of the Visclosky Weldon (PA) Wyden ficient and moves efficiently and cre- Whitfield amendment. Walsh Weller Wynn ates jobs, we cannot afford to pass the The CHAIRMAN. The question is on Wamp Whitfield Young (AK) Whitfield amendment. This bill elimi- the amendment offered by the gen- Ward Williams Waters Wilson nates one of the oldest and most costly tleman from Kentucky [Mr. mandates in the books today. And be- WHITFIELD]. NOES—184 cause these railroads cannot afford to The question was taken; and the Allard Frelinghuysen Morella operate under this provision, they sim- Chairman announced that the ayes ap- Archer Funderburk Myers Armey Gallegly Myrick ply will go out of business, and both peared to have it. Bachus Ganske Nethercutt consumers who need rail service and RECORDED VOTE Baker (CA) Gekas Norwood labor will lose. Mr. SHUSTER. Mr. Chairman, I de- Baker (LA) Gilchrest Nussle Since the Reagan-Bush exemption Ballenger Goodlatte Oxley mand a recorded vote. Barr Goodling Packard policy was put into place, over 330 new A recorded vote was ordered. Barrett (NE) Goss Parker railroads have purchased 30,000 miles of The vote was taken by electronic de- Bartlett Graham Paxon line that was headed for abandonment. Barton Greenwood Petri vice, and there were—ayes 241, noes 184, Those lines today employ 10,000 people Bass Gunderson Pombo not voting 7, as follows: Bateman Gutknecht Porter that were headed for unemployment. [Roll No. 792] Bereuter Hancock Portman This amendment would result in the Bilbray Hansen Pryce abandonment of most light-density AYES—241 Bliley Hastert Radanovich Boehlert Hastings (WA) Ramstad Abercrombie Frisa Mfume railroad lines in rural America and ev- Boehner Hayworth Riggs Ackerman Frost Miller (CA) erybody loses. Bonilla Hefley Roberts Andrews Furse Minge Bono Heineman Rohrabacher Mr. Chairman, this is a very, very Baesler Gejdenson Moakley Bryant (TN) Herger Roth important amendment that affects this Baldacci Gephardt Mollohan Bunning Hilleary Roukema Barcia Geren Moran bill, and I hope my colleagues, particu- Burton Hobson Royce Barrett (WI) Gibbons Murtha Buyer Hoekstra Salmon larly on this side of the aisle, will Becerra Gillmor Nadler Calvert Hostettler Sanford think very seriously before they would Beilenson Gilman Neal Camp Hunter Saxton Bentsen Gonzalez Neumann vote for this amendment. I urge that Canady Hutchinson Scarborough Berman Gordon Ney they vote against the Whitfield amend- Castle Hyde Schaefer Bevill Green Oberstar Chabot Inglis Seastrand ment and vote for the bill. Bilirakis Gutierrez Obey Chambliss Istook Sensenbrenner Mr. SPRATT. Mr. Chairman, I move Bishop Hall (OH) Olver Chenoweth Johnson, Sam Shadegg Blute Hall (TX) Ortiz to strike the requisite number of Christensen Jones Shaw Bonior Hamilton Orton Chrysler Kasich Shays words. Borski Harman Owens Clinger Kim Shuster (Mr. SPRATT asked and was given Boucher Hastings (FL) Pallone Coble Kingston Skeen permission to revise and extend his re- Brewster Hayes Pastor Coburn Klug Smith (MI) Browder Hefner Payne (NJ) marks.) Collins (GA) Knollenberg Smith (TX) Brown (CA) Hilliard Payne (VA) Combest Kolbe Souder Mr. SPRATT. Mr. Chairman, I sup- Brown (FL) Hinchey Pelosi Cooley LaHood Spence port the Whitfield amendment, and Brown (OH) Hoke Peterson (FL) Cox Largent Stearns Brownback Holden Peterson (MN) urge others to do the same. Crane Latham Stump Bryant (TX) Horn Pickett Mr. Chairman, I support the Whitfield Crapo Laughlin Talent Bunn Houghton Pomeroy Cubin Lewis (CA) Tate amendment, which protects railroad workers Burr Hoyer Poshard Cunningham Lewis (KY) Tauzin when their railroads merge or sell. Cardin Jackson-Lee Quillen Davis Lightfoot Taylor (MS) Chapman Jacobs Quinn For years, the Interstate Commerce Com- Deal Linder Thomas Clay Jefferson Rahall mission [ICC] has reviewed and approved DeLay Livingston Thornberry Clayton Johnson (CT) Rangel Dickey LoBiondo Tiahrt mergers and acquisitions. As part of its role, Clement Johnson (SD) Reed Doolittle Longley Upton the ICC has had extraordinary authority: it has Clyburn Johnson, E. B. Regula Dornan Lucas Vucanovich Coleman Johnston Richardson been able to change collective bargaining Dreier Manzullo Waldholtz Collins (IL) Kanjorski Rivers Dunn McCollum Walker agreements to help transactions happen when Collins (MI) Kaptur Roemer Ehlers McCrery Watts (OK) it finds them in the public interest. Condit Kelly Rogers Ehrlich McInnis Weldon (FL) Conyers Kennedy (MA) Ros-Lehtinen In connection with this power, Congress Emerson McIntosh White Costello Kennedy (RI) Rose gave the ICC discretion to require 6-year sev- Ensign McKeon Wicker Coyne Kennelly Roybal-Allard Ewing Meyers Wolf erance payments to rail workers displaced by Cramer Kildee Rush Fawell Mica Young (FL) mergers or acquisitions. This is a power rarely Cremeans King Sabo Foley Miller (FL) Zeliff Danner Kleczka Sanders used, but it has had an indirect effect: It has Fowler Molinari Zimmer de la Garza Klink Sawyer Fox Montgomery been a disincentive to radical changes and an DeFazio LaFalce Schiff Franks (CT) Moorhead incentive to railroad lines, especially in rural DeLauro Lantos Schroeder areas. Dellums LaTourette Schumer NOT VOTING—7 The bill before the committee would transfer Deutsch Lazio Scott Diaz-Balart Leach Serrano Callahan Mink Yates the ICC's power to amend collective bargain- Dicks Levin Sisisky Fields (LA) Tucker ing agreements to the newly created Trans- Dingell Lewis (GA) Skaggs Flake Volkmer portation Adjudication Panel, but it would not Dixon Lincoln Skelton Doggett Lipinski Slaughter b 1830 transfer the associated authority to grant labor Dooley Lofgren Smith (NJ) protection to workers on Class 2 and Class 3 Doyle Lowey Smith (WA) Mr. BEREUTER and Mr. SMITH of railroads. Duncan Luther Solomon Michigan changed their vote from The supporters of this bill argue that this Durbin Maloney Spratt ‘‘aye’’ to ‘‘no.’’ Edwards Manton Stark change is necessary to allow medium and Engel Markey Stenholm Messrs. HAYES, WAMP, CONYERS, small railroads to survive in a competitive en- English Martinez Stockman and STENHOLM changed their vote vironment; and insofar as the smaller, class 3 Eshoo Martini Stokes from ‘‘no’’ to ‘‘aye.’’ Evans Mascara Studds railroads are concerned, the Whitfield amend- Everett Matsui Stupak So the amendment was agreed to. ment agrees. But for the larger, class 2 rail- Farr McCarthy Tanner The result of the vote was announced roads, the Whitfield amendment would grant Fattah McDade Taylor (NC) as above recorded. the adjudication panel the discretion to grant 1 Fazio McDermott Tejeda Fields (TX) McHale Thompson The CHAIRMAN. Are there further year's severance pay to workers displaced by Filner McHugh Thornton amendments to title I? rail mergers or line acquisitions, in lieu of 6 Flanagan McKinney Thurman years, which the law now provides. Foglietta McNulty Torkildsen AMENDMENT OFFERED BY MR. DAVIS Trading from 6 years down to 1 year's sev- Forbes Meehan Torres Mr. DAVIS. Mr. Chairman, I offer an Ford Meek Torricelli erance pay strikes me as more than fair for Frank (MA) Menendez Towns amendment. class 2 carriers. This is a good deal for car- Franks (NJ) Metcalf Traficant The Clerk read as follows: November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12307 Amendment offered by Mr. DAVIS: Page ited to apply only to Federal workers who are Debbie Gebhard of the majority staff and 256, after line 17, insert the following new on the verge of becoming eligible for an annu- Trinita Brown and Rosalyn Millman of the mi- section: ity, but who are losing their jobs as a result of nority staff. SEC. 105. CREDITABILITY OF ANNUAL LEAVE FOR this bill before qualifying for a pension. Special thanks go to Henri Rush, general PURPOSES OF MEETING MINIMUM ELIGIBILITY REQUIREMENTS FOR Mr. Chairman, several constituents have de- counsel of the ICC, and Ellen Hanson of the AN IMMEDIATE ANNUITY. scribed a predicament that no Member of this ICC for the many hours they devoted to this (a) IN GENERAL.—An employee of the Inter- body would want to allow to go unresolved. bill, and to Tim Brown and David Mendelsohn state Commerce Commission who is sepa- Imagine working for 24 years and 11 months of the Legislative Counsel's Office for their as- rated from Government service pursuant to only to be told that you are terminated for no sistance in drafting the bill. the abolition of that agency under section fault of your own and that you may not use Mr. OBERSTAR. Mr. Chairman, will 101 shall, upon appropriate written applica- the 5 weeks of annual leave that you have ac- the gentleman yield? tion, be given credit, for purposes of deter- mining eligibility for and computing the cumulated in order to reach the 25 year eligi- Mr. SHUSTER. I yield to the gen- amount of any annuity under subchapter III bility threshold for an annuity free of the pen- tleman from Minnesota. of chapter 83 or chapter 84 of title 5, United alties that we have in place to discourage Mr. OBERSTAR. Mr. Chairman, I States Code, for accrued annual leave stand- early retirement. join my colleague, chairman of our ing to such employee’s credit at the time of This amendment will only apply to the hand- committee, in urging all Members on separation. ful of employees who are: First, not being of- both sides of the aisle to support this (b) LIMITATION AND OTHER CONDITIONS.— fered employment elsewhere in the Federal bipartisan legislation. Any regulations necessary to carry out this Government; second, who are within several Mr. SHUSTER. Mr. Chairman, I yield section shall be prescribed by the Office of days or weeks of becoming eligible for an im- Personnel Management. Such regulations back the balance of my time. shall include provisions— mediate annuity; and third, who have accrued The CHAIRMAN. Are there further (1) defining the types of leave for which enough annual leave, in accordance with OPM amendments to title I? credit may be given under this section (such regulations, to reach the date on which an im- If not, the Clerk will designate title definition to be similar to the corresponding mediate annuity would be owed. Mr. Chair- II. provisions of the regulations under section man, approximately 400 Federal workers are The text of title II is as follows: 351.608(c)(2) of title 5 of the Code of Federal employed at the ICC. Approximately 180 work- TITLE II—TRANSPORTATION Regulations, as in effect on the date of the ers will remain in the Federal work force carry- ADJUDICATION PANEL enactment of this Act); (2) limiting the amount of accrued annual ing out the functions that will continue under SEC. 201. TITLE 49 AMENDMENT. leave which may be used for the purposes this bill. Of the 220 workers who may be los- (a) AMENDMENT.—Subtitle I of title 49, United specified in subsection (a) to the minimum ing their jobs, a few are on the verge of quali- States Code, is amended by adding at the end period of time necessary in order to permit fying for an immediate retirement annuity. the following new chapter: such employee to attain first eligibility for Most of these workers are enrolled in the Civil ‘‘CHAPTER 7—TRANSPORTATION an immediate annuity under section 8336, Service Retirement System [CSRS] which ADJUDICATION PANEL 8412, or 8414 of title 5, United States Code (in means that they do not receive Social Security ‘‘SUBCHAPTER I—ESTABLISHMENT a manner similar to the corresponding provi- benefits for the years of service they have per- ‘‘Sec. sions of the regulations referred to in para- ‘‘701. Establishment of Panel. graph (1)); formed. ‘‘702. Functions. (3) under which contributions (or arrange- The Davis amendment simply says to those ‘‘703. Administrative provisions. ments for the making of contributions) shall veteran ICC workers who have reached the ‘‘704. Annual report. be made so that— proverbial 26 mile marker in the Federal ca- ‘‘705. Authorization of appropriations. (A) employee contributions for any period reer marathon, that we will allow them to com- ‘‘706. Reporting official action. of leave for which retirement credit may be plete the last two-tenths of a mile in order to ‘‘SUBCHAPTER II—ADMINISTRATIVE obtained under this section shall be made by end their Federal career with dignity and ade- the employee; and quate financial security. I urge my colleagues ‘‘721. Powers. ‘‘722. Panel action. (B) Government contributions with respect to unanimously support this good-government to such period shall similarly be made by the ‘‘723. Service of notice in Panel proceedings. Interstate Commerce Commission or other amendment. ‘‘724. Service of process in court proceedings. appropriate officer or entity (out of appro- Mr. SHUSTER. Mr. Chairman, will ‘‘725. Administrative support. priations otherwise available for such con- the gentleman yield? ‘‘726. Definitions. tributions); and Mr. DAVIS. I yield to the gentleman ‘‘SUBCHAPTER I—ESTABLISHMENT from Pennsylvania. (4) under which subsection (a) shall not ‘‘§ 701. Establishment of Panel apply with respect to an employee who de- Mr. SHUSTER. Mr. Chairman, I have clines a reasonable offer of employment in examined the gentleman’s amendment, ‘‘(a) ESTABLISHMENT.—There is hereby estab- another position in the Department of lished within the Department of Transportation and we accept it on this side. the Transportation Adjudication Panel. Transportation made under this Act or any Mr. OBERSTAR. Mr. Chairman, will amendment made by this Act. ‘‘(b) MEMBERSHIP.—(1) The Panel shall con- the gentleman yield? sist of 3 members, to be appointed by the Presi- (c) EXTINGUISHMENT OF ELIGIBILITY FOR Mr. DAVIS. I yield to the gentleman dent, by and with the advice and consent of the LUMP-SUM PAYMENT.—A lump-sum payment from Minnesota. Senate. Not more than 2 members may be ap- under section 5551 of title 5, United States Mr. OBERSTAR. Mr. Chairman, we Code, shall not be payable with respect to pointed from the same political party. any leave for which retirement credit is ob- are prepared to accept the gentleman’s ‘‘(2) At any given time, at least 2 members of tained under this section. amendment on this side, too. the Panel shall be individuals with professional Mr. DAVIS. Mr. Chairman, I yield standing and demonstrated knowledge in the Mr. DAVIS (during the reading). Mr. back the balance of my time. fields of transportation or transportation regu- Chairman, I ask unanimous consent The CHAIRMAN. The question is on lation, and at least one member shall be an indi- that the amendment be considered as the amendment offered by the gen- vidual with professional or business experience read and printed in the RECORD. in the private sector. tleman from Virginia [Mr. DAVIS]. The CHAIRMAN. Is there objection ‘‘(3) The term of each member of the Panel The amendment was agreed to. shall be 5 years and shall begin when the term to the request of the gentleman from Mr. SHUSTER. Mr. Chairman, I move Virginia? of the predecessor of that member ends. An indi- to strike the last word to urge all of vidual appointed to fill a vacancy occurring be- There was no objection. my colleagues to vote in favor of final fore the expiration of the term for which the (Mr. DAVIS asked and was given per- passage because it is absolutely imper- predecessor of that individual was appointed, mission to revise and extend his re- ative that this legislation be passed. shall be appointed for the remainder of that marks.) We would not have this bill before the term. When the term of office of a member ends, Mr. DAVIS. Mr. Chairman, I rise in support House today without an extraordinary effort the member may continue to serve until a suc- of my short and noncontroversial amendment. over several months by a number of staff cessor is appointed and qualified, but for a pe- riod not to exceed one year. The President may This amendment simply makes a technical ad- members. dition to the bill to allow a handful of ICC em- remove a member for inefficiency, neglect of Eliminating an agency and revising the en- duty, or malfeasance in office. ployees who are being separated from Federal tire Interstate Commece Act turned out to be ‘‘(4) On the effective date of this section, the service as a result of this bill to apply their un- a very complicated proposition. members of the Interstate Commerce Commission used annual leave for purposes of qualifying In particular, I would like to thank Glenn then serving unexpired terms shall become mem- for a Federal annuity. This amendment is lim- Scammel, Roger Nober, Alice Davis, and bers of the Panel, to serve for a period of time H 12308 CONGRESSIONAL RECORD — HOUSE November 14, 1995

equal to the remainder of the term for which ‘‘(e) ADMISSION TO PRACTICE.—Subject to sec- brokers for, transportation and services subject they were originally appointed to the Interstate tion 500 of title 5, the Panel may regulate the to subtitle IV; Commerce Commission. admission of individuals to practice before it ‘‘(2) inquire into and report on the manage- ‘‘(5) No individual may serve as a member of and may impose a reasonable admission fee. ment of the business of a person controlling, the Panel for more than 2 terms. In the case of ‘‘(f) BUDGET REQUESTS.—In each annual re- controlled by, or under common control with an individual who becomes a member of the quest for appropriations by the President, the those carriers or brokers to the extent that the Panel pursuant to paragraph (4), or an individ- Secretary of Transportation shall identify the business of that person is related to the manage- ual appointed to fill a vacancy occurring before portion thereof intended for the support of the ment of the business of that carrier or broker; the expiration of the term for which the prede- Panel and include a statement by the Panel— ‘‘(3) obtain from those carriers, brokers, and cessor of that individual was appointed, such ‘‘(1) showing the amount requested by the persons information the Panel decides is nec- individual may not be appointed for more than Panel in its budgetary presentation to the Sec- essary to carry out subtitle IV; and one additional term. retary and the Office of Management and Budg- ‘‘(4) when necessary to prevent irreparable ‘‘(6) A member of the Panel may not have a et; and harm, issue an appropriate order without regard pecuniary interest in, hold an official relation ‘‘(2) an assessment of the budgetary needs of to subchapter II of chapter 5 of title 5. to, or own stock in or bonds of, a carrier provid- the Panel. ‘‘(c)(1) The Panel may subpoena witnesses ing transportation by any mode and may not ‘‘(g) DIRECT TRANSMITTAL TO CONGRESS.—The and records related to a proceeding of the Panel engage in another business, vocation, or em- Panel shall transmit to Congress copies of budg- from any place in the United States, to the des- ployment. et estimates, requests, and information (includ- ignated place of the proceeding. If a witness dis- ‘‘(7) A vacancy in the membership of the ing personnel needs), legislative recommenda- obeys a subpoena, the Panel, or a party to a Panel does not impair the right of the remaining tions, prepared testimony for congressional proceeding before the Panel, may petition a members to exercise all of the powers of the hearings, and comments on legislation at the court of the United States to enforce that sub- Panel. The Panel may designate a member to act same time they are sent to the Secretary of poena. as Director during any period in which there is Transportation. An officer of an agency may ‘‘(2) The district courts of the United States no Director designated by the President. not impose conditions on or impair communica- have jurisdiction to enforce a subpoena issued ‘‘(c) DIRECTOR.—(1) There shall be at the tions by the Panel with Congress, or a commit- under this section. Trial is in the district in head of the Panel a Director, who shall be des- tee or member of Congress, about the informa- which the proceeding is conducted. The court ignated by the President from among the mem- tion. may punish a refusal to obey a subpoena as a bers of the Panel. The Director shall receive contempt of court. ‘‘§ 704. Annual report compensation at the rate prescribed for level III ‘‘(d)(1) In a proceeding, the Panel may take of the Executive Schedule under section 5314 of ‘‘The Panel shall annually transmit to the the testimony of a witness by deposition and title 5. Congress a report on its activities. may order the witness to produce records. A ‘‘(2) Subject to the general policies, decisions, ‘‘§ 705. Authorization of appropriations party to a proceeding pending before the Panel may take the testimony of a witness by deposi- findings, and determinations of the Panel the ‘‘There are authorized to be appropriated to tion and may require the witness to produce Director shall be responsible for administering the Secretary of Transportation for the activi- records at any time after a proceeding is at issue the Panel. The Director may delegate the pow- ties of the Panel— on petition and answer. ers granted under this paragraph to an officer, ‘‘(1) $8,421,000 for fiscal year 1996; employee, or office of the Panel. The Director ‘‘(2) If a witness fails to be deposed or to ‘‘(2) $12,000,000 for fiscal year 1997; and produce records under paragraph (1) of this sub- shall— ‘‘(3) $12,000,000 for fiscal year 1998. ‘‘(A) appoint and supervise, other than regu- section, the Panel may subpoena the witness to lar and full time employees in the immediate of- ‘‘§ 706. Reporting official action take a deposition, produce the records, or both. fices of another member, the officers and em- ‘‘(a) The Panel shall make a written report of ‘‘(3) A deposition may be taken before a judge ployees of the Panel, including attorneys to pro- each proceeding conducted on complaint or on of a court of the United States, a United States vide legal aid and service to the Panel and its its own initiative and furnish a copy to each magistrate judge, a clerk of a district court, or members, and to represent the Panel in any case party to that proceeding. The report shall in- a chancellor, justice, or judge of a supreme or in court; clude the findings, conclusions, and the order of superior court, mayor or chief magistrate of a ‘‘(B) appoint the heads of offices with the ap- the Panel and, if damages are awarded, the city, judge of a county court, or court of com- proval of the Panel; findings of fact supporting the award. The mon pleas of any State, or a notary public who ‘‘(C) distribute Panel responsibilities among Panel may have its reports published for public is not counsel or attorney of a party or inter- officers and employees and offices of the Panel; use. A published report of the Panel is com- ested in the proceeding. ‘‘(D) prepare requests for appropriations for petent evidence of its contents. ‘‘(4) Before taking a deposition, reasonable the Panel and submit those requests to the ‘‘(b)(1) When action of the Panel in a matter notice must be given in writing by the party or President and Congress with the prior approval related to a rail carrier is taken by the Panel, the attorney of that party proposing to take a of the Panel; and an individual member of the Panel, or another deposition to the opposing party or the attorney ‘‘(E) supervise the expenditure of funds allo- individual or group of individuals designated to of record of that party, whoever is nearest. The cated by the Panel for major programs and pur- take official action for the Panel, the written notice shall state the name of the witness and poses. statement of that action (including a report, the time and place of taking the deposition. order, decision and order, vote, notice, letter, ‘‘(5) The testimony of a person deposed under ‘‘§ 702. Functions this subsection shall be taken under oath. The ‘‘Except as otherwise provided in the ICC Ter- policy statements, or regulation) shall indicate— ‘‘(A) the official designation of the individual person taking the deposition shall prepare, or mination Act of 1995, or the amendments made cause to be prepared, a transcript of the testi- thereby, the Panel shall perform all functions or group taking the action; ‘‘(B) the name of each individual taking, or mony taken. The transcript shall be subscribed that, immediately before the effective date of by the deponent. such Act, were functions of the Interstate Com- participating in taking, the action; and ‘‘(C) the vote or position of each participating ‘‘(6) The testimony of a witness who is in a merce Commission or were performed by any of- foreign country may be taken by deposition be- ficer or employee of the Interstate Commerce individual. ‘‘(2) If an individual member of a group tak- fore an officer or person designated by the Commission in the capacity as such officer or Panel or agreed on by the parties by written employee. ing an official action referred to in paragraph (1) of this subsection does not participate in it, stipulation filed with the Panel. A deposition ‘‘§ 703. Administrative provisions the written statement of the action shall indi- shall be filed with the Panel promptly. ‘‘(e) Each witness summoned before the Panel ‘‘(a) EXECUTIVE REORGANIZATION.—Chapter 9 cate that the member did not participate. An in- or whose deposition is taken under this section of title 5, United States Code, shall apply to the dividual participating in taking an official ac- and the individual taking the deposition are en- Panel in the same manner as it does to an inde- tion is entitled to express the views of that indi- titled to the same fees and mileage paid for pendent regulatory agency. vidual as part of the written statement of the those services in the courts of the United States. ‘‘(b) OPEN MEETINGS.—For purposes of section action. In addition to any publication of the 552b of title 5, United States Code, the Panel written statement, it shall be made available to ‘‘§ 722. Panel action shall be deemed to be an agency. the public under section 552(a) of title 5. ‘‘(a) Unless otherwise provided in subtitle IV, ‘‘(c) INDEPENDENCE.—In the performance of ‘‘SUBCHAPTER II—ADMINISTRATIVE the Panel may determine, within a reasonable their functions, the members, employees, and time, when its actions, other than an action or- other personnel of the Panel shall not be re- ‘‘§ 721. Powers dering the payment of money, take effect. sponsible to or subject to the supervision or di- ‘‘(a) The Panel shall carry out this chapter ‘‘(b) An action of the Panel remains in effect rection of any officer, employee, or agent of any and subtitle IV. Enumeration of a power of the under its own terms or until superseded. The other part of the Department of Transportation. Panel in this chapter or subtitle IV does not ex- Panel may change, suspend, or set aside any ‘‘(d) REPRESENTATION BY ATTORNEYS.—Attor- clude another power the Panel may have in car- such action on notice. Notice may be given in a neys designated by the Director of the Panel rying out this chapter or subtitle IV. The Panel manner determined by the Panel. A court of may appear for, and represent the Panel in, any may prescribe regulations in carrying out this competent jurisdiction may suspend or set aside civil action brought in connection with any chapter and subtitle IV. any such action. function carried out by the Panel pursuant to ‘‘(b) The Panel may— ‘‘(c) The Panel may, at any time on its own this chapter or subtitle IV or as otherwise au- ‘‘(1) inquire into and report on the manage- initiative because of material error, new evi- thorized by law. ment of the business of carriers providing, and dence, or substantially changed circumstances— November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12309 ‘‘(1) reopen a proceeding; or to be made available in connection with a TITLE III—CONFORMING AMENDMENTS ‘‘(2) grant rehearing, reargument, or reconsid- function transferred to the Panel or the Sec- Subtitle A—Amendments to United States eration of an action of the Panel; or retary by this Act shall be available to the Panel Code ‘‘(3) change an action of the Panel. or the Secretary at such time and to such extent SEC. 301. TITLE 5 AMENDMENTS. as the President directs for use in connection An interested party may petition to reopen and (a) COMPENSATION FOR POSITIONS AT LEVEL reconsider an action of the Panel under this with the functions transferred. III.—Section 5314 of title 5, United States Code, subsection under regulations of the Panel. SEC. 204. SAVING PROVISIONS. is amended by striking ‘‘Chairman, Interstate ‘‘(d) Notwithstanding subtitle IV, an action of (a) LEGAL DOCUMENTS.—All orders, deter- Commerce Commission.’’ and inserting in lieu the Panel under this section is final on the date minations, rules, regulations, permits, grants, thereof ‘‘Director, Transportation Adjudication on which it is served, and a civil action to en- loans, contracts, agreements, certificates, li- Panel.’’. force, enjoin, suspend, or set aside the action censes, and privileges— (b) COMPENSATION FOR POSITIONS AT LEVEL may be filed after that date. (1) that have been issued, made, granted, or IV.—Section 5315 of title 5, United States Code, ‘‘§ 723. Service of notice in Panel proceedings allowed to become effective by the President, the is amended by striking ‘‘Members, Interstate ‘‘(a) A carrier providing transportation sub- Interstate Commerce Commission, any officer or Commerce Commission.’’ and inserting in lieu ject to the jurisdiction of the Panel under sub- employee of the Interstate Commerce Commis- thereof ‘‘Members, Transportation Adjudication title IV shall designate an agent in the District sion, or any other Government official, or by a Panel.’’. of Columbia, on whom service of notices in a court of competent jurisdiction, in the perform- SEC. 302. TITLE 11 AMENDMENTS. proceeding before, and of actions of, the Panel ance of any function that is transferred by this Subchapter IV of chapter 11 of title 11, United may be made. Act or the amendments made by this Act; and States Code, is amended— ‘‘(b) A designation under subsection (a) of this (2) that are in effect on the effective date of (1) by amending section 1162 to read as fol- section shall be in writing and filed with the such transfer (or become effective after such lows: Panel. date pursuant to their terms as in effect on such ‘‘§ 1162. Definition ‘‘(c) Except as otherwise provided, notices of effective date), ‘‘In this subchapter, ‘Panel’ means the the Panel shall be served on its designated agent shall continue in effect according to their terms ‘Transportation Adjudication Panel’.’’; and at the office or usual place of residence in the until modified, terminated, superseded, set (2) by striking ‘‘Commission’’ each place it ap- District of Columbia of that agent. A notice of aside, or revoked in accordance with law by the pears and inserting in lieu thereof ‘‘Panel’’. action of the Panel shall be served immediately President, the Panel, any other authorized offi- SEC. 303. TITLE 18 AMENDMENT. on the agent or in another manner provided by cial, a court of competent jurisdiction, or oper- Section 6001(1) of title 18, United States Code, law. If that carrier does not have a designated ation of law. The Panel shall promptly rescind is amended by striking ‘‘Interstate Commerce agent, service may be made by posting the notice all regulations established by the Interstate Commission’’ and inserting in lieu thereof in the office of the Panel. Commerce Commission that are based on provi- ‘‘Transportation Adjudication Panel’’. ‘‘(d) In a proceeding involving the lawfulness sions of law repealed and not substantively re- SEC. 304. INTERNAL REVENUE CODE OF 1986 of classifications, rates, or practices of a rail enacted by this Act. AMENDMENTS. carrier that has not designated an agent under (a) SECTION 3231.—Section 3231 of the Internal this section, service of notice of the Panel on an (b) PROCEEDINGS.—(1) Except as provided in paragraph (2), the Panel shall assume respon- Revenue Code of 1986 is amended— attorney in fact for the carrier constitutes serv- (1) by striking ‘‘Interstate Commerce Commis- ice of notice on the carrier. sibility for the continuation of all proceedings pending before the Interstate Commerce Commis- sion’’ in subsection (a) and inserting in lieu ‘‘§ 724. Service of process in court proceedings sion, and shall complete such proceedings in ac- thereof ‘‘Transportation Adjudication Panel’’; ‘‘(a) A carrier providing transportation sub- cordance with law and regulations as in effect and ject to the jurisdiction of the Panel under sub- before the date of the enactment of this Act. (2) by striking ‘‘an express carrier, sleeping car carrier, or’’ in subsection (g) and inserting title IV shall designate an agent in the District (2) In the case of a proceeding under a provi- in lieu thereof ‘‘a’’. of Columbia on whom service of process in an sion of law repealed, and not reenacted, by this (b) SECTION 7701.—Section 7701 of the Internal action before a district court may be made. Ex- Act, such proceeding shall be terminated. cept as otherwise provided, process in an action Revenue Code of 1986 is amended— (c) SUITS.—(1) This Act shall not affect suits before a district court shall be served on the des- (1) in paragraph (33)(B), by striking ‘‘Federal commenced before the date of the enactment of Power Commission’’ and inserting in lieu there- ignated agent of that carrier at the office or this Act, except that the Panel shall assume the usual place of residence in the District of Co- of ‘‘Federal Energy Regulatory Commission’’; position of the Interstate Commerce Commission, (2) in paragraph (33)(C)(i), by striking ‘‘Inter- lumbia of that agent. If the carrier does not and, except as provided in paragraph (2), in all have a designated agent, service may be made state Commerce Commission’’ and inserting in such suits, proceeding shall be had, appeals lieu thereof ‘‘Transportation Adjudication by posting the notice in the office of the Panel. taken, and judgments rendered in the same ‘‘(b) A designation under this section may be Panel’’; manner and with the same effect as if this Act (3) in paragraph (33)(C)(ii), by striking changed at any time in the same manner as had not been enacted. ‘‘Interstate Commerce Commission’’ and insert- originally made. (2) If the court in a suit described in para- ing in lieu thereof ‘‘Federal Energy Regulatory ‘‘§ 725. Administrative support graph (1) remands a case to the Panel, subse- Commission’’; ‘‘The Secretary of Transportation shall pro- quent proceedings related to such case shall pro- (4) in paragraph (33)(F), by striking ‘‘Inter- vide appropriate administrative support for the ceed in accordance with applicable law and reg- state Commerce Commission under subchapter Panel. ulations as in effect at the time of such subse- III of chapter 105’’ and inserting in lieu thereof ‘‘§ 726. Definitions quent proceedings. ‘‘Transportation Adjudication Panel under sub- ‘‘All terms used in this chapter that are de- (d) EXERCISE OF AUTHORITIES.—Except as oth- chapter II of chapter 135’’; (5) in paragraph (33)(G), by striking ‘‘sub- fined in subtitle IV shall have the meaning erwise provided by law, an officer or employee chapter I of chapter 105’’ and inserting in lieu given those terms in that subtitle.’’. of the Panel may, for purposes of performing a thereof ‘‘part A of subtitle IV’’; and (b) TABLE OF CHAPTERS AMENDMENT.—The function transferred by this Act or the amend- (6) in paragraph (33)(H), by striking ‘‘sub- table of chapters of subtitle I of title 49, United ments made by this Act, exercise all authorities chapter I of chapter 105’’ and inserting in lieu States Code, is amended by adding at the end under any other provision of law that were thereof ‘‘part A of subtitle IV’’. the following new item: available with respect to the performance of SEC. 305. TITLE 28 AMENDMENTS. ‘‘7. TRANSPORTATION ADJUDICATION that function to the official responsible for the PANEL ...... 701’’. performance of the function immediately before (a) CHAPTER 157 AMENDMENTS.—(1) Chapter 157 of title 28, United States Code, is amended— SEC. 202. REORGANIZATION. the effective date of the transfer of the function (A) by striking ‘‘INTERSTATE COMMERCE The Director of the Transportation Adjudica- under this Act or the amendments made by this COMMISSION’’ in the chapter heading and in- tion Panel (in this Act referred to as the Act. serting in lieu thereof ‘‘TRANSPORTATION ‘‘Panel’’) may allocate or reallocate any func- SEC. 205. REFERENCES. ADJUDICATION PANEL’’; tion of the Panel, consistent with this title and Any reference to the Interstate Commerce (B) by striking ‘‘Commission’s’’ in the section subchapter I of chapter 7, as amended by sec- Commission in any other Federal law, Executive heading of section 2321 and inserting in lieu tion 201 of this title, among the members or em- order, rule, regulation, or delegation of author- thereof ‘‘Panel’s’’; ployees of the Panel, and may establish, consoli- ity, or any document of or pertaining to the (C) by striking ‘‘Interstate Commerce Commis- date, alter, or discontinue in the Panel any or- Interstate Commerce Commission or an officer or sion’’ each place it appears and inserting in lieu ganizational entities that were entities of the employee of the Interstate Commerce Commis- thereof ‘‘Transportation Adjudication Panel’’; Interstate Commerce Commission, as the Direc- sion, is deemed to refer to the Panel or a member and tor considers necessary or appropriate. or employee of the Panel, as appropriate. (D) by striking ‘‘Commission’’ each place it SEC. 203. TRANSFER OF ASSETS. The CHAIRMAN. Are there any appears and inserting in lieu thereof ‘‘Panel’’. Except as otherwise provided in this Act and amendments to title II? (2)(A) The item relating to chapter 157 in the the amendments made by this Act, so much of table of chapters of title 28, United States Code, the personnel, property, records, and unex- If not, the Clerk will designate title is amended by striking ‘‘Interstate Commerce pended balances of appropriations, allocations, III. Commission’’ and inserting in lieu thereof and other funds employed, used, held, available, The text of title III is as follows: ‘‘Transportation Adjudication Panel’’. H 12310 CONGRESSIONAL RECORD — HOUSE November 14, 1995 (B) The item relating to section 2321 in the SEC. 307. TITLE 49 AMENDMENTS. (B) by inserting ‘‘, Panel,’’ after ‘‘vesting table of sections of chapter 157 of title 28, United Title 49, United States Code, is amended— such power in such Commission’’; States Code, is amended by striking ‘‘Commis- (1) in section 22106(e)(1) by striking ‘‘an appli- (2) in section 11(a) (15 U.S.C. 21(a)), by strik- sion’s’’ and inserting in lieu thereof ‘‘Panel’s’’. cation for abandonment of’’ and inserting in ing ‘‘Interstate Commerce Commission where ap- (b) CHAPTER 158 AMENDMENTS.—Chapter 158 lieu thereof ‘‘a notice of intent to abandon’’; plicable to common carriers subject to the Inter- of title 28, United States Code, is amended— and state Commerce Act, as amended’’ and inserting (1) by striking ‘‘the Interstate Commerce Com- (2) by repealing subsection (d) of section in lieu thereof ‘‘Transportation Adjudication mission,’’ in section 2341(3)(A); 24705. Panel where applicable to common carriers sub- (2) by striking ‘‘and’’ at the end of section Subtitle B—Other Amendments ject to subtitle IV of title 49, United States 2341(3)(C); Code’’; and (3) by striking the period at the end of section SEC. 311. AGRICULTURAL ADJUSTMENT ACT OF (3) in section 16 (15 U.S.C. 22), by striking ‘‘in 1938 AMENDMENT. 2341(3)(D) and inserting in lieu thereof ‘‘; and’’; equity for injunctive relief’’ and all that follows (4) by inserting at the end of section 2341(3) Section 201 of the Agricultural Adjustment Act through ‘‘Interstate Commerce Commission’’ and the following new subparagraph: of 1938 (7 U.S.C. 1291) is amended— inserting in lieu thereof ‘‘for injunctive relief ‘‘(E) the Panel, when the order was entered (1) by striking ‘‘Interstate Commerce Commis- against any common carrier subject to the juris- by the Transportation Adjudication Panel.’’; sion’’ each place it appears and inserting in lieu diction of the Transportation Adjudication and thereof ‘‘Transportation Adjudication Panel’’; Panel under subtitle IV of title 49, United States (5) in section 2342, by— (2) by striking ‘‘Commission’’ each place it ap- Code’’. pears and inserting in lieu thereof ‘‘Panel’’; and (A) inserting ‘‘or pursuant to part B of sub- SEC. 319. INSPECTOR GENERAL ACT OF 1978 title IV of title 49, United States Code’’ before (3) by striking ‘‘Commission’s’’ in subsection AMENDMENT. the semicolon at the end of paragraph (3)(A); (b) and inserting in lieu thereof ‘‘Panel’s’’. Section 8G(a)(2) of the Inspector General Act and SEC. 312. ANIMAL WELFARE ACT AMENDMENT. of 1978 (5 U.S.C. App.) is amended by striking (B) striking paragraph (5) and inserting the Section 15(a) of the Animal Welfare Act (7 ‘‘the Interstate Commerce Commission,’’. following: U.S.C. 2145(a)) is amended by striking ‘‘Inter- SEC. 320. ENERGY POLICY ACT OF 1992 AMEND- ‘‘(5) all rules, regulations, or final orders of state Commerce Commission’’ and inserting in MENTS. the Transportation Adjudication Panel made lieu thereof ‘‘Transportation Adjudication Subsections (a) and (d) of section 1340 of the reviewable by section 2321 of this title; and’’. Panel’’. Energy Policy Act of 1992 (42 U.S.C. 13369(a) SEC. 306. TITLE 39 AMENDMENTS. SEC. 313. FEDERAL ELECTION CAMPAIGN ACT OF and (d)) are amended by striking ‘‘Interstate Title 39, United States Code, is amended— 1971 AMENDMENTS. Commerce Commission’’ and inserting in lieu (1) in section 5005(a)(4) by striking ‘‘5201(7)’’ Section 401 of the Federal Election Campaign thereof ‘‘Transportation Adjudication Panel’’. and inserting ‘‘5201(6)’’; Act of 1971 is amended— SEC. 321. MERCHANT MARINE ACT, 1920, AMEND- (2) in section 5005(b)(3), by striking ‘‘Inter- (1) by striking ‘‘Interstate Commerce Commis- MENTS state Commerce Commission’’ and inserting in sion shall each promulgate, within ninety days The Merchant Marine Act, 1920, is amended— lieu thereof ‘‘Transportation Adjudication after the date of enactment of this Act’’ and in- (1) in section 8 (46 U.S.C. App. 867)— (A) by striking ‘‘Interstate Commerce Commis- Panel’’; and serting in lieu thereof ‘‘Transportation Adju- (3) in chapter 52— dication Panel shall each maintain’’; and sion’’ both places it appears and inserting in (A) by amending paragraph (1) of section 5201 (2) by inserting ‘‘or Panel’’ after ‘‘or such lieu thereof ‘‘Transportation Adjudication to read as follows: Commission’’. Panel’’; and (B) by striking ‘‘commission’’ and inserting in ‘‘(1) ‘Panel’ means the Transportation Adju- SEC. 314. FAIR CREDIT REPORTING ACT AMEND- lieu thereof ‘‘Panel’’; and dication Panel;’’; MENT. (2) in section 28 (46 U.S.C. App. 884)— (B) in section 5201(2) by striking ‘‘a motor Section 621(b)(4) of the Fair Credit Reporting (A) by striking ‘‘Interstate Commerce Commis- common carrier, or express carrier’’ and insert- Act (15 U.S.C. 1681s(b)(4)) is amended by strik- sion’’ and inserting in lieu thereof ‘‘Transpor- ing ‘‘or a motor carrier’’; ing ‘‘Interstate Commerce Commission with re- tation Adjudication Panel’’; and (C) in section 5201(4)— spect to any common carrier subject to those (B) by striking ‘‘commission’’ each place it ap- (i) by striking ‘‘common’’; and Acts’’ and inserting in lieu thereof ‘‘Secretary of pears and inserting in lieu thereof ‘‘Panel’’. (ii) by striking ‘‘permit’’ and inserting ‘‘reg- Transportation, with respect to all carriers sub- SEC. 322. RAILWAY LABOR ACT AMENDMENTS. istration’’; ject to the jurisdiction of the Transportation Ad- Section 1 of the Railway Labor Act (45 U.S.C. (D) in section 5201(5)— judication Panel’’. 151) is amended— (i) by striking ‘‘common’’ each place it ap- SEC. 315. EQUAL CREDIT OPPORTUNITY ACT (1) by striking ‘‘express company, sleeping-car pears; AMENDMENT. company, carrier by railroad, subject to the (ii) by striking ‘‘10102(14)’’ and inserting Section 704(a)(4) of the Equal Credit Oppor- Interstate Commerce Act’’ in the first paragraph ‘‘13102(11)’’; and tunity Act (15 U.S.C. 1691c(a)(4)) is amended by and inserting in lieu thereof ‘‘railroad subject to (iii) by striking ‘‘certificate of public conven- striking ‘‘Interstate Commerce Commission with the jurisdiction of the Transportation Adjudica- ience and necessity’’ and inserting ‘‘registra- respect to any common carrier subject to those tion Panel’’; tion’’; Acts’’ and inserting in lieu thereof ‘‘Secretary of (2) by striking ‘‘Interstate Commerce Commis- (E) by striking paragraph (6); Transportation, with respect to all carriers sub- sion’’ each place it appears in the first and fifth (F) by redesignating paragraphs (7) and (8) as ject to the jurisdiction of the Transportation Ad- paragraphs and inserting in lieu thereof paragraphs (6) and (7), respectively; judication Panel’’. ‘‘Transportation Adjudication Panel’’; and (G) in section 5201(6), as so redesignated, by (3) by striking ‘‘Commission’’ each place it ap- striking ‘‘certificate of public convenience and SEC. 316. FAIR DEBT COLLECTION PRACTICES ACT AMENDMENT. pears in the fifth paragraph and inserting in necessity’’ and inserting ‘‘certificate or registra- Section 814(b)(4) of the Fair Debt Collection lieu thereof ‘‘Panel’’. tion’’; Practices Act (15 U.S.C. 1692l(b)(4)) is amended SEC. 323. RAILROAD RETIREMENT ACT OF 1974 (C) by striking subsection (f) of section 5203, by striking ‘‘Interstate Commerce Commission AMENDMENTS. and redesignating subsection (g) of such section with respect to any common carrier subject to Section 1 of the Railroad Retirement Act of as subsection (f); those Acts’’ and inserting in lieu thereof ‘‘Sec- 1974 (45 U.S.C. 231) is amended— (D) in subsection (f) of section 5203, as so re- retary of Transportation, with respect to all car- (1) by amending subsection (a)(1)(i) to read as designated by subparagraph (H) of this para- riers subject to the jurisdiction of the Transpor- follows: graph— tation Adjudication Panel’’. ‘‘(i) any carrier by railroad subject to the ju- (i) by striking ‘‘Commission’’ and inserting risdiction of the Transportation Adjudication ‘‘Panel’’; and SEC. 317. NATIONAL TRAILS SYSTEM ACT AMEND- Panel under part A of subtitle IV of title 49, MENTS. (ii) by striking ‘‘motor common carrier’’ each United States Code;’’; place it appears and inserting ‘‘motor carrier’’; The National Trails System Act is amended— (2) by striking ‘‘Interstate Commerce Commis- (E) by striking ‘‘Interstate Commerce Com- (1) in section 8(d)— sion is hereby authorized and directed upon re- mission’’ in the section heading of section 5207 (A) by striking ‘‘Chairman of the Interstate quest of the Board’’ in subsection (a)(2)(ii) and and inserting in lieu thereof ‘‘Transportation Commerce Commission’’ and inserting in lieu inserting in lieu thereof ‘‘Transportation Adju- Adjudication Panel’’; thereof ‘‘Director of the Transportation Adju- dication Panel is hereby authorized and di- (F) by striking ‘‘Commission’s’’ in sections dication Panel’’; and rected upon request of the Railroad Retirement 5208(a) and 5215(a) and inserting in lieu thereof (B) by striking ‘‘Commission’’ and inserting in Board’’; and ‘‘Panel’s’’; lieu thereof ‘‘Panel’’; and (3) by inserting ‘‘the Transportation Adju- (G) by striking ‘‘Commission’’ each place it (2) in section 9(b), by striking ‘‘Interstate dication Panel,’’ after ‘‘the Interstate Commerce appears and inserting in lieu thereof ‘‘Panel’’; Commerce Commission’’ and inserting in lieu Commission,’’ in subsection (o). thereof ‘‘Transportation Adjudication Panel’’. and SEC. 324. RAILROAD UNEMPLOYMENT INSURANCE (H) in the item relating to section 5207 in the SEC. 318. CLAYTON ACT AMENDMENTS. ACT AMENDMENTS. table of sections, by striking ‘‘Interstate Com- The Clayton Act is amended— The Railroad Unemployment Insurance Act is merce Commission’’ and inserting in lieu thereof (1) in section 7 (15 U.S.C. 18)— amended— ‘‘Transportation Adjudication Panel’’; and (A) by striking ‘‘Interstate Commerce Commis- (1) by striking ‘‘Interstate Commerce Commis- (M) in section 5215(a) by striking ‘‘motor com- sion’’ and inserting in lieu thereof ‘‘Transpor- sion is hereby authorized and directed upon re- mon carrier’’ and inserting ‘‘motor carrier’’. tation Adjudication Panel’’; and quest of the Board’’ in section 1(a) (45 U.S.C. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12311 351(a)) and inserting in lieu thereof ‘‘Transpor- SEC. 328. MILWAUKEE RAILROAD RESTRUCTUR- (3) Section 15 (46 U.S.C. App. 814). tation Adjudication Panel is hereby authorized ING ACT AMENDMENT. (4) Section 16 (46 U.S.C. App. 815). and directed upon request of the Railroad Re- Section 18 of the Milwaukee Railroad Restruc- (5) Section 17 (46 U.S.C. App. 816). tirement Board’’; turing Act (45 U.S.C. 916) is repealed. (6) Section 18 (46 U.S.C. App. 817). (2) by amending paragraph (b) of such section SEC. 329. ROCK ISLAND RAILROAD TRANSITION (7) Section 19 (46 U.S.C. App. 818). 1 to read as follows: AND EMPLOYEE ASSISTANCE ACT (8) Section 20 (46 U.S.C. App. 819). ‘‘(b) The term ‘carrier’ means a railroad sub- AMENDMENTS. (9) Section 21 (46 U.S.C. App. 820). ject to the jurisdiction of the Transportation Ad- The Rock Island Railroad Transition and Em- (10) Section 22 (46 U.S.C. App. 821). judication Panel under part A of subtitle IV of ployee Assistance Act is amended— (11) Section 23 (46 U.S.C. App. 822). title 49, United States Code.’’; (1) in section 104(a) (45 U.S.C. 1003(a)) by (12) Section 24 (46 U.S.C. App. 823). and striking ‘‘section 11125 of title 49, United States (13) Section 25 (46 U.S.C. App. 824). (3) by striking ‘‘Interstate Commerce Commis- Code, or’’; and (14) Section 27 (46 U.S.C. App. 826). sion, adjusted, as determined by the Board’’ in (2) by repealing section 120 (45 U.S.C. 1015). (15) Section 29 (46 U.S.C. App. 828). section 2(h)(3) (45 U.S.C. 352(h)(3)) and insert- SEC. 330. RAILROAD REVITALIZATION AND REGU- (16) Section 30 (46 U.S.C. App. 829). ing in lieu thereof ‘‘Transportation Adjudica- LATORY REFORM ACT OF 1976 (17) Section 31 (46 U.S.C. App. 830). tion Panel, adjusted, as determined by the Rail- AMENDMENTS. (18) Section 32 (46 U.S.C. App. 831). (19) Section 33 (46 U.S.C. App. 832). road Retirement Board’’. The Railroad Revitalization and Regulatory (20) Section 35 (46 U.S.C. App. 833a). SEC. 325. EMERGENCY RAIL SERVICES ACT OF Reform Act of 1976 is amended— (1) in section 505(a)(3) (45 U.S.C. 825(a)(3))— (21) Section 43 (46 U.S.C. App. 841a). 1970 AMENDMENTS. (22) Section 45 (46 U.S.C. App. 841c). The Emergency Rail Services Act of 1970 is (A) by striking ‘‘A financially responsible per- SEC. 336. DEPARTMENT OF TRANSPORTATION amended— son (as defined in section 10910(a)(1) of title 49, United States Code)’’ and inserting in lieu AND RELATED AGENCIES APPRO- (1) by amending paragraph (2) of section 2 (45 PRIATION ACT, 1982 AMENDMENT. U.S.C. 661(2)) to read as follows: thereof ‘‘(A) A financially responsible person’’; and Section 402 of the Department of Transpor- ‘‘(2) ‘Panel’ means the Transportation Adju- tation and Related Agencies Appropriation Act, dication Panel.’’; (B) by inserting at the end the following new subparagraph: 1982 (Public Law 97–102; 95 Stat. 1465) is re- (2) by striking ‘‘Interstate Commerce Commis- pealed. sion’’ in section 6(a) (45 U.S.C. 665(a)) and in- ‘‘(B) For purposes of this paragraph, the term serting in lieu thereof ‘‘Panel’’; and ‘financially responsible person’ means a person The CHAIRMAN. Are there any (3) by striking ‘‘Commission’’ each place it ap- who (i) is capable of paying the constitutional amendments to title III? pears and inserting in lieu thereof ‘‘Panel’’. minimum value of the railroad line proposed to If not, the question is on the commit- be acquired, and (ii) is able to assure that ade- SEC. 326. ALASKA RAILROAD TRANSFER ACT OF tee amendment in the nature of a sub- 1982 AMENDMENTS. quate transportation will be provided over such stitute, as modified, as amended. Section 608 of the Alaska Railroad Transfer line for a period of not less than 3 years. Such term includes a governmental authority but does The committee amendment in the Act of 1982 (45 U.S.C. 1207) is amended— nature of a substitute, as modified, as (1) by striking ‘‘Interstate Commerce Commis- not include a class I or class II rail carrier.’’; (2) in section 509(b) (45 U.S.C. 829(b)) by strik- amended, was agreed to. sion’’ each place it appears and inserting in lieu (Mr. SHUSTER asked and was given thereof ‘‘Transportation Adjudication Panel’’; ing paragraph (2); and and (3) in section 510 (45 U.S.C. 830) by striking permission to revise and extend his re- (2) by striking ‘‘Commission’’ in subsection (b) ‘‘the provisions of section 20a of the Interstate marks.) and inserting in lieu thereof ‘‘Panel’’. Commerce Act (49 U.S.C. 20a), nor’’. The CHAIRMAN. Under the rule, the SEC. 331. SERVICE CONTRACT ACT OF 1965 SEC. 327. REGIONAL RAIL REORGANIZATION ACT Committee rises. AMENDMENT. OF 1973 AMENDMENTS. Accordingly, the Committee rose; Section 7(3) of the Service Contract Act of 1965 The Regional Rail Reorganization Act of 1973 and the Speaker pro tempore (Mr. (41 U.S.C. 356(3)) is amended by striking ‘‘where is amended— published tariff rates are in effect’’. HASTINGS of Washington) having as- (1) in section 304(d)(3) (45 U.S.C. 744(d)(3))— SEC. 332. FISCAL YEAR 1982 CONTINUING RESO- sumed the chair, Mr. KINGSTON, Chair- (A) by striking ‘‘this title,’’ and all that fol- man of the Committee of the Whole lows through ‘‘(A) shall take’’ and inserting in LUTION AMENDMENT. lieu thereof ‘‘this title, the Commission shall Section 115 of the Joint Resolution entitled House on the State of the Union, re- take’’; and ‘‘Joint Resolution making further continuing ported that that Committee, having (B) by striking ‘‘this subsection; and’’ and all appropriations for the fiscal year 1982, and for had under consideration the bill (H.R. that follows through ‘‘205(d)(6) of this Act’’ and other purposes’’ (Public Law 97–92; 95 Stat. 2539) to abolish the Interstate Com- inserting in lieu thereof ‘‘this subsection’’; and 1196) is repealed. merce Commission, to amend subtitle (2) in section 707 (45 U.S.C. 797f)— SEC. 333. MIGRANT AND SEASONAL AGRICUL- IV of title 49, United States Code, to (A) by inserting ‘‘(a)’’ at the beginning of the TURAL WORKER PROTECTION ACT. Section 401(b) of the Migrant and Seasonal reform economic regulation of trans- text; and portation, and for other purposes, pur- (B) by adding at the end the following new Agricultural Worker Protection Act (29 U.S.C. subsections: 1841(b)) is amended by— suant to House Resolution 259, he re- ‘‘(b) Notwithstanding any other provision of (1) striking ‘‘part II of the Interstate Com- ported the bill back to the House with this Act or any agreement or arrangement in ef- merce Act (49 U.S.C. 301 et seq.), or any succes- an amendment adopted by the Commit- fect as of the date of the enactment of this sub- sor provision of’’ in paragraph (2)(C) and in- tee of the Whole. section, the Corporation may not sell or transfer serting ‘‘part B of’’; and The SPEAKER pro tempore (Mr. (2) striking ‘‘common carriers of passengers ownership or management, in whole or in part, HASTINGS of Washington). Under the of any facility acquired by the Corporation under part II of the Interstate Commerce Act (49 U.S.C. 301 et seq.), and any successor provision rule, the previous question is ordered. under this Act that is used for the repair, reha- Is a separate vote demanded on any bilitation, or maintenance of cars or loco- of’’ in paragraph (3) and inserting ‘‘carriers of motives, without first obtaining the expess con- passengers under part B of’’. amendment to the committee amend- sent of the authorized representatives of the em- SEC. 334. FEDERAL AVIATION ADMINISTRATION ment in the nature of a substitute ployees at such facility covered by collective AUTHORIZATION ACT OF 1994. adopted by the Committee of the bargaining agreements. Any transaction under- Section 601(d) of the Federal Aviation Admin- Whole? If not, the question is on the taken in violation of this subsection or sub- istration Authorization Act of 1994 (Public Law amendment. section (c) shall be considered in violation of 103–305) is amended by striking all after ‘‘sub- The amendment was agreed to. section 6 of the Railway Labor Act, and shall be section (c)’’ and inserting ‘‘shall not take effect The SPEAKER pro tempore. The actionable as such. as long as section 14501(b)(2) of title 49, United question is on the engrossment and States Code, applies to that State.’’. ‘‘(c) Notwithstanding any other provision of third reading of the bill. this Act or any agreement or arrangement in ef- SEC. 335. TERMINATION OF CERTAIN MARITIME fect as of the date of the enactment of this sub- AUTHORITY. The bill was ordered to be engrossed section, any transfer by the Corporation of own- (a) REPEAL OF INTERCOASTAL SHIPPING ACT, and read a third time, and was read the ership, in whole or in part, other than for 1933.—The Act of March 3, 1933 (Chapter 199; 46 third time. scrappage, of a car or locomotive that was re- App. U.S.C. 843 et seq.), commonly referred to as The SPEAKER pro tempore. The paired, rehabilitated, or maintained, before the the Intercoastal Shipping Act, 1933, is repealed question is on the passage of the bill. date of the enactment of this subsection, at a fa- effective September 30, 1996. The question was taken; and the cility acquired by the Corporation under this (b) REPEAL OF PROVISIONS OF SHIPPING ACT, Speaker pro tempore announced that Act, without first obtaining the express consent 1916.—The following provisions of the Shipping the ayes appeared to have it. of the authorized representatives of the employ- Act, 1916, are repealed effective September 30, ees at the Corporation’s principal maintenance 1996: RECORDED VOTE facility covered by collective bargaining agree- (1) Section 3 (46 U.S.C. App. 804). Mr. SHUSTER. Mr. Speaker, I de- ments, is prohibited.’’. (2) Section 14 (46 U.S.C. App. 812). mand a recorded vote. H 12312 CONGRESSIONAL RECORD — HOUSE November 14, 1995 A recorded vote was ordered. Moorhead Rogers Stupak PROPOSED MOTION TO DENY Morella Rohrabacher Talent The vote was taken by electronic de- Murtha Ros-Lehtinen Tanner MONEY FOR GROUND TROOPS TO vice, and there were—ayes 417, noes 8, Myers Rose Tate BOSNIA not voting 7, as follows: Myrick Roth Tauzin Neal Roukema Taylor (MS) (Mr. METCALF asked and was given [Roll No. 793] Nethercutt Roybal-Allard Taylor (NC) permission to address the House for 1 AYES—417 Neumann Royce Tejeda minute and to revise and extend his re- Ney Rush Thomas marks.) Abercrombie DeLauro Hostettler Norwood Sabo Thompson Ackerman DeLay Houghton Nussle Salmon Thornberry Mr. METCALF. Mr. Speaker, I have a Allard Dellums Hoyer Oberstar Sanders Thornton motion at the desk which I will not Andrews Deutsch Hunter Obey Sanford Thurman bring before the House this evening. Archer Diaz-Balart Hutchinson Olver Sawyer Tiahrt Armey Dickey Hyde Ortiz Saxton Torkildsen My motion, had it passed, would have Bachus Dicks Inglis Orton Scarborough Torres denied money to send ground troops to Baesler Dingell Istook Owens Schaefer Torricelli Bosnia without the President coming Baker (CA) Dixon Jackson-Lee Oxley Schiff Towns and essentially getting a complete ac- Baker (LA) Doggett Jacobs Packard Schroeder Traficant Baldacci Dooley Jefferson Pallone Schumer Upton cord with the House before he did that. Ballenger Doolittle Johnson (CT) Parker Scott Velazquez I have withdrawn this motion, Mr. Barcia Dornan Johnson (SD) Pastor Seastrand Vento Speaker, and I will not act on this mo- Barr Doyle Johnson, E.B. Paxon Sensenbrenner Visclosky Barrett (NE) Dreier Johnson, Sam Payne (NJ) Serrano Vucanovich tion because I have been assured that Barrett (WI) Duncan Johnston Payne (VA) Shadegg Waldholtz the Committee on Rules will, on Thurs- Bartlett Dunn Jones Pelosi Shaw Walker day night, bring up a rule on the Hefley Barton Durbin Kanjorski Peterson (FL) Shays Walsh bill. The Hefley bill does the same Bass Edwards Kaptur Peterson (MN) Shuster Wamp Bateman Ehlers Kasich Petri Sisisky Ward thing in a different way. I am very sup- Becerra Ehrlich Kelly Pickett Skaggs Waters portive of that route also. Beilenson Emerson Kennedy (MA) Pombo Skeen Watt (NC) I just want to say, Mr. Speaker, that Bentsen English Kennedy (RI) Porter Skelton Watts (OK) Bereuter Ensign Kennelly Portman Slaughter Waxman I think before we allow money to be Berman Eshoo Kildee Poshard Smith (MI) Weldon (FL) spent to send ground troops to Bosnia, Bevill Evans Kim Pryce Smith (NJ) Weldon (PA) we must get a complete explanation of Bilbray Everett King Quillen Smith (TX) Weller what is the plan, what are the vital Bilirakis Ewing Kingston Quinn Smith (WA) White Bishop Farr Kleczka Radanovich Solomon Whitfield United States interests involved, what Bliley Fattah Klink Rahall Souder Wicker is the exit strategy. All these things Blute Fawell Klug Ramstad Spence Wilson are absolutely essential, and the Hefley Boehlert Fazio Knollenberg Rangel Spratt Wise Boehner Fields (TX) Kolbe Reed Stark Wolf bill will do this that. Bonilla Flake LaFalce Regula Stearns Woolsey Mr. Speaker, at this time I will not Bonior Flanagan LaHood Richardson Stenholm Wyden bring up the motion, and we will have Bono Foglietta Lantos Riggs Stockman Young (AK) a vote on this before we go home for Borski Foley Largent Rivers Stokes Young (FL) Boucher Forbes Latham Roberts Studds Zeliff Thanksgiving, in my view. Brewster Ford LaTourette Roemer Stump Zimmer Browder Fowler Laughlin f Brown (CA) Fox Lazio NOES—8 Brown (FL) Frank (MA) Leach LEGISLATIVE PROGRAM Engel Moran Williams Brown (OH) Franks (CT) Levin Filner Nadler Wynn (Mr. ARMEY asked and was given Brownback Franks (NJ) Lewis (CA) Green Pomeroy Bryant (TN) Frelinghuysen Lewis (GA) permission to address the House for 1 Bryant (TX) Frisa Lewis (KY) NOT VOTING—7 minute and to revise and extend his re- Bunn Frost Lightfoot marks.) Bunning Funderburk Lincoln Conyers Mink Yates Burr Furse Linder Fields (LA) Tucker Mr. ARMEY. Mr. Speaker, I thought Burton Gallegly Lipinski Gunderson Volkmer I would take a minute to advise our Buyer Ganske Livingston Members that we expect no more votes b 1851 Callahan Gejdenson LoBiondo this evening. The House will reconvene Calvert Gekas Lofgren Camp Gephardt Longley So the bill was passed. tomorrow morning at 10. Canady Geren Lowey The result of the vote was announced We should expect tomorrow morning Cardin Gibbons Lucas as above recorded. that we will be able to deal with some Castle Gilchrest Luther Chabot Gillmor Maloney A motion to reconsider was laid on possible appropriations conference re- Chambliss Gilman Manton the table. ports, the foreign operations con- Chapman Gonzalez Manzullo f ference report, the Interior conference Chenoweth Goodlatte Markey report, the Treasury-Postal conference Christensen Goodling Martinez Chrysler Gordon Martini GENERAL LEAVE report. All of these are subject to a Clay Goss Mascara Ms. MOLINARI. Mr. Speaker, I ask rule. Clayton Graham Matsui unanimous consent that all Members Then, of course, it is also possible, Clement Greenwood McCarthy Mr. Speaker, and I have no definitive Clinger Gutierrez McCollum may have 5 legislative days within Clyburn Gutknecht McCrery which to revise and extend their re- information, but Members should be Coble Hall (OH) McDade marks on the bill just passed. aware it is also possible that there Coburn Hall (TX) McDermott could be some action on a continuing Coleman Hamilton McHale The SPEAKER pro tempore (Mr. resolution. Those, basically, are the Collins (GA) Hancock McHugh HASTINGS of Washington). Is there ob- Collins (IL) Hansen McInnis comments I would like to make. Collins (MI) Harman McIntosh jection to the request of the gentle- woman from New York? Mr. GEPHARDT. Mr. Speaker, will Combest Hastert McKeon the gentleman yield? Condit Hastings (FL) McKinney There was no objection. Cooley Hastings (WA) McNulty Mr. ARMEY. I yield to the gentleman Costello Hayes Meehan f from Missouri. Cox Hayworth Meek Mr. GEPHARDT. Mr. Speaker, I Coyne Hefley Menendez REMOVAL OF NAME OF MEMBER would ask the gentleman if he expects Cramer Hefner Metcalf AS COSPONSOR OF H.R. 359 Crane Heineman Meyers the reconciliation conference to be Crapo Herger Mfume Ms. ROYBAL-ALLARD. Mr. Speaker, voted on in the House on Friday. Cremeans Hilleary Mica I ask unanimous consent that my name Cubin Hilliard Miller (CA) Mr. ARMEY. I thank the gentleman Cunningham Hinchey Miller (FL) be removed as a cosponsor of H.R. 359. for his inquiry. Danner Hobson Minge The SPEAKER pro tempore. Is there My best guess at this time is that we Davis Hoekstra Moakley objection to the request of the gentle- would expect to vote on the reconcili- de la Garza Hoke Molinari Deal Holden Mollohan woman from California? ation conference report on Friday, the DeFazio Horn Montgomery There was no objection. Balanced Budget Act on Friday, and we November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12313 would then, I suppose, in all prudence, pression in Nigeria. I am pleased to say THE BUDGET BATTLE have to advise Members that pending that the International Finance Cor- (Mr. BARTON of Texas asked and action by the other body, we might be poration of the World Bank has decided was given permission to address the prepared to be working Saturday as not to make a $100 million loan to Ni- House for 1 minute and to revise and well. geria. I hope that this Congress, this extend his remarks and include extra- Mr. GEPHARDT. If the gentleman House of Representatives, will speak neous material.) will continue to yield, obviously, bet- out forcefully against the Nigerian Mr. BARTON of Texas. Madam ting is not allowed on the floor of the Government and its repression of the Speaker, last September the Repub- House, but I am sure that was a friend- Nigerian people, and that we should re- licans sent a continuing resolution to ly wager and not a bet. member Mr. Saro-Wiwa for the hero the President so that the Government Mr. ARMEY. Mr. Speaker, I would that he is. would not shut down on October 1. We say to the gentleman, I appreciate Mr. Speaker, I include for the put in that continuing resolution that. It is actually a penance that is RECORD the full article which appeared enough time and money so that we paid for rhetorical aberrations. in the New York Times. could operate through all of October Mr. GEPHARDT. Mr. Speaker, if the The article referred to is as follows: and part of November. gentleman will continue to yield, to re- [From the New York Times, Nov. 9, 1995] What did the President do? He or- iterate again, I am sure the gentleman A DEATH SENTENCE IN NIGERIA dered in travel brochures to see about said it, but I want to make sure others Gen. Sani Abacha’s military dictatorship his pending trip to Japan this week. heard it, the gentleman said there was is moving quickly to execute Ken Saro- When we asked him last week what he a likelihood that we would be in ses- Wiwa, one of Nigeria’s leading environ- was going to do, he went out on the sion on Saturday and Sunday of this mentalists and minority-rights leaders, after golf course last Friday. weekend, is that not correct? convicting him on trumped-up charges in a We think there is a fundamental pol- Mr. ARMEY. I am afraid that is cor- military court. Yesterday Nigeria’s ruling icy difference between ourselves and rect, and I think it is only fair that we council confirmed Mr. Saro-Wiwa’s sentence. Only outside intervention, especially by the President. We think that we need advise Members of that possibility. to protect our children’s future. We Mr. GEPHARDT. I thank the gen- the United States and the international oil companies whose business keeps the Abacha need to come up with a plan that bal- tleman. regime afloat, can now save his life. Presi- ances the budget in the year 2002 with- f dent Clinton should speak out on Mr. Saro- out any tax increases. Wiwa’s behalf without delay. The President thinks it is a little bit EXECUTIONS IN NIGERIA Nigeria is one of Africa’s most richly en- better to work on his putting stroke (Ms. PELOSI asked and was given dowed countries, but a succession of military out on the south lawn of the White dictators have looted it and left its people permission to address the House for 1 House. We are not going to vote for a minute and to revise and extend her re- impoverished. Since he seized power in 1993, General Abacha’s tolerance for corruption debt ceiling that does not have fun- marks.) and international drug dealing and his gross damental change in it. Ms. PELOSI. Mr. Speaker, on Novem- abuses of human rights have made matters We believe, as the last Democratic ber 10, Nigeria’s military junta, under considerably worse. CBO director does, that the President the leadership of Gen. Sani Abacha, Mr. Saro-Wiwa was targeted because he is defending the low ground when he hanged eight human rights activists, has been an effective leader of the Ogoni peo- talks about Medicare premiums. including Ken Saro-Wiwa, president of ple who inhabit Nigeria’s main oil-producing Let us make a few things perfectly the Movement for the Survival of the region. He mobilized campaigns to win com- clear. Medicare part B is optional. If Ogoni people, and seven other human pensation for environmental damage caused the senior citizens do not want to pay by the oil industry and pressed for a modest rights activists. share of oil revenues to be diverted from the the premium, they do not have to. Mr. Speaker, this was an insult to pockets of the military toward the needs of Madam Speaker, I submit for the humanity, and this behavior was out- the Ogoni people. RECORD the following article from the side the circle of civilized human be- This popular movement has brought mili- Wall Street Journal about the Medi- havior. ‘‘Nigeria is one of Africa’s most tary repression to Ogoniland. The alleged care part B premium: richly endowed countries,’’ the New crime for which Mr. Saro-Wiwa and other [From the Wall Street Journal, Nov. 14, 1995] Ogoni leaders have been sentenced to death, York Times wrote in a recent article, MEDICARE PREMIUMS ARE TAKING CENTER the killing of four moderate Ogoni chiefs, oc- ‘‘but a succession of military dictators STAGE IN BUDGET BATTLE BETWEEN CLIN- curred during clashes between moderates and TON, REPUBLICANS has looted it and left its people impov- a militant young faction. erished. Since he seized power in 1993, Mr. Saro-Wiwa was not even in the vicinity (By Hilary Stout and Laurie McGinley) General Abacha’s tolerance for corrup- when these clashes occurred. The United WASHINGTON.—Laura Tyson, one of Presi- tion and international drug dealing and States State Department has protested the dent Clinton’s top economic advisers, went his gross abuse of human rights have lack of due process, and the British Foreign on national television this weekend to de- made matters considerably worse. Office has strongly deplored both the trial clare a ‘‘defining difference’’ between the ‘‘Mr. Saro-Wiwa was targeted be- and the death sentences. But more is needed, White House and Republicans in the escalat- ing budget debate: the issue of Medicare pre- cause he had been an effective leader of and fast. International businesses should normally miums. the Ogoni people who inhabit Nigeria’s try to stay clear of domestic politics. But And last night, President Clinton vetoed main oil-producing region. He mobi- the direct connection of this case to the oil legislation to keep the government from lized campaigns to win compensation industry, the reliance of the Abacha regime temporarily closing down today largely be- for environmental damage caused by on oil revenues and the looming threat of cause of an $11 difference in monthly Medi- the oil industry and pressed for a mod- international sanctions make this an excep- care premiums. est share of oil revenues to be diverted tion. Oil companies, especially Shell, histori- The irony is that the GOP Medicare meas- cally the main producer in Ogoniland, as ure, which would raise the monthly pre- from the pockets of the military to- miums a few dollars to $53.50 instead of low- ward the needs of the Ogoni people.’’ well as two American-based companies, Chevron and Mobil, should use their influ- ering them on Jan. 1 as current law pre- The editorial goes on to say, ‘‘This pop- ence with Nigeria’s Government in Mr. Saro- scribes, is something that the administra- ular movement has brought military Wiwa’s behalf. tion could probably support in another con- repression to Ogoniland.’’ TransAfrica, the African-American lobby- text. Mr. Speaker, Mr. Saro-Wiwa was exe- ing group that led the economic boycott ‘‘I think, in a sense, the president is de- cuted, and he did nothing wrong. He campaign against apartheid in South Africa, fending the low ground on this’’ says Robert did nothing wrong except speak out for has been urging an oil embargo against the Reischauer, former director of the Congres- Nigerian dictatorship. That is a drastic step, sional Budget Office, now an economist at the Ogoni people, for environmental the Brookings Institution. protection, and for the end of the deg- but it begins to look like the only way to slow General Abacha’s ruinous course. By BEST WEAPON radation of the environment of those executing Mr. Saro-Wiwa, the general would Mr. Clinton objected to the stopgap spend- people. powerfully strengthen TransAfrica’s case. ing bill for a number of reasons—including, I think this Congress should call on Justice demands not only the commutation he said, because its deep, across-the-board Shell Oil Co. to use its leverage to en- of Mr. Saro-Wiwa’s sentence but his imme- cuts would hurt education and environ- courage democracy and freedom of ex- diate release. mental protection programs. But the White H 12314 CONGRESSIONAL RECORD — HOUSE November 14, 1995 House chose to make Medicare premiums the promise with the GOP would be politically b 1900 focus of its public attacks. The president’s tough. advisers believe Medicare is their best weap- The other objection is a procedural one— SPECIAL ORDERS on in the budget fight, and they have sought but it, too, is laden with politics. Instead of to turn the entire budget debate into a bat- The SPEAKER pro tempore (Mr. saving the Medicare premium increase for tle over the federal health program for sen- TAYLOR of North Carolina). Under the the giant balanced-budget package, Repub- ior citizens. Public opinion polls suggest this licans attached it to the temporary spending Speaker’s announced policy of May 12, strategy is working. measure, designed simply to keep the gov- 1995, and under a previous order of the Yet the Medicare premium increase itself ernment running while the White House and House, the following Members will be isn’t a do-or-die issue for many elderly and Republican congressional leadership nego- recognized for 5 minutes each. consumer groups, not even for the powerful tiate a balance-budget deal. President Clin- American Association of Retired Persons. f ton calls this ‘‘blackmail.’’ ‘‘What we have said is that we recognize that seniors need to be part of the solution,’’ says A STRONG MOTIVATION PRIORITIES MUST BE John Rother, legislative director for the ESTABLISHED IN BUDGET group, which has 33 million members. ‘‘And But the GOP has a strong motivation for that sacrifice is better borne by premium in- pushing the issue now. Most elderly people The SPEAKER pro tempore. Under a creases’’ rather than through higher might not notice the proposed increase if it previous order of the House, the gen- is enacted soon. deductibles and copayments, which affect tleman from Florida [Mr. FOLEY] is the sickest beneficiaries the most. That’s because Medicare premiums are de- recognized for 5 minutes. Here’s what the premium battle is all ducted from beneficiaries’ monthly Social Mr. FOLEY. Mr. Speaker, I bring to about: Five years ago, the last time the fed- Security checks, and Social Security recipi- eral government shut down because Congress ents are scheduled to get a 2.6% cost-of-liv- the floor today some of the mail I have and a president were squabbling over the ing increase as of Jan. 1. That means the av- received, and I want to share it, both budget, the eventual legislative deal wrote erage Social Security check will rise to $720 pro and con, for what we are doing here into law the dollar-amount of Medicare pre- from $702, according to the government. If in Washington. miums for the ensuing five years. The idea Medicare premiums grow to $53.50 on Jan. 1, Gloria Chamberlain from Stuart, FL: was to set the amount elderly beneficiaries recipients’ checks will still be higher after would pay at 25% of the total program cost, the monthly Medicare deduction—$666.50 on DEAR REPRESENTATIVE FOLEY: Please do with general tax revenues subsidizing the average, compared with $655.90 today. not give in to the Democrats in Washington rest. (When Medicare was first enacted 30 concerning the budget or Medicare. The polls years ago, the elderly were expected to pay But if Republicans wait to negotiate high- are wrong and the people are with the Re- 50% of the premiums.) er Medicare premiums in a budget deal, Med- publicans. Stay firm and tell the White But because the program costs didn’t rise icare premiums will fall on Jan. 1 as sched- House that big government days are over. as much as lawmakers anticipated, the 1995 uled, then spike up. And the GOP would most Thank you for all you are doing and please charge, $46.10 a month, actually amounted to likely take the public blame at the worst stand firm. 31.5% of the premium costs. That was to be possible time—the beginning of a presi- rectified Jan. 1, 1996, when the law prescribed dential election year. Mike Salyers, Fort Pierce: ‘‘Support that premiums would be set at 25% of costs, The timetable for the GOP becomes even what you are doing. Hang in there. no matter what the dollar amount was. That more urgent because the Social Security Ad- Need a balanced budget.’’ means they were scheduled to actually drop, ministration needs to know the premium by Diane Crisco, Port St. Lucie, FL. to $42.50 a month. tomorrow in order to make the changes for Balance the budget. She does not care But Republicans want to save the Treasury the monthly checks that go out Jan. 3, ac- if Government shuts down. Solve immi- money—and, Democrats charge, pay for their cording to an agency spokesman. He said the gration problems. proposed tax cuts—by keeping the premiums agency’s computer experts are trying to fig- at 31.5% of costs, which would amount to ure out a way to move the deadline back a Lisa Carroll, Stuart, FL. Do not back $53.50 a month. Administration officials ac- few days. down. We must balance the budget. cuse Republicans of trying to balance the The AARP’s Mr. Rother insists that higher Mr. Gus Heck from Stuart. Mr. Heck budget on the backs of the elderly and trying premiums should be considered only as part wants Congress to drop the riders in to sneak their budget priorities past the of a comprehensive Medicare-overhaul pack- president by attaching them to the tem- the continuing resolution and debt res- age, not as an add-on to the stopgap spend- porary spending measure. Republicans con- olutions. ing bill. ‘‘The issue of premiums is part of tend that it would be irresponsible to lower the larger questions surrounding the shape Richard James of Stuart. ‘‘Get rid of premiums. and size of Medicare,’’ Mr. Rother says. add-ons. You are holding the President A RESPONSIBLE THING TO DO back from signing CR because of extra Both he and other advocates of the elderly The decision to set premiums at 25% of stuff on bill. Stop holding America hos- are concerned about the premium increase in costs, despite the dollar amount, was part of the context of the entire GOP health pro- tage. Very angry. Voting Democrat President Clinton’s 1993 deficit reduction gram. ‘‘When it comes to 31.5%, assuming next time.’’ package, which passed Congress without a it’s in the Medicare budget bill,’’ and not in single Republican vote. A number of Demo- On Medicare we got a lot of responses the stopgap spending bill, ‘‘we can live with crats involved in those negotiations say that from seniors. We sent out 117,000 re- it, provided there are protections for low-in- they didn’t expect premiums to actually de- quests for information. We have re- come people,’’ says Gail Shearer, director of crease because of it. In fact, many privately ceived over 6,000 back. Many people health-policy analysis for the Washington of- believe that keeping premiums at lest at fice of Consumers Union, which publishes support us but would like to stay on current levels is the responsible thing to do. Consumer Reports magazine. the regular Medicare plan. Would con- Mr. Reishauer said, ‘‘31.5% as part of a fun- sider an HMO. damental structural change in Medicare is Currently, the poorest beneficiaries receive entirely appropriate, especially when com- Medicaid subsidies to help pay for Medicare Ms. Presensky from Fort Pierce bined with a surcharge on upper-income premiums, copayments and deductibles. somewhat opposes, wants to know beneficiaries,’’ as called for in the GOP plan. Under GOP plans to revise Medicaid, the more. Stresses take away fraud not ‘‘Medicare is a very expensive program. And health program for the poor would be turned benefits. She cannot get an HMO where it’s going to have to be one that’s supported over to the states in the form of block she lives. We are hoping to change not just by the general taxpayer and those grants. The legislation would require states that. But she wants decreases in food paying payroll taxes, but also by the bene- to spend a certain percentage of their funds stamps, decreases in foreign aid, de- ficiaries.’’ on the poor elderly, but, with premiums ris- An idea put forth by some Senate Repub- ing, advocates are worried the aid won’t creases in welfare, and increases in vet- licans to freeze premiums at $46.10 in the cover everyone who needs it. erans benefits. stopgap spending measure stumbled yester- We have Ms. Sutter from Port St. day afternoon, but some lawmakers were STILL COMING OUT AHEAD Lucie. Strongly supports the Repub- hoping to make it the basis of a future com- lican plan. Would stay with regular promise. An administration official involved 1996 1996 Medicare, and she can do that. Sup- in the budget deliberations privately con- 1995 current GOP pro- ports Medicare, decreasing food cedes that keeping Medicare premiums at law posal the current level ‘‘wouldn’t be the worst stamps, decrease in the National En- thing in the world’’ in the context of an Average monthly Social Security payment ...... $702 $720 $720 dowment for the Arts, decrease in the overall balanced-budget package. But, the Monthly medicare premium deduction ...... 46.10 42.50 53.50 B–2 bomber, decrease in foreign aid, Actual monthly Social Security check ...... 655.90 677.50 666.50 official adds, accepting any Medicare com- and a decrease in welfare. Supports November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12315 veterans benefits. Please see that Con- that their service maybe was impor- ments, that we were not allowed to gress puts some teeth in the new Medi- tant but not as important as other speak; then we were told we were not care Preservation Act. Since its incep- things. allowed to ask questions; and finally, tion, the Medicare program has been Priorities must be established in this we were not even given a copy of the riddled with fraud. budget. Priorities must be established conference bill that has been mostly Mr. Speaker, I want to spend a mo- for those who have served our country worked out in secret by the Republican ment on that. I think it is significant and served our people, but there are so leadership in the House and the Senate. that we in Congress face the fact that many things that are wrong with our So once again, Mr. Speaker, this there is tremendous amount of fraud in system. If we close our eyes and say ev- process continues. The Republican our system of Medicare. We read and erything is fine and go back to spend- leadership does not want the American see the reports on TV, we see the spe- ing, and spend, and spend, and spend, people, and certainly not the Demo- cial reports that many of the news sta- this Nation will not clean up its fiscal crats in this House, to know what they tions have done, and it is appalling. It house. are doing. They hammer out secret is appalling that in this Nation there I urge my colleagues as we continue agreements, in the case over the budg- are entrepreneurs in the health care in- the debate on Medicare to stress for et, over Medicare and Medicaid, with- dustry that are ripping off our society more scrutiny on those that would rip out having any Democrats participate for hundreds of millions of dollars. off our elderly, those that would rip off in the process. It certainly is not fair, We have to focus on these problems. our society and waste our tax dollars it is outrageous, and it goes against We have to find ways to find those per- through fraud and abuse. the very democratic process that this petrators of the crime and take their f House and this institution are supposed licenses away, take their opportunities to be all about. to do business away, lock them in jail ORDER OF BUSINESS These are important issues. The dif- like the criminals that they are. It is Ms. KAPTUR. Mr. Speaker, I ask ferences between the House and the amazing to me that people can rip off unanimous consent that I be allowed to Senate bill on Medicare and on Medic- our system for the hundreds of millions switch my special order with the gen- aid are significant. For example, in of dollars and walk away and say, well, tleman for New Jersey, [Mr. PALLONE]. nursing home standards. We know that we are going to get fined $10,000, so my The SPEAKER pro tempore. Is there in the Senate bill they continue the theft of $100,000 certainly works out as objection to the request of the gentle- Federal nursing home standards. They a better fiscal advantage for me. woman from Ohio? do not in the House bill. How do I know Mr. Speaker, I get that in letters There was no objection. what the difference is and what has constantly from my constituents say- f been worked out in conference? I will ing to me, MARK, we have a lot of prob- probably have to read about it in to- lems. REPUBLICANS ARE SECRETIVE morrow’s newspaper. Let me read this letter from Maria ABOUT CONTENTS OF BUDGET We also know there was a significant Rooney in Jensen Beach. She opposes RECONCILIATION difference with regard to pensions, be- the plan but would like to stay on reg- The SPEAKER pro tempore. Under a cause in the House version basically ular Medicare. previous order of the House, the gen- corporations are allowed to dip into Just a few lines to support my choices. I tleman from New Jersey [Mr. PALLONE] their employees’ pensions to use for am 75 years of age and I work at a stand-up is recognized for 5 minutes. various purposes. In the Senate bill job every day. It also includes lifting cartons Mr. PALLONE. Mr. Speaker, I was they were not allowed that. I read this of merchandise. I continue to contribute to just listening to the gentleman from morning in the Washington Post that Social Security and to Federal income tax. Florida talk about Medicare and the the conference has worked out a plan I feel that Medicare can remain the same if budget, and I guess my response, ini- controls be placed on it. Too many are tak- which says that a controversial provi- ing advantage of food stamps and welfare tially, is that I just wish I knew what sion that would allow corporations to making it an impossible situation for the was in this budget reconciliation, as we withdraw excess money from workers’ poor elderly who must depend on it. call it, and what is coming out of the pension funds to pay for other employ- The veterans fought for our country. Many conference. Because one of the things ees and retirement benefits is appar- in impossible situations, locations and living that outrages me is the whole process ently in the conference bill. conditions. Many were away from home for that the Republican leadership has It is nice I read it in the newspaper, years. used from the very beginning in deal- Immigration is out of control. At one point but there is no indication at this point in time people were sent back to their coun- ing with Medicare and the budget, and as to what really happened. Certainly tries because of very strict health rules. Now that is that we, as Democrats, do not not the intricacies of what happened. we take them in knowing they are not in the know what is going on. I also got a press release today with best of health. Is this in the best interest of Mr. Speaker, they started out by regard to my home State of New Jer- our country, which is bent on taking help bringing up the bill in the Committee sey. Some of my Republican col- and aid from our own poor and elderly? on Commerce, in the Committee on leagues, in fact half of them on the Well, Marie, we are very concerned Ways and Means, in some cases with- other side, voted against the Medicare about that. There is not a person on out any hearings, in some cases with bill and against the Republican budget my side of the aisle that is trying to very few hearings, giving us drafts of bill, as did I, because they thought it take benefits away from people who the bill either on Medicare, Medicaid, was unfair to the State and it would have worked their entire life serving in or the other reconciliation items either hurt senior citizens in the State of New the military or seniors that are enti- the night before or sometimes the Jersey. tled to benefits. We are increasing the morning that we were expected to vote An AP story comes out and says New benefit ratio. We are spending more on it. Jersey office estimates higher Medic- money. We are going from $4,800 to This process continued today. I was aid funds for the States. Apparently, $6,700. We are increasing 40 percent on really outraged when I went over to the conference, which I have not seen, our Medicare spending but we are the Senate today. Last night those of includes another $654 million in addi- targeting illegal immigration. us who were conferees on the budget, tional money beyond the House version Mr. Speaker, it is amazing to me how those of us who were supposed to work in the bill for the State of New Jersey. our immigration law have become so out the differences between the House Of course, they failed to point out that lax; how people have been able to take and the Senate, were told last night current law would provide $6 billion advantage of the system of govern- that there was to be a conference at 3 more. So, in effect, we have lost about ment, those that have served. I spoke o’clock this afternoon over on the Sen- $5.5 billion because of what came out in at a veterans day ceremony this week- ate side. When I went over there with the conference report. end, and it is sad to me that people, my other colleagues from the Commit- Again, Mr. Speaker, it is a constant men and women, have lost their lives tee on Commerce and from other com- effort to be secretive about what is in pursuit of freedom in this country mittees we were first of all told there going on, to reveal items in press re- and we are telling them, in some cases, were not going to be any opening state- leases or in the newspapers the next H 12316 CONGRESSIONAL RECORD — HOUSE November 14, 1995 day and try to put a positive spin on spend more money every year on Medi- tion and telling them that Jeb Bush them, but there is no positive spin. care per person. Our spending, and re- and his running mate wanted to abol- The bottom line is that this Medicare member these numbers, our spending ish Social Security and Medicare. Just bill will cut Medicare to basically pro- goes from $4,800 per person under Medi- scare tactics entirely. vide tax cuts for wealthy Americans care to $6,700, 7 years from today, per Why is he doing that? The national and that is what this conference report person under Medicare. We will in- press corps, they got all fired up on is apparently doing. The bottom line is crease spending every year for the Med- Willie Horton a number of years ago. that it is going to destroy the Medicare icare Program. Not quite as fast as Now they will not even get fired up program as we know it and make it im- some people on the other side of the over what Lawton Chiles is doing in possible for seniors to stay in a tradi- aisle would like us to spend, but we can Florida, in an orchestrated plan to tional Medicare program, forcing them do it. It is happening in the private sec- scare the senior citizens of this coun- into HMOs where they will not have a tor. try. Speaker after speaker gets up say- choice of doctors. b ing we are going to kill Medicare; we With regard to Medicaid, the same 1915 are going to destroy medicare. thing is true. Medicaid will no longer All we want to do is slow the rate of It is a good program. We have to keep be an entitlement. People who are growth. The way we do this is by offer- Medicare. We have to save Medicare. I poor, who fall below a certain income, ing more choices. Why should we not know they want to save Medicare, too. whether they are disabled or pregnant allow choices to be offered? All Federal But stop talking this rhetoric. We have women, whether they are children, in employees right now have a choice of to agree on what we want. many cases they are not going to be plans. We get to choose. Why should The head of the Democratic Party of entitled to health care coverage in the not seniors be given the right to choose Kentucky quoted as saying, I think way that they have it now, because a plan? That is all we are talking white-haired people are scared and that this bill, no matter how it is hammered about, slowing the rate of growth, sav- ultimately helps us. out, is not going to provide them the ing the plan, and giving seniors the Come on. Here is a part of the Demo- same level of health care, and in some right to choose. And all the Members cratic strategy that someone happened cases a lot of them may not get any on the other side of the aisle want to to get a copy of. Some Democratic health care at all. do is say, that we are scaring seniors, strategy. The quote in there is. The I am really outraged again that here we are going to destroy Medicare, we natural inclination for people is to we are at the eleventh hour before going to kill Medicare. That is wrong. think that the GOP wants to cut Medi- being told by the gentleman from Let us talk about the facts of what care, not to make it more efficient but Texas [Mr. ARMEY] that on Friday we the President is doing. He said, oh, we to hurt the elderly. We need to exploit will most likely vote on the budget bill do not want an increase in Medicare this. that includes these terrible changes in part B premiums. Oh, my golly, we do Mike McCurry, the White House Medicare and Medicaid, and to this not want to do that. We cannot have an press secretary said, ‘‘Eventually they day, even those who have been ap- increase in Medicare part B premiums. would like to see the program just die pointed to the conference, who are sup- The Medicare part B premiums today and go away. You know, that is prob- posed to work out the details of this are $46.10. When President Bill Clinton ably what they would like to see hap- bill, have not been told the details of was first elected it was $31.80. They pen to seniors, too, if you think about the bill. It is an outrage. have gone up $14.30 a month since his it.’’ f election. Do you know what happens? He apologized for it, but it is scare Next year is an election year. So he tactics. They should stop. Let us get DEMOCRATS EMPLOYING SCARE wants to have them go down. down to serious things, the business of TACTICS TO FRIGHTEN ELDERLY Medicare part B premiums have gone saving Medicare. The SPEAKER pro tempore. Under a up for 29 out of the last 30 years. But f previous order of the House, the gen- next year is an election year. So we are REPUBLICAN RECORD ON tleman from Florida [Mr. MILLER] is going to let them go down. And imme- recognized for 5 minutes. diately after the election, his budget MEDICARE Mr. MILLER of Florida. Mr. Speaker, shows they go up 10.2 percent. In fact, The SPEAKER pro tempore (Mr. I rise today to talk about Medicare tac- for 6 years following next year’s elec- TAYLOR of North Carolina). Under a tics that are taking place by our tion, under the President’s budget, previous order of the House, the gentle- friends on the other side of the aisle they go up 89 percent. woman from Ohio [Ms. KAPTUR] is rec- and the administration. They are scar- Why is he saying, ‘‘We do not want to ognized for 5 minutes. ing senior citizens. As the Wall Street increase the premiums on part B, we Ms. KAPTUR. Mr. Speaker, I do not Journal editorial talks about, ‘‘Scare want to let them go down,’’ and then often come down into this well in a the Elderly Tactics’’ are going on right after the election, jump them? That is harshly partisan manner because I do now, and I think it is wrong. the type of scare tactics, the type of not think most of the issues facing the It is sad that they are trying to scare thing that should not be taking place country are either Democrat or Repub- the senior citizens of this country and in this debate. lican, but tonight I really felt com- to make them afraid they will lose Seven years from today, the Presi- pelled to come down here as a Demo- Medicare. When the President talks dent’s projections on Medicare part B crat in memory of a marvelous gen- about we want to destroy Medicare, premiums are $83 a month. Our projec- tleman that many of us served with that is scare tactics, and that is wrong tions are $87 a month, $4 a month dif- named Claude Pepper from the great to do to the seniors and the elderly of ference. Let us get serious about this State of Florida. I hope our dear man, this country. debate and get on with the real issues. Representative Pepper, is listening to Let me first of all talk about briefly In Florida, my home State, Members us tonight because he was the man who what our proposal is on Medicare. First of the other party are experts on scar- knew the history of the Social Security of all, we all know Medicare is going ing seniors. Finally the Washington and Medicare Programs better than bankrupt and we have to do something press corps is becoming a little aware any other Member that I ever had the to save Medicare. We all agree to that. of this. The Florida press corps is very privilege to serve with. My friends on this side of the aisle, the aware of what Governor Chiles did in I know what he would say if he were Democrats agree, the Republicans the last election. He specifically scared standing here tonight. He would look agree. We all want to keep Medicare. It seniors to get elected last November. to the Republican side of the aisle and is an important program. It is an es- There is no dispute about the facts. say: ‘‘I served here when Social Secu- sential program. We have to keep it Last November, his campaign and the rity was first debated and passed. Let alive and we have to save it for future Democratic Party spent $360,000 the record show there was not one Re- generations. So we all agree to that. phoning seniors during the last 2 weeks publican vote that stood on this floor The way we save it, Mr. Speaker, is before the election saying there were in support of the Social Security Pro- to slow the rate of growth. We will some fictitious senior citizen organiza- gram.’’ November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12317

