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, WEDNESDAY, JANUARY 18, 1995 No. 10 House of Representatives

The House met at 11 a.m. and was PLEDGE OF ALLEGIANCE CONGRATULATING UNIVERSITY OF called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the CONNECTICUT’S WOMEN’S BAS- pore [Mr. STEARNS]. gentleman from Virginia [Mr. MORAN] KETBALL TEAM f come forward and lead the House in the (Ms. DELAURO asked and was given Pledge of Allegiance. permission to address the House for 1 DESIGNATION OF SPEAKER PRO Mr. MORAN led the Pledge of Alle- minute and to revise and extend her re- TEMPORE giance as follows: marks.) Ms. DELAURO. Mr. Speaker, on Mon- The SPEAKER pro tempore laid be- I pledge allegiance to the Flag of the United States of America, and to the Repub- day, the University of Connecticut’s fore the House the following commu- lic for which it stands, one nation under God, women’s basketball team beat top- nication from the Speaker: indivisible, with liberty and justice for all. ranked Tennessee to become the No. 1 WASHINGTON, DC, team in the Nation. I join fans from all f January 18, 1995. across our State in congratulating the I hereby designate the Honorable CLIFF players, coaches, and the university for STEARNS to act as Speaker pro tempore on CONTRACT WITH AMERICA this day. this impressive achievement. We are so NEWT GINGRICH, (Mr. BOEHNER asked and was given proud of you. Speaker of the House of Representatives. permission to address the House for 1 On Monday, the UConn fans proved minute.) themselves to be tops in the Nation, f Mr. BOEHNER. Mr. Speaker, our too. They call it Husky Mania, but it is Contract With America states on the much more. Before anyone imagined a PRAYER first day of a Republican Congress, our 13 and 0 start, 6,500 season tickets were The Chaplain, Rev. James David House will force Congress to live under sold; Monday’s game sold out in De- Ford, D.D., offered the following pray- the same laws as everyone else, cut cember; students camped out overnight er: one-third of committee staff, and the to get their hands on tickets; and, on Teach us, O God, to know how to live congressional budget, and, ladies and Monday, 8,241 fans packed the Gampel with the ironies of daily life. May we gentlemen, we have done that. Pavilion to cheer the Women Huskies know the time to speak and the time In the next 86 days, we will vote on to victory. to listen, the time to learn and the the following 10 items: A balanced It seems that the age-old sports rit- time to instruct, the time to reflect on budget amendment and line-item veto; uals once reserved for men’s teams the past and the time to plan for the a new crime bill to stop violent crimi- have begun to take hold in the wom- future, the time to heed the inner spir- nals; welfare reform to encourage en’s game. I am proud that the Univer- it and the time to enter the fray, the work, not dependence; family rein- sity of Connecticut and their fans both time of anguish and the time of joy. forcement to crack down on deadbeat men and women, are helping to lead Give us, O gracious God, a heart of wis- dads and protect our children; tax cuts that trend. I expect we will see equal dom that we will discern the transient for families, to lift Government’s bur- enthusiasm when UConn’s men’s bas- from the eternal and so do justice and den from the middle-income Ameri- ketball team moves from No. 2 to No. 1. serve people everywhere. In Your cans; national security restoration to Go Huskies. name, we pray. Amen. protect our freedoms; the Senior Citi- zens Equity Act to allow our seniors to f f work without Government penalty; Government regulation and unfunded IT’S THE SPENDING THE JOURNAL mandate reforms; commonsense legal (Mr. GOSS asked and was given per- The SPEAKER pro tempore. The reforms to end frivolous lawsuits; and mission to address the House for 1 Chair has examined the Journal of the congressional term limits to make minute and to revise and extend his re- last day’s proceedings and announces Congress a citizen legislature once marks.) to the House his approval thereof. again. Mr. GOSS. Mr. Speaker, the budget Pursuant to clause 1, rule I, the Jour- This, ladies and gentlemen, is our problem in Washington is not caused nal stands approved. Contract With America. by too little revenue. The problem in

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 299 H 300 CONGRESSIONAL RECORD — HOUSE January 18, 1995 Washington continues to be that tax- product. This is far beyond what the The American people are not con- payers’ dollars are wasted on low-prior- founders could ever have imagined. cerned about book deals. They are con- ity, redundant or unnecessary pro- Fueling this unconstitutional expan- cerned about the Federal Government’s grams. The dollars in fraud, waste, and sion of the size and power of the Fed- unbalanced books. They don’t care abuse total billions annually. eral Government has been deficit about GOPAC. They want big spenders The basic message from November 8 spending, which unfairly asks future to pack up and go home. was that people understand their Gov- generations to pay for the Government Mr. Speaker, the Contract With ernment is too big and spends too spending binges of today. America makes the Democrats squirm. much. This historic Congress is now be- But on January 25, we are going to They don’t want a balanced budget ginning to clean out the cobwebs left have a historic opportunity to reestab- amendment because they want to con- by 40 years of one-party rule. We can- lish constitutional limits on the power tinue to spend without fear. Democrats not turn our backs on 40 years of mis- of the Federal Government when we don’t want unfunded mandates reform management overnight, and we cannot vote on the balanced budget amend- because they like telling the American turn back those mistakes. But in these ment. As Thomas Jefferson clearly people what to do. sought in 1798, ‘‘If there is one omis- first 100 days we will take the nec- The reason why the Democrats are sion I fear in the document called the essary first steps, voting on the bal- attacking the Speaker of the House is Constitution, it is that we did not re- anced budget amendment, considering clear. Republicans want to change the a line item veto, and beginning the strict the power of Government to bor- row money.’’ Let us correct that next Congress. Democrats want to change hard but necessary work on cutting the subject. back on Federal spending. week. As the Clinton campaign has been f f fond of saying, ‘‘It’s the economy, stu- BALANCED BUDGET AMENDMENT pid,’’ Now America has told us, ‘‘No, SLOW DOWN ON UNFUNDED it’s the spending, stupid.’’ So let us cut (Mr. KLECZKA asked and was given MANDATES LEGISLATION out the stupid spending and balance permission to address the House for 1 minute and to revise and extend his re- (Mrs. CLAYTON asked and was given the budget. permission to address the House for 1 f marks.) Mr. KLECZKA. Mr. Speaker, over the minute and to revise and extend her re- UNFUNDED FEDERAL MANDATES past years I have supported various marks.) versions of the balanced budget amend- Mrs. CLAYTON. Mr. Speaker, this (Mr. FARR asked and was given per- week the House will consider unfunded mission to address the House for 1 ment. However, I have not been willing to support just any version. After mandate legislation, H.R. 5. It is a pro- minute and to revise and extend his re- posal that admittedly has very popular marks and include extraneous mate- studying all of the proposals that will be coming up next week, I find them support, and I as a former government rial.) deficient in two areas, and I am intro- official understand what it is about. Mr. FARR. Mr. Speaker, I rise this ducing today an alternative amend- But I am compelled to ask, what is the morning with concern on the much- ment along with the gentlewoman from rush? The bill will be voted on without needed debate on unfunded mandates Oregon [Ms. FURSE] and the gentleman the benefit of hearings. that is being conducted by the Repub- from Florida [Mr. DEUTSCH]. I should The committee met last week, where lican leadership. Everyone agrees in point out it is identical to the contract people asked a number of questions principle that mandates should be paid balanced budget amendment, except that were not answered. The sponsors for. But before we