I was elected many years after the program a program that does not not follow NEWT GINGRICH, everyone Claude Pepper was elected, in 1982. In keep the integrity of the system, be- followed him and they could not turn March of 1983, we had to restore the cause it gives people so many choices back, and she is an elderly middle-class health of the Social Security Program. to operate out and go into other plans lady. No name is given. NEWT GINGRICH What happened in that election year of that in fact you lose the insurance and ROBERT DOLE, their proposal is 1982 was, the American public saw that, base, the universal insurance base of cruel and disgraceful to senior citizens, with the election of large numbers of the current program. and it is terrible what they are doing Republicans in 1980, the Social Secu- So I can just say that this Govern- to this Government. It is criminal. rity Program was again threatened. ment shutdown is absolutely unneces- These are not words that their Claude Pepper stood on this floor, and sary. A thousand Federal workers in Congressperson has put in their there was not a dry eye in the House my district today were furloughed. As mouths. It is what they are perceiving when he finished. We passed a bill in a result, three of our local Social Secu- and what is happening in this debate March 1983 to restore, restore the rity offices are operating with a skele- that is such a loud and irreverent health of the Social Security Program. ton staff. Telephone calls are going un- sound. So I find it somewhat ironic when I answered today from in our district. It is important then for the facts to hear the crocodile tears from the other Collectively, these offices could have be laid upon the table. I voted for ap- side of the aisle all of a sudden being served hundreds of people. propriation bills: transportation, agri- real interested in trying to save Social I do not see why we have to wait culture, the legislative appropriation Security and save Medicare, when the around here until Friday. What is bills, the bills that were put before this Republican Party has fundamentally wrong with the Republican Party? It’s Congress have been voted for by many never supported the two most popular the same thing that has been wrong of us. programs that have been enacted in with the Republican Party since the The problem is that they have not on this century. 1930’s. They have never believed in the the Republican leadership gone Now, in fact, if it had been up to the Social Security and Medicare Program through the Senate and reached the Republican Party, we truly know those for all of our people. desks of the President of the United programs would not have happened. If f States. In actuality, some of those we look back to the Medicare program, areas that are now shut down, 800,000 The SPEAKER pro tempore. Under a consider this: From 1952 to 1965, 13 employees across this Nation, includ- previous order of the House, the gen- years, the Republican Party used every ing the 18th Congressional District, tleman from Michigan [Mr. SMITH] is delaying tactic possible not to allow a could be operating if those appropria- recognized for 5 minutes. Medicare bill to get on this floor. It tion bills that were passed by this was bottled up in committee for over a [Mr. SMITH of Michigan addressed House that many of us voted for had decade and a half. When the bill finally the House. His remarks will appear gone through the process, and now emerged, 97 percent of Republicans hereafter in the Extensions of Re- were facing, are before the President voted against Medicare in 1960. In 1962, marks.] for his signature. That did not happen. 86 percent voted against Medicare. f That is not the fault of the Demo- Then in 1964, thank God for Lyndon cratic minority. That is actually the BUDGET RECONCILIATION Johnson, 85 percent of them voted fault of the process of the House of against Medicare. The SPEAKER pro tempore. Under a Representatives under the leadership of So tonight we have got the entire previous order of the House, the gentle- the Republican Party simply not work- Government of the United States shut woman from Texas [Ms. JACKSON-LEE] ing. What do we have now? down. Seniors in my district are not is recognized for 5 minutes. On this day, November 14, 1995, we being served. Seventy a day are being Ms. JACKSON-LEE. Mr. Speaker, I have a simple proposition for all those turned away, over 400 phone calls, 400 think it is important to simply take a who are still dismayed about this dis- visitors, people we have not been able moment and answer some of the many course. to serve in Toledo, Ohio today because calls and concerns that have been ex- The simple proposition is to pass a of inaction by the Republican Party. pressed by all of our constituents, simple continuing resolution. Would Now we hear these very same people frankly. you realize that now in the heat of de- telling us, oh, they really want to save The gentleman from Florida preceded bate that the Republicans who foisted Medicare. They really want to save So- me and offered a whole litany of calls this upon us last week have now cial Security. Please, do not deny his- that he may have received and letters dropped all of these provisions. Were tory. that he might have received. And I they that important? Should we have From the very beginning, what has think the American people need to slid them under the table to devastate the Republican Party stood for? It has themselves stop for a moment, for Medicare, to keep Catholic Charities stood for voluntary plans, voluntary there is certainly a great deal of ire, if and the Boy Scouts from lobbying the plans with no guaranteed financing and you will, and anger about this process. Federal Government? They got Federal no guaranteed benefits. I am not sure if they heard clearly in funds to undermine the environmental So tonight we have watched people— the colloquy that was between the protection system that we put in place, I know their offices are being called be- leader of the Democratic Party and the to undermine the criminal justice sys- cause seniors all over this country majority leader, indicating that this tem? All of that requires healthy and know what is happending—stand down Congress would be in possibly Friday, separate debate but not on a continu- on this floor and act as though they Saturday and Sunday. ing resolution. That should be clean have had this change of heart. I do not Clearly, let me emphasize that many and simple to keep the doors of this think there is any change of heart at of us voted last Friday to remain in Government open so that the Social all. It is the same old struggle that we session, I for one to continue this proc- Security offices are open, the veterans had from the time of Franklin Roo- ess. But if we would look at the order offices are open, the IRS offices are sevelt. That is the struggle on whether of things, in actuality, the Republican open, so that the people can work for you truly believe in the integrity of majority did not follow the stated the American people. Then to lift the these programs, that these are a con- schedule of the House, and that is to debt ceiling so that we can reasonably tract of trust between generations, or complete the appropriations process in discuss the budget and we can decide what are they trying to do? September of this year. whether we want to go toward the 21st In the resolution that we are stuck For all of the debate and all of the century by cutting education so dras- on and we cannot move out of this Con- dismay that is being cast about, this tically, by increasing Medicare pre- gress, they are trying to increase Medi- dilemma is caused specifically because miums from $43 to $53. care premiums. They are trying to we do not have the appropriation bills I would venture to say, if the Amer- change the program to what Speaker before the President of the United ican people got a chance to participate GINGRICH calls a Medicare program States of America. So when a constitu- in that, they have already said it with that will wither on the vine by making ent writes, please tell the Member do some of their voices, they would argue H 12318 CONGRESSIONAL RECORD — HOUSE November 14, 1995 that they would not want to see that increase in the Medicare Part B premium, a sidized by the Government. It is now a occur. That should be separate from restriction on political advocacy by certain little bit more than two-thirds sub- the crisis that we face today because non-profit groups, provisions relating to regu- sidized by the taxpayers, one-third paid the appropriation bills have not been latory reform. by the beneficiaries, senior citizens. passed. In addition, the resolution would reduce Who are these folks? Those are peo- But the commitment has been made funding levels for certain programs such as ple working right now, some of them on the floor of this House. We will be the Low-Income Energy Assistance Program, making only $50,000 a year, supporting here Friday, Saturday, Sunday, be- the Goals 2000 school reform programs, the children, sending them to school. cause the Members of this House, those AmeriCorps Program, and the Community De- Tough. They cannot even afford to of us who have voted against this cha- velopment Financial Institutions Program to 60 have their own medical care, but they rade, want to make sure that, one, we percent of the fiscal year 1995 allocation. have to support senior citizens. That is put people to work for the American With respect to the debt ceiling legislation, what it is, one-third by senior citizens, people. That is the key. As this letter the House leadership inserted provisions that two-thirds by the rest of the taxpayers. said, grow up, I say, act like respon- would prevent the President from having the Next year, 25 percent paid by the ben- sible adults we have all mistaken you flexibility to manage various Government eficiary, 75 percent paid by the other to be. Doing the right thing can be funds to enable the Government to meet its taxpayers; one-quarter, three-quarter summed up in one simple word, com- debt obligations. The results under the pre- relationship. Eventually, year 2002, 18 promise. tense of saving Social Security, this effort percent will be paid by the beneficiary, To that constituent, we have willing would gut Medicare. I want to save both pro- remaining 82 percent paid by the other on the House floor and in committee to grams. This has also caused our Government taxpayers. All we are trying to do is compromise. We were willing to vote to lose credibility in international capital mar- maintain the same ratio, one-third, for a clean streamlined continuing res- kets. two-thirds relationship, because we olution and to lift the debt ceiling so In addition, the majority Members of this cannot afford to have this kind of rela- that we can confront the issues of House propose legislation today that would tionship. There is no money to sub- budgeting and balancing that budget in endanger the Social Security trust funds. I op- sidize this any more. a fair and bipartisan manner. posed this legislation. Medical costs keep going up, so we Mr. Speaker, I hope that we can produce a all have to pay a little more. Senior b 1930 clean continuing resolution and a clean debt citizens have to pay a little more, a few To my Republican colleagues the real ceiling bill. It is the right thing to do. dollars a month more. The remaining question is: f taxpayers have to pay a little more to Are you prepared to do that, to an- subsidize this. Let us take a look at swer the American people, and be able 87 VERSUS 83 the second to see what is happening. to handle this in a manner that serves The SPEAKER pro tempore (Mr. Why are we having this trouble? Let us well as we move into the 21st cen- TAYLOR of North Carolina). Under a us take a look at this. The senior citi- tury? previous order of the House, the gen- zens paying $42.50, $46.10 a month. That I will be here to work; will my col- tleman from California [Mr. KIM] is is all they are paying. Actually costs leagues be here to work? recognized for 5 minutes. about $150. The remaining balance is Mr. Speaker, I must rise today to express Mr. KIM. Mr. Speaker, before I joined subsidized by the other taxpayers. This my profound disagreement with the legislative this body, I had been an engineer all was the Republican plan, keeping one- process surrounding two bills: The consider- my life, practicing engineering. Engi- third to two-thirds relationship be- ation of the continuing resolution to provide neers are good at dealing with the facts cause the hospital costs keep going up. temporary funding to keep the Government and numbers because numbers do not Eventually we are going to ask senior functioning; legislation to extend the debt ceil- lie. What I like to do tonight is not at- citizens to pay a little ore each month. ing in order for the Federal Government to tack anybody, just present facts, ex- By the end of the seventh year, end up meet its debt obligations. actly what is happening, why the Gov- paying $87 a month. Our Federal Government is in crisis today ernment has to be shut down, and I They say, ‘‘My God, it is a huge in- because the House leadership focused all of leave up to your judgment. I wish the crease.’’ Let us take a look at Mr. Clin- its energy during the first hundred days on a people in California listen to me care- ton’s plan. Contract With America instead of making sure fully tonight. His plan is at the end 7 years $83 a that the appropriations bills for fiscal year There are two problems. One is so- month, only $4 difference. Eighty-seven 1996 were on schedule to be considered and called Medicare part B premium. It is versus eighty-three, this is such an im- signed by the President before October 1, cutting too deep; in other words, rais- portant issue so that Government has 1995, and avoid disrupting the Government, ing Medicare part B premium to sub- to shut down? Federal employees and the American people. sidize tax credit to rich people. That is Let us take a look at the second, how At this time, only three appropriations bills the whole idea. I am going to talk to pay for these things. Interesting. have been signed into law. Those bills are Ag- about that, break it into two parts. Let Take a look at the second. Mr. Clinton riculture appropriations, Energy appropriations, me explain to you what is exactly hap- proposed actually next year that the and military construction appropriations. I pening in Medicare part B. senior citizens premium will go down voted in favor of those three appropriations The Medicare plan has a part A and and go up again. Why is that? It is a bills. The President vetoed the legislative part B, two sections. Part A is to pay question of it happens to be election branch appropriations bill because he thought for all the hospital costs. It is financed year. it was improper for Congress to fund its own by payroll taxes, 1.45 percent by em- I am not accusing anybody. I want to operations before making sure that executive ployee, and employer match. Then take a look closely at what are the big agencies were funded. The House and Senate money will be deposited into hospital differences here. Eighty-seven versus passed another legislative branch appropria- trust fund. Then money will be spent eighty-three; is that really critically tions bill and that bill and the Transportation for all the hospital costs. That is an important to shut down the Govern- appropriations bill are waiting to be cleared issue for some reason. ment for this? Why do we lower the and sent to the White House. I also supported Part B is an issue. The whole argu- next year premium and then raise it the latest version of the legislative branch ap- ment is part B. What is it? Part B is all again? Why? This is exactly what hap- propriations bill, the Transportation appropria- the expenses outside of hospital costs pened to part B. tions bill and the Foreign Operations bill. such as doctor’s bill, such as out- I want to take a look at this, make I am concerned about the process on these patient, and et cetera. That is paid by your own judgment. Let us talk about two bills because the Congress traditionally the senior citizens from their own the second issue. has passed continuing funding resolutions and pocket and then the rest of them sub- The rich people do not pay their debt ceiling extension legislation without add- sidized by the Government. share, and we are taking advantage of ing extraneous provisions unrelated to the pur- Let me tell you exactly what happens them at the expense of poor people, pose of the bills. Some of the extraneous mat- now. Used to be the 50 percent paid by putting all the poor people out in the ter that was added to these bills included an the senior citizens, the other half sub- cold to pay for huge tax cuts. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12319 My time is up already. I will talk other Baltic States. Diplomats were widow. Noticeably missing from this about this tomorrow night. told to leave immediately. Consul Gen- meeting was a clear apology from the f eral Chiune Sugihara moved his family Government for its treatment of to a dingy hotel and continued to write Chiune Sugihara. TRIBUTE TO THE LATE CONSUL visas. The Sugiharas were ordered to Immediately after Lithuania became GENERAL CHIUNE SUGIHARA leave. Even as he was boarding the an independent state in 1991, the coun- The SPEAKER pro tempore. Under a train to leave, Consul General Chiune try named a street in Kaunas after previous order of the House, the gentle- Sugihara continued to issue visas from Sugihara. Lithuanian Prime Minister woman from Hawaii [Mrs. MINK] is rec- his train carriage window. In Septem- Adolfas Slezevicius in 1993 arranged a ognized for 5 minutes. ber 1940, Japan signed a tripartite pact pilgrimage to Sugihara’s hometown Mrs. MINK of Hawaii. Mr. Speaker, I with Germany and Italy. Yaotsu in Gifu Prefecture, central rise to honor the late Chiune Sugihara The Sugiharas spent their remaining Japan, to lay a wreath on Sugihara’s of Japan, credited with saving the lives war years at various diplomatic posts memorial cenotaph. of thousands of Jewish refugees fleeing in Germany, Czechoslovakia, and Ro- In August, 1993, the Education Min- Poland in 1940. Chiune Sugihara died mania. They were eventually captured istry, one of the most conservative an unsung hero in 1986, but recently his and held in a Soviet prisoner-of-war branches of the Japanese Government, story has been brought to inter- camp until 1947, when the Sugiharas agreed to have Consul General Chiune national distinction as the ‘‘Japanese were finally allowed to travel back to Sugihara’s story published in a text- Schindler.’’ This quiet man of courage their home country. book for Japanese senior high school is now being honored after 55 years in Upon his return, the Japanese For- students. a series of events worldwide, including eign Ministry dismissed him from dip- Consul General Chiune Sugihara is today’s gala tribute in New York City lomatic service and struck his name being recognized for his greatness by by the Holocaust Oral History project. from their records because he had dis- the Holocaust Oral History project Chiune Sugihara was assigned to obeyed their instructions. Nonetheless, through organized exhibits and trib- Kaunas, Lithuania in 1939, as the Con- Japan had honored his handwritten utes, and a newsletter helping to link sul General where the Japanese Gov- visas and allowed these Jewish refugees survivors. His noble bearing on world ernment assigned him to report on So- into the country, helping them to find history must be validated on a global viet actions and German war inten- permanent locations. scale and the Japanese Government tions. The Nazi World War II slaughter Chiume Sugihara lived out the rest of must find the words to apologize to of Jews had begun and scores of Jewish his life without any acknowledgement this humble servant who understood families sought to escape from Eu- of his heroic deeds. He worked as a his action was necessary in those times rope—mostly from Germany, Austria, door-to-door lightbulb salesman, the of terror, no matter what his own per- and Poland. In September 1939, the most menial job any person could take sonal punishment might be. He and his German invasion of Poland caused to support his family. Later leaving his family have endured poverty and igno- Jews to seek refuge in Lithuania, many family in Japan, he went to work for a miny for over 50 years. Sugihara’s deci- who desperately wanted to find passage Japan import company in Moscow sion to act in defiance of his Govern- to safer lands. First, they needed to where he stayed for 16 years. Shortly ment, because he knew to do otherwise find visas. before his death at 86 in 1986, Israel would mean certain death for these in- Japanese Consul General Sugihara awarded Sugihara the Righteous nocent people, is the highest calling of and his Wife Yukiko received numer- Among Nations Award, its highest our humanity. ous reports of appealing Nazi crimes honor, in recognition of his humani- Chiune Sugihara embodied the spirit against, Jews. Not long afterward in tarian actions, and later named a grove of love and the conscience of a saint. July 1940, a line of Jewish families of cedars after him in Jerusalem. Yet His heroic deed shines forth to formed on the Sugihara doorstep, this man who was second only to Swed- enkindle and comfort all in this world who still search for hope. pleading with the diplomat to issue ish diplomat Raoul Wallenberg in the The following are my personal re- them transit visas for passage through number of Jews saved from the Holo- marks made in New York City at town Siberia into Japan via the Tans-Sibe- caust did not receive an apology from hall on November 14, 1995, in the trib- rian Railway. Without the assurance his own Government, allowing him to ute for this great man. that they would only transit through die in disgrace, literally in exile. INTRODUCTORY REMARKS BY CONGRESSWOMAN the Soviet Union, it was virtually im- Notable are the 6,000 Jews who PATSY T. MINK, AT TOWN HALL, NEW YORK possible that Soviets would allow Jew- sought passage from Consul General CITY, NOVEMBER 14, 1995 ish families to enter. He had however Chiune Sugihara through the Trans-Si- Distinguished guests, Mrs. Yukiko persuaded them to allow passage berian Railway from Japan to the Sugihara, Hiroki Sugihara: through the Soviet Union provided he Dutch Indies, Australia, New Zealand, I have the deep honor and privilege to in- could gain transit through Japan as Palestine, and the Americas. Among troduce Mrs. Yukiko Sugihara, the widow of visa-holders was Zerah Warhaftig who the late Chiune Sugihara, whom we have well. come to honor tonight. Consul General Sugihara cabled met with Sugihara to arrange visas for It was Mrs. Sugihara and her family who Japan three times asking permission to others as the head of the Committee to paid the heavy price of banishment for their issue transit visas. He was denied three Save Jewish Refugees. Warhaftig later ultimate exercise of moral responsibility and times. His desire to help seemed became a signatory to Israel’s declara- for the love and compassion they felt for the doomed. tion of independence and the country’s Jewish refugees who flocked to them for help in those dark hours of death and despair. But gaining his family support, Con- foreign affairs minister. Menahem Consul General Chiune Sugihara was born sul General Chiune Sugihara then Savidor, another saved by Sugihara, on January 1, 1900 of samurai class. He was made a conscious decision to defy the later became speaker of the Knesset. well educated, schooled in the art and dis- Japanese Government. From July 9, Sugihara issued visas for Mir Yeshiva, cipline of diplomacy, learned in the language 1940 to August 31, 1940, he wrote more the only yeshiva to survive the Holo- of his assignments, fluent in the Russian lan- than 2,139 transit visas by hand, saving caust, which settled in Kobe, Japan. guage, destined for high posts, he was highly nearly 10,000 Jews from the Holocaust. In recent years, survivor upon survi- regarded by his associates. He adapted easily He carefully kept a list of all these vor of the Holocaust have come forth, to his assignments. His nature is revealed by reports that he even joined the Russian Or- documents which have been incredibly with the knowledge of whose signature thodox church. He was a rising star in his found in the archives of the Japanese brought them to safety. Sarah ministry. He knew that it was his job to Foreign Ministry. Gershowitz Levy of Fresno, CA; Jack carry out the wishes of his government. In the same summer. Nazi Germany Friedman of Orlando, FL; and Rita From his desk in Lithuania in 1940 he be- and allied Italy occupied most of East- Wenig of Pikesville, MD are among came keenly aware of the violent scourge of ern and Western Europe. Japan had re- those thankful for Sugihara’s coura- hate that condemned the Jewish people to isolation and death. mained aligned, but not yet allied, geous actions. In that fateful summer of 1940 shortly after with Germany through the Comintern In 1991, the Foreign Ministry took its he was assigned to Lithuania as Consul Gen- Pact of 1935. In late summer of 1940, first steps to restore Sugihara’s honor eral, thousands of Jewish refugees were flee- USSR annexed Lithuania and the two by meeting with Yukiko Sugihara, his ing Poland and other places. His consulate H 12320 CONGRESSIONAL RECORD — HOUSE November 14, 1995 being the only one open, besides the Dutch, their staff writers, and the headlines prime of their life right at this time they climbed the fence in desperate search said this: Balanced Budget Plan is Real because we are headed for very serious for a way out. Their cries for help burned his Issue. problems, not in the distant future, but soul. He frantically sought permission three Let me repeat that, that the Wash- in the near future. The President’s own times from his ministry in Japan. Each time he was refused. Finally the fourth time he ington Post said this morning, ‘‘Bal- trustees over Medicare have said, they was ordered to close the consulate. Time had anced Budget Plan is Real Issue,’’ and said in their report issued in April, run out. then the story says this for the news that the Medicare system was going to How could he turn his back on these people analysis: be broke in 6 or 7 years if we do not do and their agony? If he did not help, we knew For all the vitriol, all the finger-pointing something. A few months ago the Of- they would die. Talking to his wife and to and all the carefully staged, photogenic fice of Management and Budget, the his five year old son, together they decided events, the current bickering between the President’s own Office of Management they had but one course to take. They had to White House and Capitol Hill has very little and Budget, put out a memo that said help. They knew the risks and personal dan- to do with the actual bills in question. The that by the year 2010, if we do not gers. But not to help was to condemn these real issue is not Medicare premiums, tem- families to certain death in the dreaded porary approval to spend government money change things, we will have annual ovens of hate. For the next 29 days until the or even the government debt limit—it is the yearly deficit losses each year of over a consulate was ordered closed this time by coming confrontation over the Republicans’ trillion dollars a year, and by the year the Russians, he wrote out by hand 2138 visas plan to balance the budget by 2002. 2030, Mr. Speaker, have over $5 trillion at the rate of 300 a day, issuing them in the For congressional Republican leaders—es- a year. last day from his hotel room and at the train pecially those in the House—the goal is get- Mr. Speaker, if we have losses, yearly station as he was departing from Lithuania. ting the president to the table to negotiate a losses, of $5 trillion, we would abso- History tells us that his act of honor and deal on their terms to wipe out the deficit in lutely destroy the standard of living of personal sacrifice saved the lives of upwards seven years. our children and grandchildren. They of 10,000 Jews. Now this is from the Washington Acting against the explicit orders of his could not buy a tenth of what we buy government, he did what his conscience cried Post, and they say the real issue is the today. out to do. Chiune Sugihara knew he had the balanced budget. Our Republican lead- In 1994, last year, Paul Tsongas, the paper, the pen and a noble purpose. Each ers went to the White House last night former Senator from Massachusetts parchment upon which he placed his seal was with no preconditions. The only thing who was a liberal Democrat when he a license to live. they have said, they said they will be was in the House and Senate, he wrote His disobedience is immortalized by the willing to negotiate anything except an article for the Christian Science thousands of lives he saved. He took the rare they want the budget to be balanced Monitor, and he said that the young and unexpected route of personalizing the within 7 years. Most of the people curse of war and hatred and choosing to save people of today will pay average life- lives. His story is a remarkable drama of around this country think that we real- time tax rates of an incredible 82 per- courage. ly should be able to do it much faster cent if we do not make some changes. We understand that a diplomat is re- than that, and I can tell you that I Is this what we want to do to our chil- quired to follow unquestioningly all or- think almost anyone with ordinary dren and grandchildren, make them be- ders of his government. We understand common sense and average intelligence come, as he put it, indentured servants there can be no exceptions or substi- probably could come here and balance for the Government? I do not think tutions of personal judgment. the budget much faster than 7 years, there is anybody out there who wants Consul General Sugihara acted with ex- but with all the competing interests in- us to do that. traordinary clarity of personal responsibil- volved, that seems to be the best that James K. Glassman wrote a few days ity. He served his government with great we can do. But I am sure there are ago in the Washington Post a column honor and tragically he was not accorded many people across the country to- entitled ‘‘The No-Cut Budget.’’ He that recognition by his government during night who are sitting there thinking, pointed out that under our budget that his lifetime. Stripped of his diplomatic ‘‘Well, yes, the balanced budget would badge, he struggled to provide for his family we passed in both the House and Sen- after the war ended. He sold light bulbs on be good, but would it really make a dif- ate, the so-called Republican budgets, the streets, worked in a US PX, and finally ference to me?’’ and I say to them that, there are no cuts, that each year Fed- was hired to work in Moscow far away from yes, it would because almost every eral spending goes up about 3 percent. his family. His village erected a statue for leading economist in this country tells It increases about $50 or $60 billion him, a garden of cedars bears his name in Je- us that this $5 trillion national debt we every year. rusalem, and a street reads his name in Lith- have is like a gigantic chain hanging Medicare, we have gotten into that, uania. But in the official records of his gov- around the neck of our economy. It is and that is the second big point I want ernment there is yet to be placed that holding us back. wreath of honor and tribute for Chiune to make. We did not cut Medicare. We Sugihara. Mr. Speaker, times are good now for have not cut Medicare. In fact what we I turn my thoughts to Mrs. Yukiko some people, but they could and should have passed is to give huge increases in Sugihara. And ask her to come to the po- be good for everyone if we had handled Medicare spending. In my own State of dium to present her remarks. With my our fiscal affairs in a better way and Tennessee Medicare spending goes up warmest personal Aloha and affection, may I we were not so deeply, deeply in debt. from a little over $5,000 a year to over present Mrs. Yukiko Sugihara. People making $5 and $6 an hour could $7,000 a year at the end of this time. f and should be making $10 or $12 an We need to get this message out, Mr. hour. In addition to that, while we do Speaker, because the American people BALANCED BUDGET PLAN IS REAL not have much of an unemployment are being fooled by lies, distortions, ISSUE problem, Mr. Speaker, we have a tre- and propaganda at this time, and I cer- The SPEAKER pro tempore. Under a mendous underemployment problem. tainly hope they do not fall for it. previous order of the House, the gen- We have many college graduates who f tleman from Tennessee [Mr. DUNCAN] is cannot find jobs except in fast-food res- recognized for 5 minutes. taurants and jobs like that, and that AMERICANS HURT BY Mr. DUNCAN. Mr. Speaker, I rise to- should not be, Mr. Speaker, and things GOVERNMENT SHUTDOWN night to briefly make a couple of could be so much better if we would get The SPEAKER pro tempore. Under a points, and I do not think I will take our fiscal house in order and try to bal- previous order of the House, the gen- all the 5 minutes, but I wanted to read ance our budget, and the downside of it tleman from Missouri [Mr. GEPHARDT] just the first part of an amazing story is, if we do not, we are headed for some is recognized for 5 minutes. that was in the Washington Post just major economic problems in the years Mr. GEPHARDT. Mr. Speaker, I want this morning. The Washington Post is ahead. to rise to speak tonight about the shut- certainly no conservative publication, Mr. Speaker, we frequently say that down of the Government and what it it is no Republican newspaper. In fact, what we are talking about doing, that means in human terms to thousands its political policies are considered to it is for our children and grand- and thousands of people around the be very liberal, and yet this morning children, and, yes, it certainly is. But country and to say to Members that they had a news analysis by two of it is also for the people who are in the this is a very serious action that we November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12321 really do have to remedy in the very The first thing that happened this We will be trying, through the en- near future because lots and lots of morning was she was very concerned dorsement of these two pieces of legis- people are being hurt, and, as each about her other son, who lives in New lation, we will try to get on the floor hour and day passes, more, and more, Orleans, who is in the Marines. She is and ask unanimous consent three or and more people will be hurt and dam- concerned about his life. Had we not four times a day to bring up these aged by the failure of this Congress to been there to answer the phones this pieces of legislation for 24 hours or 48 come forward with a continuing resolu- morning, us, to help this young man hours of continuing resolution. We tion. get through the system, which we have must continue to say to people what is Just on day 1, 28,000 of America’s sen- done, we have told him how to do it, happening, and we must continue to iors and workers have been unable to who he has to go talk to, and poten- try to bring the situation, which is apply for Social Security or disability tially how to get a hardship case to be unexplainable and intolerable and to- benefits. The Social Security offices brought back or taken and transferred tally morally wrong, to the attention are not open because of the furlough to someplace else, his mother for the of the American people, so that if peo- that happened today, and that simply first time will probably have some ple feel strongly about this, they will means that people who have reached comfort that somebody is working on contact their representatives, we will the age of 62 or 65 and wanted to apply that. get the votes to pass one of these bills, today for these benefits were not able These are not veterans, but they are and we will get these offices reopened to do that. military, and they are part of the sys- which are so important to the Amer- Mr. Speaker, I yield to my friend, the tem of defense of this country that we ican people. gentlewoman from Florida [Mrs. are ignoring. They have problems that f THURMAN]. they come to us and to our staffs with Mrs. THURMAN. I just thought of a all the time. LET US BALANCE THE BUDGET little story that happened just recently Mr. GEPHARDT. I thank the gentle- The SPEAKER pro tempore (Mr. in Ocala, FL. This is a very interesting woman again. TAYLOR of North Carolina). Under a story. It was their 30th anniversary of What I want to say to the Members previous order of the House, the gen- being there and they asked us to come tonight, Mr. Speaker, and I do not have tleman from Kansas [Mr. TIAHRT] is in and we did, and we talked about all enough time left to go through more recognized for 5 minutes. the kinds of things that were going on, stories, but what I hope that we can do Mr. TIAHRT. Mr. Speaker, we are and we looked at their new computer in the days ahead is two things: One, facing a dilemma here in the United systems and how quickly they were tomorrow I will be circulating among States. It is called the Federal debt. able to answer questions. But what Members two pieces of legislation and This chart shows the Federal debt, the they had was an office full of folks out asking for their cosponsorship. One amount of money that is included. It is in the front area. will be a 24-hour continuing resolution, just close to $5 trillion. It is 4 trillion, and the other will be a 48-hour continu- b 985 billion, 3,913 million, and on and on 1945 ing resolution. I hope to get as many and on. I want to give you an idea just I said, ‘‘What are all those folks Members as cosponsors as we can pos- how much money that is. If you had doing there?’’ They said, ‘‘Well, they sibly get. gone in business the day Christ rose have come here because they have a Second, Mr. Speaker, I hope to bring from the dead and lost $1 million that problem with their Social Security, to the floor continuing facts and infor- day and every day until today, you they did not get their check. We are mation on what is happening out in the would only be one-fifth of the way to trying to track it down. The are trying country as a result of our failure to losing this much money, one-fifth of to get on the service themselves,’’ all move forward with this continuing res- the way in almost 2,000 years. these different things that these folks olution. This is a manufactured crisis. The problem is now the linchpin of come to these Social Security offices This does not need to happen. I under- the struggle between the President and for. stand we have a dispute about the his liberal supporters and the Amer- Let me tell you what the mayor of budget, I understand that both sides ican people and their Representatives the city of Ocala said in the resolution, feel strongly about their views. I will in Congress. The American people want in recognizing their 30-year anniver- not take the time tonight to go a balanced budget. The House and the sary. They bring into that city $45 mil- through the views that are on this side. Senate have passed provisions to bal- lion a month, a month, to help. That But I must report that we do not need ance the budget and continue Govern- helps that economy within that city. to manufacture a crisis in order to ment, but the President, Mr. Speaker, Those folks are not there today, and bring about a solution to that problem. the President has chosen to shut gov- they are very, very concerned about No one needs leverage in this discus- ernment down. what is going to happen to those people sion. This is very clear. The President does and their benefits. The Republican side has all the lever- not want a balanced budget. The Amer- Mr. GEPHARDT. I thank the gentle- age they need. They have a majority in ican people and Congress do want a bal- woman for that story and contribution. the Congress. They can pass the legis- anced budget. Let me show you what I am sure that as the days roll on here, lation that they want to pass. The the President has offered. His budget we are going to have hundreds and hun- President has a veto. The President that was sent to Congress over the next dreds of stories of individuals who have can veto bills or sign bills. Then we 10 years never does balance. In fact, had real problems in their life because have to bring bills back and send them when you get out to the last year, 2005, of our inability to continue these need- downtown to try to get them signed. it is $200 billion in deficit. I have a con- ed government services. But to make innocent Americans the trasting chart that shows the dif- Two hundred thousand of America’s victims of our inability to solve this ference between what we are doing seniors today have tried to get the 1– disagreement is simply morally wrong. with the Congress, this is the blue line 800 help line for Social Security and We should not be doing it, there is no that starts here and goes down to a bal- have gotten no answer; 7,649 of Ameri- excuse for it, there is no reason that in anced budget by the year 2002, and the ca’s veterans have been unable to file the days ahead we should not be pass- President’s budget, which continues at compensation pension and education ing at least a 24-hour continuing reso- about a $200 billion deficit every year. benefit claims or adjustments. lution. If people are then unhappy It is kind of like my uncle, John Arm- Mrs. THURMAN. Mr. Speaker, if the about the pace of the talks and the ne- strong, says: ‘‘If you don’t want to do gentleman will continue to yield, the gotiations, they can then vote against something, any excuse will do.’’ first thing that happened to me this the next 24-hour continuing resolution, Mr. President, we are tired of you morning, it was a very sad case. A but we ought to give the American peo- looking for excuses. The President woman in my district’s son who was a ple what they have paid for, which is says, ‘‘Send me a clean continuing res- police officer in New Orleans, non-re- the services that these kinds of veter- olution, a clean debt limit ceiling, and lated, was killed. She just brought his an’s offices and Social Security offices I will start government up again.’’ But body home and he has been buried. are there to bring. let us look when the liberals controlled H 12322 CONGRESSIONAL RECORD — HOUSE November 14, 1995 the House of Representatives. Since going up 4 percent each year for 7 forced the President to veto this legis- 1977, there have been 57 continuing res- years, a total of $1 billion. lation because of all the riders at- olutions. In the 1980s they hung an en- The bottom line is ‘‘No more cheap tached to it. Then, after the President tire annual Federal budget on one con- excuses for shutting down the govern- vetoed the CR, the Republicans blamed tinuing resolution. This is not uncom- ment, no more duplicity, no more dou- him for shutting down the Govern- mon. bletalk.’’ Let us balance the budget. It ment. But the American people are not But on the same path of inconsist- will lower interest rates 2 percent, ac- buying it, and the American people are ency as the President and his alleged cording to Alan Greenspan, from the beginning to realize just how mean- desire to balance the budget, Chief of Federal Reserve, chairman of the Fed- spirited and extreme the Republican Staff Panetta says, he said on Novem- eral Reserve, and that will affect every agenda is, and they do not like it. ber 9, ‘‘Don’t put a gun to the head of American, every household, every fam- Along with this extreme agenda, the the President. It is a form of terror- ily. Balance the budget. Let us not American people are also against the ism.’’ Further on he said, ‘‘Republicans have any excuses. Let us have a bright Republicans blackmailing and refusing are now obviously resorting to a form future for our children and our grand- to compromise. The Republicans need of blackmail in order to push their children. to stop playing blaming games and get agenda onto the country. That is not f down to business and do what the peo- an acceptable choice. This is black- ple sent them here to do. You know, I THE GOVERNMENT SHUTDOWN mail.’’ often say, ‘‘You can fool some of the But when Mr. Panetta was in Con- The SPEAKER pro tempore. Under a people some of the time, but you can’t gress, and when the liberals were in previous order of the House, the gentle- fool all of the people all of the time,’’ charge, he said about the debt ceiling: woman from Florida [Ms. BROWN] is and the American people are waking up ‘‘This is the only vehicle we have as we recognized for 5 minutes. to the Republican party. close these days before recess to try to Ms. BROWN of Florida. Mr. Speaker, Mr. KINGSTON. Mr. Speaker, let me bring the American public what I think when I was a kid coming up, my favor- be first to say that in my concept of is a very important issue, and it relates ite television show was ‘‘Dragnet.’’ new technology, we could install them to our ability to control spending and Sergeant Joe Friday used to indicate on both the Democrat and Republican to provide a shared sacrifice in terms constantly, ‘‘The facts, ma’am, just the microphones, so that when a Member of our approach to dealing with the facts.’’ That is what I want to discuss of either party get off the farm and re- deficits in this country.’’ That was on here today, how did we get in this mess ality we could have a little beep come June 28, 1984. with this Government shutdown, and on. It was an idea in technology. just the facts. I thought my good friend from Texas On the continuing resolution he said, You know, instead of doing what we was going to ask to yield the floor and ‘‘Having to adopt another continuing should have been doing, working on the see if we could set up a study commit- resolution in this process, I know the budget and the appropriation bills nec- tee for this truthometer on the micro- chairman and the Members of the Com- essary to keep the Government run- phone. mittee on Appropriations would prefer ning, the so-called leadership of this Mr. GENE GREEN of Texas. If the consideration and passage of separate House had us waste over 3 months on gentleman will yield, Mr. Speaker. I bills, but I think we have to recognize the Contract on America, a campaign will be glad to talk about the veracity the reality that we must pass on a reg- gimmick that most Americans have of polygraph tests. ular basis massive continuing resolu- never even heard of, or, for those who Mr. KINGSTON. If it is polygraphs, tions, and whether they like it or not, have, did not really care anything the technology is out there, and that is these continuing resolutions set na- about it. the point. If we could just do this, I tional priorities, they send signals, As a result, it is mid-November, and think it would be great. they lock us into a future in one way only 4 of the 13 appropriation bills have Mrs. THURMAN. Mr. Speaker, will or another.’’ That was September 22, been approved by Congress, 11⁄2 months the gentleman yield? 1982. It was okay for the liberals in the after all appropriation bills were due. Mr. KINGSTON. I am happy to yield Democrat-controlled Congress, but Republicans still have not passed only to the gentlewoman from Florida. now, it is ‘‘blackmail.’’ four of them. To me, this is unbeliev- Mrs. THURMAN. Mr. Speaker, will Which way is it, Mr. Panetta? Is it able, how 800,000 Federal workers have the gentleman tell me who has control ‘‘the only vehicle to bring to the Amer- been furloughed, many veterans and over what is truth and what is false? ican public a very important issue,’’ or seniors will not receive their benefits Mr. KINGSTON. The American peo- is it a form of terrorism, as you said on on time, and the Republicans continue ple. November 9? Is it that ‘‘We have to rec- to blame the President. I would also say maybe we can put in ognize the reality and set national pri- The question I have is this: How in some Math-101 classes so when folks orities,’’ as you said on September 22, the world can the President be blamed say Medicare going from $4,800 to $6,700 1982, or is it a form of blackmail, like for this shutdown when only 4 of the 13 is a cut, we can work on that, because you said on November 9? appropriation bills have reached his maybe they can do that without the I think the American public is tired desk? In addition, he does not have a beep being triggered. There could just of the doubletalk, Mr. Panetta. They vote in this House or the Senate. The be some misunderstanding on what want to lock us into a future, all right, answer is that he cannot be blamed for number is greater. but it is a future with a balanced budg- this. The responsibility lies on the Mr. Speaker, I do want to point out et. It goes well beyond—this double leadership, the Republican leadership one thing, though. There has been dis- talk goes well beyond the Chief of Staff in this Congress. They are the ones who cussion about attaching things to this Panetta and the President’s alleged have failed to do what they were sent bill that has put the President in this balanced budget. It goes to cuts on here to do. The Republicans are also bad position. In the words of the budg- Medicare. We are actually increasing the ones who have been threatening to et director, the Chief of Staff, and I be- the payments of Medicare from $4,800 shut down this Government if the lieve I can quote him without causing per year as an average recipient to President does not cave in to their ex- any ruckus, the Republicans are now $6,700 per year in 7 years. It is the same tremist agenda. obviously resorting to a form of black- on college student loans. They are It was the Speaker who said last mail in order to push their agenda onto going up over the next 7 years, almost April that a Government shutdown and the country. This is unacceptable. This $9 billion. It is the same on nutrition default would be political tools he is blackmail. programs. Many of us remember that would be likely to use as a leverage to Those were the words of Leon Pa- the President went to an elementary push his extreme agenda. You know, if netta in the White House press release school and said, ‘‘School children will the Republicans really want to keep November 9. Yet, as a Congressman he starve under the Republican Plan.’’ No the Government up and running, they said, yet this is the only vehicle we children have been reported starving in would have sent the President a clean have as we close these days before this public schools. Nutrition programs are continuing resolution. Instead, they recess to try to bring the American November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12323 public what I think is a very important 408 other programs, and we slashed foreign mining interests. They cannot issue that relates to our ability to con- them from the previous year’s expendi- decide if they want to do that. So what trol spending and provide a shared sac- tures. We did that, and we still contin- has happened? We do not have an Inte- rifice in terms of our approach. ued. 1994, every bill, one more time, rior bill. That came from the CONGRESSIONAL was done again by September 30, signed The list goes on and on and on. We RECORD on June 28, 1984, which then- into law, had gone to the President. would not have to be doing what we are Congressman Panetta was saying, yes, Democrats and Republicans voted for doing today and having the pressure it is okay to put stuff on these bills. it. put on if these bills had been done and They are a good vehicle. This is the Now, I want to talk about what I see signed. We would have had an oppor- only way we can do it. happening today. Let me tell you all tunity to debate the other issues. So, Mr. Speaker, when we talk about what maybe some of you do not know. I think that is awful. But I have to the Republican Party overloading some Do you know that the Agriculture De- tell you something, and I think that of the budget bills and trying to black- partment is open? It is open toady. this is what is very interesting. First mail the President of the United Federal employees were not fur- of all, let me suggest to you all, I States, I would say there are true phil- loughed. They were not put under the called by district office, 21 new re- osophical differences. The Republican same restraints. Farmers are going to quests. I will come back here in about Party wants to reduce the size of Gov- be able to be taken care of, because another hour because I have some ernment. They want to end the this House had passed a bill, the Senate other things that I want to thank the micromanagement out of Washington. had passed a bill. They had a con- American people for doing, because I They want to give the middle class ference committee, which is the proc- believe they are the reason why we some tax relief. ess. It is to take what the House and have the difference. Yes, we are using legislative vehicles the Senate and look at the differences, Veterans and Housing programs are being to do that. Members of the minority reconcile them and then bring them delayed because Republicans have included party do not want that; I understand back to each body for them to agree or 17 demands which would weaken environ- that. But perhaps if the President disagree on. And we did that. We did mental laws. The House has rejected this bill would just agree that we want to bal- the work. And it went to the President. two times, yet Republicans don't get it. ance the budget in 7 years, perhaps we It was signed into law. But let met tell The Interior appropriations bill is being de- could scale back on all this stuff. you what has happened now on the layed because some Members want literally to I think it is important to have the other 12 bills. give away American lands to foreign mining dialogue. I think it is important to Yes, some of them have been passed interest. have a debate, but, most importantly, by the Senate and by the House. But All of these bills could now be law if only the let us put the American people first. what has happened is, in the conference excess baggage had been thrown overboard. Let us put their interests first and try committee, the conference committee, For instance, while the rest of the Government to do the right thing. and I hate to be partisan, because when is closing down, the Department of Agriculture f I came in here with my 110 new fresh- is working. Why? men, we did not make it partisan. We Because all sides were able to resolve their THE VOTERS VOTED FOR CHANGE sat down and got the work done. We de- differences and put a fair bill on the Presi- The SPEAKER pro tempore. Under a cided what needed to be reconciled. dent's desk and he signed it. previous order of the House, the gentle- But now, for example, let me tell you Some people are blaming the President for woman from Florida [Mrs. THURMAN] is what some of the issues are. The crime this action, but every school child knows that recognized for 5 minutes. and judiciary programs are being de- Congress makes law and the President exe- Mrs. THURMAN. Mr. Speaker, today layed because Republican leaders insist cutes them. If no bill has been passed, there during the debate I was not given an on rewriting the 1994 community polic- is nothing to execute. opportunity, because we only had ing program. Okay. Rewrite it. Bring it If you cannot pass the easiest of bills then about 20 minutes on each side, to kind back. You have the votes to pass it. you cannot direct the country. of explain what I think is a very impor- But guess what is stopping it. Within The Republicans simply don't pass. tant part of this process and a concern their own Senate and House conferees f that I have. It concerns specifically on their side, they cannot reach a com- The SPEAKER pro tempore (Mr. promise. They cannot agree on how to when I came into the House in 1992, TAYLOR OF North Carolina). Under a with about 110 freshmen, both Demo- do the policing program, one of the previous order of the House, the gen- most popular programs that was done crats and Republicans. Actually, there tleman from California [Mr. RIGGS] is are several of them sitting on the floor in the crime bill and was used by many recognized for 5 minutes. tonight. of our communities. Let me tell my colleagues, when I lis- Veterans and housing programs, [Mr. RIGGS addressed the House. His tened to the debate today, I was aston- something that every one of us stand remarks will appear hereafter in the ished about hearing what happened in on this floor and we talk about our vet- Extensions of Remarks.] 1980. Oh, we had 52 CRs, and this is erans and what the sacrifices were. f what has happened over and over and What is holding Veterans and Housing VOTERS REJECT GOP AGENDA over again. Well, my folks did not send programs up? Want me to tell you? A me here because they wanted to see bill that had riders that were 17 de- The SPEAKER pro tempore. Under a business done as usual. They said they mands which would have weakened en- previous order of the House, the gen- wanted a change. They wanted a dif- vironmental laws. Okay? tleman from Texas, Mr. GENE GREEN, is ference. They wanted Government to Let met tell you what is so interest- recognized for 5 minutes. run efficiently and effectively and they ing about this, the House rejected the Mr. GENE GREEN of Texas. Mr. wanted to see things happen. bill two times. They did not like the Speaker, I would like to discuss, and I Democrats and Republicans in 1993, outcome. We passed the amendment, am glad my colleague from Georgia this same date, November 14, 1993, all took the riders out. Did not like the talked about the concern of the Amer- 13 appropriations bills had been signed outcome of it. Brought it back until ican people because they hear a lot of into law. they got the results. Sent it over to the different things from the different Senate. The Senate said no. They mikes on the floor. Oftentimes the b 2015 brought it back to the House again. frustration they have and some of us Do you know what? We had big They cannot reconcile their differences even in Congress do not know what to fights. Do you know what we were able between themselves so we have no believe. to do? We actually reduced discre- spending bill so they are shut down. But let me just go over some of the tionary spending. I think some of you Then we have the Interior appropria- poll results because I have never, as a remember that. We reduced discre- tions bill that is being delayed. Why? Member of Congress or even in earlier tionary spending. We came in under Because there are some Members who life, serving many years in the legisla- our caps. We cut 40 programs. We took want to give away American lands to ture, responded to polls because I think H 12324 CONGRESSIONAL RECORD — HOUSE November 14, 1995 we need to represent people and not to an agreement among themselves on The macro-economic goal is to just polls. But the polls in the last few these funding bills, and that is why we achieve a balanced budget in 7 years weeks are the best things we know, and are so late. with 3 percent a year increases in Fed- the last month, of how Congress has In fact, we saw today in a report that eral spending. A year ago consensus been doing. I read just this afternoon that our Re- economic models pointed to a 3.1 to 3.2 Two polls were released last week publican majority was planning this percent inflation over this time period. suggesting that the American people shutdown in July of this year. So it More recently inflation projections are increasingly unhappy with Con- just did not happen on the 15th of No- have been revised downward, with Les- gress and particularly the majority Re- vember. It has been planned on because ter Thurow of M.I.T. startling the eco- publican Congress. One of them was of this showdown and laying off Fed- nomic community with the declaration conducted by the Wall Street Journal eral workers or furloughing them that inflation is dead. Whether or not and NBC and one by the Los Angeles whether they are paid or not paid. If Thurow’s assertion as Mark Twain Times reveals that voters are rejecting they are not paid, we are hurting a lot might quip is premature, the new Con- the Republican agenda and their lead- of hopefully employees that are dedi- gress has put in place a program that ers in Congress and suggest that the cated to do their jobs, but if we are in outline is intended to represent an battleground issues like Medicare will paying them, then the American people inflation adjusted freeze on spending. play a significant role in next year’s are wondering why are we furloughing Rather than radical, such an approach elections. people and then paying them when we is common-sense; rather than revolu- First of all, the Wall Street Journal finally bring them back. It is like an tionary, it is revolution-avoiding. and the NBC poll said that 59 percent irresponsible student whose assign- The question that remains in the ex- of American voters disapprove of the ment, homework is late. ecutive-legislative dialog of the month job Congress is doing. And this is an My wife is a teacher, an algebra is whether enough good will can be all-time high for the GOP Congress and teacher. She has told me this often- marshalled or enough confrontational places it close to our congressional dis- times that a student comes in and bluff avoided to allow politicians who approval last year before the 1994 elec- their homework is late. They are going feed off each other to advance the com- tions. to blame someone else. The dog ate it. mon good. In this context, the Repub- The other poll talks about 1 year out I forgot it and left it at home, all sorts lican case to stick with firm macro- from the 1996 elections, the Los Ange- of reasons. constraints would appear compelling, les Times poll released this Sunday Well, the Republicans are blaming but flexibility to accommodate certain shows Democrats ahead of Republicans the President for not getting their executive branch requested changes in for the first time since the 1994 elec- work done. The President does not priorities can credibly be considered. tions, 44 percent to 42 percent. Again, have a vote in this body. To cover up As long as the foundations and walls of not a landslide, but a year ago Demo- that irresponsibility, they are trying the new programmatic discipline fol- crats were down by 5 percent. Among to strong-arm the President into get- low the balanced budget blueprint of seniors, a key voting block in 1996, ting their way, including to force him Congress, the living-room furniture in Democrats are ahead of Republicans by to raise Medicare premiums. I did say the new house of Government can be 18 percentage points, 52 percent to 34 raise Medicare premiums, because rearranged. The Republicans aren’t in- percent. And a year ago, Republicans right now Medicare premiums are fallible; the Democrats have no monop- held the edge among seniors 45 to 40 $46.10 a month, and they would go up oly on compassion. percent. under the continuing resolution that While the President has assiduously I am glad my colleague from Georgia the President, thank goodness, vetoed made political points with program talked about the need maybe for some to $53.50 a month, and either that or constituencies, it is impressive to note type of truth meter on our mikes be- shut down government. how few issues he appears committed. cause I know the frustration of our Now we have the shutdown, and it is Part of the President’s lack of resolve constituents all over the country. But I estimated it may take 2 weeks. And may be due to the fact that he under- think their frustration is being re- presenting the President with a choice stands deficit reduction will reflect flected in the polls I just mentioned. like that is irresponsible and invites well on his Presidency, part may be Plain and simple, our Republican ma- this crisis. Again today, we heard it due to the fact that in our constitu- jority has mismanaged our financial was reported that as of * * * even in tional system the Congress is prin- affairs and our Government. They July * * *. cipally delegated purse-string author- passed only 5 of the 13 appropriations I would hope we would have a biparti- ity. The first and second estates of bills which fund the Government. And san continuing resolution, one that Government may be co-equal, but not the fiscal year started October 1, so we does aim us for a balanced budget but in all areas. While the executive has are over 45 days late, well, almost 45 does not do damage to Medicare and primacy in foreign policy, decisions on days late. The media has been talking education. taxing and spending are disproportion- about a crisis within our Government. f ately the responsibility of the legisla- There is no real crisis if we had just ture. been able to do our work on time by THE BUDGET IMPASSE Nevertheless, the Presidency is al- October 1 and passed those bills or to The SPEAKER pro tempore. Under a ways more powerful than the President pass a continuing resolution so we can previous order of the House, the gen- and however strong or weak one as- get on about our business of passing tleman from Iowa [Mr. LEACH] is recog- sesses the current occupant of the those bills. nized for 5 minutes. White House, legislators should be cau- Now the effort to blame the Presi- Mr. LEACH. Mr. Speaker, I rise to at- tioned to recognize the power of the dent for his alleged mismanagement. tempt to put the budget impasse in an veto and the authority of the bulliest In fact, Republicans controlled both historical, economic, and constitu- pulpit in the world. Houses after the 1994 elections, and tional context. Likewise, the President should be they have the majority votes to be able The big secret in Washington that cautioned not to be so intent on trying to pass all 13 bills, obviously, prior to Republicans won’t acknowledge and to establish a macho image—what the October 1 and send them on to the Democrats won’t admit is that the press has reported as a White House ef- President. The President has only ve- rhetoric of the parties doesn’t fit the fort to show that the President stands toed one bill, the legislative appropria- circumstance. The change in course for something—that accommodation tions bill that I know is ready for him that is underway in Congress is neither with Congress becomes impossible. again to be sent back up, but of the as revolutionary as conservative lead- What the public must keep in mind two bills he signed, the Agriculture De- ers suggest nor as radical as the lib- in the budget showdown is that the partment and one other one, those erals would have it. It is an effort to current process is so ad hoc. Washing- agencies are up and running. Employ- move the ship of state gradually from a ton has no relevant modern day experi- ees are not being furloughed. However, slightly left-of-center to slightly right- ence in dealing with a divided Govern- it seems like our majority cannot come of-center direction. ment in which the executive branch is November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12325 more liberal than the legislative. This ing. America is at peace with the month. Under the new congressional leads to the a-historical phenomenon world, if not quite with itself. plan the lowest reimbursement for any that the veto is being used or threat- In terms of demographics, the baby county in the country will soon be $350. ened to keep general levels of spending boom generation is at its productive The Medicare reimbursement base will up rather than particular program lev- peak. Shortly into the 21st century, thus be moved up over 50 percent for els down. For the first time in decades sometime in its second decade—demog- the most disadvantaged counties in roles have been reversed. Congress raphers suggest 2011 or 2012—the num- America today and annual percentage rather than the Executive is stressing ber of working Americans supporting increases for these counties will be tri- the need for overall budgetary con- each retired citizen is likely to decline ple the inflation rate until greater par- straint. Congress rather than the Exec- from a 3 to 1 ratio to 2 to 1. If at that ity with higher reimbursement coun- utive is trying to veto special interest time interest on federal debt is more ties is obtained. When these adjust- spending. burdensome than Social Security obli- ments are added to the innovative as- Since the 1960’s the impulse to spend gations, it is difficult to believe Fed- pects of Medicare reform, senior citi- and micromanage the Federal Govern- eral concerns can responsibly be ad- zens from rural States will in short ment has come from a Congress where dressed. As we look to the immediate order have a far stronger, more flexi- committee and subcommittee chair- future even more than the recent past, ble, choice oriented system than is cur- men have established reputations of it would appear there is simply no jus- rently in place. leadership and compassion that comes tification for deficit financing at this The economic segregation that char- from spending other peoples money in time. acterizes the current rural health care programs under their jurisdiction. In this context, the most emotive delivery system will be replaced by a Budgets couldn’t be constrained be- issue of the week—Medicare—could not much fairer, more equalitarian Medi- cause egos couldn’t be controlled. be more symbolic or consequential. care delivery system. Ironically, for all the tough rhetoric What makes Medicare particularly The new approach adopted by the America’s two political parties are not difficult in a legislative context is that House also creates a trust fund to fi- that far apart, at least in relation to it represents the conjunction of an eco- nance teaching hospitals and graduate other Western democracies. Indeed, de- nomic reality—the fact that the Medi- medical education programs, which spite the hullabaloo of the week, sta- care system is fast becoming insol- will be of particular significance for vent—and a moral imperative—the ob- tistically the difference is about 21⁄2 the University of Iowa hospital, the percent. The Democrats favor a multi- ligation to provide compassionate largest teaching hospital in the world. year plan increasing Federal spending health care to our senior citizens at an This change, coupled with the higher affordable rate. at a 51⁄2 percent per annum clip; the Re- rural reimbursement figures could be publicans 3 percent. While differences of judgment will al- critical to saving the patient treat- ways exist on systemic changes in pro- In this regard it is noteworthy that ment capacities not only of the Univer- grams of this nature, the big picture is rather than Reagan Redux, which belt- sity Hospital in Iowa City but of teach- that the new Congress has worked to way pundits have suggested is under- ing hospitals throughout the country, establish medium-term solvency and way, the new Republicans are uniquely particularly those in rural states. stability of the Medicare system with- committed to advancing, rather than For all the vitriolic arguments on out sparking a generational conflict. the floor and the sophisticated public simply professing, achievement of a Despite the rhetoric of division that opinion research that has gone into tel- balanced budget. surrounds the Republican approach, it evision commercials which are de- What the Reagan years were all deserves stressing that the Medicare signed to show that the President cares about was a President who sought an program is authorized to grow annu- about something—in this case the increased defense budget while philo- ally at 6.4 percent, which is more than young and the old—the fact is that the sophically assaulting Washington’s so- double the projected rate of inflation debate is about whether to balance the cial agenda. The compromise with a over the next 7 years. Relative to infla- budget in a sensible and socially ac- liberal Congress was an increase in de- tion, this decade’s rate of growth of ceptable time frame. fense spending, but a bigger increase in Medicare spending will thus be similar social spending. and quite probably greater than that of In this regard, it should be stressed Federal spending under President the last decade. that all Americans have a vested inter- Reagan as a percent of GNP grew by a Two changes of significance in Medi- est in greater fiscal restraint—young whopping margin, from 211⁄2 percent to care are relevant for rural States, and Americans in particular. It is those 231⁄2 percent. Federal revenues, mean- the 1st District of Iowa in particular. just about to enter the work force, while, remained static, varying each The current Medicare reimbursement after all, that will find themselves pay- year from 191⁄4 to 191⁄2 percent of GNP. formula contains a differential based ing taxes over their entire working Taxes, in other words, were realigned, on the fact that rural States were early lives to pay off the national debt for not cut, and the Reagan deficit was practitioners of progressive cost con- past legislation excesses. classically liberal: spending driven. tainment. Ironically, rather than being Of all the issues that should galva- The goal of the new Congress is less rewarded for prudence, citizens in rural nize young people, the deficit should be governmental activism; the intent is to States have found themselves penalized the largest. But deficits aren’t simply bring the budget into balance at a GNP as yearly percentage adjustments in younger Americans’ concern. Those in level closer to that which President Medicare reimbursements accentuated the so-called baby boom generation Reagan began in the 1980’s. Despite the differences in the country. who are 40 to 55 today don’t want to in- rhetorical division, this is a modest ob- Because of the efforts of rural State herit an insolvent Medicare system jective. Indeed, my guess is the new representatives—in particular, Rep- when they retire. They don’t want to Congress which has come under such resentatives GANSKE and GUNDERSON, retire when Government debt obliga- public fire for going too far is going to and Senator GRASSLEY—more than a tions are so great that the capacity to come under increased private criticism third of the differential has been elimi- fund Medicare and Social Security is for not going far enough. The issue is nated and a formula to reduce it fur- too much of a burden on too small a Keynesianism as modified by demo- ther is being put in place. These work force. graphics. Keynesian, in the sense that changes will result in more Medicare As for those who have already re- just as John Maynard Keynes argued revenues for rural States like Iowa tired, they don’t want to see inflation that a country could deficit finance to than would have been the case under ravage their savings as it did in the even out downturns in the economy or the President’s approach. More needs late 1970’s. They have every reason to deal with national emergencies, it is to be done on the differential issue, but look at 20 to 40 years of retirement obligated to pay back debt in good a giant first step has been taken. made possible by a health care system times. And these, after all, are good Indeed, many rural counties cur- that has been advanced by modern times. The country is secure; employ- rently have per citizen Medicare reim- science and made economically sound ment is strong; the economy is grow- bursement formulas of $200 to $250 per through responsible fiscal policy. H 12326 CONGRESSIONAL RECORD — HOUSE November 14, 1995 In this regard, it needs stressing I have been a Member of this body for rich plan repealed all of those nursing again and again that no one is going to 3 years representing a district in north- home standards. be happy with anyone else’s budget pri- east Ohio, and something happened We also wanted to talk about the pre- orities. I, for one, prefer a number of during that debate that troubled me as mium increases. Under the Gingrich aspects of the President’s education ap- we discussed this bill. Some of us want- plan, $270 billion in Medicare cuts and proach, am appalled by the Congress’s ed to talk about Medicare as a whole, $180 billion in Medicaid cuts over the refusal to fully fund the United Na- about the Gingrich $270 billion cut next 7 years will mean doubling of pre- tions, and would be more sympathetic Medicare plan, about Medicaid and all miums from $46 a month up to almost than the majority in my party to NPR that this pacemaker issue included in $100, will mean an increase in and the Endowments on the arts and other issues that Medicare—that deductibles from now $100 perhaps up humanities. Yet, I am convinced Amer- revolve around Medicare, and clearly to $150, to $200, maybe $250, and it will ica must come to grips with the budget when any of us goes home and goes to mean an increase in co-pays in some and strongly support the faster Repub- our district, it is pretty obvious that versions of this bill which will be voted lican timeline for deficit reduction. Medicare is on the minds not just of on for a second time in the next month. On process, let me stress that the people that are Medicare beneficiaries, They also did not try to—tried to call Democrats have fairly criticized my of actual beneficiaries today, but of us out of order when they talked about party. The appropriations bills have their children. It is on the mind, Med- how Medicaid has written out the dis- not been completed on time. This is icaid is on the mind, of people that abled, and again some of the most vul- partly the case because of the heavy have to place their parents or grand- nerable people in society, and they schedule earlier this year related to parents in nursing homes, Medicaid is also—we wanted to talk about the Republican efforts to fulfill a campaign on the minds of people that—whose spousal protection where if an elderly pledge—the Contract With America. families might have Alzheimer’s. It is man’s wife ends up in a nursing home, But, ironically perhaps, the primary Medicaid and Medicare issues that peo- and paid for by Medicaid, that the hus- reason for delay relates to the Repub- ple want to hear about, and want to band can still live in his modest home licans attempting to give the minority talk about, and want to see Congress without spending, selling the home, party expansive opportunity to amend debate, and unfortunately today, Mr. and having all the money go to the bills brought to the floor under open Speaker, as a couple of us wanted to nursing home. rules. In a body of 435, extensive use of talk about Medicare, especially specifi- All of those kinds of issues were so open rules assures a slow down of the cally, and also Medicaid, there were important, and perhaps what they ob- legislative process. Members of the majority party that— jected to the most was when I quoted who supported the Gingrich plan that Finally, let me stress that at issue Speaker GINGRICH when he said the re- are not only budget balancing and did not even want us to discuss it, that sponse to criticisms about this Medi- spending priorities but the question of continue to say, ‘‘You’re out of order,’’ care bill, about the $270 billion in cuts whether a politically divided American and try to get—try to stop us from dis- and when he obviously wanted to go Government can work and maintain cussing Medicare as a whole. much further in Medicare. He made a Mr. Speaker, the reason we wanted to the confidence of the American people. statement to a bunch of insurance ex- discuss Medicare is that in this Cham- As emotive as the issues are, we have ecutives, most of whom, is not all of ber during the day when we are actu- a responsibility to see that on an or- whom, will benefit mightily mone- ally debating legislation, not in the derly, fair, and timely basis they are tarily, their companies and they indi- evening in these special orders when resolved. vidually, from this $270 billion Medi- few Members sit in this Chamber, but In this process we have an even larg- care cut bill. Speaker GINGRICH said, during the day; we only had 1 hour of er responsibility not to divide America ‘‘Now we don’t want to get rid of Medi- general debate on the whole Medicare with inflammatory rhetoric or under- care in round 1 because we don’t think bill, and even worse perhaps, in com- cut the stature of this chamber with ir- that’s politically smart and we don’t mittee. I sit on the Committee on Com- responsible choice making. The think it’s the right way to go, but we merce, others that sit on the Commit- public’s business requires decency of believe that Medicare is going to with- tee on Ways and Means, and saw Medi- approach as well as purpose. Now is the er on the vine.’’ care and Medicaid pass through those time for personal pride and partisan Two hundred seventy billion dollars two committees with only one hearing ambition to be checked at the cloak in cuts for a tax break of $250 billion in the Committee on Ways and Means room. for the wealthiest people in society and no hearings in the Committee on with the hope that Medicare is going to f Commerce. We passed legislation wither on the vine. Mr. Speaker, it is changing a $200 billion or a $180 billion LET US TALK ABOUT MEDICARE simply not right. Medicare bill program that is $180 bil- AND MEDICAID lion a year spent on Medicare, about f The SPEAKER pro tempore. Under a $80 billion a year spent on Medicaid; we BALANCING THE BUDGET previous order of the House, the gen- changed those two programs in a big, tleman from Ohio [Mr. BROWN] is rec- big way, markedly, with no real com- The SPEAKER pro tempore. Under a ognized for 5 minutes. mittee hearings. previous order of the House, the gen- Mr. BROWN of Ohio. Mr. Speaker, And what bothered me is today we tleman from Pennsylvania [Mr. FOX] is earlier today in this Chamber we de- try to talk about nursing home stand- recognized for 5 minutes. bated a bill that was sponsored by the ards, how this Congress wants to roll Mr. FOX of Pennsylvania. Mr. Speak- gentlewoman from Nevada [Mrs. back all Federal nursing home stand- er, I appreciate the opportunity to ad- VUCANOVICH] and also the gentleman ards that have made a big difference in dress the House this evening on some from southern California [Mr. WAX- dealing with the problems of important issues, not least of which MAN]. It was a bill to make minor oversedation in nursing homes, made a would be the balanced budget. The bal- changes in the law regulating pace- big difference with the problems of ne- anced budget will be the most impor- maker safety to make sure that over glect in nursing homes, made a big dif- tant bill that we hope the President the years that Congress has been very ference with the problems that nursing will eventually sign. involved in that issue, to make sure home patients, the most defenseless You heard on the House floor tonight that Medicare does not overpay for de- people probably in society have faced about certain claimants that could not fective pacemakers, that pacemakers in the Federal Government involve- get their Social Security benefits. that are implanted in people are indeed ment 10 years ago. These nursing home Frankly all recipients of Social Secu- safe. It was a simple bill, a non- standards that this Congress passed, rity will get their benefits, but those controversial bill, a bill that had bipar- signed by President Reagan at that that may have applied today will not tisan support, and a bill ultimately time, made a big difference in these do so because the President did not that passed by voice vote or passed people’s lives in the twilight of their sign the balanced budget last night. He pretty much unanimously. years, yet this Congress and the Ging- vetoed it. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12327 Others, they say, could not get their has been rolled back, so frankly it is it changes only those things to those veterans benefits applied for today. the Republican-led Congress that is which improve targeting and tax com- Frankly those veterans will get their trying to find the ways to cut out the pliance with the program. benefits, but it has been delayed be- fraud, and abuse, and waste in Medi- In education, the Democratic budget cause the President did not sign the care, but make sure the health care balanced budget. that seniors deserve on the Medicare is provides $50 billion more in discre- The President says he favors a bal- preserved, and we can do that, and it is tionary spending than the Republican anced budget, Mr. Speaker, but yet, well helped by making a balanced budget over the next 7 years. the funds when given the opportunity by having budget, and we are hoping that the will make it possible to restore funding a bill from the House and the Senate, next time the President receives a bill for Goals 2000, title I, impact aid, drug- he failed to sign that bill which he says from the House and Senate that has free schools, and other programs that he really wanted originally. The crisis such wide support, that it in fact will were cut by the Republicans. the budg- has not been caused by the Congress, get the President’s signature because et rejects educational entitlement the House or the Senate. It has been he knows, as we know, and the Amer- cuts. caused by the President’s reluctance to ican people knew, when we can balance The leadership budget, the Repub- sign the balanced budget. our budget and make sure we stop the lican budget, makes $10.2 billion in And you say, ‘‘What’s important waste of the bureaucracy in Washing- cuts. It would raise the cost of student about a balanced budget?’’ A balanced ton, we will give the Government serv- loans by charging students interest budget will help us decrease mortgages ices people need and we will make sure during the 6-month grace periods after for families, decrease car payments, de- that the people get their money’s crease the cost of a college education, worth, just like they do from their graduation. It would increase the cost decrease the cost of health care. The State government, just like they do of loans as much a $2,500 over the re- Federal Government has a role to pro- with the local government. payment period. It will raise interest rates on parent loans. It would termi- vide services, but I submit to you, Mr. f Speaker, it is not to continue the nate direct student loan programs. waste, fraud, and abuse that we have THE FEDERAL SHUTDOWN Regarding agriculture, the Demo- seen in the Government, but rather to The SPEAKER pro tempore. Under a cratic budget makes reasonable cuts in make sure that the Federal Govern- previous order of the House, the gen- agriculture, $4.4 billion over 7 years. It ment takes care of those services that tleman from Georgia [Mr. BISHOP] is continues existing farm programs with cannot be handled by State govern- recognized for 5 minutes. reasonable cuts so that farmers’ oper- ment or cannot be handled by private Mr. BISHOP. Mr. Speaker, there has ating programs, their financing and sector. been a lot of talk about a balanced their investment plans will not be dis- The big problem you hear about is budget and what the Republicans have rupted. The Republican budget, the so- Medicare, yes, but we are going to save offered, but the record ought to be set called Freedom to Farm provisions, Medicare. The fact of the matter is the straight that they are not the only make $13.4 billion in cuts. It makes no trustees, the President’s own trustees, ones that have offered a balanced budg- provision for the continuation of agri- have said recently, just back in this et. The conservative Democrats have culture programs beyond the year 2002. last spring, that Medicare as we know offered a balanced budget which was re- It makes it more difficult for farmers it will go bankrupt if we do nothing, jected by Republicans. It was a pro- and yet you might say, ‘‘Well, how did posal to balance the budget in 7 years, to receive credit. It discourages cost- we get to that point?’’ consistent with the resolution passed efficient investments in capital equip- Well, health care goes up 4 percent a by the House. It balances the budget ment. year, but Medicare is going up 10 per- through reductions in Government pro- b cent a year, and the reason is fraud, grams while preserving the Govern- 2045 abuse, and waste, $30 billion a year in ment programs that benefit society in Also it removes the safety net of eco- fraud, abuse, and waste. maintaining the fundamental commit- nomic stability in rural communities. Our solution: a Medicare Preserva- ment of Government to its contract The President should not give in to tion Act that will create for the first with people. blackmail. The Republican leaders in time health care fraud in this country On welfare reform, the Democratic for those who abuse or commit fraud budget cuts welfare $60 billion less Congress are attempting to blackmail and abuse with Medicaid and Medicare. than the Medicaid cuts in the leader- the American people into accepting a If you commit such an offense, 10 years ship budget. The Democratic budget budget-balancing plan that pays for a jail, and you no longer can be a pro- cuts $40 billion over 7 years and the Re- massive $245 billion tax cut for the rich vider in that area. publican budget cuts $100 billion over 7 by extreme $450 billion reductions in We are also looking to reduce paper- years. The Democratic budget places Medicare and Medicaid. work costs. Currently Medicare has 12- stronger work and personal responsibil- The Republicans threaten to force percent costs just in paperwork. That ity requirements on individuals than the Government to default on its obli- should be reduced to 2 or 3 percent at the Republican budget, including a re- gations and shut down unless the most because we want to see those quirement that each individual imple- President lets them balance the budget services go to seniors. We also created ment an individual responsibility plan: in 7 years their way, a way that hurts a Medicare lockbox. Any savings in immediate job training and a 5-year seniors, hurts children, hurts farmers, fraud and abuse will in fact go back to time limit on welfare benefits. It pro- hurts rural hospitals, and hurts college seniors’ health care. We do not want to vides incentives and assistance in help- students. see, and the legislation does not pro- ing the poor get off welfare, including vide for, any increase in copay, no in- full funding for child care, full funding I am a fiscal conservative. I support crease in deductible. In fact this Con- for workfare requirement, and State a balanced budget. Conservative Demo- gress under Republican leadership has options to extend transitional medical crats offered a bill to balance the budg- given us two very good favorable senior assistance. et in 7 years that is credible, makes citizen legislations that have passed; Regarding the earned income tax reasonable reductions in Government one, the increased eligibility for sen- credit, the Republican plan would re- programs, while preserving those that iors who now presently make $11,280 a duce the size and scope of the earned benefit our Nation’s people. The Repub- year but frankly want to make more income tax credit. That amounts to a lican majority reject this fair bill. Let without a deduction from Social Secu- tax increase on the working poor. It us get a bipartisan agreement to bal- rity. They will be able to do it now as would also roll back an important tax ance the budget in a way that is fair a result of our bill. In addition, seniors incentive for choosing work over wel- and just to all Americans, not just the who have had to pay the onerous 1989– fare. The Democratic budget does not rich, but let us not give in to black- 93 tax increase on Social Security, that make these eligibility changes. Instead mail. H 12328 CONGRESSIONAL RECORD — HOUSE November 14, 1995 REPORT ON HOUSE RESOLUTION when they get bad press. This coming from tleman from Arizona [Mr. HAYWORTH] 250, AMENDING THE RULES OF Members of Congress who use the House re- is recognized for 60 minutes. THE HOUSE OF REPRESENTA- cording studio, send out newsletters, get offi- Mr. HAYWORTH. Mr. Speaker, to- TIVES TO PROVIDE FOR GIFT cial photos et cetera, et cetera. My Republican night as the shadows descend from REFORM colleagues are charging Secretary O'Leary coast to coast, it is worth noting that Mr. DIAZ-BALART, from the Com- with spending $43,000 on what every major life goes on in these United States, de- mittee on Rules, submitted a privi- corporation in America does: monitor how the spite one cable network offering a leged report (Rept. No. 104–337) on the press is receiving them. countdown akin to a spacecraft count- resolution (H. Res. 250) to amend the Yet when one compares how much Mem- down for the alleged shutdown of Gov- rules of the House of Representatives bers of Congress spend on their press sec- ernment. Life continues. to provide for gift reform, which was retaries, news letters and so on, we will find Tonight again we are reminded that referred to the House Calendar and or- that they spend much more than $43,000 on we have fateful choices to make, that dered to be printed. image. Can you imagine the nerve of my col- we have significant differences of opin- leagues who have the audacity to stand up ion; that, indeed, in many cases, we f here and accuse the Secretary of Energy of should rejoice in those differences, and REPORT ON RESOLUTION WAIVING being concerned about the image of her De- we are certainly entitled to different POINTS OF ORDER AGAINST CON- partment, when they are doing the exact same interpretations. FERENCE REPORT ON H.R. 2020, thing? I thought, Mr. Speaker, that tonight TREASURY, POSTAL SERVICE, One of my Republican colleagues from it would be important to offer the rest AND GENERAL GOVERNMENT AP- South Carolina even had the nerve to stand of the story. As one of our commenta- PROPRIATIONS ACT, 1996 on the floor last night to lambaste Secretary tors so eloquently puts it on radio on a daily basis, for example, I have the Mr. DIAZ-BALART, from the Com- O'Leary, and say, quote, ``If I as a Member of greatest respect and affection for my mittee on Rules, submitted a privi- Congress took taxpayer money entrusted to colleague, the gentleman from Georgia leged report (Rept. No. 104–338) on the my care to go out and work on somebody to [Mr. BISHOP], from the other side of the resolution (H. Res. 267) waiving points make me look better, I should lose my job.'' aisle, who was just in here talking of order against the conference report Well, maybe my colleague from South Caro- about a conservative Democrat bal- to accompany the bill (H.R. 2020) mak- lina should resign. What is your press sec- anced budget plan. I must say, indeed, ing appropriations for the Treasury De- retary for if he or she is not there to spruce up that I welcome that initiative on the partment, the U.S. Postal Service, the your image? What is more unbelievable, is part of the conservatives on the other Executive Office of the President, and that that same colleague, just seconds before side of the aisle. There remain philo- certain independent agencies for the he delivered his rumor-based attack on Sec- sophical differences, but unfortunately, fiscal year ending September 30, 1996, retary O'Leary, said an I quote, ``This is a my friends who would call themselves and for other purposes, which was re- funny town where rumors can start without conservative on the other side of the ferred to the House Calendar and or- any basis.'' He made this statement in de- aisle are in fact a minority within a dered to be printed. fense of one of our Republican colleagues who has had charges leveled against him, minority. f Yet, literally in the same speech, he then went The gentleman from Georgia [Mr. The SPEAKER pro tempore (Mr. on to accuse Ms. O'Leary of abusing the pub- BISHOP], chose to characterize the out- TAYLOR of North Carolina). Under a lic trust based solely on a rumor. So it ap- come of the vote on his self-described previous order of the House, the gen- pears that when rumors are started about Re- conservative Democrat balanced budg- tleman from Alabama [Mr. HILLIARD] is publicans, Washington all of the sudden be- et plan, saying it was rejected by the recognized for 5 minutes. comes, ``A funny town where rumors can start majority, full disclosure demands and [Mr. HILLIARD addressed the House. without any basis.'' However, if Republicans accurate counting of the vote. His remarks will appear hereafter in are the ones starting those rumors then it is The sad fact is, and I can understand the Extensions of Remarks.] OK. my friend’s frustration, the sad fact is f Mr. Speaker, this kind of duplicity just that a majority of his own party re- amazes me. In fact, the Washington Post re- jected that plan, including the minor- SECRETARY O’LEARY ported today that the Republican National ity leader. There reaches a time, Mr. The SPEAKER pro tempore. Under a Committee uses the exact same news-clipping Speaker, where we cannot be content previous order of the House, the gentle- service which the Republicans are claiming is with those who would merely talk the woman from Georgia [Ms. MCKINNEY] is a spy agency. talk. The people of the United States, recognized for 5 minutes. In fact, many corporations use such clip- in my opinion, have spoken clearly and Ms. MCKINNEY. Mr. Speaker, it appears pings services. And since Hazel O'Leary has compellingly that they want to see a that some of my colleagues on the other side been trying to run DOE more like a business, change in the culture of endless tax- of the aisle are salivating at the chance to use it only makes sense that she have at her dis- ation and spending, and yet leaders a rumor against Secretary of Energy Hazel posal the same tools that the corporations step forward, claiming one thing and O'Leary. have at their disposal. ofttimes doing another. Some of my Republican colleagues who are According to Mary McGrory in a Washington I find it especially ironic that this upset with Secretary O'Leary for not greasing Post article on May 16, 1995, she said about Nation’s Chief Executive, who made their districts with sufficient Federal lard, are Hazel O'Leary, and I quote, ``No Cabinet offi- well known in his youth his opposition trying to make a mountain out of a mole hill cer has run a department more efficiently.'' In to some of the actions taken by the as their revenge. Apparently the Wall Street fact, for the DOE which has tens of thousands President of his party in the late 1960’s, JournalÐnot known to be a Democrat-friendly of employees, to spend $45,000 on so-called in fact, it was said of that President in newspaperÐwrote that the Secretary of En- image is actually pretty good when one con- the late 1960’s that he suffered from a ergy had hired an advanced news-clipping siders what Members of Congress spend on credibility gap, how unfortunate it is service to gauge what newspapers across the image. that our President tonight suffers from Nation and the world were saying about the In closing I would advise my colleagues on an affliction that can only be described Department which she is working to reform. the other side of the isle to be very careful be- as a credibility canyon, so wide is the However, some of my bitter Republican col- fore they start spreading rumors about a Cabi- gulf between what Bill Clinton, the leagues who did not get the bacon they want- net member who didn't give them the pork candidate, said, Mr. Speaker, and what ed from the DOE, are charging that Secretary projects they wanted in order to boost their im- Bill Clinton, the President, is willing O'Leary was spying on reporters, newspapers, ages. to deliver. and was concerned about the Department's f In 1992, then candidate Clinton, on image. What a farce. national television, said that he would This coming from Members of Congress PRESIDENT CLINTON’S commit to balance this Nation’s budget who spend tens of thousands of dollars on CREDIBILITY CANYON within 5 years. As President, Bill Clin- their press secretaries who basically do the The SPEAKER pro tempore. Under a ton, earlier in this session of the 104th same thing: clip newspapers and respond previous order of the House, the gen- Congress, worked overtime on the November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12329 votes of six Members of the other body H.R. 2621, on a motion to suspend the same issues. We have taken our cam- who voted for a balanced budget rules and pass, to prevent disinvest- paign literature and made overlays. amendment in the 103d Congress. He ment of trust funds, 177 Members of the The theme of it was ‘‘Bring back re- applied Presidential pressure so they liberal minority voted no, saying, in sponsibility and control of Washington, would change their votes and that a essence, ‘‘Mr. President, Mr. Secretary DC’s financial matters.’’ That election balanced budget amendment to our of the Treasury, go ahead and raid sent a signal to Bill Clinton, and the Constitution would fail. those trust funds.’’ The irony is com- polls were at 80, 82 percent that we In 1992, Mr. Speaker, candidate Clin- pelling that those who march to the want to balance the budget. ton spoke of a tax cut for the middle well of this House day after day and In response to that event, 21⁄2 years class. Very early in his term, President claim that they are the protectors of after he has been President, he finally Clinton gave us the largest tax in- Social Security and they are the pro- submits a balanced budget plan that is crease in American history, a tax in- tectors of Medicare, and yet today 10 years. The problem with a 10-year crease affecting virtually every Amer- when they are called upon to vote to balanced budget plan is a couple ican, for it was not only on income tax, protect the very trust funds they alleg- things. One, it does not balance after 10 it was not only retroactive, taxes in- edly pledge an oath of fealty to, some- years. You have $209 billion in deficits. creased also on gasoline that every how they just cannot do it. But let me just show you how bad this American, virtually, buys. Mr. Speaker, I am joined on the floor plan was. He submitted it to the House, Then, just a few weeks ago, perhaps tonight by two of my colleagues who and the Democratic leadership was so suffering from the affliction that, Mr. are also new to this Chamber. I would embarrassed by it they would not even Speaker, you so accurately described in first yield to my very good friend, the offer it for a vote in the House as a sub- your radio address of a few weeks ago, gentleman from the golden corner of stitute. BOB DOLE submitted it to the this overwhelming need for our chief South Carolina, Mr. LINDSEY GRAHAM. Senate for a vote, and you know how executive, instead, to act as a cam- Mr. GRAHAM. Mr. Speaker, I thank many votes it got? Zero. He has never, paigner in chief, the President went the gentleman. ever genuinely thought of a way to bal- down to Houston. This is the article I am intrigued by what the gen- ance the budget in 5 years or 10 years. that appeared on the wires of the Reu- tleman is saying to the point where I Now he is saying maybe 9, 8, 7. ters news agency, with an account of came over here to join him. I just want The only way we are going to get Bill what transpired in Houston. ‘‘Clinton to say this, I know people have heard a Clinton to balance the budget is to said he knew that a lot of people in the lot. On a good day, it is very difficult make him. The only way to balance the room were ‘still mad about the 1993 to deal with the issues in Congress be- budget is to affect entitlement spend- budget,’ and, in his words, ‘they think cause they are so huge. We have a $4.9 ing. You do not have to cut, slow the I raised their taxes too much, it might trillion national debt. If any political growth down, pass the savings on to fu- surprise you to know that I think I figure tells you that it will be easy to ture generations, reform Medicare so it raised them too much, too.’ ’’ come to a balanced budget, I do not will be preserved for senior citizens, Then the following day the Presi- think they are being honest with you, options that work, that work in the dent, in a press briefing, tried to make because this is hard work, but it has to private sector. We are doing all those light of this assertion, saying that his be done with a certain sense of genu- things, but it takes two to tango up mother advised him not to make ineness. here. We have a guy at 1600 Pennsylva- speeches after 7 o’clock. I appreciate Let us talk about something you nia Avenue that will say whatever he the President’s attempt at humor. I mentioned a few minutes ago about the needs to say at the moment to get re- guess there might be some effort to President as a campaigner. I know you elected, and that is not why we got laugh, if it were not so serious and, value and I know that JOHN values our elected. That behavior is going to stop. fundamentally, if it were not so tragic. personal integrity when we deal with Where does the President stand? our constituents. Bill Clinton, the cam- b 2100 People have quoted polls here. The paigner, said that ‘‘I will submit to the Mr. HAYWORTH. Mr. Speaker, I most compelling poll or the most com- Congress a 5-year balanced budget.’’ He thank my great friend from South pelling polls are those turned in Elec- said that on ‘‘Larry King Live.’’ As a Carolina, and I am also pleased to see tion Day every 2 years to decide who candidate, he wanted to balance the our very good friend, the gentleman serves in this Congress, every 4 years budget in 5 years, because he knew from Pennsylvania [Mr. FOX], who to decide who serves in the oval office. even in 1992, that was an important joined us as one of the newcomers, one There comes a time, sooner or later, issue to the American public. I have of the 73 conservative newcomers to when we are called upon in this coun- never seen that document. That docu- this House. try to join together and to govern, and ment does not exist. Mr. FOX, welcome. I know that cer- as the gentleman serving as our Speak- When he was on television trying to tain actions in Washington have been er pointed out in his radio address of a get elected, he said something that he both disheartening and enlightening si- few weeks ago, this President seems thought would sound good that would multaneously for the gentleman. content playing the part of campaigner help him get votes, but he did not Mr. FOX of Pennsylvania. Mr. Speak- in chief, rather than Commander in mean it. I can guarantee you, if you er, I thank the gentleman for yielding Chief. Indeed, as our friend in the chair think it is difficult to balance the to me and would say that would be cer- tonight made the point in his radio ad- budget in 7 years, it would be very dif- tainly an understatement. dress, ‘‘Perhaps we ought to try and ficult to balance it in 5 years. It is I want to say that we in the freshman work on a constitutional amendment going to be difficult, no matter what. class appreciate the gentleman’s lead- that would allow this President to be But he made a statement that ‘‘I am ership. In fact, he has been a very ac- the campaigner in chief while we go going to balance the budget in 5 tive Member of the 104th Congress in look for a genuine chief executive to years,’’ never followed through with it, trying to achieve the agenda the Amer- help us govern.’’ never sat down in a room to try to fig- ican public really wants. The balanced Things are not always as they seem. ure out the numbers, to make it a re- budget amendment has been discussed The cataclysm that many have spoken ality. He said it just because he by the gentleman many times on this of that supposedly took place today thought it would sound good. House floor, and as well by the gen- with the alleged shutdown of govern- What happened when he got to be tleman from South Carolina [Mr. GRA- ment services has yet to be realized, President? A couple of things hap- HAM]. and yet those apologists for more taxes pened. In November 1994, not one single The fact is that by balancing the and more spending came to the floor of Republican incumbent lost. There was budget, we will help every family, this House today, and so great is their a sweeping change in this country. I those who have kids, those with sen- affinity for big government, they voted was the first Republican elected in my iors, because they will have more of basically to allow the executive branch district in 120 years. My Republican their dollars back in their pocket and to raid the trust funds to keep the gov- freshman class consists of 73 very, very lessen the bureaucracy. What has not ernment in business. good, dedicated people that ran on the been discussed, at least tonight on the H 12330 CONGRESSIONAL RECORD — HOUSE November 14, 1995 floor, and I am glad we have the oppor- budget that he did submit that still of this Congress, the President ap- tunity to do so, is that we have a cul- does not balance. In his budget, after peared not here at the podium but in a ture here in Washington of creating a 1996, Medicare premiums go up, and basically 5-minute live television in- bureaucracy that has regulations that over a 7-year period they go up 89 per- sert casting about for a political solu- overregulate, overspend, and do not cent. tion for a genuine problem of govern- contribute one item to the preserva- That is something he does not want ance, and he said we need to balance tion of good programs for the country to tell Americans about. We are being the budget in 10 years. but add to the cost of those programs, honest. What we are trying to do is A funny thing happened between the not in direct services. slow the growth of Medicare. We are time President Clinton stood at that I think it is also important to point going to increase spending every year podium and addressed a joint session of out that not only is a balanced budget on Medicare two-and-a-half times the Congress and when he appeared in that something all America wants, but most inflation rate. Every year we will in- brief television segment earlier in this of the Contract With America had crease spending, but we will slow it 104th Congress. Somehow the President about 100 percent of the Republicans down from 11 percent to about 6 or 6.5 abandoned the numbers from the Con- supporting it, but over 55 to 60 percent percent. We are being honest with gressional Budget Office. But, friends, of the Democrats supporting it. It was America, he is not being honest with these are the numbers. Mr. Speaker, failed to be recognized in earlier America. these are the numbers the President speeches by Members on the other side Mr. HAYWORTH. If the gentleman said would be the most accurate. of the aisle, but regulatory reform will would yield. As my good friend from South Caro- decrease the cost for businesses that Mr. GRAHAM. Yes, sir. lina indicated, look what happens. Oh, Mr. HAYWORTH. I think he makes a duplicate existing state law. yes, 1996, deficits below $200 billion. Unfunded mandates, if we believe very valid and accurate observation. The equivalent of trying to sweep Indeed, if we were to move away from that we should have something from something under the rug. But then, the metaphor of the ship of state and the Federal Government, that is some- look, from 1997 through 2005, with the talk about the House of state, if you thing we should actually fund here exception of 1998, when just barely the will, and make this President the cus- from the Federal Government. The numbers are under $200 billion, in es- todian-in-chief, what, in essence, is congressional accountability law, sence we have $200 billion deficits for going on is the equivalent of taking the which was passed, was signed by the another decade. dirt, trying to sweep it under the rug; President, and the line item veto. All Mr. GRAHAM. Mr. Speaker, would taking all the debris and simply stuff- these things were supported strongly the gentleman yield for a second? ing it underneath the couch, or within by Americans, even though Repub- Mr. HAYWORTH. I would gladly the cushions of the couch, and making yield to my good friend from South licans were the ones that sponsored it things presentable for company coming and the Republicans were the ones that Carolina. in 1996. That company being the Amer- Mr. GRAHAM. We have another dis- espoused it. ican citizens who go to the voting Frankly, with the balanced budget, tinguished Member of Congress about booth. Trying to put the best appear- and I applaud your leadership on this, to join us here, the gentleman from ance on things instead of really getting Iowa [Mr. GANSKE], who is a medical Congressman HAYWORTH, I am hopeful down to cleaning up the place. doctor. I want him to comment in a the next time the President gets a bill Now, I have to say, speaking from from the House and Senate that he will personal experience, and as my dear second about Medicare. But when we look at those numbers, do the right thing for the American wife would bear out, I am not one of we see in the year 2005 we have a $209 people, help lower the cost, and make the greatest housekeepers on earth, billion deficit. That is why no one in sure that the Federal Government is but before my wife and family come not dictating to people but providing back here on the rare occasions to visit the Senate voted for it. But here is the services that cannot be provided by the in Washington, I know I better clean important point about Medicare. He is private sector or State and local gov- that house and get it ready. I better using Medicare over and over again to ernment. clean that apartment and get it ready. justify his unwillingness to get serious Mr. HAYWORTH. Mr. Speaker, I I cannot shovel the dirt off, I cannot about balancing the budget. Even in thank my good friend from Pennsylva- just stuff the trash in amidst the cush- his 10-year budget that does not bal- nia, and as we collectively and, indeed, ions. What we have to do is make a ance, Medicare premiums go up. as a new conservative majority within fundamental change and a clean sweep People need to understand, no matter this chamber, move to bridge this of the idea of politics as usual. what happens in this Congress, whether credibility canyon, we can only do so More evidence of the credibility can- the President’s plan is adopted, wheth- by stretching out the hand of straight yon. Each time I step into the well of er our plan is adopted, whether we do talk and truth. this House, I think about those chief nothing, that part B of Medicare, Mr. GRAHAM. Mr. Speaker, if the executives who have stood at this po- which pays senior citizens’ doctor bills, gentleman would yield on that point. dium on truly historic occasions, both 31 percent of it comes from senior citi- Mr. HAYWORTH. Mr. Speaker, I Republicans and Democrats. I think of zen premiums, the other 69.5 percent would gladly do so for my friend. Franklin Roosevelt on December 8, comes from the Treasury, no matter Mr. GRAHAM. Let us talk about the 1941, discussing the events of the pre- what we do, the premium part is going truth. The truth is that two-thirds of vious day as a date which would live in to go up. The question is how much it the Federal budget entails entitlement infamy. I think of President Ronald goes up. spending and interest element of the Reagan coming back to address a joint There is a $7 difference between our national debt. session of Congress after a would-be as- plan that balances in 7 years and the People probably do not realize this at sassin was unsuccessful in the attempt President’s plan. That $7 per senior cit- home, but this year the interest pay- to take the President’s life. izen will allow us to balance the budget ment on our national debt was almost I also recall, as a private citizen, and save $44 billion. But, more impor- $300 billion. We spent more money pay- watching on television a newly-elected tantly, what we are doing is creating ing the interest than we did on the en- President who told us he was a new options to Medicare that will given tire Department of Defense. If a child kind of Democrat; standing at that po- senior citizens the same rights we have is born in America today, 1995, if noth- dium and lecturing the minority party in Congress to choose medical plans ing changes up here, during their life- at that time that he and his adminis- that are more efficient, cheaper and time they will pay $187,000 in Federal tration would only use numbers and more user friendly. income taxes just to pay the interest only formulate budget projections on That is the key to Medicare reform, element of the national debt. those figures supplied by the Congres- slowing the growth down and giving This is serious stuff. Bill Clinton has sional Budget Office, or CBO, for those people options so that not only can we never submitted a serious budget to numbers were the most accurate. balance the budget, but we can take balance, to get our future generations Yet, I would refer my colleagues to care of our senior citizens. Because if out of that problem. Let us look at the this chart, because through the efforts we do not slow the growth of Medicare November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12331 down, part A, the hospital part, is mium is deducted from their Social Se- grandchildren. If it continues to grow going to be broke in the year 2002. If curity. Their Social Security is sched- at the rate that it is growing at 11 per- the President wants to help senior citi- uled to increase over the next 7 years cent a year, we are going to have to do zens, help us save the trust fund part also. one of two things. Triple payroll taxes A. Mr. HAYWORTH. Mr. Speaker, If I in the next 10 years on your children or Mr. HAYWORTH. Mr. Speaker, the could just interrupt the gentleman a grandchildren, and I think most senior gentleman points up another aspect of moment, because I want to make sure citizens find that to be unacceptable. the gulf that can only be described as I understand this point and, indeed, so The other option is to increase spend- the credibility canyon. How can this the Speaker and others joining us to- ing on Medicare every year but at a President claim to be a champion of night can understand. slower rate. The President’s plan saves Medicare when he is willing to cyni- When there is this rise, which is pro- 89 billion from slowed growth, but it cally try to hold down the part B pre- portional, the proportion stays con- does not affect part B. It does not have mium for the year 1996 only to have it stant. What the gentleman is saying is an institutional reform. rise again exponentially? cost-of-living adjustments will help What we do is we slow the growth Mr. GRAHAM. The election year. seniors absorb that cost. down to about 6 percent, increasing Mr. GANSKE. Mr. Speaker, will the Mr. GANSKE. Exactly. If I were a spending every year, and create options gentleman yield? senior citizen, and I were only seeing for traditional Medicare that will allow Mr. HAYWORTH. Mr. Speaker, I am the figures, gee, it is $46 now and it is senior citizens to be well taken care of glad to yield to my good friend from going to be 80-some dollars in the year and save money for future generations, the great State of Iowa, one of three 2002, that would worry me also. But because you cannot balance the budget freshman Members of the institution what senior citizens also have to keep until you reform entitlements. It is on this side of the aisle who is a physi- in mind is that there will be annual physically impossible. If you took cian. cost-of-living increases for their Social away the entire discretionary budget, Mr. GANSKE. Mr. Speaker, I would Security during that period of time. you could not get there. like to follow up on my colleagues’ Under President Clinton’s plan, he b 2115 statements tonight about Medicare. I increases Medicare premiums every think it is very, very important that So in essence, the difference between year. It is going to happen. But under we get the facts out to our senior citi- what we are proposing and what the our plan, it happens in a managed way zens. I think the Clinton mediscare President, projected, is proposing is a with options that may save senior citi- campaign has reached a new low. small difference. And we are talking zens money with a view of balancing President Clinton says he is willing about shutting down the Government the budget. There is a rhyme, a reason to shut down the Government to keep for that. to what we are doing. We are serious; seniors from having to pay higher Med- Mr. HAYWORTH. Two points we need he is not. He wants to get reelected. I icare part B premiums. Why, then, I to bring out at this juncture, because want to change America. ask my colleagues, is he planning a again some people may have missed Mr. GANSKE. Mr. Speaker, prior to 10.2-percent increase in part B pre- the entire reason we enjoined this Med- coming to Congress last November, I miums in 1997, right after the next icare reform topic to begin with. Con- was a physician, practicing in Des Presidential election? trary to the very interesting fictions Moines, IA. I took care of lots of Medi- Mr. HAYWORTH. Mr. Speaker, I and political theater emanating from care patients. My wife is a family phy- would simply ask the gentleman from the other side, this has nothing to do sician who takes care of many senior Iowa to repeat those numbers so that with the issue of tax cuts. citizens. I have parents who are on the Speaker and indeed the American The reason we were prompted to take Medicare. And I can tell you that the people, who join us this evening, can action, as a new conservative, respon- reason we are doing this is to make hear this again. Would the gentleman sible majority here to help govern is sure that our senior citizens, my par- please repeat what he just said? the conclusion of the Medicare trustees ents, my past patients, continue to re- Mr. GANSKE. Let me repeat these in a report issued April 3 of this year. ceive good quality medical care. If we numbers. The Medicare trustees, a bipartisan allow the system to continue the way President Clinton is planning a 10.2- group, including three of President that it is now, we are facing, according percent increase in part B premiums in Clinton’s own Cabinet officers, Sec- to the trustees’ report, breakdown in 6 1997. Is it not convenient that that is retaries Rubin, Reich, and Shalala, years. We cannot bury our heads in the right after the next election? signed off on this language, ‘‘the sand. Let me give Members some other present financing schedule for the pro- The Health Care Financing Adminis- facts, and these are facts. The Medicare gram is sufficient to ensure the pay- tration for the last 10 years has real- part B premiums have increased 29 out ment of benefits only over the next 7 ized this and has increasingly tight- of the last 30 years, since the beginning years.’’ So a 7-year window to make re- ened the bureaucratic tourniquet. of Medicare. A fact: Medicare pre- forms. Well, folks, the tourniquet can help miums have gone up every year since But here is the other topic and the stop the hemorrhage for awhile. But President Clinton was elected, a total other key thing that we must bring out the tighter that that tourniquet is ap- increase since President Clinton was at this juncture, because, again, in the plied, the day comes when you have elected of $14.30. Fact: Under our Medi- confusion that has resulted on this strangulation. And what we are at- care Preservation Act, in the year 2002, other side, some folks have gone out tempting to do with our Medicare plan the Medicare part B premium would be and put on television ads that can only is to create options for senior citizens $87. Under the President’s budget, the be described as fiction. that will provide good quality care, premiums would be $83. The fact is, we have repeated it, men- that will give them choices that they Mr. GRAHAM. So it is a $4 difference. tioned it once tonight, but it bears re- have not had before, where we still in- Mr. GANSKE. Mr. Speaker, President peating, the average expenditure per crease the amount of money that we Clinton is talking about shutting down Medicare beneficiary will increase from are spending at two times the inflation the Government for a difference of $4 a $4,800 this year to $6,700 in the year rate, the same thing that President month. 2002. That is an increase. That is not a Clinton just a couple years ago said he But I think this is a point that is cut. was for. very, very important for our senior Mr. GRAHAM. Mr. Speaker, if the So I think that, you know, there has citizens to understand, because they gentleman will continue to yield, I been an awful lot of hot air blown on are thinking, well, look, today I am think this is a fair statement of what this issue. It is time that we get these paying $46.10 a month for my pre- the American public is going to have to facts out to our senior citizens. miums. Gee, that is quite a bit of an in- come to grips with and really see what Mr. HAYWORTH. Again, the credibil- crease to go up that high. But what we we want in this country. Medicare, ity canyon only widened in the past also have to make sure that our senior trust fund A, is funded by wage with- couple of days when the President, lis- citizens know is that that part B pre- holding from your children and your tening to his polster and his political H 12332 CONGRESSIONAL RECORD — HOUSE November 14, 1995 consultant, decided to reinvent himself sure that our children are not going to the numbers: 177 Members of the mi- in the image of the saviour of Medi- have to pay these horrendous debts. nority party voted to basically say to care, when in essence, as we heard the I thank the gentleman for yielding. I the executive branch, to the Secretary cold hard facts from the physician, notice we have a new Member here. of the Treasury and others in the exec- facts borne out, not out of fear Mr. HAYWORTH. I was going to say, utive branch, sure, go ahead, take the mongering but out of compassion that such an honor to have with us the dis- trust funds. Spend them to keep the this gentleman who has worked on the tinguished chairman of the Committee Government in business. Only 18 Mem- front lines of the medical industry, we on Science, the gentleman from Penn- bers, only 18 Members of the new mi- know that the President’s arguments sylvania [Mr. WALKER], who spent a nority were confident to help us. are essentially fictional. good bit of time using special orders to Mr. WALKER. Mr. Speaker, I want to I yield to the gentleman from Con- help, I believe, shape the new majority. tell you how scary that vote really necticut, Mr. SHAYS, my good friend, Mr. WALKER. Mr. Speaker, I must was. I was in a meeting today and author of the Shays act. What seemed say that I am unaccustomed to speak- heard the Secretary of the Treasury to be revolutionary here in this coun- ing from this podium. You imme- say that as of tomorrow he intends to try, that Congress people should live diately want to begin uttering liberal begin divesting the trust fund, pri- under the same laws as every other platitudes when you stand here. But marily the retirement trust fund of American, our good friend from Con- the fact is, I have been watching the Federal workers. And so this was not necticut. distinguished gentlemen talking about simply some meaningless vote. This Mr. SHAYS. Mr. Speaker, I would Medicare for the last little while. I was in fact a real signal to the Sec- just point out that this law would not want to congratulate you for what you retary of the Treasury to go ahead and have passed if it had not been for the are doing to make the American public begin to take the money contributed gigantic support of all the new Mem- better informed about these issues. by Federal employees for their retire- bers of Congress. I was listening to It is kind of tragic, sad, and almost ment and spend it for all things that what you had to say and felt compelled pathetic that the Democratic Party, the Federal Government is doing. to come here because as someone who that can take some justifiable pride in Mr. HAYWORTH. I thank the gen- worked on Medicare and Medicaid on having created Medicare some years tleman for that observation. the Committee on the Budget, I know ago, have now resorted to mediscare as I welcome to this special order the that we are saving the program. I know the way of proceeding, as though mak- distinguished Speaker of the House, we are helping to slow the growth of ing older people fearful is a substitute the gentleman from Georgia [Mr. GING- spending. I also know that we have no for having no policy. And it is really, I RICH]. new copayment or an increase in the think, a true tragedy because that is Mr. GINGRICH. I want to thank my copayment, no new deductible or in- really what you have happening here. friend from Arizona for having this dis- crease to a deductible. The premium You have a party that has nothing to cussion of where we are at. I was stays at 31.5 percent. I know you all say on the subject and, in fact, is doing watching on C–SPAN, and I thought I have mentioned that, but the key point things that are very harmful to older would come over and report firsthand, is to know the Government still is pay- people. The vote on the floor today, having been in a meeting with the ing 68.5 percent. President Clinton has where the question was whether or not President last night and having tried decided that he wants it to drop down we would divest the pension funds of to understand exactly what the admin- in the election year to 25 percent and older people in this country in order to istration’s real objections are. I think actually have people pay less pre- keep spending debt money in the Unit- that if you take the Congressional miums next year in the election year. ed States, the Democratic Party voted Budget Office scoring of the President’s Then they go up just as ours go up as overwhelmingly to go ahead and spend budget over the next 7 years, you can the cost of the program continues. But the money. That is not their money to begin to understand what the real dif- the interesting point is, his 25 percent spend. This is money that has been ference is. of the higher increase in cost ulti- contributed by people to provide for Over the next 7 years, President Clin- mately means that the difference be- their own retirement. And the Demo- ton would spend $625 billion more in tween our two programs is only $4.70 crats said, go ahead and divest it, noninterest outlays. His budget, his each month. I make this point that I throw it away. That also comes on the Government would spent $625 billion know has been made a number of times heels of a plan that has been promoted more than our balanced budget act but I want to emphasize it, we are primarily by Secretary Rubin which is that we will be voting on this week. going to spend 73 percent more in the aimed at taking the pension funds that Because he would be spending a lot next 7 years than we did in the last 7 have been contributed to companies more, his interest outlays over the years. We are going to spend $674 bil- across the country and invest those in next 7 years would be $252 billion high- lion of new money in Medicare. And on very scary public housing projects. er. That is, we would be in a situation a per-person basis, we are going to Now, these are things that are hap- where we as taxpayers would be paying spend, as you have pointed out, I want pening out there that are really an as- $252 billion more in taxes in order to to emphasize it again, $4,800 to $6,700 sault upon senior citizens and mean- help finance $625 billion more in spend- per beneficiary. Only in this country time you have a party that then comes ing under the Clinton administration and in this city when you spend more forward and conducts a mediscare cam- program. money do people call it a cut. paign aimed at trying to make older Our taxes would be at least 133 bil- The amazing thing is, you mentioned people fearful about what might hap- lion higher. And as you pointed out, the polls, the President is listening to pen in Washington to their Medicare and this is, frankly, this is the chart the polls. I had people say, are you not cuts. that got me to come over here. I do not concerned about the polls? If President We are trying to make that system think I have done a special order this Lincoln had listened to the polls, we solvent. We are trying to get rid of the year. I was watching you with this would not be one nation under God, in- gimmicks. Trying to get rid of excuses chart and the title has caught exactly divisible. We would be two nations. and make certain that we have a sol- what America is living through. We There is a point where we just have vent system for people to depend upon have a President who always has an ex- to be willing to take on the special in- for the future, and all we get is scare planation for what he wished he had terests, who are willing to distort the tactics. It is pathetic. done. He told Larry King he would bal- information, and talk to the American Mr. HAYWORTH. Mr. Speaker, once ance the budget in 5 years when he was people, tell them the truth. You tell again, mention was made of this vote. a candidate. He told all of us he wanted them the truth and they will have you And somehow it may be missed by to reform welfare. Change welfare as do the right thing. But polls are being some folks in the media, but we need to we know it. That was his campaign slo- pushed aside and a lot of Members, par- again point this out. When the gen- gan. He said we could balance the budg- ticularly on this side of the aisle, are tleman from Pennsylvania says that et in 5 years, then 10, then 9, then 8, willing to take on those special inter- the new minority overwhelmingly then 7. Then he said, well, really not 7, ests to save Medicare and also make voted to raid the trust fund, here are certainly not 7 the way we understood November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12333 it, not 7 if you have to actually keep days you are missing $3 billion you ‘‘severe cut’’ when referring to a $1,900 score. But he would do it in 7, if he did wanted to spend. We save for our chil- per senior citizen increase. not have to keep score. Here are the dren $3 billion, and they just could not Mr. BAKER of California. But then numbers. stand the idea that our children might you do that by raising premiums then; As you point out, the Congressional have that $3 billion when they wanted is that right? Budget Office took his numbers, and their bureaucrats to have it. Mr. GINGRICH. No, but in fact do not this is the Congressional Budget Office, Mr. GRAHAM. Mr. Speaker, if the raise premiums, which is the other you remember, are the people the gentleman would yield, I just want to great baloney, and again my good President stood right up there and told add here one point, too: friend from Connecticut was showing us in his first State of the Union we Not only does he want to spend more, me some numbers that are so spectacu- should use. I think you have already but now he wants to go to a source. lar and so different from what the gone through this once. Listen to what he wants to do to make President has been saying and what the President’s staff has been saying that I b sure that he cannot spend more be- 2130 cause we are putting pressure on him. really think he should share them with But I just wanted to drive home for What BOB WALKER said is true. For the House because these really help us people who are listening when the all those that are listening out there understand what a total campaign of President says he has set up a balanced today, the President is intending to go misinformation this has been. budget, it is factually not true. The for the Social Security trust fund, Mr. SHAYS. Well, if the gentleman facts are under the President’s budget money for your retirement, money for will yield, I just would point out that the deficits would be as follows: my retirement, borrow money out of the premium that we pay now is $46.10, In 1996 $158 billion, $180 billion in that fund to feed his spending habits, and the President has decided that he 1997, 146—this is the CBO scoring—$146 and that is what he is going to do, and is going to lower the premium to $43.70 billion in 1998, slightly different num- we are trying to stop him. Please do per month, and then, after the election, bers than you have because of the way not let him do that. it goes up to $48, to $53, to $59, to $67, this is done in this particular version. If we were in private business, and we to $74, to $82, and the 7th year the But the net effect is in the last year, borrowed money from our pension President’s premiums go to $82, and after all the President’s work, after all plans to run our businesses, we would ours are at $87, a difference of $4.80, and the President’s work, after all of his go to jail. That needs to stop. if I could just say, when we get to this promises, and as you see right down Mr. HAYWORTH. Mr. Speaker, I issue of what is a cut, the administra- here, 2002, which is the seventh year yield to our friend from California. tion says we are cutting the earned in- when we get a balance, in this seventh Mr. BAKER of California. Thank you come tax credit; that is going from $19 year the President runs a $209 billion very much, Mr. HAYWORTH. I have had billion to $27 billion. They say we are deficit. It is almost $1,000 for every about 16 to 1 calls in the last few days cutting the School Lunch Program, but American, deficit, $1,000 more debt for saying hang in there, let us make this that is going up from $6.3 billion to $7.8 our children, for every child in the right for my kids and their kids, but a billion. They say we are cutting the country. couple of people have been fooled by student loan, and that is going from $24 Now I say that because what the real this comment that we are going to billion to $36 billion, a 50-percent in- fight is about this week is that Presi- raise premiums on Medicare and cut crease in student loans. They say we dent Clinton wants to continue to Medicare. Would you please address are cutting Medicare and Medicaid. It spend more money, to borrow more that, Mr. Speaker? has gone from $89 billion to $124 billion. from our children, to have more bu- Mr. GINGRICH. If my friend would They say we are cutting Medicare, and reaucrats in Washington, to have more yield to me for just 1 minute, again I it is going from $178 billion to $273 bil- power over our lives, and I just con- do not know what to say to my col- lion. In every instance there is a signifi- clude with this, and I appreciate so leagues when the cant increase. much your letting me come over and President of the United States and his Mr. BAKER of California. It was just yielding to me: senior staff deliberately, knowingly, mentioned to increase spending, and I The continuing resolution that we mislead the American people. am embarrassed to say this as a con- sent down yesterday which would have I just watched—I did the ‘‘NewsHour’’ servative Republican, but over the next kept the Government open; we would tonight, and immediately after I was 7 years, as we balance this budget, we have none of these problems today if interviewed by Jim Lehrer, they had are going to increase spending by $3 the President signed it. That continu- the head of the Budget Office down trillion and add to the national debt a ing resolution was our downpayment there, Dr. Rivlin, a very knowledgeable trillion. Is that true? on a balanced budget. It said we know woman who talked about severe cuts in Mr. WALKER. Mr. Speaker, if the we cannot get there all at once, but at Medicare. gentleman would yield to me, I want to least we can start doing the right thing Now I just want all of my colleagues point out to the gentleman from Con- by our children. It was for 18 days. to understand the numbers for a sec- necticut [Mr. SHAYS] we have been ac- To show you the difference between ond, and I challenge any, any, liberal cused on this floor though of increasing the House and Senate Republicans and Democrat, to explain how this can be spending in one area. I have heard it in the Clinton administration, in 18 days called a cut. This year we spend $4,800 the well on several occasions. They we saved $3 billion compared to what per senior citizen on Medicare. At the have been saying we are increasing President Clinton wanted to spend, and end of our 7-year program to save the spending in defense, despite the fact after all this malarkey about Medicare Medicare trust fund we spend $6,700 per that we are actually going to spend I said to him last night, ‘‘If we take it senior citizen on Medicare. Now re- less on defense next year than we spent out, would you sign it?’’ member there are more retirees be- this year, so that when you spend less He said, ‘‘No, you don’t let us spend cause more people retire each year, next year than you spend this year, enough.’’ people live longer, so the actual in- well, I thought it was a cut, but they Mr. HAYWORTH. Would the Speaker crease in Medicare spending is 45 per- are saying it is an increase. But yet we repeat that again what the President cent more spending on Medicare over are spending over what we spent this told you? the next 7 years, which is twice the in- year; they are saying that is a cut. Mr. GINGRICH. Clinton administra- flation rate. It seems to me that we probably have tion said; Chairman Panetta said, and Now, if you are going to spend $4,800 some really weird economics and math- directly the President concurred; no, this year, and it is going to go to $6,700 ematics for that matter that is taking they would not sign the continuing res- at the end of our 7-year plan, that is a place at this moment. olution if they took out Medicare. That $1,900 per senior citizen per year in- Mr. HAYWORTH. I was just going to was only the public-relations political crease. For the life of me I do not un- say, if the gentleman would yield, the argument. The fact was we do not let derstand how somebody can get up, an only possible mathematical operations them spend enough money in the next official of the U.S. Government, look at work are akin to something Orwell- 18 days. We actually say to them for 18 into the TV camera and use the term ian. H 12334 CONGRESSIONAL RECORD — HOUSE November 14, 1995 We recall the noted British author, premium increase in over a 7-year pe- Mr. BAKER of California. One last George Orwell, in his book ‘‘1984’’: Ig- riod. There is $4 difference between comment and the most important norance is strength, all the different what our plan does and what his plan thing to remember tonight; that is, re- observations in Orwellian Newspeak, does. gardless of when, whether it is tonight, and in the new mathematics, within He is trying to sell you a bill of tomorrow night, or the next night, we this Beltway, and especially on this goods. Beware of Bill Clinton, senior are not going to pass anything that ex- side of the Chamber, an increase is a citizens. ceeds the budget line that will balance cut and a cut is an increase. It adds up Mr. HAYWORTH. I thank the gen- us by 2002. We are going to pass the to this new international symbol that tleman from South Carolina [Mr. GRA- Balanced Budget Act of 1996, and we really deserves a place in our policy HAM] who puts it very succinctly, and are going to do it this week or next Pantheon, the international symbol for again it bears repeating what tran- week, and we are not going to exceed Stop Whining. spired on this floor today, H.R. 2621. that balanced budget line. I defer first, if I could, to the physi- The overwhelming majority of the lib- Mr. HAYWORTH. For it is our mis- cian, our good friend, the gentleman eral guardians of the old order said to sion to balance the budget and change from Iowa [Mr. GANSKE]. the President and to his Secretary of the philosophy of taxing and spending, Mr. GANSKE. Thank you. I think Treasury in effect, ‘‘Go ahead, raid the and interesting interpretations that that for our listeners we need to, and Social Security trust fund even as you have to be called fictional offered by the citizens, we just need to reinforce stand before the American public and the cynical guardians of the old order. claim to be the defender of America’s what people talk about and how people f in Washington call cuts, what they call seniors because, after all, we’re bound cuts. to find some sympathetic ears in the NOW, FOR THE REST OF THE If somebody would earn $20,000 as media and because it will be so greatly STORY their salary this year, but next year repeated, it will inspire confusion. So The SPEAKER pro tempore (Mr. they would earn $22,000, most people go ahead and do that.’’ TAYLOR of North Carolina). Under a How crass, how shameful, how politi- would say that is an increase. However previous order of the House, the gen- cal. Friends, we were sent to Washing- in Washington it is very possible that tleman from Wisconsin [Mr. BARRETT] ton to change business as usual, no that would be called a cut because it is is recognized for 60 minutes. less than a hypothetical projected in- more excuses, no more gimmicks. Mr. BARRETT of Wisconsin. Mr. And to those who write and say, creased to $23,000. Speaker, I am pleased to be here to- ‘‘Gee, why don’t you just go and send That is what we have to explain to night. I am going to be joined by sev- in a clean CR?’’ let me make this ob- our citizens when we are back in our eral of my colleagues on the Demo- servation. The difference comes in phi- districts because they hear the word cratic side. I guess, as Paul Harvey losophy, not in procedure. Just as we ‘‘cut,’’ they hear the word ‘‘cut,’’ and would say, we would like to tell you are constrained to speak in legislative really what we are talking about in the the rest of the story, because for the style here in the House, just as we ob- Medicare area is we are talking about a last hour we have heard what best serve convention with the rules of the slowing hypothetical rate of growth to could be described as maybe Lost in House, so too do we make use of legis- twice the rate of inflation, almost Space, or Fantasies of the Unknown, or lative tools at our disposal to imple- more than anything else that we are something like that. doing in our budget, because our prior- ment the changes needed. However, I think perhaps what is I defer to my friend from Pennsylva- ity is to continue to provide quality good for the American people is that nia. health care, and that is the reason why Mr. WALKER. Anybody who hears we will have an opportunity to give the in this area we are spending more at a the term ‘‘clean CR’’ ought to under- perspective from those of us who are in faster rate than just about any other stand that a clean continuing resolu- the minority here, those of us who are part of our budget. tion is a dirty deal for future genera- interested very much in moving the Mr. HAYWORTH. I thank the gen- tions. Government and the society forward. tleman from Iowa, and I would recog- Mr. SHAYS. I would just love to I am pleased to be joined by the gen- nize now our good friend from Califor- weigh in, if I could. I know we are run- tleman from New Jersey [Mr. PALLONE] nia. ning out of time, but the bottom line is who is here tonight, the gentlewoman Mr. BAKER of California. Thank you, my heart goes out to the Federal em- from Florida [Mrs. THURMAN], and the Mr. HAYWORTH. It is very important, ployees about whether there is a shut- gentlewoman from Ohio [Ms. KAPTUR]. and I was rather shocked to see the down, but this is far bigger than Fed- We are going to spend the next hour President close down the Government. eral employees. This is an issue of talking about a few things. This work stoppage has occurred in whether, once and for all, we are going I want to start off by talking about 1984, 1987, 1990. Always the employees to get our financial house in order, and efficiency and the ability of Congress have been paid, but for the President of balance our budget, save our trust to do its work, because I am a Member the United States to shut down the funds and change and transform this of the 103d Congress. I was a freshman Government and declare that 800,000 of social and corporate welfare state into last year, as was the gentlewoman our loyal, hard-working Federal em- an opportunity society. from Florida [Mrs. THURMAN]. The mes- ployees are nonessential sends a really sage that we received when we were strange message to the taxpayers who b 2145 elected is that the American people did are paying for all this government. That is what this battle is about. not want business as usual. They want- Do you have any thoughts on that? Mr. HAYWORTH. I thank the gen- ed Government to work, they wanted Mr. HAYWORTH. I do, and I defer tleman from Connecticut, and indeed, I Congress to come and do its job. first to our good friend from South thank all of my colleagues. Frankly, that is exactly what we did Carolina for his observation. Again, Mr. Speaker, we would simply last year, especially, especially when it Mr. GRAHAM. Let us put it in per- make this point. Even as our chief ex- came to the appropriations bills. spective. The reason he is giving and ecutive or campaigner in chief prepares Today is November 14, 1995. The preaching is that he wants to take care to leave this Nation, as we understand House of Representatives and the U.S. of American senior citizens, and in the he is planning to do, to go to Japan, Senate had completed and sent to the process of saying that he intends very again Mr. Speaker, we extend the President and had signed into law 3 of soon to go into your Social Security President of the United States a hand 13 appropriation bills. For those of you trust fund and borrow the money out of to say, ‘‘Enough posturing. Let’s join who do not know, we are required by that fund to fund his spending habits. together and govern.’’ That is the law to complete the 13 appropriation If we did that in the private sector, you central issue. bills basically by October 1 of each would go to jail. He is trying to tell Even as our friend, the gentleman year. you that I am saving you from a pre- from Pennsylvania, made the point, it Many times what happens is there is mium increase when his own budget is worth noting this. We are not play- a continuing resolution that permits after the election year has a 10-percent ing a game. Congress, in essence, to grant itself a November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12335 little bit of an exemption, or an excep- this. They are on this roll. By golly, we ums, are all closed down. So here they tion, and work a little bit later, but in are going to get this done.’’ have saved their money, they have 1993 when the gentlewoman from Flor- What did we say to them? I did. I said done car washes during the summer, ida [Mrs. THURMAN] and I were fresh- to them, I said, ‘‘Go talk to your Sen- they have worked so hard to come with men in our first year, and in 1994, when ators. They have a different ability for their classes to Washington, and today the gentleman from New Jersey [Mr. rules, they have a different ability to they cannot see any of them. This is PALLONE], the gentlewoman from Ohio be able to raise the issues within the their one time. It is so expensive to [Ms. KAPTUR], the gentlewoman from Senate side, because we are controlled come here, so we are seeing the results Florida [Mrs. THURMAN], and I were in totally by what amendments we can of this unnecessary train wreck here in the majority, we finished every one of even bring to this floor by a Committee the month of November. those bills prior to the October 1 date. on Rules. They have an opportunity to What is amazing to me, this so-called Not only did we finish every one of debate these issues that we raised over new leadership on both sides of the those bills, we had them finished, sent here.’’ Congress, why do we have to wait until to the President of the United States, What has happened now, because of the end of the week? It is Tuesday. and they were signed into law. the issues that we have raised, the Sen- Now they told us we have to wait As of today, we have only three ap- ators have said, ‘‘Whoa, wait a minute. through Wednesday, wait through propriation bills that have been signed There are some thing in here that are Thursday, and maybe we will have a into law by the President of the United dangerous, and there are things that vote on Friday. What are we waiting States. He has vetoed one, so we have our constituents are raising to us, and for? nine that have not moved through the we don’t have the answers to those Mr. BARRETT of Wisconsin. Mr. appropriations process. questions.’’ We can’t come to the table Speaker, I would ask the gentleman So yes, there is a problem. The prob- and reconcile our differences between from New Jersey if he has any thoughts lem, plain and simple, is that Congress the Senate and the House because we on what we are waiting for. I yield to has not done its job. The reason it has are that far apart, because the Amer- the gentleman from New Jersey [Mr. not done its job is because we have ican public said to the Senators, ‘‘This PALLONE]. spent so much time this year on extra- is the wrong way to go,’’ which is what Mr. PALLONE. Mr. Speaker, I think neous matters, on public relations gim- the President is saying. it really comes down to the intran- micks like the Contract With America, So we are really doing exactly what sigence, if you will, of the Republican that we basically have not done the job the American people asked us to do. leadership and Speaker GINGRICH, basi- that we were hired to do. The problem is that we have left hun- cally not willing to compromise, not Under the leadership of Speaker dreds of thousands of people in a real willing to negotiate common ground. predicament. The thing that amazes me is how this GINGRICH and his followers, we have I think the gentlewoman from Ohio continuing resolution, which is basi- not done the nuts-and-bolts operations [Ms. KAPTUR], tonight could tell you cally a stopgap way of keeping the of government. That is why we are what happened and who was not served Government going until we finally re- standing before you today with a prob- in her district because of what hap- solve the larger budget issues, this con- lem. pened today, and I would love to hear tinuing resolution, which historically, I yield to the gentlewoman from those facts and figures, because I think at least as long as I have been here, Florida [Mrs. THURMAN]. it is outlandish that we have all kinds whenever we had one, it was basically Mrs. THURMAN. Mr. Speaker I think of people with problems, because the what we call clean, a clean continuing the gentleman makes a very good American people’s problems have not resolution. It just tried to provide the point. My comments are based on this quit because Government has. money to keep the Government going, appropriations process, because I have Mr. BARRETT of Wisconsin. Mr. without being loaded down with all found it very interesting that only two Speaker, I yield to the gentlewoman kinds of extraneous material. or three of these have actually passed. from Ohio [Ms. KAPTUR]. This time, however, the Republican Actually, when I go home and I talk Ms. KAPTUR. Mr. Speaker, I am leadership put this Medicare premium to my constituents, I try to explain to pleased to join my colleagues here, and increase in the continuing resolution, them a little bit of what has gone on I guess what we can talk about is so that I think we are talking about $11 here. I personally think we need to wreck-onciliation, and it is truly a more per month that seniors would be thank the American public tonight, as wreck for our communities, and for paying for their part B Medicare as of in the minority, and I will tell you communities across this country. January 1. This was included in the why. One of the things I heard was, I happen to serve on the Committee continuing resolution, so the Presi- ‘‘Well, it does not sound like Demo- on Appropriations, and I can testify dent, when he received it, had to veto crats are very organized, and they are that there have been many, many it. I am proud of the fact that he ve- not really getting their points out,’’ years when we have cleared our bills on toed it in order to guarantee that sen- and those kinds of things. Then I start- time, all 13 of them, before October 1. ior citizens’ Medicare premiums would ed to pay more attention to what was There is no reason to furlough 800,000 not go up January 1. This is the kind of happening over in the Senate. All of a Federal employees. I can tell you in nonsense we are getting. sudden, it was remarkable to me, be- Toledo, OH, my largest community, we We are being told, instead of just try- cause the issues that we had raised as had our office in the Federal building, ing to pass a continuing resolution Democrats on this floor about issues and just today, because Social Security that keeps the Government going while within these appropriations bills, and had to really close down, those people we try to work out our differences on by the way, which were not about were furloughed, there were 70 people the budget, it is loaded up with Medi- spending, they were trying to legislate whose claims could not be directly care increases and all these other on the appropriations bills, were being processed, 500 visitors were turned things. raised on the Senate side. away, because our office is pretty close Mr. BARRETT of Wisconsin. Let me Remember the issue about clean to their office, and, on average, they make sure I understand this. Are you water and the health and welfare of receive about 245 phone calls a day. saying we should not be debating the this country when it came to meat in- That means 245 seniors called in to the Medicare issue? spections? Remember that? Who raised office, and the phone could not answer Mr. PALLONE. Mr. Speaker, I am those issues? We did. We did out home- today, because the people were not saying that the debate over the budget, work over here. We pounded, and we let there. and I would like to get into that a lit- the American people know potentially Here in Washington, tomorrow I tle bit, is ongoing, and will be dealt what was going to happen to them and think I am the only Washington monu- with either by the end of this week or what could potentially happen to them ment that students in my district will within the next few weeks, but while as a result of the passage of these bills. see, because hundreds of them are here that debate is ongoing, it is necessary We said to our constituents: ‘‘We don’t during the fall season, and they learned for the Government to keep operating have the votes in the House to stop that all the monuments, all the muse- the way it normally does. H 12336 CONGRESSIONAL RECORD — HOUSE November 14, 1995 Mr. BARRETT of Wisconsin. So it b 2200 times the rate of inflation in the next has nothing to do with the continuing Mr. BARRETT of Wisconsin. If I 7 years. I think that that is something resolution? could touch on that and go back to that I think we should debate. I think Mr. PALLONE. Absolutely not. what the gentleman from New Jersey that there is public policy issues there There is absolutely no reason it should [Mr. PALLONE] was saying, I am going that should be debated. I frankly be included within the continuing reso- to try to tie it into an issue that think, for seniors who can afford it, lution. sounds like it has nothing to do with a they can pay more. Some of my col- Mrs. THURMAN. If the gentleman continuing resolution or Medicare pay- leagues on both sides of the aisle might will continue to yield, if I remember ments, but conceptually it does. That disagree with that. correctly, on this floor there was a is the line-item veto. Ms. KAPTUR. If the gentleman freestanding Medicare bill passed, is I am convinced that the American would yield, following on what you so that correct? people want the line-item veto. They importantly have outlined, and I think Mr. PALLONE. Absolutely. want the President to have the ability that message should be repeated and Mrs. THURMAN. I would like to go to get rid of pork barrel spending and repeated and repeated to show where back a little bit, for those who might items that are completely extraneous the costs are going to fall, and then have watched the debate during today. to the issue at hand. That is why I sup- Congresswoman THURMAN’s comments The gentleman from California [Mr. port it. Republicans, who for years about how much more seniors will have THOMAS] was on the floor reciting from have been in favor of this thing, are to pay and when those bills will come the Wall Street Journal. I actually finding hundreds of ways to talk this due, I think what is important to put tried to get this information in on the to death. The last thing they want to out in the RECORD tonight again is to floor at the time, but we were limited do is give President Clinton the ability show people that all of these additional on the amount of time we had to de- to line-item their pork barrel spending costs that seniors are going to have to bate what I thought was a very impor- or tax matters. pay, and all of the cuts that are going tant issue. As the gentleman from New Jersey to come in Medicare totaling over $270 Rightly so, he did talk about some of said, the continuing resolution is to billion, as this chart demonstrates, the issues and the Medicare premiums. keep the Government running for the none of that money is going to make You know, in fact, this is really the next few weeks until the majority can Medicare more whole. In fact, it is all story, as I understand it, and as has do the work on this they were elected going to go for major tax breaks, over been explained to me. Today our sen- to do. Obviously, they are not consult- $245 billion, to among the most privi- iors pay about $46.10 under current law, ing with us. But their job and our job leged people in this country. because evidently there was the issue in the Congress is to get appropriations So, all of the sacrifice that we are that seniors would pay 25 percent of bills passed and the reconciliation bill talking about, the quadrupling of what the premiums, so it actually would passed and sent to the President. They seniors will have to pay over the re- have dropped in 1996 to $42.50. He kept have not been able to do that. maining part of this decade and into talking about this was the responsible But, they know if they can sneak or the next century, is not going to do a thing to do, you know, that we should push or pummel or bully this Medicare thing to make health insurance more raise this, and we had to worry about premium increase into the continuing accessible to seniors. All that money the computer changes and those kinds resolution bill and have the President and all that sacrifice is going away so of things. sign it into law, they are done. They at the same time the seniors are shoul- Actually, on the Republican side over are done with their crown jewel in dering a heavier burden, the Medicare on the Senate, there was an announce- terms of this portion of the budget, be- Program will not be made any better. ment made yesterday in the late after- cause they are determined to have that I yield to the Congresswoman. noon by one of the Senators that they increase built into it. Mrs. THURMAN. Mr. Speaker, there thought we just should hold constant Just for a short time, I want to talk is another important factor in there the $46.10, which was immediately re- a little bit about the merits. I was sit- and that is the issue of Medicaid, which jected by the House leadership here. ting here when the Speaker was talk- is $181 billion cut and block granted Mr. PALLONE. Right. ing and boasting about the increases in back to our States, so the States can- Mrs. THURMAN. This is what was in- Government spending per recipient not meet the needs once again for the teresting, and I found that it was never under their plan, and I may surprise levels of poverty and for our seniors. mentioned when the gentleman from some Members here, but I actually And it refers to things like long-term California [Mr. THOMAS] mentioned the agree with some of the things that care, issues that we are all very, very Wall Street Journal article. This was they said. They are telling the truth concerned about. what the rest of the story, as some peo- when they say that the Government ple might say, contained. spending per recipient is going to rise I find it interesting that 1 or 2 years ‘‘A Strong Motivation’’ is the sub- from $4,800 per recipient this year to ago for all the things that they talk title. $6,700 per recipient in the year 2002. about right now, they would not en- gage with us in health care reform that The GOP has a strong motivation for push- That is absolutely correct. That is ing the issue now. Most elderly people might something that a Democrat says the looked at the whole health care proc- not notice the proposal increase if it is en- Republicans are telling the truth on. ess, for cost containment, to find the acted soon. That’s because Medicare pre- But, again as Paul Harvey would say, savings, to do the kinds of things that miums are deducted from beneficiaries’ they do not tell you the rest of the they elected us to do. monthly Social Security checks, and Social story, because while they boast about The only thing that they have looked Security recipients are scheduled to get a 2.6 that increase, which is about a 44-per- at are the two Government programs percent cost-of-living increase as of January cent increase, in fact, the Speaker not that give to our seniors the dignity, 1. That means that the average Social Secu- when it was passed, when they only had rity check will rise to $720, from $702, accord- more than 20 minutes ago said that is ing to the government. If Medicare pre- an increase that is twice the rate of in- 40 percent of the people with any miums grow to $53.50 on January 1, recipi- flation and he boasted that it was health care to 100 percent, and to help ents’ checks will still be higher after the twice the rate of inflation. What the children in poverty to be able to have monthly Medicare deduction, $666.50 on aver- Speaker did not tell was that the Medi- an opportunity to have health care. age compared with $655.90 today. care premiums are going to go from $46 We have not even started. And they So there is really a smoke and mirror a month to $87 a month in the same pe- talk about balancing the budget. Actu- behind this. They have to get the riod, and that is an 85- to 90-percent in- ally, they obviously agree, because change now, so that it does not show crease. look where they have hit. That what up in May or April of next year, but If the Speaker was saying that a 44- we needed to look at was in the health shows up at the same time that the percent increase is twice the rate of in- care. That that was where our costs Medicare increase would come, at the flation, what he didn’t tell is that they were going up, and that we did have to same time they were getting their are going to raise the Medicare pre- contain those costs, and we needed to COLA increases. miums for seniors in this country four find ways to do that. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12337 But the way we do it is by bringing best things the President Clinton did, to work. And if it is $4.35 an hour, or $5, more people into the health care sys- and I know my colleague from Florida or $5.50, no benefits, I cannot get Med- tem instead of shoving people out of has pointed to that before, is that he icaid, I am going to get up.’’ the health care system. I believe, and I actually expanded this earned income And what President Reagan said was, honestly, believe that we will see cost- tax credit to give an incentive to peo- ‘‘We ought to give something to them.’’ shifting in this country to where more ple who are low income, but who are And then President Clinton expanded people will have less coverage or more working so that they get a tax credit on it under the earned income tax cred- people will have a less ability to buy or a tax break. it. It is not a new idea; it was not a new into private insurance, because the This Republican budget bill basically one. But what it meant to my district costs will rise so high because of what cuts into that; practically wipes it out. and to the people that I represent, is going on here today, and then we Here we are basically giving these tax which is the second largest senior pop- have done nothing to settle this de- breaks for wealthy Americans, destroy- ulation in the State of Florida, and the bate. ing the Medicare Program in the proc- second poorest, was that $80 million Mr. PALLONE. I just wanted to go ess, and then taking away the tax cred- more of their tax money was coming back to what Congresswoman KAPTUR its from the working poor. back to them. had said about the priorities. I came in In the meantime, Speaker GINGRICH Mr. BARRETT of Wisconsin. Mr. at the tail end of the Republican speak- and the Republican leadership keep Speaker, these are people who are try- ers that were here before us, but I no- talking about how they want to get ing to support their families, trying to tice they kept talking about the budg- people off of welfare and get them to stay off welfare, trying to do the right et and how important it was to balance work. How are we going to get them to thing for society and they are going to the budget. I do not think there is any- work if we eliminate the major incen- take it in the chops. body in the House of Representatives tive they have to work, which is this Mrs. THURMAN. They are the work- on either side of the aisle who does not tax credit? It is incredible to me. ing poor. Those people needed help and want to balance the budget. I have no If my colleague look at this bill, the we gave it to them. Ms. KAPTUR. Mr. Speaker, I would problem with the 7-year approach, for Americans who makes less than $30,000 like to reemphasize that point, because example, that Speaker GINGRICH and a a year in general are going to actually I do not think most citizens have been lot of our colleagues on the other side be paying more in taxes, and it is only listening to the fact that all these cuts keep mentioning. the people who are in the high-income that are occurring out of the Medicare But, I think the question is priorities brackets that are actually going to get program, the nursing home program, and that is what Congresswoman KAP- tax break. the additional costs for students loans, TUR was pointing out. We could all fig- Mr. BARRETT of Wisconsin. Inciden- and the very point that my colleagues ure out a way to balance the budget. tally, that is 51 percent of the Amer- are raising, which is tax increases for And I have voted for balanced budget ican people. I saw an article in the Wall families who are working who earn amendments and I have voted for bal- Street Journal that said 51 percent of under $30,000 a year, really add up. the people would actually see a tax in- anced budgets, but the priorities that We are talking about over 8 million crease, primarily because of the the Republican leadership have are to- families in our country who are going changes in the EITC, the earned in- tally wacky as far as I am concerned, to have to pay more in taxes. and basically penalize the middle-class come tax credit. Mr. Speaker, I have a chart here that and the poor people in this country in I know Representative THURMAN, we I want to reference that really shows order to give these tax breaks to the talked about that earlier today. What that if you are working and you earn wealthy. kind of impact would that have in your under $10,000 a year, if you earn under As was mentioned, the Medicare cuts district? $20,000, if you earn under $30,000 a year, Mrs. THURMAN. Mr. Speaker, I alone for this budget bill are $270 bil- under their proposal, you are going to heard them say that the President left lion. The tax breaks are $245 billion. have to pay more. They almost equal each other. his promise about this middle class, But, if you happen to be in the cat- If we did not cut Medicare, and essen- lower class, poorer class getting a tax egory, as every Member of Congress is tially destroy the Medicare Program, credit or a tax break. I have got to tell who has accepted the pay raises, of this is what I think this Republican my colleagues, before I made that vote over $100,000 a year, as Speaker GING- budget would do. I think at one point I looked at the census within my dis- RICH is, you are going to get a hand- we had a Democratic alternative that trict in 1993. Mr. Speaker, 4,000 people some tax break. For those people who cut Medicare $90 billion, which is what would have actually received an in- earn over $200,000 a year, they will av- was recommended by the trustees. If crease; 4,000 out of 565,000. That is not erage a $14,000 tax break, while people we put most of that money back in and a lot. who are earning under $30,000 a year avoided these tax breaks for wealthy But the results of that were $80 mil- are going to have to pay about $600 Americans, we would not have to lion was returned back into that dis- more a year in taxes and in lost bene- change the Medicare Program at all. trict to families who were working fits from these health programs. We could still keep it a very high-qual- through the earned income tax credit. Mr. Speaker, that is really something ity Medicare Program that guarantees Mr. BARRETT of Wisconsin. These to consider. To me it shows the unfair- a good health care plan for America’s are people on welfare? ness of the Gingrich set of proposals on seniors. Mrs. THURMAN. No, no, no, no. And the vast majority of the American peo- The same thing is true for some of I have got to tell the gentleman from ple. the other points in there. They are ba- Wisconsin [Mr. BARRETT], he knows sically cutting education. They are this, but it is a great question to reem- b 2215 cutting back on student loans. I know phasize this whole issue. These are peo- I am glad that the gentlewoman that in my district I have the main ple that work every day, 40, 50, 60 brought up the point. In my district I campus of Rutgers University. So hours, whatever. They go to work, get will say that the earned income tax many students, not only from Rutgers up, have a work ethic, but are still credit helps 26,000 working families. but from throughout the State, have making below poverty levels. Mr. BARRETT of Wisconsin. That is called me and their parents have called This was a way, and that probably about what it helps in my district, too. me and said, ‘‘Gee, how are we going to explains some of it, a way for them to Ms. KAPTUR. They say they are cut- be able to get student loans if you cut work themselves out of poverty and to ting taxes. They are cutting taxes for back on the programs?’’ give them incentives to continue work- their friends who can pay enough to They have done the same thing with ing, which is what Republicans say we lobby up here, but they are raising some of the programs, the school ought to be doing. Responsibility, indi- taxes on the people in our district who lunches, the programs for children like vidual responsibility. They took the in- have not seen their wages go up, who WIC, and even provided an increase in dividual responsibility. They said, they are struggling to make ends meet and taxes for the working poor through the legitimately said, ‘‘I am going to get are now going to be asked to pay more earned income tax credit. One of the up in the morning and I am going to go to the piper. It is downright wrong. H 12338 CONGRESSIONAL RECORD — HOUSE November 14, 1995 Mrs. THURMAN. I am going to draw ciation, I assume, with the special in- out and borrow more money from my 3- upon two things that Mr. PALLONE said terests and the banks and wants to go year-old son, my 1-year-old daughter. and Ms. KAPTUR said. I happen to have back to the old way of doing things. They are going to borrow more money the University of Florida, which I am Rutgers and all the university people from them in order to give a tax cut very proud of, in my district. I think have been down here and said that that this year to people who make $200,000 a they are wonderful students and they is the wrong way to go. It will limit year, people who have investment in- struggle just like everybody else does. the amount of loans that are available come who are doing very well. But to your point on the education is- for Rutgers students. I have nothing against them, but I sues, we were one of the universities The other thing that they did in think there is a moral question there. that got the direct loan program, a terms of the student loan program, is Why are they borrowing more money super program. I have got to tell you, they are charging the students interest from our children in order to give a tax when you can go to a university and for the first few months that they get cut to the people who are doing very talk about loan programs and their out of school. So in other words, right well in this society? Again, I am not eyes light up because things are going now you do not pay interest for a pe- saying they are bad people. I am say- well. For the first time, they got their riod of time, 6 months, I guess, after ing, I think we have to look at the big- money on time. They got things, they you graduate as you are trying to find ger picture and the bigger picture is, go to be able to pay their tuition. They a job. And now they are going to yes, we have to sacrifice. I frankly were able to buy their books. They charge you the interest during that pe- think as Democrats we are making a were able to get their utility bills done riod. And again, it is all these things mistake and we lose the political bat- because the money was actually allo- are done to discourage people from tle if we say we should not balance the cated and they could go get the check. being able to find a job, from working, budget. I agree with Mr. PALLONE, I The university got their tuition whatever. It makes no sense. think we should balance the budget. money, which allows them to continue Mr. BARRETT of Wisconsin. We have But I will tell you where I think we to pay this bill as well. So I went to literally hundreds of people in this in- win the battle is by saying candidly to talk about this, because that has been stitution who went through college on the American people, yes, we should abolished in this plan. the basis of student loans or the GI balance the budget, but you are going Mr. PALLONE’s issue was the direct bill. It is almost as if they are pulling in the wrong direction. You should not loan. For the earned-income tax credit, that ladder of opportunity up behind be having the cuts and the hits because there was a young man who is enrolled them. What is also interesting is none many of the things are actually cuts in in law school. He has a young child of us have talked about the issue of the growth. We should be candid about that is about 18 months old. He asked student loans with each other, but I it. They are cuts in the growth of these me, this is interesting, what was going represent the University of Wisconsin programs. But they are in education, to happen. I said, You are going to see Milwaukee. And just 2 weeks ago, the they are in Medicare. They are in Med- a cut in that. It meant $1,800 to him. So chancellor of the University of Wiscon- icaid. They are in programs that affect he works while he goes to school. This sin Milwaukee published in our local children like WIC and Head Start. And is a young man with a family who gets newspaper an article extolling the vir- those are investments for the future. earned-income tax credit that gets a tues of the direct student loan program Why do owe take a hit there? benefit from this, will graduate from and the problems of taking it away. Ms. KAPTUR. I just want to say, we law school. And do you think that he is I would also like to comment on the were talking about universities and the going to be a productive citizen in this tax cut that primarily benefits the importance of student loans. I am society? Do you believe that he is wealthy and make reference to one of someone who personally was able to going to pay his fair share of taxes our colleagues, Congressman STENHOLM have the work study program available back into this society? Absolutely. from Texas, who is a real battler in to me as a college student at the Uni- That is why he is in college. He wants fighting the deficit and spending. And versity of Wisconsin in Madison. And I to better himself. He wanted to do one of the things he says, I cannot say was able to work my way through something for him and his family. it as well as he can, when you are school along with some scholarship as- If he loses these two programs, he standing in a hole, you do not get out sistance. I think that all of us who could be back doing less because he was of the hole by digging deeper. And ear- have struggled hard to get an edu- not given the opportunity to go further lier tonight we had a number of Repub- cation understand what the students of because these programs were cut and licans here, one of them very candidly today, whose bills are even higher than they were cut to give to the very peo- said that even under their plan the def- ours were, are facing. ple that Ms. KAPTUR talked about who icit or the debt, the national debt I do have to say on the Record that do not need it. would grow by a trillion dollars over the University of Toledo is in my dis- Mr. PALLONE. I just wanted to fol- the next 3 or 4 years. I cannot recall trict. They are on their way to the Las low up on that. Rutgers, again, was one the years he used. But I find it amazing Vegas Bowl. We are very proud of them of the universities that was chosen to that they are trying to sell a tax cut to for that. We have over 22,000 students do the pilot program with the direct the American people that primarily at that particular institution. student loans. And just following up on benefits the wealthiest people in this Mr. BARRETT of Wisconsin. They what you were saying, it is so true. I country at a time when we are still are ranked right now right, are they have talked to the people at Rutgers running deficits. not? University. They have been down here In reality, you have to forget that Ms. KAPTUR. You knew they were taking to both Democrats and Repub- you are in Congress, you have to forget from our community. We are very licans representing the State. They that you are dealing in politics and try proud of them. In December they will have been able to expand the number of to think about it in the most basic be traveling down there, and we know students that receive the student loans terms. We are still running a deficit they are going to win. We also have because of their direct loan program. this year of $164 billion. This would be Bowling Green State University where There is absolutely no justification at the third year in a row where it has we have about 18,000 students and then all to eliminate that. gone down, the first time that has hap- Lords College with about 2,500 stu- Basically what it does is to eliminate pened since Harry Truman was Presi- dents. These student loans for many, the banks as the middle person so that dent. I am very proud of that. But many thousands of students are life you get the loan directly from the uni- frankly, it is still a deficit. and death. It is their future or nothing. versity. And using the banks as the They are going to give a tax cut and And to add to their burden, they are middle person, so to speak, drove up we are running a deficit. In the second our future, really, is the wrong way to the cost, make it possible to give out year of their plan, I think their deficit go. I would say to certain executives in less student loans. And there is absolu- is actually going to increase. In order our country, like the gentleman who tion no reason to go back to that old to give a tax cut, in the most basic heads up Walt Disney who made $50 system other than the Republican lead- terms, if you are at home, what you million last year, that is a substantial ership on the other side has some asso- are going to do is you are going to go sum of money. I am sure that he would November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12339 admit, if he were given the chance to they are not dependent on this Govern- have a terrible impact on hospitals, for speak out on this floor, that he does ment. example. not need an additional $500 in a tax My guess is, from listening to the In my own area almost every hos- credit for his family, that he would folks at home, the cuts just in the pital that is in any district is, a major- rather have some student in California health care alone, we are going to be ity of their funding comes from Medi- be able to go on to school. And if you losing $15,000-a-year jobs to $30,000-a- care and Medicaid. If these draconian multiply that by the thousands and year jobs. Not the $250,000-a-year jobs, cuts are put in place in order to finance thousands of students in our country, but the ones in between. Because when the tax cuts for the wealthy, a lot of there are just better ways to spend you cut that and take that kind of those hospitals will close, a lot of them these dollars. It seems such a tragedy money out of your economy, there is will cut back on services. That affects to me that we are here late in the going to be an effect. And one of those everyone, not just the senior citizens. evening while the Government is essen- areas is going to be in jobs. It affects everyone in the community. tially stopped and we cannot seem to Let me tell you about an issue that I The same thing is true with the stu- find accommodation with Mr. GINGRICH watched on this floor. I only raise this dent loans. I do not understand how simply because he is being unreason- because I think there is another attack you can talk about cutting back on able about where to cut and where not going on in these appropriation bills student loans. I remember I think to cut. with some of these riders. That really there was a rally a couple of months I do not understand what he is after. has a lot to do with undoing what was ago in New York City, and Mayor I think all of the mail we have gotten, done in the last 2 years under Presi- Giuliani, I think it was him or it was the phone calls, the communications dent Clinton. some other Republican, made some from our constituents, give us a sense There was an issue called the Office statement about how, you know, why of where we need to make changes in of Technology. Do you remember that 2 do not these students, why do they not the budget. I do not know why he is years ago when we debated that and just go to work, why are they looking taking such an extreme position. I do that was when we were supposed to for a student loan handout? They can not think it yields anything for the bring public and private together so work like I did for, you know, 15 to 20 country. I do not think it yields any- that we could take our inventions here years, and then they can go back to thing for him or his allies in this Con- in this country and actually manufac- school and pay for their college edu- gress. I do not understand why the ri- ture and market them. That was the cation. Well, that is such a waste of en- gidity, what is the rigidity all about. purpose of that, was for the Office of ergy. In other words, we are competing I am just proud to be here with our Technology to build that, because we with other countries. We have got to colleagues here this evening because knew that we had to grow. We had to have a productive work force. We have we are from all different parts of the do manufacturing. We had to do that. got to have people who are educated in country. And we very much want to What we found in everything that we their younger years so they can go out, continue on the path of deficit reduc- were seeing across this country was we and work, and compete with others tion. I think we have all been a part of would come up with all these ideas like abroad. We cannot defer their edu- making tough choices. the VCR and that technology that we had gained would be sent to another cation for 10, 15, 20 years because they All we do on the Committee on Ap- country. It would be manufactured and are competing with people elsewhere in propriations now is cut. It is just a then sent back to the United States. the world. matter of what you hack next. We have And we said we have got to stop this. The same thing is true with the eliminated programs. We have had hun- One of the first amendments that I earned income tax credit. We cut back dreds of thousands of people that have watched during the appropriations bill on the earned income tax credit, what left the service of the Federal Govern- was to take the Office of Technology is going to happen? More people will be ment, both on the civilian side and the out. It stops the growth. It stops the on welfare, and who is going to pay military side. We have got base clos- promotion of jobs. when they are on welfare, and how ings all over this country. We as a Na- I have to tell you, I am like you, Ms. much does that cost to society? tion are begging foreign countries to KAPTUR, I do not get it. I just do not So many of these Republican initia- invest in space research. It is some- get it. tives that are in this budget just make what embarrassing at times to be a Mr. BARRETT of Wisconsin. Maybe no sense in terms of the future of this beggar. On the international front, we Mr. PALLONE can help us out. country, the future of the work force, have cut foreign aid. Mr. PALLONE. I wanted to com- and even dollars. Dollars are not going When you look at where we have cut, ment, I was listening to what the two to be saved in the long run. It is going all the agriculture programs, we are Congresswomen said. One of the things to cost us more, and you brought that losing thousands and thousands of I think they are getting at, which is so out, I think, in various ways tonight. farmers, dairy farmers, vegetable farm- important, is the whole interrelation- Mr. BARRETT of Wisconsin. I think ers, tomato farmers, cattle growers. We ship with all these things and what it your comments on age warfare deserve have got people all over this country all means for our economy and the fu- a little bit of discussion because I find who are going out of business. We know ture of the country. that the arguments that the Speaker cuts have been severe. We know that and his followers make in terms of we have been about the task of putting b 2230 raising the monthly premiums on older the finances of the Government in the One of the things that bothers me people sometimes resonate quite well, proper order. But I do not understand about Speaker GINGRICH is that he al- frankly, with younger people in their why Mr. GINGRICH cannot be a partner ways seems to get involved in class twenties because they are frustrated, with us and help us to balance the warfare, age warfare, putting one group they do not see that they are going to budget responsibly rather than hurting or pitting one group against the other, have the jobs that are going to allow people who need the help the most. and these things are all so interrelated. them to support their families, they do Mrs. THURMAN. Mr. Speaker, one of Now we talked tonight about the not feel as though they can buy a home the things that I think has been left Medicare cuts, and I know to some ex- immediately, so they feel trapped, out in this debate, and I think it is not tent the leadership, the Republican many young Americans, and think, our debate but this overall debate, is leadership, tries to get the idea out, well, this might be it, and especially something that all of us came in to try well, you know, maybe the seniors are when they are told there is going to be to do, and that was to create new jobs getting too much, you know, that they this tax cut. But what I find interest- so that we could put people back to need to pay a little more, and you ing, because I thought about this, and work so that we could grow this econ- know, try to get into this thing that it I talk to younger people, and they say, omy, because not only is there the abil- is seniors against young people, almost some younger people unfortunately ity to just cut, cut, cut, but there is a generation gap, and what they fail to say, ‘‘Yeah, fine let the seniors pay also the ability to grow ourselves out tell us and fail to explain is that these more because I’m going to get a tax of this, to put people back to work so Medicare cuts and the Medicaid cuts cut.’’ H 12340 CONGRESSIONAL RECORD — HOUSE November 14, 1995