leap, let us look. for two critical points. I just returned from the California refused to have these questions an- First, it excludes the Social Security swered. Yet the committee has been floods. All the talk was about help to trust fund, which our Nation’s senior bail out the families affected by those unable to tell us certainly whether this citizens depend on. Second, it does not will cover civil rights, how will the dis- floods. When the water recedes, that require a three-fifths vote to raise talk will shift to responsibility. Flood abled be protected, how will environ- taxes. mental laws be protected. In fact, we prevention is dependent upon man- If the House can vote with a simple dates. Think about it, flood plain zon- are yet to define what an unbalanced majority to declare war or for im- mandate is. ing, flood plain mapping, flood plain peachment of a President, we should be building standards. We need to know these things. Dif- able to set tax policy in the same man- ferent opinions about the coverage is The Republicans are more interested ner. This resolution creates a prudent expected, but certainly we should have in having a political victory in the and viable balance among fiscal re- a debate. We are going to eliminate the shortest time possible than in good sponsibility, majority rule, and our re- Federal laws that protect health care law. We should take time in this ses- sponsibility to our fellow Americans. sion, not the first 8 days, to talk about Please join myself, the gentlewoman and clean water. Should you not let people know? I urge that we should not how the unfunded mandates are going from Oregon [Ms. FURSE], and the gen- rush without a debate. to be carried out. Let us not go too tleman from Florida [Mr. DEUTSCH], as fast, too far, too soon. Allow the pub- a cosponsor of this balanced budget f lic, not just the politicians, to be in- resolution. volved in the debate. f CHANGING THE BUSINESS THAT f PACK UP CONGRESS DOES BALANCED BUDGET AMENDMENT (Mr. BALLENGER asked and was (Mr. FOX asked and was given per- (Mr. HOKE asked and was given per- given permission to address the House mission to address the House for 1 mission to address the House for 1 for 1 minute and to revise and extend minute and to revise and extend his re- minute.) his remarks.) marks.) Mr. HOKE. Mr. Speaker, when our House Democrats, stung by their his- Mr. FOX. Mr. Speaker, 2 weeks ago a forefathers met in Philadelphia in 1787, toric defeat in the last election, have majority of both Democrats and Re- their goal was to write a Constitution developed a new strategy. If you can’t publicans voted to reform Congress. based on limited government that pro- beat them, beat them up. Now that we have changed the way vided for the current and future needs As a consequence, they have decided Congress does business, I am looking of our country. But beginning with sev- to launch a series of bizarre and un- forward to, in a bipartisan fashion, eral Supreme Court decisions in the founded allegations about the newly changing the business Congress does. 1920’s and going right up through the elected Speaker and the Republican The people of this country have become present, that concept has been turned majority. impatient with a government that has on its head. As a result, we have seen Democrats have done this for a sim- grown too big, spends too much, and is the Federal Government grow to al- ple reason. They do not want to reform an enemy, not a friend, to working most a quarter of our gross national this House. Americans. January 18, 1995 CONGRESSIONAL RECORD — HOUSE H 301 We are going to prove our commit- The balanced budget amendment and proper level of respect is due to the ment to reducing the size and scope of the line-item veto build a new struc- Speaker. Government by working for the pas- ture for this Congress to live within. I Does the gentleman appeal the sage of a balanced budget amendment. urge my colleagues to vote ‘‘yes’’ on Chair’s ruling? Every American family knows the im- both of these important initiatives. Mr. VOLKMER. Mr. Speaker, I ap- portance of living within its means. f peal the ruling of the Chair. Congress needs to learn that same dis- MOTION TO TABLE OFFERED BY MR. LINDER cipline, and I encourage my colleagues THE SPEAKER’S BOOK DEAL Mr. LINDER. Mr. Speaker, I offer a on both sides of the aisle to support the (Mrs. MEEK of Florida asked and was motion. passage of the balanced budget amend- given permission to address the House The SPEAKER pro tempore. The ment. for 1 minute and to revise and extend Clerk will report the motion. f her remarks.) The Clerk read as follows: Mrs. MEEK of Florida. Mr. Speaker, LEAVE SOME FOR AMERICA Mr. LINDER moves to lay the Volkmer mo- the Speaker’s unbelievably good book tion on the table. (Mr. TRAFICANT asked and was deal, after all these secret meetings given permission to address the House and behind the scenes deal-making, Mr. WISE. Mr. Speaker, would the for 1 minute and to revise and extend which each day brings to light new and Clerk repeat the motion? his remarks.) more startling revelations, I am still The SPEAKER pro tempore. The mo- Mr. TRAFICANT. Mr. Speaker, I not satisfied with the answers I am tion is to lay on the table the appeal of have some problems with the policy getting about this very large and lucra- the ruling of the Chair. that allows Taco Bell to make great tive deal our Speaker has negotiated The question is on the motion offered profits in America, but requires the for himself. by the gentleman from Georgia [Mr. taxpayers of America to make a loan Now more than ever before the per- LINDER] to lay on the table the appeal to Mexico for Ma Bell to have a shop ception of impropriety, not to mention of the ruling of the Chair. down there. the potential conflict of interest, still The question was taken; and the Something is wrong here, folks. We exists and cannot be ignored. Speaker pro tempore announced that have already propped the peso up with the ayes appeared to have it. ... Mr. LINDER. Mr. Speaker, I object to $6 billion with NAFTA. We have lost Mr. WALKER. Mr. Speaker, I demand 40,000 jobs already with NAFTA. Now the vote on the ground that a quorum the gentlewoman’s words be taken is not present and make the point of Mexico wants $40 billion in loan guar- down. antees so they can become well. order that a quorum is not present. POINT OF ORDER The $40 billion will not make Mexico The SPEAKER pro tempore. Evi- Mr. WALKER. Point of order, Mr. well. It will make them more depend- dently a quorum is not present. Speaker. She should not approach the ent and limping back to Uncle Sam. The Sergeant at Arms will notify ab- Chair. And I want to advise Members, while sent Members. The SPEAKER pro tempore. The you keep worrying about the Mexican The vote was taken by electronic de- point of order is well taken. economy, you have got people unem- vice, and there were—yeas 214, nays Members should not approach the ployed and you have problems in our 169, not voting 52, as follows: Speaker during the Clerk’s report and own country. the Chair’s ruling. [Roll No. 17] By the way, what do we get for this YEAS—214 $40 billion? Two baseball players to be b 1120 Allard Cremeans Hoke named later? I think it is time to get The SPEAKER pro tempore (Mr. Archer Cubin Horn on a business program here, folks, STEARNS). The Clerk will read the gen- Armey Cunningham Hostettler Bachus (AL) Davis Houghton stone cold business. And we are losing tlewoman’s words. our pants. Think about that before we Baker (CA) DeLay Hunter The Clerk read as follows: Baker (LA) Diaz-Balart Hutchinson go shipping more money now to Mex- News accounts tell us that while the Ballenger Dickey Inglis ico. Between Russia, Mexico, and ev- Speaker may have given up the $4.5 million Barr Doolittle Istook erybody else, it is a wonder there is Barrett (NE) Dornan Johnson (CT) advance, he stands to gain that amount and Bartlett Dreier Johnson, Sam any program left in America. much more. That is a whole lot of dust where Barton Duncan Jones f I come from. If anything now, how much the Bass Dunn Kasich Speaker earns has grown much more depend- Bateman Ehlers Kelly VOTE ‘‘YES’’ ON BALANCED BUDG- ent on how hard his publishing house hawks Bereuter Emerson Kim ET AMENDMENT AND LINE-ITEM his book. Bilbray English King Bilirakis Ensign Kingston VETO The SPEAKER