And I say, ‘‘Wait a minute, wait a New Jersey [Mr. PALLONE] talked capital gains, if it is geared in the right minute. How old are you; 23 years old? about the interrelationship and how, direction, but you have hit on the two Have you made a lot of money on cap- what kinds of programs do we need to points. In other words, you know, cap- ital gains in the last year?’’ decrease, which ones should be in- ital gains, it is going to help the mid- And they generally say, ‘‘No, what creased, and the gentleman from Wis- dle-class person, the home owner, OK. are you talking about? I don’t know consin [Mr. BARRETT] also talked about Capital gains that is going to help the what capital gains are.’’ that, where would we make invest- corporation that reinvests in the Unit- They do not know what they are. I ments for the future, where does it ed States, but that is not what we have will tell them stocks, or you made make the most sense, and I think it is in this bill, those types of investments, money selling expensive art or some- important to point out that, if you those sort of directed investments that thing like that, and they said, ‘‘No, of look at the whole economy of our coun- are going to improve the economy or course not,’’ and they may have chil- try, 80 percent of it is the private sec- help the middle-class person. That is dren. tor, so the growth has to come on the not what is in this bill. So they say, ‘‘What about the $500 private side. Twenty percent of our One of the worst aspects, Congress- credit?’’ gross domestic product is the Govern- woman KAPTUR, that—and I under- And I say, ‘‘How much is your income ment. So, as hard as we might try to stand that the conference between the a year?’’ cut and move toward a balanced budg- House and the Senate has not corrected They will say, ‘‘$20,000,’’ and I will et, the truth is, if we make the wrong this, is the proposal to take pension say, ‘‘Well, it is a nonrefundable credit, choices and we stifle growth on the pri- moneys in the House-passed version, so, if you don’t have enough tax liabil- vate side, we have all done a disservice and I understand the Senate is going to ity right now, you’re not going to bene- to the Nation, and I think that some of go along with this. They have actually fit from this $500 credit.’’ In fact, stud- the cuts that are being talked about allowed the corporations to dip into ies have shown that 46 percent of the are, in fact, ones that will inhibit workers’ pension funds and to use that kids in this country do not benefit growth on the private-sector side be- money for investments. You know, from this $500-per-child credit. cause, if you do not have an educated they could use it for a hostile takeover Now, if you make $200,000 a year, and work force, if you are throwing more of another corporation. you have got two children, you get a people into poverty who are nonproduc- Again you know I do not even like thousand-dollar credit; so, on the one tive people, if you are robbing students the idea of being able to take the pen- hand you have got the couple that of a bright future in the next century, sion funds at all, but, if you are going makes $200,000 a year that gets a thou- and, I think, if you defile your environ- to allow that, at least do it in a way sand-dollar credit, and at the exact ment, you are going to, you know, pay that you know is going to benefit the same time, in the exact same bill, you a very heavy price for it down the road, local economy or the American econ- have got an 80-year-old widow on a and I think one of the problems with omy, and they do not even to that. So fixed income of $8,000 a year, and her the proposals, the way they have come there are all kinds of things that bene- Medicare premiums are going to go out of that committee, is that they do fit the large corporations, benefit the from roughly $550 a year to close to not help the middle class to grow. I wealthy, that do not benefit the aver- $1,100 a year. So you have got a $1,000 think that in fact they make people age person or even encourage invest- tax credit to someone making $200,000 a who are trying to earn a living and ment in the United States. year here and a doubling of her Medi- keep a household together, make it Ms. KAPTUR. I am glad the gen- care premiums, or almost a doubling of much more difficult for them to stay in tleman brought up those points be- her Medicare premiums, to someone on the middle class, and we have seen cause the $40 billion that they want to a fixed income here. enough people drop out of or keep take out of workers’ pensions is double Again I stress we should balance the hanging on with their fingernails at the amount that was taken out during budget, but we are going in the wrong this point, and you cannot solve the the 1980’s, before the law was changed, direction. The priorities are wrong. Let whole problem just on the Government and, if we think back to the 1980’s, all us do it right. side, on the deficit side. You do have to the workers that have been put out on Mrs. THURMAN. Mr. Speaker, if the look at choices that you make that the streets of this country; 3–M an- gentleman will yield, I remind us of will create growth. nounced today they are laying off 5,000 what that grouping is of when you talk So I think you pointed out important people, 3,000 of them here in the United about the seniors. These are the num- aspects that we need to think about as States. Those jobs are gone. Add those bers that have come out, and help me if we make these choices, that they are to Fruit of the Loom 2 weeks ago. I I remember this. Eighty-five percent of the proper ones and they do not create mentioned yesterday that even Her- the seniors make less than $25,000 a more harm on the private-sector side, shey’s kisses in Pennsylvania has de- year; 63 percent actually make less and we have heard a lot of talk about cided to make its giant kisses in Gua- than $15,000 a year. That is who you are capital gains and who will benefit from dalajara, Mexico, so it is a giant kiss of asking about doubling on that end with that, and I think one of the issues death to all the Hershey workers in their premiums which do not go into there really is perhaps indexing of cap- Pennsylvania who will no longer be the trust fund to help Medicare anyway ital gains as opposed to just giving employed, and all the dairy farmers as compared to the one over here at money away, and there is no, no re- who supply the milk into that plant $200,000, and I have to tell you that quirement in the bill that is in that and so forth. blew my mind when I got those num- committee today that, when those dol- But it is a massive hit on workers’ bers. I did not realize that 83 percent of lars are given, they have to be invested pension funds, and I would be proud to our seniors were in that level. in the United States of America. So we serve here during a day when we talk Mr. BARRETT of Wisconsin. It is could be giving another freebie away not just about changing capital gains, surprising. and have more of our jobs taken to but helping worker gains and helping Representative KAPTUR. Mexico, or Taiwan, or wherever, and our workers benefit from their hard Ms. KAPTUR. I thank you very who is really benefiting? Not the soci- labor across this country so they can much, and I wanted to follow on points ety, not the middle class, not the have a more secure economic future, that you have all made. growth of wealth in this country, but but that $40 billion is a gigantic The gentlewoman from Florida [Mrs. rather the frittering away of scarce re- amount, double what we experienced THURMAN] talked about how do we get sources to people who already have back in the 1980’s, and we all remember our economy to grow, which is what I pretty big boats to float in. what happened then. really enjoy talking about the most—— So I just want to commend you for Mr. BARRETT of Wisconsin. What is Mrs. THURMAN. I know you do. your comments. even more amazing about that hit on Ms. KAPTUR. Not sort of treading Mr. PALLONE. If you would just the pension fund is that it was pre- water, and I wish we could spend more yield for a second, I just wanted to fol- sented to us as corporate and ends part time as a Congress debating that whole low up on what you said about capital of the corporate welfare, that they subject, and then the gentleman from gains. I actually support the concept of were going to take care of corporate November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12341 welfare by changing the pension law Mr. BARRETT of Wisconsin. OK. In I would say to President Clinton that and making it easier for companies to closing let us figure out now we are at I hope he keeps on his balanced budget raid their pension funds. That money the end of the night, we are still in the target and hangs strong on Medicare. can be used right now under current stalemate. Congressman PALLONE, Mr. BARRETT of Wisconsin. Thank law essentially only for health care what should we do to get the ball roll- you all very much. benefits and maybe some employee ing? f stock ownership plans, but under their Mr. PALLONE. Well, I think that the proposal it can be used for executive only answer is that there has to be rec- IT IS TIME WE GET OUR bonuses, it can be used for hostile take- ognition on the Republican side that FINANCIAL HOUSE IN ORDER overs, and just to paint two scenarios they are just not going to be able to The SPEAKER pro tempore. (Mr. here because it is going to make it very take money from Medicare and also TAYLOR of North Carolina). Under the attractive for companies to go out and from Medicaid in these large amounts, Speaker’s announced policy of May 12, try to find other companies to raid in these cuts, and use them for a tax cut 1995, the gentleman from Connecticut order to bleed down that pension fund, for the wealthy. [Mr. SHAYS] is recognized for 60 min- and let us assume that you are not utes. someone who is hostile and wants to b 2245 Mr. SHAYS. Mr. Speaker, I know the take over other companies, but that I think it would be very easy to come time is getting late. You have been you own a medium-sized company, you to agreement between both sides of the very gracious for being here for a long have been good to your employees, you aisle, as well as with the President, by time, and I hope I can return the favor have got your pension fund built up simply cutting back on, or I should say to the gentleman. above what the law requires because putting back a lot of the cuts on Medi- Mr. Speaker, I have been in elective you want to maybe increase the health care as well as Medicaid, not increas- office for 21 years, 13 years in the State care benefits for your retired people as ing premiums as much as has been pro- House in Connecticut, and now 8 years they get older. posed here, and, as a consequence, also in Congress. When I was in the State What does this do? It says to you, as cutting back on this tax cut for the House, I was always amazed that Con- the owner of that company, ‘‘You bet- wealthy. That is the basis for an agree- gress could spend more money than it ter take the money out of that fund be- ment on the budget I think we can all raised in revenues and deficit spend. I cause, if you don’t, you’re going to be- live with. knew you did that when times were dif- come a sitting duck for a hostile take- Mr. BARRETT of Wisconsin. Mr. ficult and in times of war, but I could over,’’ and they are going to come in, Speaker, I would ask the gentlewoman never understand how we could do that and they are going to take the money from Florida, what is her constructive in times of peace. For the first basi- out of that fund. So you have got two analysis? cally 180 years of our history, our na- full problems. First you have got the tional debt was only $375 billion; in Mrs. THURMAN. Mr. Speaker, I problem that you have got the hostile 1975, $375 billion. That funded the Span- think tomorrow we are going to have people who will come in and want to ish-American War, World War I, World an opportunity to do either a 24-hour bleed the funds, and then you got the War II, the Korean war, the Vietnam or 48-hour clean resolution and then good companies, the companies that war, these real crises in our country. allow them to continue to do the work want to take care of their workers, the After the Vietnam war, our deficit on the appropriations. My constructive companies that want to take care of was $375 billion. Since 1975, our deficits part on this would say, ‘‘I came here to their retirees, and you are creating have grown to 4,900 billion. That is a do the job, I am willing to stay here, I what is almost a mandatory incentive thirteen-fold increase in our national voted last Friday to stay here over last for them to take the money out of the debt, when times were good. weekend so we could avoid this kind of fund so that they are not the subject of I vowed that when I came to Con- train wreck we have come to.’’ I am a hostile takeover. gress, I would be on that part of the So I think that there is a multiplier willing to stay here again and work on equation that would look to get our fi- effect there that is going to make it this, but all I would ask is, I don’t nancial house in order. This is our mo- more and more difficult for people who know that I was ever a part of what ment. Our moment is right now, to get have put money in their pension funds some would like to look back over the our financial house in order, balance to see the fruits of their labor in their last and blame all the rest of us for, our budget. That is the first effort. The later years, and I think it is wrong, but I am really ready to sit down and second effort is to save our trust funds, wrong, wrong for us to be going in that work in a bipartisan manner to come particularly Medicare, which is going direction again. It is another example up with a program that we can take insolvent next year, and becomes bank- of the wrong direction. care of people within this country, and rupt in 7 short years. The Medicare Ms. KAPTUR. If the gentleman I am not ashamed of the fact that I am fund that goes bankrupt funds all of would yield, I cannot tell you how a Democrat and believe that people hospital costs. many companies we have in Ohio where need to come first in this country. Our third effort is to transform our workers work let us say for 30 years, Mr. BARRETT of Wisconsin. Mr. social and corporate welfare state into and when their pension funds went Speaker, I would ask the gentlewoman an opportunity society. That is a con- belly up, they said to the workers, ‘‘Oh, from Ohio [Ms. KAPTUR] her construc- servative word. It is a very important gee, sorry, we don’t have your pension tive comments on how to get the ball word. We are trying to give oppor- dollars,’’ or, ‘‘You worked 30 years? rolling. tunity to people. Instead of being a Well, we can only pay you 10 years.’’ Ms. KAPTUR. Mr. Speaker, first of caretaking government, we are looking I just met a gentleman the other day all we need a clean continuing resolu- to be a caring government. Instead of who worked for Eastern Airlines for tion. We ought to have one similar to people giving them the food, we are over a decade on the east coast and the one that was passed about 11⁄2 looking to help them grow the seeds, who had to move to Florida to com- months ago, without all the bells and and be able to self-sufficient. pletely change his occupation. He is whistles on it, that brings us below last I look at our society and I see too now in his fifties, enrolled in a 5-year year’s level of spending, but without many 12-year-olds having babies, I see program in environmental agriculture, all these riders and everything else 14-year-olds selling drugs, I see 15-year- a highly skilled airplane mechanic they have been trying to stick on. olds killing each other, I see 18-year- who, if he is lucky, will get maybe $300 I think also we should go back to reg- olds who cannot read their diplomas, I a year when he reaches 65 from that ular order. And I have to say to the see 24-year-olds who have never had a company for his years of employment former Speaker, Jim Wright, if he is job, not because jobs do not exist, but there, much less than he would have listening tonight, thank you for being because they simply do not feel those expected to have gotten in his retire- a great Speaker. Thank you for clear- jobs are for them, or maybe do not ment years. So we have got people all ing your bills on time. We should be have the qualifications or feel they do over this country who have been doing the same with the appropriation not have the qualifications. I see 30- robbed of their pension benefits. bills. year grandparents. H 12342 CONGRESSIONAL RECORD — HOUSE November 14, 1995 In my political career, I have seen they should come to work tomorrow. what the implications were of the in- now three generations of welfare re- But it is much bigger than our Federal formation that we have gathered, help cipients. That has to end. We have an employees. It is not a matter of getting the American people understand that if opportunity to end it in the next 2 our Federal employees back to work, it we continue down this irresponsible years. is a matter to getting an agreement and reckless path of increased spend- I am joined by my colleague, the gen- with the White House that gets us on a ing, increased spending beyond our lim- tleman from Michigan, and I am really glide path to a balanced budget. its, we are going to be facing some seri- grateful that he is here. Before yielding With that, Mr. Speaker, I yield to the ous problems: children born today, in to him, I would just like to enter into gentleman from Michigan [Mr. 1995, and over their lifetime, paying this whole debate of whether what we HOEKSTRA], and thank my colleague for $182,000 in taxes, not for anything that are doing is cutting spending, slowing participating in this special order. is going to benefit them, but for things the growth in spending, or simply not Mr. HOEKSTRA. I thank my col- that are benefiting us today. That coming to grips at all with spending. league, the gentleman from Connecti- $182,000 is only going to cover the in- During the last 7 years, we spent cut, for yielding to me. terest on the debt, their share of the about $9 trillion. In the next 7 years, Mr. Speaker, my colleague and I have interest on the debt, and that is for we expect to spend $12 trillion; in other been working with many of our friends kids born today. words, $3 trillion more in the next 7 in the House in developing a new proc- Mr. SHAYS. Not to pay back the years, a significant sum. What we are ess on how we work on the Republican debt, but just to pay the interest on trying not to do is spend over $13 tril- side of the aisle, a process of partici- the national debt. lion. We are looking to not have the pative involvement. It is one of the Mr. HOEKSTRA. That is correct. debt go up $2 trillion more. In this 7- reasons that we as a group have really They would pay an effective tax rate of year budget plan that we have, it still been able to get behind a unified vi- around 82 percent over their lifetime if would go up $1 trillion. That is embar- sion. we did nothing, so we have listened to rassing in one way, but it certainly The first step in our process as col- the American people, we have learned, should give an indication that we are leagues, as we work together, is to lis- and we have understood the problems. not being radical. We are spending ten. We have developed a process for We are helping people understand the more, the national debt goes up $1 tril- listening to each other, but more im- problems, and hopefully engaging them lion, but it will not go up $2 trillion if portantly, we have developed a process in the process to develop appropriate we have our way. for listening to the American people. solutions, because the next thing is if In the seventh year, we have slowed We did it a year and a half ago, as we we have listened, we have learned, and the growth of spending to the point went through the campaign process in we have helped, the responsibility now where it intersects with revenue, and 1994. We spend a lot of time listening to comes, and this is what we are doing in the seventh year, we will have had a the American people, having them tell this week, we are leading. balanced budget. us what was important. They said, ‘‘We Earlier this year we led with the Con- What we are asking the President of want an agenda in Washington that tract With America. We told people the United States to do is join in that will reform Washington, that changes what we were going to do, then we effort to balance the budget in 7 years. the way Washington does business.’’ Obviously, we would like him to agree We continued to hear people, in 1994, went out and did it. All year we have to our balanced budget of 7 years, but very anxious and concerned about been doing what we said we were going we are not requiring that to happen. He where we were going with the deficit, to do in 1994. We said we were going to has his priorities, I am sure, and we with the budget, very concerned about get on a path to a balanced budget. We have ours. We would have to sort that the debt we were piling on our chil- are leading. That is our vision, to get out. But the one thing we should be dren. So I think we spent a lot of time to a balanced budget, but more impor- able to agree on on a common basis is listening to each other, but more im- tantly, the benefits—and we talked getting our budget balanced in 7 years. portantly, listening to the American about shared sacrifice for getting to a To that end, that is what we are dur- people and trying to understand their balanced budget. ing. We are working to do that. It problems. Last week we had a policy committee makes it a lot easier if the President After we won the elections in 1994, we hearing where we had outside experts weighs in and helps us in that effort, spent a lot of time trying to learn and come in and talk to us about the bene- but if he does not, we are still going to understand the problem. We recog- fits of balancing the budget. They said, keep on in this effort. Someone said to nized, I think as you just pointed out, ‘‘We do not know where you are talk- me, and then I will yield to my col- that to get to a balanced budget, we ing about shared sacrifice. Number one, league, just about polls they said, ‘‘The did not have to cut spending. We could Federal spending is still going up. It is President seems to be catching the grow spending, we just could not grow going to go up from $1.5 trillion in 1995 imagination of the American people, it as fast as what maybe Congress to $1.8 trillion, a 27-percent increase in that they have more faith in him right would like to have grown it; that if all Federal spending. There is plenty of now than Congress. You are not look- we did was grow spending but grow it a money to address the needs that this ing too good in Congress with the little slower than what we had antici- country is facing.’’ polls.’’ pated, we would get to a balanced They said, ‘‘You should not be talk- I thought, ‘‘I don’t know entirely budget. ing about shared sacrifice. You ought how valid those polls are, but the one We also learned that as we looked to be talking about shared benefits of thing I know is that if President Lin- out into the year 2010 and a little be- balancing the budget.’’ The vision is coln had taken a poll during the height yond that, if we did not reform entitle- the shared benefits of lower interest of his effort to keep our Union to- ment spending in, what is it, the year rates, of an economy that is stronger gether, and he had decided based on the 2013, 100 percent of the revenues that because we are going to be more able to polls, he would have simply ended the the Government would collect would be compete internationally, we are going war and not confronted the South.’’ We used to pay for entitlement spending to be better equipped to create new would not be one nation under God, in- and interest on the debt, and there jobs, better-paying jobs. This impacts divisible, we would have been, if Presi- would not be any money left for any- the kids that are going out and getting dent Lincoln had listened to polls and thing else. a student loan, they are going to pay reacted to them, two nations, a North As we looked even closer, we looked less in interest rates. It affects the and a South. out and we learned that 7 years out, homeowners because they are going to For me, this is as epic a struggle. I the Medicare part A trust fund would be paying lower interest rates. feel for our Federal employees who are be broke, so we learned a lot of things Greenspan came, and my colleague, kind of caught in the middle of this. about the budget. For the last number the gentleman from Connecticut, and I Ultimately we know we are going to of months, we have been trying to help, are both on the Committee on the downsize Government and they will be help people understand, help our col- Budget. Alan Greenspan has come in affected. I feel for them not knowing if leagues here in Washington understand and said we will face lower interest November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12343 rates if we demonstrate to the finan- us and this is what we are going to do.’’ The School Lunch Program. They cial markets that we are serious about We had a signed Contract With Amer- said we were cutting the School Lunch balancing the budget. That is what it is ica and we invited all the challengers Program. It is $6.3 billion today. In 5 about this week. to participate. years it will be $7.8 billion. We have this vision where we are I remember the incredible outcry The Student Loan Program. They are going. We would like to do it with our that people had at first. ‘‘How can you saying we are cutting the Student colleagues on the other side of the sign a Contract With America?’’ And I Loan Program. All we are asking is aisle. We would like to do it with the said, ‘‘Well, have you read what is in that students pay interest on a period President, but they have to share our it?’’ They said, ‘‘No.’’ I said, ‘‘Why after graduation for the next 6 months, vision of getting to a balanced budget don’t you look at it and then tell me when the Federal Government has paid and getting there within 7 years. We what you think.’’ the interest. Now we are saying the have our strategies for doing that. We The press was critical, and I remem- students will pay the interest and they are going to not cut spending, we are ber the press being critical before the can defer it and amortize it over the going to slow the growth of Federal election. I said, ‘‘What do you think length of the program. We are going to spending. We are going to allow the the majority party’s Contract With spend $25.5 billion today and it will American people to share with us in America, the 10 things, the 8 things grow, by 2002, to $36 billion; $36 billion some of the benefits of decreasing the they want to do on opening day, the 10 from $24 billion. It is a 50-percent in- rate of spending increases. The projects things they want to do in the first 100 crease. Only in this place when we we now face, I mean everything is com- days is?’’ spend 50 percent more do people call it ing together at one point in time. Is not it remarkable that this Con- a cut. tract With America does not criticize b Then I look at Medicaid and Medi- 2300 President Clinton, it does not criticize care. Medicaid, we are going to spend We do need to finish the appropria- Democrats? It is a positive plan for $329 billion of additional dollars in the tions projects. Later on this week we America. So one of the things that I next 7 years that we did not spend in are going to have the Balanced Budget want to do, since I have not had a spe- the last 7. We are going to go from $89 Act of 1995, which changes entitlement cial order with the gentleman from to $124 billion. spending to put it in line with the bal- Michigan, is I wanted to thank him for In Medicare, which is an incredible anced budget. We are going to have to his leadership in helping to devise this program that we have devised to give increase the debt limit. I know my col- Contract With America that gave us a people choice, it is going to grow from league from Connecticut and I are not real vision and a strategy for accom- $178 billion today to $273 billion in 7 real excited about doing that, but we plishing change. years. We are going to spend $674 bil- The gentleman talked about a ‘‘lis- recognize that we cannot get to a bal- lion more in the next 7 years than we ten, learn, help, and lead model.’’ The anced budget in 1 year or 2 years. I did in the last 7. Again, I say only in gentleman has talked in a sense about think that 7 years might be too long, this place when we spend $674 billion our vision strategies and our projects but I think it is a reasonable time for more do people call it a cut. and our tactics, and all of it was posi- us to change our behavior in Washing- On a per capita basis, they say more tive. ton, to move to where we are today When people said to me, ‘‘Well, you people are getting into the program. from deficit spending to a balanced had this Contract With America, and But we are going on a per capita basis budget. admittedly, it helped you get elected, from $4,800 per beneficiary, per elderly, Mr. Speaker, I yield to my colleague. but you will not implement it.’’ We im- to $6,700 per beneficiary, per elderly. Mr. SHAYS. Mr. Speaker, I thank my plemented those eight reforms on open- That is a 47-percent increase per bene- colleague for yielding, and just to say ing day. Then in the first 100 days, we ficiary. That is an increase any way we to him that about a year and a half implemented 10 major reforms. I look look at it. ago, actually a little longer, I went to at those 10 major reforms, and one of Mr Speaker, I am so proud of what my then-minority whip, NEWT GING- them was a balanced budget amend- this Republican majority is doing. And RICH and said to him, ‘‘The problem is ment. I speak to my constituents in my dis- not term limits, because if it is term People said, ‘‘You voted for a bal- trict who are Republican, Democrat, limits, then you are the problem. The anced budget amendment but you unaffiliated, who do not vote at all. problem is,’’ I said, ‘‘is 40 years of one- would not be so stupid as to vote to There are things that my party can be party control. Forty years of one-party balance the budget.’’ Whether they call criticized for, but one thing it cannot control is wrong, whether it be Repub- it stupid or not, I guess they meant it be criticized for is that it cannot be lican or Democrat.’’ from the political context; that it is criticized for not doing some heavy Mr. Speaker, the next thing I knew heavy lifting and we are taking on a lifting and not trying to save this was that I was being asked to partici- lot of special interests. country from bankruptcy, because we pate in a group that the gentleman But my pride is that we have this are trying to save Medicare from bank- from Michigan [Mr. HOEKSTRA] heads. Contract With America which is a posi- ruptcy. We are ultimately trying to That is one of the things that I think tive plan for this country. We voted for save this country from bankruptcy. people do not realize about the Speak- a balanced budget amendment, but we Mr. Speaker, we want to stop mort- er, is that if you go to him with a sug- did not stop there. We voted to balance gaging the farm so that our kids have gestion or concern, and the next thing the budget. such a great debt that they cannot pay he has empowered you and you are now If the gentleman would just let me it back. We want to begin to say no a part of the process. continue just a little longer, we are more debt, no more annual deficits He put me on a group of people that slowing the growth in spending as the which at the end of the year add to the you headed, Congressman HOEKSTRA, gentleman has pointed out. In some national debt. and it was basically an effort of how to cases we are cutting programs, particu- In the seventh year, our deficits dis- decide how do we end 40 years of one- larly in discretionary programs, but in appear. They become zero. Our na- party control. This was the group that a lot of cases we are merely slowing tional debt does not keep going up and ultimately worked on the Contract the growth of programs. we have done it by allowing spending With America, and the Capitol steps The earned income tax credit that to go up. We simply want to slow the event. helps those who are the poorest, they growth in that spending. And in the Why was there a Capitol steps event? end up not paying taxes. They are the process, we allow for this social cor- We wanted to catch the imagination of working poor, and they actually get porate welfare state to be transformed the American people and let them something in return. People are saying into what is truly an opportunity soci- know that, if they were to elect us, on the other side of the aisle that we ety. that it would not be business as usual. are cutting the earned income tax cred- There is going to be much more op- It would be like in Great Britain or in it. Today it is $19.8 billion. In the sev- portunity. We can go on. What is the Canada when there is a change of gov- enth year it grows to $27.5 billion. That benefit of getting this deficit down? I ernment. Mr. Speaker, we said, ‘‘Elect is a significant increase. mean the gentleman from Michigan H 12344 CONGRESSIONAL RECORD — HOUSE November 14, 1995 has pointed out obviously interest b 2310 bers of Congress is to come in here and rates go down. Mortgages go down. Car We are willing to put aside part of pretend that these problems do not loans go down. Student loan costs go our personal interests because we share exist. The easiest thing in the world is down. Even though we ask students that objective of getting to a balanced to say, sure, Mr. President, spend all pay a little more interest for 6 months, budget. It is going to be hard work. I the money you want. Go ahead and bor- they are going to pay a lot less interest hope that the President, that he comes row all the money you want. But we during the entire period of their loan. out and says, I will do it with you. I know that it would not be right. And it Businesses will start to invest more be- will balance it, because we will get a has been a darn tough challenge over cause money will be cheaper. When better solution because we will have the last 10 months to take a look at a they invest more, they are going to 435 Members and the President taking $1.5 trillion budget and make the kinds create more jobs. a look and scrubbing our proposals. It of adjustments, frankly, not the kinds We borrow 42 percent of the money will get better if we hang onto that of cuts that are being described, but that is available for investment. We, balancing the budget within 7 years. adjustments in terms of a slower rate the Federal Government, borrow 42 Mr. SHAYS. Mr. Speaker, I think the of growth in Government spending so percent of all savings to fund the na- key point is that we believe that at the that we can get to a point of having a tional debt. That has to end. very latest we should balance the budg- balanced budget by the year 2002. Mr. Speaker, I notice we are joined et in 7 years. Someone said what is so But again, I want to go back particu- by my colleague from Maine. I would magical about 7 years. Nothing except larly because earlier this evening, like to welcome him and yield back for the fact that over 300 Members of there were Members on the floor that time to the gentleman from Michigan this House, Republicans and Demo- were discussing the fact that we should if he would like to go on, and then I crats, have voted for a balanced budget have had all our work done by July or would love, Mr. LONGLEY, if you would amendment to be balanced in 7 years. August. The point that I would like to like to enter in. He looks like he is So over 300 or more than three-quar- make is, yes, prior Congresses have had ready to enter in. ters, almost three-quarters of the all their work done by July or August. Mr. HOEKSTRA. I would like to Members here voted for a 7-year bal- They spent as much money as they make a couple of points, building off of anced budget. Candidly, nothing magi- wanted to spend. And when they did what my colleague from Connecticut cal about a 7-year budget. I think it not have enough money, they just talked about. I think they really do should be 4 or 5. But at the very least, raised taxes to pay for it. talk about how we want to work as a within 7. I think the gentleman’s point Mr. HOEKSTRA. Mr. Speaker, I majority, the kind of vision that we that the President could make it a bet- think my colleague from Connecticut have for how we want to whole House ter budget, we are not saying it has to probably will want to jump in, our re- to work. It is that we want to focus on be our 7-year budget, ‘‘our’’ being Re- search shows that there have been nine a positive message. publican. It can be ‘‘our’’ being Demo- Government shutdowns since 1981. And Mr. Speaker, we have a positive mes- crat and Republican, a 7-year budget. in that same period of time, there have sage. We have, I think, all a positive vi- Mr. HOEKSTRA. We have seen that. been 57 continuing resolutions. Con- sion for where this country needs to go This is not your 7-year budget. It is not gress has not always gotten its work and what we want to do. So we can talk mine. If you developed one, it probably done in the first part of September. about where we want it to be in the fu- would have been different than mine. Mr. SHAYS Mr. Speaker, I think we ture. We can talk about it in a very, But we have put aside our differences can be very candid. I would love it if we very positive way. and agreed on one that we can get that had had this budget done by October 1. In a way, that reaches across to the kind of unanimity on. I just want to I am not going to say because it hap- other side of the aisle, and reaches out say, we are also making some key pened in the past we should have done to the President and says, ‘‘We have a structural changes in programs that it, because we would like to think that vision and a very positive vision. And are going to reform programs and that we are different. I think the challenge we really would like you to work with are going to make these programs bet- has been that for the first time we are us.’’ ter for the long term. trying to balance the budget and get I think again on the Committee on I think the other thing that we have our financial house in order. We have the Budget, we are willing to work to recognize is, maybe one of my col- taken on every special interest group with Members who share this vision of leagues would like to share on this, the you can imagine. By special interest financial stability and financial sound- dynamics, after the year 2000, espe- group, I do not even mean that in a de- ness. In the meetings that we had cially on entitlement programs do not rogatory way. We have just taken where we kicked off the year in the get any better. If we blink in 1995, what every group and said that they need to Committee on the Budget, we were happens in 2005 with the baby boomers, share in this wonderful, and I say won- joined by one our colleagues from the the dynamics are working against us. derful, opportunity to get this finan- other side of the aisle who said, ‘‘I All the entitlement spending on Medi- cial house in order. Because ultimately share your vision for restoring this care, Social Security, and all of these the benefits will be extraordinary. But country to financial soundness,’’ and programs is going to skyrocket as the it has not been ready by October 1. that gentleman participated in all of baby boomers get there. And so if we But the one point I make is that by our meetings because he recognized do not solve or start addressing this Friday we will have the job done. We that where we wanted to go was where problem in 1995, it is not going to go will give the President a balanced he wanted to go. away. It is only going to get worse. budget. It will get us on a glidepath to We recognized that it was going to be That is why today, yesterday and the a balance in 7 years. It will still allow hard work. Getting to a balanced budg- next 7 to 10 days are so, so critical to spending to increase, and it would be et, I think we have found out, has not get this under control. easier if our colleagues on the other been easy. We have many differences I yield to the gentleman from Maine side of the aisle were contributing to from the Northeast to the West, to the [Mr. LONGLEY]. helping. South, to the Midwest. We all have our Mr. LONGLEY. Mr. Speaker, I appre- Someone said, why have you not different priorities. But when we have ciate the comments. I think the first downsized Government, and we said we come together as 234 Members and said, thing that I would like to pick up on is are, and we are in the process. But ‘‘We share this vision of getting to a what both of you have been saying when a private company downsizes, the balanced budget,’’ and we keep our which is that we have a positive agen- corporate people get together in a focus on that end goal, we have all da. We are not here to criticize anyone room. They decide the policy and they been able to put aside some of our per- else. We are here to deal constructively speak with unanimity. In this case, sonal desires and our personal prior- with the Nation’s problems, try to re- you have a government. We are trying ities and say, ‘‘It is more important for spond to what the public demanded last to downsize the Government. And you us to reach that goal together, because November. And I think it is important have part of the board of directors on that is the only way that we are going that we make a point that the easiest the other side saying, no, we should not to get there.’’ thing in the world for us to do as Mem- downsize government and we should November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12345 not control the growth in spending. tive branch, and the judicial branch, that, changing the law of the land. It But we are going to get the job done. all the different departments and agen- will enable us perhaps to do budget re- Mr. HOEKSTRA. In downsizing gov- cies in the executive branch, all the form so that we can identify capital ernment, I came from a company that grants there, then foreign aid and then spending versus expense spending so we downsized. Actually, when we defense spending. That is what it basi- can do some budget reform. We maybe downsized in the private sector, when cally looks at. actually can even run the budget like we got done the number of employees And we have been trying to control the private sector does so that when and our costs were actually less. Re- the growth of spending by just focusing accountants came in and took a look member when we are downsizing in on domestic spending, when we know at our books, they would say, ‘‘Yeah, Washington, we are downsizing a $1.5 and Mr. Panetta, when he was a Mem- that makes sense.’’ trillion budget. And in 7 years it will ber of Congress, the chairman of the How does Washington run today? The be $1.8 trillion budget. So downsizing in Committee on the Budget, he said, we biggest budget in the country; how do the private sector is a little different are ultimately not going to control the we run it? We run it on a cash basis. No than downsizing in Washington. growth of spending until we control the company in the country would pass Mr. SHAYS. It is. And it has not been growth of entitlements. This is the any financial test by any auditing firm easy. But the bottom line is, we are first Congress that has taken on that if they ran on a cash basis. The do ac- doing our best. I am really proud of the task. crual accounting. We have got liabil- job we have been doing. It is leading me to the point, my col- ities out there for Federal employees Mr. LONGLEY. Mr. Speaker, I think league may have wondered where I was who are earning pensions. If we are in that the other point that needs to be headed here. He made the point that we the private sector, we would have to be made is that we have been given lit- have this incredible opportunity to bal- setting money aside to make sure that erally three or four different plans by ance the budget in 7 years. But even that money is there to pay their pen- the administration. And I think that it when we do it, we still have to come to sions. We do not do that for Federal has been a challenge for us to sort grips with the baby boomers that start employees because we run on a cash through these different options in entering Social Security in the year basis. terms of trying to reach the honest ob- 2010. And by the year 2030, you have 65- I mean it is unbelievable, but, if we jective of a balanced budget. to 85-year-old baby boomers in the sys- get to a balanced budget, maybe we can I think one of the things that was tem, totally utilizing all the funds. make that reform. Like the gentleman just astounding to me as a new Member And the system quickly becomes bank- said, if we get to a balanced budget, of Congress was to come to Washing- rupt. maybe Congress can grab back this en- ton, to come to this body and to dis- So if we cannot come to grips with titlement monster, not to change the cover that there is a significant por- getting, slowing the growth of entitle- programs, but to assume the respon- tion of the Congress and the adminis- ments now, if we cannot do that now, sibility each and every year, which is tration that has no intention whatso- we are doomed in the future. That is ours, that says, yes, we are going to ever of balancing the budget. the bottom line. So we have to begin to spend this much money to provide slow the growth of entitlements and In fact, I think it is fair to say that these services rather than it being then ultimately we will have to revisit this entire debate that we are now en- automatic. Entitlement spending is this issue on a bipartisan basis. gaged in that began in earnest last one of I do not know how it ever got night with the failure of the President I will tell you this, I do not think it is going to be possible for one party to here, but when Congress gave that au- to come to some agreement with the thority away and said we are automati- leaders of the Congress is that the bot- take that issue on like we are trying to take this issue on now. cally going to spend that money with- tom line is, they do not want to bal- out reviewing it each and every year, ance the budget. And I think I would b 2320 we gave up our responsibility in loss— defer to what the gentleman from Con- When the experts came in last week well, we did not lose accountability, necticut said, the issue is no later than and they talked about the advantages but we put in place a monster that has 7 years. We will be lucky, frankly, if we in how getting to a balanced budget is gotten out of control. If we actually have 7 years to balance the budget. going to free us up, I mean it is going get, as we move to a balanced budget, And within that 7-year time frame, we to drive to a stronger economy. But as these are the kinds of reforms that we are going to be willing to be as accom- we have talked about reforms that can get back in, and we can say we are modating as we can in terms of dif- need to take place here in Washington, actually going to run this country ferent senses of priorities. But we have about just about how we budget, they under the types of financial rules and got to put an end to this mindlessness said, you know, just think, when you regulations that insure long-term fi- of just continuing debt as far as the actually lay out a plan, and you start nancial soundness. eye can see because it is just not going going down the path of a balanced I yield to the gentleman. to work for this country. It is going to budget, think of how it will free us up Mr. LONGLEY. I just would pick up destroy this country. to make the reforms that we need to on what the gentleman from Michigan Mr. SHAYS. Mr. Speaker, half of our make. If we actually—what is one of is saying. budget are entitlements: Social Secu- the stronger arguments against a bal- You have I think, and again I want to rity, Medicare, Medicaid, and a whole anced budget amendment? Well, no- speak as a new Member and as some- host of other entitlements, food body has laid out a path. Well, we have body who is new to this body, albeit we stamps, welfare. You fit the title, you actually, we are going down the path. have been here now for 10 or 11 months. get the benefit. That is half of our Maybe we can find that one more Sen- It has been amazing to me to see the budget. I do not get to vote on it. You ator, or we can find that one more per- extent to which those who have been in do not get to vote on it. It does not son in the other body, that will vote Washington, particularly those who come out of the appropriations com- for a balanced budget amendment so have been here much longer than any mittee. It is on automatic pilot. that balancing the budget does not be- of the three of us, just take it for Basically we have another 15 percent come a nice to every year, it becomes granted that we continue to spend and of our budget that is on automatic a have to, it becomes the law of the acquire the level of debt that we have pilot, too. It is mandatory spending. It land that we will not fall into this trap been acquiring, and not only do they is interest on the national debt. I have again. take it for granted, but even the entire, been here 8 years now. I voted on one- Mr. SHAYS. Like every State in this all of the, committee structures, the third of the budget. The reason why country has to balance its budget, and language that we use, everything is Gramm-Rudman failed, one of the rea- obviously during times of emergencies, built on the assumption that Washing- sons that process that was intended to then during times of emergencies we ton will take more and more of what control the growth of spending because can have a deficit budget, but only in the public is producing and having less it only looked at what we call discre- emergencies. and less go to the average citizen who tionary spending, the spending that Mr. HOEKSTRA. So that we have a is across the country, that it is al- funds the executive branch, the legisla- realistic chance then of getting to most—it is a mind set that we here in H 12346 CONGRESSIONAL RECORD — HOUSE November 14, 1995