pro tempore. It is the Bliley Everett Klug (Mr. NEUMANN asked and was given Speaker’s opinion that innuendo and Blute Ewing Knollenberg Boehlert Fawell Kolbe permission to address the House for 1 critical references to the Speaker’s Boehner Fields (TX) LaHood minute and to revise and extend his re- personal conduct are not in order. Bonilla Foley Largent marks.) PARLIAMENTARY INQUIRY Bono Forbes Latham Brownback Fowler LaTourette Mr. NEUMANN. Mr. Speaker, when I Mr. VOLKMER. I have a parliamen- Bryant (TN) Fox Lazio came to Washington I made a commit- tary inquiry, Mr. Speaker. Bunn Franks (CT) Leach ment to the people of Wisconsin. They The SPEAKER pro tempore. The gen- Bunning Franks (NJ) Lewis (CA) expect me to do everything I can to re- tleman will state his inquiry. Burr Frelinghuysen Lewis (KY) Burton Funderburk Lightfoot duce the size and the cost of Govern- Mr. VOLKMER. Is the Speaker now Buyer Gallegly Linder ment, and I intend to follow through. saying it is the ruling of the Chair that Callahan Ganske Livingston That is why I support the balanced any statements as to activity, whether Calvert Gilchrest LoBiondo Camp Gilman Longley budget amendment and the line-item it is illegal or not, by the Speaker of Canady Goodling Lucas veto. the House in his private actions cannot Castle Goss Manzullo The balanced budget amendment will be brought to the floor of this House? Chabot Graham Martini change Washington. No longer will we Is that the Chair’s ruling? It appears Chambliss Greenwood McCollum Chenoweth Gunderson McCrery be able to fund programs with our chil- that it is. Christensen Hancock McDade dren’s money. No longer will we be able Mr. LINDER. Point of order. Chrysler Hansen McInnis to spend taxpayer funds without asking Mr. VOLKMER. I appeal the ruling of Clinger Hastert McIntosh Coble Hastings (WA) McKeon if we have the money to do so. The the Chair. I want to know what the rul- Coburn Hayworth Metcalf line-item veto allows for the elimi- ing of the Chair is. Collins (GA) Hefley Meyers nation of wasteful Government spend- The SPEAKER pro tempore. In an- Combest Heineman Mica ing. swer to the gentleman’s question, first, Cooley Herger Miller (FL) Cox Hilleary Molinari Mr. Speaker, it is time to change the it has been the Chair’s ruling, and the Crane Hobson Moorhead way we do things here in Washington. precedents of the House support this, a Crapo Hoekstra Morella H 302 CONGRESSIONAL RECORD — HOUSE January 18, 1995 Myers Roukema Taylor (NC) Seastrand Tanner Yates Goodlatte Lightfoot Royce Myrick Royce Thomas Sisisky Torres Young (FL) Goodling Linder Sanford Nethercutt Sanford Thornberry Slaughter Wilson Goss Livingston Saxton Neumann Saxton Tiahrt Smith (TX) Wynn Graham LoBiondo Scarborough Ney Scarborough Torkildsen Greenwood Longley Schaefer Norwood Schaefer Upton b 1137 Gunderson Lucas Schiff Nussle Schiff Vucanovich Hancock Manzullo Sensenbrenner Oxley Sensenbrenner Waldholtz Mr. FIELDS of Louisiana changed his Hansen Martini Shadegg Packard Shadegg Walker vote from ‘‘yea’’ to ‘‘nay.’’ Hastert McCollum Shaw Paxon Shaw Walsh Mr. SMITH of Michigan and Mr. Hastings (WA) McCrery Shays Petri Shays Wamp SOUDER changed their vote from Hayworth McDade Shuster Pombo Shuster Watts (OK) Hefley McInnis Skeen Porter Skeen Weldon (FL) ‘‘nay’’ to ‘‘yea.’’ Heineman McIntosh Smith (NJ) Portman Smith (MI) Weldon (PA) So the motion to table was agreed to. Herger McKeon Smith (WA) Pryce Smith (NJ) Weller The result of the vote was announced Hilleary Meyers Smith (MI) Quinn Smith (WA) White Hobson Mica Solomon Radanovich Solomon Whitfield as above recorded. Hoekstra Miller (FL) Souder Ramstad Souder Wicker A motion to reconsider was laid on Hoke Molinari Spence Regula Spence Wolf the table. Horn Moorhead Stearns Riggs Stearns Young (AK) The SPEAKER pro tempore (Mr. Hostettler Morella Stockman Roberts Stockman Zeliff Houghton Myers Stump Rogers Stump Zimmer STEARNS). Without objection, the Hunter Myrick Talent Rohrabacher Talent words will be stricken from the Hutchinson Nethercutt Tate Roth Tate RECORD. Inglis Neumann Taylor (NC) Istook Ney Thornberry NAYS—169 Mr. DINGELL. Mr. Speaker, I object. Johnson (CT) Norwood Tiahrt Abercrombie Green Owens The SPEAKER pro tempore. Objec- Johnson, Sam Oxley Torkildsen Baesler Hall (OH) Pallone tion is heard. Jones Packard Upton Kasich Paxon Vucanovich Baldacci Hall (TX) Parker POINT OF ORDER Barcia Hamilton Pastor Kelly Petri Waldholtz Barrett (WI) Harman Payne (NJ) Mr. THOMAS. Mr. Speaker, a point Kim Pombo Walker Beilenson Hastings (FL) Payne (VA) of order. King Porter Walsh Wamp Bentsen Hefner Peterson (FL) The SPEAKER pro tempore. The gen- Kingston Portman Bishop Hilliard Peterson (MN) Klug Pryce Watts (OK) Bonior Hinchey Pickett tleman from California will state his Knollenberg Quinn Weldon (PA) Borski Holden Pomeroy point of order. Kolbe Radanovich Weldon (FL) Brewster Hoyer Poshard Mr. THOMAS. Mr. Speaker, reserving LaHood Ramstad Weller Largent Regula White Browder Jackson-Lee Rahall the right to object, is it my under- Brown (CA) Jacobs Rangel Latham Riggs Whitfield Brown (FL) Jefferson Reed standing that the reason these words LaTourette Roberts Wicker Brown (OH) Johnson (SD) Richardson were taken down was because this was Lazio Rogers Wolf Young (AK) Bryant (TX) Johnson, E.B. Rivers not a reference to the Speaker in terms Leach Rohrabacher Cardin Johnston Roemer Lewis (CA) Roth Zeliff Clay Kanjorski Roybal-Allard of the Speaker’s position or the poli- Lewis (KY) Roukema Zimmer Clayton Kaptur Rush cies of the Speaker as an officer, or of Clement Kennelly Sabo this institution, but that in fact it was NAYS—178 Clyburn Kildee Sawyer a reference which clearly was outside Abercrombie Frost Mineta Coleman Kleczka Schroeder the rules; is that correct? Baesler Furse Minge Collins (IL) Klink Schumer Baldacci Gejdenson Mink Condit LaFalce Scott Mr. DINGELL. I object. Barcia Gephardt Moakley Conyers Lantos Serrano The SPEAKER pro tempore. Is there Barrett (WI) Gibbons Mollohan Costello Laughlin Skaggs objection to striking the words? Beilenson Gonzalez Montgomery Coyne Levin Skelton Bentsen Gordon Moran Cramer Lofgren Spratt The question is: Shall the words be Bevill Green Nadler Danner Luther Stark stricken from the RECORD? Bishop Hall (TX) Neal (MA) Deal Maloney Stenholm The question was taken; and the Bonior Hall (OH) Oberstar DeFazio Manton Stokes Speaker pro tempore announced that Borski Hamilton Obey DeLauro Markey Studds Boucher Harman Olver Dellums Martinez Stupak the ayes appeared to have it. Brewster Hastings (FL) Ortiz Dicks Mascara Tauzin Mr. FRANK of Massachusetts. Mr. Browder Hefner Orton Dingell Matsui Taylor (MS) Speaker, on that I demand the yeas Brown (FL) Hilliard Owens Doggett McCarthy Tejeda Brown (CA) Hinchey Pallone Dooley McDermott Thompson and nays. Brown (OH) Holden Parker Doyle McHale Thornton The yeas and nays were ordered. Bryant (TX) Hoyer Pastor Durbin McKinney Thurman The vote was taken by electronic de- Cardin Jackson-Lee Payne (NJ) Edwards Meehan Torricelli vice, and there were—yeas 217, nays Clay Jacobs Payne (VA) Engel Meek Towns Clayton Jefferson Peterson (MN) Eshoo Menendez Traficant 178, not voting 40, as follows: Clement Johnson (SD) Peterson (FL) Farr Mfume Tucker Clyburn Johnson, E. B. Pickett ´ [Roll No. 18] Fattah Miller (CA) Velazquez Coleman Johnston Pomeroy Fazio Mineta Vento YEAS—217 Collins (IL) Kanjorski Poshard Fields (LA) Minge Visclosky Allard Buyer Dornan Condit Kaptur Rahall Filner Mink Volkmer Archer Callahan Dreier Conyers Kennelly Rangel Ford Moakley Ward Armey Calvert Duncan Costello Kildee Reed Frank (MA) Montgomery Waters Bachus Camp Dunn Coyne Kleczka Richardson Frost Moran Watt (NC) Baker (CA) Canady Ehlers Cramer Klink Rivers Furse Nadler Waxman Baker (LA) Castle Ehrlich Danner LaFalce Roemer Gejdenson Neal Williams Ballenger Chabot Emerson Deal Lantos Roybal-Allard Gephardt Oberstar Wise Barr Chambliss English DeFazio Laughlin Rush Geren Obey Woolsey Barrett (NE) Chenoweth Ensign DeLauro Levin Sabo Gibbons Olver Wyden Bartlett Christensen Everett Dellums Lipinski Sanders Gonzalez Ortiz Barton Chrysler Ewing Dicks Lofgren Sawyer Gordon Orton Bass Clinger Fawell Dingell Lowey Schroeder Bateman Coble Fields (TX) Doggett Luther Schumer NOT VOTING—52 Bereuter Coburn Flanagan Dooley Maloney Scott Ackerman Flanagan Lincoln Bilbray Collins (GA) Foley Doyle Manton