Washington have a right to take the So we are really just saying to him, from Connecticut [Mr. SHAYS] has an- money from the public and spend it the ‘‘Give us a balanced budget within 7 ticipated in terms of the baby boomers way that we want to and that it is al- years.’’ and the tremendous pressure we face in most heretical to even suggest the idea Now what we could do when he did the early part of the 21st century. that we should be restoring power to that is to say we have given you our 7- These are some tough issues we need to individual citizens across the country, year budget, now you give us your 7- deal with today to get them behind us, the most basic form of power, which is year budget. Let us see where the dif- so that we can protect Medicare, pro- the ability to control your own income, ferences are, let us see what the tect Social Security for the genera- and again the extent to—the public is similarities are, but by the President tions to come. confused about what we are discussing refusing to even agree to a 7-year budg- But there is also something else that here, and again there is not anybody et, he has been able to basically stand is very important, because 6 or 8 that regrets the partisanship more on the sideline, almost as someone just months ago we voted on the floor of than I do and wishes that we could get watching this, and not weighing in. Ul- this House for a balanced budget constructive dialog from the other side timately he is the President, he has to amendment. Three hundred Members of of the aisle. weigh in. the Congress voted in favor of bal- ancing the budget by the year 2002. But the fact of the matter is this is Mr. HOEKSTRA. Well, I mean the process that we could use with the That is what 300 Members said. all about whether or not we are going I guess the point that I would like to to balance the budget. President is very similar to what we did in the Committee on the Budget. I make is that sometimes there is a dif- Mr. SHAYS. I was thinking, if the mean we spent what, 3, 4 months, the ference between what people say and gentleman will yield, just in terms of first 4 months of this year, going what people are willing to do. The fact determination. You know, I have had through it saying, ‘‘OK, we’ve agreed as of the matter is that we have had 300 some people say, ‘‘What’s so magical what, 18–20 Members, that we are going votes on record in this body for a 7- about a 7-year budget,’’ and, as I point- to balance the budget. We brought in year balanced budget pursuant to the ed out, nothing is magical about it if experts from all the different depart- terms of the balanced budget amend- we can do it in 4 or 5 years. If I were ments. We brought in our own knowl- ment, and we are only doing exactly running for the President of the United edge, our own staff, our own biases.’’ what we said we were going to do. That States, I would want to tell the Amer- is what I find remarkable about all the ican people I would do it under my b 2330 disagreement and hullabaloo that we watch and not under somebody else’s We said, ‘‘OK. We have to get to here, have been hearing on the floor of this watch. So, nothing magical about 7 we have to get to there.’’ You had some House. years. We could do it sooner. ideas, I had some ideas, and we all Mr. HOEKSTRA. What is that? shared our ideas. Mr. LONGLEY. Hullabaloo. But I was thinking, if I asked you, Mr. HOEKSTRA. It is a northeastern Mr. HOEKSTRA, and if the President of Mr. SHAYS. We had to compromise. Mr. HOEKSTRA. We fought through term. the United States said to you, ‘‘How do Mr. SHAYS. It comes from Maine. I the issues. I do not know if we com- I get out of this mess?’’ I mean you all do not even know in Connecticut. are insisting on a balanced budget promised, but we listened to each Mr. LONGLEY. I could come up with amendment. I do not want to—I do not other, we learned from each other. At more terms, but I will save the dignity want to do what you are doing. How the end, the gentleman from Ohio, of this Chamber. would you reach out to the President JOHN KASICH, he led. He said, ‘‘I have Mr. SHAYS. Mr. Speaker, if the gen- and say to him you need to be a part of listened to all of you, I have taken tleman will yield, I was thinking that this, and what are we asking the Presi- your input. You know, some of you are the President did come in with a 10- dent to do? going to win, some are going to lose, year budget. I got excited. At least we but we have to get off the dime. Here is Mr. HOEKSTRA. Well, we are asking had a 10-year budget. But he did not where we are going.’’ have any details. Then we gave it to the President to sit down, understand We sat down at the end of the day our vision for where we want America the Congressional Budget Office, and and said, ‘‘I do not agree with all the they said the 10-year budget is never in to be, where we want America to be in decisions that were made, but you 7 years, understand the vision, under- balance. They point out in the last 6 know what, this package is something years, basically in 1997 his deficits stand what we want America to look that we can all get behind and we are like, understand what we perceive the would be $205 billion, then it goes to going there.’’ If the President says ‘‘I $203 billion, $250 billion, $221 billion, benefits of moving in this direction, am going to balance the budget in 7 and understand what we believe to be a $215 billion, $209 billion, $207 billion, years,’’ he can put his plan and we will $206 billion. In the year 2005 it is at $209 very rational way of getting there, by get in the room again and we will start just slowing the growth of the Federal billion of deficits. doing the same give and take, and if we Really, what I think we would be spending. are all agreed on that vision, it would asking the President to do is come in Mr. SHAYS. And following your very free us all up to have a wonderful dia- with a 7-year plan, your plan. We have model of listening, we would be listen- log and a wonderful debate about how our plan. Then let us compare it. Let ing to him as well as to how he would we are going to get to a very positive us see where the similarities are. Let do it, and then we could, I would think, future. us see how we can go forward. hope to marry that vision that we Mr. LONGLEY. If the gentleman will Mr. Speaker, we have 15 minutes left, have, but clearly I think I would be continue to yield, let us put the whole and I would love to weigh in on one saying to the President of the United issue in its simplest terms, Mr. Speak- issue, that is Medicare. It is just an ex- States, ‘‘Mr. President, we need to bal- er. There are some people who believe ample of a program that we designed ance the budget within 7 years, and you the budget should be balanced today. which I think saves money and also im- need to understand our determination There are also some people who believe proves the system. If the gentlemen do on that issue. Over 300 Members of Con- the budget should never be balanced, so not mind, I would love to just kind of gress, Republicans and Democrats, felt you have today versus never. weigh in. that balancing the budget within that In between, there are some that say 3 This is an example of a program that time was the outer limit. Now what and 4 years, there may be some that simply was growing at more than 10 goes in that budget can be a combina- say 10 years. The President at different percent to 12 percent a year, doubling tion of our vision and your vision. How times has said either 5 years, 10 years, every 5 to 7 years, depending on which we do it is clearly open for debate. We never, and sometimes he said 8 or 9, de- years it was growing, and we said that think there also should be a tax cut. pending on what day of the week it is. we felt that we could make a savings in You think there should be a tax cut. The fact of the matter is that we have the program, allow it to grow at about We should determine how that should settled on 7 because not only is it a 6.5 percent a year, save $270 billion in happen. But again that’s a shared re- reasonable compromise, but we have the process. We were able to do it by sponsibility.’’ also looked at what the gentleman actually improving the service. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12347 I have had people say, ‘‘How could I rupt. One hundred and thirty-seven bil- I see this as potentially helping re- vote for the Medicare plan?’’ I say, lion dollars of it goes into Medicare verse the trend toward elimination of ‘‘Describe it to me.’’ They describe a part B, so that $270 billion is saving the rural health care, and consolidation in plan described by my colleagues on the program from bankruptcy. It is not the urban areas. I think it is an excit- other side of the aisle, which is not our going into the general fund, it is not ing option, which, frankly, we ought to plan. Our plan has no copayment, no being used for tax cuts. It is going di- be considering whether or not there increase in the copayment, no increase rectly into saving the Medicare plan. were problems with the Medicare Sys- in deduction, no new deduction. The Mr. LONGLEY. Mr. Speaker, if the tem. premium stays at 311⁄2 percent. As gentleman will continue to yield, I Mr. HOEKSTRA. If the gentleman health care costs go up, the premium think one of the things we forget about will yield, I think if we go back and will go up at 311⁄2 percent of additional Medicare is that this is a program that say, ‘‘Why can we do this?’’ When we health care costs. Who pays the other is paid for by taxes on the wages of are taking a look at Medicare, we are part of that Medicare Part B premium? working people, or by seniors through taking a look at a program that start- The taxpayer. They pay 681⁄2 percent. their premiums. ed in the 1960’s; that basically for 30 We are saying that the taxpayers will We have an obligation, a serious fidu- years has remained unchanged. continue to pay 681⁄2 percent. Tax- ciary duty, to act in the best interests I entered the work force in 1977. payers will pay more and more of Medi- of the trusts and in the participants in From 1977 to 1992, before I came into care. Now, we have this plan and we ba- the program. As the gentleman says, Congress, in the private sector we saw sically do not change in a negative way any dollars that are saved are staying an explosion of, sure, health care costs, any beneficiary except, candidly, some in the program, but when we looked at but also an explosion of health care op- in my district that tend to be wealthy. the problems, and I want to speak to tions. Those who are the wealthiest, if you this, because I campaigned on the b 2340 trustees’ report, not this past year but make $100,000, you would start to pay Changes, innovations in terms of the over a year ago, in April 1994 when the more for Medicare part B. If you make choices I had to make, the services trustees came out and said that all more than $125,000 and you are married, that the company that I worked for three of the major trust funds were you start to pay more for Medicare provided. The options that they pro- part B. The wealthier, more affluent going to run out of money, including vided me and my family for health care will pay more for a certain part of Med- the disability fund, the Medicare fund, coverage, all kinds of innovations icare, but only the wealthiest. and even the general trust fund. going on in the health care field, none I decried the fact that Congress and Then I have people who say, ‘‘Con- of which made their way into Medicare. gressman, I want the same kind of past Congresses had just blown this off, So now, finally, in 1995, we are bring- health care you have: Choice.’’ What as if it was no big deal and nothing to ing and we are catching up to 1960’s we have done with our Medicare plan is worry about. I thought that was out- program, fee-for-service, traditional give them choice. We allow people to rageous, and I think many of the vot- fee-for-service. The most expensive, in- stay in the traditional fee-for-service ers that I spoke to felt exactly the efficient way to provide health care to system they have, or we say they can same way. individuals. We are updating that. go and get any host of new programs. When this later report came out in For those that like that program, I The only way that they have to April 1995 and said exactly the same had that at my own employer. I said, leave, they never have to leave, they thing, I went back to my district and ‘‘If you want to keep a traditional pro- can stay as long as they want in the said, ‘‘This is exactly what I have been gram, you can do that, but here are present Medicare System, they keep talking about for the last year.’’ There some other options which may be more their same doctors, and they would is something else. Forget the fact that exciting and more advantageous to only leave if they proactively decide to the trustees have warned us that the you. Take a look at them.’’ leave. If they leave and get into private fund goes into deficit next year, and Mr. Speaker, and that is the same care plans, they can come back every goes bankrupt by the year 2002. Let us thing we are doing. If you like the tra- month for the next 24 months, the next forget the fact for a minute that de- ditional fee-for-service Medicare Pro- 2 years. We allow people to go in, and spite all of the false accusations, we gram, can you keep it. Your premiums if they do not like it, they can come are actually going to provide a rate of stay the same. Your copays do not back and get what they always have increased funding that is twice the rate change. It is the same program. had. of inflation, maybe three times the Mr. LONGLEY. Again, I want to re- I think to myself, how can anyone rate of inflation, depending on the rate emphasize exactly what the gentleman oppose it? No increase in copayment, of inflation, but roughly, we are look- from Michigan is saying. What we are no increase in deduction, the premium ing at about a 6 percent to 7-percent really saying to the seniors of this stays at 311⁄2 percent, and now they annual increase in spending, a per ben- country is that we are going to guaran- have MedicarePlus. They get to choose. eficiary increase from $4,800 to $6,700 tee them the right to keep Medicare as Why would they leave the system they per beneficiary per year, an astounding they know it, if that is what they have? They can get eye care, dental amount of money. Forget all of that want. We are also going to be providing care, they might get a rebate on their for a minute. Let us assume none of choices in either managed care type copayment or deduction, or they may these problems exist. programs, or what I also view as an ex- have their Medigap paid for the new When I look at the choices that the citing opportunity, the possibility that plan, or there may be no Medigap gentleman from Connecticut and the they could obtain an association-spon- costs. gentleman from Michigan and others sored plan or a union-sponsored plan or We devised a plan that gives them have developed, I see options that are a company-sponsored plan that could choice, allows them to keep what they potentially very positive, particularly continue after they turn 65 and would have, allows the program to grow from for a State like mine, the State of normally be in the Medicare Program. $4,800 per beneficiary to $6,700 per bene- Maine. We have a problem with rural By the way, if they do not like any of ficiary. To me this is just one of the health care. those programs, we are going to guar- good examples that we have found a We have a big government program antee them the right on a monthly way, nothing magical about it, just in the form of Medicare that is highly basis to go back into Medicare. It is as- good common sense, to save money in consolidated, which drives participants tounding to me that we would be criti- Medicare and increase and improve the and drives costs to the urban centers. cized for providing this kind of choice. plan for everyone, and in the process We are going to be creating options in Mr. SHAYS. If the gentleman would save Medicare. this plan for local physicians to estab- yield, I was asked by a Time magazine I would just make this final point: lish their own provider service net- reporter, she wanted to follow me What happens to the $270 billion of sav- works, which will give local seniors the around because she heard that so many ings? One hundred and thirty-three bil- ability to choose a health plan that is people did not like the Medicare plan. lion dollars of it goes into the Medicare actually oriented to their own commu- She came to Greenwich and I had a dia- part A trust fund that is going bank- nities. log on the radio and people seemed H 12348 CONGRESSIONAL RECORD — HOUSE November 14, 1995 comfortable with it. She was dis- Mr. SHAYS. Mr. Speaker, I yield (The following Members (at the re- appointed and she said ‘‘I know that back and I hope, Mr. Speaker, I have quest of Mr. PALLONE) and to include people do not like it.’’ I said, ‘‘You the opportunity to be at the dais and extraneous matter:) come to Bridgeport and we will get on have you have a special order. It is a Mrs. MEEK of Florida. Tim Quinn’s program and I will let him quarter of 12. You have been here a Mr. NEAL in two instances. get the troops all riled up.’’ very long time and we thank you from Mr. BARRETT of Wisconsin. We got there a half an hour after he the bottom of our heart. Mr. STOKES. started the program. The first call, I f Mrs. MINK of Hawaii. noticed that the Time reporter was Mr. JACOBS. very excited. The first call was, ‘‘Mr. LEAVE OF ABSENCE Mr. LIPINSKI. SHAYS, I have a problem with my heart By unanimous consent, leave of ab- Mr. MILLER of California. and I have Dr. So-and-so. I have a prob- sence was granted to: (The following Members (at the re- lem with my kidney, and I have Dr. So- Mr. YATES (at the request of Mr. GEP- quest of Mr. FOLEY) and to include ex- and-so. My regular doctor is So-and- HARDT) for yesterday and today, No- traneous matter:) so.’’ And they said, ‘‘Am I going to be vember 13 and 14, on account of illness. Mr. OXLEY. denied the ability to have those doc- Mr. TUCKER (at the request of Mr. Mr. CALVERT. tors?’’ The answer was a simple, ‘‘No.’’ GEPHARDT) for the week of November Mr. GILMAN. Just to reiterate the point, the calls 13, on account of official business. Mr. SMITH of Texas. from that point on, when people under- Mr. VOLKMER (at the request of Mr. Mr. ALLARD. stood the plan was, ‘‘Tell me more GEPHARDT) after 3:30 p.m. today, on ac- Mr. SOLOMON. about the plan.’’ We can talk a long count of illness in the family. Mr. HORN. time about Medicare. The bottom line f is that it is an exciting program that (The following Members (at the re- we are doing with MedicarePlus. Par- SPECIAL ORDERS GRANTED quest of Mr. SHAYS) and to include ex- traneous matter:) ticipants can keep the old system or By unanimous consent, permission to Mr. STARK. get a new system. address the House, following the legis- Mr. HOEKSTRA. We can go back to lative program and any special orders Mr. PACKARD. how we started this special order. We heretofore entered, was granted to: Mr. COSTELLO. went through a process in designing (The following Members (at the re- Mr. PETERSON of Florida. this new Medicare program of listening quest of Mr. PALLONE) to revise and ex- Mr. WHITE. to seniors; listening to providers; lis- tend their remarks and include extra- Mr. OBERSTAR. tening to doctors; taking a look; listen- neous material:) Mr. REED. ing; learning. Ms. KAPTUR, for 5 minutes, today. Mr. STOKES. We are now in a process, we are still Mr. PALLONE, for 5 minutes, today. Mr. JACOBS. listening and learning as we roll out Ms. JACKSON-LEE, for 5 minutes, Mr. HAYES. this program, but we are helping people today. f understand what we are doing and we Mrs. MINK of Hawaii, for 5 minutes, are leading which is our responsibility. today. BILLS PRESENTED TO THE We have gone through the steps. Lis- Ms. BROWN of Florida, for 5 minutes, PRESIDENT ten, learn, help, lead. today. Mr. Thomas, from the Committee on Mrs. THURMAN, for 5 minutes, today. Mr. LONGLEY. Something else, and House Oversight, reported that that Mr. GENE GREEN of Texas, for 5 min- this is important, we are daring to committee did on this day present to shatter the stereotypes that Washing- utes, today. Mr. BROWN of Ohio, for 5 minutes, the President, for his approval, bills of ton will not respond to the problems the House of the following title: that the average Americans are experi- today. encing. It is demonstrating to me how Mr. HILLIARD, for 5 minutes, today. On November 13, 1995: H.J. Res. 115. Joint resolution making fur- entrenched many of the vested inter- (The following Members (at the re- quest of Mr. FOLEY) to revise and ex- ther continuing appropriations for the fiscal ests are in this city and how absolutely year 1996, and for other purposes. desperate they are to avoid any type of tend their remarks and include extra- f change whatsoever. neous material:) I think it is exciting that we are will- Mr. FOLEY, for 5 minutes, today. Mr. MILLER of Florida, for 5 minutes, ADJOURNMENT ing to stand up to the special interests today. and make the kinds of changes that we Mr. SHAYS. Mr. Speaker, I move Mr. SMITH of Michigan, for 5 minutes, need to make; not only improve these that the House do now adjourn. today. programs to strengthen them for the The motion was agreed to; accord- Mr. KIM, for 5 minutes, today. ingly (at 11 o’clock and 45 minutes future, but candidly on a positive basis Mr. DUNCAN, for 5 minutes, today. to provide the kinds of choices that up p.m.), the House adjourned until to- Mr. TIAHRT, for 5 minutes, today. morrow, Wednesday, November 15, 1995, to now Americans will not have ever Mr. KINGSTON, for 5 minutes, today. at 10 a.m. had. Mr. RIGGS, for 5 minutes each day, on Mr. SHAYS. The concept of listening, November 14 and 15. f learning, helping. We helped to make Mr. LEACH, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, this program a better program and now Mr. FOX of Pennsylvania, for 5 min- we are going through the process of utes, today. ETC. leading, and leading takes some heat. I (The following Member (at her own Under clause 2 of rule XXIV, execu- am more than eager, because I believe request) to revise and extend her re- tive communications were taken from so strongly in what we are doing, to marks and include extraneous mate- the Speaker’s table and referred as fol- take that heat. rial:) lows: Mr. Speaker, I give my colleague the Ms. MCKINNEY, for 5 minutes, today. 1674. A letter from the President and minute left to close up this discussion. (The following Member (at his own Chairman, Export-Import Bank of the United Mr. HOEKSTRA. Mr. Speaker, I request) to revise and extend his re- States, transmitting a report involving Unit- think we told the staff that has been so marks and include extraneous mate- ed States exports to Trinidad and Tobago, gracious in staying that we are going rial:) pursuant to 12 U.S.C. 635(b)(3)(i); to the Com- to let them out early. We will do this Mr. BISHOP, for 5 minutes, today. mittee on Banking and Financial Services. 1675. A letter from the Director, Defense in the Republican way. We will not f Security Assistant Agency; transmitting no- take the full hour; we will take 591⁄2 EXTENSION OF REMARKS tification that the Department of Defense minutes. has completed delivery of defense articles, Mr. LONGLEY. I say to my col- By unanimous consent, permission to services, and training on the attached list to leagues, I appreciate the opportunity revise and extend remarks was granted Jamaica, pursuant to 22 U.S.C. 2318(b)(2); to to be on the floor with you tonight. to: the Committee on International Relations. November 14, 1995 CONGRESSIONAL RECORD — HOUSE H 12349

1676. A communication from the President (Rept. 104–337). Referred to the House Cal- STUDDS, Mr. YATES, Mr. STARK, Mr. of the United States, transmitting the bi- endar. VOLKMER, Mrs. THURMAN, Mr. FROST, monthly report on progress toward a nego- Mr. DIAZ-BALART: Committee on Rules. Mr. MILLER of California, Mr. LA- tiated settlement of the Cyprus question, in- House Resolution 267. Resolution waiving FALCE, Mr. OBERSTAR, Mr. GEJDEN- cluding any relevant reports from the Sec- points of order against the conference report SON, Ms. EDDIE BERNICE JOHNSON of retary General of the United Nations, pursu- to accompany the bill (H.R. 2020) making ap- Texas, Mr. LIPINSKI, Mr. STUPAK, Mr. ant to 22 U.S.C. 2373(c); to the Committee on propriations for the Treasury Department, NEAL of Massachusetts, Mr. FATTAH, International Relations. the U.S. Postal Service, the Executive Office Ms. DANNER, Ms. SLAUGHTER, Mr. 1677. A communication from the President of the President, and certain independent THORNTON, Mr. COSTELLO, Mr. ENGEL, of the United States, transmitting the fiscal agencies, for the fiscal year ending Septem- Mr. MFUME, Mr. VENTO, Mr. CHAP- years 1994 and 1995 report entitled ‘‘Inter- ber 30, 1996, and for other purposes (Rept. MAN, Mr. HOLDEN, Mr. KLECZKA, Mr. national Exchange and Training Activities of 104–338). Referred to the House Calendar. DE LA GARZA, Mr. POSHARD, Ms. the U.S. Government,’’ prepared by the U.S. Mr. CANADY: Committee on the Judici- ESHOO, Mr. WISE, Mr. MARKEY, Mr. Information Agency [USIA] in coordination ary. H.R. 2564. A bill to provide for the dis- PETE GEREN of Texas, Mr. COLEMAN, with the Vice President’s National Perform- closure of lobbying activities to influence Mr. LANTOS, Mr. RAHALL, Mr. CON- ance Review, pursuant to section 229(a) of the Federal Government, and for other pur- YERS, Mr. KLINK, Ms. MCCARTHY, Mr. the Foreign Relations Authorization Act, fis- poses (Rept. 104–339, Pt. 1). Referred to the REED, Mr. FRANK of Massachusetts, cal years 1994 and 1995; to the Committee on Committee of the Whole House on the State Mr. KENNEDY of Rhode Island, Mr. International Relations. of the Union. DOYLE, Ms. HARMAN, Mr. DEUTSCH, 1678. A letter from the Chairman, Defense Mr. SOLOMON. Committee on Rules. Mr. TORRICELLI, Mr. SISISKY, Ms. Nuclear Facilities Safety Board, transmit- House Resolution 254. Resolution making WOOLSEY, Mr. FILNER, Mr. WILSON, ting the Board’s fiscal year 1995 report on the technical corrections in the Rules of the Mr. ACKERMAN, Mr. TANNER, Mr. status of internal audit and investigative ac- House of Representatives: with amendments SCHUMER, Mr. MCDERMOTT, Mr. VIS- tivities; to the Committee on Government (Rept. 104–340). Referred to the House Cal- CLOSKY, Mr. DURBIN, Mr. BROWN of Reform and Oversight. endar. Ohio, Mrs. MINK of Hawaii, Mr. PAS- 1679. A letter from the Chairman, Harry S f TOR, Mr. SCOTT, Mr. POMEROY, Mr. Truman Scholarship Foundation, transmit- DEFAZIO, Mr. WATT of North Caro- ting the Foundation’s annual report in com- BILLS PLACED ON THE lina, Mr. BARRETT of Wisconsin, Ms. pliance with the Inspector General Act CORRECTIONS CALENDAR RIVERS, Mr. MINGE, Mrs. LOWEY, Ms. Amendments of 1988, pursuant to 5 U.S.C. LOFGREN, Mr. FARR, Mr. MENENDEZ, app. (Insp. Gen. Act) Sec. 5(b); to the Com- Under clause 4 of rule XIII, the Mr. PICKETT, Mr. RUSH, Mr. OBEY, mittee on Government Reform and Over- Speaker filed with the Clerk a notice Mr. PETERSON of Minnesota, and Mr. sight. requesting that the following bills be CONDIT): 1680. A letter from the Chairman, Merit placed upon the Corrections Calendar: H.R. 2628. A bill to confirm the President’s Systems Protection Board, transmitting a commitment that the Social Security trust H.R. 2519. A bill to facilitate contributions report entitled ‘‘Sexual Harassment in the funds will not be used other than for pay- to charitable organizations by codifying cer- Federal Workplace: Trends, Progress, and ment of benefits; to the Committee on Ways tain exemptions from the Federal securities Continuing Challenges,’’ pursuant to 5 U.S.C. and Means. laws, and for other purposes. 1204(a)(3); to the Committee on Government By Mr. DEFAZIO: H.R. 2525. A bill to modify the operation of Reform and Oversight. H.R. 2629. A bill to require Members of the the antitrust laws, and of State laws similar 1681. A letter from the Vice Chairman, Fed- House of Representatives to keep a public to the antitrust laws, with respect to chari- eral Election Commission, transmitting pro- record of visits by lobbyists; to the Commit- table gift annuities. posed regulations at 11 CFR parts 9034 and tee on House Oversight. 9038 governing public financing of Presi- f By Mr. COSTELLO: dential primary and general election can- H.R. 2630. A bill to extend the deadline for didates, pursuant to 26 U.S.C. 9039(c); to the DISCHARGE OF COMMITTEES commencement of construction of a hydro- Committee on House Oversight. Pursuant to clause 5 of rule X the fol- electric project in the State of Illinois; to 1682. A letter from the Deputy Associate lowing action was taken by the Speak- the Committee on Commerce. By Mr. GALLEGLY: Director for Compliance, Department of the er: Interior, transmitting notification of pro- H.R. 2631. A bill to amend the American In- posed refunds of excess royalty payments in H.R. 2564. The Committees on Government dian Trust Fund Management Reform Act of OCS areas, pursuant to 43 U.S.C. 1339(b); to Reform and Oversight, Rules, and Ways and 1994 to transfer certain authorities to the Of- the Committee on Resources. Means discharged from further consider- fice of Special Trustee for American Indians, 1683. A letter from the Deputy Associate ation. Referred to the Committee of the and for other purposes; to the Committee on Director for Compliance, Department of the Whole House on the State of the Union. Resources. Interior, transmitting notification of pro- f By Mr. HUTCHINSON: posed refunds of excess royalty payments in H.R. 2632. A bill to ensure that payments OCS areas, pursuant to 43 U.S.C. 1339(b); to TIME LIMITATION OF REFERRED during fiscal year 1996 of compensation for the Committee on Resources. BILL veterans with service-connected disabilities 1684. A letter from the Chairperson, Na- and payments of dependency and indemnity tional Council on Disability, transmitting Pursuant to clause 5 of rule X the fol- compensation for survivors of such veterans the Council’s report entitled ‘‘Disability Per- lowing action was taken by the Speak- are made regardless of Government financial spectives and Recommendations on Propos- er: shortfalls; to the Committee on Veterans’ als to Reform the Medicaid and Medicare H.R. 2564. Referral to the Committees on Affairs. Programs,’’ pursuant to 29 U.S.C. 781(a)(8); Government Reform and Oversight, Rules By Mr. STARK: H.R. 2633. A bill to authorize the Secretary jointly, to the Committees on Ways and and Ways and Means extended for a period of the Interior to participate in the Alameda Means and Commerce. ending not later than November 14, 1995. County wastewater reuse project; to the f f Committee on Resources. By Mr. STEARNS (for himself, Mr. REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS HANCOCK, and Mr. HOSTETTLER): PUBLIC BILLS AND RESOLUTIONS Under clause 5 of rule X and clause 4 H.R. 2634. A bill to allow persons to carry Under clause 2 of rule XIII, reports of of rule XXII, public bills and resolu- concealed firearms in every State if they committees were delivered to the Clerk tions were introduced and severally re- have been issued a license to do so by any for printing and reference to the proper State; to the Committee on the Judiciary. ferred as follows: By Mr. WHITE: calendar, as follows: By Mr. LIVINGSTON (for himself and H.R. 2635. A bill to establish a temporary Mr. HYDE: Committee on the Judiciary. Mr. SAM JOHNSON): commission to recommend reforms in the H.R. 2525. A bill to modify the operation of H.R. 2627. A bill to require the Secretary of laws relating to elections for congress; to the the antitrust laws, and of State laws similar the Treasury to mint coins in commemora- Committee on House Oversight, and in addi- to the antitrust laws, with respect to chari- tion of the sesquicentennial of the founding tion to the Committee on Rules, for a period table gift annuities (Rept. 104–336). Referred of the Smithsonian Institution; to the Com- to be subsequently determined by the Speak- to the Committee of the Whole House on the mittee on Banking and Financial Services. er, in each case for consideration of such pro- State of the Union. By Mr. GEPHARDT (for himself, Mr. visions as fall within the jurisdiction of the Mr. SOLOMON: Committee on Rules. BONIOR, Mr. FAZIO of California, Mrs. committee concerned. House Resolution 250. Resolution to amend KENNELLY, Mr. MATSUI, Mr. By Mr. OBEY: the Rules of the House of Representatives to GUTIERREZ, Ms. KAPTUR, Mr. TORRES, H.J. Res. 119. Joint resolution making fur- provide for gift reform; with amendments Mr. OWENS, Mr. BREWSTER, Mr. ther continuing appropriations for the fiscal H 12350 CONGRESSIONAL RECORD — HOUSE November 14, 1995

year 1996, and for other purposes; to the H.R. 1856: Mr. HASTINGS of Washington and H. Con. Res. 37: Mr. FRANK of Massachu- Committee on Appropriations. Mr. ENSIGN. setts. By Mr. FARR: H.R. 1965: Ms. BROWN of Florida, Mr. SHAW, H. Con. Res. 91: Mr. RICHARDSON, Mr. HAM- H. Res. 266. Resolution to commend the Mr. BENTSEN, Mr. VENTO, and Mr. MORAN. ILTON, Ms. LOFGREN, and Mr. BROWN of Ohio. community leaders of the Monterey Penin- H.R. 1968: Ms. DUNN of Washington. sula on the central California coast for their H.R. 1972: Mr. GREENWOOD, Mr. BARR, Mr. f encouragement, support, and sponsorship of MCCOLLUM, Mr. BALLENGER, Mrs. language diversity; to the Committee on CHENOWETH, Mr. POMBO, Mr. CREMEANS, Mr. DELETIONS OF SPONSORS FROM Economic and Educational Opportunities. FIELDS of Texas, Mr. HERGER, and Mr. PUBLIC BILLS AND RESOLUTIONS STEARNS. f H.R. 2007: Mr. SISISKY. Under clause 4 of rule XXII, sponsors ADDITIONAL SPONSORS H.R. 2281: Mrs. LINCOLN, Mrs. CLAYTON, Mr. were deleted from public bills and reso- KLECZKA, and Mr. SISISKY. lutions as follows: Under clause 4 of rule XXII, sponsors H.R. 2333: Mr. GORDON and Mr. CHAMBLISS. were added to public bills and resolu- H.R. 2350: Mr. RAHALL, Mr. ENGEL, Mr. H.R. 359: Ms. ROYBAL-ALLARD. tions as follows: HUTCHINSON, Mr. WAMP, Mr. BUNNING of Ken- f tucky, Mr. FOX, Mr. GENE GREEN of Texas, H.R. 28: Mr. INGLIS of South Carolina. Mr. GILLMOR, Mrs. CHENOWETH, Mr. WELDON H.R. 393: Mr. ANDREWS. AMENDMENTS of Florida, and Mr. SMITH of New Jersey. H.R. 540: Mr. BLUTE, Mrs. JOHNSON of Con- H.R. 2416: Mr. WELDON of Pennsylvania. Under clause 6 of rule XXIII, pro- necticut, and Mr. ZIMMER. H.R. 2429: Ms. FURSE. posed amendments were submitted as H.R. 739: Mr. BILBRAY. H.R. 2442: Mr. FILNER, Mr. FROST, Mr. follows: H.R. 789: Mr. SALMON. UNDERWOOD, Mr. BARCIA of Michigan, Mr. H.R. 911: Mr. CASTLE, Mr. ENSIGN, and Mr. DEUTSCH, Mr. TORRES, Mr. GENE GREEN of H.R. 2564 TOWNS. Texas, Mr. JOHNSTON of Florida, and Mr. H.R. 941: Mr. BROWN of California. OFFERED BY: MR. ENGLISH OF PENNSYLVANIA STUPAK. H.R. 958: Mr. KENNEDY of Massachusetts, H.R. 2507: Mr. ZELIFF and Mr. HANCOCK. AMENDMENT NO. 2: Page 38, line 9, strike Mr. WILSON, Mr. FOX, Miss COLLINS of Michi- H.R. 2525: Mr. HASTERT, Ms. WOOLSEY, Mr. ‘‘representative’’ and insert ‘‘official’’. gan, Mr. PAYNE of Virginia, Mr. GONZALEZ, QUILLEN, Mr. EMERSON, Mr. LEWIS of Califor- Page 38, line 13, strike ‘‘or’’ and insert a Mr. FRISA, Mr. EMERSON, Ms. BROWN of Flor- nia, Mr. RAHALL, Mr. CRAMER, Mr. GOODLING, comma and in line 14 insert before the close ida, and Mr. LUTHER. Mr. BROWDER, Mr. COBLE, Ms. DUNN of Wash- quotation marks a comma and the following: ACKARD AWYER H.R. 1127: Mr. P , Mr. S , and ington, Mr. FUNDERBURK, Mr. WAXMAN, Mr. ‘‘Secretary of Commerce, or Commissioner ARD Mr. W . FROST, Mr. TANNER, and Mr. FAWELL. of the International Trade Commission’’. H.R. 1202: Mr. KLUG and Mr. FOX. H.R. 2564: Mr. SMITH of Texas, Mr. CASTLE, page 38, line 18, strike ‘‘APPOINTMENT’’ H.R. 1233: Mr. JOHNSTON of Florida. Mr. LEVIN, Mr. HINCHEY, and Mr. GOODLATTE. through ‘‘REPRESENTATIVE’’ in line 20 and in- H.R. 1305: Mr. SHAYS. H.R. 2567: Mr. FAZIO of California. sert ‘‘APPOINTMENTS’’. H.R. 1319: Mr. JOHNSTON of Florida. H.R. 2571: Ms. MCKINNEY. Page 39, line 4, strike ‘‘or as a’’ and insert H.R. 1406: Mr. GREENWOOD. H.R. 2600: Mrs. LOWEY. a comma and insert before the first period in H.R. 1464: Mrs. CHENOWETH. H.R. 2603: Mr. DORNAN, Mr. BARR, Mr. line 5 a comma and the following: ‘‘Secretary H.R. 1661: Ms. ROS-LEHTINEN, Ms. FURSE, FORBES, Mrs. KELLY, and Mr. SOLOMON. of Commerce, or Commissioner of the Inter- Mr. LONGLEY, Mr. MARTINI, Mr. BREWSTER, H.R. 2606: Mr. WICKER. Mr. KINGSTON, Mrs. KELLY, Mr. FILNER, Mr. H.J. Res. 97: Mr. DEFAZIO. national Trade Commission’’. NEAL of Massachusetts, and Mr. ROGERS. H.J. Res. 117: Mr. FRANK of Massachusetts, Page 39, line 8, strike ‘‘or as a’’ and insert H.R. 1666: Mr. BARCIA of Michigan, Mr. Mr. TRAFICANT, and Mr. MFUME. a comma and in line 9 insert before ‘‘on’’ a HOEKSTRA, Mr. CHRYSLER, and Ms. RIVERS. H. Con. Res. 10: Mr. BAKER of California. comma and the following: ‘‘Secretary of H.R. 1754: Mr. SMITH of New Jersey. H. Con. Res. 36: Mr. FRANK of Massachu- Commerce, or Commissioner of the Inter- H.R. 1802: Mr. NETHERCUTT. setts. national Trade Commission’’. 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, NOVEMBER 14, 1995 No. 180 Senate

The Senate met at 12:03 p.m., and was SCHEDULE pay part B Medicare premiums for peo- called to order by the President pro Mr. DOLE. Mr. President, we will ple who have $100,000 a year income, or tempore [Mr. THURMOND]. have morning business until the hour $1 million, and the President is trying of 12:30 today, and then we will recess to defend that. It is very hard to de- fend. PRAYER from 12:30 to 2:15 for the weekly policy conferences. So it is not about Medicare. Medicare The Chaplain, Dr. Lloyd John At 2:15, we will begin 2 hours of de- is a very sensitive word. We want to Ogilvie, offered the following prayer: bate on the conference report to ac- strengthen Medicare and preserve it. Lord of history, we gain perspective company S. 395, the Alaska Power Ad- But this debate and this conflict be- on the perplexities of the present by re- ministration bill. There will be a roll- tween the White House and the Con- membering how Your power has been call vote on that conference report, and gress is about a balanced budget released in response to prayer in the at that time we may be able to an- amendment, and about whether or not past. We think of Washington on his nounce additional items to take up. If we will keep our word to the American knees, of Franklin asking for prayer not, we will stand in recess subject to people to balance the budget by the when the Constitutional Convention the call of the Chair, in hopes that we year 2002. was deadlocked, of Lincoln praying for can work out some agreement on a All the rhetoric, and everything else wisdom in the dark night of our Na- continuing resolution. that has been spoken about on the Sen- tion’s divided soul. Gratefully, also we I might say, at this very moment, ate floor, may resonate well with some remember Your answers to prayers there is a meeting in Senator DOMEN- people. But most Americans are wor- seeking Your strength in struggles and ICI’s office with a number of represent- ried about the future. They are worried Your courage in crises. Especially, atives of the President and the chair- about their children’s children. They today we remember those times when man of the House Budget Committee, are worried about what future they Your guidance brought consensus out Congressman KASICH, Congressman will have, and they know that unless of conflict, and creative decisions out SABO, Senator EXON, and Senator DO- this Congress—all of us—are willing to of discord. MENICI. We will see what happens or make tough decisions and balance the what the results of that meeting may budget, we can talk back and forth In the midst of the continuing discus- be. sions and debate over the Federal budg- about all these words that frighten Hopefully, we can come to some reso- people and all the rhetoric, and we can et, we continue to need Your divine lution so that we can pass a continuing intervention and inspiration. May the call people terrorists or refer to Repub- resolution and end what has been de- lican leaders as guilty of terrorism and Senators be united in seeking Your scribed as a shutdown of Government. I best for the future of our Nation. Give extremism and all these things. That is think, on the other hand, we should not going to change a thing. Right them strength to communicate their keep in mind that, as pointed out perceptions of truth with mutual re- now, we are doing the heavy lifting on today in the Washington Post, the this side of the aisle. It is easy when spect and without rancor. We are of issue here is not Medicare, Medicaid, one voice in asking for Your blessing you do nothing but criticize. We are welfare reform, the issue is a balanced trying to balance the budget. We are on this Senate as it exercises the es- budget—balanced budget. That is what sence of democracy in open debate. You going to get it done, and I am very op- this confrontation and conflict is all timistic. have been our guide over the 206 years about. of the history of the Senate of the Will we balance the budget by the I believe the American people see United States, and we trust You to lead year 2002? Will we keep our word to the this happening, and we hope to pass the us forward today. In Your holy name. American people? Will we get side- balanced budget act of 1995 either late Amen. tracked with all these little sideshows Thursday night or early Friday morn- ing of this week—this week. We will f going on about Medicare part B, not an issue. send it to the President, and he will make a choice. RECOGNITION OF THE MAJORITY Keep in mind, the taxpayers are pick- LEADER ing up the 68.5 percent of everybody’s Hopefully, he will sign it, because in premium—the people working in the that reconciliation package, called a The PRESIDENT pro tempore. The kitchens, working everywhere, are put- Balanced Budget Act of 1995, will be a majority leader is recognized. ting money in the general revenues to long-term extension of the debt ceiling.

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

S 17009 S 17010 CONGRESSIONAL RECORD — SENATE November 14, 1995 We will also take care of the continu- When George Bush and then Bill Clinton cember when we then clearly debate ing resolution problem. achieved large deficit reductions, we pursued the larger reconciliation package. I am optimistic. I hope if we work on the idea of ‘‘shared sacrifice.’’ Not this time. This is just the road on the way to this in a bipartisan, nonpartisan way Instead, Congress now seems intent on im- the stadium. The main event, the main today, we can come together with some posing new burdens upon the poor, the elder- contest in December over the big rec- ly, and vulnerable children while, incredibly, agreement. delivering a windfall for the wealthy. onciliation bill is not what this is We left the White House last night about. This is the toll extracted on the That is what this issue is about, not and we agreed we would be very posi- road to the stadium. It makes no sense whether the budget should be balanced. tive in our statements to the media. I to me to see the Government shut Of course it should. It is how it is bal- must say some of us were and some of down in these circumstances. us were not. I was a little disappointed anced and whether there is fair play in- I read these quotes from Speaker volved. in comments from some of my Demo- GINGRICH and others to demonstrate it cratic colleagues after we said, very I want to make one additional point. is no accident. I am sure there are peo- honestly, we had a very candid meet- We come to a shutdown not by acci- ple who take great delight in the fact ing, we had a very candid discussion dent, in my judgment. Let me read that there is no agreement on a con- and were trying to work something some quotes. We have heard boasts in tinuing resolution or on a debt exten- out. this town about shutdowns for some sion; they take great delight in that We have made some progress, and I months. April 3, this year, NEWT GING- because they have accomplished what think we have. We will see what hap- RICH, Speaker GINGRICH, vowed to ‘‘cre- they boasted about to some months. pens after the meeting with Chief of ate a titanic legislative standoff with I think there is no credit for anyone Staff Panetta, Senator DOMENICI, and President Clinton by adding vetoed in this kind of failure. I hope more others, and hopefully we will be able to bills to must-pass legislation increas- thoughtful voices, more responsible announce to our colleagues sometime ing the national debt ceiling.’’ voices in both political parties today tonight or sometime this afternoon or April 3, Speaker GINGRICH boasted will resolve to decide to bridge this im- late evening that we have reached the President will ‘‘veto a number of passe and provide a continuing resolu- some agreement and we can pass a things, and we’ll put them all on the tion and a debt extension to take us temporary continuing resolution. debt ceiling. And then he’ll decide how into mid-December when we finally I yield the floor. I suggest the ab- big a crisis he wants.’’ come to grips with the continuing reso- sence of a quorum. June 3, Speaker GINGRICH: lution. The PRESIDENT pro tempore. The We’re going to go over the liberal Demo- There is no disagreement among clerk will call the roll. cratic part of the Government and then we Democrats and Republicans about The legislative clerk proceeded to will say to them: We could last 60 days, 90 whether this country ought to balance call the roll. days, 120 days, 5 years, a century. There’s a its budget. There is profound disagree- lot of stuff we don’t care if it is ever funded. Mr. DORGAN. Mr. President, I ask ment among many of us in this coun- unanimous consent the call of the June 5, Speaker GINGRICH, speaking try who believe you ought not kick quorum be rescinded. about the President: kids off Head Start and take health The PRESIDENT pro tempore. With- He can run the parts of the government money away from old folks so we can out objection, it is so ordered. that are left [after the Republican budget build B–2 bombers and Star Wars. f cuts] or he can run no government. Which of There is profound disagreement the two of us do you think worries more about priorities, but not about goals of MORNING BUSINESS about not showing up? balancing the Federal budget. While we The PRESIDENT pro tempore. Under September 22, Speaker GINGRICH: have speakers today trying to debate the previous order, there will now be a I don’t care what the price is. I don’t care what this debate is about, I want peo- period for the transaction of morning if we have no executive offices and no bonds ple of this country to understand this for 30 days—not this time. business not to extend beyond the hour debate is about priorities—not destina- of 12:30 p.m, with Senators permitted Investor’s Business Daily, November tions or goals. We all want to balance to speak therein not to exceed 5 min- 8, GINGRICH said he would force Govern- the Federal budget. utes. ment to ‘‘miss interest and principal There is a right way and a wrong way The Senator from North Dakota. payment for the first time ever to force to do it. On the road to finding the f Democrat Clinton’s administration to right way to do it, the wrong approach agree to his deficit reduction.’’ Budget TRAIN WRECK IS NO ACCIDENT is to shut the Government down as Chairman JOHN KASICH said: boasted by Speaker GINGRICH and oth- Mr. DORGAN. Mr. President, let me We’ll probably have a few train wrecks, but ers they would do for some months. share the sentiments offered by the that’s always helpful in a revolution. That serves no one’s interest and does majority leader moments ago that both The point I make is we do not arrive not accomplish any useful purpose for sides get together early today and re- at this issue accidentally. This is an this country, in my judgment. solve this issue. issue that is planned by persons who, f Let me also disagree on one state- as David Gergen says in his analysis, ment. This is not about whether there have decided to balance the budget by HONORING DESMOND AND MARY should be a balanced budget. Of course adding to the burdens of the children, ANN LEE FOR THEIR CONTRIBU- there should be a balanced budget. I the poor, the vulnerable in society, and TIONS TO EDUCATION IN ST. think all Members of the Senate agree incredibly, he says, delivering a wind- LOUIS, MO there should be a balanced budget and fall for the wealthy. Mr. ASHCROFT. Mr. President, a plan to bring the fiscal policies in Some of us think that is not the way today I rise to honor two dear friends this country into balance. to do business. Others apparently think of mine whose generosity and giving The question is, how? How do we do it is a perfect way for the Federal Gov- spirit have made a positive impact on that? Where do we make cuts? Who ernment to behave and, if it does not many throughout their home of St. bears the brunt of those cuts? Who behave that way, they want to force Louis, MO. This week Desi and Mary bears the brunt of the sacrifice? I will read from an editorial written the Federal Government to shut its Ann Lee were honored by the Missouri by David Gergen, who served both the doors. Botanical Garden as winners of the 1995 Republican and Democratic Presidents. That is not, in my judgment, a Henry Shaw Medal, the highest honor He said, in giving the Republicans cred- thoughtful way to do public policy. presented by the Garden. The Lees it for pushing for a balanced budget: Rather, I think, it is a thoughtless, were honored for their generosity and reckless approach to public policy, and service to the Botanical Garden by But in their eagerness to satisfy one prin- ciple, fiscal responsibility, the Republicans I hope that sometime today in some their establishment of the E. Desmond would ask the country to abandon another, way the leadership of both parties and Lee and Family education program. equally vital, principle—fair play. This is a the President will agree to this bridge The program is designed to improve false, cruel choice we should not make. or stopgap legislation to get us to De- science education for underserved November 14, 1995 CONGRESSIONAL RECORD — SENATE S 17011 schools in the city of St. Louis by giv- American taxpayers for a little leader- that. In his Saturday radio address, he ing teachers expanded opportunities for ship from the Nation’s Chief Executive. asked listeners to: training and resources in science edu- Did you know that every day, the Imagine the Republican Congress as a cation. The program also increases op- Washington Times prints a little chart banker, and the United States as family that portunities available to students using illustrating exactly how much this has to go to the bank for a short-term loan, the Botanical Gardens, the St. Louis Government owes its creditors? for a family emergency. The banker says to Science Center, and the St. Louis Zoo This morning’s paper, for example, the family, ‘‘I will give you the loan, but creating a partnership to improve shows the U.S. Government approxi- only if you will throw the grandparents and science education in St. Louis. Desi mately $4.984 trillion in debt. the kids out of the house first.’’ and Mary Ann also gave the gift that In just one 2-day period recently, the Mr. President, my constituents in allowed the Botanical Garden to pur- national debt increased more than $2.2 Minnesota and the rest of the Amer- chase and renovate a building near the billion—enough, estimated the Times, ican people asked for fundamental Garden to provide needed space and to buy a Big Mac, medium french fries, changes last November from their Gov- classroom facilities for the Garden’s and medium-sized drink for every per- ernment, not empty rhetoric. But education program. son in the entire United States and President Clinton has made the deci- The Lee’s generosity toward the edu- Mexico. sion not to climb aboard. cation programs at the Botanical Gar- Just the interest alone on a debt that Of course, that is his choice, and dens is but one of many ways that their massive is accumulating at the rate of none of us is apparently going to commitment to their home of St. Louis $4 million an hour. change his mind. If our national debt were shared is evident. Desmond Lee graduated But hear this—Congress will not bow from the Washington University equally among all Americans, each of us would owe more than $19,000. out of its responsibility to deliver to School of Business in St. Louis in 1940 the people a budget that balances with- after founding the Lee/Rowan Co. while Every child born today in the United States of America—and that is going to in 7 years, that draws the line at tax still a student. He has served on count- increases, and in fact cuts taxes for less boards of directors in the St. Louis be about 8,200 children—comes into this world already saddled with more working-class Americans, that pre- area, including the St. Louis Science serves and protects Medicare. Center, the St. Louis Symphony, and than $19,000 in debt. That is immoral, Mr. President. The question of why the President of the St. Louis Zoo. An elder in his local So the difference between Congress the United States of America is so ve- Presbyterian Church, Desi Lee has also and the President—the difference in hemently opposed to a balanced budget received many awards in the St. Louis what we apparently see when we look that does not increase taxes that he community for his service, including at those staggering statistics—is the would shut down the Federal Govern- an honorary doctorate of humane let- difference between passion and politics. ment and default on the Nation’s finan- ters from the University of Missouri at Congress is passionate about fulfill- cial obligations, can only be answered St. Louis in 1995, and the 1995 A World ing our promise to balance the budget by the President himself. of Difference Community Service and end the legacy of debt we continue And the American people are waiting Award. to build for the coming generations. We I rise today to salute my good friends for an answer. cannot imagine what it took to build for not only their service to the Mis- up a national debt of nearly $5 tril- f souri Botanical Garden for which they lion—that is a 5 followed by 12 zeroes— received the Henry Shaw Medal this WELCOMING CROATIAN-SERBIAN and we cannot imagine letting it go on week, but for their lifelong dedication AGREEMENT ON EASTERN for another day. SLAVONIA to their home of St. Louis, where they That is passion. have worked and given tirelessly to im- The President’s guiding force, mean- Mr. PELL. Mr. President, finally, proved life for all who call St. Louis while, is politics. For him to shut down there is good news from former Yugo- home. the Government is nothing more than slavia. On Sunday in Croatia, Croatian I yield the floor. I suggest the ab- a political move—an attempt to derail leaders and rebel Serbs signed an sence of a quorum. The PRESIDENT pro tempore. The all our hard work at balancing the Fed- agreement ending the territorial con- clerk will call the roll. eral budget merely to satisfy the radi- flict over Eastern Slavonia, the last The legislation clerk proceeded to cal liberal wing of his own party. part of Croatia still occupied by Serbs. call the roll. Congress wants to move forward, As late as last week, Croatian Govern- Mr. GRAMS. Mr. President, I ask while President Clinton wants to stop ment officials, including President unanimous consent that the order for the people’s agenda dead in its tracks. Tudjman, were threatening to retake the quorum call be rescinded. Harry Truman used to have a sign on the territory by force. I am pleased The PRESIDING OFFICER (Mr. his desk that read: ‘‘The Buck Stops that Croatia has recognized the folly of ASHCROFT). Without objection, it is so Here.’’ carrying out those threats, and has ordered. Well, President Clinton ought to opted instead for a diplomatic solution. f have a sign on his that says ‘‘The Revo- There are still serious questions lution Stops Here.’’ For him, leader- about this agreement that need to be THE FEDERAL GOVERNMENT ship is not about fulfilling promises or SHUTDOWN answered. For example: Who will par- making change, or principled decision- ticipate in the transitional administra- Mr. GRAMS. Mr. President, at mid- making. It is all about politics. tion to be established by the United night last night, President Clinton Mr. President, I came to the floor Nations to govern the region? Will threw in the towel, so to speak, and last Tuesday to speak about the budget there be separate military and civilian bailed out on his constitutional respon- and the President’s unwillingness to administrations? How does this agree- sibility to keep the Federal Govern- work with us, in good faith, toward the ment relate to the continuing negotia- ment in operation. goals shared by a majority of all Amer- tions on Bosnia? What, if anything, By vetoing legislation to extend the icans. Federal Government’s borrowing abil- Immediately afterward, one of my does Serbia get in return for its agree- ity, and by vetoing a continuing reso- good colleagues from across the aisle ing to this accord? lution that would have kept the Fed- responded with his own thoughts about Despite these and other questions, eral Government funded, President the budget debate, and he chided me this much is clear: The agreement will Clinton set the engine on full throttle for making the Senate what he called avert a military confrontation between and barreled the U.S. Government into ‘‘a political arena.’’ Croatia and Serbia over Eastern the train wreck we have been hearing All I can say is that it is nearly im- Slavonia, and together with last week’s so much about over the last several possible to talk about this President agreement on the Federation, offer months. without somehow mentioning politics. needed momentum to the Dayton nego- And it is all because he is unwilling His public comments of the past tiations. to follow through on a promise to bal- week have been nothing but political Our Ambassador to Croatia, Peter ance the budget. Despite calls from the rhetoric, and desperate rhetoric, at Galbraith and U.N. Envoy Thorvald S 17012 CONGRESSIONAL RECORD — SENATE November 14, 1995 Stoltenberg deserve a great deal of brary of Congress, James Madison Memorial (b) Covered Employee. The term ‘‘covered credit for their work in bringing the Building, Washington, D.C., Monday through employee’’ means any employee of parties to and keeping them at the Friday, between the hours of 9:30 a.m. and (1) the House of Representatives; table. 4:00 p.m. (2) the Senate; For Further Information Contact: Execu- (3) The Capitol Guide Service; f tive Director, Office of Compliance at (202) (4) the Capitol Police; 252–3100. This notice is also available in the (5) the Congressional Budget Office; THE BAD DEBT BOXSCORE following formats: large print, braille, audio (6) the Office of the Architect of the Cap- Mr. HELMS. Mr. President, before tape, and electronic file on computer disk. itol; discussing today’s bad news about the Requests for this notice in an alternative (7) the Office of the Attending Physician; format should be made to Mr. Russell Jack- Federal debt, how about ‘‘another go’’, (8) the Office of Compliance; or son, Director, Service Department, Office of (9) the Office of Technology Assessment. as the British put it, with our pop quiz. the Sergeant at Arms and Doorkeeper of the (c) Employee. The term ‘‘employee’’ in- Remember? One question, one answer. Senate, (202) 224–2705. cludes an applicant for employment and a The question: How many millions of Supplementary Information: Background— former employee. dollars does it take to add up to a tril- General. The Congressional Accountability (d) Employee of the Office of the Architect lion dollars? While you are thinking Act of 1995 (‘‘CAA’’), PL 104–1, was enacted of the Capitol. The term ‘‘employee of the about it, bear in mind that it was the into law on January 23, 1995. In general, the Office of the Architect of the Capitol’’ in- CAA applies the rights and protections of cludes any employee of the Office of the Ar- U.S. Congress that ran up the Federal eleven federal labor and employment law debt that is now slightly in excess of chitect of the Capitol, the Botanic Garden or statutes to covered employees and employ- the Senate Restaurants. $14 billion shy of $5 trillion. ing offices within the legislative branch. (e) Employee of the Capitol Police. The To be exact, as of the close of busi- Section 301 of the CAA establishes the Office term ‘‘employee of the Capitol Police’’ in- ness yesterday, November 13, the total of Compliance as an independent office with- cludes any member or officer of the Capitol Federal debt—down to the penny— in that branch. Section 303 of the CAA di- Police. stood at $4,986,513,994,276.71. Another rects that the Executive Director, the chief (f) Employee of the House of Representa- operating officer of the Office of Compliance, depressing figure means that on a per tives. The term ‘‘employee of the House of shall, subject to the approval of the Board, Representatives’’ includes an individual oc- capita basis, every man, woman, and adopt rules governing the procedures for the child in America owes $18,928.89. cupying a position the pay for which is dis- Office of Compliance. The rules that follow bursed by the Clerk of the House of Rep- Mr. President, back to our pop quiz, establish the procedures by which the Office resentatives, or another official designated how many million in a trillion: There of Compliance will provide for the consider- by the House of Representatives, or any em- are a million million in a trillion. ation and resolution of alleged violations of ployment position in an entity that is paid the laws made applicable under Part A of with funds derived from the clerk-hire allow- f Title II of the CAA. The rules include proce- ance of the House of Representatives but not dures for counseling, mediation, and for NOTICE OF PROPOSED any such individual employed by any entity electing between filing a complaint with the listed in subparagraphs (3) through (9) of RULEMAKING Office of Compliance and filing a civil action paragraph (b) above. in a district court of the United States. The Mr. THURMOND. Mr. President, pur- (g) Employee of the Senate. The term ‘‘em- rules also address the procedures for the con- suant to section 303 of the Congres- ployee of the Senate’’ includes any employee duct of hearings held as a result of the filing sional Accountability Act of 1995, 2 whose pay is disbursed by the Secretary of of a complaint and for appeals to the Board U.S.C. Sec. 1384(b), a notice of proposed the Senate, but not any such individual em- of Directors of the Office of Compliance from ployed by any entity listed in subparagraphs rulemaking was submitted by the Of- Hearing Officer decisions, as well as other (3) through (9) of paragraph (b) above. fice of Compliance, U.S. Congress. The matters of general applicability to the dis- (h) Employing Office. The term ‘‘employ- notice relates to the procedures for pute resolution process and to the operations ing office’’ means: consideration and resolution of alleged of the Office of Compliance. The Executive Director invites comment (1) the personal office of a Member of the violations of the laws made applicable House of Representatives or a Senator; under part A of title II of the Congres- from interested persons on the content of these proposed rules. (2) a committee of the House of Represent- sional Accountability Act (P.L. 104–1). atives or the Senate or a joint committee; Section 304(b) requires this notice to Part I—Office of Compliance Rules of (3) any other office headed by a person Procedure be printed in the CONGRESSIONAL with the final authority to appoint, hire, dis- Subpart A—General Provisions RECORD, therefore I ask unanimous charge, and set the terms, conditions, or consent that the notice be printed in § 1.01 Scope and policy privileges of the employment of an employee § 1.02 Definitions of the House of Representatives or the Sen- the RECORD. § 1.03 Filing and Computation of Time ate; or There being no objection, the notice § 1.04 Availability of Official Information (4) the Capitol Guide Board, the Capitol was ordered to be printed in the § 1.05 Designation of Representative Police Board, the Congressional Budget Of- RECORD; as follows: § 1.06 Maintenance of Confidentiality fice, the Office of the Architect of the Cap- OFFICE OF COMPLIANCE—THE CONGRESSIONAL § 1.01 Scope and policy. itol, the Office of the Attending Physician, ACCOUNTABILITY ACT OF 1995: PROCEDURAL These rules of the Office of Compliance the Office of Compliance, and the Office of RULES govern the procedures for consideration and Technology Assessment. NOTICE OF PROPOSED RULEMAKING resolution of alleged violations of the laws (i) Party. The term ‘‘party’’ means the em- ployee or the employing office or the des- Summary: The Executive Director of the made applicable under Part A of title II of ignated representatives of either of them. Office of Compliance is publishing proposed the Congressional Accountability Act of 1995. (j) Office. The term ‘‘Office’’ means the Of- rules to govern the procedures for consider- The rules include procedures for counseling, fice of Compliance. ation and resolution of alleged violations of mediation, and for electing between filing a (k) Board. The term ‘‘Board’’ means the the laws made applicable under Part A of complaint with the Office of Compliance and Board of Directors of the Office of Compli- Title II of the Congressional Accountability filing a civil action in a district court of the ance. Act (P.L. 104–1). The proposed rules have United States. The rules also address the (l) Chair. The term ‘‘Chair’’ means the been approved by the Board of Directors, Of- procedures for the conduct of hearings held Chair of the Board of Directors of the Office fice of Compliance. as a result of the filing of a complaint and of Compliance. Dates: Comments are due within 30 days for appeals to the Board of Directors of the (m) Executive Director. The term ‘‘Execu- after publication of this notice in the Con- Office of Compliance from Hearing Officer tive Director’’ means the Executive Director gressional Record. decisions, as well as other matters of general of the Office of Compliance. Addresses: Submit written comments to applicability to the dispute resolution proc- (n) General Counsel. The term ‘‘General the Executive Director, Office of Compli- ess and to the operations of the Office of Counsel’’ means the General Counsel of the ance, Room LA 200, 110 Second Street, S.E., Compliance. It is the policy of the Office Office of Compliance. Washington, DC 20540–1999. Those wishing to that these rules shall be applied with due re- (o) Hearing Officer. The term ‘‘Hearing Of- receive notification of receipt of comments gard to the rights of all parties and in a ficer’’ means any individual designated by are requested to include a self-addressed, manner that expedites the resolution of dis- the Executive Director to preside over a stamped post card. Comments may also be putes. hearing conducted on matters within the Of- transmitted by facsimile (‘‘FAX’’) machine § 1.02 Definitions fice’s jurisdiction. to (202) 252–3115. This is not a toll-free call. Except as otherwise specifically provided Copies of comments submitted by the public in these rules, for purposes of this Part; § 1.03 Filing and computation of time will be available for review at the Law Li- (a) Act. The term ‘‘Act’’ means the Con- (a) Method of Filing. Documents may be brary Reading Room, Room LM–201, Law Li- gressional Accountability Act of 1995; filed in person or by mail, including express, November 14, 1995 CONGRESSIONAL RECORD — SENATE S 17013 overnight and other expedited delivery. Re- (b) Availability. Any person may examine § 2.11 Filing of Civil Action quests for mediation under Section 2.04 and and copy items described in paragraph (a) § 2.01 Matters covered by subpart B complaints under Section 2.06 of these rules above at the Office of Compliance, Adams may also be filed by facsimile (FAX) trans- Building, Room LA200, 110 Second Street, (a) These rules govern the processing of mission. The original copies of documents S.E., Washington, D.C. 20540–1999, under con- any allegation that Sections 201 through 206 filed by FAX must also be mailed to the of- ditions prescribed by the Office, including re- of the Act have been violated and any allega- fice no later than the day following FAX quiring payment for copying costs, and at tion of intimidation or reprisal prohibited transmission. The filing of all documents is reasonable times during normal working under Section 207 of the Act. Sections 201 subject to the limitations set forth below. hours so long as it does not interfere with through 206 apply to covered employees and (1) In Person. A document shall be deemed the efficient operations of the Office. As or- employing offices certain rights and protec- timely filed if it is hand delivered to the Of- dered by the Board, identifying details or tions of the following laws: fice in: Adams Building, Room LA 200, 110 other necessary matters may be deleted and (1) The Fair Labor Standards Act of 1938 Second Street, S.E., Washington, D.C. 20540– placed under seal, and, in each case, the rea- (2) Title VII of the Civil Rights Act of 1964 1999, before the expiration of the applicable son for the deletion shall be stated in writ- (3) The Americans with Disabilities Act of time period. ing. 1990 (2) Mailing. (a) If mailed, a request for me- (c) Copies of forms. Copies of blank forms (4) The Age Discrimination in Employment diation or a complaint is deemed filed on the prescribed by the Office for the filing of com- Act of 1967 date of its receipt in the Office of Compli- plaints and other actions or requests may be (5) The Family and Medical Leave Act of ance. obtained from the Office. 1993 (b) A document, other than a request for (d) Final decisions. Pursuant to Section (6) The Employee Polygraph Protection mediation or a complaint, is deemed filed on 416(f) of the Act, a final decision entered by Act of 1988 the date of its postmark or proof of mailing. a Hearing Officer or by the Board under Sec- (7) The Worker Adjustment and Retraining Parties, including those using franked mail, tion 405(g) or 406(e) of the Act, which is in Notification Act are responsible for ensuring that any mailed favor of the complaining covered employee (8) The Rehabilitation Act of 1973 document bears a postmark date or other (9) Chapter 43 (relating to veterans’ em- or reverses a Hearing Officer’s decision in proof of the actual date of mailing. In the ab- ployment and reemployment) of title 38, favor of a complaining covered employee, sence of a legible postmark a document will United States Code. shall be made public, except as otherwise or- be deemed timely if it is received by the Of- (b) This subpart applies to the covered em- dered by the Board. fice at Adams Building, Room LA 200, 110 ployees and employing offices as defined in Second Street, S.E., Washington, D.C. 20540– § 1.05 Designation of Representative Section 1.02(b) and (h) of these rules and any 1999, by mail within five (5) days of the expi- (a) An employee, a witness, or an employ- activities within the coverage of the laws re- ration of the applicable filing period. ing office wishing to be represented by an- ferred to in Section 2.01(a). (3) Faxing documents. Documents trans- other individual must file with the Office a § 2.02 Requests for advice and information mitted by FAX machine will be deemed filed written notice of designation of representa- At any time, an employee or an employing on the date received at the Office of Compli- tive. The representative may be, but is not office may seek from the Office informal ad- ance at 202–252–3115. A FAX filing will be required to be, an attorney. vice and information on the procedures of timely only if the Office receives the docu- (b) Service where there is a representative. the Office and under the Act and information ment no later than 5:00 PM Eastern Time on All service of documents shall be directed to on the protections, rights and responsibil- the day that it is due under the applicable the representative, unless the represented in- ities under the Act and these rules. The Of- filing period. Any party using a FAX ma- dividual specifies otherwise and until such fice will maintain the confidentiality of re- chine to file a document bears the respon- time as that individual notifies the Execu- quests for such advice or information. sibility for ensuring both that the document tive Director of an amendment or revocation is timely and accurately transmitted and of the designation of representative. Where a § 2.03 Counseling confirming that the Office has received a fac- designation of representative is outstanding, (a) Initiating a proceeding; formal request simile of the document. The party or individ- all time limitations for receipt of materials for counseling. In order to initiate a proceed- ual filing the document may rely on its FAX by the represented individual shall be com- ing under these rules, an employee who be- status report sheet to show that it filed the puted in the same manner as for unrepre- lieves that he or she is covered by the Act document in a timely manner. sented individuals with service of the docu- shall formally request counseling from the (b) Computation of Time. All time periods ments, however, directed to the representa- Office regarding an alleged violation of the in these rules that are stated in terms of tive, as provided. Act, as referred to in Section 2.01(a), above. days are calendar days unless otherwise § 1.06 Maintenance of confidentiality All formal requests for counseling shall be noted. However, when the period of time pre- confidential, unless the employee agrees to (a) Policy. In accord with Section 416 of scribed is five (5) days or less, intermediate waive his or her right to confidentiality the Act, it is the policy of the Office to Saturdays, Sundays and Federal government under Section 2.03(e)(2), below. maintain, to the fullest extent possible, the holidays shall be excluded in the computa- (b) Who may request counseling. A covered confidentiality of the proceedings and of the tion. To compute the number of days for tak- employee who believes that he or she has participants in proceedings conducted under ing any action required or permitted under been or is the subject of a violation of the Sections 402, 403, 405 and 406 of the Act and these rules, the first day shall be the day Act as referred to in Section 2.01(a) may for- these rules. after the event from which the time period mally request counseling. (b) At the time that any individual, em- begins to run and the last day for filing or (c) When, how and where to request coun- ploying office or party, including a des- service shall be included in the computation. seling. A formal request for counseling: ignated representative, becomes a partici- When the last day falls on a Saturday, Sun- (1) Shall be made not later than 180 days pant in counseling under Section 402, medi- day, or federal government holiday, the last after the date of the alleged violation of the ation under Section 403, the complaint and day for taking the action shall be the next Act; hearing process under Section 405, or an ap- regular federal government workday. (2) May be made to the Office in person, by peal to the Board under Section 406 of the (c) Time Allowances for Mailing of Official telephone, or by written request; Act, or any related proceeding, the Office Notices. Whenever a person or party has the (3) A request for counseling shall be di- will advise the participant of the confiden- right or is required to do some act within a rected to: Office of Compliance, Adams tiality requirements of Section 416 of the Act prescribed period after the service of a notice Building, Room LA 200, 110 Second Street, and these rules and that sanctions might be or other document upon him or her and the S.E., Washington, D.C. 20540–1999; telephone: imposed for a violation of those require- notice or document is served by regular (202) 252–3100; FAX (202) 252–3115. ments. mail, five (5) days shall be added to the pre- (d) Purpose of counseling period. The pur- scribed period. Only two (2) days shall be Subpart B—Procedures Applicable to Consid- pose of the counseling period shall be: to dis- added if a document is served by express eration of Alleged Violations of Part A of cuss the employee’s concerns and elicit in- mail or other form of expedited delivery. Title II of the Congressional Accountabil- formation regarding the matter(s) which the When documents are served by certified ity Act of 1995 employee believes constitute a violation(s) mail, return receipt requested, the pre- § 2.01 Matters Covered by Subpart B of the Act; to advise the employee of his or scribed period shall be calculated from the § 2.02 Requests for Advice and Information her rights and responsibilities under the Act date of receipt as evidenced by the return re- § 2.03 Counseling and the procedures of the Office under these ceipt. § 2.04 Mediation rules; to evaluate the matter; and to assist § 1.04 Availability of official information § 2.05 Election of Proceedings the employee in achieving an early resolu- (a) Policy. It is the policy of the Board, the § 2.06 Complaints tion of the matter, if possible. Office and the General Counsel, except as § 2.07 Appointment of the Hearing Officer (e) Confidentiality and waiver. (1) Absent a otherwise ordered by the Board, to make § 2.08 Filing, Service and Size Limitations waiver under paragraph 2, below, all counsel- available for public inspection and copying of Motions, Briefs, Responses and other ing shall be strictly confidential. Nothing in final decisions and orders of the Board and Documents these rules shall prevent a counselor from the Office, as specified and described in para- § 2.09 Dismissal of Complaint consulting with personnel within the Office graph (d) below. § 2.10 Confidentiality concerning a matter in counseling, except S 17014 CONGRESSIONAL RECORD — SENATE November 14, 1995 that, when the person being counseled is an a representative. An employee, however, rector. When the Executive Director has employee of the Office, the counselor shall may withdraw from counseling at any time made a recommendation under paragraph 1 not consult with any individual within the without prejudice to the employee’s right to above, the Architect or the Capitol Police Office who might be a party or witness with- reinstate counseling regarding the same Board should include notice to the employee out the consent of the person requesting matter, provided that counseling on a single of his or her right to resume the procedures counseling. Nothing contained in these rules matter will not last longer than a total of 30 under these rules within 20 days after service shall prevent the Executive Director from days. on the employee of the final decision and reporting statistical information to the Sen- (l) Conclusion of the counseling period and shall transmit a copy of the final decision, ate and House of Representatives, so long as notice. The Executive Director shall notify settlement agreement, or other final deci- that statistical information does not reveal the employee in writing of the end of the sion, settlement agreement, or other final the identity of the employees involved or of counseling period, by certified mail, return disposition of the case to the Executive Di- employing offices that are the subject of a receipt requested. The Executive Director, as rector. part of the notification of the end of the request for counseling. § 2.04 Mediation (2) The employee and Office may agree to counseling period, shall inform the employee (a) Explanation. Mediation is a process in waive confidentiality of the counseling proc- of the right to file with the Office a request which employees, employing offices and ess for the limited purpose of contacting the for mediation within 15 days after receipt by their representatives meet separately and/or employing office to obtain information to be the employee of the notice of the end of the jointly with a neutral trained to assist them used in counseling the employee or to at- counseling period. in resolving disputes. As parties to the medi- tempt a resolution of any disputed matter(s). (m) Employees of the Office of the Archi- ation, employees, employing offices and Such a limited waiver must be written on tect of the Capitol and Capitol Police. (1) Where an employee of the Office of the their representatives openly discuss alter- the form supplied by the Office and signed by Architect of the Capitol or of the Capitol Po- natives to continuing their dispute, includ- both the counselor and the employee. ing any and all possibilities of reaching a (f) Role of Counselor in informing em- lice requests counseling under the Act and voluntary, mutually satisfactory resolution. ployee of his or her rights and responsibil- these rules, the Executive Director may rec- The neutral has no power to impose a spe- ities. The counselor will provide the em- ommend that the employee use the griev- ance procedures of the Architect of the Cap- cific resolution, and the mediation process, ployee with appropriate information con- itol or the Capitol Police. Pursuant to Sec- whether or not a resolution is reached, is cerning rights and responsibilities under the tion 401 of the Act and by agreement with strictly confidential, pursuant to Section 416 Act and these rules. (g) Role of Counselor in defining concerns. the Architect of the Capitol and the Capitol of the Act. The counselor may: Police Board, when the Executive Director (b) Initiation. Not more than 15 days after (1) obtain the name, home and office mail- makes such a recommendation, the following receipt by the employee of the notice of the ing addresses, and home and office telephone procedures shall apply: conclusion of the counseling period under (A) The Executive Director shall rec- numbers of the person being counseled; Section 2.03(l), the employee may file with ommend to the employee that the employee (2) obtain the name and title of the the Office a written request for mediation. use the procedures of the Architect or of the person(s) whom the employee claims has en- The request for mediation shall contain the Capitol Police Board, as appropriate, for a gaged in a violation of the Act and the em- employee’s name, address, and telephone period generally up to 90 days, unless the Ex- ploying office in which this person(s) works; number, and the name of the employing of- ecutive Director determines a longer period (3) obtain a detailed description of the fice. Failure to request mediation within the is appropriate for resolution of the employ- action(s) at issue, including all relevant prescribed period will preclude the employ- ee’s complaint through the internal proce- dates, and the covered employee’s reason(s) ee’s further pursuit of his or her claim. dures of the Architect or the Capitol Police for believing that a violation may have oc- (c) Notice of commencement of the medi- Board; ation period. The Office shall notify the em- curred; (B) After having contacted the Office and (4) inquire as to the relief sought by the ploying office or its designated representa- having utilized the grievance procedures of tive of the commencement of the mediation covered employee; the Architect or to the Capitol Police Board, (5) obtain the name, address and telephone period. the employee may return to the procedures number of the employee’s representative, if (d) Selection of Neutrals; Disqualification. under these rules: Upon receipt of the request for mediation, any, and whether the representative is an at- (i) after the expiration of the period rec- the Executive Director shall assign one or torney. ommended by the Executive Director, if the more neutrals to commence the mediation (h) Role of Counselor in attempting infor- matter has not been resolved; or mal resolution. In order to attempt to re- (ii) within 20 days after receiving a final process. In the event that a neutral considers solve the matter brought to the attention of decision as a result of the procedures of the him or herself unable to perform in a neutral the counselor, the counselor must obtain a Architect or of the Capitol Police Board. role in a given situation, he or she shall waiver of confidentiality pursuant to Section (C) The period during which the matter is withdraw from the matter and immediately 2.03(e)(2) of this chapter. If the employee exe- pending in the internal procedure shall not shall notify the Office of the withdrawal. cutes such a waiver, the counselor may: count against the time available for counsel- Any party may ask the Office to disqualify a (1) conduct a limited inquiry for the pur- ing or mediation under the Act. If the griev- neutral by filing a written request, including pose of obtaining any information necessary ance is resolved to the employee’s satisfac- the reasons for such request, with the Execu- to attempt an informal resolution or formal tion, the Office will consider the case to be tive Director. This request shall be filed as settlement; closed in its official files. soon as the party has reason to believe there (2) reduce to writing any formal settlement (2) Notice to employees who have not initi- is a basis for disqualification. The Executive achieved and secure the signatures of the ated counseling with the Office. When an em- Director’s decision on this request shall be employee, his or her representative, if any, ployee of the Architect of the Capitol or the final and unreviewable. and a member of the employing office who is Capitol Police raises in the internal proce- (e) Duration and Extension. (1) The medi- authorized to enter into a settlement on the dures of the Architect or of the Capitol Po- ation period shall be 30 days beginning on employing office’s behalf; and, pursuant to lice Board an allegation which may also be the date the request for mediation is re- Section 414 of the Act and Section 9.03 of raised under the procedures set forth in this ceived, unless the Office grants an extension. these rules, seek the approval of the Execu- subpart, the Architect or the Capitol Police (2) The Office may extend the mediation tive Director. Board should advise the employee in writing period upon the joint request of the parties. (i) Counselor not a representative. The that a request for counseling about the alle- The request shall be written and filed with counselor shall inform the person being gation must be initiated with the Office the Office no later than the 28th day of the counseled that the counselor does not rep- within 180 days after the alleged violation of mediation period. The request shall set forth resent either the employing office or the em- law occurred if the employee intends to use the joint nature of the request and the rea- ployee. The counselor provides information the procedures of the Office. sons therefor, and specify when the parties and may act as a third-party intermediary (3) Notice in final decisions when employ- expect to conclude their discussions. Re- with the goals of increasing the individual’s ees have not initiated counseling with the quests for additional extensions may be understanding of his or her rights and re- Office. When an employee raises in the inter- made in the same manner. Approval of any sponsibilities under the Act and of promot- nal procedures of the Architect or of the extensions shall be within the sole discretion ing the early resolution of the matter. Capitol Police Board an allegation which of the Office. (j) Duration of counseling period. The pe- may also be raised under the procedures set (f) Procedures. (1) The Neutral’s Role. riod for counseling shall be 30 days, begin- forth in this subpart, any final decision pur- After assignment of the case, the neutral ning on the date that the request for coun- suant to the procedures of the Architect of will promptly contact the parties. The neu- seling is received by the Office unless the the Capitol or of the Capitol Police Board tral has the responsibility to conduct the employee and the Office agree to reduce the should include notice to the employee of his mediation, including deciding how many period. or her right to initiate the procedures under meetings are necessary and who may partici- (k) Duty to proceed. An employee who ini- these rules within 180 days after the alleged pate in each meeting. The neutral may ac- tiates a proceeding under this part shall be violation occurred. cept written submissions from the parties. responsible at all times for proceeding, re- (4) Notice in final decisions when there has (2) The Agreement to Mediate. At the com- gardless of whether he or she has designated been a recommendation by the Executive Di- mencement of the mediation, the neutral November 14, 1995 CONGRESSIONAL RECORD — SENATE S 17015 will ask the parties to sign an agreement (b) When to file. A complaint may be filed (b) Service. The parties shall serve on each (″the Agreement to Mediate″) to adhere to no sooner than 30 days after the date of re- other one copy of all briefs or motions filed the confidentiality of the process. The ceipt of the notice under Section 2.04(h), but with the Office, other than the Complaint, Agreement to Mediate will also provide that no later than 90 days after that notice. which the Office will serve pursuant to Sec- the parties to the mediation will not seek to (c) Form and Contents. A complaint shall tion 2.06(e) of these rules. Service shall be have the counselor or the neutral testify or be written or typed on a complaint form made by mailing or by hand delivering a otherwise present evidence in any subse- available from the Office. All complaints copy of the motion, brief, response or other quent civil action under Section 408 of the shall be signed by the covered employee, or document to each party on the service list Act or any other proceeding. his or her representative, and shall contain previously provided by the Office. Each of (g) Who may participate. The covered em- the following information: these documents, other than the Complaint, ployee, the employing office, their respective (1) the name, mailing address, and tele- must be accompanied by a certificate of representatives, and the Office may meet, phone number(s) of the complainant; service specifying how and when service was jointly or separately, with the neutral. A (2) the name(s) and title(s) of the made. It shall be the duty of all parties to representative of an employing office who individual(s) involved in the action that the notify the Office and one another in writing employee claims is a violation of the Act; has actual authority to agree to a settle- of any changes in the names or addresses on (3) the name, address and telephone num- ment agreement on behalf of the employing the service list. ber of the employing office involved; office must be present at the mediation or (4) a description of the conduct being chal- (c) Time limitations for response to mo- must be immediately accessible by telephone lenged, including the date(s) of the conduct; tions or briefs and reply. Unless otherwise during the mediation. (5) a brief description of why the complain- specified by the Hearing Officer or these (h) Conclusion of the Mediation Period and ant believes the challenged conduct is a vio- rules, a party shall file a response to a mo- Notice. If, at the end of the mediation pe- lation of the Act and the Section(s) of the tion or brief within 15 days of the service of riod, the parties have not resolved the mat- Act involved; the motion or brief upon the party. Any ter that forms the basis of the request for (6) a statement of the relief or remedy reply to such response shall be filed and mediation, the Office shall provide the em- sought; and served within 5 days of the service of the re- ployee and the employing office, and their (7) the name, address, and telephone num- sponse. representatives, with written notice that the ber of the representative, if any, who will act (d) Size limitations. Except as otherwise mediation period has concluded. At the same on behalf of the complainant. specified by the Hearing Officer or these time, the Office will notify the employee of (d) Amendments. Amendments to the com- rules, no brief, motion, response, or support- his or her right to elect to file a complaint plaint may be permitted by the Office or, ing memorandum filed with the Office shall with the Office in accordance with Section after assignment, by a Hearing Officer, on exceed 35 pages, or 8,750 words, exclusive of 405 of the Act and Section 2.06 of these rules the condition that all parties to the proceed- attachments. The Board, the Office or Hear- or to file a civil action pursuant to Section ing have adequate notice to prepare to meet ing Officer may waive, raise or reduce this 408 of the Act and Section 2.11 of these rules. the new allegations, and so long as the limitation for good cause shown or on its (i) Independence of the Mediation Process amendments relate to the violations for own initiative. Briefs, motions, responses, and the Neutral. The Office will maintain which the employee has completed counsel- and supporting memoranda shall be on the independence of the mediation process ing and mediation and permitting such standard letter-size paper (81⁄2′′ x 11′′). and the neutral. No individual, who is ap- amendments will not unduly prejudice the § 2.09 Dismissal of complaints pointed by the Executive Director to medi- rights of the employing office or other par- (a) A Hearing Officer may, after notice and ate, may conduct or aid in a hearing con- ties, unduly delay the completion of the an opportunity to respond, dismiss any claim ducted under Section 405 of the Act with re- hearing or otherwise interfere with or im- that the Hearing Officer finds to be frivolous spect to the same matter or shall be subject pede the proceedings. to subpoena or any other compulsory process (e) Service of Complaint. Upon receipt of a or that fails to state a claim upon which re- with respect to the same matter. complaint or an amended complaint, the Of- lief may be granted. (j) Confidentiality. Except as necessary to fice shall serve the employing office named (b) A Hearing Officer may, after notice and consult with the parties, their counsel or in the complaint, or its designated represent- an opportunity to respond, dismiss a com- other designated representatives, the parties ative, with a copy of the complaint or plaint because it fails to comply with the ap- to the mediation, the neutral, and the Office amended complaint and a copy of these plicable time limits or other requirements shall not disclose, in whole or in part, any rules. The Office shall include a service list under these rules. information or records obtained through, or containing the names and addresses of the (c) If any employee fails to proceed with an prepared specifically for, the mediation proc- parties and their designated representatives. action, the Hearing Officer may dismiss the ess. This rule shall not preclude a neutral (f) Answer. Within 15 days after service of complaint with prejudice. from consulting with the Office, except that a copy of a complaint or an amended com- (d) Appeal. A dismissal by the Hearing Offi- a neutral shall not consult with a party or plaint, the respondent employing office shall cer made under Section 7.17 of these rules witness within the Office when the covered file an answer with the Office and serve one may be subject to appeal before the Board if employee is an employee of the Office. This copy on the complainant. The answer shall the aggrieved party files a timely petition rule shall also not preclude the Office from contain a statement of the position of the re- for review under Section 8.01. reporting statistical information that does spondent employing office on each of the is- (e) Withdrawal of Complaint by Complain- not reveal the identity of the employees or sues raised in the complaint, including ad- ant. At any time an employee may withdraw employing offices involved in the mediation. missions, denials, or explanations of each al- his or her own complaint by filing a notice All parties to the action and their represent- legation made in the complaint and any with the Office for transmittal to the Hear- atives will be advised of the confidentiality other defenses to the complaint. Failure to ing Officer and by serving a copy on the em- requirements of this process and of the sanc- raise a claim or defense in the answer shall ploying office or representative. Any such tions that might be imposed for violating not bar its submission later unless to do so withdrawal must be approved by the Execu- these requirements. would unduly prejudice the rights of the tive Director. § 2.05 Election of proceeding other party or unduly delay or otherwise § 2.10 Confidentiality (a) Pursuant to Section 404 of the Act, not interfere with or impede the proceedings. Pursuant to Section 416(c) of the Act, all later than 90 days after a covered employee § 2.07 Appointment of the Hearing Officer proceedings and deliberations of Hearing Of- receives notice of the end of mediation under Upon the filing of a complaint, the Execu- ficers and the Board, including any related Section 2.04(h) of these rules, but no sooner tive Director will appoint an independent records, shall be confidential. A violation of than 30 days after that date, the covered em- Hearing Officer, who shall have the author- the confidentiality requirements of the Act ployee may either: ity specified in Section 7.01(b) below. The and these rules could result in the imposi- File a complaint with the Office in accord- Hearing Officer shall not be the neutral who tion of sanctions. Nothing in these rules ance with Section 405 of the Act and the pro- mediated the matter under Section 2.04 of shall prevent the Executive Director from cedure set out in Section 2.06, below; or these rules. reporting statistical information to the Sen- File a civil action in accordance with Sec- § 2.08 Filing, service, and size limitations of ate and House of Representatives, so long as tion 408 of the Act and Section 2.11 below in motions, briefs, responses or other docu- that statistical information does not reveal the United States District Court for the dis- ments the identity of the employees involved or of employing offices that are the subject of a trict in which the employee is employed or (a) Filing with the Office; Number. One matter. for the District of Columbia. original and three copies of all motions, (b) A covered employee who files a civil ac- briefs, responses, or other documents, must § 2.11 Filing of civil action tion pursuant to Section 2.11, may not there- be filed, whenever required, with the Office (a) Filing. Section 4.04 of the Act provides after file a complaint under Section 2.06 on or Hearing Officer. However, when a party that as an alternative to filing a complaint the same matter. aggrieved by the decision of a Hearing Offi- under Section 2.06, an employee who receives § 2.06 Complaints cer files an appeal with the Board, one origi- notice of the end of mediation pursuant to (a) Who may file. An employee who has nal and seven copies of both any appeal brief Section 2.04(h) may elect to file a civil ac- completed mediation under Section 2.04 may and any responses must be filed with the Of- tion in accordance with Section 408 of the timely file a complaint with the Office. fice. Act in the United States district court for S 17016 CONGRESSIONAL RECORD — SENATE November 14, 1995 the district in which the employee is em- subpoenas for the attendance and testimony (d) Application to an appropriate court; ployed or for the District of Columbia. of witnesses and for the production of cor- civil contempt. If a person fails to comply (b) Time for filing. A covered employee respondence, books, papers, documents, or with a subpoena, the Board may direct the may file such a civil action no earlier than 30 other records. The attendance of witnesses General Counsel to apply, in the name of the days after receipt of the notice under the and the production of records may be re- Office, to an appropriate United States dis- Section 2.04(h), but no later than 90 days quired from any place within the United trict court for an order requiring that person after that receipt. States. to appear before the Hearing Officer to give Subpart C—[Reserved (part B—Section 210— (b) Request. A request for the issuance of a testimony or produce records. Any failure to ADA Public Services)] subpoena requiring the attendance and testi- obey a lawful order of the district court may mony of witnesses or the production of docu- be held by such court to be a civil contempt Subpart D—[Reserved (Part C—Section 215— ments or other evidence under paragraph (a) thereof. OSHA)] above shall be submitted to the Hearing Offi- Subpart G—Hearings Subpart E—[Reserved (Part D—Section 220— cer at least 15 days in advance of the date LMR)] scheduled for the commencement of the § 7.01 The Hearing Officer § 7.02 Sanctions Subpart F—Discovery and Subpoenas hearing. If the subpoena is sought as part of § 7.03 Disqualification of the Hearing Officer § 6.01 Discovery the discovery process, the request shall be submitted to the Hearing Officer at least 10 § 7.04 Motions and Prehearing Conference § 6.02 Requests for Subpoenas § 7.05 Scheduling the Hearing § 6.03 Service days in advance of the date set for the at- tendance of the witness at a deposition or § 7.06 Consolidation and Joinder of Cases § 6.04 Return of Service § 7.07 Conduct of Hearing; disqualification of § 6.05 Motion to Quash the production of documents. (c) Forms and showing. Requests for sub- representatives § 6.06 Enforcement poenas shall be submitted in writing to the § 7.08 Transcript § 6.01 Discovery Hearing Officer and shall specify with par- § 7.09 Admissibility of Evidence (a) Explanation. Discovery is the process ticularity the witness, correspondence, § 7.10 Stipulations by which a party may obtain relevant infor- books, papers, documents, or other records § 7.11 Official Notice mation, not privileged, from another person, desired and shall be supported by a showing § 7.12 Confidentiality including a party, for the purpose of assist- of general relevance and reasonable scope. § 7.13 Immediate Board Review of a Ruling ing that party in developing, preparing and (d) Rulings. The Hearing Officer shall by a Hearing Officer presenting its case at the hearing. promptly rule on the request. § 7.14 Briefs (b) Office policy regarding discovery. It is § 6.03 Service § 7.15 Closing the record § 7.16 Official Record the policy of the Office to encourage the Service of a subpoena may be made by any § 7.17 Hearing Officer Decisions; Entry in early and voluntary exchange of relevant person who is over 18 years of age and not a Records of the Office and material nonprivileged information be- party to the proceeding. Service may be tween the parties, including the names and made either: § 7.01 The Hearing Officer addresses of witnesses and copies of relevant (a) In person, (a) Exercise of authority. The Hearing Offi- and material documents, and to encourage (b) By registered or certified mail, or ex- cer may exercise authority as provided in Hearing Officers to develop procedures which press mail with return receipt, or paragraph (b) of this Section upon his or her allow for the greatest exchange of relevant (c) By delivery to a responsible person own initiative or upon the motion of a party, and material information and which mini- (named) at the residence or place of business as appropriate. mize the need for parties to formally request (as appropriate) of the person to be served. (b) Authority. Hearing Officers shall con- such information. § 6.04 Return of service duct fair and impartial hearings and take all (c) Discovery availability. Pursuant to When service of a subpoena is effected, the necessary action to avoid undue delay in the Section 405(e) of the Act, the Hearing Officer person serving the subpoena shall certify on disposition of all proceedings. They shall in his or her discretion may permit reason- the return of service the date and the man- have all powers necessary to that end unless able prehearing discovery. In exercising that ner of service. otherwise limited by law, including, but not discretion, the Hearing Officer may be guid- § 6.05 Motion to quash limited to, the authority to: ed by the Federal Rules of Civil Procedure. Any person against whom a subpoena is di- (1) Administer oaths and affirmations; (1) The Hearing Officer may authorize dis- rected may file a motion to quash or limit (2) Rule on motions to disqualify des- covery by one or more of the following meth- the subpoena setting forth the reasons why ignated representatives; ods: depositions upon oral examination or the subpoena should not be complied with or (3) Issue subpoenas in accordance with Sec- written questions; written interrogatories; why it should be limited in scope. This mo- tion 6.02; production of documents or things or permis- tion shall be filed with the Hearing Officer (4) Rule upon offers of proof and receive sion to enter upon land or other property for within 10 days after service of the subpoena. relevant evidence; inspection or other purposes; physical and (5) Rule upon discovery issues as appro- § 6.06 Enforcement mental examinations; and requests for ad- priate under Sections. 6.01 to 6.06; mission. (a) Objections and Requests for enforce- (6) Hold prehearing conferences for the set- (2) The Hearing Officer may make any ment. If a person has been served with a sub- tlement and simplification of issues; order setting forth the forms and extent of poena pursuant to Section 6.03 but fails or (7) Convene a hearing as appropriate, regu- discovery, including orders limiting the refuses to comply with its terms or other- late the course of the hearing, and maintain number of depositions and interrogatories wise objects to it, the party or person object- decorum and exclude from the hearing any and requests for production of documents, ing or the party seeking compliance may person who disrupts, or threatens to disrupt, and may also limit the length of depositions. seek a ruling from the Hearing Officer. The that decorum; (3) The Hearing Officer may issue any request for a ruling should be submitted in (8) Exclude from the hearing any person, other order to prevent discovery or disclo- writing to the Hearing Officer. However, it except any complainant, any party, the at- sure of confidential or privileged materials may be made orally on the record at the torney or representative of any complainant or information, as well as hearing or trial hearing at the Hearing Officer’s discretion. or party, or any witness while testifying; preparation materials and any other infor- The party seeking compliance shall present (9) Rule on all motions, witness and exhibit mation deemed not discloseable, or to pro- the return of service and, except where the lists and proposed findings, including mo- tect a party or person from annoyance, em- witness was required to appear before the tions for summary judgment; barrassment, oppression, or undue burden or Hearing Officer, shall submit evidence, by af- (10) Require the filing of briefs, memo- expense. fidavit or declaration, of the failure or re- randa of law and the presentation of oral ar- (d) Claims of privilege. Whenever a party fusal to obey the subpoena. gument with respect to any question of law; withholds information otherwise discover- (b) Ruling by Hearing Officer. (1)The Hear- (11) Order the production of evidence and able under these rules by claiming that it is ing Officer shall promptly rule on the re- the appearance of witnesses; privileged or confidential or subject to pro- quest for enforcement and/or the (12) Impose sanctions as provided under tection as hearing or trial preparation mate- objection(s). Section 7.02 of these rules; (2) On request of the objecting witness or rials, the party shall make the claim ex- (13) File decisions on the issues presented any party, the Hearing Officer shall, or on pressly and shall describe the nature of the at the hearing; documents, communications or things not the Hearing Officer’s own initiative the (14) Maintain the confidentiality of pro- produced or disclosed in a manner that, Hearing Officer may, refer the ruling to the ceedings: and without revealing the information itself Board for review. (15) Waive or modify any procedural re- (c) Review by the Board. The Board may privileged or protected, will enable other quirements of Sections 6 and 7 of these rules overrule, modify, remand or affirm the rul- parties to assess the applicability of the so long as permitted by the Act. ing of the Hearing Officer and in its discre- privilege or protection. tion, may direct the General Counsel to § 7.02 Sanctions § 6.02 Request for subpoena apply in the name of the Office for an order The Hearing Officer may impose sanctions (a) Authority to issue subpoenas. At the re- from a United States district court to en- upon the parties, under, but not limited to, quest of a party, a Hearing Officer may issue force the subpoena. the circumstances set forth in this Section. November 14, 1995 CONGRESSIONAL RECORD — SENATE S 17017 (a) Failure to comply with an order. When Only with the Hearing Officer’s advance ap- treated as one because they contain identical a party fails to comply with an order (includ- proval may either party file additional re- or similar issues or in such other appropriate ing an order for the taking of a deposition, sponses to the motion or to the response to circumstances. for the production of evidence within the the motion. Motions for extension of time (2) Joinder is when one person has two or party’s control, or for production of wit- will be granted only for good cause shown. more claims pending and they are united for nesses), the Hearing Officer may: (b) Scheduling of the Prehearing Con- consideration. For example, where a single (1) Draw an inference in favor of the re- ference. Within 7 days after assignment, the individual who has one appeal pending chal- questing party on the issue related to the in- Hearing Officer shall serve on the employee lenging a 30-day suspension and another ap- formation sought. and the employing office and their des- peal pending challenging a subsequent dis- (2) Stay further proceedings until the order ignated representatives written notice set- missal, joinder might be warranted. is obeyed. ting forth the time, date, and place of the (b) The Board, the Office, or a Hearing Offi- (3) Prohibit the party failing to comply prehearing conference. cer may consolidate or join cases on their with such order from introducing evidence (c) Prehearing conference memoranda. The own initiative or on the motion of a party if concerning, or otherwise relying upon, testi- Hearing Officer may order each party to pre- to do so would expedite processing of the mony relating to the information sought. pare a prehearing conference memorandum. cases and not adversely affect the interests (4) Permit the requesting party to intro- That memorandum may include: of the parties, taking into account the con- duce secondary evidence concerning the in- (1) The major factual contentions and legal fidentiality requirements of Section 416 of formation sought. issues that the party intends to raise at the the Act. (5) Strike any part of the complaint, briefs, hearing in short, successive, and numbered § 7.07 Conduct of hearing; disqualification of answer, or other submissions of the party paragraphs, along with any proposed stipula- representatives failing to comply with such request. tions of fact or law. For example, in a case (a) Pursuant to Section 405(d)(1) of the Act, (6) Direct judgment against the non-com- of alleged unlawful discrimination, a com- the Hearing Officer will conduct the hearing plying party in whole or in part. plainant’s statement of legal issues should in closed session on the record. Only the (7) Order that the non-complying party, or include that party’s statement of the appro- Hearing Officer, the parties and their rep- the representative advising that party, pay priate prima facie case; an employing office’s resentatives, and witnesses during the time all or part of the attorney’s fees and reason- statement should include the alleged legiti- they are testifying, will be permitted to at- able expenses of the other party or parties or mate, non-discriminatory reason(s) that the tend, except that the Office may not be pre- of the Office, caused by the failure, unless employing office will articulate; and affirma- cluded from observing the hearings. The the Hearing Officer or the Board finds that tive defenses, if any, which may be raised. Hearing Officer, or a person designated by the failure was substantially justified or (2) An estimate of the time necessary for the Hearing Officer or the Executive Direc- that other circumstances make an award of presentation of the party’s case; tor, shall control the recording of the pro- attorney’s fees and/or expenses unjust. (3) The specific relief, including the ceedings. (b) Failure to prosecute or defend. If a amount of monetary relief, that is being or (b) The hearing will be conducted as an ad- party fails to prosecute or defend a position, will be requested; ministrative proceeding. Witnesses shall tes- the Hearing Officer may dismiss the action (4) The names of potential witnesses for tify under oath or affirmation. Except as with prejudice or rule for the petitioner. the party’s case, except for potential rebut- specified in the Act and in these rules, the (c) Failure to make timely filing. The tal witnesses, and the purpose for which they Hearing Officer will conduct the hearing, to Hearing Officer may refuse to consider any will be called and a list of documents that the greatest extent practicable, in accord- request, motion or other action that is not the party is seeking from the opposing party, ance with the principles and procedures in filed in a timely fashion in compliance with and, if discovery was permitted, the status of Sections 554 through 557 of title 5 of the this Part. any pending request for discovery. (It is not United States Code. § 7.03 Disqualification of the Hearing Officer necessary to list each document requested. (c) No later than the opening of the hear- (a) In the event that a Hearing Officer con- Instead, the party may refer to the request ing, or as otherwise ordered by the Hearing siders himself or herself disqualified, either for discovery.) Officer, each party shall submit to the Hear- (5) A brief description of any other unre- because of personal bias or of an interest in ing Officer and to the opposing party a typed solved issues. the case or for some other disqualifying rea- list of the witnesses, except rebuttal wit- (d) At the prehearing conference, the Hear- son, he or she shall withdraw from the case, nesses, expected to be called to testify. ing Officer may discuss the subjects specified stating in writing or on the record the rea- (d) At the commencement of the hearing, in paragraph 4 above and the manner in sons for his or her withdrawal, and shall im- or as otherwise ordered by the Hearing Offi- which the hearing will be conducted and pro- mediately notify the Office of the with- cer, the Hearing Officer may consider any ceed. In addition the Hearing Officer may ex- drawal. stipulations of facts and law pursuant to plore settlement possibilities and consider (b) Any party may file a motion requesting Section 7.10, take official notice of certain how the factual and legal issues might be that a Hearing Officer withdraw on the basis facts pursuant to Section 7.11, rule on objec- simplified and any other issues that might of personal bias or of an interest in the case tions made by the parties and hear the exam- expedite the early resolution of the dispute. or for some other disqualifying reason. This ination and cross-examination of witnesses. The Hearing Officer shall issue an order, motion shall specifically set forth the rea- Each party will be expected to present his or which recites the action taken at the con- sons supporting the request and be filed as her cases in a concise manner, limiting the ference and the agreements made by the par- soon as the party has reason to believe that testimony of witnesses and submission of ties as to any of the matters considered and there is a basis for disqualification. documents to relevant matters. (c) The Hearing Officer shall rule on the which limits the issues to those not disposed (e) If the Hearing Officer concludes that a withdrawal motion. If the motion is denied, of by admissions or agreements of the par- representative of an employee, a witness, or the party requesting withdrawal may take ties. Such order, when entered, controls the an employing office has a conflict of inter- the motion to the Executive Director. The course of the proceeding, subject to later est, he may, after giving the representative motion to the Executive Director, together modification by the Hearing Officer by his or an opportunity to respond, disqualify the with a supporting brief, shall be filed within her own order or upon proper request of a representative. In that event, within the 5 days of service of the denial of the motion party for good cause shown. time limits established by the Act, the af- by the Hearing Officer. Upon receipt of the § 7.05 Scheduling the hearing fected party will have a reasonable time to motion, the Executive Director will deter- (a) Date, time, and place of hearing. The retain other representation. mine whether a response from the other Office shall issue the notice of hearing, § 7.08 Transcript party or parties is required, and if so, will fix which shall fix the date, time, and place of (a) Preparation. An accurate electronic or by order the time for the filing of the re- hearing. In no event, absent a postponement stenographic record of the hearing shall be sponse. Any objection to the ruling of the granted by the Office, will a hearing com- kept and shall be the sole official record of Executive Director on the withdrawal mo- mence later than 60 days after the filing of the proceeding. The Office shall be respon- tion shall not be deemed waived by further the complaint. sible for the cost of transcription of the participation in the hearing and may be the (b) Motions for postponement or a continu- hearing. Upon request, a copy of a transcript basis for an appeal to the Board from the de- ance. Motions for postponement or for a con- of the hearing shall be provided to each cision of the Hearing Officer under Section tinuance by either party shall be made in party, provided, however, that such party 8.01 of these rules. Such objection will not writing to the Office, shall set forth the rea- has first agreed to maintain and respect the stay the conduct of the hearing. sons for the request and the position of the confidentiality of such transcript in accord- § 7.04 Motions and prehearing conference opposing party on the postponement. Such a ance with the applicable rules prescribed by (a) Motions. When a case is before a Hear- motion may be granted upon a showing of the Office or the Hearing Officer in order to ing Officer, motions of the parties shall be good cause. In no event will a hearing com- effectuate Section 416(c) of the Act. Addi- filed with the Hearing Officer and shall be in mence later than 90 days after the filing of tional copies of the transcript shall be made writing except for oral motions made on the the complaint. available to a party upon payment of costs. record during the hearing. All written mo- § 7.06 Consolidation and joinder of cases Exceptions to the payment requirement may tions and any responses to them shall in- (a) Explanation. (1) Consolidation is when be granted for good cause shown. A motion clude a proposed order, where applicable. two or more parties have cases that might be for an exception shall be made in writing and S 17018 CONGRESSIONAL RECORD — SENATE November 14, 1995 accompanied by an affidavit or declaration (2) Whether an immediate review of the introduction, the Hearing Officer may allow setting forth the reasons for the request and Hearing Officer ruling by the Board will ma- an additional period before the conclusion of shall be granted upon a showing of good terially advance the completion of the pro- the hearing as is necessary for that purpose. cause. Requests for copies of transcripts ceeding; and (b) Once the record is closed, no additional shall be directed to the Office. The Office (3) Whether denial of immediate review evidence or argument shall be accepted into may, by agreement with the person making will cause undue harm to a party or the pub- the record except upon a showing that new the request, make arrangements with the of- lic. and material evidence has become available ficial hearing reporter for required services (c) Time for Filing. A motion by a party that was not available despite due diligence to be charged to the requester. for interlocutory review of a ruling of the prior to the closing of the record. However, (b) Corrections. Corrections to the official Hearing Officer shall be filed with the Hear- the Hearing Officer shall make part of the transcript will be permitted. Motions for cor- ing Officer within 5 days after service of the record any motions for attorney fees, sup- rection must be submitted within 10 days of ruling upon the parties. The motion shall in- porting documentation, and determinations service of the transcript upon the party. Cor- clude arguments in support of both inter- thereon, and any approved correction to the rections of the official transcript will be per- locutory review and the determination to be transcript. mitted only when errors of substance are in- made by the Board upon review. Responses, § 7.16 Official record if any, shall be filed with the Hearing Officer volved and only upon approval of the Hear- The transcript of testimony and the exhib- within 3 days after service of the motion. ing Officer. The Hearing Officer may make its, together with all papers and motions (d) Hearing Officer Action. If the condi- corrections at any time with notice to the filed in the proceeding, shall constitute the tions set forth in paragraph (b) above are parties. exclusive and official record. § 7.09 Admissibility of evidence met, the Hearing Officer may forward a re- quest for interlocutory review to the Board § 7.17 Hearing Officer decisions; entry in The Hearing Officer shall apply the Federal for its immediate consideration. Any such records of the Office rules of evidence to the greatest extent prac- submission shall explain the basis on which (a) Pursuant to Section 405(g) of the Act, ticable. These rules provide that the Hearing the Hearing Officer concluded that the no later than 90 days after the conclusion of Officer may exclude evidence if, among other standards for interlocutory review have been the hearing, the Hearing Officer shall issue a things, it constitutes inadmissible hearsay met. written decision. or its probative value is substantially out- (e) Grant of Interlocutory Review Within (b) Upon issuance, the decision and order of weighed by the danger of unfair prejudice, by Board’s Sole Discretion. The Board, in its the Hearing Officer shall be entered into the confusion of the issues, or by considerations sole discretion, may grant interlocutory re- records of the Office. of undue delay, waste of time, or needless view. (c) The Office shall promptly provide a presentation of cumulative evidence. (f) Stay pending review. Unless otherwise copy of the decision and order of the Hearing § 7.10 Stipulations directed by the Board, the stay of any pro- Officer to the parties. The parties may stipulate as to any matter ceedings during the pendency of either a re- (d) If there is no appeal of a decision and of fact. Such a stipulation will satisfy a par- quest for interlocutory review or the review order of a Hearing Officer, that decision be- ty’s burden of proving the fact alleged. itself shall be within the discretion of the comes a final decision of the Office, which is subject to enforcement under Section 8.01 of § 7.11 Official notice Hearing Officer. (g) Denial of Motion not Appealable; Man- these rules. The Hearing Officer on his or her own mo- damus. The grant or denial of a motion for a Subpart H—Proceedings before the Board tion or on motion of a party, may take offi- request for interlocutory review shall not be cial notice of a fact that is not subject to § 8.01 Appeal to the Board appealable. The Hearing Officer shall § 8.02 Compliance with Final Decisions, Re- reasonable dispute because it is either: (a) A promptly bring a denial of such a motion, matter of common knowledge; or (b) capable quests for Enforcement and the reasons therefor, to the attention of § 8.03 Judicial Review of accurate and ready determination by re- the Board. If, upon consideration of the mo- sort to sources whose accuracy cannot rea- tion and the reason for denial, the Board be- § 8.01 Appeal to the Board sonably be questioned. Official notice taken lieves that interlocutory review is war- (a) No later than 30 days after the entry of of any fact satisfies a party’s burden of prov- ranted, it may grant the review sua sponte. the decision of the Hearing Officer in the ing the fact noticed. In addition, the Board may in its discretion, records of the Office, an aggrieved party may Where a decision, or part thereof, rests on in extraordinary circumstances, entertain seek review of that decision by the Board by the official notice of a material fact not ap- directly from a party a writ of mandamus to filing with the Office a petition for review by pearing in the evidence in the record, the review a ruling of a Hearing Officer. the Board. The appeal must be served on the fact of official notice shall be so stated in (h) Procedures before Board. Upon its ac- opposing party or its representative. the decision, and any party, upon timely re- ceptance of a ruling of the Hearing Officer (b) Unless otherwise ordered by the Board, quest, shall be afforded an opportunity to for interlocutory review, the Board shall within 21 days following the filing of a peti- show the contrary. issue an order setting forth the procedures tion for review to the Board, the appellant § 7.12 Confidentiality that will be followed in the conduct of that shall file and serve a supporting brief. That Pursuant to Section 416 of the Act, all pro- review. brief shall identify with particularity those ceedings and deliberations of Hearing Offi- (i) Review of a Final Decision. Denial of in- findings or conclusions in the decision that cers and the Board, including the transcripts terlocutory review will not affect a party’s are challenged and shall refer specifically to of hearings and any related records, shall be right to challenge rulings, which are other- the portions of the record and the provisions confidential, except as specified in Section wise appealable, as part of an appeal to the of statutes or rules that are alleged to sup- 416(d), (e), and (f) of the Act. All parties to Board from the Hearing Officer’s decision is- port each assertion made on appeal. the proceeding and their representatives, and sued under Section 7.17 of these rules. Unless otherwise ordered by the Board, witnesses who appear at the hearing, will be § 7.14 Briefs within 21 days following the service of the advised of the importance of confidentiality appellant’s brief, the opposing party may file (a) May be filed. The Hearing Officer may and serve a responsive brief. Unless other- in this process and of their obligations, sub- permit the parties to file posthearing briefs ject to sanctions, to maintain it. wise ordered by the Board, within 10 days on the factual and the legal issues presented following the service of the appellee’s re- § 7.13 Immediate Board Review of a Ruling by in the case. sponsive brief, the appellant may file and (b) Length. No principal brief shall exceed a Hearing Officer serve a reply brief. (a) Review strongly disfavored. Board re- 50 pages, or 12,500 words, and no reply brief 25 (c) Upon the request of any party or upon view of a ruling by a hearing officer while a pages, or 6,250 words, exclusive of tables and its own order, the Board, in its discretion, proceeding is ongoing (an ‘‘interlocutory ap- pages limited only to quotations of statutes, may hold oral argument on an appeal. peal’’) is strongly disfavored. In general, a rules, and the like. Motions to file extended (d) Upon appeal, the Board shall issue a request for interlocutory review may go be- briefs shall be granted only for good cause written decision setting forth the reasons for fore the Board for consideration only if the shown; the Hearing Officer may in his or her its decision. The Board may affirm, reverse, Hearing Officer, on his or her own motion or discretion also reduce the page limits. Briefs modify or remand the decision of the Hear- by motion of the parties, determines that in excess of 10 pages shall include an index ing Officer in whole or in part. the issue presented is of such importance to and a table of authorities. (e) The Board may remand the matter to the proceeding that it requires the Board’s (c) Format. Every brief must be easily the Hearing Officer for further action or pro- immediate attention. readable. Briefs must have double spacing ceedings, including the reopening of the (b) Standards for review. In determining between each line of text, except for quoted record for the taking of additional evidence. whether to forward a request for interlocu- texts and footnotes, which may be single- The Hearing Officer shall render a report to tory review to the Board, the Hearing Officer spaced. the Board on the remanded matters. Upon shall consider the following: § 7.15 Closing the record receipt of the report, the Board shall deter- (1) Whether the ruling involves a signifi- (a) The record shall be closed at the con- mine whether the views of the parties on the cant question of law or policy about which clusion of the hearing. However, when the content of the report should be obtained in there is substantial ground for difference of Hearing Officer allows the parties to submit writing and, where necessary, shall fix by opinion; and additional evidence previously identified for order the time for the submission of those November 14, 1995 CONGRESSIONAL RECORD — SENATE S 17019 views. A decision of the Board following Subpart I—Other Matters of General In 1992 and 1993 Alex was selected as completion of the remand shall be the final Applicability the environmental services’ Employee decision of the Board and shall be subject to § 9.01 Attorney’s Fees and Costs of the Year, in recognition of his out- judicial review. § 9.02 Ex parte Communications standing performance and attendance (f) Pursuant to Section 406(c) of the Act, in § 9.03 Settlement Agreements conducting its review of the decision of a record. § 9.04 Revocation, amendment or waiver of Alex’s primary responsibility was the Hearing Officer, the Board shall set aside a rules decision if it determines that the decision care and maintenance of the Minton was: § 9.01 Attorney’s fees and costs tile floors located throughout the Sen- (1) arbitrary, capricious, an abuse of dis- (a) Request. No later than 20 days after the ate wing of the Capitol Building. entry of a Hearing Officer’s decision under cretion, or otherwise not consistent with Alex was a dedicated and loyal em- law; Section 7.17 or after service of a Board deci- (2) not made consistent with required pro- sion by the Office, the complainant, if he or ployee who took great pride in his cedures; or she is a prevailing party, may submit to the work. As a result of his dedication, (3) unsupported by substantial evidence. Hearing Officer who heard the case initially many visitors to the Capitol have been (g) In making determinations under para- a request for the award of reasonable attor- provided the opportunity to view this graph (g), above, the Board shall review the ney’s fees and costs, following the form spec- historic building at its very best. whole record, or those parts of it cited by a ified in paragraph (b) below. The Board or All those who knew Alex knew him party, and due account shall be taken of the the Hearing Officer, after giving the respond- rule of prejudicial error. as a kind, quiet, and caring person. He ent an appointment to reply, shall rule on will be missed by all. (h) Record: what constitutes. The com- the request. plaint and any amendments, notice of hear- (b) Form of Request. In addition to setting Mr. President, I suggest the absence ing, answer and any amendments, motions, forth the legal and factual bases upon which of a quorum. rulings, orders, stipulations, exhibits, docu- the attorney’s fees and/or costs are sought, a The PRESIDING OFFICER. The mentary evidence, depositions, and the tran- request for attorney’s fees and/or costs shall clerk will call the roll. script of the hearing (together with any elec- be accompanied by: The legislative clerk proceeded to tronic recording of the hearing if the origi- (1) accurate and contemporaneous time call the roll. nal reporting was performed electronically) records; Mr. CRAIG. Mr. President, I ask together with the hearing officer’s decision (2) a copy of the terms of the fee agreement unanimous consent that the order for and the petition for review, and any cross-pe- (if any); tition, shall constitute the record in the (3) the attorney’s customary billing rate the quorum call be rescinded. case. for similar work; and The PRESIDING OFFICER. Without § 8.02 Compliance with final decisions, requests (4) an itemization of costs related to the objection, it is so ordered. for enforcement matter in question. f (a) A party required to take any action § 9.02 [Reserved—Ex parte Communications] under the terms of a final decision of the Of- § 9.03 Settlement agreements RECESS fice shall carry out its terms promptly, and (a) Application. This Section applies to The PRESIDING OFFICER. Under shall within 30 days after the decision or formal settlement agreements between par- the previous order, the hour of 12:30 ties under Section 414 of the Act. order becomes final and goes into effect by p.m., having arrived, the Senate will its terms, provide the Office and all parties (b) Informal Resolution. At any time be- to the proceedings with a compliance report fore a covered employee files a complaint now stand in recess until the hour of specifying the manner in which compliance under Section 405, a covered employee and 2:15 p.m. with the provisions of the decision or order the employing office, on their own, may Thereupon, at 12:31 p.m., the Senate has been accomplished. If complete compli- agree voluntarily and informally to resolve a recessed until 2:16 p.m.; whereupon, the ance has not been accomplished within 30 dispute, so long as the resolution does not Senate reassembled when called to days, the party required to take any such ac- require a waiver of a covered employee’s order by the Presiding Officer (Mr. rights or the commitment by the employing tion shall submit a compliance report speci- COATS). fying why compliance with any provision of office to an enforceable obligation. (c) Formal Settlement Agreement. The The PRESIDING OFFICER. The Sen- the decision order has not yet been fully ac- ator from Alaska is recognized. complished, the steps being taken to assure parties may agree formally to settle all or full compliance, and the anticipated date by part of a disputed matter. In that event, the f which full compliance will be achieved. agreement shall be in writing and submitted (b) The Office may require additional re- to the Executive Director for review and ap- ALASKA POWER ADMINISTRATION ports as necessary; proval. ASSET SALE AND TERMINATION (c) If the Office does not receive notice of § 9.04 Revocation, amendment or waiver of ACT—CONFERENCE REPORT compliance in accordance with paragraph (a) rules Mr. MURKOWSKI. Mr. President, on of this Section, the Office shall make inquir- (a) The Executive Director, subject to the ies to determine the status of compliance. If behalf of Senator DOLE, I ask that the approval of the Board, may revoke or amend Chair lay before the Senate the con- the Office cannot determine that full compli- these rules by publishing proposed changes ance is forthcoming, the Office shall report in the Congressional Record and providing ference report to accompany S. 395, the the failure to comply to the Board and rec- for a comment period of not less than 30 Alaska Power Administration bill. ommend whether court enforcement of the days. Following the comment period, any The PRESIDING OFFICER. The decision should be sought. changes to the rules are final once they are clerk will report. (d) Any party may petition the Board for published in the Congressional Record. The legislative clerk read as follows: enforcement of a final decision of the Office (b) The Board or a Hearing Officer may The committee on conference on the dis- or the Board. The petition shall specifically waive a procedural rule contained in this agreeing votes of the two Houses on the set forth the reasons why the petitioner be- Part in an individual case for good cause amendments of the House to the bill (S. 395) lieves enforcement is necessary. shown if application of the rule is not re- to authorize and direct the Secretary of En- (e) Upon receipt of a report of non-compli- quired by law. ance or a petition for enforcement of a final ergy to sell the Alaska Power Marketing Ad- Signed at Washington, D.C., on this 13th decision, or as it otherwise determines, the ministration, and for other purposes, having day of November, 1995. Board may issue a notice to any person or met, after full and free conference, have party to show cause why the Board should R. Gaull Silberman, agreed to recommend and do recommend to not seek judicial enforcement of its decision Executive Director, Office of Compliance. their respective Houses this report, signed by or order. f a majority of the conferees. (f) Within the discretion of the Board, it The PRESIDING OFFICER. Without may direct the General Counsel to petition TRIBUTE TO ALEX BING objection, the Senate will proceed to the Court for enforcement of a decision Mr. DOLE. Mr. President; I know I the consideration of the conference re- under Section 406(e) of the Act whenever the speak for all Members of the Senate in port. Board finds that a party has failed to comply extending our condolences to the fam- (The conference report is printed in with its decision and order. ily of Alex Bing, who passed away on the House proceedings of the RECORD of § 8.03 Judicial review September 28, 1995. November 6, 1995.) Pursuant to Section 407 of the Act, a party At the time of his death, Alex had Mr. MURKOWSKI. Mr. President, it aggrieved by a final decision of the Board under Section 406(e) in cases arising under worked for the Senate for 10 years as a is my understanding that the Senator Part A of Title II of the Act may file a peti- valued employee of the Sergeant at from Washington, who is here, has tion for review with the United States Court Arms’ environmental service oper- agreed to 2 hours equally divided on of Appeals for the Federal Circuit. ation. this issue. S 17020 CONGRESSIONAL RECORD — SENATE November 14, 1995 The PRESIDING OFFICER. That is S. 395 and a separate formal agree- from lifting the ANS crude export the order. ment provide for the full protection of ban.’’ In fact, the Department con- Mr. MURKOWSKI. I thank the Chair. fish and wildlife. The purchasers, the cluded that, ‘‘[w]hen indirect effects Mr. President, I am pleased to bring State of Alaska, the U.S. Department are considered, it appears that the before the Senate the conference report of Commerce National Marine Fish- market response to removing the ANS on S. 395, historic legislation that our eries Service, and the U.S. Department export ban could result in a production State has sought for over a decade. Our of the Interior have jointly entered and transportation structure that is citizens will no longer be discriminated into a formal binding agreement pro- preferable to the status quo in certain against and kept from selling the viding for post-sale protection, mitiga- respects.’’ The Department found, for State’s most valuable resource in the tion, and enhancement of fish and wild- example, that ‘‘[l]ifting the export ban world market. Working with small and life resources affected by Eklutna and will reduce overall tanker movements integrated oil producers, with inde- Snettisham. S. 395 makes that agree- in U.S. waters.’’ The Department also pendent tanker operators, and with ment legally enforceable. found that the ‘‘[i]mported oil that maritime labor, we have demonstrated The Alaska Power Administration would substitute for ANS crude exports that it still is possible to get some- has 34 people located in Alaska. The would have a lower sulfur content than thing good done for the country. purchasers of the two projects have ANS crude, thereby lowering the aver- Title I of the conference report pro- pledged to hire as many of these as pos- age sulfur content of the crude proc- vides for the sale of the Alaska Power sible. For those who do not receive of- essed in California refineries.’’ The Administration’s assets and the termi- fers of employment, the Department of weight of the testimony taken before nation of the Alaska Power Adminis- Energy has pledged that it will offer my committee and the House Re- tration once the sale is completed. employment to any remaining Alaska sources Committee affirmed the appro- Power Administration employees, al- The Alaska Power Administration is priateness of the Department’s ulti- though the DOE jobs are expected to be unique among the Federal power mar- mate finding that enactment of this in the lower 48. keting administrations. First, unlike legislation would not have any direct Title II of the bill would at long last the other Federal power marketing ad- negative effect on the environment. allow exports of Alaska’s North Slope ministrations, the Alaska Power Ad- In light of the work already done and crude oil when carried in U.S.-flag ves- the conclusions reached by the Depart- ministration owns its power generating sels. This legislation will finally allow facilities, which consists of two hydro- ment of Energy, the conference report my State to market its most valuable electric projects. Second, these single- directs, as the ‘‘appropriate environ- product in the global marketplace, let- purpose hydroelectric projects were not mental review,’’ an abbreviated 4- ting the market determine its ultimate built as the result of a water resource month study. The environmental re- usage. view is intended to be thorough and management plan, as is the case with So that my colleagues will better un- comprehensive. Given the Depart- most other Federal hydroelectric derstand the provisions of title II, let ment’s findings and the compressed dams. Instead, they were built to pro- me expand on the description provided time frame, neither a full environ- mote economic development and the in the ‘‘Statement of Managers.’’ Sec- mental impact statement nor a more establishment of essential industries. tion 201 of the conference report au- limited environmental assessment is Third, the Alaska Power Administra- thorizes ANS exports, making inap- contemplated. NEPA is satisfied be- tion operates entirely in one State. plicable the general and specific re- cause the conference report directs Fourth, the Alaska Power Administra- strictions in section 7(d) of the Export that, if any potential adverse effects on tion was never intended to remain in- Administration Act of 1979, section the environment are found, the study definitely under Government control. 28(u) of the Mineral Leasing Act of is to recommend ‘‘appropriate meas- That is specifically recognized in the 1920, section 103 of the Energy Policy ures’’ to mitigate or cure them. This Eklutna project authorizing legisla- and Conservation Act, and the Depart- procedure tracks the well-recognized tion. ment of Commerce’s short supply regu- procedure whereby an agency may fore- The Alaska Power Administration lations, unless the President deter- go a full EIS by taking appropriate owns two hydroelectric projects, mines that they would not be in the steps to correct any problems found Snettisham and Eklutna. Snettisham national interest. The conference re- during an EA. Under current law, if an is a 78-megawatt project located 45 port negates, as well, any other exist- EA reveals some potentially adverse miles south of Juneau. It has been Ju- ing law, regulation, or executive order environmental effects, an agency may neau’s main power source since 1975, that might otherwise be interpreted to take mitigating measures that lessen accounting for 80 percent of its electric block ANS exports. power supply. Eklutna is a 30-mega- Before making his national interest or eliminate the environmental impact watt project located 34 miles northeast determination, the President must con- and, thereupon, make a finding of no of Anchorage. It has served the An- sider an appropriate environmental re- significant impact and decline to pre- chorage and Matanuska Valley areas view. Because questions were raised pare a formal EIS. Similarly, as long as since 1955, accounting for 5 percent of when the bill was first before the Sen- potentially adverse impacts can be its electric power supply. ate, I want to assure my colleagues mitigated by conditions on exports in- The Alaska Power Administration’s that the conferees have recommended a cluded in the President’s national in- assets will be sold pursuant to the 1989 provision fully consistent with the Na- terest determination, NEPA is satis- purchase agreements between the De- tional Environmental Policy Act. fied. partment of Energy and the pur- Under the conference report, the ad- In making his national interest de- chasers. Snettisham will be sold to the ministration is directed to conduct an termination, the President may im- State of Alaska, and Eklutna will be ‘‘appropriate environmental review.’’ pose—with one significant exception— sold jointly to the municipality of An- As my colleagues may know, ‘‘appro- appropriate terms and conditions on chorage, the Chugach Electric Associa- priate environmental review’’ is not a ANS exports. As set forth in the origi- tion, and the Matanuska Electric Asso- term defined in NEPA. Because it is nal Senate bill and the House compan- ciation. For both, the sale price is de- unique to this legislation and was not ion measure, the President may not termined under an agreed-upon for- given a statutory definition, I think I impose a volume limitation of any mula. It is the net present value of the should explain what the conferees kind. We want the market given a remaining debt service payments that meant through the selection of this chance to work. Having been discrimi- the Treasury would receive if the Fed- term and how it will operate consist- nated against for so long, we fought eral Government had retained owner- ently with NEPA. hard to ensure that our oil could be ship of the two projects. The proceeds In its comprehensive report on the sold under free market conditions. The from the sales are currently estimated costs and benefits of exporting ANS conference report is intended to permit to be about $85 million, however, the crude oil, the Department of Energy ANS crude oil to compete with other actual sales price will vary with the in- found ‘‘no plausible evidence of any di- crude oil in the world market under terest rate at the time of purchase. rect negative environmental impact normal market conditions. November 14, 1995 CONGRESSIONAL RECORD — SENATE S 17021 To facilitate competition and in rec- be little doubt that Congress has a rity, reduce our deficit in our balance ognition that the conference report compelling interest in preserving a of payments, create jobs, stimulate de- precludes imposition of a volume limi- fleet essential to our Nation’s military mand for related goods and services, tation, the conferees intend that the security, especially one vital to mov- and provide needed revenue through President direct exports to proceed ing an important natural resource such bonus bids, royalties, and ripple effect under a general license. Although as my State’s oil. In recognition of tax benefits. crude oil exports historically have been this, the conference report requires The basic need for this legislation is governed through the use of individual that ANS exports be carried in U.S.