Serrano Andrews Foglietta Lipinski Bilirakis Combest Forbes Durbin Markey Sisisky Becerra Frisa Lowey Bliley Cooley Fowler Edwards Martinez Skaggs Berman Gekas McHugh Blute Cox Fox Engel Mascara Skelton Bevill Gillmor McNulty Boehlert Crane Franks (NJ) Eshoo Matsui Spratt Boucher Gingrich Mollohan Boehner Crapo Franks (CT) Evans McCarthy Stark Chapman Goodlatte Murtha Bonilla Cremeans Frelinghuysen Farr McDermott Stenholm Collins (MI) Gutierrez Pelosi Bono Cubin Frisa Fattah McHale Stokes de la Garza Gutknecht Quillen Brownback Cunningham Funderburk Fazio McKinney Studds Deutsch Hayes Reynolds Bryant (TN) Davis Gallegly Fields (LA) Meehan Stupak Dixon Hyde Ros-Lehtinen Bunn DeLay Ganske Filner Meek Tanner Ehrlich Kennedy (MA) Rose Bunning Diaz-Balart Gilchrest Foglietta Menendez Tauzin Evans Kennedy (RI) Salmon Burr Dickey Gillmor Ford (TN) Mfume Taylor (MS) Flake Lewis (GA) Sanders Burton Doolittle Gilman Frank (MA) Miller (CA) Tejeda January 18, 1995 CONGRESSIONAL RECORD — HOUSE H 303 Thompson Vela´ zquez Waxman sonal references made about them THOUGHTS ON A NEGATIVE Thornton Vento Williams Thurman Visclosky Wise when that question is brought up. APPROACH Torricelli Volkmer Woolsey Mr. WISE. Mr. Speaker, continuing (Mr. LINDER asked and was given Towns Ward Wyden my parliamentary inquiry, then the permission to address the House for 1 Traficant Waters Speaker is not entitled to any higher Tucker Watt (NC) minute.) standard than any other Member in re- The SPEAKER pro tempore. The gen- NOT VOTING—40 gard to personal references, is that cor- tleman may proceed. Ackerman Gutknecht Reynolds rect, or any lower standard? Andrews (NJ) Hayes Ros-Lehtinen The SPEAKER pro tempore. The Mr. FRANK of Massachusetts. Mr. Becerra Hyde Rose Chair has already ruled, but the Speak- Speaker, a parliamentary inquiry. Berman Kennedy (MA) Salmon Mr. LINDER. Regular order, Mr. Chapman Kennedy (RI) Seastrand er as a Member and as presiding officer Collins (MI) Lewis (GA) Slaughter is entitled to the respect of all Mem- Speaker. I have been recognized in the de la Garza Lincoln Smith (TX) bers. well of the House. Do I have the floor? Deutsch McHugh Torres The SPEAKER pro tempore. The gen- Dixon McNulty Wilson Mr. WISE. But what about the Flake Metcalf Wynn Speaker? Is the Speaker as Speaker en- tleman from Georgia [Mr. LINDER] is Gekas Murtha Yates titled to any different level of atten- recognized for 1 minute. Geren Nussle Young (FL) tion or respect than any other Member Mr. LINDER. Mr. Speaker, sometime Gingrich Pelosi Gutierrez Quillen in the Chamber? just before the campaigns got in ear- The SPEAKER pro tempore. The nest, a former majority whip of this b 1157 Speaker is entitled to respect. House, Tony Coelho, was brought in to So the motion to strike the words Mr. WISE. I have a further par- help the Democrats win. He said this: was agreed to. liamentary inquiry, Mr. Speaker. Ideas are not the issue. Candidates can’t The result of the vote was announced The SPEAKER pro tempore. The gen- get reelected if they run on who they are and as above recorded. tleman from Georgia [Mr. LINDER] is what they stand for. They have to go in and A motion to reconsider was laid on seeking recognition. put negative ads out. The only way you can the table. Mr. WISE. Mr. Speaker, this goes di- win races today is with negative advertising. rectly to the issue. Can any questions f It seems to me that the minority has be raised about the personal financial decided to continue the campaign and RESPONSE OF MEMBER dealings by the Speaker that have been absent an ability to compete with the FOLLOWING THE VOTE reported in the public media? Speaker’s ideas, they have chosen to The SPEAKER pro tempore. The tear down the Speaker personally. Mrs. MEEK of Florida. Mr. Speaker, Chair has ruled and the House has sup- There are far more things to be done in may I be recognized? ported the Chair’s ruling on the point this House than to make personal at- The SPEAKER pro tempore (Mr. of order from this side. tacks. I do not recall—— STEARNS). Without objection, the gen- Mr. WISE. Is it the Chair’s position tlewoman from Florida [Mrs. MEEK] that no questions can be raised about Mr. FRANK of Massachusetts. A may proceed in order. the Speaker’s personal financial deal- point of order, Mr. Speaker. (There was no objection.) ings? Mr. LINDER. Do I have the floor, Mr. Mrs. MEEK of Florida. Mr. Speaker, I The SPEAKER pro tempore. There Speaker? have reviewed my statement carefully. are proper channels in the House for Mr. Speaker, I do not recall these I do not see anything in my statement questioning the conduct of Members, questions being raised about a former that should be so objectionable and ob- including the Speaker. Member of the Senate—— noxious. I have been elected to this Mr. WISE. If there is not an ethics POINT OF ORDER House to speak the truth. There is investigation pending—— nothing in the rules that says ‘‘CARRIE Mr. FRANK of Massachusetts. A Mr. DELAY. Regular order, Mr. point of order, Mr. Speaker. MEEK can’t speak the truth,’’ and that Speaker. is what I have done. The SPEAKER pro tempore. Will the Mr. WISE. With a privileged resolu- gentleman suspend, and will the gen- And, Mr. Speaker, I respect my Re- tion or an ethics resolution not pend- tleman from Massachusetts state his publican colleagues who have spoken ing, is it appropriate to question any of point of order? the truth as they saw it. the financial dealings of the Speaker in Mr. FRANK of Massachusetts. Ten- The SPEAKER pro tempore. The the context of 1-minute speeches or tatively as to the Chair’s ruling, the time of the gentlewoman from Florida other activities? gentleman is impugning the motives of [Mrs. MEEK] has expired. Mr. DELAY. Regular order. Members of this House. The gentleman f The SPEAKER pro tempore. The Chair is entertaining a parliamentary at the microphone has just said he has PARLIAMENTARY INQUIRIES inquiry. imputed inappropriate motives to Mr. WISE. Mr. Speaker, I have a par- Mr. WISE. I will restate it if the things that have been said, but the liamentary inquiry. Chair wishes. tenor of the Chair’s ruling is that no Mr. Speaker, my parliamentary in- The SPEAKER pro tempore. Simply personal references to other Members quiry is based upon the Speaker’s re- put, in debate references personally to ought to be allowed. cent ruling and the action by this the Speaker are not in order. The SPEAKER pro tempore (Mr. Chair and by this body. The question I Mr. DELAY. Mr. Speaker, if I may be STEARNS). The Chair will state that the have may involve several Members recognized, is it a parliamentary proce- gentleman from Georgia has not made about to speak. dure in this House that when Members a personal reference to any one Mem- Is the Speaker entitled to a higher call for regular order, the Speaker is to ber. The gentleman from Georgia may level of avoidance than other Mem- rule and go to regular order, particu- continue. bers? That seems to be the issue raised larly in light of the fact that a Member Mr. LINDER. Mr. Speaker, I would in the Speaker’s response on this. is not stating a proper parliamentary like to further ask if any of these ethi- Mr. DELAY. Regular order, Mr. inquiry? cal questions were raised about the speaker. The SPEAKER pro tempore. The gen- book, ‘‘Earth in the Balance,’’ which Mr. WISE. Does the body refrain tleman should know in deference to yielded a $100,000 advance to its author, from raising certain questions about him that the Chair was entertaining a a former Member of the other body, the Speaker that it could raise about parliamentary inquiry that was proper, and $670,000 in royalties. Where were other Members in the Chamber? and the Chair was answering. the questions of impropriety there? The SPEAKER pro tempore. All The gentleman from Georgia [Mr. Mr. Speaker, it seems to me these Members are entitled to have no per- LINDER] is now recognized for 1 minute. questions are very selective. H 304 CONGRESSIONAL RECORD — HOUSE January 18, 1995 THE STRICKEN WORDS gret that, and I apologize to the gen- Clerk has read certain words, and there (Mr. VOLKMER asked and was given tleman from California. has been a decision in the House. The permission to address the House for 1 The SPEAKER pro tempore. Is there Chair’s position was sustained. Ref- minute and to revise and extend his re- objection to the request of the gen- erences to personal improprieties are marks.) tleman from Missouri [Mr. VOLKMER]? not within the decorum of the House. Mr. VOLKMER. Mr. Speaker, in light Mr. THOMAS. Reserving the right to Mr. BONIOR. There was no language of the previous speaker and the Chair’s object, Mr. Speaker, and I will not ob- of impropriety. Mr. Speaker, I would ruling, I feel it incumbent upon me and ject, I appreciate very much the gen- like to know where the language of im- the House to hear the words. After all tleman from Missouri’s words. This is propriety is that the Speaker cites. the secret dealings behind the scenes the beginning of a new Congress with a What part of the statement refers to new structure. All of us are testing and the dealmaking, which with each the impropriety? limits. It seems to me what we ought new day brings to light more startling The SPEAKER pro tempore. The to do is do the people’s business, in- revelations, I am still not satisfied Chair has ruled, it has been voted on, stead of what has been happening for with the answers I am getting about and the Clerk has read those words. the last half hour. I thank the gen- this very large and very lucrative book Mr. HEFNER. Mr. Speaker, a further tleman. deal our Speaker has negotiated for parliamentary inquiry. Would the Mr. Speaker, I withdraw any reserva- himself. Speaker do some clarification for me. tion of objection. Now, more than ever before, the per- Under the new rules of the House, have Mr. BONIOR. Mr. Speaker, reserving ception of impropriety, not to mention there been any changes that have al- the right to object, and I will not ob- tered rules that we operated under on the potential conflict of interest, still ject, but I make a reservation, Mr. 1-minute speeches and special orders 10 exists, and it cannot be ignored. News Speaker, to get the attention of the years ago in this House? accounts tell us while the Speaker may Members of the House and the Speak- The SPEAKER pro tempore. No. have given up the $4.5 million advance, er’s attention. Mr. HEFNER. That is a contradiction he stands to gain that amount and Mr. Speaker, what we are seeking of what you have ruled, Mr. Speaker, in much more in royalties. here is a clarification of the original POINTS OF ORDER ruling. Members have come to the all fairness. Mr. THOMAS. Mr. Speaker, those floor, and they do not understand the Mr. LINDER. Mr. Speaker, a further words have been stricken from the ruling that has been made by the parliamentary inquiry. Since this en- RECORD. The gentleman from Missouri Speaker and the broad implications it tire issue has been disposed of through cannot repeat them. will have on speech in this institution a majority vote of the House, is it ap- The SPEAKER pro tempore. Will the today and in the future. At the proper propriate to get on with the business of gentleman from Missouri suspend for a point, I would appreciate the Speaker the House? moment? recognizing me so I could pose that The SPEAKER pro tempore. The gen- Mr. VOLKMER. If anything now, the question and we could get on with the tleman is correct. Speaker himself has grown much more issues that we are concerned with here Mr. TORRICELLI. Mr. Speaker, a dependent upon how hard his publish- today. further parliamentary inquiry. ers promote his book. Mr. Speaker, I withdraw my reserva- Mr. Speaker, while the Chair has The SPEAKER pro tempore. Will the tion of objection. ruled, it must now be clear to all Mem- gentleman from Missouri suspend? The SPEAKER pro tempore. Is there bers that the comity of this House and The gentleman from California has objection to the request of the gen- our ability to proceed depends upon an made a point that is well taken. Those tleman from Missouri? understanding of the Chair’s ruling. I words have already been ruled out of There was no objection. would therefore inquire as to what order. PARLIAMENTARY INQUIRIES precedents the Chair has relied upon is Does the gentleman wish to proceed Mr. BONIOR. Mr. Speaker, I have a finding that involved an innuendo. in order? parliamentary inquiry. Mr. Speaker, Clearly there are Members of the in- Mr. VOLKMER. Yes. This leads me to there is parliamentary confusion. stitution who recall that Mr. GINGRICH the question of exactly who does the There is deep confusion about the rul- as a Member of this institution came Speaker work for? Is it the American ing just rendered by the Chair. We have to the floor raising questions about people or his New York publishing sat here for 10 years while the Speaker former Speaker Wright’s publishing ac- house? has accused this Democratic leadership tivities. Did therefore the Par- of being corrupt, and now we find our- liamentarian at any time rule that b 1210 selves in a situation in which we can- those inquiries were inappropriate? Mr. THOMAS. Mr. Speaker, those not even address the issues in which Can the Chair cite in support of his rul- words have been stricken from the the Speaker is engaged which have ing any instance in the history of this RECORD by a vote of this House. The raised controversy in this institution institution when such a similar inquiry gentleman under the rules is not al- and around the country. I would like about a financial matter, stated upon lowed to repeat them, and he continues the Chair to be specific with respect to the facts, in all instances relying upon to do so. the ruling which he has just rendered the truth, was ever inappropriate? In- Mr. VOLKMER. Further point of this body. deed, Mr. Speaker, can the truth ever order, Mr. Speaker. That is not true. The SPEAKER pro tempore. The be inappropriate on the floor of this in- Those words were not spoken by the Chair has stated this a number of times stitution? gentlewoman from Florida. Those previously, what the position has been. The SPEAKER pro tempore. A Mem- words were not spoken, Mr. Speaker, It has been voted on in the House of ber alleging it is true does not make it ... Representatives that basically through in order. Mr. DELAY. Mr. Speaker, I demand innuendo what appears to be a degrada- Mr. TORRICELLI. Mr. Speaker, that the gentleman’s words be taken tion of the character or personal ref- therefore, is it indeed true that the down. erence to a Member is not within the Chair never ruled Mr. GINGRICH’S com- The SPEAKER pro tempore (Mr. decorum of the House of Representa- ments inappropriate in his inquiries STEARNS). The gentleman from Mis- tives. So the Chair has ruled and the about Mr. Wright’s publishing activi- souri will be seated. The Clerk will re- House has voted. ties and his $12,000 profit? port the words. Mr. BONIOR. Mr. Speaker, a further The SPEAKER pro tempore. The For what purpose does the gentleman parliamentary inquiry. Would the Chair would state that on June 15, 1988, from Missouri rise? Speaker please tell us what was innu- Speaker pro tempore at that point Tom Mr. VOLKMER. Mr. Speaker, I ask endo in the statement that was made Foley cautioned all Members to avoid unanimous consent to withdraw the by the gentlewoman from Florida? personal references to the conduct of words in which I used the word ‘‘liar’’ The SPEAKER pro tempore. The the Speaker and to those who brought to the gentleman from California. I re- Chair has already ruled on this. The charges. January 18, 1995 CONGRESSIONAL RECORD — HOUSE H 305