- very easy to justify: oil and gas re- validated licenses, this type of before- flag vessels. The only exceptions are serves nearest to shore or with easiest the-fact licensing procedure would not exports to Israel under a bilateral trea- access are being depleted, and as this be appropriate here. Like the rule gov- ty and to others under the Inter- happens companies are forced to look erning exports of refined petroleum national Emergency Oil Sharing Plan in deeper water for more reserves. That products, which are permitted under a of the International Energy Agency. is especially true in the Western and general license, the rule governing Prior to our taking the underlying Central Gulf of Mexico, where oil and ANS exports should permit use of a bill to the floor, the U.S. Trade Rep- gas exploration and production activ- general license for at least three rea- resentative assured my committee that ity has declined and it is now necessary sons. this provision would not violate our for companies to move further and fur- First, the conference report explic- GATT obligations. As made clear in ther offshore into water depths pre- itly negates the short supply regula- the statement of managers, the con- viously thought to be prohibitive, both tions and the statutory authority un- ferees concur with the administration’s economically and technologically. derlying them as they relate to ANS view that this provision is fully con- I believe the deep water royalty pro- exports. Our intent was to clear away sistent with our international obliga- visions are necessary to stimulate OCS two decades of accumulated obstruc- tions. Moreover, it is supported by oil and gas production and reduce our tions to ANS exports. ample precedent, including in particu- reliance on foreign imports. I support Second, the conference report specifi- lar a comparable provision in the im- the deep water provisions and urge cally precludes the President from im- plementing legislation for the United adoption of the conference report on posing a volume limitation. In almost States-Canada Free Trade Agreement. these important provisions. every instance today, individual vali- The conference report also directs Mr. President, let me give a brief dated licenses on crude exports are nec- the Secretary of Commerce to issue outline of the legislation that is before essary because of the need to deal with any rules necessary to govern ANS ex- us, S. 395, title I, called the Alaska volume limitations, such as those im- ports within 30 days of the President’s Power Administration sale. Title I of S. 395 provides for the sale of the Alas- posed on exports of California heavy national interest determination. In ka Power Administration’s assets and crude oil or ANS crude to Canada. Fi- light of the overwhelming benefits to the termination of the Alaska Power nally, it is our intent that the market the Nation of ANS exports, the Sec- finally be given an opportunity to oper- Administration once the sale occurs. retary should promulgate any rules The sale of the Alaska Power Admin- ate. We do not want unnecessary paper- necessary contemporaneously with the istration has been a bipartisan effort work to impede proper functioning of President’s national interest deter- on the part of both the House and the the market. mination. Senate and the culmination of the ef- We understand that some informa- Title III of the bill would provide forts of three administrations. It has tion is needed to monitor exports. We royalty relief for leases on Outer Con- been some time in the process. It was have looked at the model for exports of tinental Shelf tracts in deep water in initiated during the Reagan adminis- refined petroleum products as a guide. certain areas of the Gulf of Mexico. tration, it was signed during the Bush Refined petroleum product exporters Deep water royalty is an issue I have administration, and the implementing submit export declarations to the U.S. been working on with the ranking legislation which is contained in this Customs Service at the time or after member of the Energy Committee for bill was proposed by the current ad- they export. The Department of Com- some time. ministration. merce compiles this information for I support measures to stimulate oil On September 29 of this year, the De- trade statistics purposes. Similarly, ex- and gas exploration and production on partment of Energy, Secretary porters of ANS crude under a general the Outer Continental Shelf [OCS] and O’Leary, wrote in support of this legis- license would routinely file export dec- the deep water royalty provisions in S. lation, and on October 10 of this year, larations contemporaneously or after 395 would be an important step in stim- the Edison Electric Institute wrote in the time of export. These filings will ulating energy exploration and devel- support of the legislation on behalf of provide any information needed for opment and reducing our reliance on the investor-owned electric utility in- monitoring ANS crude exports. foreign oil. dustry. In view of the anticipated substantial A report released earlier this year by Mr. President, this organization, benefits to the nation of ANS exports, the Commerce Department suggests known as the Alaska Power Adminis- the President should make his national that our national security is at risk be- tration, is really unique among the interest determination as promptly as cause we now import more than 50 per- Federal marketing administrations. possible. Moreover, given the exhaus- cent of our domestic petroleum re- First of all, unlike the other Federal tive DOE study and the long time that quirements. Department of Energy power marketing administrations, the has been available since the bill [DOE] figures predict that crude oil im- Alaska Power Administration owns its cleared the Senate to study any poten- ports will hit 65 percent in the year power generating facilities. These are tial adverse environmental effects, we 2000, and by the year 2005 we will be im- two hydroelectric projects, one in An- believe the President should soon have porting over two-thirds—68 percent chorage and another near Juneau. at hand the necessary information to —of our crude oil. They are approximately 600 to 700 promptly make the necessary affirma- The OCS is an invaluable oil and nat- miles apart. tive determination. Because any delay ural gas resource and a prolific source Second, the single-purpose hydro- will only delay the benefits the Nation of revenue to the U.S. Treasury, having electric projects were not built as a re- will reap through exports, we hope the generated more than $100 billion in rev- sult of water resource management President will act as quickly as may be enues over the years. The OCS could plans. Instead, they were built to pro- practicable. play a major role in reducing the mote economic development and the As many Members of this body know, amount of dollars we send overseas to establishment of essential industries there has long been concern in the do- import oil and natural gas. In 1993, our within the areas that they serve. mestic maritime community that lift- energy deficit was $46 billion—roughly Third, the Alaska Power Administra- ing the ban would force the scrapping 40 percent of the total U.S. merchan- tion operates entirely within one of the independent tanker fleet and dise trade deficit of $116 billion. State. These services do not cross would destroy employment opportuni- OCS production from deep water State lines. And because of the dis- ties for merchant mariners. There can areas could help improve energy secu- tance between the two areas; namely, S 17022 CONGRESSIONAL RECORD — SENATE November 14, 1995 Anchorage and Juneau, there is no op- The August 7, 1991, purchase agree- It no longer makes economic sense to portunity for an intertie. These facili- ment states in part, handle the oil that many times and ties are separate and distinct. The National Marine Fisheries Service and transport it the long distance. That is Furthermore, the Alaska Power Ad- U.S. Fish and Wildlife Services in the State the oil that will be available for export. ministration was never intended to re- agree that the following mechanisms to pro- Let me elaborate a little more on main indefinitely under Government tect and implement measures to protect and this because there has been concern ex- control. This is specifically recognized mitigate damages to and enhance fish and pressed in this body, and by others, as wildlife, including related spotting grounds in the Eklutna project authorization and habitat, obviate the need for Eklutna to the merits of why we would attempt legislation. purchasers to obtain FERC licensing. to increase development of oil on the Fifth, the sale terms of the Alaska Further, the Alaska Power Adminis- west coast of the United States and Power Administration that were spe- tration has some 34 people located cur- Alaska, from the standpoint of explo- cifically negotiated between the Fed- rently in Alaska. The purchasers of the ration, at the same time we are author- eral Government and the purchasers two projects have pledged to hire as izing the export of Alaskan oil that are memorialized in the purchase con- many of these individuals as possible. previously has been precluded from ex- tract. For those who do not receive offers of port. So for those who might be concerned Again, let me ask the Chair to visual- employment, the Department of En- that this sets precedent, Mr. President, ize the circumstances. The oil that is ergy has pledged that it will offer other for PMA’s, this is clearly not the case, produced from Alaska initially was 2 employment. 1 as it is applied to the Alaska Power Let me return at this time briefly to million barrels a day—now 1 ⁄2 million Administration. title II, known as the Alaska North barrels a day—moves down the west Now, as I have indicated, these two Slope crude oil exports. Title II of Sen- coast and is dropped off at Puget hydroelectric projects in Anchorage ate bill 395 would allow the exports of Sound, or San Francisco Bay, or the and Juneau are known as Snettisham Alaska North Slope crude oil, limited Los Angeles area for their refineries to in Juneau and Eklutna in Anchorage. to U.S.-flag and U.S. crude vessels. refine that oil. There is some excess. Snettisham is a 78-megawatt project The export restrictions were first en- That excess, for the last 17 to 18 years, located about 45 miles south of Juneau. acted shortly after the commencement has been going down to Panama. It has been in Juneau, which is the cap- of the 1973 Arab-Israeli war and the In Panama, there is a pipeline across ital city’s main power source, since first Arab oil boycott. Following the the isthmus, and that excess oil is un- 1975, accounting for approximately 80 second major oil shock in 1979, Con- loaded off United States-flag vessels percent of the electric supply utiliza- gress effectively imposed a ban on ex- from Valdez, AK, moving through the tion in that area. Eklutna is a smaller ports. Much has changed since then. pipeline across the Isthmus of Panama plant, a 30-megawatt project, located 34 Last year, for the first time, imports and then is required to be reloaded on miles northeast of Anchorage. It has met more than half of our domestic a smaller United States tanker and served that area since 1955, accounting consumption because domestic con- taken into the gulf ports of Galveston for about 5 percent of the electric sup- sumption production has drastically and other areas, where the oil is re- ply in the Anchorage area. declined. fined. The Alaska Power Administration’s By precluding the market from oper- Because of the double handling, it is assets will be sold pursuant to the 1989 ating normally, the export ban has had no longer economic to take that oil in purchase agreement between the De- the unintended effect of discouraging that rather cumbersome process. This partment of Energy and the pur- further energy production. is the oil that we would anticipate that chasers. Snettisham will be sold to the With this market disorientation would be marketed into primarily the State of Alaska. Eklutna will be sold eliminated, producers will make sub- Pacific rim ports. And one has to con- jointly to the municipality of Anchor- stantial investments in California and sider the merits of taking oil that is age, the Chugach Electric Association, other areas that would lead to addi- excess to the west coast and transport- and the Matanuska Electric Associa- tional production on shore. ing it over the Pacific, across the Pa- tion. Every barrel of additional oil pro- cific to Japan, Korea, and Taiwan, in The sales price is determined by cal- duced in California and on the North United States-flag vessels with United culating the net present value to the Slope is one less that would have to be States crews, when indeed that oil can remaining debt service payments that imported from the Middle East or any- be imported into those countries, the the Treasury would receive if the Fed- where else in the world, where cur- Mideast or whatever, in foreign-flag eral Government had retained owner- rently our imports are about 51 percent vessels. ship of the two projects. It is antici- of our total consumption. So I want to put to rest the thought pated that the sale proceeds will be in Some Senators have expressed con- that there would be any significant the area of $85 million. Actual sales cern that lifting the ANS export oil amount of oil moved that would be det- price will vary with the interest rate at ban would jeopardize the supply of U.S. rimental to the concentration of where the time of purchase. crude on the west coast. It is impor- the oil is currently consumed; namely, I might add, the bill and separate for- tant to recognize that Washington and the West Coast of the United States. mal agreements provide for the full California are the closest and are natu- What we are really looking at is that protection of fish and wildlife on each ral markets for ANS crude because of oil that is excess to the west coast, of these hydroelectric projects. The the transportation distance. Washing- currently moving through the Panama purchaser, the State of Alaska, U.S. ton and California ports are the closest Canal at substantial costs, that it sim- Department of Commerce, National to Alaska, and the ANS crude will con- ply makes sense to move that oil to the Marine Fisheries Service, and U.S. De- tinue to be supplied to their refineries markets where that oil can be partment of the Interior have jointly because of the cost and proximity. consumed in a more economic, viable entered into a formal binding agree- Furthermore, the only major refinery manner. ment providing for post-sale protec- that previously opposed the lifting of So, Mr. President, the current prohi- tion, mitigation, and enhancement of the ban, Tosco, has a 5-year contract bition just does not make economic fish and wildlife resources affected by with one of the major oil companies to sense. For too long it has hurt the citi- the Eklutna and Snettisham projects. keep the refinery in Washington sup- zens of my State of Alaska. It has cer- S. 395 makes that agreement legally plied. There is still nearly 4 years to tainly damaged the California oil and enforceable. run on that contract. gas onshore industry and precluded As a result of this formal agreement, Further, the lifting of the oil export many of the small stripper wells from the Department of Energy, Department ban would relieve the pressure that producing in the market and from of the Interior, and the Department of forces some of the ANS crude oil down functioning normally and freely. Commerce all agree that the two hy- to Panama where it is unloaded and I might add, a recently released De- droelectric projects warrant exemption transported across Panama via pipeline partment of Energy report determined from FERC licensing under the Federal and then reloaded onto vessels to take that lifting the Alaska crude oil export Power Act. it into the gulf coast. ban would specifically: First, add as November 14, 1995 CONGRESSIONAL RECORD — SENATE S 17023 much as $180 million in tax revenue to second, waiver of the royalty on a fixed Major deep water development the U.S. Treasury by the year 2000; sec- volume of oil and gas based on the projects are funded with international ond, allow California to earn as much water depth of the lease. In addition, capital. Failure to invest in the Gulf of as $230 million during that same pe- this provision provides for royalty re- Mexico is a lost opportunity for the riod; third, increase U.S. employment lief to encourage production on exist- United States. Those dollars will not somewhere between 11,000 and 16,000 ing leases only if the Secretary of the move into other domestic development; jobs by 1995, and perhaps 25,000 jobs by Interior determines the leases would they will move to Asia, South America, the year 2000. not be drilled but for the relief. It only the Middle East, or the former Soviet Mr. JOHNSTON. Will the Senator affects leasing and development in oil Union. In 1985, the domestic producers yield? and gas producing areas of the central capable of developing projects of this Mr. MURKOWSKI. I am happy to and western Gulf of Mexico west of the magnitude were investing two-thirds of yield to the Senator. Alabama-Florida border. This provi- their exploration and production cap- Mr. JOHNSTON. I want to ask my sion does not in any way affect leasing ital in the United States. This figure colleague what the vote was in the en- or development off the coast of Florida has been on a steady downward trend, ergy committee on this bill, the Alaska or any other region of the Outer Con- currently only one-third of those dol- North Slope bill, when it came out? tinental Shelf, nor does it affect any lars are being invested in the United Mr. MURKOWSKI. If I can respond areas or leases subject to moratorium. States. Due to the high cost of develop- just very briefly, the energy commit- The Treasury will gain in two ways ment in deep waters, currently only 6 tee, Energy and Natural Resources from these leases that otherwise would percent of the leases sold are ever de- Committee, voted to support that. It never have been developed—from cur- veloped. The Department of the Inte- would take me a moment to look at rent tax revenues and from royalties rior projects this provision will more the exact vote, but it was overwhelm- once the waiver volume has been pro- than double production otherwise ex- ing in support. I want to acknowledge duced. This provision will generate pected to be brought on line. One deep that my good friend from Louisiana, substantial revenues over the next 5 water platform costs upward of $1 bil- who is the ranking member of that years as companies bid more for deep lion—this translates directly into jobs. committee, perhaps he has the exact water leases and risk investing in According to the Bureau of Labor sta- figure available to him. leases that are currently too marginal tistics each $1 billion invested in the Mr. JOHNSTON. My recollection was to even consider. The revenues received oil and gas extraction industry gen- that it came out without opposition. I by the Treasury for oil and gas leases erates 20,000 new jobs. do not recall precisely. are the combination of bonus bids re- This provision will improve our en- Mr. MURKOWSKI. The Senator from ceived at the time of lease sales and ergy security situation, create jobs, Louisiana is almost correct. Since this royalties paid in the event a lease is and benefit the Treasury. is government business, it is close developed and brought into production. Mr. MURKOWSKI. I add, from the enough for government work, but it Since the Federal leasing system began standpoint of the ranking member, in 1954, $56 billion in bonus payments was 17 to 4. Senator JOHNSTON, his position has al- Mr. JOHNSTON. What was the posi- have been generated versus $47 billion ways been in support of this legislation tion of the administration on this bill? in royalty revenues. In other words, we covering all aspects of title I, title II, Mr. MURKOWSKI. As I indicated in have received more money from pro- and I have not mentioned title III, but my remarks earlier, the administration ducers paying for the option to produce that is the deep-water royalty, which I does support the bill. The Secretary of leases than from actual production know the Senator from Louisiana sup- Energy supports the bill, and I know of royalties. This is especially true in ports as well. no opposition within the administra- deep waters where only one out of 16 May I take this opportunity to thank tion to the bill. leases ever produce and pay royalties. him and his colleagues on the Energy Mr. JOHNSTON. When the bill came The Congressional Budget Office Committee for their continued support. up on the floor here for a vote, does the [CBO] estimated the Outer Continental Senator recall that was cleared on the Shelf Deep Water Royalty Relief Act, Let me just very briefly conclude a hotline and passed on a voice vote? Am introduced in the Senate as S. 158, couple points on title II and a few re- I correct on that? would generate additional revenues of marks very briefly on title III. Mr. MURKOWSKI. If my memory $100 million over 5 years. The Minerals I was recounting the Department of serves me correct, it was voted on and Management Service [MMS] of the De- Energy report determining that the it passed. I think we had about 70 partment of Interior has estimated lifting of the Alaska crude oil ban votes, but I have to defer to the record. that bonus bids would increase by $485 would accomplish some specific objec- Mr. JOHNSTON. I stand corrected. I million over 5 years as a direct result tives and inject an economic impact of am advised it was 74 yeas and 25 nays. of enactment of this legislation. In par- substance. First was to add as much as Mr. MURKOWSKI. And if I may cor- ticular, MMS stated that the leases $180 million in tax revenue to the U.S. rect the record in response to the Sen- sold over the next 5 years ‘‘could be ex- Treasury by the year 2000; second, to ator from Louisiana, the vote in ques- pected to rise by 150 percent, with allow California to earn as much as tion in the Energy Committee was 14 higher percentage increases at greater $230 million in the same period; third, to 4. water depths.’’ increase U.S. employment by 11,000 to Mr. JOHNSTON. It was 14 to 4. I It is essential that the United States 16,000 jobs by 1995, and up to 25,000 by thank the Senator. remedy this inane policy of chronic re- the year 2000; preserve as many as 3,300 Mr. President, I would like to offer liance on oil imports when we can more maritime jobs; increase American oil my strong support and endorsement of effectively develop our domestic re- production by as much as 110,000 bar- the conference report on S. 395, the sources in areas such as the central rels a day by the year 2000; add 200 to Alaska Power Administration sale and and western gulf. The United States is 400 million barrels of Alaska oil re- exports of Alaskan North Slope oil. currently importing 50 percent of its serves. This legislation is supported by the oil at a cost of over $50 billion per year. Another point I think deserves men- President, was passed with an over- By the year 2010, the Department of tioning is some Members have ex- whelming margin by the House last Energy predicts imports will have risen pressed concern that gas prices might week and should be passed with a simi- to 60 percent of consumption. In Feb- go up on the west coast if export of lar margin in the Senate. ruary of this year, the President an- ANS oil is authorized. That is a legiti- Title III of S. 395 is the Outer Con- nounced that the current level of oil mate concern, but it is simply not the tinental Shelf [OCS] Deep Water Roy- imports ‘‘threaten[s] the Nation’s secu- case. The Department of Energy stud- alty Relief Act. This provision is rity because they increase U.S. vulner- ied this issue and concluded that cus- straightforward. For the next 5 years, ability to oil supply disruptions.’’ tomers and consumers would not see a deep water leases will be offered for Some 4.2 million of the 8 million bar- discernible increase at the gas pump. sale under the following terms: First, rels per day of oil imports are from Another concern you might hear payment of an upfront bonus bid, and OPEC countries. today is that the crude oil exports will S 17024 CONGRESSIONAL RECORD — SENATE November 14, 1995 create some increased hazards, includ- tion in deep-water areas in excess of The yeas and nays were ordered. ing increased chances of oil spills. I this 2,000 to 3,000 feet, but the cost Mr. MURKOWSKI. I thank the Chair. think that needs some definitive iden- would be tremendous, Mr. President. Mrs. MURRAY. Mr. President, I yield tification. The Department of Energy Stimulus is needed to recover oil re- myself 10 minutes at this time. carefully studied this issue and found sources believed to lie in the deep- The PRESIDING OFFICER. The Sen- that exports of Alaskan oil will actu- water areas of the central and western ator is recognized. ally decrease—decrease, Mr. Presi- Gulf of Mexico. It would not cost the Mrs. MURRAY. Mr. President, I dent—tanker traffic in the U.S. waters. American taxpayer a cent, but would stand here today concerned, anxious, Furthermore, any tankers exporting cause oil to be produced that otherwise and worried. Along with all Americans, ANS oil exported from Alaska will pro- would remain in the ground without we have nervously waited as this budg- ceed over 200 miles off the coast of this relief. et impasse puts every citizen in a pre- Alaska—over 200 miles offshore—while This legislation is necessary as a con- carious situation. It seems incredible to me on a day proceeding overseas. In other words, sequence of the recent Commerce De- where the Government is shut down the oil has all been moving off the partment report indicating the United and the budget is in crisis we are on coast of Alaska, off the coast of British States is importing now more than half the floor of the Senate debating a Columbia and the Queen Charlotte Is- of its domestic crude oil needs, and this major giveaway to foreign oil compa- lands, off the coast of Washington, Or- presents a potential threat to our na- nies. I must say that I am deeply con- egon, and California. tional security. cerned that in the midst of a national That will not be the case with that Further, the Department of Energy catastrophe we may pass legislation portion of the oil that will be exported. figures predict the crude oil imports that begins another national crisis. It will move in larger vessels, hence re- will hit some 65 percent by the year I know that not all of my colleagues ducing the number of vessels, and it 2000, and by the year 2005 we could be understand the ramifications of S. 395. will move across the ocean as com- exporting more than two-thirds or 68 I realize that many feel this is an Alas- pared to moving parallel to our west percent of our crude oil. Two-thirds of kan issue and, because of that, some coast of the United States and Canada. our crude oil would be imported in less have questioned my intense interest in There are other concerns that export- than 10 years. this issue. For nearly 2 days this past ing oil will decrease work for U.S. ship- The OCS is an invaluable oil and nat- spring I held the Senate floor express- yards. However, I think it will have the ural gas resource and prolific source of ing my dissatisfaction with this bill. I reverse effect. Most tankers in the revenue to the U.S. Treasury which has often stood alone. But in the end sev- trade will stay in the U.S. trade and generated historically more than $100 eral of my colleagues came forward to therefore be repaired in U.S. yards. billion in revenues. The OCS could play express concerns of their own. All of If Alaska crude oil production con- a major role in reducing the amount of the arguments raised on each side of tinues to decline in part because of the dollars spent overseas to import oil and this issue are, unfortunately, based on depressed prices caused by the export natural gas. We import dollars and ex- assumptions, and that remains the ban, why, then, there would be less port our jobs, Mr. President. In 1993, it crux of our problem in this debate. tankers in service to put in and avail- was important to note the energy defi- Those in favor of exporting Alaskan able for repair. cit ran as high as $46 billion, roughly 40 North Slope oil say it will increase pro- One should remember that any U.S.- percent of the total U.S. merchandise duction, promote jobs, and raise reve- flagged tanker that is repaired in a for- trade deficit of $116 billion. nues for the State of Alaska. These are eign yard is subject to a 50-percent fee If we look at our trade deficit, Mr. positive possibilities that certainly that is paid to the Federal Government President, half of it primarily with our help my neighboring State of Alaska, as a penalty for repair in those foreign trade inequity with Japan and the and if the impact of exporting that oil yards. Clearly, there is enough opposi- other half is imported oil. OCS produc- stops within Alaska’s boundaries, I tion and enough economic detraction tion for deep-water areas could help would have wholeheartedly accepted to ensure that those tankers will not improve energy security, reduce the this legislation and would have wished be repaired in U.S. yards. deficit and balance of payments, create my neighbor success. However, that ad- Finally, of course, what we are doing jobs, stimulate demand for related ditional income for a few of our citi- is ensuring that more vessels will be goods and services, and provide needed zens must be weighed by a body employed in the trade because what we revenue through bonus bids, royalty, charged with addressing the concerns are doing is moving some of this oil— ripple effects, and so forth. of an entire nation. not very much, but some of it—further. Mr. President, I might add again that After 8 months of intense scrutiny of If you move it further, it takes more President Clinton has indicated that he this issue, I am still convinced that the time. It takes more time, you need will sign this legislation, and I know exporting of American oil can only more ships. there are concerns that were concerns lead to job losses, price increases, a de- So it is anticipated more steps would expressed by my good friend, the junior pendence on foreign oil, and great envi- be taken on a lay up with U.S. crews. Senator from Washington, relative to ronmental risks. So we are putting U.S. sailors to work ensuring adequate safeguards be imple- I know that my colleagues from Alas- in the international trade. mented in regard to tankers in Puget ka can show stunning charts that pre- Finally, title III, which is part of the Sound. I am sure she is prepared to dict differently. However, these are Senate bill, is entitled ‘‘deep-water speak on that. merely predictions. We do not know OCS royalty relief.’’ I know my good I know my colleague, the senior Sen- that tankers heading to Asia with friend from Louisiana has worked very ator from Oregon, is concerned about Alaskan oil will not stay in Asia for hard, and his colleagues, to ensure that the effect that this activity would have ship repair. This means 5,000 jobs with- we had adequate support in both the on his shipyard on the Columbia River. in our region and $160 million in annual Senate and the House on this portion. So I am sure that we will have some employment income—more than half of It is in the energy security interests of debate on the Senate bill, and I look the marine industry’s west coast em- our Nation to do so. forward to that. ployment. It would encourage oil and gas explo- At this time, Mr. President, I ask for We do not know that Alaskan oil, ration and production in the deep wa- the yeas and nays on the conference re- once bound for independent refineries ters of the western and central Gulf of port, and ask how much time I have within Puget Sound will now steer for Mexico. It would offer the incentive to taken on my hour. Far-Eastern markets throwing 2,000 re- drill in deep-water areas defined as The PRESIDING OFFICER. The Sen- finery workers out on the streets. We those being in water depths greater ator has 36 minutes 40 seconds remain- do not know that exports of our oil will than roughly 200 meters, or 600 feet, by ing. not lead to price increases at the pump exempting increasingly larger amounts The yeas and nays have been re- for our citizens. of new production as water depths in- quested. And perhaps most importantly to me crease. With modern technology, we Is there a sufficient second? and the millions of residents of Wash- will be able to allow oil and gas extrac- There is a sufficient second. ington State that live, play, and work November 14, 1995 CONGRESSIONAL RECORD — SENATE S 17025 along the beautiful waters of Puget Sadly, we may not know the answers Mr. MURKOWSKI addressed the Sound and the Strait of Juan de Fuca, to all of these questions until oil is ex- Chair. we have no guarantee that exporting ported, foreign tankers are moving The PRESIDING OFFICER. The Sen- U.S. oil will not lead to increased oil through our waters and we experience ator from Alaska. imports on environmentally risky, for- a major oilspill. None of us, particu- Mr. MURKOWSKI. I thank the Chair. eign ships. The Coast Guard rates as larly my colleagues from Alaska, ever I believe my senior colleague from high risk one half of the current for- want to relive the Valdez situation. Alaska would like time on this bill. I eign tanker fleet that carries crude None of us want oil on our hands under yield 15 minutes. through Puget Sound. our watch. When and where it will hap- The PRESIDING OFFICER. The Sen- This is why I have stood for so long. pen remains the paramount question. I ator is recognized for 15 minutes. I have remained stubborn and angered only hope that all in this body can Mr. STEVENS. Mr. President, let me some of my colleagues for concerns head home at night knowing that we ask the Senator from Massachusetts. Is that I truly believe outweigh the bene- did all within our power to decrease he going to make a statement on this? fits garnered by a single State. that risk. The White House has com- Does the Senator from Massachusetts I was able to include several amend- mitted to me that they will proactively seek time on this bill, or another mat- ments that I thought would attempt to seek out these risks, even before the 15- ter? address these concerns. Knowing that a month study expires. They are pre- Mr. KERRY. Mr. President, the Sen- Senate cloture vote was impossible, I pared to conduct hearings in the State ator sought time on the bill but not relented on this legislation with the as- that address these issues and will enter speaking specifically to the subject surance that my amendments would be into the RECORD a letter from the matter. included. These amendments included White House stating these actions. I Mr. STEVENS. I thank the Senator. a thorough GAO study that examines appreciate that commitment and hope Mr. President, in February, Senator job, price, and environmental changes I can count on the Alaskan leadership MURKOWSKI and I introduced this bill, before oil exports may begin. I was also to do all that they can to meet these the Alaska Power Administration Sale able to include language that man- environmental concerns before exports Act. There are several bills put to- dated an escort vessel, dedicated at the begin. gether here. I am very pleased to be entry to Washington State waters and I realize that I can stand again for 2 here today to congratulate Senator available 24 hours a day to assist tank- days or 2 weeks and try to delay this MURKOWSKI and to speak in support of ers that have run adrift. legislation. However, I am a realist this conference report. The House has For the first time, we had created who knows that this legislation could agreed to this bill, and the President legislation that proactively fought oil- be attached to reconciliation without said that he would sign it. I urge the spills. This amendment would have pre- amendments, and I understand that the Members of the Senate to support the vented the spill before it occurred rath- votes to stop these exports that were conference report. er than focusing on the millions spent there for decades have now been re- For Senators not familiar with the on cleanup of these spills once the versed. I only ask my colleagues to try Alaska Power Administration, I would damage is done. to understand some of the logic that like to point out that Congress author- Unfortunately, even this was too has motivated the debate to export oil. ized the Eklutna and Snettisham hy- much for House conferees concerned It is truly in our national interest to droelectric projects in 1950 and in 1962, more with overmanagement of the produce our own oil, and if we agree respectively. Those were to encourage Coast Guard rather than the protection that the North Slope of Alaska has a fi- and promote economic development of our fragile coast. The current lan- nite amount of oil left, why must we and to foster establishment of essential guage adopted by the House mandates send our oil overseas and more quickly industry in Alaska. The projects have a 15-month plan that would implement dry up our own wells? There are cer- provided, at moderate prices, substan- a private-sector tug-of-opportunity tainly projected increases, but to tial amounts of hydroelectric energy system. This system utilizes current whose benefit?—executives of British for marketing in our area. There are no vessels already in operation, coordi- Petroleum and car owners in Tokyo. other proposed Federal projects in nated to provide timely emergency re- Further, it will only lead us closer Alaska. sponse to vessels in distress. It also di- and much more quickly to the opening As Alaska’s economy has grown, the rects the Coast Guard commandant to of ANWR. More U.S. oil can be ex- relative importance of the Federal work with the Canadian Government in pected to be exported, and will again power program in Alaska has de- implementing this plan and making pit profits of international interests creased. This is a bill that is long over- available Coast Guard equipment for against environmental concerns. due. The idea to privatize the Alaska purposes of response. I ask everyone to consider the impli- Power Administration is not new. Dur- I am pleased that this language in- cations of exporting our oil: the policy ing the Nixon administration, I intro- corporates the private industry. I ap- implications, job risks, price concerns, duced the bill that proposed to sell the plaud the proactive segments of this and environmental risks. If you truly Federal energy project in Alaska, and community who came forward to seek believe that these questions pale in in the last 20 years, during three ad- a compromised solution. Our intent comparison to the profits of a very few, ministrations, there have been 14 dif- was never to tax cargo and grain ship- then support 395. Otherwise, vote with ferent studies of whether or not this pers, but to impose a fee on those who a clear conscience that errs on the side APA, as we call it, should be stand to gain millions from these oil of people and the world we are en- privatized. exports—the oil companies themselves. trusted to protect. I urge my col- Today, more than 90 percent of the This new amendment does clarify that leagues to vote against this conference State’s electric power needs are pro- U.S. shippers will not be taxed and report. vided by non-Federal power plants. their continued desire to meet these Again, Mr. President, I must say that Federal operations such as the Alaska environmental concerns is commend- it does seem very disconcerting to me Power Administration can be managed able. when my office phones are ringing off more efficiently by non-Federal public I still feel this language does not go the hook with my constituents who are or private entities. The State of Alaska far enough, though. I am concerned saying this Government is shut down, and the local electric utilities which that without a dedicated vessel at one it is hurting me, and it is hurting our have entered into formal agreements to location, the availability of an operat- country. It is not the right direction purchase these projects are capable of ing tug may put them out of reach of that we are standing in front of this planning, building, and managing our the distressed vessel. I am also con- body debating a bill that will benefit State’s power facilities in a manner cerned that once that tug reaches the an oil company, a special interest. that is consistent with our future en- distressed tanker, it may not have the Several Senators addressed the ergy needs. capability to tow that large vessel, or Chair. We are concerned about the people in the least hold it from running The PRESIDING OFFICER. Who who work for the Alaska Power Admin- aground. yields time? istration, and we should be. Today, S 17026 CONGRESSIONAL RECORD — SENATE November 14, 1995 there are 34 people who still work in In 1994, for the first time in history, uable commodity as oil. This bill re- the Federal Government for the APA. more than half of the oil used in the quires that Alaskan oil exports be car- The project purchasers have pledged to United States was imported at a cost of ried in U.S.-flag vessels. The only ex- hire as many of these employees as over $50 billion a year. By the year ceptions are exports to Israel under a possible, and the Department of Energy 2010, we will be importing over 60 per- bilateral treaty and to others under has pledged that it will offer employ- cent of our oil needs but part of the the international emergency oil shar- ment to any Alaska Power Administra- reason is the reason for this legislation ing plan of the International Energy tion employee who does not receive of- itself. We have in our increased reli- Agency. fers, although the Department jobs are ance on foreign oil brought about the Finally, as I have said before, the probably going to be in what we call situation where it is not profitable to prohibition on the export of Alaskan the lower 48 States. drill and produce new discoveries in North Slope crude oil is unfair. Alaska The sales of Eklutna and Snettisham our own country. We are importing is the only State prohibited from ex- are expected to generate Federal pro- over half of our Nation’s oil not be- porting its most marketable product. ceeds now of about $73 million. That is cause consumption is rising but be- Mr. President, thank you for the op- nearly a total recovery of the original cause domestic production is declining portunity to speak in support of this investment in these projects, and there so significantly and this legislation legislation. I urge my colleagues to have been payments made over the pe- will provide the incentive to domestic support it. riod of their use. producers to correct that situation. I do again congratulate the chairman The sale and termination of the Alas- Currently, most North Slope crude of the Energy Committee, my good ka Power Administration now is sup- oil is delivered to the west coast, espe- friend and colleague, Senator MURKOW- ported by each of the Alaska Power Ad- cially California, on U.S.-flag vessels. SKI, for his persistence, and I thank ministration’s utility customers, the The existence of a single market for him for the opportunity to speak in municipalities of Juneau and Anchor- Alaskan oil drastically reduces the support of this conference report. I age, Alaska’s Governor, and the admin- value of the oil and creates an artifi- urge my colleagues to support it. istration here in Washington. cial surplus on the west coast. This de- If I have any further time, I yield it I do support that portion of this con- presses the production and develop- back. ference report and urge the Senate to ment of both North Slope crude and The PRESIDING OFFICER. Who approve the report that recommends the heavy crude produced by small yields time? the privatization of the APA. independent producers in California. Mrs. MURRAY addressed the Chair. Let me now just mention briefly title As existing oil fields become de- The PRESIDING OFFICER. The Sen- II, which is the Trans-Alaska Pipeline pleted, the domestic oil industry must ator from Washington. Authorization Act amendment, which find new sources of oil and new tech- Mrs. MURRAY. I did want to enter will permit the export of Alaska’s nologies of production if they are going into the RECORD a statement from the North Slope crude oil carried in U.S.- to stay in business. But they don’t White House at this point stating their flag vessels. have the incentive. plans to evaluate the environmental This legislation will create jobs and In June 1994, the Department of En- problems including holding field hear- economic wealth around the Nation ergy issued a comprehensive report as ings in my State. Ironically, due to the and increase oil production in Alaska part of the administration’s ‘‘Domestic Government shutdown, the Council of and in California. It will ensure the Natural Gas and Oil Initiative.’’ The Economic Advisers and other White survival of an independent U.S. tanker Department concluded in this report House staff working on that letter had fleet manned by U.S. crews, a critical that the export ban is an artificial sub- to go home at noon today, so I will component I believe of our national se- sidy that has depressed the price that have to submit it when I get it. I guess curity. west coast refiners pay for crude oil. A irony goes to show it is extremely in- This legislation eliminates the dis- key conclusion of the report is that the credible to me that we are continuing crimination that has persisted exclu- national economic and energy benefits to talk about this bill at a time when sively against our State of Alaska for of permitting export of Alaska North our budget is in crisis. over 20 years, and the citizens of Alas- Slipe crude oil would be significant. It I yield to my colleague from Massa- ka have waited for this day. They have would create new jobs, stimulate on- chusetts 5 minutes. waited too long. shore production, and increase State The PRESIDING OFFICER. The Sen- For those who may have forgotten, and Federal revenues. ator from Massachusetts is recognized who were not around then, the first ex- Oil production-related employment for 5 minutes. port restrictions of Alaska North Slope would increase by up to 25,000 jobs na- Mr. KERRY. I thank the Chair. I crude oil were enacted after com- tionally by the end of the decade; many thank the Senator from Washington. mencement of the 1973 Arab-Israeli War would be in California oil production. SHUTDOWN OF THE GOVERNMENT and the first Arab boycott. Many be- The export of Alaskan oil would Mr. President, I had hoped to have lieved that enactment of these restric- boost production in Alaska and Califor- time later today to talk about the situ- tions would enhance our national secu- nia by 100,000 to 110,000 barrels per day ation we find ourselves in with respect rity. Congress effectively banned ex- by the end of the century. to the budget and the so-called shut- port of Alaska crude oil in 1979, follow- Federal receipts would total between down of Government. Regrettably, we ing a second major oil shock. But times $99 and $180 million in 1992 dollars. hear that the majority leader is going have changed, and I have argued for a Alaska and California would also to, at least it appears, put the Senate long time that the ban itself was and is gain. Alaska would gain $700 million to into recess after the discussion on this unconstitutional. $1.6 billion in taxes and royalties, while bill. I think it would be unfortunate to We have discovered that the ban has California’s return would be as much as deprive the Senate of the debate it is had the unintended effect of actually $230 million. These are net gains. supposed to have on issues of great threatening our energy security by dis- The Department of Energy also found concern, and I hope it is not true that couraging further energy production that there would be no significant envi- the majority leader intends to recess and creating unfair hardships for the ronmental implications from the ex- the Senate as a way of silencing voices struggling oil industry, particularly in port of Alaskan oil. that want to talk about what is hap- the Southwest. Fundamentally, the ex- Mr. President, in addition to creating pening to this country. isting export restriction distorts the jobs and economic wealth for the Na- Mr. President, what we find ourselves crude oil markets in Alaska and the tion at little cost to the environment, in is a moment of entirely predictable, west coast. The ban has created a glut this legislation will go a long way to- crass, brazen, craven, basic political of oil on the west coast, and faced with ward helping to preserve our U.S. tank- trickery. glut-induced prices small independent er fleet. Congress has a compelling in- What we are living out at this mo- producers have been forced to abandon terest in preserving a fleet essential to ment is a simple choice by the Speaker wells, the so-called stripper wells, par- the Nation’s military security, espe- of the House to confront America, and ticularly in California. cially one which transports such a val- to confront the Senate, with either November 14, 1995 CONGRESSIONAL RECORD — SENATE S 17027 bowing to the will of one group of peo- ans, Supplemental Security Income, school Mrs. MURRAY. Mr. President, I yield ple, without the legislative process lunches, and summer jobs for youth—would 5 minutes to my colleague from North duly working its will, or suffering the not be touched; now, six of those seven are Dakota. consequences of a shutdown. That is under the knife. The PRESIDING OFFICER. The Sen- what has happened. It is fundamentally So, Mr. President, what we have here ator from North Dakota is recognized a form of blackmail. It is a hard term. is a fundamental confrontation with for 5 minutes. It is a tough term. But that is exactly fairness, a fundamental confrontation Mr. DORGAN. Mr. President, it is my what is happening. It is either, you ac- with how we should do our legislative hope that later today we will have an cept our way or everybody is going to business. opportunity to have a discussion with We Democrats are prepared to vote pay a big price. Either you buy on to our colleagues on the other side of the for a temporary extension immediately those things, which we are not able to aisle about the issues that have and are prepared to negotiate a fair pass through the normal legislative brought us to this point. I must say budget. But NEWT GINGRICH and his process, or we’re willing to shut the that I think today describes for all the soul mates want to come down here Government down. American people why it is important, and say, ‘‘Oh, no, no, no, no, that is not Now, our colleague from North Da- even in the Contract With America, to good enough. You’re going to have to kota shared with us earlier this morn- understand what the fine print in the accept programs that we want to pass ing some very important statements contract really means. that we’re not able to pass through the that simply document what I have just We are starting now to discover that normal process. And if you don’t do said. If you do not want to believe the something that is high sounding and that, we’re willing to continue to keep partisan words of a Democrat, fine. But was put together through polls and the Government shut down.’’ focus groups that looked attractive to listen to what NEWT GINGRICH himself So, they have huge Medicare cuts in- the American people has some fine said. On April 3, in the Washington cluded in here. Times, NEWT GINGRICH vowed to ‘‘cre- Mr. President, I ask for 2 additional print that causes some dilemma. ate a titanic legislative standoff with minutes. My colleague just read an analysis of President Clinton by adding vetoed Mrs. MURRAY. I yield 2 additional this by David Gergen. David Gergen bills to must-pass legislation, increas- minutes. has worked in two Republican adminis- ing the national debt ceiling.’’ The PRESIDING OFFICER (Ms. trations: President Reagan and Presi- On April 3, again the Washington SNOWE). The Senator is recognized for 2 dent Bush. He also worked in the Clin- Times, Speaker GINGRICH boasted that additional minutes. ton administration. He described our the President ‘‘will veto a number of Mr. KERRY. Mr. President, here are circumstances this way: He said, ‘‘The things, and we’ll then put them all on these massive Medicare cuts, the larg- Republicans should get some credit for the debt ceiling. And then he’ll decide est ever in recent—I think ever in wanting to balance the budget.’’ I how big a crisis he wants.’’ American history, $270 billion, so you agree. So should Democrats. In 1993, On June 3, Speaker GINGRICH, in the can have a $245 billion tax cut. We have when we had a bill on the floor of the Rocky Mountain News, said, : had 1 day of hearings on the impact of Senate that cut $500 billion from the We’re going to go over the liberal Demo- those cuts, and yet we have had in the deficit and led us to a position from cratic part of the government and then say House 42 days of hearings on having a $270 billion yearly deficit to them: ‘We could last 60 days, 90 days, 120 Whitewater, Waco, and Ruby Ridge, down to a $160 billion yearly deficit, I days, five years, a century. There’s a lot of and in the Senate we have had about 48 voted for that. That was heavy lifting stuff we don’t care if it’s ever funded. days of hearings on Whitewater and because a lot of it was not very popu- What is the ‘‘stuff’’ they do not care Ruby Ridge. One day of hearings on lar. if it is ever funded? Well, evidently it is Medicare, which will affect millions of We did not get one Republican vote, money for veterans because $15 billion citizens, and day after day after day of not even by accident. You would think is going to be cut right after we just hearings on Whitewater and Ruby occasionally someone would make a marched around and celebrated Veter- Ridge. And now they are trying to ram mistake here and vote for something ans Day. Perhaps as many as 35 out of that through with increases in Medi- good. But we did not even get one Re- 172 hospitals will be shut over the next care payments on senior citizens by publican vote for that. We passed it 7 years; 5 in the next year. I have vet- holding the entire Government hos- with all Democratic votes. The fact is, erans all over my State saying to me, tage. the deficit substantially reduced from ‘‘What are you guys doing? Don’t you Mr. President, it just violates most $270 billion down to $160 billion. remember the contract, the real con- Americans’ sense of fairness. It vio- There is a lot of work left to do. I tract with America?’’ lates the tradition in this institution agree with that. And I think both par- Evidently, what they are willing to of legislating and of letting the votes ties ought to roll up their sleeves and shut down is education, making it fall where they may in trying to decide get it done. But David Gergen is abso- more expensive for kids to go to school, something. It really violates, I think, lutely correct when he describes the at the same time as they give people everybody’s sense of how we ought to problem with the Contract With Amer- earning more than $300,000 a tax break; do business here. I tell you, as you look ica and the imposition of this so-called a fundamental breach of fairness. around the country, this is a very dif- solution on the country at this point. Now, I am not the only one who feels ferent revolution from what most What he describes is this: He says that fundamental breach of fairness. Americans wanted. that a study that was developed last Let me read what one of their own, Most Americans voted for common week shows the lowest 20 percent of the David Gergen, wrote just yesterday in sense. We are prepared to balance the population would lose more income the U.S. News & World Report. The budget. We are prepared to try to do it from these spending cuts. The lowest 20 headline: ‘‘The GOP’s ‘Fairness Doc- in 7 years or whatever. We are prepared percent would essentially lose more in- trine’.’’ And what he says is: to do that, Mr. President. But we are come than the top 80 percent. And he U.S. News reported last week that internal not prepared to succumb to a kind of says the tax cuts—the top 20 percent studies by the executive branch estimate political blackmail that forces people will gain more from those tax cuts that the lowest 20 percent of the population to do things that are against the Con- than the entire bottom 80 percent. would lose more income under these spend- stitution of this country. And I hope Let me frame it a little differently. ing cuts than the rest of the population com- The priorities here are what is at odds. bined. At the other end, the highest 20 per- that in the hours ahead, we will get cent would gain more from the tax cuts than back to a levelheadedness, a reason- It is the disagreement; it is not the everyone else combined. ableness that is the higher standard of goal. All of us think we ought to bal- It goes on to say: how we should do business in the U.S. ance the budget. The question is how? My hometown has about 400 people. Let Ronald Reagan is often invoked as the pa- Senate. tron saint of this revolution. How soon we The PRESIDING OFFICER. Who us assume we had a town meeting in forget that as president, Reagan insisted yields time? my hometown in North Dakota and that seven key programs in the safety net— Mr. KERRY. I yield back, if there is said, ‘‘All of you take chairs.’’ So we Head Start, Medicare, Social Security, veter- any time. sat them all down. We sat them down. S 17028 CONGRESSIONAL RECORD — SENATE November 14, 1995 We say, ‘‘All right, those in here with Mr. DORGAN. Some were April. The Just too many of these things fit to- the least income, the 20 percent of you last one was September 22. gether. It indicates to me that this has with the least income, we would like Mr. HARKIN. The early one you been part of an overall plan for some you to stand up.’’ So 20 percent of the quoted was April? time. population with the lowest income in Mr. DORGAN. April 3. Mr. DORGAN. If I might say, this is my town stands up. And we say, ‘‘All Mr. HARKIN. So this is not a recent not a search for villains, it is a search right, we’ve got a deal for you. We have thing Speaker GINGRICH said. for solutions. This country has vexing all these spending cuts. You 20 percent Mr. DORGAN. No. The point of all problems, and we have to address the with the lowest income in our town, this is, this is not a train wreck that problems, but we do not solve problems you get 80 percent of the spending cuts. ought to surprise everybody. This is by deciding to create train wrecks. You are going to lose 80 percent of the the engineer of a locomotive who pre- I will say again, Speaker GINGRICH on income from these spending cuts.’’ dicted in April he is going to cause a November 8 said ‘‘he would force the Then we say, ‘‘All right, you sit down.’’ train wreck, boasted about it. I do not Government to miss interest and prin- Now, how about the 20 percent with think anybody ought to take great cipal payments for the first time ever the highest incomes in my hometown? credit for shutting down the Federal to force Democrat Clinton’s adminis- ‘‘Why don’t you all stand up?’’ And so Government, all because the priorities tration to agree to his’’ deficit reduc- the 20 percent with the highest in- are to say we would like to give the tion plan. That is November 8, Inves- comes in my hometown stand up, and poorest people in town all the spending tor’s Business Daily. The point is, this we say, ‘‘We’ve got a deal for you. cuts and the richest people in town all is not an accident. We’re going to give you 80 percent. You the tax breaks. In the Chaplain’s prayer this morn- 20 percent with the highest incomes, Mr. HARKIN. If the Senator will ing at the start of the Senate session, we’re going to give you 80 percent of yield, the Senator has made a very im- he talked about the need for people to the tax cut.’’ portant point here. This is something come together and to reason together. Does anybody think there is any rea- that has been planned for some That is the basis of 200 years of demo- sonable standard of fairness by which months. cratic Government. you could suggest that makes sense; The PRESIDING OFFICER. The Sen- We must find a compromise. We have the bottom 20 percent of the income ator’s time has expired. Who yields people of vastly different views in a earners take 80 percent of the spending time? representative democracy. How do you cuts and the top 20 percent of the in- Mrs. MURRAY. I yield my colleague resolve those? Over 200 years, you re- come earners take 80 percent of the tax from North Dakota 3 additional min- solve them by coming together and breaks? Well, that is what the Contract utes. reasoning and reaching a reasonable With America gives us. Mr. HARKIN. I think the Senator compromise. We come to a debate about priorities. from North Dakota is making a very The American people have a good It is a worthy debate to have. Some important point. I think a lot of people sense of what is fair, a good sense of say, ‘‘Let’s build star wars. Let’s buy are confused who think this has hap- what a good compromise ought to be. B–2 bombers. Let’s have more F–15’s pened over the last couple of days and What the American people have said and F–16’s than the Pentagon ordered it just sort of happened because things clearly in the last couple of months is and, by the way, even though we can did not work out right. they are worried about the extremes afford all that, let’s kick 55,000 kids off If I understand what the Senator here. People who never cared much Head Start. Let’s decide not to provide from North Dakota is saying, and read- about Medicare now pretend they want the kind of resources necessary to help ing the quotes of Speaker GINGRICH as to save it. They do not want to save it. low-income people stay warm in the long ago as April, this has sort of been The PRESIDING OFFICER. The Sen- winter. Let’s decide we have low-in- a plan to create this kind of train ator’s time has expired. Who yields come veterans with disabilities that wreck, and the Senator quoted Speaker time? are not going to get all they should GINGRICH saying this back in April. Mrs. MURRAY. Madam President, I get. Let’s decide to make it harder for I think the American people ought to yield 5 minutes to my colleague from middle-income families to send their understand that this is not something Massachusetts. kids to college.’’ that just happened; that because the The PRESIDING OFFICER. The Sen- Those are enormous differences in Speaker and his allies have not been ator from Massachusetts. priorities. The debate is about prior- able to get their work done in time—I Mr. KENNEDY. Madam President, I ities, not the goal, and the priorities will ask the Senator, is it not true that thank the Senator from Washington, are important. We do not come to this we did not filibuster, we did not stop and I join my colleagues in regretting point by accident, the point of a shut- these bills from going through? that it has been the decision of the ma- down. Mr. DORGAN. The Senator from Iowa jority leader not to permit those of us Last April, Speaker GINGRICH started is correct. In fact, only three appro- who want to be able to speak to the to boast about this. On April 3, he priations bills have been signed by the Senate and to talk with our colleagues vowed ‘‘to create a titanic legislative President because he has not gotten about the current crisis that is affect- standoff with President Clinton by add- the rest of them. The work was not ing so many families, not only here in ing vetoed bills to must-pass legisla- done on time. In fact, the reconcili- Washington but all across this Nation tion increasing the national debt ceil- ation bill is due on June 15. It is now 5 with all of the uncertainty it brings, to ing.’’ months later. It is scheduled to come try to at least address that issue and to I ask for 1 additional minute. to the floor later this week, but it is 5 try and find some common ground in The PRESIDING OFFICER. The Sen- months late. terms of how to avoid this current situ- ator’s time has expired. Mrs. MURRAY. I yield 1 minute. Mr. HARKIN. If the Senator will ation. Mr. DORGAN. He boasted that the yield further. Watching and observing I am grateful to the Senator from President ‘‘will veto a number of the flow of legislation through here Washington for letting me speak brief- things, and we’ll then put them all on during the spring and summer and how ly on the issue of where we are at this the debt ceiling. And then he’ll decide it was slowed down, we did not fili- time and what we must look at. how big a crisis he wants.’’ buster. Things just did not happen. Madam President, the fundamental Speaker GINGRICH says: ‘‘I don’t care Like in the Agriculture Committee, we issue that divides the Democrats and what the price is. I don’t care if we could not get our ag bill through. We Republicans is how to balance the have no executive offices and no bonds still do not have an ag bill this late in budget. Only a few moments ago, the for 30 days—not this time.’’ the year. Now it occurs to me perhaps President of the United States, in an Mr. HARKIN. Will the Senator yield? this was a design all along to create excellent address, restated his strong Mr. DORGAN. I will be happy to this impasse; to create an impasse so commitment to a balanced budget and yield. that we would have the kind of train challenged our Republican friends to Mr. HARKIN. What was the date of wreck that we are looking at here with work with him to try and achieve that those remarks? the shutting down of the Government. in a way that is going to be fair and November 14, 1995 CONGRESSIONAL RECORD — SENATE S 17029 where the issues of equity are going to it in 1996, because those are the issues miums, they are going to shut the Gov- be addressed. that are being addressed. And on each ernment down. It is reckless and wrong for the Re- and every one of those issues, the Re- Let me repeat that. The Republican publicans to effectively shut down the publican budget flunks every respon- leadership is saying that unless you let Federal Government because they can- sible test. The current Republican us put an additional tax on seniors of not get their way in balancing the strategy is a serious mistake. If they $130 per senior, per year for Medicare budget. The Democrats categorically want to enact priorities like this, they part B, we are going to shut the Gov- reject the Republican priorities that are going to have to elect a Republican ernment down. balance the budget on the backs of sen- President in 1996, and that is not going I do not know what they could pos- ior citizens, students, working fami- to happen. sibly be thinking about. The American lies, and the environment. In sum, the current shutdown of the people have said, very loudly and clear- I, too, was a candidate in 1994. When Federal Government is taking place, ly, that they do not want to cut Medi- I traveled around Massachusetts, my just as Speaker GINGRICH has been care. Our elderly are saying, look, we Republican opponents were not saying planning and boasting about all year. have enough bills to pay, and now you we are treating our elderly too well; we My colleague from Massachusetts and want us to pay more? It is $132 a year— think that their copays and deductibles my colleague from North Dakota have what a ransom; holding the elderly and premiums ought to go up; we think made that case here this afternoon. ransom to get their way, and shutting that we ought to tighten the belt on The shutdown is entirely unnecessary. down the Government. those who have contributed so much to We are at this point because the Re- Madam President, 50 percent of the making this a great country, who publicans, who control the Congress, elderly in the State of Iowa have an an- worked their way through the Great have passed only 4 of the 13 annual nual income of less than $12,000 a year. Depression and fought in the wars, that bills necessary to appropriate the funds Eighty percent of the elderly have an was never mentioned by my Republican to keep the Federal Government open income of less than $25,000 a year. Now opponent. for the coming year—only 4 of the 13 they are being told they have to pay an We have to tighten the belt on edu- annual bills. They have failed to meet additional $130 a year for Medicare part cation. Under this proposal, they are their responsibilities in this whole ap- B premiums. That is the rider that is cutting 40 percent of all the education propriations process. on the continuing resolution. programs—all the education pro- Those bills should have been passed The President of the United States grams—$36 billion in cuts over the next by October 1, 6 weeks ago. We are 6 has said, ‘‘You take that off and we 7 years under the Republican opposi- weeks into the new fiscal year, and the will negotiate.’’ He is right. That is tion, and about $30 billion in higher Republicans in Congress have not done nonnegotiable, especially on a continu- education. I did not travel around Mas- their job. ing resolution. If the Republicans want sachusetts and hear we are doing too The Government shutdown is part of to put it on legislation and pass it, as much in the education of handicapped a long-term strategy by the Speaker they try to do through the reconcili- children, or we are doing too much in and the radical Republicans in Con- ation process, that is fine. But to use a terms of feeding children, or we are gress to force President Clinton to ap- short-term resolution to keep the Gov- doing too much in taking down the dol- prove their extreme measures to de- ernment operating is really a cynical lar sign for the schools and colleges. stroy Medicare. Let it wither on the and a shameful act. We do not want signs on the schools vine, as GINGRICH said, cut education, It also really amazes me that Repub- and colleges of Massachusetts saying: limit the health and safety protections licans are willing to go after the sen- ‘‘Wealthy only need apply.’’ that have been built up over 30 years. iors to raise the money for Medicare In the course of that campaign, I did The Democratic plan is based on gen- before they go after waste, fraud and not hear Republicans use the argument uine American values and priorities. It abuse. This Senator offered an amend- that working families of this country is a plan to balance the budget fairly, ment on the reconciliation bill that that are making up to $28,000, $29,000 not at the expense of families and the would have saved billions of dollars by and have several children and are able environment, and it deserves to be cutting out waste, fraud, and abuse. It to have the EITC, have too much dis- passed by the Congress. would have provided, for the first time, posable income. We always hear on the Mrs. MURRAY. How much time is competitive bidding for durable medi- floor of the U.S. Senate, ‘‘Well, let’s left on both sides? cal equipment and medical supplies in give the money back to the individuals The PRESIDING OFFICER. The Sen- Medicare. who spend it. They can make a better ator has 29 minutes, 45 seconds, and the Madam President, I had one of my judgment about how to spend their Senator from Alaska has 27 minutes, 51 staff people go to several drugstores in money than the Federal Government.’’ seconds. Iowa to get the price of a bandage. The That seems to be a good enough rule Mrs. MURRAY. Does the Senator average price, retail, was 17 cents. The for the wealthy individuals in this from Alaska wish to take some time? same bandage cost the Veterans’ Ad- country but not for the working fami- Mr. MURKOWSKI. I would like to ministration 4 cents. That same ban- lies, those that are making up to continue to hold my time because sev- dage costs Medicare 86 cents. Why Med- $30,000 a year. This Republican budget eral Senators are coming. So I will icare 86 cents, and the Veterans’ Ad- is saying that they are going to have defer to the Democratic side. ministration 4 cents for the same ban- their taxes increased. No one was talk- Mrs. MURRAY. Madam President, I dage? Because the Veterans’ Adminis- ing about that in 1994 and no one was yield 5 minutes to the Senator from tration uses competitive bidding; Medi- talking about putting additional kinds Iowa. care does not. of pressures on the needy, particularly Mr. HARKIN. I thank the Senator. My amendment was simply to do the children. The belt is going to be To follow up on my colloquy with the what I thought most of my fellow Sen- tightened on the children of this coun- Senator from North Dakota, let me ators on the other side of the aisle try perhaps more severely than anyone just state that today the Republican speak so loudly about—‘‘free enter- else. leadership has put our country into an prise, capitalism, competitive bidding, No one was talking about our air was artificial crisis—an artificial crisis— that is the way to go.’’ Yet, every sin- too clean, our water was too pure, that which is a very cynical act, and I think gle Republican voted against my what we have to do is make way to a very shameful act. amendment to provide for competitive limit the kinds of regulations and pro- Let us make no mistake about what bidding. I do not know why because we tections on legislation that, by and is going on. The Republican leadership have it in the Veterans Administra- large, were signed by Republican Presi- is holding a gun to the head of the tion, and it works well. But, for some dents and worked through this Con- President and the whole Government, reason, we cannot apply it to Medicare. gress in bipartisan ways. saying that if they are not able to get My amendment would have provided No one was talking about those par- their way by cutting Medicare, by put- for better computers and software to ticular issues in 1994, but I can tell you ting an additional $130-a-year burden catch more fraud. But, no, we could not something, they will be talking about on our seniors, on their part B pre- do that. But we can tell the seniors to S 17030 CONGRESSIONAL RECORD — SENATE November 14, 1995 pay $130 more a month. But, no, we table, have a short-term CR. We can ous about a 10-year budget plan, he cannot have competitive bidding, you get together. flipped again and accepted a congres- see. I add one thing. I happen to sit on the sional timeframe of 7 years. Why is this so important, Madam Agriculture Committee. I picked up We are now hours away from having President? Last year, I asked the GAO the paper this morning and I found out a conference report on a balanced budg- to do an investigation on medical sup- the chairman of the Senate Agriculture et. Congressional leaders have invited plies, and here is what they found. Committee has announced that the the President to begin working with They took a sample of high dollar conferees have reached an agreement us. For 26 hours last week he was on claims that Medicare had paid, and on an agriculture bill, and this Senator the same plane with Speaker NEWT they went behind the bills to get an has never even been invited to one GINGRICH and Majority Leader DOLE. A itemized statement. This is going to meeting. What does that say for trying captive audience—no negotiation. shock you. I have stated it many times to work together? Madam President, 26 hours of prime on the floor, so maybe you know the The PRESIDING OFFICER. The time time and he did not use it. figures already. GAO found that 89 per- of the Senator has expired. Last Friday he told Congress to re- cent of the claims should have been to- Mrs. MURRAY. Madam President, main in session as he got into a Gov- tally or partially denied; 61 percent of how much time is remaining? ernment limousine and rode off to the the dollars spent by Medicare should The PRESIDING OFFICER. The Sen- golf course. No negotiation. never have been spent; 61 percent paid ator has 22 minutes. The fact of the matter is that Bill out wasted. Mr. MURKOWSKI. Is anyone seeking Clinton just is not serious about bal- What does that amount to? Well, last recognition? How much time would the ancing the budget. However, he is very year, Medicare was billed $6.8 billion Senator from North Carolina require? serious about improving his image. His for medical supplies—$6.8 billion. If you Mr. FAIRCLOTH. I request 10 min- campaign advisers tell him a balanced take 61 percent and say it should have utes. budget is popular with America’s vot- been paid out, you are talking about $4 Mr. MURKOWSKI. I yield 10 minutes ers and therefore he is trying des- billion a year. Just take 50 percent and to the Senator from North Carolina. perately to get on board. So he gives you are talking about $3 billion a year. BALANCED BUDGET LACKS PRESIDENTIAL press conferences and issues press re- But, no, no, we cannot go after that, COMMITMENT leases proclaiming his support for a you see. There are a lot of big, powerful Mr. FAIRCLOTH. Just a few minutes balanced budget. But there simply is medical supply companies in this coun- ago the President spoke to the Nation not any commitment or substance to try making a lot of money on that. We in a press conference. I watched his back up what he is saying. cannot go after that. But we can go speech and was amazed at the sincer- Bill Clinton pretends that he vetoed after the seniors in my State who ity, that he appears to really believe a temporary spending measure because make $10,000 a year. what he was saying. Certainly what he he wanted to protect Medicare. Just as So what the Republicans are doing, I has been doing does not match what he the President has no credibility on the think, is a very shameful act in trying was saying. budget, he has no credibility on Medi- to force onto the continuing resolution Madam President, last night the Fed- care. His own Medicare trustees in- the $130 more. eral Government ran out of money and formed him earlier this year that Medi- Last, Madam President, here is an- thousands of Federal workers were sent care bankruptcy is imminent. Bill other quote. The Senator from North home. The question on everyone’s mind Clinton’s response was to do nothing. Dakota read some quotes. Here is a is, why will Bill Clinton not agree to a The Republican continuing resolu- quote by Representative KASICH: balanced budget? Why will Bill Clinton tion maintains secure Medicare pre- I do not see the Government shutdown as a not agree to a balanced budget? mium percentage that recipients pay. negative; I see it as a positive, if things get He has flipped and flopped so many It maintains the current premium, righted. times on the budget that it is hard to that Medicare premium percentage, Congressman CHRISTENSEN said: know where he stands on the issue. It that recipients pay. It says that we If we have to temporarily shut down the should be perfectly clear that the need to hold off on decreasing pre- Government to get people’s attention to blame for this shutdown can be traced miums until we implement a com- show that we are going to balance the budg- directly to the White House and not prehensive plan to save Medicare. It et, then so be it. anywhere else, and to the President’s does not cut the premium. It does not What are we talking about? Madam new imagemakers at the House. They raise the premium 1 percentage. It sim- President, 800,000—I am told—Govern- are determined that he appear strong, ply keeps it the same. Very simply, no ment workers went home today be- regardless of the consequences to the change. cause the Government shut down. Who Nation. Dick Morris, the President’s new top are these people? Madam President, As a candidate for the Presidency, adviser, calls the President’s plan tri- they are people like you and me. These Bill Clinton promised to balance a angulation. In Washington language, are mothers and fathers. These are peo- budget in 5 years. However, once in of- this is supposed to mean that Bill Clin- ple with children. These are people fice, he flipped on the campaign prom- ton is a moderate. In North Carolina that have illnesses at home. These are ise. In fact, Bill Clinton has never sub- we speak more directly. This triangle people that have mortgages to pay and mitted to Congress a plan for balancing of Bill Clinton’s consist of no leader- car payments to pay, maybe have one the budget. The first budget which he ship, no principle, and no negotiation. or two kids in college that are trying submitted this year never reached bal- That is the triangulation. to get through college. ance, and he knew it when he submit- Medicare is going broke. The Govern- These are not some kind of people ted it. ment is trillions of dollars in debt. The that are not part of our American fam- After consulting with pollsters and Government is shutting down and the ily of workers. Yet somehow we are realizing that Congress was serious President is concerned about triangula- being told they are worthless—send about reaching a balanced budget in 7 tion. Deficits and the national debt are them home, we do not care. years, Bill Clinton flipped again and a tax on future generations. That has What a hard-hearted, cruel approach submitted a second budget which he been said many times in this Chamber to take, that somehow these Govern- claimed would balance the budget in 10 but the fact that it has been repeated ment workers who are outstanding up- years. However, that was not true and does not lessen its truth or its value or right taxpaying God-fearing Americans he knew it when it was submitted. its impact upon the American people. who do their job for the American peo- For all the flipping and flopping, Bill In 1975 the debt ceiling was $595 bil- ple, that somehow they are not worth Clinton is not making any headway on lion. Today, it is right at $5 trillion. anything and they can go home. the budget. In fact, in this very body, Every child born today faces $187,000 It is cruel and it is heartless. I think not a single Member of the Senate— interest bill on the debt incurred by the American people understand that. Democrat or Republican—voted for his past Congresses. That is why I hope that we can reason budget—not one. Realizing the Amer- The issue before the country is a bal- together, get the Medicare off the ican people knew that he was not seri- anced budget. That is what the bill is November 14, 1995 CONGRESSIONAL RECORD — SENATE S 17031 about. That is what we are talking What if the Japanese and Western tressed and, indeed, saddened that the about. The current stalemate will not Europeans decide to start pulling out legislative and executive branches of end until Bill Clinton stops being a of American securities, our bonds and our Federal Government have reached candidate for President and starts our T bills. Where are we going to pick an impasse over the future funding of being President. He needs to work with up 25 percent, or over $1 trillion of new Federal activity, as embodied in the the Congress for the good of this coun- investment? Are we going to get it continuing resolution for the current try. from the American people? We do not fiscal year and in the temporary debt I end this short speech where it have that kind of savings in this coun- limit extension bill, with the debate began, with the simple question: Why try. So what happens? Interest rates over the long-term budget reconcili- will Bill Clinton not agree to a real start skyrocketing. What happens ation bill still to come. balanced budget as he pledged to do then? It costs us billions and billions to While it is not surprising that we when he was running for President? finance the national debt at a time should arrive at this point—consider- When he was running for President he when we say our whole raison d’etre is ing the differences in philosophy which pledged to the voters and the people of to balance the budget. are at stake—it does seem to me that this country a balanced budget within What else? To provide for a $245 bil- deadlock could have been avoided, and 5 years. Why will he not come forth lion tax cut. Do you want to balance still can be, if only more respect can be and agree to a balanced budget now in the budget in 7 years? I do not know granted to the traditional norms of be- 7 years? whether it should be 7 years or 8 years havior that are the underpinning of our I yield the floor. or some other period, nor does anybody democratic system. Mrs. MURRAY. Madam President, I in America. But I can tell you one Comity and civility, transcending yield 5 minutes to the Senator from thing. A $245 billion tax cut is not con- differences of party and ideology, have Arkansas. sistent with balancing the budget. Any always been crucial elements in mak- tax cut—any tax cut—should be post- ing government an effective and con- THE GOVERNMENT SHUTDOWN poned until the budget is balanced. And structive instrument of public will. In Mr. BUMPERS. Madam President, I who gets it? You know the rest of that times such as these, when the pen- thank the Senator for yielding. People story. dulum of history seems to be reversing across America are looking at this The $500 per child tax credit would its swing and when there is so much Government shutdown and saying, not be for everybody; not for the people fundamental disagreement about the what on Earth are those people think- who make less than $30,000 a year with role of government, it is all the more ing? What is this all about? And why is two or three children. They get no part essential that we preserve the spirit of it necessary to furlough 800,000 work- of the child tax credit. Instead, they civil discourse. ers? get a cut in the earned income tax Last year, before retiring from the The Baltimore Sun said today that credit. That is a tax increase. Some Senate to become president of the Uni- people are no longer mad as hell. They 49.5 percent of the people in this coun- versity of Oklahoma, David Boren sent are scared to death. I can tell you there try get nothing but a tax increase out a letter to his colleagues lamenting the are people around here who are getting of this budget bill. But if you happen to fact that ‘‘we have become so partisan anxious. Why are we doing this? I have be wealthy and have three or four kids, and so personal in our attacks upon been in the Senate 21 years. This is the you get $500 for each one. each other that we can no longer effec- most bizarre time I have ever wit- So this morning I read where the Re- tively work together in the national nessed. I assumed, just as in the past, publicans are trying to make this $500 interest.’’ It was a thoughtful warning that reasonable heads would prevail, per child credit retroactive to the year that has meaning far beyond the U.S. the thing would be worked out last just gone by. They cannot pay for the Senate. night, everybody would come to work full $500 per child for 1995, but they The fact is that the democratic proc- today, and we would get on with our le- want to come up with $125 per child. Of ess depends on respectful disagree- gitimate business. But that has not course, the 1995 tax returns have al- ment. As soon as we confuse civil de- happened. ready been printed, and there is no bate with reckless disparagement, we One group of people say, ‘‘Why place for $125 credit on the return. So have crippled the process. A breakdown doesn’t the President sign that bill?’’ guess what? It will be payable with a of civility reinforces extremism and What is wrong with that? And other green check from the U.S. Treasury discourages the hard process of nego- people say, ‘‘I am with the President. I next October 1, 30 days before the elec- tiating across party lines to reach a hope he will hang tough.’’ That is tion. How cynical can you get to take broad-based consensus. where I come down. It is not that big a $125 for all these children out of the The Founding Fathers who pre- deal in some ways. But it is essentially Treasury 30 days before the election? scribed the ground rules for debate in an intrusion on the President’s author- Talk about buying an election. It is Congress certainly had all these con- ity. It is an intrusion on our turf, too, one of the most hypocritical things I siderations in mind. We address each to attach something like regulatory re- have ever read in my life. other in the third person with what form to the debt extension bill. Not our Colleagues, why did you run for this seems like elaborate courtesy. The pur- version of regulatory reform, the House office? Do you have any values? Do you pose, of course, is to remind us con- version, which could not see the light care about the fact that children are stantly that whatever the depth of our of day in the U.S. Senate. It would not going to be educated? Do you care disagreements, we are all common in- never pass the U.S. Senate. And where about the fact that my State is going struments of the democratic process. is it? On the debt ceiling bill. Why on to lose 40 percent of its Medicaid funds? That process is not well served by spin Earth do we put regulatory reform and We will not have a Medicaid program. doctors and sound bytes. Nor is it well habeas corpus reform on the debt ceil- Do you care about elderly people? Sev- served by blustering assertions of no ing? enty-five percent of the people over 65 compromise. The debt ceiling is designed to pro- live on less than $25,000 a year. So what This certainly should be kept in mind vide the full faith and credit of the do you do? You savage them to pay for with respect to the current dispute United States to people who buy our a tax cut for the wealthy. over the continuing resolution. This bonds. Twenty-five percent of our na- I am sorry I do not have more time. legislation is necessitated by the fail- tional debt, Madam President, is owned I thank the Senator for yielding. ure of this Congress to enact appropria- by the Western Europeans and the Jap- Mrs. MURRAY. Madam President, I tion bills in a timely fashion, and anese, and they do not think this is fun yield 5 minutes to the Senator from President Clinton has every right to in- and games. I heard a young Congress- Rhode Island. sist that a temporary continuation of man on the ‘‘Jim Lehrer Show’’ say The PRESIDING OFFICER. The Sen- spending authority come to him last night that this is ‘‘where the rub- ator from Rhode Island has 5 minutes. unencumbered by an extraneous policy ber hits the road. This is fun.’’ It is a A PLEA FOR CIVILITY matter. Whatever the level of future lot of things, but fun is not one of Mr. PELL. Mr. President, like most Medicare premiums is to be, it should them. of my colleagues, I am deeply dis- be determined by reasoned debate and S 17032 CONGRESSIONAL RECORD — SENATE November 14, 1995 not be set by the forced process of a the Federal Treasury millions and mil- bad public policy, and bad judgment by take-it-or-leave-it add-on to a continu- lions of dollars. At a time when we are the political leadership in Congress. ing resolution. working to bring down the Federal def- There is a simple solution to this cri- Similarly, with respect to the debt icit, we can certainly not afford that. sis. Drop the $245 billion tax cut. Use it limit extension, no amount of partisan There is no need for this shutdown to to cut back on some of the significant oneupmanship is worth the cost of have occurred. cuts in Medicare and Medicaid and bringing the credit rating of the U.S. I must say there is no justification other programs and still balance the Government to the brink of world-wide for trying to use emergency legislation budget by the year 2002. doubt and disrepute. The way to curb to continue Government functions as a That is the true answer to this di- future borrowing is through reduction vehicle for extraneous policy issues, is- lemma, and I believe, if both parties of deficits, which we are all committed sues like weakening environmental are serious about this matter at this to accomplishing. But in the mean- protection laws, undermining the writ point, we would realize that that is the time, the United States must honor its of habeas corpus, or ramming through crux of the issue. A $245 billion tax cut commitments, and it seems to me high- increases in Medicare premiums. skewed toward those in upper income ly irresponsible to attach any condi- I note today some of the leadership brackets is not the same as saying we tions to an extension that would limit on the other side is saying, well, this is have to balance the budget in 7 years. the Government’s ability to do so. really about a 7-year balanced budget. That is the problem. That is what is It does seem to me, Mr. President, But the fact is the reason we are here holding this up, and that is what would that there are the makings of nego- now is not the 7-year balanced budget solve the problem. tiated agreement on these issues, and issue; it is inclusion of these extra- Madam President, I will conclude by on the larger issues that face us in the neous matters that have nothing to do simply saying that I hope we can get a reconciliation bill, if only we can re- with balancing the budget. clean resolution and stop this shut- turn to the basic ground-rules of civil Congress ought to get serious and down at this point. discourse and reasoned deliberation. pass a clean continuing resolution and I yield the floor. President Clinton for his part has long debt ceiling extension so that we can Mr. MURKOWSKI addressed the since indicated his commitment to the move on with the pressing business of Chair. goal of a balanced budget. So the dif- reaching agreement on long-term defi- The PRESIDING OFFICER. The Sen- ferences between the two sides are dif- cit reduction legislation and actually ator from Alaska. ferences of degree—quantitative ques- achieve a balanced budget. I think the Mr. MURKOWSKI. How much time is tions of how many dollars will be cut President is correct that these negotia- remaining? over what span of years—which cer- tions should take place without the The PRESIDING OFFICER. The Sen- tainly are susceptible to compromise. threat of budget blackmail hanging ator from Alaska has 20 minutes and 9 Edmund Burke, the eloquent British over the negotiating table. We ought to seconds, and the Senator from Wash- statesman whose 18th century com- be able to reach the agreements needed ington has 6 minutes and 11 seconds. ments are so often relevant to demo- without this needless disruption of Mr. MURKOWSKI. I thank the Chair. cratic government today, once said Government services and the under- I am going to yield myself a few mo- that ‘‘All government is founded on mining of public confidence. ments because I think it is appropriate compromise and barter.’’ Those words Let me also focus for a moment on to recognize that we have been talking have meaning for us all today, includ- what I mean by the threat of budget about S. 395, which is the pending busi- blackmail hanging over the negotiat- ing those who feel they have a mandate ness before the body. That is the bill ing table. for radical change. that passed including sale of the Alas- Mrs. MURRAY addressed the Chair. At the heart of this impasse is an ef- The PRESIDING OFFICER. The Sen- fort driven primarily by the House ka Power Authority, moving some of ator from Washington. backers of the Republican contract to our excess oil off the west coast. Instead, we have been hearing the Mrs. MURRAY. Madam President, I force through a budget reconciliation yield 5 minutes to the Senator from bill that is predicated in large part on spin doctors of the Senate, spin doctors Wisconsin. delivering what the Speaker of the criticizing the Republican plan to bal- The PRESIDING OFFICER. The Sen- House has called the crown jewel of the ance the budget. They suggest that we ator from Wisconsin has 5 minutes. Republican Contract With America, are putting this on the backs of the seniors, the working families, the chil- A REALISTIC BUDGET PLAN and that crown jewel is this massive Mr. FEINGOLD. Madam President, I tax cut. dren, reducing our educational com- thank the Chair and I thank the Sen- In other words, it is not just an issue mitments. Come on. We are trying to ator from Washington. of whether we should balance the budg- save a program, save a system. I join my colleagues from both sides et in 7 years or earlier, with which I do To suggest that the Republicans have of the aisle in deploring the cir- agree. It is a goal on the part of those no compassion in this area is abso- cumstances that have brought us to pushing that Contract With America lutely ludicrous. What are we doing on this situation where the Federal Gov- that we balance the budget but also Medicare? We are responding to the ernment is basically shut down because find enough money in there to provide Democratic alarm that Medicare is of the failure of the Congress and the a $245 billion tax cut, particularly for going to be broke by the year 2002. So White House to reach agreements over those in the upper income brackets. So what we are doing is not cutting it. We the Nation’s fiscal needs. there is no legitimacy to the claim are reducing the rate of growth from 10 Each side of this abysmal impasse that the dispute today is only about to 6 percent. has a somewhat different perspective whether we do this in 7 years. It is Is that irresponsible? I suggest it is on where the fault lies. Ultimately, about doing it in 7 years and letting responsible. Shut down Government? neither side can win that debate be- these cuts occur to human service pro- That is not our objective. Our objective cause the American public sees this grams and safety net programs and de- is to balance the budget. This is not a kind of problem as a failure of both livering a significant tax cut to upper continuing resolution. This is a com- sides. This kind of gamesmanship sim- income folks in this society. That is mitment, a commitment to balance the ply serves to undermine public con- what is really at stake here today. budget, the 1995 balanced budget fidence in public officials, and that The deep cuts in Medicare and Medic- amendment. That is the issue before does not benefit the Nation either in aid and education and environmental this body, and that is the issue down at the long term or the short term. protection programs and other vital the White House, to balance the budg- Shutting down the Federal Govern- domestic programs are driven by the et. ment and jeopardizing the credit of the need to provide offsets for the $245 bil- Why do we need to balance the budg- United States by allowing us to move lion tax cut which the Republican lead- et? Because we have a $4.9 trillion ac- to the brink of a default in our obliga- ership seems absolutely determined to cumulated debt. And the American tions is irresponsible. protect. people have said that that is enough. According to OMB and GAO, shutting I have opposed this tax cut from the What are we spending for interest on down the Federal Government will cost beginning. It is bad economic policy, the debt? What is the interest cost of November 14, 1995 CONGRESSIONAL RECORD — SENATE S 17033 that? About 14 percent of our total using this opportunity to debate this here twice, and the Alaskan North Federal budget. Canada is nearly at 20 question of a shutdown of the Govern- Slope was approved by a margin of 74 percent. What happens when you have ment which, in my view, is unneces- to 25. to spend 14 percent of your budget on sary. In my view, this debate really is So, I simply say that, Mr. President, interest on a $4.9 trillion accumulated not about a balanced budget in 7 years; so that my colleagues will know that debt? That means less money for our the question is whether you want a the conference report ought to be ap- social responsibilities, less money for deep tax cut which costs a great deal of proved however you feel about tax cuts our seniors, less money for education. money and, in the process, socks it to for the rich, Medicare cuts and all the You have not heard one Democratic the seniors through the Medicare trust rest of the subjects that are so much Member of this body say how you are fund. on everyone’s mind. I yield the floor, going to balance the budget. They sim- But, Mr. President, as strongly as I Mr. President. ply criticize our plan. You have to cut. believe that our colleagues on this side Mrs. MURRAY addressed the Chair. You have to cut Government or you of the aisle are making the correct The PRESIDING OFFICER. The Sen- have to increase revenues. statement, correct arguments, to ator from Washington. There is no magic to it. We have which I subscribe and to which I heart- Mrs. MURRAY. Thank you, Mr. heard the Democrats say that the Med- ily agree, I just want to put in context President. icare Program would be broke by the what the measure is that we are debat- Mr. President, the events in the past year 2002, and they are right. We are ing just so we do not lose sight of the few days are disheartening. Congress doing something about it. They are fact that this is the conference report passed two bills that should provide criticizing us for what we are doing on the Alaskan North Slope oil and to stopgap measures for the Government about it, but they do not say what they tell my colleagues what is involved. to operate, both the debt extension and would do about it. We have heard today Initially, Mr. President, we required the continuing resolution. These bills that, yes, they want to balance the that Alaskan North Slope oil destined are necessary to buy time to work out budget. The President said 10 years. for the gulf coast go all the way, by differences that we have on the budget. Now he says maybe 9 years. One Sen- tanker, to the Panama Canal where it But both were loaded down with politi- ator in the Chamber today said 7 years. was offloaded, pipelined across the cal baggage, and the President has But that Senator did not say how we isthmus and then reloaded and then been forced to veto both. were going to do it. transported to the gulf coast. Why did Now here, amazingly, today we are The reason Government is shut down we do that? Because of seamen’s jobs, talking about exporting Alaskan oil. is because the President of the United because of the Jones Act which re- The Government is shut down, the States will not agree on a plan to bal- quired that American seamen pilot budget is in crisis, and we are debating ance the budget. He will not come be- those ships. a major giveaway to foreign oil compa- fore this body or the House or the lead- Of course, it was economically not nies at the expense of Washington ership and tell us what his plan is to feasible to do that. It did not make State refinery workers. balance the budget. economic sense except in the context Mr. President, it does not have to be Madam President, this is important. of American seamen and the Jones Act. this way. We have a job to do. We This is the most important thing we And the reason that the law so said passed a budget resolution months ago. could be doing because we are talking that all those years really had nothing We passed a budget reconciliation 3 about the survival of our Government, to do with energy security; it had to do weeks ago. And we literally have been the survival of our fiscal system. Make with American seamen’s jobs. It has sitting here since then. We have a re- no mistake about it, Madam President, taken all this time, all these years, to sponsibility to problem solve, to work this is historic. This is a historic at- get it worked out for American seamen out our differences and send a package tempt to turn around Government so and the Jones Act to make our grand to the President. Yet here we are draw- that we can survive under our Demo- compromise on this question of sea- ing lines in the sand and wasting time. cratic system as we know it today, be- men’s jobs. I think everyone looks bad if we do not cause, Madam President, this is the That now having been done, virtually keep the budget process moving. first time in 35 years, since 1969, that all sides support this legislation in this Mr. President, when I came to Wash- we have imparted on a path to balance conference report. There is, of course, ington in 1993, I was excited, moti- the budget. The last budget balance we some opposition. I think when it origi- vated, and ready to make a change. I had was back in 1969. It has been 35 nally came up, the conference report was ready to make Congress work for years. We have accumulated $4.9 tril- passed by a vote of 74 to 20 something. average people. I was driven to restore lion in accumulated debt. That is the The deport of royalty part of this legis- common sense to this institution. And legacy we are passing on. lation was part of that conference re- in large part I acted on that impulse by So it is historic, Madam President, port at that time or part of the Senate becoming a member of the Budget you bet. And we propose a commitment bill at that time, which got 74 votes. Committee, which put together the and a plan and a responsible roadmap The deport of royalty came up again Budget Reconciliation Act of 1993. We to get it done. We have a pledge to the and passed by 71 to 28. all remember the 1993 budget debate. It American people to do it. The Amer- The administration supports this leg- was intense, but yet it was productive. ican people expect the Republican-con- islation. It is economically efficient, Not everyone liked it, but we got the trolled Congress to get the job done saves the country money, is good for job done. We had no debates about con- and stay the course. And this is indeed the economy of America. And for those tinuing resolutions or debt limits. a very historic moment, Madam Presi- reasons, there is virtually no opposi- There were no discussions of Govern- dent. tion. I simply say that, Mr. President, ment shutdowns and work furloughs. I am going to give some time to my not because there has been any argu- Instead, we simply worked hard and we colleague from the State of Louisiana. ment here today to speak of on this beat every deadline with room to spare. How much time might he like? conference report, but just so that my I understand the new majority’s en- Mr. JOHNSTON. Four minutes. Mr. MURKOWSKI. Four or five min- colleagues will know that this con- thusiasm and in many ways I share utes. ference report has nothing to do with their interest in changing the way this I ask the Chair, how much time do I the balanced budget or tax cuts for the place works. And, believe me, I under- have? rich or any of those grand and wonder- stand how difficult it is to put together The PRESIDING OFFICER (Mr. ful subjects. This has to do only with a comprehensive budget package. THOMPSON). The Senator has 14 min- the Alaskan North Slope oil and But, Mr. President, what I do not un- utes 7 seconds. whether it can be exported in the most derstand is the new majority’s inabil- Mr. MURKOWSKI. I yield 5 minutes. efficient way. And it also has to do ity to do so. Here we are, November 14, Mr. JOHNSTON. I thank my col- with deport of royalty. Both parts of and there is no light at the end of the league. that have been overwhelmingly ap- tunnel. This body passed a budget way Mr. President, I congratulate my col- proved here on the floor of the Senate. back on October 27, but we still have leagues on this side of the aisle for The deport of royalty was approved not seen a House-Senate compromise S 17034 CONGRESSIONAL RECORD — SENATE November 14, 1995 package. More importantly, this Con- Mr. MURKOWSKI. Mr. President, I State’s geographic location, we always gress still has not passed 8 of its 13 ap- inquire how much time is remaining on depended heavily on two-way com- propriations bills. That astounds me. both sides. merce with the State of Washington. Our constituents expect us to pass The PRESIDING OFFICER. The Sen- Ships carrying the produce and appropriations by September 30. In ator from Alaska has 10 minutes, 25 consumer goods of Washington State fact, we passed the Senate budget plan seconds, and the other side has 38 sec- regularly enter our ports. In return, we 3 weeks ago and literally have done onds. continue to share our great mineral nothing since. People do not want to Mr. MURKOWSKI. Mr. President, wealth, including much of the crude oil hear about Government shutdowns. this has been an extraordinary debate. that fuels Washington State’s trans- And they certainly do not like it when We started out debating the Alaska portation system and supports her Congress plays political games with Power Authority moving excess oil economy, and we want to do that in the their lives. How do we explain the from the west coast of the United future. States and deep-water royalty relief pending Government shutdown without In fact, development of our natural admitting our inability to do what is under S. 395. A good part of the con- versation has involved a spin on the resources have been of immense benefit asked of us? We cannot; it is impos- to Washington State. Between 1980 and sible. We cannot explain this stalemate balanced budget amendment and the continuing resolution. 1991, North Slope oil production gen- without telling the public that the last I think that has been identified by erated approximately $1.35 billion in 2 weeks have seen nothing but arguing, both sides relative to the merits. But, revenues for the State of Washington. posturing, and finger pointing from one again, I remind my colleagues that the Only my State, California, Texas, and end of Pennsylvania Avenue to the reason the Government is shut down Pennsylvania generated greater reve- other. I do not like to say it, but this today is because the President and the nues in providing supplies needed to behavior reminds me of the preschool White House cannot come to grips with sustain oil production on the North classes I used to teach. a Republican plan for a balanced budg- Slope. Mr. President, we have to be respon- et, and it is just that simple. So we look forward to the future. We sible. We should not risk our Nation’s I have listened intently to my good see vast economic benefits through de- creditworthiness and its ability to bor- friend from the State of Washington velopment of our State’s bountiful re- row. We should not shock the bond relative to her concerns about the sources. Opening the Coastal Plain of market, raise long-term interest rates Alaska oil export portion in title II. I ANWR to prudent, environmentally and hurt American investors and con- can assure you that, indeed, we do not sound oil production, for example, sumers. We must understand the rami- contemplate a giveaway of American would create up to 12,000 new jobs in fications of our actions and our inac- oil. We are talking about selling that the State of Washington, ensure the tions. I urge my colleagues to consider portion of oil that is excess to the west continuity of her refineries, and, as a my words. The American people do not coast and, in so doing, that will stimu- consequence, we feel we can do it safe- care about who wins and who loses in late jobs in California and stimulate ly. this budget battle, let alone the con- jobs in my State of Alaska. As the Sen- So, this is, indeed, an important rela- tinuing resolution battle. They simply ators from Washington know, anything tionship. I have worked hard, along care about results. They want to feel that is good for Alaska is good for the with Senator STEVENS and others, in secure, and they want to know this State of Washington, because most of the conference to ensure that Senator Congress is up to its job. our supplies go through their State. MURRAY’s safety and environmental Mr. President, our goal should be to Furthermore, to suggest that some- concerns would be addressed. When restore faith in Government, to dem- how this is going to be detrimental to some of our House colleagues suggested onstrate progress, action, and change. Puget Sound, I remind those who are deleting section 206 in its entirety, People want to see us working and somewhat familiar that we are not Congressman YOUNG, from Alaska, and working hard just like they do. But if talking about oil being exported from I insisted that efforts be undertaken to the Government shuts down, all they the State of Washington. What we are find a meaningful compromise. Al- are going to know is the politicians in talking about ultimately is the State though I understand my colleague Washington, DC, dropped the ball of Washington having to depend more wishes the original language could again. It is time to put aside the brink- on imported oil coming into that State have been maintained, I believe we did manship and give people what they if, indeed, it cannot rely on a continu- develop a sound alternative. want. I hope we can move quickly to ing supply of oil from Alaska. enact a reasonable continuing resolu- But in concluding remarks, I wish to Let me tell you what that is, because tion that has no strings attached. reflect for a moment on the great rela- under title IV of the conference report, tionship which we have had over the Budget negotiations will come soon we have mandated that the Coast years with the State of Washington, enough once we resume work on the Guard examine the most cost-effective her citizens and the congressional dele- budget bill. In the meantime, let us be methods of using existing towing vessel gation. Since the very first days of our responsible legislators. Let us live up resources to respond to any vessel in statehood upon entering the Union, we distress. We adopted this alternative to our responsibilities and the expecta- in Alaska have had vibrant economic, tions of our constituents. because in part we believe that, on the cultural, and close political ties to best information available and evi- As far as the pending legislation is Washington. I guess that began some dence, that the marine environment of concerned, again I am amazed that we three decades ago. Perhaps Senator Puget Sound is adequately protected are debating this bill when this Gov- STEVENS, the senior Senator, could under existing response plan require- ernment has come to a standstill. But comment a bit more precisely on the ments mandated by the Oil Pollution I want my colleagues to know, I think history, but our two congressional del- Act of 1990 and other statutory provi- that this bill is not a good one. It does egations have worked together. sions. not favor my constituents or the Na- We have created new economic op- tion. It gives away precious oil re- portunities for citizens of both our OPA is applicable to major oil ports. sources when our own country is 50 per- States. Indeed, we look back with fond- Puget Sound is one. It requires double- cent dependent on foreign oil. It ness to the efforts of Scoop and hull tankers over a period of time, in- threatens the healthy water of Puget Maggie, as they were fondly known, to spections, higher liability, response Sound with unsafe, single-hull oil nurture the development of both our plan and escort vessels and mandates tankers. And most importantly, if this States economically. We have accom- that the Coast Guard be given the dis- body actually takes a step to opening plished much since statehood, in large cretion relative to escort vessels. ANWR to drilling, it is possible that part because our delegations have We believe the Coast Guard’s existing that oil also will be exported. This worked together to promote common authority to prevent and respond to makes no sense at all to me, Mr. Presi- interests. oilspills, as well as to impose vessel op- dent, and I urge my colleagues to vote We have differences of opinion, as erating requirements, is fully suffi- no on the conference report. evidenced by this, but as a result of our cient to address the needs of all Pacific November 14, 1995 CONGRESSIONAL RECORD — SENATE S 17035