Mr. TORRICELLI. Mr. Speaker, my The SPEAKER pro tempore. It would from California [Mr. THOMAS], made in- parliamentary inquiry was this: Was depend upon whether it was a personal- quiry of the Chair as to whether or not the Member from Georgia’s words, ity in the debate. the Chair could rule on a remark that Madam President, Mr. GINGRICH’s Mr. DINGELL. Have the rules been was made by a Member if, indeed, that words, ever taken down when he rose changed to effect a different order of remark was not taken down and not on the floor and raised questions about precedents and dignity to the Speaker? challenged by another Member. I be- the $12,000 publishing deal of Mr. Is he now treated differently than lieve the Chair ruled in the affirma- Wright? other Members of this body so that tive. questions about propriety of behavior My first parliamentary inquiry is, Is b 1220 of other Members may be raised but not a Member entitled to know, before questions about the propriety of the My memory, Mr. Speaker, is those he or she is challenged, as to what the behavior of the Speaker may not now rules are of this House before they words were never taken down. be raised? make any statement? The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Simply The SPEAKER pro tempore. Mem- STEARNS). The gentleman from New put, personalities in regard to all Mem- bers can seek advice before they intend Jersey, as he can imagine, the Speaker bers should not be part of the debate. to speak on any issue. The rules of the pro tempore announced a standard but, Mr. THOMAS. Mr. Speaker, I have a House are clear on this matter. did not rule in response to a point of parliamentary inquiry. Mr. RANGEL. Mr. Speaker, obvi- order on that occasion. And more im- The SPEAKER pro tempore. The gen- ously, the House is seeking clarifica- portantly, those words were not chal- tleman will state it. tion of the rules. The Chair has ruled lenged at the time. Mr. THOMAS. Under the rules, if a that he will give rulings only when the Mr. TORRICELLI. Mr. Speaker, I be- Member, in fact, speaks words that Member is challenged. Until we can lieve that my point has been made and under the rules could be taken down really find out what is said and what is that it stands. There has been an in- and no one asks that they be taken not said, it is going to be acceptable consistency. The precedents of the down, then, in fact, words could have conduct, forgetting this present sub- House have not been maintained, and been spoken that would have been ject. My predecessor, Adam Clayton the truth has been ruled out of order. taken down but no one asked that they Powell, was voted out of office 25 years Mr. DINGELL. Mr. Speaker, I have a be taken down; is that correct under ago because of allegations made on this parliamentary inquiry. our rules? Or does the Chair have the floor. I would like to know what re- The SPEAKER pro tempore. The gen- prerogative to ask the words be taken strictions do I have as a Member that tleman will state it. down? I would know that no one could ever Mr. DINGELL. Mr. Speaker, the The SPEAKER pro tempore. The challenge this statement successfully. Chair has made the ruling that it is not Chair does have that prerogative. The And the only way I would know is by parliamentary language to raise ques- Chair does have the prerogative of tak- the Chair clarifying its ruling. tions by innuendo. May I inquire of the ing a Member’s words down. The SPEAKER pro tempore. The Chair what that means with regard to Mr. THOMAS. If the Chair does not Chair cannot anticipate all references. the right of Members to raise questions exercise that right and no Member of The House has ruled on this question. about the propriety of the behavior of the House exercises that right, words It is pretty clear and evident what the other Members of this body under ei- indeed may have been spoken that Speaker’s decision has been. And it was could have been taken down but were ther the rules or the statutes of the confirmed. not because the proper request was United States and the House of Rep- Mr. OBEY. Mr. Speaker, I have a par- never made; is that correct under our resentatives? liamentary inquiry. rules? The SPEAKER pro tempore. Personal The SPEAKER pro tempore. The gen- The SPEAKER pro tempore. The gen- tleman will state it. references to Members are clearly not tleman is correct. Mr. OBEY. Mr. Speaker, would it be in order. Mr. BONIOR. Mr. Speaker, I have a in order for an individual Member such Mr. DINGELL. What about questions, parliamentary inquiry. as myself to indicate his agreement though, Mr. Speaker, relative to the The SPEAKER pro tempore. The gen- with the words just stricken? propriety of the behavior of Members tleman will state it. The SPEAKER pro tempore. The gen- under the rules of the House of Rep- Mr. BONIOR. Mr. Speaker, I have two tleman has not stated a parliamentary resentatives and the laws of the United parliamentary inquiries to pose to the inquiry. States? Are those questions still per- Speaker. The first deals with the con- Mr. OBEY. The Chair does not care mitted to be raised under the rules and cern that the Speaker raised with re- to answer that. have the rules of the House been spect as to how this should be dealt changed with regard to those matters? with. The Speaker, as I recall, sug- f The SPEAKER pro tempore. The gested that this should be dealt with in MOTION TO ADJOURN Chair will enforce the rules of the proper order and in a proper forum. House as those demands come forward. How can we deal with this in the prop- Mr. MFUME. Mr. Speaker, this Mem- Mr. DINGELL. Well, am I permitted er forum if we do not have an Ethics ber believes that the Chair today has or is another Member of this body per- Committee, Mr. Speaker, when there is demonstrated a very clear inconsist- mitted to raise questions about the none that has been appointed? ency with respect to the rights of Mem- propriety of the behavior of Members And, second, I would like to ask the bers of this institution in an unfair and of this body under the rules and under Speaker this question: The gentleman biased way. As such, Mr. Speaker, I the statutes of the United States? Or who spoke, the distinguished gen- move that the House do now adjourn. does the ruling of the Chair preclude tleman from Georgia [Mr. LINDER], I The SPEAKER pro tempore. The Members from raising questions of that believe, made reference to the Vice question is on the motion offered by kind in appropriate fashion on the floor President in his remarks. Are those re- the gentleman from Maryland [Mr. of this body? marks with respect to his conduct, the MFUME]. The SPEAKER pro tempore. The gen- Vice President’s, out of order as well? The question was taken; and the tleman realizes, there are rules and The SPEAKER pro tempore. Ref- Speaker pro tempore announced that proper channels for bringing conduct of erences should not be made to the per- the noes appeared to have it. Members before the House. sonal conduct of the Vice President. RECORDED VOTE Mr. DINGELL. And I appreciate that, Mr. RANGEL. Mr. Speaker, I have a Mr. MFUME. Mr. Speaker, I demand Mr. Speaker, but that does not respond parliamentary inquiry. a recorded vote. to my question. I asked, are Members The SPEAKER pro tempore. The gen- A recorded vote was ordered. now precluded from raising questions tleman will state it. The vote was taken by electronic de- about the behavior of other Members of Mr. RANGEL. Mr. Speaker, my vice, and there were—ayes 152, noes 247, this body? friend and colleague, the gentleman not voting 36, as follows: H 306 CONGRESSIONAL RECORD — HOUSE January 18, 1995 [Roll No. 19] Klug Ney Smith (MI) We came here hoping there was going Knollenberg Norwood Smith (NJ) AYES—152 Kolbe Nussle Smith (TX) to be much more openness. We heard Abercrombie Gonzalez Owens LaFalce Obey Smith (WA) all these stories about openness and de- Baldacci Hall (OH) Pallone LaHood Oxley Solomon bate and all of that, and so far we have Barcia Hall (TX) Parker Largent Packard Souder constantly seen people choked and Bentsen Hamilton Pastor Latham Paxon Spence Bevill Hastings (FL) Payne (NJ) LaTourette Petri Stearns gagged and cut off over and over again. Bishop Hilliard Payne (VA) Lazio Pickett Stump Today, I see that as one more exam- Bonior Hinchey Peterson (FL) Leach Pombo Talent ple. I am very concerned about how we Borski Holden Peterson (MN) Lewis (CA) Porter Tanner Boucher Hoyer Pomeroy Lewis (KY) Portman Tate are going to proceed if we cannot bring Browder Jackson-Lee Poshard Lightfoot Pryce Taylor (NC) issues to this floor and debate them Brown (CA) Jefferson Rahall Linder Quinn Thomas openly and in the manner that we have Brown (FL) Johnson (SD) Rangel Livingston Radanovich Thornberry Brown (OH) Johnson, E. B. Reed LoBiondo Ramstad Thornton in the past. Bryant (TX) Johnston Richardson Longley Regula Tiahrt Cardin Kanjorski Rivers Lucas Riggs Torkildsen f Clay Kaptur Roybal-Allard Manzullo Roberts Upton Clayton Kennelly Rush Martini Roemer Vucanovich ONE EXPLANATION OF HOUSE Clement Klink Sabo McCollum Rogers Waldholtz PROCEEDINGS Clyburn Lantos Sanders McCrery Rohrabacher Walker Coleman Laughlin Sawyer McDade Roth Walsh (Mr. DELAY asked and was given per- Collins (IL) Levin Schumer McHale Roukema Wamp mission to address the House for 1 Condit Lewis (GA) Scott McInnis Royce Waters Conyers Lipinski Serrano McIntosh Sanford Watt (NC) minute and to revise and extend his re- Costello Lofgren Skaggs McKeon Saxton Watts (OK) marks.) Coyne Lowey Skelton Meehan Scarborough Weldon (FL) Mr. DELAY. Mr. Speaker, I want to Cramer Luther Spratt Metcalf Schaefer Weldon (PA) Danner Maloney Stark Meyers Schiff Weller announce to the entire House that we DeFazio Markey Stenholm Mica Schroeder White are once again going to send every DeLauro Martinez Stokes Miller (FL) Seastrand Whitfield Member a copy of the rules so that Dellums Mascara Studds Molinari Sensenbrenner Wicker they can understand the rules of the Dicks Matsui Stupak Moorhead Shadegg Wolf Dingell McCarthy Tauzin Morella Shaw Young (AK) House as we passed them a couple of Doggett McDermott Taylor (MS) Myers Shays Zeliff weeks ago. Dooley McKinney Tejeda Myrick Shuster Zimmer It is very evident to me what is hap- Doyle Meek Thompson Nethercutt Sisisky Durbin Menendez Thurman Neumann Skeen pening here, and we will inform the Engel Mfume Torricelli Members more. We know that the Com- NOT VOTING—36 Eshoo Miller (CA) Towns mittee on Rules is meeting on a rule in Evans Mineta Traficant Ackerman Gutknecht Quillen order to bring the unfunded mandate Farr Minge Tucker Andrews Hayes Reynolds Fattah Mink Velazquez Becerra Hefner Ros-Lehtinen bill to the floor. You have to be in pro Fazio Moakley Vento Berman Istook Rose forma session in order to file that rule Filner Mollohan Visclosky Chapman Kennedy (MA) Salmon if there is no other business on the Foglietta Montgomery Volkmer Collins (MI) Kennedy (RI) Slaughter Ford Moran Ward Deutsch Lincoln Stockman floor. Frank (MA) Nadler Waxman Dixon Manton Torres That is what is happening here. The Frost Neal Williams Flake McHugh Wilson other side of the aisle is trying every Furse Oberstar Wise Gekas McNulty Wynn tactic that they can to stop the Con- Gejdenson Olver Woolsey Gingrich Murtha Yates Gephardt Ortiz Wyden Gutierrez Pelosi Young (FL) tract With America. That is quite evi- Geren Orton dent to the American people. b 1242 NOES—247 Mr. VOLKMER. Mr. Speaker, I ask Mr. ENSIGN, Mr. ROEMER, and Mrs. that the gentleman’s words be taken Allard Coble Ganske Archer Coburn Gibbons CHENOWETH changed their vote from down. Armey Collins (GA) Gilchrest ‘‘aye’’ to ‘‘no.’’ The SPEAKER pro tempore (Mr. Bachus Combest Gillmor Mr. MARKEY and Mr. HINCHEY STEARNS). The gentleman from Texas Baesler Cooley Gilman changed their vote from ‘‘no’’ to ‘‘aye.’’ Baker (CA) Cox Goodlatte [Mr. DELAY] will be seated while the Baker (LA) Crane Goodling So the motion to adjourn was re- words are being taken down. Ballenger Crapo Gordon jected. Barr Cremeans Goss The result of the vote was announced b 1250 Barrett (NE) Cubin Graham as above recorded. Barrett (WI) Cunningham Green The Clerk will report the words. Bartlett Davis Greenwood f The Clerk read as follows: Barton de la Garza Gunderson Bass Deal Hancock A CALL FOR OPENNESS That is what is happening here. The other Bateman DeLay Hansen side of the aisle is trying every tactic they Beilenson Diaz-Balart Harman (Mrs. SCHROEDER asked and was can to stop the Contract With America. That Bereuter Dickey Hastert given permission to address the House is quite evident to the American people. Bilbray Doolittle Hastings (WA) for 1 minute.) The SPEAKER pro tempore. In the Bilirakis Dornan Hayworth Mrs. SCHROEDER. Mr. Speaker, I Bliley Dreier Hefley opinion of the Chair that is not an im- Blute Duncan Heineman am delighted we stayed in session be- proper personal reference to any Mem- Boehlert Dunn Herger cause I think this is a very tragic, ber. Boehner Edwards Hilleary tragic, historic day. Bonilla Ehlers Hobson The gentleman from Texas may pro- Bono Ehrlich Hoekstra First of all, I must say we heard com- ceed. Brewster Emerson Hoke ments about we had to get on to the Brownback English Horn Mr. VOLKMER. I appeal the ruling of people’s business. I must say if there the Chair. Bryant (TN) Ensign Hostettler were some people’s business today, no Bunn Everett Houghton The CHAIRMAN. The gentleman Bunning Ewing Hunter one on our side knew it because the wishes to appeal the ruling of the Burr Fawell Hutchinson schedule we were handed said pro Chair. Burton Fields (LA) Hyde forma. That usually means they did Buyer Fields (TX) Inglis Callahan Flanagan Jacobs not have anything scheduled. So if PARLIAMENTARY INQUIRY Calvert Foley Johnson (CT) there was something, we were the last Mr. VOLKMER. Mr. Speaker, I with- Camp Forbes Johnson, Sam to know. draw that then and ask, if I may, a par- Canady Fowler Jones Castle Fox Kasich If there is some people’s business, I liamentary inquiry. Chabot Franks (CT) Kelly hope the people on that side would tell The CHAIRMAN. The gentleman will Chambliss Franks (NJ) Kildee us what it is that we are supposedly de- state it. Chenoweth Frelinghuysen Kim laying. But I must say, I am very trou- Mr. VOLKMER. Before the gen- Christensen Frisa King Chrysler Funderburk Kingston bled to see what has happened to truth tleman from Texas continues, what I Clinger Gallegly Kleczka in this Chamber today. am hearing from the Chair, and correct January 18, 1995 CONGRESSIONAL RECORD — HOUSE H 307 me, in the previous ruling it is imper- minute and to revise and extend her re- people, but a duly elected Member of missible to say anything about another marks.) this body, of this Congress, cannot re- Member, or insinuate by innuendo any- Ms. KAPTUR. Mr. Speaker, today port from this floor to his or her con- thing about the private life or aspects freedom of speech on this floor is at stituency the latest press reports on of a Member. stake. Two weeks into this Congress we the Speaker’s book deal. But now what the Chair is saying is see what gag rules are all about when So let me remind any Speaker in this it is all right to impugn motives by in- no Ethics Committee has been ap- chair that the Members of this side of nuendo of a whole group. Is that cor- pointed by the Speaker, when Members the aisle will not be gagged, we will not rect? So he can say it about the whole are purposefully muzzled in commit- be silenced, we will not be intimidated, group, but not to a Member, because tees, when no hearings are allowed, we will continue to question all actions that is by innuendo he implied our mo- when witness lists are completely con- tives and my motives. trolled, we understand what a gag rule of anyone who does not conform to the The SPEAKER pro tempore. It is the is. high standards expected by the Amer- opinion of the Chair that the words do In doing our people’s business we ican people and of this institution. not engage in personal innuendo have a right to know where a new au- Free speech will not be squelched to against any one Member, and Members thor’s personal interests, financial in- protect anyone. can engage in debate on political moti- terests get tied up with his public du- f vation which is not—— ties. The deal for a $4.5 million advance Mr. VOLKMER. A book deal is not a for three books not written, plus royal- WE REMAIN DETERMINED political motivation. ties are signed with a company owned The SPEAKER pro tempore. Let the by Rupert Murdock, the very man who (Ms. MOLINARI asked and was given Chair finish—which is not personal. owns Fox News Network and could di- permission to address the House for 1 The gentleman from Texas [Mr. rectly benefit by the obliteration of minute.) DELAY] may proceed. public television and radio, positions Ms. MOLINARI. Mr. Speaker, there Mr. DELAY. I think we all ought to that the top official in this House has have been a lot of facts that have been take a deep breath. It is quite evident already publicly said he supports. ignored in this recent debate. to the American people that from Jan- So we trade Big Bird and Barney for Fact No. 1, there was, up until this uary 4 we have been working tirelessly the gag rule. point in time, a lot of work that was to get to the Contract With America. f going on, no, not on the House floor f THE MINORITY IS ATTEMPTING TO but in committee meetings. GRIDLOCK REPLACED BY GAG THE AMERICAN PEOPLE Five subcommittees of Appropria- TOTALITARIANISM tions were attempting to meet today; (Mr. PAXON asked and was given the Economic and Educational Sub- (Mr. WATT of North Carolina asked permission to address the House for 1 committee was meeting on welfare re- and was given permission to address minute and to revise and extend his re- form; National