Northwest waterways. It is an obliga- Representative YOUNG, Senator BEN- Mr. LOTT. Mr. President, I ask unan- tion of the Coast Guard to address NETT JOHNSTON, and other members of imous consent that the order for the that. the Energy Committee, who worked so quorum call be rescinded. Nonetheless, in recognition of the in- hard to bring this legislation together, The PRESIDING OFFICER. Without terest among the citizens of Washing- S. 395, covering the sale of the Alaska objection, it is so ordered. ton State in a so-called tug-of-oppor- Power Authority, and the export of ex- Mr. MURKOWSKI. Mr. President, I tunity system and given our strong de- cess oil from the west coast of the move to reconsider the vote by which sire to ensure that cost-effective meas- United States in U.S.-flag vessels with the conference report was agreed to. ures are adopted to enhance the safety U.S. crews. This means more U.S. ships Mr. LOTT. I move to lay that motion in these waters, the committee of con- and more jobs. on the table. ference included title IV. Finally, on the benefits of deep water The motion to lay on the table was With respect to Senator MURRAY’s royalty, I had the pleasure of working agreed to. general concerns about the impact of with Senator BENNETT JOHNSTON to Mr. LOTT. Mr. President, I suggest ANS exports on her State, let me offer bring together, with my colleagues in the absence of a quorum. a few thoughts. We firmly believe, as the House, this legislation before us. I The PRESIDING OFFICER. The the weight of the testimony before my believe the time has about expired. The clerk will call the roll. committee demonstrated, that the Pa- yeas and nays have been ordered. I do The legislative clerk proceeded to cific Northwest will continue to be the not know if there is further time. call the roll. most natural market for ANS crude. I yield the remainder of my time. Mr. DOLE. Mr. President, I ask unan- Given its geographic proximity and Mrs. MURRAY. I yield back our imous consent that the order for the relatively low cost of transporting time. quorum call be rescinded. crude to refiners in Puget Sound, there Mr. MURKOWSKI. I urge my col- The PRESIDING OFFICER. Without is no sound economic reason why any leagues to support the conference re- objection, it is so ordered. oil now coming to Washington would port. Mr. DASCHLE addressed the Chair. be exported. In fact, the largest inde- The PRESIDING OFFICER. The The PRESIDING OFFICER. The mi- pendent refiner in the area has a long- question is on agreeing to the con- nority leader. term supply contract with the largest ference report. f North Slope producer. Moreover, some The yeas and nays have been ordered. of the owners of the largest refineries The clerk will call the roll. COST OF GOVERNMENT SHUTDOWN in Washington State, in fact, support The legislative clerk called the roll. Mr. DASCHLE. Mr. President, 800,000 this legislation. There is, thus, no rea- Mr. FORD. I announce that the Sen- Federal workers were furloughed with- son to fear oil shortages or higher ator from New Jersey [Mr. BRADLEY] is out pay today as a result of our inabil- prices. absent because of illness in the family. ity to resolve our differences on the Nor, might I add, is there any basis The PRESIDING OFFICER. Are there continuing resolution. It could have for the concern expressed that enact- any other Senators in the Chamber de- been avoided. It is as unnecessary as it ment of the legislation will lead to a siring to vote? is unfortunate. sudden influx of substandard or envi- The result was announced—yeas 69, Morale among Federal employees is ronmentally unsound foreign-flag nays 29, as follows: at one of the lowest points ever. They tankers in the waters of Puget Sound. [Rollcall Vote No. 574 Leg.] face great uncertainty, while many are Under OPA 1990, all tankers—American YEAS—69 being told they are not essential. It is flag and foreign flag—are subjected to Abraham Dorgan Lott sad but avoidable. It represents not the same rigorous safety standards by Ashcroft Faircloth Lugar only a cost to families working for the Baucus Feinstein Mack the U.S. Coast Guard. Environmentally Bennett Ford McCain Federal Government but a huge cost to safe foreign-flag tankers today deliver Bingaman Frist McConnell Government itself. It may cost the imports to refineries in Puget Sound, Bond Glenn Murkowski Federal Government as much as $150 Breaux Gramm Nickles as a matter of fact. Finally, along with Brown Grams Nunn million a day, costing taxpayers as the American-flag tankers, with some Bryan Grassley Pell well. of the best safety records in the world, Burns Gregg Pressler While it may have been avoidable, it these tankers will continue to deliver Campbell Hatch Robb was also predictable, given statements Chafee Heflin Roth the crude that helps fuel the State’s Coats Helms Santorum by the Speaker of the House through- economy. Cochran Hollings Shelby out the year. It was on April 3 when We have carefully considered all the Cohen Hutchison Simpson the Speaker pledged to ‘‘create a ti- potential negative implications of the Conrad Inhofe Smith Coverdell Inouye Snowe tanic legislative standoff with Presi- ANS export. Craig Jeffords Specter dent Clinton by adding vetoed bills to We have given the President all the D’Amato Johnston Stevens must-pass legislation.’’ authority he needs to ensure the ex- Daschle Kassebaum Thomas It was on November 8 that the Inves- DeWine Kempthorne Thompson ports do not pose negative environ- Dole Kennedy Thurmond tors Business Daily reported that the mental risks for anybody in the Pacific Domenici Kyl Warner Speaker would force the Government Northwest. Having done so, we want to NAYS—29 to miss interest and principal pay- share the benefits of export. Like ments for the first time ever to force Akaka Harkin Moseley-Braun Washington State, which for so long Biden Hatfield Moynihan the administration to agree to his 7- has thrived because of free trade—you Boxer Kerrey Murray year deficit reduction. can imagine what would happen if the Bumpers Kerry Pryor While failure to pass a continuing State of Washington was precluded by Byrd Kohl Reid Dodd Lautenberg Rockefeller resolution costs a great deal, failure to this body from, say, exporting their ap- Exon Leahy Sarbanes pass a debt limit is costing even more. ples. We feel that way about our oil, Feingold Levin Simon Officials at Standard & Poor’s recently Mr. President. We in Alaska want the Gorton Lieberman Wellstone noted, ‘‘The willingness of American Graham Mikulski chance to sell our most precious re- officials to talk about the possibility of source into the world markets. We in NOT VOTING—1 default has already done lasting harm the Alaska delegation have fought so Bradley to the United States international hard for so long to maintain free and So the conference report was agreed image as a country willing to pay back open trade opportunities for others, to. what it borrows.’’ Standard & Poor’s and we now ask that our colleagues Mr. LOTT. Mr. President, I suggest President Leo O’Neill argued, ‘‘Even if help us end the discrimination that has the absence of a quorum. the issue is resolved in the 11th hour, kept our most valuable resource from The PRESIDING OFFICER. The the 59th minute, in some respects the being freely traded in a competitive clerk will call the roll. damage has already been done.’’ market. It has been unfair to the State The legislative clerk proceeded to Mr. President, we can resolve these of Alaska. I thank Senator STEVENS, call the roll. matters now. In fact, we must do so. S 17036 CONGRESSIONAL RECORD — SENATE November 14, 1995 Let the negotiations continue. Let us So this is not without precedent. But I he is the President, he has to provide resolve our differences. If the Medicare have never thought it was the best way leadership, he has to make tough premium increase is taken off the reso- to do business, and I hope it can be re- choices. The tough choices are not to lution and addressed in the overall con- solved very quickly. say, ‘‘I’m not going to tolerate any tin- text of reform, there is no reason we I hope that while they are trying to kering with this program or that pro- cannot find agreement on a balanced negotiate, hopefully, some agreement, gram or that program.’’ That may be budget by a date certain. that we would not engage in debate on the political easy choice, but it is not That will take some time. We are not the Senate floor that might drive us going to solve our problem. going to do it today; we are not going apart. I do not have any quarrel with Unless we balance the budget, we are to do it tomorrow; but we are going to what the distinguished Democratic not being fair to children, children who do it. In the meantime, we ought to leader has said. I do not share every are 1 year old or 2 years old or 5 years agree to a clean continuing resolution view he has expressed. And, again, I old, who have to look at the future, for several more days to reduce the would say that when the President where they are going to be when they real harm to Federal employees, to re- talks about Medicare, I hope that the are 20 years of age or 25 years of age. I duce the harm to the U.S. taxpayer, to people understand we are talking about really believe that it is in our mutual allow us to do our real work and re- part B; we are talking about that part interest to try to work this out. We are solve our differences on reconciliation of Medicare where the persons out talking about an 18-day CR. It is not and the budget. there working every day making $15,000 the end of the world. I hope we can find some resolution. f $20,000, $30,000 a year are putting money into the general revenues to pay I am also sympathetic with reference MAKING FURTHER CONTINUING 68.5 percent of someone’s part B pre- to extension of the debt ceiling. I have APPROPRIATIONS, 1996 mium, whether they are worth $50,000, seen that over the years used as a vehi- $100,000, $1 million or $1 billion. If the cle for riders. I remember managing a Mr. DASCHLE. Mr. President, I send debt ceiling when I was chairman of a bill to the desk providing for an ex- President is trying to protect those people, then I fail to understand why in the Finance Committee many years tension until December 6 of the con- ago. We had foreign policy amend- tinuing resolution which expired last this case. All we want to do is just freeze that ments offered and adopted by my col- night, and I ask that the Senate pro- leagues on the other side. We had all ceed to its immediate consideration; until we have a negotiated settlement, because sooner or later we are going to kinds—I think we ended up with 19 that the bill be read a third time and amendments on the debt ceiling that passed, and that the motion to recon- have to address Medicare in order to save it, protect it and strengthen it. we had to take to conference with the sider be laid on the table. Ways and Means Committee. And most Mr. DOLE addressed the Chair. That is what it was about, and that issue will not go away. of it was, of course, completely outside The PRESIDING OFFICER. Is there the jurisdiction of the Ways and Means objection? But I think, as I watched the Presi- dent today very carefully, he shifted Committee. Mr. DOLE. Mr. President, I respect- So, I do not want anybody to mis- fully object. his stance today. Yesterday it was Medicare, Medicare and Medicaid. understand this has never happened The PRESIDING OFFICER. Objec- when we had Republicans in the White tion is heard. Today it was balance the budget, bal- ance the budget, balance the budget. House and a Democratic Congress. It f I would again say, if the President has happened. And it probably will hap- wants to balance the budget, I am pre- pen in the future. Maybe it should not MAKING FURTHER CONTINUING happen. Maybe we ought to do some- APPROPRIATIONS, 1996 pared to call up the motion to recon- sider the constitutional amendment for thing to prevent it from happening, but Mr. DASCHLE. Mr. President, I send a balanced budget. I just need one vote. we have not done that yet. I think on that basis, since they are, a bill to the desk providing for an ex- One of those Senators, one of the six right within 20 yards of here, trying to tension until November 17 of the con- who voted ‘‘no’’ who voted ‘‘yes’’ pre- reach some agreement, I hope that we tinuing resolution, and I ask that the viously, could change their vote at this will be permitted to stand in recess Senate proceed to its immediate con- moment and send a message across subject to the call of the Chair. And if sideration; that the bill be read a third America that we want a balanced budg- we cannot reach some agreement— time and passed, and that the motion et. And I call upon the President to get to reconsider be laid upon the table. well, if we hear no agreement can be the six of his colleagues together and reached, then we will have to decide The PRESIDING OFFICER. Is there see if he cannot persuade one or two to objection? what to do for the rest of the evening. vote for a constitutional amendment But if an agreement can be reached, I Mr. DOLE. Mr. President, I respect- for a balanced budget. That, I think, fully object. hope the House would take it up and would let the American people know send it over here tonight and pass it, The PRESIDING OFFICER. Objec- that this is a bipartisan effort and that tion is heard. and then do precisely what the Demo- we do search for a balanced budget. cratic leader wishes to do, and that Mr. DOLE. Mr. President, I thank my Failing that, I think the only re- colleague from South Dakota. would be to end the shutdown and get course we have on this side, and one we people back to work. f are certainly going to pursue, is to bal- Mr. DASCHLE. Would the distin- ance the budget by the year 2002, bal- BUDGET NEGOTIATIONS guished majority leader yield? ance the budget by the year 2002. Mr. DOLE. Yes. Mr. DOLE. Mr. President, as we Eighty-three percent of the American The PRESIDING OFFICER. The dis- speak, they are meeting now in S–207. people want to balance the budget. You tinguished minority leader is recog- The President’s Chief of Staff, as I un- cannot balance the budget by adding nized. derstand; the Secretary of the Treas- new programs. We are going to spend Mr. DASCHLE. Let me say that I am ury; and the OMB Director, Alice more, even with the balanced budget disappointed that we could not get Rivlin, are meeting with Republicans by the year 2002, spend more for Medi- agreement on this resolution. I think and Democrats, members of the Budget care, more for Medicaid, and more for the colloquy we have just had, Mr. Committee, in an effort to see if there all these programs. President, demonstrates, regardless of can be some resolution. But I happen to believe that we are what may have happened in the past, I am not an advocate of Government on the right track. We are doing the why it is so important to have a clean shutdowns. I have been here when they heavy lifting now. We are taking the continuing resolution so that we can have been shut down when we had Re- hits on this side of the aisle. We know negotiate a balanced budget, so that we publican Presidents in the White House it is easy—we read the numbers— it is can negotiate whatever it is we may do and a Democratic Congress and the easy to say, ‘‘Let’s keep hammering with regard to Medicare. Democrats were insisting on certain those Republicans.’’ But sooner or We recognize that Medicare is going things, and the Government shut down. later the President must recognize that to have to be reformed. But to single November 14, 1995 CONGRESSIONAL RECORD — SENATE S 17037 out Medicare and tell seniors that they staff here. But if that is the desire of they can figure out something in the are the ones who are going to have to the other side, we will have a quorum other room, because you have a ques- be the first to sacrifice before we come call, a very slow quorum call, that may tion whether you use the CBO num- to any other conclusion does not make take hours. bers, OMB numbers, whether it is going a lot of sense to most Democrats, and But my view is this: I have made the to be 7 years, 8 years, 9 years, 10 years. that is why we object to having it in same speech that the Democratic lead- Most Americans do not understand the continuing resolution. To say that er made when we had Republican Presi- why we are waiting 7 years. They think somehow we cannot resolve these mat- dents in the White House. I never pre- we ought to do it in a year, 2 years, or ters one by one in an overall negotia- vailed, but I made the same speech, I 3 years. We believe seven is the right tion is to admit failure before we have made the same request. I asked unani- number. In fact, we will have on the begun. We are not prepared to do that. mous consent that it be extended. floor, hopefully on Friday, a balanced That is why having a continuing res- Never got it; but I tried. So I am going budget called the reconciliation pack- olution that is clean, as we call it, is so to commend the Democratic leader for age. We call it the Balanced Budget important, so that we can get the busi- doing what he should do. And if he Act of 1995, which does balance the ness of negotiation underway and do it finds out a way to do it, then I missed budget in 7 years. He will have a clean in a much more comprehensive and something when I was trying to do the CR in it. He will have a clean debt ceil- meaningful way. Sooner or later we are same thing. ing in it. It will all go to the President going to have to come to that conclu- But the bottom line is that, if we of the United States, and he can get ev- sion. As we deliberate, 800,000 Federal cannot work it out—and this is a con- erything he talked about this past employees continue to wonder what frontation between a Republican Con- week: He can get a clean debt exten- will happen to them next. Taxpayers gress and a Democratic White House, sion; he can get a clean CR; and he can pay $150 million a day, according to es- and it has been reversed many times. get a balanced budget; and he only has timates, that is unnecessary. The cred- We have stood on the floor while things to sign once. One time—not three itworthiness of the United States is were going back and forth. In fact, we times, but one time—and he gets the being debated. So we are acquiring ad- have had Medicare proposals on CR’s whole package. ditional costs. We are facing additional before. I suggest the absence of a quorum. uncertainty, simply because we have But I guess if the President wants to no continuing resolution today. protect the rich, those who only pay The PRESIDING OFFICER (Mr. That can be avoided, Mr. President. 31.5 percent of their premiums even BROWN). The clerk will call the roll. We want a balanced budget. We want a though they are millionaires, that is The assistant legislative clerk pro- date certain by which the budget is his prerogative. If he wants to sock ceeded to call the roll. balanced. We can negotiate that. We somebody to pay it who is making Mr. DORGAN. Mr. President, I ask can come to some conclusion on all of $25,000, that is his prerogative. That is unanimous consent that the order for that. But we have to deal with first his prerogative. We are trying to make the quorum call be rescinded. things first. And the continuing resolu- Medicare fair. I think once the Amer- The PRESIDING OFFICER. In my tion is the issue that we have to face if ican people understand he is talking capacity as a Senator from the State of we are going to resolve the short-term about part B, part B, which is not Colorado, I object. The clerk will con- crisis for so many Federal employees means tested, and we just keep shovel- tinue to call the roll. and the taxpayers. ing money out of general revenues, I have no reservations at all about taking somebody’s money out there The assistant legislative clerk con- the continued negotiations that are making $25,000 or $30,000 and paying tinued to call the roll. going on right now. I hope that the ma- 68.5 percent of the premium for some- Mrs. BOXER. Mr. President, I ask jority leader might be willing to allow body who might be well off, it does not unanimous consent that the order for us to stay in morning business so that make any sense to me. the quorum call be rescinded. we might discuss these and other mat- We ought to means test part B pre- Mr. GORTON. I object. ters. I know that there are people on miums. I think everybody agrees. Just The PRESIDING OFFICER. Objec- our side of the aisle who would like use the word ‘‘Medicare,’’ cut Medi- tion is heard. The clerk will continue very much to have the opportunity to care. Do not tell them that you are to call the roll. debate and discuss some of these is- cutting, because they are going to find sues, and, for that reason, Mr. Presi- out you are not cutting anything. The assistant legislative clerk con- dent, I would have to object to going So I just suggest if the President tinued to call the roll. into recess at this time. wants to balance the budget, boy, he is Mr. REID. Mr. President, I ask unan- Mr. DOLE addressed the Chair. right on track. He said balance the imous consent that the order for the The PRESIDING OFFICER. The dis- budget in 5 years when he was running. quorum call be rescinded. tinguished majority leader is recog- Since then, he has said balance it in 10, The PRESIDING OFFICER (Mr. nized. 9, 8, or none of the above. So take your FAIRCLOTH). The chair, in his capacity Mr. DOLE. Mr. President, as the Sen- pick. He is for 5 years when he is run- as a Senator from North Carolina, ob- ator knows, we had a meeting last ning; he is for 10 years when he is jects and the clerk will continue to call night at the White House. We all thinking about running for reelection; the roll. agreed when we left there, at least I and he has been for 9 years, for 8 years, The legislative clerk continued with thought we had, that it had been a for 7 years, or for never. good meeting, some progress was made, We are going to find out. The Presi- the call of the roll. and we had not reached an agreement. dent said he wanted to balance the Mr. REID. Mr. President, I ask unan- And I, along with the Speaker, went budget about 10 times in a press con- imous consent that the quorum call be out and dutifully reported that to the ference. We ought to give him that op- rescinded. press. Then I later heard we were get- portunity. We ought to send him a CR, Mr. HELMS. I must object. ting dumped on about Medicare. Then I and it ought to say in the CR we will The PRESIDING OFFICER. The Sen- watched ‘‘Nightline,’’ and we were get- balance the budget in 7 years—7 ator from North Carolina objects and ting dumped on about something else. years—the year 2002, using updated the clerk will continue to call the roll. Then the President this morning, CBO numbers which he asked us to use The legislative clerk proceeded to right after negotiations ended, was in 1993, as I recall, when he addressed call the roll. saying it was all the Republicans’ the joint session of Congress, and then fault. It makes it rather difficult, to be send that to the Congress. Then he can Mr. DOLE. Mr. President, I ask unan- very frank about it. I know people have the CR, and he can also tell the imous consent that the order for the want to get up and speak and hammer American people he is serious about a quorum call be rescinded. away for another 2 hours. That will not balanced budget amendment. The PRESIDING OFFICER (Mr. happen. We will have a quorum call. I But until that time, I do not know KYL). Without objection, it is so or- was trying to save from keeping the how we are going to resolve it, unless dered. S 17038 CONGRESSIONAL RECORD — SENATE November 14, 1995 MEASURE READ THE FIRST H.R. 2527. An act to amend the Federal bill to amend title 10, United States TIME—S. 1410 Election Campaign Act of 1971 to improve Code, to provide for transportation by the electoral process by permitting elec- Mr. DOLE. Mr. President, I under- the Department of Defense of certain tronic filing and preservation of Federal children requiring specialized medical stand that S. 1410, introduced earlier Election Commission reports, and for other by Senator DASCHLE, is at the desk. purposes. services in the United States. S. 837 The PRESIDING OFFICER. The Sen- f ator is correct. At the request of Mr. WARNER, the Mr. DOLE. I ask for its first reading. MEASURES REFERRED names of the Senator from California The PRESIDING OFFICER. The The following bills were read the first [Mrs. FEINSTEIN] and the Senator from clerk will read the bill for the first and second times by unanimous con- Georgia [Mr. COVERDELL] were added as time. sent and referred as indicated: cosponsors of S. 837, a bill to require The legislative clerk read as follows: H.R. 924. An act to prohibit the Secretary the Secretary of the Treasury to mint A bill (S. 1410) making further continuing of Agriculture from transferring any na- coins in commemoration of the 250th appropriations, 1996. tional forest system lands in the Angeles Na- anniversary of the birth of James Mr. DOLE. Mr. President, I now ask tional Forest in California out of Federal Madison. for its second reading, and I object. ownership for use as a solid waste landfill; to S. 912 the Committee on Energy and Natural Re- The PRESIDING OFFICER. Objec- At the request of Mr. KOHL, the tion is heard. sources. H.R. 2527. An act to amend the Federal names of the Senator from Texas [Mrs. f Election Campaign Act of 1971 to improve HUTCHISON] and the Senator from Or- the electoral process by permitting elec- egon [Mr. HATFIELD] were added as co- MEASURE READ THE FIRST tronic filing and preservation of Federal sponsors of S. 912, a bill to amend the TIME—S. 1411 Election Commission reports, and for other Internal Revenue Code of 1986 with re- Mr. DOLE. Mr. President, I under- purposes; to the Committee on Rules and Ad- spect to the eligibility of veterans for stand that S. 1411, introduced today by ministration. mortgage revenue bond financing, and Senator DASCHLE, is at the desk. f for other purposes. The PRESIDING OFFICER. The Sen- MEASURES PLACED ON THE S. 978 ator is correct. CALENDAR At the request of Mrs. HUTCHISON, the Mr. DOLE. I ask for its first reading. names of the Senator from Mississippi The following bills were read the first The PRESIDING OFFICER. The [Mr. LOTT], the Senator from Washing- and second times by unanimous con- clerk will read the bill for the first ton [Mr. GORTON], the Senator from sent and placed on the calendar: time. Iowa [Mr. HARKIN], and the Senator The legislative clerk read as follows: H.R. 657. An act to extend the deadline from Florida [Mr. MACK] were added as A bill (S. 1411) making further continuing under the Federal Power Act applicable to cosponsors of S. 978, a bill to facilitate appropriations, 1996. the construction of three hydroelectric projects in the State of Arkansas. contributions to charitable organiza- Mr. DOLE. Mr. President, I now ask H.R. 680. An act to extend the time for con- tions by codifying certain exemptions for its second reading, and I object. struction of certain FERC licensed hydro from the Federal securities laws, to The PRESIDING OFFICER. Objec- projects. clarify the inapplicability of antitrust tion is heard. H.R. 1011. An act to extend the deadline laws to charitable gift annuities, and f under the Federal Power Act applicable to for other purposes. the construction of a hydroelectric project in MESSAGES FROM THE HOUSE the State of Ohio. S. 1028 H.R. 1051. An act to provide for the exten- At the request of Mrs. KASSEBAUM, At 12:03 p.m., a message from the sion of certain hydroelectric projects located the name of the Senator from South House of Representatives, delivered by in the State of West Virginia. Dakota [Mr. DASCHLE] was added as a Ms. Goetz, one of its reading clerks, an- H.R. 1290. An act to reinstate the permit cosponsor of S. 1028, a bill to provide nounced that the House has passed the for, and extend the deadline under the Fed- increased access to health care bene- following bills, in which it requests the eral Power Act applicable to the construc- fits, to provide increased portability of concurrence of the Senate: tion of, a hydroelectric project in Oregon, and for other purposes. health care benefits, to provide in- H.R. 657. An act to extend the deadline H.R. 1335. An act to provide for the exten- creased security of health care bene- under the Federal Power Act applicable to sion of a hydroelectric project located in the fits, to increase the purchasing power the construction of three hydroelectric State of West Virginia. projects in the State of Arkansas. of individuals and small employers, H.R. 1366. An act to authorize the exten- H.R. 680. An act to extend the time for con- and for other purposes. sion of time limitation for the FERC-issued struction of certain FERC licensed hydro S. 1228 hydroelectric license for the Mount Hope projects. Waterpower Project. At the request of Mr. D’AMATO, the H.R. 924. An act to prohibit the Secretary H.R. 2204. An act to extend and reauthorize name of the Senator from Iowa [Mr. of Agriculture from transferring any na- the Defense Production Act of 1950, and for HARKIN] was added as a cosponsor of S. tional forest system lands in the Angeles Na- other purposes. tional Forest in California out of Federal 1228, a bill to impose sanctions on for- ownership for use as a solid waste landfill. f eign persons exporting petroleum prod- H.R. 1011. An act to extend the deadline ucts, natural gas, or related technology under the Federal Power Act applicable to INTRODUCTION OF BILLS AND to Iran. JOINT RESOLUTIONS the construction of a hydroelectric project in S. 1233 the State of Ohio. The following bills and joint resolu- At the request of Ms. MIKULSKI, the H.R. 1051. An act to provide for the exten- tions were introduced, read the first sion of certain hydroelectric projects located name of the Senator from Hawaii [Mr. in the State of West Virginia. and second time by unanimous con- INOUYE] was added as a cosponsor of S. H.R. 1290. An act to reinstate the permit sent, and referred as indicated: 1233, a bill to assure equitable coverage for, and extend the deadline under the Fed- By Mr. DASCHLE: and treatment of emergency services eral Power Act applicable to the construc- S. 1410. A bill making further continuing under health plans. tion of, a hydroelectric project in Oregon, appropriations for fiscal year 1996; read the S. 1271 and for other purposes. first time. H.R. 1335. An act to provide for the exten- S. 1411. A bill making further continuing At the request of Mr. CRAIG, the sion of a hydroelectric project located in the appropriations for fiscal year 1996; read the name of the Senator from Wyoming State of West Virginia. first time. [Mr. THOMAS] was added as a cosponsor H.R. 1366. An act to authorize the exten- f of S. 1271, a bill to amend the Nuclear sion of time limitation for the FERC-issued Waste Policy Act of 1982. hydroelectric license for the Mount Hope ADDITIONAL COSPONSORS S. 1316 Waterpower Project. H.R. 2204. An act to extend and reauthorize S. 660 At the request of Mr. KEMPTHORNE, the Defense Production Act of 1950, and for At the request of Mr. BOND, his name the names of the Senator from Michi- other purposes. was added as a cosponsor of S. 660, a gan [Mr. ABRAHAM], the Senator from November 14, 1995 CONGRESSIONAL RECORD — SENATE S 17039

Massachusetts [Mr. KENNEDY], the Sen- Jewish state. He studied in an agricul- images, such as the famous handshake ator from Indiana [Mr. LUGAR], the tural school, with the expectation of with Yasser Arafat on the White House Senator from Nevada [Mr. BRYAN], the working the land with his bare hands. lawn, and the appearance with King Senator from Pennsylvania [Mr. But Rabin felt a sense of duty to the Hussein of Jordan at a joint session of SANTORUM], the Senator from Arkansas cause of building Israel, and he put his Congress. [Mr. PRYOR], and the Senator from own ambitions aside to fight for its The common thread through all Delaware [Mr. ROTH] were added as co- birth. He joined the Palmach, the fore- these various experiences was an sponsors of S. 1316, a bill to reauthorize runner of the Israel defense forces, to unshakable commitment to the secu- and amend title XIV of the Public fight for Israel’s establishment. A fine rity and well-being of the State of Is- Health Service Act (commonly known soldier, he was quickly elevated to rael. At every stage of his life—from as the ‘‘Safe Drinking Water Act’’), and command-level positions, and he led young soldier fighting for his nation’s for other purposes. the battalion that secured the crucial survival, to confident commander of a S. 1329 Jerusalem-Tel Aviv road during Isra- strong army, to diplomat reaching out At the request of Mr. DOLE, the name el’s War of Independence in 1948. to broader ties with the world, and fi- of the Senator from Alaska [Mr. STE- After Israel’s founding, Rabin rose nally to statesman leading his nation VENS] was added as a cosponsor of S. through the ranks of the Israel defense to make peace with old foes—he was 1329, a bill to amend title 38, United forces, finally being named Chief of motivated by a desire to build a better, States Code, to provide for educational Staff. To Israel’s good fortune, he held more secure, more peaceful life for his assistance to veterans, and for other that position in June of 1967, when he people. purposes. led Israel to a stunning victory in the Yitzhak Rabin was a man of great in- Six-Day War over three Arab armies tegrity. He spoke plainly and made no S. 1346 threatening the Jewish State. He was pretense about his overriding concern: At the request of Mr. ABRAHAM, the one of the first Israelis to walk the name of the Senator from Wyoming the security of the State of Israel and streets of the reunited city of Jerusa- its people. But, blessed with strength [Mr. SIMPSON] was added as a cosponsor lem, and the pictures of him arriving of S. 1346, a bill to require the periodic of character and a keen intellect, he at the Western Wall of the Temple are review of Federal regulations. was able to adjust his understanding of to this day among the most moving im- what Israel’s security required accord- SENATE RESOLUTION 146 ages in Israel’s history. ing to changing conditions. At the request of Mr. JOHNSTON, the In the aftermath of this great vic- In 1948 and 1967, for example, he knew names of the Senator from North Da- tory, he retired from the military and that Israel’s survival required an all- kota [Mr. CONRAD] and the Senator became Israel’s Ambassador to the out military effort. In later years he from Alaska [Mr. STEVENS] were added United States. He sought this post, he understood the need to maintain Isra- as cosponsors of Senate Resolution 146, explained, because he felt that Israel’s el’s world-class military and the imper- a resolution designating the week be- future could best be secured by a ative of a strong alliance with the ginning November 19, 1995, and the strong partnership with the United United States. week beginning on November 24, 1996, States. More than any other individual For many years after the Six-Day as ‘‘National Family Week,’’ and for in either country, Yitzhak Rabin envi- War, he had been an advocate of Israel other purposes. sioned the deep friendship that now ex- retaining all of the West Bank and f ists between the United States and Is- Gaza. But as the intifada went on, the rael, and worked to make it a reality. destructive effects of the continuation ADDITIONAL STATEMENTS It is fitting that in his final years as of Israeli control over a hostile, embit- Prime Minister, he enjoyed a relation- tered population of nearly 2 million ship with an American President that TRIBUTE TO PRIME MINISTER Palestinians became clearer to him. surpassed perhaps what even he had Over time, and not without dif- YITZHAK RABIN imagined possible. ficulty, he came to the understanding ∑ Mrs. FEINSTEIN. Mr. President, I In 1974, in the aftermath of the Yom that Israel’s long-term survival as a rise today in deep sorrow to pay a trib- Kippur War that brought down the gov- Jewish state would be jeopardized by ute to Israeli Prime Minister Yitzhak ernment of Golda Meir, Yitzhak Rabin the continued domination of another Rabin, who was assassinated in Tel became Prime Minister of Israel. Dur- people. He was not naive. He recognized Aviv 10 days ago. ing his tenure in office, he forged an that there were risks involved with It is difficult to imagine the State of early path in Middle East peacemaking reaching out to old enemies. But his Israel without Yitzhak Rabin. His last by negotiating disengagement agree- pragmatic understanding of Israel’s years as Prime Minister were so mo- ments with both Egypt and Syria. Fol- own needs led to the historic agree- mentous that it is easy to forget that lowing the Labor party’s defeat to ment between Israel and the Palestin- Yitzhak Rabin was not just present, Likud in 1977, Prime Minister ians. but played a central role, in virtually Menachem Begin and Egyptian Presi- In his final speech to the Israeli peo- every major event in Israel’s brief, but dent Anwar Sadat built on the success- ple, at the peace rally where he was cut dramatic, history. ful disengagement negotiations to down, Yitzhak Rabin explained how he For many Israelis, Yitzhak Rabin reach a full peace treaty. had come to reassess Israel’s situation. was a father figure—a constant pres- In 1984, Yitzhak Rabin returned to He said: ence throughout their lives, and a the Cabinet as Israel’s Defense Min- I was a military man for 27 years. I fought source of strength. The profound love, ister. In the first year, he helped to ar- so long as there was no chance for peace. I admiration, and respect that his com- range the withdrawal of the Israeli believe that there is now a chance for peace, patriots felt for him was made clear by Army from most of Lebanon, following a great chance. We must take advantage of it the tremendous, spontaneous outpour- a costly and painful invasion. In 1987 for the sake of those standing here and for ing of grief upon his sudden death: Can- and 1988, he was confronted by the Pal- those who are not here—and they are many. dlelight vigils cropped up all across the estinian uprising, or intifada, and the I say this to you as one who was a military man, someone who is today Minister of De- country; men and women stood crying daily battles between Israeli soldiers fense and sees the pain of the families of the in the streets in shock and disbelief; and Palestinian youths. Israel Defense Forces soldiers. For them, for and 1 million Israelis—20 percent of the Finally, in 1992, Yitzhak Rabin re- our children, in my case for our grand- population—filed past his coffin in a 24- turned victorious to the Prime Min- children, I want this government to exhaust hour period to pay their last respects. istership. He quickly recognized the op- every opening, every possibility to promote For Israelis, Yitzhak Rabin had sim- portunity to achieve a breakthrough in and achieve a comprehensive peace. ply always been there. the stalled negotiations between Israel Yitzhak Rabin was a pragmatist, not Born in 1922 in Jerusalem to recent and its neighbors. The results included a starry-eyed idealist. But through his immigrants to Palestine, the young the historic agreements between Israel pragmatism, he reached a visionary Yitzhak Rabin was part of the genera- and the Palestinians, the peace treaty conclusion. This man, who cared so tion that built the foundation of the with Jordan, and many unforgettable deeply for every Israeli soldier who fell S 17040 CONGRESSIONAL RECORD — SENATE November 14, 1995 in battle, for every victim of terror, will place support for Israel’s peace ef- tired from the U.S. Marine Corps. Gen- knew that when an opportunity for forts above partisan or political dis- eral Keys was awarded the Distin- peace presented itself, he must seize it. putes. Bringing peace to Israel and the guished Service Medal in recognition of A pragmatic conclusion to be sure, but Middle East—which was Rabin’s life’s his exceptional service during the last also a morally-centered one. work—deserves to be such a priority. If few years of his long career. From the I was privileged to attend Yitzhak we fail to do this, all our words and jungles of Vietnam to the sands of Ku- Rabin’s funeral last week in Jerusalem, tributes in praise of Yitzhak Rabin will wait, General Keys answered the call the city of his birth. He is buried ring hollow. to duty, and today, on behalf of all among Israel’s fallen heroes on Mount Let us also commit ourselves to con- Senators, I pause to thank him. Herzl, and there could be no more ap- demning violence and the incendiary Mr. President, I ask unanimous con- propriate place. He was a patriot and rhetoric of extremists, wherever we sent that the full text of his award ci- hero for Israel as a soldier and a leader, find it. The painful lesson of Rabin’s tation be printed in the RECORD. in wars of survival and in the struggle death is that violent words can indeed The text of the citation follows: for peace. have violent consequences. Tragically, CITATION TO ACCOMPANY THE AWARD OF THE The funeral was a powerful testi- ‘‘Death to Rabin’’ was not just a slo- DEFENSE DISTINGUISHED SERVICE MEDAL TO mony to his achievements. Yitzhak gan. It is up to all of us to isolate those WILLIAM M. KEYS Rabin, the military hero, was saluted who use such words. Lieutenant General William M. Keys, Unit- by weeping soldiers, and buried with Israel and the world have lived 10 ed States Marine Corps, distinguished him- full military honors. Yitzhak Rabin, days without Yitzhak Rabin, and we self by exceptionally distinguished service as the peacemaker, was honored by the are far poorer for his loss. While the Commander, United States Marine Forces, Atlantic, from June 1991 to July 1994. Gen- entire world. Dozens of heads of state pain does not fade easily, his memory eral Keys displayed dynamic leadership, doc- and foreign dignitaries, from every cor- can be a source of comfort. This past trinal and operational boldness, and dogged ner of the globe, came to pay their re- Sunday night, at the conclusion of the determination in aggressively pursuing ini- spects. There could be no greater evi- 7-day mourning period, tens of thou- tiatives that enhanced the Force’s ability to dence of the incredible progress made sands of Israelis returned to the site of successfully prevail on the joint battlefield. by Yitzhak Rabin toward peace and his assassination—renamed Yitzhak He significantly improved the Commanders- ending Israel’s isolation. Rabin Square—and sang songs of peace in-Chiefs ability to best utilize the oper- Most inspiring of all was the presence in his honor. ational capabilities of all the forces avail- For Israel, for the Jewish people, and able. With the establishment of the United of leaders from seven Arab countries— States Atlantic Command (USACOM) as the Jordan, Egypt, Morocco, Tunisia, for all who loved and respected Yitzhak joint force integrator for CONUS-based Qatar, Oman, and Mauritania—and the Rabin, may his memory be a blessing. forces, General Keys’ leadership was crucial Palestinian Authority. Such a thing In death as in life, may he give hope in shaping and defining many joint warfare could not have happened even 3 years and strength to his people.∑ concepts, including the standardized devel- ago. The peace that Yitzhak Rabin was f opment of the Joint Air Force Component striving to build was brought to life by Commander (JFACC) concept within the presence of President Mubarak of RECOGNITION OF MINNESOTA USACOM and United States Pacific Com- TEACHER OF THE YEAR mand. As Joint Task Force Commander for Egypt, on his first visit to Israel, and Ocean Venture 92, he built upon improved by Jordan’s King Hussein, who called ∑ Mr. GRAMS. Mr. President, I would communications capabilities and better joint Rabin ‘‘my brother.’’ like to take this opportunity to recog- tactics, techniques, and procedures within It now falls to Shimon Peres, Israel’s nize an outstanding Minnesotan who the JFACC/JTCB. He also played a key role acting Prime Minister, to continue the has been chosen as Minnesota’s in the development of joint training con- work of his partner, Yitzhak Rabin. Is- ‘‘Teacher of the Year.’’ cepts and exercise schedules currently rael is fortunate to have such a wise A resident of Owatonna, MN, Donald emerging from USACOM. The distinctive ac- and capable leader ready to step in to Johnson has been teaching for more complishments of General Keys culminate a the void created by this tragedy. than 27 years. This year he was se- distinguished career in the service of his country and reflect great credit upon him- Shimon Peres has served Israel with lected as teacher of the year for his sig- self, the United States Marine Corps, and the distinction over many years as Prime nificant contributions to education. Department of Defense.∑ Described by his principal at Minister, Foreign Minister, Defense f Minister, and many other posts. Owatonna Senior High School as a Shimon Peres is in many ways the teacher who ‘‘lights up the classroom,’’ LIECHTENSTEIN-BASED LOTTERY architect of the Israeli-Palestinian Mr. Johnson specializes in history with ROLLS OUT ON INTERNET agreements, and his commitment to a focus on American, European, art, ∑ Mr. LUGAR. Mr. President, I ask achieving a comprehensive peace that and religious history. that the following article be printed in Known for his quick wit and sense of protects Israel’s security is unques- the RECORD. tioned. If there is any consolation in humor, Mr. Johnson never shrinks The article follows: from a challenge and never settles for this time of grief, it is that Yitzhak [From Reuters News Service, Oct. 3, 1995] Rabin’s partner, Shimon Peres, who the old way of teaching. He is always LIECHTENSTEIN-BASED LOTTERY ROLLS OUT looking for new and innovative cur- shared Rabin’s vision, will be able to ON INTERNET carry that vision forward. riculum to challenge himself and bring LONDON.—A new international lottery, li- As the tributes to Yitzhak Rabin out the best in his students. censed by the government of the tiny Euro- continue to flow forth from around the Teachers like Donald Johnson rep- pean principality of Liechtenstein, was world, we must rededicate ourselves to resent the key to America’s future. As launched via the Internet Tuesday. supporting Israel in its pursuit of our children face the challenges of the InterLotto will give the world’s 50 million peace. It is a sad irony that at the mo- 21st century, it is dedicated educators Internet users the opportunity every week to ment of Yitzhak Rabin’s death, Con- like Mr. Johnson who accept the chal- win a jackpot of at least $1 million by dial- gress had allowed the Middle East lenge of turning the young people of ling up a new World Wide Web page on the today into the leaders of tomorrow. Internet computer network. Peace Facilitation Act—which Rabin ‘‘It is the first government-licensed lottery considered essential to the success of Mr. President, I hope that you and on the Internet,’’ David Vanrenen, chairman his peace policies—to lapse. the rest of our Senate colleagues will of the International Lottery in Liech- While this problem was rectified fol- join me in congratulating one of Amer- tenstein Foundation, told a news conference. lowing the funeral, we know that Con- ica’s outstanding educators.∑ The launch in London, headquarters of the gress will have many future opportuni- f computer services firm Micro Media Services ties to express support for the peace Ltd, which provides the hardware and tech- process. When we fail to do so, we un- TRIBUTE TO LT. GEN. WILLIAM M. nology for InterLotto, came on the heels of KEYS controversy over Britain’s National Lottery. dermine Israel’s peace efforts and dis- The opposition Labor Party Monday criti- honor Yitzhak Rabin’s legacy. ∑ Mr. LEAHY. Mr. President, I rise to cized the National Lottery for making prof- Let us commit to one another and to pay tribute to a great American, Lt. its and there have been jibes that the lottery the memory of Yitzhak Rabin, that we Gen. William M. Keys, who recently re- funds elitist causes. November 14, 1995 CONGRESSIONAL RECORD — SENATE S 17041 Interlotto officials said players could Kennedy amendment to limit the cap- make the $500 per child family tax nominate charities to receive awards. At ital gains tax reduction; the Lauten- credit refundable against employee- least five percent of InterLotto revenues will berg amendment to prohibit high-in- paid payroll taxes by limiting the tax go to charity initially with 65 percent going come people from benefiting from the credit to children under 16 years of age in prize money and the rest going toward paying costs. lower taxes; the Baucus amendment to and phasing it out to families with in- ‘‘Every time you book a ticket, you enter strip out the tax cuts in order to avoid comes between $60,000 and $75,000. As I a nomination for a charity,’’ Vanrenen said. any reductions in spending that might noted at the time, I support making The foundation, authorized and controlled impact rural America; the Simon- the $500 family tax credit refundable by the Liechtenstein government, is operat- Conrad substitute amendment to strike against employee-paid payroll taxes. ing InterLotto. the tax cuts and entitlement reforms; Nevertheless, I opposed this amend- Liechtenstein, a tax-free country of 30,000 residents wedged between Switzerland and and the Byrd amendment to strike the ment because it would unfairly exclude Austria, will not receive any money from the tax cuts altogether. many middle-class families who also lottery which is non-profit-making. As I have said previously, I fully sup- need this relief. In my State of Michi- The government will select charities to re- port providing American families and gan, there are many families where ceive donations. Ticket purchasers will then businesses with this modest tax cut. both the husband and the wife work. vote to decide which of the selected groups The Republican budget projects that It’s not hard to imagine a family where receive funds. Organizers hope to sell one the Federal Government will spend the husband is an auto worker, the wife million tickets a week by the end of the about $12 trillion over the next 7 years. year. is a teacher, and their combined in- The British National Lottery donates 28 The tax cut included in this bill would comes are well above the arbitrary cut- percent of its revenues to good causes and return to the taxpayers just a fraction off established by the Breaux amend- charities. Like most other government-run of that amount. This is certainly rea- ment. Furthermore, there are many lotteries in Europe, the British lottery pays sonable, especially considering the pri- families with children aged 16 or 17 who out 50 percent of revenues in prize money.∑ mary beneficiaries of these tax cuts are will also lose out under the Breaux f low- and middle-income families—fam- amendment. I should point out that ilies that have seen their Federal tax teenagers are just as expensive as BUDGET RECONCILIATION VOTES burden rise dramatically over the past younger children—if not more; I don’t ∑ Mr. ABRAHAM. Mr. President, dur- 40 years. need to remind anyone just how much ing consideration of the Budget Rec- Mr. President, let me comment on college costs these days, or car insur- onciliation Act of 1995, the Senate con- the Rockefeller motion in particular. ance for that matter. Parents of chil- ducted a remarkable number of rollcall The effort to tie the tax cuts included dren aged 16 and 17 are struggling to votes, including a record 39 votes on in the budget reconciliation bill with make ends meet too, and they need the Friday, October 27. I want to take some the necessary reforms made to Medi- tax relief the Breaux amendment would time now to discuss several of the more care is disingenuous. With or without take from them. It is my hope that critical votes about which I was unable tax cuts, the Medicare trustees have FICA refundability will be raised dur- to comment at the time. stated in no uncertain terms that the ing conference and that a solution will First of all, Mr. President, I gen- Medicare trust fund will go insolvent be adopted to provid tax relief to as erally voted against motions to waive in 2002. The Senate reconciliation bill many American families as possible. the Budget Act for amendments that makes the fundamental reforms nec- Another group of amendments relat- resulted in higher deficits and amend- essary to keep Medicare solvent and it ed to Medicare, Medicaid, and other ments to strike budget savings in the lays the foundation for long-term re- health related matters. Senator GRA bill because they would have moved us - form of the Medicare system. These re- HAM of Florida offered a motion to re- away from the goal of balancing the forms have nothing to do with any tax budget by the year 2002. These amend- commit the reconciliation bill to the cuts included in the bill and everything Finance Committee in an effort to re- ments included the Jeffords amend- to do with preserving Medicare for fu- ment on two-part dairy, the Specter instate the Federal entitlement and re- ture generations. duce the level of savings from the Med- amendment to strike all of the savings Mr. President, there were a few icaid program proposed in the Repub- derived from the Medicare dispropor- amendments offered that pertained to lican bill. This was, in essence, a killer tionate share payments, and the Moy- the treatment of low-income families. I amendment. As with the Rockefeller nihan amendment to strike the indi- opposed Senator BRADLEY’S motion to Medicare motion to recommit, the Gra- rect medical payments provisions. increase spending for the earned in- ham amendment struck at the core of Aside from the respective merits of come tax credit by raising unspecified our efforts to balance the Federal each amendment, their adoption would taxes. While the basic premise and budget by the year 2002. have resulted in a deficit in the year goals of the earned income tax credit 2002, taking the reconciliation package are sound, it is apparent that the pro- Republicans believe it is time to end out of balance and causing us to miss gram is in need of reform. As was stat- the Washington knows best mentality our primary goal in this budget proc- ed clearly during the debate, the EITC that dominates our budget policies and ess—enactment of a balanced budget. has suffered in recent years from fraud programs. Under our budget, we want Second, I voted against amendments and abuse. According to the Govern- to give the States more control over to roll back the $245 billion in tax relief mental Accounting Office, the EITC the Medicaid Program in exchange for for middle-class families and small has an error and fraud rate of between an overall reduction in the growth rate businesses. As I have noted previously, 30 and 40 percent. Aside from cheating of the program. The States have proven as a consequence of the $900 billion in the taxpayers, this problem is also that they can deliver government serv- savings generated from our budget over cheating deserving families from re- ices more efficiently and at less cost if 7 years, the Congressional Budget Of- ceiving payments for which they are el- they are given the freedom to do so. fice estimates that an economic divi- igible. The Republican bill does that by plac- dend will accrue to the Federal Govern- Under this budget, spending on the ing fewer strings on the funds it pro- ment. In my mind, this tiny surplus be- ETIC Program will continue to in- vides to the States while focusing its longs to the taxpayers who make all crease, from $19.8 billion this year to resources on those workers on the the other Government programs pos- $22.8 billion in 2002. As a result, the frontlines—providing direct assistance sible, and for that reason, I opposed all maximum credit available to low-in- to the needy. amendments to reduce the size of the come families with two children will There were separate amendments of- tax cut. These amendments included increase from $3,110 this year to $3,888 fered by Senators CHAFEE and DODD re- the Rockefeller motion to reduce the in the year 2002. Contrary to what was lated to Medicaid eligibility issues. I savings from Medicare to $89 billion argued during debate, EITC payments voted to maintain the Medicaid eligi- and to offset this reduction by reducing don’t go down under this legislation, bility criteria already included in the the tax cuts by a like amount; the they go up. reconciliation bill by the Finance Com- Bumpers amendment to delay the tax Another amendment worth comment- mittee. The Chafee and Dodd amend- cut for 7 years; the Dorgan-Harkin- ing upon was the Breaux amendment to ments would have mandated to the S 17042 CONGRESSIONAL RECORD — SENATE November 14, 1995 States to cover certain classes of indi- toric residents of Alaska’s North Slope; herself to improving the quality of life viduals under the State-run Medicaid they are subsistence hunters who live in Hawaii. Ms. Onouye serves on the Program. Again, this runs counter to off the land. Proceeds from oil produc- boards of the Variety School, the Girl our effort to provide States with more tion means good schools, medical serv- Scout Council of Hawaii, the Great flexibility—not less. ices, and a better standard of living for Aloha Run, and Hawaii Maritime Cen- A similar amendment was offered by them and their children. ter, and the USO Golf Tournament. Senator PRYOR. His amendment would Furthermore, responsible develop- Gretchen R. Neal is a dedicated have extended existing Medicaid stand- ment of these oilfields is in Alaska’s health care provider. Ms. Neal, whose ards with regard to nursing home fa- and the Nation’s best interest. Alaska’s goal from childhood was to be a nurse, cilities. At the time of the vote, it was current production facility at Prudhoe was the first female to enter the my understanding that the Senate Bay, which provides more than 20 per- Health Services Administration mas- leadership would offer a subsequent cent of domestic oil, is in decline. The ters program at the University of Ha- amendment addressing the concerns State’s revenues from oil are projected waii at Manoa. She has been actively raised by the Senator from Arkansas. to fall from more than $2 billion today involved with the Girl Scouts through- This amendment was offered and ac- to $700 million in 2010. This could cause out her life. cepted, and it ensures that Federal a grave fiscal crisis for Alaska. By con- Sibyl Nyborg Heide is an important nursing home standards remain the trast, if a commercial field is discov- benefactor in the local community. minimum protection level afforded to ered projected Federal revenues could She, too, has been actively involved nursing home residents. Under this approach $40 billion. with the Girl Scouts throughout her amendment, States may receive a Finally, it should be noted that the life. waiver from Federal requirements, but Eskimos, who are dependent on the For all that they do for the commu- only if the Secretary of Health and Caribou, fish, and other wildlife, be- nity, and especially for young women, Human Services determines that the lieve that opening the refuge is com- these four women deserve our respect State’s regulations are as tough—or patible with their lifestyle and crucial and admiration.∑ tougher—than Federal regulations. to their survival. f With the understanding that this For these reasons, I support the ex- amendment would be offered, I voted ploration of the coastal plain. I believe IMMIGRATION REFORM exploration can be done in a manner against the Pryor amendment. ∑ Mr. ABRAHAM. Mr. President, I Mr. President, another amendment that protects the environment and also would like to bring to the attention of worthy of note was the Kassebaum provides needed economic develop- my Senate colleagues an important ar- amendment to restore funding to the ment. ticle prepared by Stuart Anderson and A final tax matter which was ad- school loan program. I had an oppor- Steve Moore of the Cato Institute enti- dressed during debate was the Specter tunity to address these issues first as a tled ‘‘GOP Breaches of Contract.’’ This amendment supporting replacing the member of the Senate Labor Commit- piece explains why the immigration re- current Tax Code with a flat tax. As an tee. At that time, we were confronted form bill moving through the House extraneous matter, this amendment with the need to meet our reconcili- violates the core principles of more was subject to a point of order. I voted ation instructions by reducing the cost freedom and less government that form to sustain this point of order, but I of the school loan program. While the the basis of the GOP’s Contract With want to emphasize that this vote committee met its instruction by America. I would also like to highlight should not be interpreted as opposition choosing the most acceptable of unde- a recent statement signed by several to the idea of the flat tax—but rather sirable alternatives, several of my col- business leaders on the need to main- opposition to including it on this vehi- leagues and I promised to work to re- tain America’s historic commitment to cle at this time. I agree with Senator duce the impact these cuts would have legal immigration. As we begin debate SPECTER that our current Tax Code is on students and their parents. The re- on immigration legislation here in the too complex and inefficient and needs sult of this effort was the Kassenbaum Senate, I would urge my colleagues to to be replaced, and I support inves- amendment to strike provisions elimi- consider this information carefully. I tigating the benefits of all of the pro- nating the 6-month grace period for ask that these materials be printed in posed reforms that have been put for- student, imposing a loan fee on institu- the RECORD. ward, including a flat tax. tions, and increasing the interest rate ∑ The material follows: on PLUS loans. This amendment effec- f [From the Washington Times, Nov. 6, 1995] tively shielded college students from increased out-of-pocket costs, and I WOMEN OF DISTINCTION—1995 GOP BREACHES OF ‘CONTRACT’? was pleased to see it adopted. ∑ Mr. INOUYE. Mr. President, I rise to (By Stuart Anderson and Stephen Moore) Senator BIDEN offered President Clin- pay a tribute to three individuals who The ‘‘Contract With America’’ was not ton’s education tax credit proposal as were named the 1995 Women of Distinc- simply a list of 10 bills to be voted upon, but an amendment to the bill. I voted tion by the Girl Scout Council of Ha- rather it represented the governing philoso- waii. These women, Gladys Ainoa phy of the Republican Party. Unfortunately, against it because the reconciliation the immigration bill recently voted out of bill already includes a student loan tax Brandt, Carole Kai Onouye, Gretchen the House Judiciary Committee, with unani- credit of up to $500 for middle-class R. Neal, as well as Sibyl Nyborg Heide, mous Republican support, violates the four families. Our plan also provides consid- the Girl Scout Council of Hawaii’s 1995 key precepts of the ‘‘Contract with Amer- erable additional relief to those fami- Living Treasure, have impressive ica.’’ lies struggling to find enough resources records of service to the community (1) Family values. The Contract states: in their limited family budget to cover that more than justify this great ‘‘The American family is at the very heart of the rising costs of college. honor. They are outstanding role mod- our society. It is through the family that we learn values like responsibility, morality, Senator BAUCUS offered an amend- els for young women in the State of commitment, and faith.’’ The House immi- ment to strike the ANWAR provisions Hawaii. gration bill, H.R. 2202, strikes at the heart of of the bill. I support responsible, envi- Gladys Ainoa Brandt, an outstanding family unification by preventing brothers, ronmentally controlled efforts to ex- educator and community volunteer, sisters and nearly all adult children from plore and develop certain wilderness has committed herself to improving joining their families here in the United areas and, for that reason, I voted to the quality of education in Hawaii. Ms. States. table this amendment. Brandt held a wide range of positions A guarantee to admit 25,000 eligible par- It is important to note that, on this in the field of education, from class- ents annually (half the current yearly total) issue, the State of Alaska and its citi- room teaching to chairwoman of the was included in the bill, but only after an zens have spoken out. The Eskimos and outside analysis confirmed that no parents University of Hawaii Board of Regents. could have immigrated if the bill had passed Alaska’s elected representatives recog- She has exemplified the very best in without amendment. But the bill contains a nize the potential benefits of develop- public education. new obstacle for parents—only those who ment and support exploration of the re- Carole Kai Onouye, an inspirational purchase nursing home and Medicare-com- gion. The Inupiat Eskimos are the his- champion of Hawaii’s charities, devotes parable health insurance will be allowed to November 14, 1995 CONGRESSIONAL RECORD — SENATE S 17043 immigrate. That leaves only spouses and system will not work without some type of of immigration are no liability; they are part minor children, who could immigrate only if national ID card. of America’s strength. their sponsors meet new income require- Supporters of smaller government and John Whitehead, former co-chairman, ments. family values will find that the House immi- Goldman Sachs, former deputy secretary of (2) Fiscal responsibility. ‘‘Controlling gration bill violates the spirit, indeed the es- state spending is the primary means to controlling sence, of the Contract. It also contradicts George Soros, president, Soros Fund Man- the deficit,’’ states the Contract, yet the Majority Leader Dick Armey’s vision of a agement House immigration bill carries several big freedom revolution and Speaker Newt Ging- Kenneth Tomlinson, editor-in-chief, Read- ticket items. First, up to $80 million would rich’s desire to create a ‘‘Conservative Op- er’s Digest, former Director, Voice of Amer- be needed to return fees paid by petitioners portunity Society.’’ The immigration bill’s ica whose siblings or adult children have re- provisions against families, the mandates on Richard Gilder, Gilder, Gagnon and Howe ceived permission to immigrate but who will businesses, cities and states, and the specter Lewis Eisenberg, co-chairman, Granite be cut off the waiting list if the bill passes in of creating yet another uncontrollable gov- Capital International Group its present form. Second, estimates by the ernment program should give pause to re- Cliff Sobel, CEO, Bon Art International Cato Institute, the Immigration and Natu- formers. These measures would represent Ed Zschau, International Business Ma- ralization Service, and the Social Security business as usual, not the Republican Revo- chines Administration reveal that hundreds of mil- lution promised by the ‘‘Contract With Donna Fitzpatrick, president and CEO, Ra- lions of dollars would eventually be needed America.’’ diance Services Company to pay new and current federal bureaucrats Dr. J. Robert Beyster, chairman and CEO, to staff, maintain and clean up the proposed [From the Alexis de Tocqueville Institution, Science Applications International Corpora- computer verification system. The system is Arlington, VA] tion Lawrence Hunter, president, Business designed to check the legal status of new pri- BUSINESS: IMMIGRATION HELPS NOT HURTS vate and public sector hires via telephone or Leadership Council We are concerned that legislation on immi- Barton M. Biggs, chairman, Morgan Stan- modem. Third, the federal government will gration before the Congress will signifi- ley assume the potentially quite large liability cantly damage U.S. economic growth, jobs, Jerry Junkins, chairman, President and for compensating any individual who loses a and competitiveness. It seems to proceed CEO, Texas Instruments job or wages from being wrongfully denied from the assumption that immigration is a T.J. Rodgers, president and CEO, Cypress employment due to an error under the new mild ill which can only be tolerated to a de- Semiconductor employment verification system. gree. Yet far from being a drain on U.S. soci- Felix Rohatyn, managing director, Lazard (3) Rolling back government regulations. ety or the economy, immigrants are a vital Freres & Co. The Contract notes, ‘‘To free Americans engine. Mortimer Zuckerman, chairman and edi- from bureaucratic red tape, we will require Immigrants generally pay more to the U.S. tor-in-chief, U.S. News and World Report every new regulation to stand a new test: government in taxes than they use in serv- Lee Iacococca Does it provide benefits worth the cost? To ices, as a number of studies have shown. In Thomas Weisel, chairman, Montgomery help our cities and states, we will ban un- fact, a sudden drop in immigration levels Securities∑ funded mandates.’’ The bill’s various new would sharply reduce Social Security reve- f mandates on cities, counties and states, in- nues. cluding requiring such entities to verify new Immigrants play a key role in product and ORDERS FOR WEDNESDAY, hires through a federal computer system, technological development, the cutting edge NOVEMBER 15, 1995 violate the intent of the recently passed Un- of U.S. industrial growth. Many of our fast- funded Mandates Reform Act, which requires est-growing firms, and largest exporters, em- Mr. DOLE. Mr. President, I ask unan- that new mandates be paid for. ploy a significant share of immigrants in re- imous consent that when the Senate According to the Justice Department re- search and overseas marketing. Most of completes its business today, it stand port on the nine-company pilot project that them cannot be replaced, and their loss in adjournment until the hour of 12 the bill’s new computer system is based would mean the loss of thousands of other noon, Wednesday, November 15; that upon, compliance cost for companies using jobs for Americans. Each year, many immi- the system has averaged $5,000 annually. following the prayer, the Journal of grants, some of them at our firms, obtain the proceedings be deemed approved to During the Judiciary Committee markup, patents for products and processes that gen- Republicans defeated an amendment to stop erate jobs, growth, indeed entire industries. date, no resolutions come over under the computer system if a GAO study found Immigrants own a significant share of the rule, the call of the calendar be dis- the new program cost small businesses more small businesses. These small businesses are pensed with, the morning hour be than $5,000 a year to implement. However, the engine of jobs growth in the U.S.: As a deemed to have expired, the time for even this figure understates the true cost to number of studies have shown, a large num- the two leaders be reserved for their businesses, since the pilot project allowed ber of new jobs are generated by the smallest use later in the day. companies to check the legal status of only U.S. firms. Often these small operations be- self-identified immigrants, while the House The PRESIDING OFFICER. Without come the driving force by which whole com- objection, it is so ordered. bill requires companies to check citizens as munities and cities are revived: Cuban re- well. As for the cost-benefit analysis for new newal of Jersey City; the Vietnamese cor- Mr. DOLE. Mr. President, I ask fur- regulations recommended in the Contract, ridor of Arlington, Virginia; prosperous ther that tomorrow, from 12 to 12:30, any benefit from this new system is only hy- Asian communities throughout California. there be a period for morning business, pothetical, since there is no evidence this On balance, a survey of Nobel economists with a 5-minute time limitation. new mandate on businesses will reduce ille- released by the Alexis de Tocqueville Insti- The PRESIDING OFFICER. Without gal immigration. tution showed near-unanimous agreement objection, it is so ordered. (4) Individual liberty. The Contract criti- immigration is a major economic plus. cized the ‘‘Clinton Congress’’ when it argued, Of course, we believe measures to increase f ‘‘Big Brother is alive and well through myr- the costs and complexity of hiring immi- PROGRAM iad government programs.’’ In committee, grants, and to reduce ceilings on such Ohio Republican Rep. Steve Chabot at- hirings, and other measures pose a special Mr. DOLE. Mr. President, we hope to tempted to delete the computer system from threat to American competitiveness. But we turn to S. 908 tomorrow, the State De- the bill, calling it 1–800–BIG BROTHER, but recognize that restrictions on family re-uni- partment reorganization bill, under a his effort lost on a 17–15 vote. He promises to fication, refugees, and other categories not 4-hour time limitation. It is also pos- fight the measure on the House floor. labeled as economic are vitally important as sible that the Senate may consider a Advocates of individual liberty should at well. Workers have husbands, wives and chil- continuing resolution or debt limit ex- least question any program that would cen- dren. Many present employers came to this tralize data on all Americans in a place country not as major business executives, tension, if received from the House. where future social engineers can wreak but as victims of persecution, famine or civil The Senate may also turn to any avail- havoc on the citizenry. Senate legislation at- war. If these categories, or general immigra- able appropriations conference reports. tempts to ensure that only Americans and tion levels, are reduced, economic immigra- I hope that we can go to S. 908. Cer- legal residents are listed in the computer tion will suffer, too. tainly, it has been controversial, and it system by requiring that everyone be U.S. immigration policy could certainly be has been discussed and discussed. I fingerprinted or provide other biometric improved, and illegal immigration brought think now we have some agreement be- data (such as a retina scan) to ‘‘personalize’’ under more reasonable control (without na- tween the Senator from North Caro- birth certificates by age 16. The House bill tional databases and i.d. cards). But the core moves in that direction by mandating a of any reform should involve extension and lina, Senator HELMS, and the Senator study of ‘‘counterfeit-resistant’’ birth cer- refinement of present immigration levels, from Massachusetts, Senator KERRY. If tificates. Moreover, at least one computer not tighter restrictions. And it should be we can complete that, it might free up system supporter in the House has said the based on the understanding that high levels some of the nominations and also some S 17044 CONGRESSIONAL RECORD — SENATE November 14, 1995 of the conferees that I understand are resolution, which will avoid any longer budget; since then, for 10 years, 9 years, being held because this has not been shutdown of the Government. 8 years, or 7 years, or maybe none of disposed of. We can check on that to- I believe much of what transpired, of the above, but he has indicated flexibil- morrow. course, will be up to the President of ity. I also indicate that, as far as this the United States. If he is prepared to If he is serious about a balanced Senator knows—we have checked on sign on to a 7-year balanced budget, budget amendment or getting a bal- then we can do business very quickly. the House side—there will not be a rea- anced budget by the year 2002, I see no As I said earlier, in a brief 5-minute son to stay in this evening. So there reason we cannot only pass a continu- appearance at the White House, I think will not be a CR coming to us from the ing resolution, but the debt ceiling ex- the President used the term ‘‘balanced tension very quickly. House. There was an offer made by budget’’ at least five, six, seven, eight Senator DOMENICI and Congressman times, about how strong he was for it, f KASICH to members from the White and that he wanted a balanced budget. ADJOURNMENT House representing the President ear- Well, if he wants a balanced budget, lier today. I am not certain if that then I see no reason he cannot accept Mr. DOLE. If there is no further busi- offer has been rejected. our proposal, which would eliminate ness to come before the Senate, I now In any event, we will be back tomor- the Medicare provision and keep some ask that the Senate stand in adjourn- row. It is my hope that we will con- of the spending restraints and also add ment under the previous order until 12 tinue to work, as we have today and balanced budget language. noon, Wednesday, November 15, 1995. yesterday and through the evening and I hope the President would look at it Thereupon, the Senate, at 7:37 p.m., past midnight last night, to come to carefully. He has indicated in the past, adjourned until Wednesday, November some agreement and pass a continuing in 1992, he was for a 5-year balanced 15, 1995, at 12 noon. November 14, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2173 EXTENSIONS OF REMARKS

INTRODUCTION OF LEGISLATION Reduce the need for expansion of current Mr. Speaker, had I not been detained, I TO AUTHORIZE THE SECRETARY drinking water and wastewater treatment facili- would have voted ``no'' on rollcall vote No. 788 OF THE INTERIOR TO PARTICI- ties' capacity. and ``yes'' on rollcall vote No. 789. PATE IN THE ALAMEDA COUNTY Based in part on the successful test of a f WASTEWATER REUSE PROJECT pilot scale facility, this project enjoys broad support from the cities, school districts, and CLINTON AND THE BUDGET HON. FORTNEY PETE STARK numerous industries, including high technology OF CALIFORNIA companies that depend on a reliable water HON. RON PACKARD IN THE HOUSE OF REPRESENTATIVES supply. The project is also endorsed by the OF CALIFORNIA Association of California Water Agencies. Tuesday, November 14, 1995 IN THE HOUSE OF REPRESENTATIVES As I said before, water demands are ex- Mr. STARK. Mr. Speaker, today I take great pected to increase significantly over the next Tuesday, November 14, 1995 pride in introducing legislation authorizing Fed- several years. With almost 85 percent of Mr. PACKARD. Mr. Speaker, it is clear that eral involvement in the design and construc- southern Alameda County's water supply im- tion of a water reuse project in southern Ala- President Clinton cares little about what the ported it is important that we recognize that American people want. The American people meda County. we need to leverage every possibility we have The Alameda County Water District and the want a balanced budget. They want Medicare to maximize our local water resources. The Al- Union Sanitary District provide drinking water saved. They want to look toward to a brighter ameda County wastewater reuse project pro- supplies and wastewater treatment services future. The continuing resolution my Repub- vides us with that opportunity. respectively to the California cities of Newark, lican colleagues and I passed is a down pay- The reclamation project has undergone nec- Fremont, and Union City. By the year 2030, ment on that future. essary studies and it is ready to proceed to the combined service area water demands are I have heard over and over again the rhet- design and construction. Only with Federal as- expected to increase by 44 percent. The an- oric on the catastrophic nature of a Govern- sistance can the project take the next step ticipated increase in demand, the scarcity of ment shutdown. Frankly Mr. Speaker, a Gov- and my legislation puts that in motion. available water supplies, and an increased ernment shutdown is not catastrophic, not bal- I look forward to working with my colleagues awareness of the importance of protecting our ancing the budget is. In fact, the vast majority on the Resources Committee on the legisla- natural resources led the two districts to form of people will not even notice the Government tion and hope they can support this key com- a joint program to develop and implement the is shut down. The mail will still be delivered. ponent of the San Francisco Bay area's water Alameda wastewater reuse project. Social Security checks will still go out, and air In order for this project to proceed, a limited resource management program. traffic will continue flow. amount of Federal assistance will be required. H.R.— The overwhelming majority of phone calls, It is for this reason that I, today, am introduc- Be it enacted by the Senate and House of Rep- faxes, and letters coming into my office on this ing legislation authorizing the water reuse resentatives of the United States of America in issue are very supportive. I received a fax Congress assembled, project for Federal assistance under title XVI from a senior citizen in my district that said SECTION 1. ALAMEDA COUNTY WASTEWATER ``Hang tough. Shut Government down. We of Public Law 102±575. REUSE PROJECT. seniors want a balanced budget in 7 years. In 1991, the Alameda County Water District (a) AUTHORIZATION.—The Secretary of the and the Union Sanitary District jointly spon- Interior is authorized to enter into agree- And we want Medicare fixed, even if we have sored a water reuse survey to determine the ments under the Reclamation Wastewater to pay some increase for the sake of our kids potential for use of reclaimed water in south- and Groundwater Study and Facilities Act and grandkids. Hang tough!'' ern Alameda County. The survey concluded (43 U.S.C. 390h et seq.) with the Alameda Mr. Speaker, while the folks back home are that a water reuse project would provide an County Water District and the Union Sani- willing to hang tough, the President seems environmentally sound water resources man- tary District of Alameda County and other only willing to play golf. We've done our job.I appropriate authorities to participate in the urge the President to do his. agement program, facilitate continued eco- design, planning, and construction of water nomic activity and general growth in the com- reuse projects to treat effluent from the f munities, and also serve as a model for other Union Sanitary District, in order to— urban joint projects throughout the arid west. (1) provide new water supplies for indus- A VOICE FROM THE NEXT GEN- No less important, this project will complement trial, environmental, landscape, and other ERATION SPEAKS OUT ON PROP- other Federal, State, and local government ef- beneficial purposes; ERTY RIGHTS forts to restore San Francisco Bay's water (2) reduce the demand for potable imported quality. water; and HON. LAMAR S. SMITH In 1993, the two districts developed a re- (3) improve the water quality of the San Francisco Bay-Delta. OF TEXAS claimed water master plan. Based on the plan, (b) COST SHARE.—The Secretary’s share of IN THE HOUSE OF REPRESENTATIVES the two districts determined that design and costs associated with any project described construction of the Alameda County in subsection (a) shall not exceed 50 percent Tuesday, November 14, 1995 wastewater reuse project would be feasible of the total cost of that project. The Sec- Mr. SMITH of Texas. Mr. Speaker, I want to and would meet the objectives of ensuring a retary shall not provide funds for operation bring to the attention of the House an espe- sound and growing economy while promoting or maintenance of any such project. cially timely and articulate letter I received sound stewardship of limited water resources. f from Honey Suzanne Hastings, a young con- Specifically, the project would: PERSONAL EXPLANATION stituent. She describes the impact the Endan- Reduce demand on potable water supplies gered Species Act has had on her family as that could be used more efficiently for human SPEECH OF well as her own concerns regarding the weak- consumption and natural resource needs; ening of property rightsÐan issue of particular Reduce wastewater discharges into the San HON. JACK REED interest to me and to many of my constituents. Francisco Bay, thereby complementing re- OF RHODE ISLAND The letter is dated October 18, 1995, and gional, State, and Federal efforts to improve IN THE HOUSE OF REPRESENTATIVES reads in part: the bay-delta's water quality; Monday, November 13, 1995 DEAR REPRESENTATIVE SMITH: My name is Ensure a reliable water supply for industry Honey Suzanne Hastings. I am fourteen and other nonpotable purposes that will not be Mr. REED. Mr. Speaker, I was unavoidably years old and a freshman at Bandera High subject to cutbacks mandated by Federal and absent for rollcall vote Nos. 788 and 789 due School in Bandera, Texas. State requirements during periods of drought; to mechanical problems with my flight to In the past I have heard there was a con- and Washington. flict over property rights in Texas but it did

∑ 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 2174 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 1995 not really mean much to me until my par- ican Jewish Committee in congratulating Marty retirement, I would like to thank him for his ents bought some hill country land in a near- Stein as the 1995 Human Relations Award service to our community, and offer my best by country. winner. wishes for his future endeavors. It was their dream to retire and move out there when I graduate from high school, f f raise some livestock and live off the land. Soon after they bought the land they found TRIBUTE TO GARY WASHBURN VIGILANCE NEEDED AGAINST out that an endangered species would make TERRORISM it difficult for them to clear enough brush HON. KEN CALVERT and cedar for the animals to graze without OF CALIFORNIA breaking the law. HON. BENJAMIN A. GILMAN IN THE HOUSE OF REPRESENTATIVES My Dad and Grandpa both served their OF NEW YORK country in the military and have often told Tuesday, November 14, 1995 me how lucky we are to live in a free Amer- IN THE HOUSE OF REPRESENTATIVES Mr. CALVERT. Mr. Speaker, I take the floor ica. They have both chosen to live in Texas Tuesday, November 14, 1995 because of its great value of this freedom and of the House today to honor and praise the the opportunity to pioneer. lifelong dedication of a friend and public serv- Mr. GILMAN. Mr. Speaker, the events in This confusion over the rules about private ant of the great city of Lake Elsinore in Califor- Saudi Arabia with the deadly terrorist attack property rights is making it hard for my par- nia. The accomplishments of this individual on American military support personnel, which ents dreams to live off the land to come true, make me proud to call him my personal friend, resulted in the death of five innocent Ameri- and I hope that as my Representative you a fellow community member, and a fellow cans, and the wounding of many others, make will work hard to make sure that my folks American. His love for his family as a father and others like them do not become endan- it clear that its still an unsafe world out there. gered species. and a husband, and his love for his country as Especially, so I might add, for American citi- Sincerely, a veteran and a leader are a display of his ut- zens and our personnel abroad, who are so HONEY SUZANNE HASTINGS, most respect for the traditional American val- often the target of these cowardly terrorists' at- Pipe Creek, Texas. ues and principles. This gentleman that I tacks. f speak so highly of, and regard with the high- The deadly terrorist car bomb, as we saw est respect is the mayor of the city of Lake once again in Saudi Arabia this week, is still CONGRATULATIONS TO MARTIN F. Elsinore, Mr. Gary Washburn. the potent weapon of choice for those individ- STEIN For the past 16 years, Mr. Washburn has uals or groups, who for whatever reason or served the government of the city of Lake cause, disagree with, or oppose American for- HON. THOMAS M. BARRETT Elsinore as a member of the planning commis- eign policy, and goals. OF WISCONSIN sion, a city council member, and mayor. His Innocent American personnel abroad, as IN THE HOUSE OF REPRESENTATIVES influence and involvement has played an inte- events this week again show, unfairly and gral role in the growth and development of his Tuesday, November 14, 1995 most often become the target of these cow- city. I would like to commend him on his ac- ardly terrorists, whenever they want to intimi- Mr. BARRETT of Wisconsin. Mr. Speaker, complishments in representing his constituents date, influence, or protest against our foreign today I congratulate Martin ``Marty'' F. Stein, and providing leadership as the elected mayor policy. winner of the 1995 Human Relations Award of the city of Lake Elsinore. The events in Israel earlier, with the assas- presented by the Milwaukee Chapter of the Prior to his involvement in the city govern- sination of Prime Minister Rabin, also make it American Jewish Committee. The award is ment of Lake Elsinore, Mr.. Washburn served clear that violence is far too often resorted to given annually to recognize individuals who as a professor and is responsible for the edu- as a means of protest, and to address griev- through their skills, influence, and dedication, cation and welfare of many university-level ances. These trends toward violence and ha- have demonstrated their unwavering commit- students. He helped many young Americans tred in the world continue to cause grave con- ment to preserving our democratic heritage. open their minds, reach their goals, and build cern, hardship, and instability around the Marty Stein is recognized for his profound new dreams through education. In addition, globe today. commitment to humanitarian endeavors that Mr. Washburn is a combat veteran of Vietnam have improved the lives of many who was honorably discharged after 2 years These most recent deadly and tragic events, Milwaukeeans. As president of the Boys & of service as a crew chief on July 4, 1968. and the continuing resort to violence and ter- Girls Clubs of Greater Milwaukee from 1993± During his military career, he served our coun- rorism around the globe, make it clear that we 95 and as chairman of the executive's council try in the 1st Aviation Brigade, the 54th Utility must continue to be vigilant. We must main- and fundraising committee for the task force Airplane Company, and the Otter Air Service. tain and support our law enforcement institu- on battered women and children, Marty Stein In addition to his involvement in represent- tions, along with providing the continued re- has passionately mobilized resources for ing city government and serving America, Mr. sources needed to fight the scourge of terror- those less fortunate. Washburn's other community involvements in- ism, wherever and whenever it raises its ugly Marty Stein's civic and philanthropic activi- clude: president of the Elsinore Elementary head. ties have touched the lives of people through- P.T.G., executive board of the Riverside We must also increase worldwide law en- out the world. He founded the Citizen Democ- County Economic Development Committee, forcement cooperation and intelligence sharing racy Corps Business Entrepreneur Program, a president of the Rotary Club, chairman of the in the struggle against international terrorism, Washington DC, group that provides business Riverside County City Selection Committee, and those who would practice this deadly mentoring in Eastern Europe and the former board member of the Riverside Transit Agen- trade and uncivilized means of influencing Soviet Union. In 1984, Marty Stein led the Op- cy, city representative to the Lake Elsinore public policy and goals, no matter how well in- eration Moses campaign which rescued Ethio- Management Agency, city representative to tentioned, or aggrieved these individuals or pian Jews and brought them to Israel. Deeply the Riverside County Habitat Conservation groups may feel they are today. committed to his Jewish faith, Marty weaves Agency. His timeless dedication in serving his Let us not let down our guard; we must re- the Jewish values of community, family, and city and country have earned him the respect main vigilant against the use of violence and respect into his efforts to help others. of his family, friends, colleagues, and constitu- terrorism as a means to any goal or policy. Whether in his local community, State, na- ents as a true champion of public service. Together the whole world must strive coopera- tional, or international endeavors, Marty Unfortunately, on November 7, 1995, Mr. tively to thwart these evils wherever and Stein's benevolence has made a positive dif- Gary Washburn will retire as mayor after a whenever they emerge on the world scene ference. The worthwhile projects he leads are lifelong dedication to the public welfare of the today. noble and the results are widely admired. citizens of the city of Lake Elsinore, CA. After We owe this vigliance, not only to those Marty's wife, Barbara, who has many chari- over 16 years of service in city government, Americans we send abroad to implement our table accomplishments of her own, has sup- Mr. Washburn will end a long tradition of con- foreign policy and goals, but also to our future ported Marty's activities throughout their 37- tributions of dedication and effort by his family generations, in order that they live in a more year marriage. I am proud to join the Amer- dating back to 1889. On the occasion of his stable and violence-free world. November 14, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2175 HONORING THE LIFE AND LEGACY tion arises as to the motives behind the trend. the steady force of its traditions and con- OF YITZHAK RABIN Increased circulationÐor ratings, as the case stituent interests. . . . [It] has the incen- may beÐcertainly tops the list. Sadly, sex, tive—the possibility of acquiring political SPEECH OF power—to give order and voice to society scandal, and negativism sell. Add to this a .. . to articulate interests and to forge them HON. J. DENNIS HASTERT seemingly innate cynicism among reporters into a winning coalition. The press has no OF ILLINOIS and an institutional bias against conservative such incentive and no such purpose. Its ob- IN THE HOUSE OF REPRESENTATIVES tastes and ideas, and you have the makings jective is the discovery and development of Wednesday, November 8, 1995 of the current state of affairs. good stories.’’ This is not to say that reporters should And ‘‘good stories,’’ he writes, increasingly Mr. HASTERT. Mr. Speaker, I am filled with avoid matters of controversy. Rather, it is to are defined as ‘‘negative’’ stories, stories sadness on the passing of Israeli Prime Min- suggest that an attempt be made to run sto- that ‘‘expose’’ some trivial gaffe or mis- ister Yitzhak Rabin. I want to extend my deep- behavior on the superficial assumption that ries of real substance on matters of genuine they tell us something important about the est sympathies to the Rabin family, and the consequence, rather than exploiting every friends and people of Israel. ‘‘character’’ and ‘‘fitness’’ of candidates. topic for its gratuitous shock value. More often, he argues, stories of this kind Like Abraham and Moses before him, Rabin The media elite like to make themselves out tell us more about reporters’ cynicism and was an extraordinary leader of the Jewish as selfless servants of the public good, stand- contempt for politics than about the char- people who had a vision of peace and pros- ing up for the little guy against the establish- acter of the people they write about. perity for the Israeli Nation. His tremendous ment. The truth is that the press is one of the Richard Ben Cramer observed this in the accomplishments are an inspiration to us all most entrenched, unaccountable institutions in baby boomers of the press corps and was ap- and reveal Mr. Rabin's dedication to God and palled and driven to hyperbole as they Washington. The next time a group of news worked over Gary Hart and his ‘‘character his country. editors gets together to wring their hands over Rabin's service to Israel is that of both a flaws’’ in 1988. These were the people of the tawdry state of their industry, they need whom it could be said that in their salad warrior and a peacemaker, continually pursu- look no further than their own daily decisions days ‘‘if sex were money, they all would have ing the dream of normalcy and tranquility for for responsibility. been rich.’’ But now ‘‘the salient fact about Israel. Signing the Oslo accords at the Wash- With that, Mr. Speaker, I commend the fol- this boom generation had nothing to do with ington ceremony, he addressed the Palestin- lowing column to the attention of all interested its love-and-drug-addled idealism when it— ians with the following words: ``We, like you, parties. when they—were the hope and heritors of the are people who want to build a home, to plant world. THE ‘CHARACTER’ CONUNDRUM ‘‘By 1987, they still felt the world was a tree, to love, to live side by side with youÐ (By Richard Harwood) in dignity, in empathy, as human beings, as theirs . . . and ought, by all rights, to dance James David Barber of Duke University is to their tune. . . . But the salient fact at free men.'' His memory is a blessing to each the author of the proposition that our fate as this point in their lives was . . . they were and every one of us because of the standards a society is more dependent than we may re- turning forty. They were worried about their he defined for character, integrity, vision, cour- alize on the quality of our journalism. gums. They were experts on soy formula. age, and leadership. As the political parties have sunk into a They were working seriously on their (late For his diligence and dedication to authoring state of virtual irrelevance, journalists have or second) marriages. They were livid about a lasting peace, he was awarded the Nobel become the new bosses of presidential poli- saturated fats in the airline food. . . . They Prize for Peace. With his efforts, he served tics. They are the power brokers and char- did not drink, they did not smoke, drugs acter cops who dominate the process of not only the people of Israel with great distinc- were a sniggering memory. . . . And they ‘‘identifying, winnowing, advancing and pub- certainly, God knows, did not mess around. tion, but that of the world as well. It is my licizing’’ the people who would lead the na- Sex! It was tacky. It was dangerous. It was hope that the foundation he created for peace tion. (sniff!) . . . not serious. between Israel and the Palestinians will con- The task of the journalist, Barber tells us, ‘‘And . . . no one else was going to get tinue to be built upon. is to illuminate the ‘‘question of character. away with sex either. Or drugs. Or ill health. Its hard to understand why such tragedies . . . The problem is to get behind the mask Or fouling their air.’’ occur. Yet, we must believe that good can to the man, to the permanent basics of the They not only nailed Hart with charges of come out of evil. We must hold to the belief personality that bear on Presidential per- infidelity but nailed Douglas Ginsberg, a Su- formance.’’ The key is ‘‘the life story, the bi- that soldiers believe in their soulsÐwith death, preme Court nominee, for smoking pot years ography. . . . For people sense that all our earlier. They nailed Clarence Thomas for al- there is peace. As we devote ourselves to theoretical constructs and elaborate fan- leged lasciviousness, Bill Clinton for sex and that, may we gain hope from our martyred tasies take their human meaning from their experimentation with a joint, and tried to friend that there will be peace in Israel. incarnation in the flesh and blood of persons. nail George Bush for an alleged affair with a For his unwavering devotion and undying vi- . . . Biography brings theory down to earth, co-worker. John Kennedy didn’t live long sion for peace, I will not forget this man. Once history to focus, fantasy to reality.’’ enough to get the treatment. again, my prayers go out to his wife, Leah, his The late Theodore White made a start on Must presidential candidates—or journal- loving family, and the people of Israel as they this kind of journalism with his book ‘‘The ists or bankers—come to marriage as virgins Making of the President 1960.’’ ‘‘The idea,’’ struggle through this tremendously sorrowful to prove their ‘‘character’’ and ‘‘fitness’’ for he wrote, ‘‘was to follow the campaign from office? Must journalists, on those terms, be and trying time. May our memory of him pre- beginning to end. It would be written as a questioned on their fitness to judge others? vail, so that his vision will not vanish. novel is written, with anticipated surprises Does an adulterous act, the sometime inges- f as, one by one, early contenders vanish in tion of a proscribed substance, too-slow the primaries until only two jousters strug- dancing or the recitation of an ethnic joke THE CHARACTER CONUNDRUM gle for the prize in November. . . . It should now get you a permanent sentence in the po- be written as a story of a man in trouble, of litical wilderness? Does having an abortion HON. MICHAEL G. OXLEY the leader under the pressures of cir- get you a disqualifying Scarlet Letter? The columnist Mary McGrory asked some OF OHIO cumstance. The leader—and the cir- cumstances. That was where the story lay.’’ questions recently about Bill Clinton, who is IN THE HOUSE OF REPRESENTATIVES The book was an enormous success. Other now 21⁄2 years into his first term as president; Tuesday, November 14, 1995 journalists followed his lead, including Rich- ‘‘Is his character not yet jelled—is he a 14- Mr. OXLEY. Mr. Speaker, I would like to ard Ben Cramer, whose thousand-page vol- year-old who might still grow up? Or is this ume on the 1988 campaign—‘‘What It a permanent pattern of oscillation between bring a recent column by Richard Harwood of takes’’—is recognized as a masterpiece. mature grown-up and sniveling teenager?’’ the Washington Post regarding the media to The problem with these great studies of All the journalistic energies spend in 1992 the attention of my colleagues. character and action is that the information on Gennifer Flowers and similar matters did The reality is that journalists have real they contained was not available to voters not get to or have any obvious relevance to power in America. To a degree, this is as it until after the elections had long since been the character and fitness questions that still should be, since a free and independent press decided. Cramer’s book involved six years of puzzle McGrory and countless other journal- is critical to the health of any democracy. With work and was not published until 1992. ists and citizens. this power, however, come certain responsibil- Barber concedes the problem: ‘‘Journalism One thing is certain. When Prof. Barber ex- will continue to be history in a hurry. That horted us to examine and illuminate char- ities. Accuracy is one. Objectivity is another. is the main stumbling block.’’ A fellow polit- acter, he was not talking about the insub- Now, as Mr. Harwood points out, a measure ical scientist, Thomas Patterson of Syracuse stantial trash that we too often pass off as of good judgment would be welcome. University, insists it will always be so be- wisdom and insight into who these people As more and more of the fourth estate de- cause that is the nature of the news business. are who want to lead the country. ‘‘As far as scends into tabloid-quality reporting, the ques- ‘‘A party,’’ Patterson argues, ‘‘is driven by I can see,’’ he wrote, ‘‘all of us are more or E 2176 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 1995 less neurotic, damned, healthy, saved, de- ernments; 1975Ðbecame first chairman of the loophole whereby producers that burn pri- based and great. That does not mean you Colorado Water Resources and Power Devel- marily fossil fuels qualify as independent send the grocer to fix your your plumb- opment Authority; 1975Ðbecame member of wholesale generators. But even worse, Mr. ing. . . . [You] try to reach beyond charac- terization to political impact.’’ the Colorado Water Congress; 1985Ðnamed Speaker, PURPA has become downright A subsidiary industry of the news business the Wayne Aspinall Water Leader of the Year harmful to American taxpayers, consumers, la- is the post-election conference or seminar on by the Colorado Water Congress; 1994Ðrep- borers and business. how we went wrong in our work. Why did we resented the Farr Family at the dedication of Allow me to submit for the RECORD an arti- commit so much ‘‘tabloid journalsim’’? Why the Farr pumping plant at Granby reservoir. cle which recently appeared in one of New was coverage of the ‘‘real issues’’ so lously? The plant is part of the Colorado-Big Thomp- York's capital region papers, the Schenectady Why didn’t we better understand the can- son project. Gazette. While focusing primarily on a case in didates, their characters, their personalities? Clearly, Mr. Speaker, W.D. Farr's service to my home State of New York, the message of When all this psycho-babble is over and the next campaign comes around, we tend to re- the State of Colorado cannot be overstated, the author, Charles Conine, holds true peat the same scenario because we can’t help and I thank you for joining me in recognizing throughout many regions of the country. ourselves, because the habits of journalism his 40 years of service with the NCWCD. As [From the Schenectady Gazette] are too hard to kick, because our history is the Representative for the mostly rural and ag- FEDERAL RULE KEEPS N.Y.’S ELECTRIC RATES too hurried, because truth and news are not ricultural Fourth Congressional District of Colo- HIGH the same. rado, I have a deep appreciation for the life- (By Charles T. Conine) f time commitment W.D. Farr has made to en- Niagara Mohawk last week proposed open- suring that the front range has an adequate ing its service territory to full competition. TRIBUTE TO W.D. ‘‘BILL’’ FARR water supply year after year. This may be the first of many such actions Thank you, W.D. Farr. by utilities to stop the financial bleeding HON. WAYNE ALLARD caused by the Public Utilities Regulatory f Policies Act (PURPA), a little-known boon- OF COLORADO PESONAL EXPLANATION doggle from the 1970s that costs consumers IN THE HOUSE OF REPRESENTATIVES tens of billions, deprives the government of Tuesday, November 14, 1995 billions in taxes, wastes resources and elimi- HON. DOUGLAS ‘‘PETE’’ PETERSON nates skilled industrial jobs. Mr. ALLARD. Mr. Speaker, I ask my col- OF FLORIDA If the House of Representatives is looking leagues to join me today in honoring Mr. W.D. for a regulation to reform, it should consider IN THE HOUSE OF REPRESENTATIVES ``Bill'' Farr for his 40 years of service on the this one. Ending PURPA would find support board of the Northern Colorado Water Conser- Tuesday, November 14, 1995 from Republicans, Democrats, organized vancy District [NCWCD]. Mr. Farr was a true Mr. PETERSON of Florida. Mr. Speaker, as labor and consumers. pioneer in the development of water for Colo- PURPA was adopted during the oil short- a member of the United States-Russian Joint age of 1978 to promote renewable, domestic rado's front range. Commission on POW/MIA's, I was asked to energy sources and increase energy effi- During the drought years of the 1930's, the attend critical meetings with the government ciency. But instead of small, independent importance of water to farmers, fishermen, leaders of two former Soviet Republics during projects fueled with renewable energy, and other users on the front range became all the week of November 6. This work precluded PURPA has spawned hundreds of unneces- too clear. In response, a friend of Mr. Farr's my attendance in the House and as a result sary electric-generating plants, most of established the Northern Colorado Water I missed a number of rollcall votes. Had I which burn fossil fuels. Users Association, which would later become PURPA developers can force public utili- been present, I would have voted as follows: ties to buy their electricity at a premium, the NCWCD. One of the association's first Rollcall No. 765ÐYea, rollcall No. 766ÐYea, regardless of whether the power is needed. projects, with which Mr. Farr was intimately in- rollcall No. 767ÐYea, rollcall No. 768ÐYea, PURPA developers also pay less in taxes volved, was to push for the construction of the rollcall No. 769ÐYea, rollcall No. 770ÐYea, than utilities do. The combination can be Colorado-Big Thompson project [C±BT]. In rollcall No. 771ÐYea, rollcall No. 772ÐNay, economically devastating for a state. New 1954, the C±BT became fully operational and rollcall No. 773ÐNay, rollcall No. 774ÐYea, York, California, Pennsylvania and Maine brought a supplemental supply of water from rollcall No. 775ÐNay, rollcall No. 776ÐYea, have been hardest hit, but Colorado, North the western slope to seven northeast Colorado rollcall No. 777ÐYea, rollcall No. 778ÐNay, Carolina, Oklahoma and New Jersey also counties. Mr. Farr was certainly correct when rollcall No. 779ÐNay, rollcall No. 780ÐYea, have their share of ‘‘PURPA machines,’’ as these projects are called. he said that the ``C±BT is like a second rollcall No. 781ÐNay, rollcall No. 782ÐYea, UNNEEDED POWER Poudre River. Without it, we would not have rollcall No. 783ÐNay, rollcall No. 784ÐNay, Let me tell you what PURPA has done to the front range we see today.'' rollcall No. 785ÐNay rollcall No. 786ÐNay, In 1955, Mr. Farr became a board member consumers and workers in upstate New York. rollcall No. 787ÐNay. This year, Niagara Mohawk has been forced of the NCWCD. In the 1970's, Mr. Farr was in- f to buy $1 billion of unneeded electricity from strumental in planning the C±BT's windy gap independent power producers, $400 million project and headed the municipal subdistrict of PURPA: COSTING CONSUMERS more than it would have cost the utility to the NCWCD that built facilities below Granby BILLIONS OF DOLLARS generate the same electricity. In other Lake. As such, he is known as the father of words, business and residential customers the windy gap project. HON. GERALD B.H. SOLOMON will pay $400 million more this year for Mr. Speaker, so that the House may fully PURPA electricity, a figure that will con- OF NEW YORK tinue to rise. appreciate W.D. Farr's unrivaled contribution IN THE HOUSE OF REPRESENTATIVES And because NiMo does not need the addi- to water development in Colorado, let me run Tuesday, November 14, 1995 tional electricity, it has been forced to shut through a brief chronology of his involvement down power plants and eliminate the jobs of with this issue: 1931Ðbecame board director Mr. SOLOMON. Mr. Speaker, I would like to 2,000 electrical workers. Our union has with the Town-Boyd Lateral Co. of Eaton; draw your attention to another Federal regula- worked closely with management to make 1942Ðnamed president of the board of the tion which has outworn its welcome, the Public changes in work practices and work flexibil- Sweet Jessup Canal of Carbondale; 1947Ð Utility Regulatory Policies Act [PURPA]. Born ity, but the situation keeps getting worse. became board director of the Greeley- in the energy crisis of the 1970's, PURPA was These are prime industrial jobs that sup- port many service jobs in the community— Loveland Irrigation Co.; 1955Ðbecame board designed to encourage renewable energy teachers, insurance agents, merchants, res- director with the Northern Colorado Water sources which would provide power more effi- taurant workers. The higher cost of electric Conservancy District; 1970Ðnamed first chair- ciently. We clearly have made great strides in power also puts other industrial jobs at risk man of the Municipal Subdistrict of the North- producing energy in our country and a great and stifles growth. The only business that’s ern Colorado Water Conservancy District; many small, independent power producers growing in upstate New York is the moving 1971Ðbecame president of the National have introduced us to alternative forms of business. Cattlemen's Association; 1973Ðappointed to power generation. These producers play a The loss of tax revenue also hurts. For ex- ample, the Nine Mile Point nuclear plant the Water Pollution Control Advisory Board of central role in fueling the wholesale power pays $52 million a year in local property the U.S. Department of the Interior by Presi- market. However, like many Government man- taxes. Nearby is a independent power plant dent Richard Nixon; 1974Ðnamed chairman dates, PURPA has created a backlash which of equivalent size that burns natural gas, of the Region 208 Areawide Planning Com- runs counter to its original goals of less costly, owned by Sithe Energies USA, a subsidiary mission of the Larimer-Weld Council of Gov- more efficient power generation, and allows a controlled by Campagnie Generale des Euax November 14, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2177 of France. The huge Sithe plant pays less golden years at home with their families. Since Washington's practice of leaving our children than $1 million in local property taxes. In- its introduction, home care has received broad debt, instead of a brighter future, was unac- credible as it sounds, we are giving tax support across party lines. ceptable. breaks to foreign investors so they can over- Home care has rapidly grown since its start The new majority in Congress heard this re- charge American consumers and hurt our in- dustrial competitiveness. in the early 1960's. Council members sustain sounding mandate from the public, and we A utility’s long-term marginal cost to its growth through frequent meetings with gov- acted. We submitted the first balanced budget build and operate a gas-fired power plant is ernmental agencies and other health care as- since 1969. President Clinton did not submit a currently 2.5 cents per kilowatt hour, yet the sociations. By keeping abreast of current is- balanced budget. PURPA contract price for most New York sues home care has helped shape different Now we are faced with a stalemate between state projects is 6 cents per kilowatt hour, aspects of health care legislation. Congress and the President. I know that there with contract lifetimes as long as 25 years. Thousands of nurses, therapists, physicians, is considerable public anger over what some The flat 6-cent rate was canceled in 1992, but may see as gridlock. However, I believe that all existing and planned projects were and home care aides have devoted their lives ‘‘grandfathered’’ at this absurdly high price. to providing in-home health care to the sick this debate is about principles versus agen- After 17 years of abuse, Congress has taken and disabled. Please join me as I acknowl- das. a few timid steps to close the door on new edge all of them for their continued support of In our 7 year Balanced Budget Reconcili- PURPA projects, but lawmakers and regu- home care patients. ation Act, our tax cuts for working families lators have been extremely reluctant to re- f were offset by reducing the growth of non-enti- visit existing PURPA rates, on the dubious tlement spending, while continuing on the legal theory that a forced sale constitutes a HONORING THE LIFE AND LEGACY glidepath to a balanced budget. We also elimi- ‘‘contract’’ between a utility and a PURPA OF YITZHAK RABIN developer. By this logic, so does a mugging. nated the subsidy to the wealthiest senior citi- zens participating in Medicare part BÐsingle The only difference is scale. American con- SPEECH OF sumers will pay $37 billion more than the seniors with incomes over $75,000 and cou- current market price for PURPA electricity HON. THOMAS M. FOGLIETTA ples with incomes over $125,000 will begin to over the next five years. OF PENNSYLVANIA pay higher premiums. What can Congress do at this point? A so- IN THE HOUSE OF REPRESENTATIVES President Clinton refuses to embrace our lution needs to focus on the most abusive commitment to the principle that we will no provisions of PURPA, those that permit Wednesday, November 8, 1995 longer tolerate mortgaging our children's fu- large-scale, fossil-fueled PURPA projects, as Mr. FOGLIETTA. Mr. Speaker, Yitzhak long as a little bit of industrial steam is pro- ture; we promised to balance the budget and duced on the side. Small, renewable energy Rabin was a noble warrior in his nation's we kept that promise. President Clinton's projects represent only 20 percent of PURPA struggle for independence, a cold realist to the agenda is diverting attention from the indis- capacity. dangers posed by her Arab neighbors during putable fact that he does not support a bal- A solution also needs to focus on consum- times of war, and ultimately a bold statesman anced budget. ers—commercial, residential and industrial— in his country's crusade for peace. Today, we The Republican proposal for Medicare part not on the investors and financiers who mourn the tragic passing of this truly remark- B is included our measure to keep the Gov- backed PURPA projects, or on the ‘‘sanctity able soldier, statesman, and now peacemaker. ernment running through December 1. Presi- of contracts.’’ Investors were well aware of the risks inherent in an artificial market Yitzhak Rabin did not reach the pathway to dent Clinton's states that his specific objection, created by government regulation. peace easily. As a young man, he knew all and the reason for his veto of this measure, One solution would be to make these too well the blood, tears and sweat in the fight was over Medicare part B. projects compete in the wholesale electricity for an independent Jewish homeland. As a Medicare part B is the voluntary program market, as new independent power plants al- soldier, he was the architect of many of Isra- which covers doctor's visits and outpatient ready do. Since the National Energy Policy el's greatest victories against her Arab neigh- care. Because the program is voluntary bene- Act of 1992, the wholesale electricity market bors bent on her demise. ficiaries have not paid into a trust fund, as has been open to all comers. One-quarter to Matching his courage on the field of battle, they have for Medicare part A, the hospital one-third of the electricity generated in the United States today moves on the competi- Yitzhak Rabin once again led the Jewish peo- portion. Under current law, beneficiaries pay tive wholesale market. Electricity has a ple in the quest for a new tomorrow. Putting 31.5 percent of the premium for part B. Tax- market price. This free-market solution down the sword and greeting his former en- payers subsidize the rest of the premium. would protect non-abusive PURPA projects emies with a handshake, he demonstrated to What we are proposing is to maintain the while offering a fair price to the financially the world that peace is possible. percentage at its current levelÐ31.5 percent. abusive. His is a noble legacy. Because the costs of the program will rise Republican Sen. Don Nickles of Oklahoma But, to truly pay homage to this legacy, we next year, as they have every year, the dollar has opened the debate with a bill in the En- must continue on the road to peace to which amount will rise from $46.10 to approximately ergy and Natural Resources Committee that would end new projects but preserve existing Yitzhak Rabin gave his life. The forces of $53 in 1996Ðan approximately $8 per month rates. This is too timid. Unless these finan- darkness can only be vanquished and peace increase. cial boondoggles are ended, several utilities brought to this troubled land if we continue the However, President Clinton is actually advo- will be in Chapter 11 before this Congress dialogue which has brought former enemies cating dropping the percentage that premiums ends. together. However, this road will be difficult are calculated at to 25 percent and then rais- If the House leadership is serious about and filled with uncertainty, and it is for this ing them substantially again after the 1996 getting costly and ineffective regulations off reason that now more than ever the United elections. The President is playing election the books, PURPA offers an opportunity to States must stand shoulder to shoulder with year politics with the Medicare part B issue. bring together business, labor, and consum- ers in a $37 billion reform. the people of Israel as we continue this jour- He would cut revenuesÐby dropping the per- ney. centage to 25 percentÐand then would have f f to raise the percentage again in order to make NATIONAL HOME HEALTH CARE up for this shortfall. This is highly irrespon- MONTH MOTION TO DISPOSE OF SENATE sible. AMENDMENTS TO H.R. 2586, TEM- Not only does President Clinton oppose a PORARY INCREASE IN THE balanced budget, but this position on Medicare HON. JERRY F. COSTELLO STATUTORY DEBT LIMIT OF ILLINOIS part B means that he believes taxpayers should subsidize a higher shareÐ75 per- IN THE HOUSE OF REPRESENTATIVES SPEECH OF centÐof the costs of this voluntary program. It Tuesday, November 14, 1995 HON. BRIAN P. BILBRAY is exactly this logic which has resulted in the Mr. COSTELLO. Mr. Speaker, I rise today to OF CALIFORNIA inevitable insolvency of the Medicare program recognize National Home Health Care Month. IN THE HOUSE OF REPRESENTATIVES is nothing is done to save it. Illinois has the distinct honor of being recog- We have remained steadfast to the principle nized as establishing the Nation's first Home Friday, November 10, 1995 of our balanced budget; President Clinton has Care Association. The Illinois Home Care Mr. BILBRAY. Mr. Speaker, when I was resorted to a diversionary political agenda Council was founded in 1960. sent to Congress, my top priority was bal- rather than negotiating in good faith with Re- Home care saves money and allows many ancing the Federal budget. The people of the publicans. Nothing less than the future we elderly Americans the chance to spend their 49th district told me over and over again that leave to our children is at stake. E 2178 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 1995 The American people, who sent us here in reform efforts. By establishing a 12 member stone. I want to share with my colleagues the first place, know this and, I believe, sup- commission in which no more than 4 members some information regarding this gifted individ- port our efforts on our children's behalf. may be of the same political party, we will cre- ual and his service of ministry. f ate an environment which is nonpartisan. That Father Cooper is the son of the late Ben- is, we will establish an arena where the par- INTRODUCTION OF THE FAIR jamin and Louise Cooper, who came to the tisan gloves that have doomed past reform ef- United States from the West Indies. As a ELECTIONS ACT forts are removed and legislation is produced young man, Father Cooper graduated from St. which incorporates new ideas and solutions Augustine's College where he received a de- HON. RICK WHITE rather than recycling the stale rhetoric of re- gree in sociology. He received a master of di- OF WASHINGTON cent years. IN THE HOUSE OF REPRESENTATIVES Real reform is about making sure our Fed- vinity degree from the Seabury-Western Theo- logical Seminary in Evanston, IL. On May 13, Tuesday, November 14, 1995 eral campaign finance laws do not protect the 1961, Father Cooper celebrated his ordination Mr. WHITE. Mr. Speaker, today, I am intro- incumbent. As a freshman, one of the lessons that I've learned is that Congress is the last as a priest. During his ministry, this gifted ducing the Fair Elections Act. leader has served in churches located in Flor- This bill creates a nonpartisan commission body we should count on to do a fair, and ida, New York, and Texas. which will have 90 days to recommend re- quick, job of reforming our campaign finance forms to the laws that govern congressional laws. It has become clear to me that, unless Father Cooper was chosen as rector at St. elections. The commission's recommendations Congress is forced to take an up or down vote Andrew's Episcopal Church on September 15, will be unamendable and placed on a legisla- on this issue, we are never going to get poli- 1970. For 25 years, he has been a strong tive fast track. The time has come for Con- tics out of the process. No reform passed in leader of that congregation and a guiding gress to take itself out of the debate and turn this Congress will take effect until the 1998 force in the Cleveland community. The church the decisions over to an independent group election cycle. Therefore, rather than simply has been a beacon of light, providing pro- devoid of politics. tinker around the edges, significant reform will grams and services to assist families, the el- Our current Federal election laws are flawed only take place by forming a commission to derly, and youth throughout the community. In and have been since they were enacted fol- revamp the entire system. addition, under Father Cooper's leadership, St. lowing Watergate. Several aspects of that ini- f Andrew's Church was not only able to burn its tial campaign finance reform effort were found mortgage 9 years ahead of schedule, but the PERSONAL EXPLANATION to be unconstitutional by the Supreme Court. St. Andrew's Church Foundation which was However, Congress never substantively revis- established in 1983 with $35,000, now boasts ited the pieces that were left standing. There- HON. JAMES L. OBERSTAR assets in excess of one quarter million dollars. fore, the current election laws consist of an in- OF MINNESOTA Mr. Speaker, the awards and honors be- complete and complex web of regulationsÐa IN THE HOUSE OF REPRESENTATIVES stowed upon Father Cooper over the years web which has not worked and is in need of Tuesday, November 14, 1995 a complete overhaul. represent the highest tribute to an individual An overhaul is necessary because the cur- Mr. OBERSTAR. Mr. Speaker, yesterday, who has dedicated his life to serving others. rent election laws have produced a system the House of Representatives considered a Father Cooper is the past recipient of the Dis- that is biased toward incumbent Members of number of bills under suspension of the rules, tinguished Serve Award and the Black Church Congress and where special interest financing and I missed two recorded votes. Religious Award from the Cleveland Branch of has a disproportionate influence over the proc- During the consideration of legislation in the the NAACP. He was also recognized by the ess. These items must be corrected but it House, I was in California to attend the formal executive council of the Episcopal Church for must be done in a responsible manner that re- introduction of the International Institute for his leadership in the struggle for civil rights. stores trust and confidence in Congress and Surface Transportation Studies, an initiative Father Cooper's name is included in pub- that was created by Congress as part of the those who serve here. We must not, in our lished editions of ``Notable Americans'' and Intermodel Surface Transportation Infrastruc- haste for reform, further muddle the process ``Who's Who Among Black Americans.'' He is ture Act of 1991 (Public Law 102±240). by adding regulations which only perpetuate the cofounder, first secretary, and past presi- Had I had been present, I would have voted the advantage of incumbency. dent of the Union of Black Episcopalians. Fa- ``nay'' on the Archer motion to postpone the Therefore, as we move forward with cam- ther Cooper is also the former president of the vote to override the President's veto on the paign finance reform, it is important that Con- Cleveland Branch of the NAACP. Other mem- debt limit legislation, rollcall vote No. 788, and gress engage in a substantive debate and ap- berships include Alpha Phi Alpha Fraternity I would have voted ``aye'' on H.R. 657, legisla- proach the process with three objectives firmly and the Prince Hall Masons. in mind: First, we must encourage fair and tion to extend the Federal Power Act deadline open elections that provide voters with mean- for construction of three hydroelectric projects Mr. Speaker, Father Austin Cooper is a ingful information about candidates and is- in Arkansas, rollcall vote No. 789. leader of both national and international promi- sues. Second, we must eliminate the dis- f nence. He has visited the White House to par- proportionate influence of special interest fi- ticipate in briefings and advise leaders on the nancing of congressional elections. And third, A SPECIAL SALUTE TO FATHER issues confronting the Nation. In addition, Fa- we must work to create a system where in- AUSTIN COOPER: MARKING 25 ther Cooper has led delegations to inter- cumbent Members of Congress do not pos- YEARS OF SERVICE national conferences in East Africa, the West sess an inherent advantage over challengers. Indies, and other points around the globe. It is my belief that the Fair Elections Act will HON. LOUIS STOKES Throughout his service in the ministry, Fa- result in real campaign finance reform that ac- OF OHIO ther Austin Cooper has benefited from the complishes those objectives. IN THE HOUSE OF REPRESENTATIVES support of a caring and understanding family. For too long, Congress has allowed partisan Tuesday, November 14, 1995 His devotion to his lovely wife of 30 years, Pa- politics to influence campaign finance reform tricia, is unsurpassed. The Coopers are the Mr. STOKES. Mr. Speaker, as a Member of efforts. Any campaign finance proposal that proud parents of three children: Austin Rellins has seen the light of day in recent years has Congress, I take pride in acknowledging indi- II, Angela Patricia, and Kimberly Louise. They essentially been an incumbent protection plan, viduals from my congressional district who are also the proud grandparents of Ashley the bills receiving attention this year not ex- have demonstrated outstanding leadership in Arianne. cluded. Congress has not been willing to level the community. Today, I rise to salute an indi- the proverbial playing field where incumbent vidual who has dedicated his life to serving Mr. Speaker, over the years, I have been Members of Congress and challengers com- others. For the past 25 years, Father Austin R. the beneficiary of the friendship and counsel pete. Nor has Congress been able to move Cooper, Sr., has served as rector at St. An- of Father Cooper. He is a gifted man of God the campaign finance debate above partisan drew's Episcopal Church in Cleveland, OH. and a devoted leader. On the occasion of his rhetoric and inject legitimate academic dis- Earlier this month, starting on November 5, 25th anniversary in service to St. Andrew's, I course and empirical findings into campaign fi- 1995, St. Andrew's began a special month- take special pride in saluting Father Cooper. I nance reform proposals. long celebration to mark his tenure as a leader ask that my colleagues join me in wishing him The Fair Elections Act will finally allow Con- of this historic church. I take special pride in Godspeed as he continues on this important gress to correct the deficiencies of previous saluting Father Cooper on this important mile- mission of service. November 14, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2179 TRIBUTE TO WILLARD B. RANSOM ket Street between Capitol Avenue and Illi- coached football, but taught history and nois Street. worked as an assistant principal. Many stu- ‘‘There was a big restaurant there dents, including his own children, have bene- HON. ANDREW JACOBS, JR. (Fendrich’s). And there were so many blacks OF INDIANA traveling on buses. We were insulted in that fited from his guidance on the playing fields IN THE HOUSE OF REPRESENTATIVES place because no one would serve us,’’ Mr. and in the classroom. Mr. Speaker, on November 17 of this year, Tuesday, November 14, 1995 Ransom said. Mr. Ransom began working as an attorney a celebration will be held in Coach Tudryn's Mr. JACOBS. Mr. Speaker, those who never in 1939 and was inducted into the service in honor at the Elks Club in Northamption, MA. knew Willard Ransom are unfortunate. Those 1941 two months into a four-year term as as- I ask my colleagues to join me today in paying who did have had their lives enhanced. sistant to the attorney general. He was as- tribute to Coach Frank Tudryn and his impres- As indicated in the following from the Indian- sistant manager of Madame C. J. Walker sive record as a coach, a teacher, and a apolis Star and the Indianapolis News, he was Manufacturing Co. 1947–1954 and was general friend to the city of Northampton. manager of the company and trustee of the an uncommon man, one of God's nobleman. f We are all the poorer for his passing. Sarah Walker Estate 1954–1971. He maintained a private law practice dur- A SALUTE TO BERNIE FOGEL, M.D. [From the IPCs News, Nov. 11, 1995] ing that time and played a major role in pas- WILLARD B. RANSOM sage of all significant civil rights legislation A pioneer in the civil rights movement in in Indiana since 1946. HON. CARRIE P. MEEK Indianapolis has passed away. Mr. Ransom had been legal counsel to OF FLORIDA Willard B. ‘‘Mike’’ Ransom was active in blacks in the Indianapolis fire and police de- IN THE HOUSE OF REPRESENTATIVES community affairs as well as civil rights partments and at the time of his death was work. of counsel to the law firm Bamberger and Tuesday, November 14, 1995 With a law degree from Harvard Univer- Feibleman. Mrs. MEEK of Florida. Mr. Speaker, I rise sity, he came back to Indianapolis after serv- He was a director of National City Bank of today to pay tribute to one of the true pioneers ing in the Army in Europe during World War Indiana, served five terms as chairman of the of health care education in the country II. state NAACP and was a life member of the todayÐDean Bernard J. Fogel, M.D.Ðwho for He fought for freedom overseas, only to organization, and was a board member of the 13 years has nurtured and developed the Uni- run into barriers to freedom back home. Madame C. J. Walker Urban Life Center. ‘‘The contrast between having served in He was one of the founders of Concerned versity of Miami School of Medicine into one the Army and running into this discrimina- Ministers of Indianapolis and in 1993 received of the Nation's largest and most respected tion and barriers at home was a discouraging the organization’s Thurgood Marshall Award medical schools. thing,’’ he once explained. for his work in the civil rights movement. Under Dr. Fogel's leadership, the University He helped organize the state chapter of the He graduated summa cum laude from of Miami School of Medicine has experienced National Association for the Advancement of Talladega College in Alabama in 1936, major- phenomenal growth, unparalleled achieve- Colored People and was involved in local pro- ing in history. He played on the varsity foot- ment, and unswerving commitment to excel- tests against discrimination in the 1950s, sev- ball and basketball teams for four years and lence in medical education, research, patient eral years before the civil rights movement was on the debate team for three years. He gained national attention. He also success- received his law degree from Harvard Univer- care, and community service. Student enroll- fully promoted the passage of civil rights sity in 1939. ment increased by 36 percent; research fund- legislation in the Indiana General Assembly. Williard Ransom was born into a family of ing quadrupled; the school's budget tripled; His community service was part of a fam- community leaders. His father, Freeman B. fund raising more than doubled; the faculty ily tradition, as his father, Freeman Ran- Ransom, was an attorney, civic leader, Indi- grew by 78 percent; and several major re- som, had been active in civic affairs and was anapolis councilman and general manager of search and patient care buildings were con- general manager of the Madame C.J. Walker Madame C. J. Walker Co. The historic Ran- structed, renovated, or purchased. Co. som Place neighborhood is named for Free- Though one of the country's youngest medi- The civil rights movement may be just a man Ransom, who died in 1947. cal schools, during the Fogel years the Univer- period of history for younger people, but in- Survivors: wife Gladys L. Miller Ransom: dividuals such as Willard Ransom opened son Philip Freeman Ransom; daughter Ju- sity of Miami School of Medicine has achieved doors of opportunity and made sacrifices dith Ellen Ransom; brothers Frederick A., a level of excellence shared by some of the that ought to be remembered with gratitude. Robert E. Ransom; sister A’Lelia E. Nelson; Nation's oldest and finest schools of medicine. two grandchildren; a great-grandchild. Mr. Speaker, I am particularly proud to note [From the Star, Nov. 9, 1995] f that the University of Miami School of Medi- CITY LOSES HONORED CIVIL RIGHTS ACTIVIST cine has one of the most diverse student pop- Willard Ransom was an attorney, fought TRIBUTE TO COACH FRANK ulations in the Nation. Fifty percent of its stu- for desegregation and co-founded Black TUDRYN, JR., OF NORTHAMPTON, dent body is female, and the school enrolls Expo. MA half of all African-American medical students Willard B. ‘‘Mike’’ Ransom, a Harvard-edu- cated attorney who led sit-ins and other civil in the State of Florida. rights actions to fight for desegregation in HON. RICHARD E. NEAL In the 13 years Dr. Fogel served as dean, Indianapolis and who was a co-founder of In- OF MASSACHUSETTS the school established many new research dianapolis Black Expo, died Tuesday. IN THE HOUSE OF REPRESENTATIVES and clinical programs including: the Miami Mr. Ransom, of Indianapolis, was 79. Project to Cure Paralysis; the Center for Adult Services will be at 11 a.m. Nov. 11 at Stu- Tuesday, November 14, 1995 Development and Aging; the Comprehensive art Mortuary, with calling from 5 p.m. to 9 Mr. NEAL of Massachusetts. Mr. Speaker, I AIDS Programs; the Comprehensive Drug Re- p.m. Nov. 10. Interment will be at Crown Hill rise today to call attention to the distinguished search Center; the Ear Institute; and the Cemetery. Mr. Ransom became active in local civil career of one of my constituents, Mr. Frank Abrams Center for Health Services, Research, rights efforts when he returned to his home- Tudryn, Jr., of Northampton, MA. and Policy. The school further strengthened its town after serving in the Army Air Forces in Mr. Tudryn, a longtime teacher and football cancer-related programs by expanding the France and Belgium during World War II, at- coach at Northampton High School, is cur- Sylvester Comprehensive Cancer Center and taining the rank of captain. rently engaged in his 25th consecutive season building the Fox Cancer Research Center, the ‘‘The contrast between having served in as the head football coach at that school. Dur- Papanicolaou annex, and the Gauiter Building. the Army and running into this discrimina- ing Coach Tudryn's tenure, the ``Blue Devils'' The Deed Club Bone Marrow Transplant Pro- tion and barriers at home was a discouraging have consistently fielded strong teams. In fact, thing,’’ Mr. Ransom, a 1932 graduate of gram was successfully launched and has per- Crispus Attucks High School, said in a 1991 under his leadership, they have won four formed more than 100 transplants. The Winn- interview. league championships and a western Massa- Dixie Hope Lodge was also built to accommo- He began reorganizing the state chapter of chusetts crown. As a testament to his team's date cancer patients and their families. the National Association for the Advance- continued success, Coach Tudryn was named Under Dr. Fogel's leadership the University ment of Colored People, traveling the state ``Coach of the Year'' in 1995 by the Valley Ad- of Miami School of Medicine received the As- to encourage people to take direct action for vocate. sociation of American Medical Colleges first- civil rights. A graduate of both Northamption High ever Award for Outstanding Community Serv- He organized some local protests in the late 1950s, years before the much-publicized School and the University of Massachusetts, ice, recognizing the unique blend of compas- sit-ins and marches in the South. Coach Tudryn has dedicated his life to making sion and commitment that characterizes the One protest targeted the bus station at the Northampton High School a better place to go school and its nationally acclaimed teaching former Traction Terminal Building on Mar- to school. Since 1971 he has not only hospital Jackson Memorial Medical Center. E 2180 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 1995 A scholarly man, Dr. Fogel has authored ored to have had him as a colleague and to eliminate the Department of Commerce more than 60 articles in professional maga- friend. We all join the 400,000 customers of were struck from the Short-Term Debt Ceiling zines and publications, and he is a member of the Contra Costa Water District, and all advo- Extension bill, H.R. 2586. many national organizations and societies. cates of water policy reform, in wishing Don First of all, increasing the debt ceiling is an Finally, one of Dr. Fogel's projects that has Freitas the very best in the future, and in issue of public confidenceÐin our financial been particularly close to my heart has been thanking him for his years of dedicated serv- markets both at home and abroad. Even if we the University's Minority Student Health Ca- ice. pass landmark legislation this year calling for reers Motivation Program, which has exposed f a balanced budget by the year 2002Ðand I hundreds of young Floridians to the rigors re- hope we doÐthe debt ceiling will still have to wards of medical school. Dr. Fogel challenged TRIBUTE TO CICERO BUSINESSES be raised periodically, at least in the near each of these students to pursue careers in term, to meet our financial responsibilities on science and medicine, and over the past 19 HON. WILLIAM O. LIPINSKI our $5 trillion debt. I am not willing to play po- years nearly 80 percent of them accepted the OF ILLINOIS litical gamesmanship with the stability of our challenge and are now physicians, scientists, IN THE HOUSE OF REPRESENTATIVES economy or strength of our credit. and health case workers. We should be able to count on the Federal Tuesday, November 14, 1995 On November 1, Dr. Bernie Fogel stepped Government to pay its bills on time. It is for down as dean of School of Medicine and sen- Mr. LIPINSKI. Mr. Speaker, I rise today to this very reason that, regardless of my objec- ior vic president of medical affairs but, thank- pay tribute to 21 businesses located in Cicero, tions to the extraneous amendments added fully, he will continue his devoted service to IL, which were honored for longevity at the onto this legislation, I strongly supported the his alma mater as dean emeritus and special Cicero Chamber of Commerce and Industry's passage of H.R. 2586. advisor to the president. ninth annual dinner on November 8, 1995. Illi- Accordingly, I was glad to see that disman- Mr. Speaker, I ask all of my colleagues in nois Lt. Gov. Bob Kustra was the guest speak- tling the Department of Commerce was not in- the Congress to join with me in saluting this er, and Betty Loren-Maltese, town president, cluded. While I advocate reforming the non- great man of education; a great man of medi- was honored for her contributions to the com- essential and wasteful functions of the Depart- cine, and a great AmericanÐBernie Fogel, munity. ment, I remain skeptical that budgetary sav- M.D., dean emeritus, University of Miami Establishments passing the 100 year mark ings result from simply reshuffling agencies School of Medicine. were Chas. Fingerhut Bakeries, 5537 Cermak into other bureaucratic boxes. f Road; Cermak Home for Funerals, 5844 My home State of Louisiana depends heav- Cermak Road; Central Federal Savings and ily on many of the programs under the jurisdic- TRIBUTE TO DONALD P. FREITAS Loan Association, formerly Vypomocny Spolek tion of the Department of Commerce. Of par- Jungman, 5959 Cermak Road; and Cicero ticular significance is research and funding HON. GEORGE MILLER Bible Church, formerly the Morton Park Con- provided by the National Oceanic and Atmos- OF CALIFORNIA gregational Church, 1230 Laramie Avenue. pheric Administration [NOAA]. Although a IN THE HOUSE OF REPRESENTATIVES Marking 75 years in business were Ida Flo- source of frustration and consternation to area rists, formerly John Ida Florist, 4928 W. 31st shrimpers, the research efforts of the National Tuesday, November 14, 1995 St.; Family Federal Savings of Illinois, formerly Marine Fisheries Service are critical to the res- Mr. MILLER of California. Mr. Speaker, I Morton Park Savings, 5225 W. 25th St.; Pin- toration of our coastal wetlands. NMFS is con- know that all Members of the U.S. House of nacle Bank of Cicero, formerly First National tinuously engaged in activities that enhance Representatives will join me in honoring an Bank of Cicero, 6000 Cermak Road; Rosicky's our ability to preserve wildlife and prevent outstanding public servant, Donald Freitas, National Cleaners, 5818 Cermak Road; Ed- flooding. The National Weather Service early who is going to be leaving his position as a di- ward's Market, 2933 S. 49th Ave.; ComEd, warning system is also vital for a low lying rector of the Contra Costa Water District next formerly the Edison Co. for Isolated Lighting; coastal State like Louisiana to ensure ade- month. and Family Service and Mental Health Center quate preparation for families and businesses Don Freitas has been one of the great lead- of Cicero, formerly the Cicero Welfare Center, in the event of a natural disaster. ers in the effort to preserve and restore the 5341 Cermak Road. I also wanted to give special mention to the water quality of San Francisco Bay and the Honored for 50 years were Walter M. importance of the Economic Development Ad- Sacramento-San Joaquin Delta throughout his Vlodek, attorney at law, formerly Miles Vlodek, ministration [EDA] to rural Louisiana. In the 16 year tenure on the board, including his 5814 Cermak Road; Prater Industries, formerly western part of my district alone, EDA tech- service as its president in 1987±89. He has al- Prater Pulverizer, 1515 S. 55th Court; Chicago nical assistance grants have enabled commu- ways been a trusted and valued ally to me as Extruded Metals Co., 1601 S. 16th St.; nities to leverage small Federal dollars into I have waged battle after battle here in the Walgreen Drug Store, 5958 Cermak Road; other Federal grants totalling some $156 mil- Congress to reform California's water policy Manor Bakery, formerly Chester and Emily lion over the past 20 years. Infrastructure im- and to make it more responsive both to the Matiask Bakery, 5906 W. 35th St.; St. Anthony provements through EDA grants also entice taxpayers and to the environment. Federal Savings Bank, formerly St. Anthony entrepreneurs to invest in our communities, I want to mention some highlights of Don Savings and Loan Association; 1447 S. 49th thus augmenting our competitive position and Freitas' service on the board, because he has Court; West Town Savings Bank, formerly our ability to create jobs. Finally, with the made many contributions that will endure long West Town Saving and Loan Association, downsizing of Fort Polk, EDA moneys are after he has moved on to other challenges: 4852 W. 30th St.; Frank F. Kucera Co., 1800 available to assist the base and the surround- Don has served as the manager of the Contra Laramie Ave.; and MidAmerica Federal Sav- ing Leesville area in coping with potential job Costa County Clean Water program which is ings Bank, 5900 Cermak Road. displacements. charged with implementing the Federal Clean Mr. Speaker, I congratulate these busi- The House overwhelmingly rejected an Water Act storm water pollution program with- nesses for the many years they have provided amendment by Congressman HEFLEY to the in our county; Don Freitas helped lead the services to their community and wish them the Commerce, Justice, State, and the Judiciary successful fight in 1982 that stopped construc- very best in the years yet to come. Appropriations bill, H.R. 2076, that would have tion of the Peripheral Canal that was intended f eliminated EDA. The House Committee on to divert much of the delta's water south to Transportation and Infrastructure also ap- farms and cities in other regions of the State, ATTACHMENT OF THE DEPART- proved, on three separate occasions, legisla- with devastating consequences to the ecology MENT OF COMMERCE DISMAN- tion to reform and preserve EDA. If these of the delta and San Francisco Bay; Don was TLING ACT TO THE DEBT EX- votes are indicative of our policy pref- a leader in the long effort to build the Los TENSION BILL, H.R. 2586 erencesÐand I believe that they areÐthen the Vaqueros Reservoir which is now under con- successful initiatives put forth by EDA to help struction to serve the thousands of Contra HON. JAMES A. HAYES my rural Louisiana district and the Nation Costans whose water quality has long been at OF LOUISIANA should be allowed to continue. risk because of the mismanagement of our IN THE HOUSE OF REPRESENTATIVES Clearly, there should be some agent of the State's water supply. business community at the Cabinet level to On these and many other challenges over Tuesday, November 14, 1995 appropriately defend and promote the powers the years, Don Freitas has demonstrated ex- Mr. HAYES. Mr. Speaker, I was pleased to of the marketplace and the necessity of job ceptional vision and leadership, and I am hon- see that reason prevailed and the provisions creation. Whether that representative has to November 14, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 2181 be the Department of Commerce, I am uncer- cency, not only in the yes of his friends and PERSONAL EXPLANATION tain. But, I am certain that, until savings can neighbors, but also to all who have known be verified and functions and programs are him. HON. JACK REED properly studied, we should not haphazardly I ask that the Press Telegram editorial be OF RHODE ISLAND act or unsuitably connect the issue to the debt placed at this point in the RECORD. The edi- IN THE HOUSE OF REPRESENTATIVES ceiling. torial follows: Tuesday, November 14, 1995 f [From the Long Beach Press-Telegram, Nov. Mr. REED. Mr. Speaker, I was unavoidably DR. TOM CLARK AND HIS HONOR- 8, 1995] absent for rollcall votes 788 and 789 due to ABLE CAREER OF PUBLIC SERV- AN ARCHETYPICAL COUNCILMAN mechanical problems with my flight to Wash- ICE ington. It’s a bit early to say goodbye to Tom Mr. Speaker, had I not been detained, I Clark, because he plans to finish out his would have voted ``No'' on rollcall vote 788 HON. STEPHEN HORN term before he retires as a Long Beach city OF CALIFORNIA councilman. But a few kind words are time- and ``Yes'' on rollcall vote 789. IN THE HOUSE OF REPRESENTATIVES ly, and he deserves them. f Tuesday, November 14, 1995 Clark is the very model of a city council- ‘‘DOLE’S MOMENT’’ Mr. HORN. Mr. Speaker, for the past three man. He is earnest to the point of gravity; almost never raises his voice; thrives on decades the city of Long Beach has benefited meetings and compromise; relishes the role HON. MICHAEL G. OXLEY from the efforts of an extraordinary public of public official; has only a moderately OF OHIO servant, Dr. Thomas Clark, whose commit- think skin; is only modestly partisan; never IN THE HOUSE OF REPRESENTATIVES ment and dedication have been integral to the seems to tire of solving neighborhood prob- city's development and growth over those lems; and has served long and loyally for lit- Tuesday, November 14, 1995 years. tle pay. Mr. OXLEY. Mr. Speaker, I commend the Tom Clark, whom I am privileged to call a What more could we ask? (Actually, if we following column by James Glassman from the friend, has been described as ``a living piece could, we’d change his position on one or two Washington Post to the attention of my col- of Long Beach history'' in a recent article in things, but that’s a different subject.) Agree leagues. with him or not, he stood for what he be- the Long Beach Press Telegram. He was first [From the Washington Post, Nov. 14, 1995] elected to the Long Beach City Council in lieved was best for his district and his com- DOLE’S MOMENT 1966, and his list of achievements is consider- munity. (By James K. Glassman) able. As the Press Telegram reported, ``Clark As the longest-serving of his city’s public pushed for a measure to put fluoride in the officials, Clark has been associated, for bet- For two good reasons, Bob Dole’s campaign people liked having Colin Powell around. city's water supply, sponsored legislation that ter or worse, directly or indirectly, with a long list of public works and community First, Powell took the spotlight off Dole, let- led to the construction of the Main Library and ting him avoid the scrutiny that often de- El Dorado Park and even rode aboard the change; a performing arts center, downtown redevelopment, creation of El Dorado Park stroys early front-runners. Second, Powell Queen Mary when the historic ocean liner first and the purchase of the Queen Mary (he rode took the spotlight off the other candidates, sailed into Long Beach.'' it into town on its last voyage, and never depriving them of the publicity they needed When Tom Clark announced that he would abandoned ship, so to speak). to raise money and get traction. Now Powell is gone, and the predictable not seek reelection, it indeed signaled an end He has taken some flack now and then, of an era. In addition to his three decades on stories have begun. The front page of The most recently for his support of reviewing Post yesterday carried the headline: ‘‘Out in the Council, Tom served two terms as the the Los Altos Shopping Center (a difficult Front, but Losing Ground. Polls Expose city's mayor, spending a total of 7 years in and important task, and one that could not Dole’s Potential Vulnerabilities as Presi- that position. He and his helpful wife, Lois, possibly please everyone). But he seems to dential Challenger.’’ The New York Times who is a professional medical librarian, have have created no real enemies. opted for a piece on how ‘‘Moderates could spent thousands of hours representing Long Clark’s most intense political opponent pass up Dole and hold out for an independ- Beach throughout the city and State, as well was former Mayor Ernie Kell. Neither Clark ent.’’ Etc. etc. as nationally and abroad. And his leadership nor Kell missed many opportunities to take The hyperactive press demands novelty. It extended well beyond the city, ranging from a shot at each other, mostly on the some- will never heed Pascal’s famous warning what foggy issue of leadership, and each re- ‘‘that all human evil comes from . . . man’s the California League of Cities to the Califor- being unable to sit still in a room.’’ And, cer- nia Public Employees Retirement System. garded the other as an easy target; yet both managed to keep their differences on a most- tainly, cynicism about politicians is nothing Tom exemplifies the best of what we seek ly civil level. Clark lost a close election to new. Thumbing through some issues of the in public service. The same days that he was Kell for mayor at large, but in the end he New Yorker in its heyday, I found an article spending countless hours in service to his fel- outlasted him and at least in that sense will by Richard Rovere from June 1968 that de- low citizens as a member of the council, he have the last word. scribed the intense dissatisfaction of voters with the presidential field at the time. What was also working full-time as an optometrist, a For years Clark was the best known of a field! Robert Kennedy, Hubert Humphrey, practice from which he retired in 1993. Long Beach officials. He served twice as Eugene McCarthy, Richard Nixon, George In a November 8 editorial, the Press Tele- mayor at a time when that position was Wallace and Nelson Rockefeller. gram said this of Tom Clark: ``Clark is the very filled by council members, and he so enjoyed But what about Bob? I suspect that 14 model of a city councilman. He is earnest to city governance that in his spare time he months from now, at age 73, he’ll be sworn in the point of gravity; almost never raises his served as a leader of the association of local as president. He has a giant lead in New voice; thrives on meetings and compromise; elected officials, the California League of Hampshire. Sen. Phil Gramm (R-Tex.), who Cities. Even now he probably wouldn’t be relishes the role of public official; has only a was supposed to give him a tough race, is in stepping aside if he felt there was no one single digits. And his other top foes have moderately thin skin; is only modestly partisan; properly qualified to take his place. never seems to tire of solving neighborhood never won an election—a reactionary pundit problems; and has served long and loyally for But, after all these years, he is retiring. and a rich supply-sider who inherited a mag- Because he served for such a long time— azine from his famous dad. little pay. What more could we ask?'' nearly a third of the history of his city, it is In the general election, polls show Dole Tom Clark has regularly walked his council hard to say what might be his most signifi- and President Clinton about even. But an- district. With a listed telephone, he was avail- cant accomplishment. Maybe it is pretty swers to two questions are ominous for the able to his constituents all times of night and much what the League of Cities might ex- president. A Time/CNN survey found 41 per- day. pect, or the charter of a council-manager cent would ‘‘definitely’’ vote against him. A Tom can take pride in his accomplishments municipal government might suggest: a citi- Post survey asked, ‘‘Which party better rep- and the legacy he has left. He will be missed zen, gainfully employed, who dedicates him- resents your views on national issues.’’ Re- on the council, but I am confident that he will self to elective office, part-time, represent- publicans got 55 percent, Democrats 25 per- ing no special interest other than his con- cent. always be available to serve the city he loves stituents, whom he serves honorably. As for The White House, meanwhile, has adopted and has done so much to improve. what was most important to him, it’s prob- a weird reelection strategy. Harold Ickes, Mr. Speaker, Tom Clark has conducted him- ably best, as it nearly always was, to take the lead official on the campaign, says that self with honor. As citizen and office holder, him at his word: that he wants to be remem- ‘‘the overall issue is going to be leadership. he has symbolized good government and de- bered as someone who cared. . . . People will make their judgments based E 2182 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 1995 on what they know about the person, what See down to the core.’’ Dole was sent back Dole never, lets anybody see that—his ‘prob- they think about his character.’’ home, nearly died a few times, but hung on, lem.’ He keep a plastic pen in his crooked Bill Clinton running on character? Cer- fighting against what Cramer calls ‘‘his pri- right fist to round its shape. tainly, the lesson of the Powell infatuation vate vision of hell. .. . Sometimes, he could ‘‘If he ever let that pen go, the hand would is that the nation desperately wants a lead- actually see himself on Main Street, Russell, splay, with the forefinger pointing and the er, but it’s hard to see the current president in a wheelchair, with a cup.’’ others cramped in toward the palm. . . . No as that man—or Dole, right now. Still, if you In 1947, a Chicago surgeon named Hampar matter how that fist aches or spasms, Dole look beyond the next few messy weeks (in Kelikian, an Armenian immigrant who had holds on—against his problem.’’ which Speaker Newt Gingrich, far more than come to America with $20 in his pocket, put So what about Bob? He has few core be- Dole, is taking the heat on the budget), you Dole back together. Dr. K. refused to be paid, liefs, other than balancing the budget (as can catch a glimpse of Dole’s own story but Dole had to get to Chicago, and the folks Cramer writes: ‘‘Bobby Joe Dole grew up in emerging. It is a powerful one, and most in Russell chipped in, putting their dollar Russell, Kansas. He saw people die from Americans don’t know it yet. bills in a cigar box. debt.’’). He may be uncomfortable with Ging- I didn’t know it myself until I read ‘‘What Three years later, Dole was elected to the rich and his passionate conservative cohorts, It Takes,’’ Richard Ben Cramer’s brilliant Kansas state house, then county attorney, but that doesn’t mean he’ll betray them. As but unwieldy book on the 1988 presidential then U.S. representative, then, in 1968, U.S. president, he’ll be a moderating force, but in campaign. Now Cramer has collated all the senator; in 1976, vice presidential nominee; in the end, he’ll sign, not veto. bits about Dole and put them into a single 1984, majority leader; in 1994, leader again. Up to now, he’s been ignored and under- volume, ‘‘Bob Dole,’’ recently out in paper- The trouble with this great American suc- estimated. That’s starting to change. Dole back from Vintage. cess story is that Dole himself is reluctant has to get through the Florida straw poll The story is the wound, suffered 50 years to tell it. As Cramer shows, he feels embar- later this week with a good showing and get ago when, as a 21-year-old Army lieutenant, rassed about not being ‘‘whole’’—as if his through the fight over the budget without Dole’s upper body was torn apart by German handicap should be hidden: serious damage. Then, it will be time to tell gunfire on a hill in Italy. ‘‘Whatever hit Dole ‘‘If [Dole] ever let himself rest, that [right] his story and show his stuff. Will Americans had ripped into everything,’’ writes Cramer, arm would hang straight down, visibly short- take to him as leader, as the last member of ‘‘You could see into Dole through the jacket, er than his left arm, with the palm of his the heroic World War II generation to lead through the shoulder, like a gouged fruit. right hand twisted toward the back. But this country? Don’t bet against it. Tuesday, November 14, 1995 Daily Digest

HIGHLIGHT House passed ICC termination bill. Senate Chamber Action Committee Meetings Routine Proceedings, pagesS17009–S17044 (Committees not listed did not meet) Measures Introduced: Two bills were introduced, as follows: S. 1410 and 1411. Page S17038 NOMINATION Alaskan Power Act—Conference Report: By 69 Committee on Armed Services: Committee concluded yeas to 29 nays (Vote No. 574), Senate agreed to the hearings on the nomination of Arthur L. Money, of conference report on S. 395, to authorize and direct California, to be an Assistant Secretary of the Air the Secretary of Energy to sell the Alaska Power Ad- Force, after the nominee testified and answered ques- ministration, and to authorize the export of Alaska tions in his own behalf. North Slope crude oil, clearing the measure for the DOJ SOLICITOR GENERAL President. Pages S17019±26, S17032±35 Committee on the Judiciary: Committee concluded over- Messages From the House: Page S17038 sight hearings to examine the operation and activi- ties of the Office of the Solicitor General of the De- Measures Referred: Page S17038 partment of Justice, after receiving testimony from Measures Placed on Calendar: Page S17038 Drew Days, Solicitor General, Department of Justice; Additional Cosponsors: Pages S17038±39 Paul Cassell, University of Utah, Salt Lake City; and Thomas Hungar, Gibson, Dunn & Crutcher, and Additional Statements: Pages S17039±43 William Coleman, O’Melveny & Myers, both of Notice of Proposed Rulemaking: Page S17012±19 Washington, D.C. Record Votes: One record vote was taken today. MEDICAL RECORDS CONFIDENTIALITY (Total—574) Page S17035 ACT Adjournment: Senate convened at 12:03 p.m., and Committee on Labor and Human Resources: Committee adjourned at 7:37 a.m., until 12 noon, on Wednes- concluded hearings on S. 1360, to ensure personal day, November 15, 1995. (For Senate’s program, see privacy with respect to medical records and health the remarks of the Majority Leader in today’s care-related information, after receiving testimony RECORD on pages S17043–44.) from Senators Bennett and Leahy; Don Detmer, Uni- versity of Virginia, Charlottesville; James Schulte Scott, CSI Technologies, McLean, Virginia; Carolyn Roberts, American Hospital Association, Morrisville, Vermont; Denise Nagel, Coalition for Patients’ Rights, Lexington, Massachusetts; and Kathleen Frawley, American Health Information Management Association, Aimee Berenson, AIDS Action Council, and Janlori Goldman, Center for Democracy and Technology, all of Washington, D.C.

D 1349 D 1350 CONGRESSIONAL RECORD — DAILY DIGEST November 14, 1995 House of Representatives House failed to suspend the rules and pass H.R. Chamber Action 2621, to enforce the public debt limit and to protect Bills Introduced: 9 public bills, H.R. 2627–2635; the social security trust funds and other Federal trust and 2 resolutions, H.J. Res. 119, and H. Res. 266 funds and accounts invested in public debt obliga- were introduced. Pages H12349±50 tions. Pages H12232±38, H12247±48 Reports Filed: Reports were filed as follows: Veto Message—Further Continuing Appropria- H.R. 2525, to modify the operation of the anti- tions: Read a message from the President wherein he trust laws, and of State laws similar to the antitrust announces his veto of H.J. Res. 115, making further laws, with respect to charitable gift annuities (H. continuing appropriations for the fiscal year 1996; Rept. 104–336); and explains his reasons therefor—ordered printed H. Res. 250, to amend the Rules of the House of (H. Doc. 104–134). Pages H12238±47 Representatives to provide for gift reform (H. Rept. Subsequently, by a yea-and-nay vote of 229 yeas 104–337); to 199 nays, Roll No. 790, the House agreed to the H. Res. 267, waiving points of order against the Livingston motion to postpone further consideration conference report to accompany H.R. 2020, making of the veto message and joint resolution until Friday, appropriations for the Treasury Department the December 1. Pages H12239±47 United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for ICC Termination: By a recorded vote of 417 ayes the fiscal year ending September 30, 1996 (H. Rept. to 8 noes, Roll No. 792, the House passed H.R. 104–338); 2539, to abolish the Interstate Commerce Commis- H.R. 2564, to provide for the disclosure of lobby- sion, and to amend subtitle IV of title 49, United ing activities to influence the Federal Government States Code, to reform economic regulation of trans- (H. Rept. 104–339, Part 1); and portation. Pages H12253±H12312 H. Res. 254, making technical corrections in the Agreed to the committee amendment in the na- Rules of the House of Representatives, amended (H. ture of a substitute. Page H12311 Rept. 104–340). Page H12349 Agreed to the Shuster amendment that retains ex- Speaker Pro Tempore: Read a letter from the isting ‘‘Long Cannon factors’’ that must be consid- Speaker wherein he designates Representative Pryce ered to evaluate the reasonableness of rail rates; to act as Speaker pro tempore for today. Page H12195 strikes language allowing the panel to enlarge the Recess: House recessed at 9:50 a.m. and reconvened scope of a rail abandonment in order to improve the viability of a line; permits purchase of a line pro- at 10 a.m. Page H12201 posed for abandonment up to four months after the Committees To Sit: The following committees and filing date; retains the ‘‘Feeder Line Development their subcommittees received permission to sit today Program’’; retains the current law 20-day advance during proceedings of the House under the 5-minute notice requirement for rail rate changes; names the rule: Committees on Banking and Financial Services, Attorney General as the commentator whose views Commerce, Government Reform and Oversight, should be given ‘‘substantial weight’’ in certain types International Relations, National Security, and Re- of rail merger proceedings; retains current law re- sources. Page H12206 quiring users of motor carrier industry standard Corrections Calendar: On the call of the Correc- guides to participate in determining such guides; es- tions Calendar, the House passed the following bills: tablishes the right of a motor carrier that is part of Sent to the Senate without amendment: a joint-motor carrier agreement to independently es- Pacemaker reporting requirement: H.R. 2366, to re- tablish its own rates, classifications and mileage peal an unnecessary medical device reporting require- guides; extends certain provisions of the Negotiated ment. Pages H12206±12 Rates Act of 1994 to any new motor carrier under- Sent to the Senate, amended: charges; stipulates that, after deregulation, motor Federal reports elimination: S. 790, to provide for carriers will be able to establish released value liabil- the modification or elimination of Federal reporting ity rates, and makes numerous technical, conform- requirements. Pages H12212±32 ing, and clarifying changes; Pages H12262±66 Use of Federal Trust Funds: By a yea-and-nay The Latham amendment that requires the Trans- vote of 247 yeas to 179 nays, Roll No. 791 (two- portation Adjudication Panel to implement adminis- thirds of those present not voting in favor), the trative complaint remedies similar to current law November 14, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1351 with regard to contracts for the transportation of ag- tion, and Technology held a hearing on the Depart- ricultural commodities; Pages H12296±97 ment of Defense’s Financial Management Problems. The Whitfield amendment that increases the labor Testimony was heard from the following officials of protections afforded to employees of small and mid- the Department of Defense: John J. Hamre, Comp- size railroads during acquisitions or mergers (agreed troller; Alvin Tucker, Deputy Chief Financial Offi- to by a recorded vote of 241 ayes to 184 noes, Roll cer; Richard F. Keevey, Director, Finance and Ac- No. 792); and Pages H12297±H12306 counting Service; Helen T. McCoy, Assistant Sec- The Davis amendment that provides credibility of retary of the Army, Financial Management and annual leave for purposes of meeting minimum eligi- Comptroller; Deborah P. Christie, Assistant Secretary bility requirements for an immediate annuity. of the Navy, Financial Management and Comptrol- Pages H12306±07 ler; Robert F. Hale, Assistant Secretary of the Air The Sam Johnson of Texas amendment was offered Force, Financial Management and Comptroller; and but subsequently withdrawn that sought to exempt Eleanor J. Hill, Inspector General, Gene L. Dodaro, small movers of household goods which exclusively Assistant Comptroller General, GAO; and G. Ed- operate vehicles weighing less than 13 tons from ward DeSeve, Controller, Office of Federal Financial intrastate economic regulation. Page H12296 Management, OMB. H. Res. 259, the rule under which the bill was considered, was agreed to earlier by a voice vote. STATES OF FORMER SOVIET UNION— Pages H12248±53 UNITED STATES POLICY AND ASSISTANCE Senate Messages: Message received from the Senate Committee on International Relations: Held a hearing on today appears on page H12201. Newly Independent States of the Former Soviet Amendments Ordered Printed: Amendment or- Union: United States Policy and Assistance. Testi- dered printed pursuant to the rule appears on page mony was heard from the following officials of the H12350. Department of State: James F. Collins, Senior Coor- dinator, Office of Ambassador-at-Large for the Quorum Calls—Votes: Two yea-and-nay votes and Newly Independent States; and Richard Morningstar, two recorded votes developed during the proceedings Coordinator, U.S. Assistance to the Newly Independ- of the House today and appear on pages ent States; Thomas Dine, Assistant Administrator, H12246–47, H12247–48, H12306, and Europe and the Newly Independent States, AID, H12311–12. There were no quorum calls. U.S. International Development Cooperation Agency; Adjournment: Met at 9 a.m. and adjourned at Anne Sigmund, Director, Office of East European 11:45 p.m. and Newly Independent States Affairs, U.S. Informa- tion Agency; Harold Smith, Assistant to the Sec- Committee Meetings retary, Atomic Energy, Department of Defense; and public witnesses. COMMEMORATIVE COIN MEASURES Committee on Banking and Financial Services: Sub- SRI LANKA committee on Domestic and International Monetary Committee on International Relations: Subcommittee on Policy approved for full Committee action the fol- Asia and the Pacific held a hearing on Sri Lanka in lowing bills; H.R. 2336, to amend the Doug Bar- Turmoil: Implications of Intensified Conflict. Testi- nard, Jr., 1996 Atlanta Centennial Olympic Games mony was heard from E. Gibson Lanpher, Deputy Commemorative Coin Act; and H.R. 2614, Com- Assistant Secretary, South Asia, Department of State; memorative Coin Authorization and Reform Act of and public witnesses. 1995. CAPITAL MARKETS DEREGULATION AND INDOCHINA—POW/MIAs LIBERALIZATION ACT Committee on National Security: Subcommittee on Mili- Committee on Commerce: Subcommittee on Tele- tary Personnel held a hearing on Vietnamese Gov- communications and Finance held a hearing on H.R. ernment knowledge and accountability of United 2131, Capital Markets Deregulation and Liberaliza- States POW/MIAs in Indochina. Testimony was tion Act of 1995. Testimony was heard from public heard from the following officials of the Department witnesses. of Defense: James W. Wold, Deputy Assistant Sec- retary, POW/MIA Affairs; Lt. Col. Johnie E. Webb, DEPARTMENT OF DEFENSE—FINANCIAL USA (Ret.), Deputy to the Commander, Central MANAGEMENT Identification Laboratory; and Capt. James C. Gro- Committee on Government Reform and Oversight: Sub- ver, USN; Col. Michael J. Kelly, USAF; and Col. committee on Government Management, Informa- John M. Kennery, USA, all members of the Armed D 1352 CONGRESSIONAL RECORD — DAILY DIGEST November 14, 1995 Forces Identification Review Board; and public wit- COMMITTEE BUSINESS nesses. Committee on Standards of Official Conduct: Met in ex- NATIONAL PARK SERVICE—HANDLING OF ecutive session to consider pending business. INHOLDINGS Committee on Resources: Subcommittee on National Joint Meetings Parks, Forests and Lands held a hearing on the fol- lowing bills: H.R. 2528, to require the Secretary of BUDGET RECONCILIATION the Interior to renew to the heirs of permittees per- Conferees met to resolve the differences between the mits for historic cabins located in the Mineral King Senate- and House-passed versions of H.R. 2491, to Addition of the Sequoia National Park; and H.R. provide for reconciliation pursuant to section 105 of 1666, to amend the Act of October 21, 1970, estab- the concurrent resolution on the budget for fiscal lishing the Sleeping Bear Dunes National Lakeshore year 1996, but did not complete action thereon, and to permit certain persons to continue to use and oc- recessed subject to call. cupy certain areas within the lakeshore. Testimony was heard from Representatives Stupak, Bartlett of f Maryland, and Knollenberg; former Representative BILLS VETOED John Krebs of California; and public witnesses. H.J. Res. 115, making further continuing appro- MISCELLANEOUS MEASURES priations for the fiscal year 1996. (Vetoed November Committee on Resources: Subcommittee on Native 13, 1995) American and Insular Affairs approved for full Com- f mittee action H.R. 377, Burt Lake Band of Ottawa and Chipewa Indians Act. NEW PUBLIC LAWS Prior to this action, the Subcommittee held a H.R. 1905, making appropriations for energy and hearing on H.R. 377 and also on the following bills: water development for the fiscal year ending Septem- H.R. 2490, Saddleback Mountain Arizona Settle- ber 30, 1996. Signed November 13, 1995. (P.L. ment Act of 1995; and H.R. 2591, Indian Federal 104–46) Recognition Administrative Procedures Act of 1995. H.R. 2589, to extend authorities under the Mid- Testimony was heard from Representatives Hayworth dle East Peace Facilitation Act of 1994 until Decem- and Stupak; William C. Sturtevant, Curator, North ber 31, 1995. Signed November 13, 1995. (P.L. American Ethnology, Smithsonian Institution; and 104–47) public witnesses. f TREASURY—POSTAL SERVICE COMMITTEE MEETINGS FOR APPROPRIATIONS CONFERENCE REPORT WEDNESDAY, NOVEMBER 15, 1995 Committee on Rules: Granted, by voice vote, a rule (Committee meetings are open unless otherwise indicated) waiving all points of order against the conference re- port on H.R. 2020, making appropriations for the Senate Treasury Department, the United States Postal Serv- Committee on Energy and Natural Resources, to hold over- ice, the Executive Office of the President, and cer- sight hearings to review the decision-making process of tain Independent Agencies, for the fiscal year ending the Department of the Interior in preparing and releasing September 30, 1995; and against its consideration. the United States Geological Survey’s 1995 estimate for The rule further provides that if the conference re- the 1002 areas of the Arctic National Wildlife Refuge, port is adopted, then a motion that the House insist 9:30 a.m., SD–366. on its disagreement to Senate amendment 132 shall Committee on the Judiciary, to hold joint hearings with be considered as adopted. Testimony was heard from the House Committee on the Judiciary’s Subcommittee on the Courts and Intellectual Property on S. 1284, to Representatives Lightfoot, Istook, Obey, and Hoyer. amend title 17 to adapt the copyright law to the digital, GIFT REFORM; RULES OF THE HOUSE networked environment of the National Information In- TECHNICAL CORRECTIONS frastructure, and H.R. 2441, to amend title 17, United States Code, to adapt the copyright law to the digital, Committee on Rules: Ordered reported amended, by networked environment of the national information infra- voice vote, the following resolutions: H. Res. 250, to structure, 10 a.m., 2237 Rayburn Building. amend the Rules of the House of Representatives to provide for gift reform; and H. Res. 254, making House technical corrections in the Rules of the House of Committee on Commerce, Subcommittee on Energy and Representatives. Power, oversight hearing on Tritium Production and the November 14, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 1353

Report of the Speaker’s Task Force entitled ‘‘Getting on Act of 1995; H.R. 2243, Trinity River Basin and Wild- with Tritium Production’’, 10 a.m., 2322 Rayburn. life Management Reauthorization Act of 1995; H.R. Subcommittee on Oversight and Investigations, to con- 1784, to validate certain conveyances made by the South- tinue hearings on Allegations of FDA Abuses of Author- ern Pacific Transportation Company within the cities of ity, 9 a.m., 2123 Rayburn. Reno, Nevada, and Tulare, California; and H.R. 2402, Committee on Government Reform and Oversight, Sub- Snowbasin Land Exchange Act of 1995, 11 a.m., 1324 committee on Government Management, Information, Longworth. and Technology, hearing on H.R. 1907, Federal-aid Facil- Committee on Rules, to consider the following: H. Res. ity Privatization Act of 1995, 2 p.m., 2247 Rayburn. 250, to amend the Rules of the House of Representatives Subcommittee on the Postal Service, hearing on ‘‘The to provide for gift reform; and H.R. 2564, Lobbying Dis- Postal Reorganization Act Twenty-Five Years Later: Time closure Act of 1995, 10 a.m., and to consider the Con- For A Change?’’, 10 a.m., 311 Cannon. ference Report to accompany H.R. 2491, Seven-Year Bal- Committee on House Oversight, to consider pending busi- anced Budget Reconciliation Act, 4 p.m., H–313 Capitol. ness, 11 a.m., 1310 Longworth. Committee on Standards of Official Conduct, executive, to Committee on International Relations, hearing on Human consider pending business, 2:20 p.m., HT–2M Capitol. Rights, Refugees, and War Crimes: The Prospects for Peace in Bosnia, 10 a.m., 2172 Rayburn. Joint Meetings Subcommittee on Asia and the Pacific, hearing on Nu- Joint Hearing: Senate Committee on the Judiciary, to clear Issues in the South Pacific, 2 p.m., 2200 Rayburn. hold joint hearings with the House Committee on the Ju- Committee on the Judiciary, Subcommittee on Crime, diciary’s Subcommittee on the Courts and Intellectual hearing regarding the nature, extent and proliferation of Property on S. 1284, to amend title 17 to adapt the federal law enforcement, 9:30 a.m., 2141 Rayburn. copyright law to the digital, networked environment of Committee on National Security, to continue hearings on the National Information Infrastructure, and H.R. 2441, the proposed deployment of United States ground forces to amend title 17, United States Code, to adapt the copy- to Bosnia, 9:30 a.m., 2118 Rayburn. right law to the digital, networked environment of the Committee on Resources, to mark up the following bills: national information infrastructure, 10 a.m., 2237 Ray- H.R. 33, Stuttgart National Aquaculture Research Center burn Building. D 1354 CONGRESSIONAL RECORD — DAILY DIGEST November 14, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Wednesday, November 15 10 a.m., Wednesday, November 15

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Consideration of the con- morning business (not to extend beyond 12:30 p.m.), ference reports on the following three bills: Senate may resume consideration of S. 908, State Depart- 1. H.R. 1868, Foreign Operations Appropriations for ment Authorizations/Reorganization. Senate may also con- fiscal year 1996 (rule waiving points of order); sider legislation providing further continuing appropria- 2. H.R. 2020, Treasury-Postal Service Appropriations tions and available conference reports. for fiscal year 1996 (rule waiving points of order); and 3. H.R. 1977, Interior Appropriations for fiscal year 1996 (rule waiving points of order); and Possible consideration of a further continuing resolu- tion.

Extensions of Remarks, as inserted in this issue

HOUSE Hastert, J. Dennis, Ill., E2175 Oxley, Michael G., Ohio, E2175, E2181 Hayes, James A., La., E2180 Packard, Ron, Calif., E2173 Allard, Wayne, Colo., E2176 Horn, Stephen, Calif., E2181 Peterson, Douglas ‘‘Pete’’, Fla., E2176 Barrett, Thomas M., Wis., E2174 Jacobs, Andrew, Jr., Ind., E2179 Reed, Jack, R.I., E2173, E2181 Bilbray, Brian P., Calif., E2177 Lipinski, William O., Ill., E2180 Smith, Lamar S., Tex., E2173 Calvert, Ken, Calif., E2174 Meek, Carrie P., Fla., E2179 Solomon, Gerald B.H., N.Y., E2176 Costello, Jerry F., Ill., E2177 Miller, George, Calif., E2180 Stark, Fortney Pete, Calif., E2173 Foglietta, Thomas M., Pa., E2177 Neal, Richard E., Mass., E2179 Stokes, Louis, Ohio, E2178 Gilman, Benjamin A., N.Y., E2174 Oberstar, James L., Minn., E2178 White, Rick, Wash., E2178

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