Security, the Resources the House for 1 minute.) marks.) Mr. WATT of North Carolina. Mr. Mr. PAXON. Mr. Speaker, the pre- Committee. Rules is meeting to deliver Speaker, on last Wednesday at approxi- vious speaker mentioned a gag rule. It the unfunded mandates bill to the mately 6 o’clock the Judiciary Com- is the minority party that is attempt- floor. Small Business and Ways and mittee, after 1 day of markup on the ing to put a gag rule on the will of the Means. Those are important motions balanced budget amendment, and with American people. that are going on outside the House the Democratic members of that com- The American people want the un- floor that have been delayed. mittee having in excess of 20 amend- funded mandates legislation brought to Fact No. 2, the people who ruled the ments to the bill that was pending, the floor today. But what is the minor- so-called gag order was the Par- closed debate and went home on ity party trying to do? Adjourn the liamentarian that was hired by the mi- Wednesday afternoon. House so that legislation cannot come nority party, not by the Republicans. On yesterday, congressional account- to the floor of this august body. And, fact No. 3, we, the Republican ability came to the floor without the b 1300 Party, admit our work today has been benefit of any deliberations or debate delayed, but the fact is we remain de- Since election day, it is the game the in committee. Today we stifle debate termined. on the floor of the Congress. minority party has tried to play. They I would just say to the American peo- did not understand what happened on f ple that gridlock is being replaced in election day. The contract will con- this body by totalitarianism. tinue to move ahead. A GAG RULE IS BEING IMPOSED And one other point, the distin- f (Mr. DINGELL asked and was given guished gentlewoman brought up the permission to address the House for 1 ADDITION OF NAME OF MEMBER point of the ethics committee. We are AS AN ORIGINAL COSPONSOR OF waiting on the minority leader to move minute and to revise and extend his re- HOUSE JOINT RESOLUTION 1 that body forward, not the Speaker or marks.) Mr. DINGELL. Mr. Speaker, I came Mr. BARTON of Texas. Mr. Speaker, the majority. here to the House floor to discuss the I ask unanimous consent to add the f name of our distinguished Democratic unfunded mandates question. But a THE GAG RULE colleague, the Honorable RALPH HALL much more important question is be- of Texas, as an original cosponsor to (Mr. STUPAK asked and was given per- fore this body. House Joint Resolution 1, the tax limi- mission to address the House for 1 This is not the Duma, this is not the tation balanced budget amendment minute and to revise and extend his re- Reichstag. This is the House of the peo- congressional plan. His name was inad- marks.) ple, and in the 40 years that I have vertently left off the original list Mr. STUPAK. Mr. Speaker, I came served here, it has been my pride that turned in on the day the bill was intro- here today to speak of unfunded man- we have had free and open debate, and duced. dates, but I must point out to the that great questions, including ques- The SPEAKER pro tempore. Is there American people that there was no leg- tions of the propriety and the behavior objection to the request of the gen- islation ready to come to the House of Members of this body, could be dis- tleman from Texas? floor this week or today or tomorrow. cussed on the floor in an appropriate There was no objection. It will not be until Friday. fashion. f But now I must speak of a new gag Today we find that that cannot be. rule which is being implemented in THE GAG RULE Members on this side get the distinct this House. The gag rule in this House, impression that a gag rule is being im- (Ms. KAPTUR asked and was given and this Chamber, is that the media posed and that Members of this side permission to address the House for 1 can truthfully report to the American H 308 CONGRESSIONAL RECORD — HOUSE January 18, 1995 may not raise questions about the be- To gag a Member of the House of science and in truth that there is no havior of the Speaker. Representatives is a first step toward a gag rule in the U.S. House of Rep- It is interesting to note that there dictatorship of the majority which I resentatives, and in fact that we do up- has been no appointment of an ethics am afraid my Republican colleagues hold the first amendment of the Con- committee. The behavior of the Speak- have brought lock, stock, and gag. stitution of the United States. Is the Republican leadership afraid to er cannot in any way be addressed in f that body. shed light on the book deal? Are they It is interesting to note that the rul- willing to kill off open discussion in THE AMERICAN PEOPLE SENT A ing of the Speaker has precluded a dis- order to protect Rupert Murdoch, the CLEAR MESSAGE cussion of that question here in this Speaker, and the infamous and out- (Mr. CHRISTENSEN asked and was body. rageous book deal? given permission to address the House We need the appointment of an ethics f for 1 minute and to revise and extend committee, because perhaps that is the his remarks.) only place we can address it, and we THE GANG THAT WOULDN’T Mr. CHRISTENSEN. Mr. Speaker, also need the appointment of a special SHOOT STRAIGHT the American people sent a clear mes- prosecutor to inquire into matters that (Mr. BARR asked and was given per- sage to us in November. They elected a cannot be addressed on the House floor. mission to address the House for 1 Republican majority to change the way f minute.) Mr. BARR. Mr. Speaker, House Congress does business. DISRUPTIVE TACTICS Democrats, searching vainly for an After 40 years of liberal big govern- ment, big spending politics, the Amer- (Mr. WALKER asked and was given issue to sidetrack the Contract With America, have now decided to attack ican people said enough is enough. permission to address the House for 1 They want us to start working in a bi- minute and to revise and extend his re- the Speaker regarding a book he has not written yet. Instead of attacking partisan fashion to solve the problems marks.) Republicans for writing books, I sug- that Americans are facing each and Mr. WALKER. Mr. Speaker, it is dis- gest the Democrats write their own every day. appointing that what we have had is a book. The suggested title might be We need to pass the unfunded man- resorting to disruptive tactics in order ‘‘The Gang That Wouldn’t Shoot dates legislation. We need to pass a to keep the Contract With America Straight.’’ balanced budget amendment with a from coming to the floor, and the gen- After all, Democrats are not being three-fifths supermajority. tleman who spoke just before me, the straight with the American people re- Some do not seem to have gotten the gentleman from Michigan, indicates garding their own agenda. They are not message. They are going on about book that the problem is that an ethics com- being straight on why they do not want deals and ghost historians, but they are mittee has not been appointed. to pass the balanced budget amend- missing the message. I have heard the The problem is the gentleman from ment. In fact, they want to spend more people’s message. They want us to Missouri [Mr. GEPHARDT], the minority money. They are not being straight change the culture of Washington. leader, has not yet appointed the mi- with the American people on why they It is too bad that some just want to nority side of the ethics committee. It opposed the unfunded mandates bill. In change the subject. would help if the minority would co- fact, they like unfunded mandates. f operate with getting forward with the Mr. Speaker, the Democrats are the legislative business of the House of gang that will not be straight with the WHAT ARE REPUBLICANS AFRAID Representatives. American people. OF? We also are disappointed that today, Republicans want to change the way in an effort to stop the Committee on (Ms. MCCARTHY asked and was Government works. Democrats want to given permission to address the House Rules from reporting down the rule change the subject. that will bring up the unfunded man- for 1 minute.) f dates legislation, the House moved to Ms. MCCARTHY. Mr. Speaker, I adjourn. Those are the kinds of disrup- WHAT HAS HAPPENED TO A planned to speak today on the need for tive tactics, I think, we can expect BRIGHT NEW DAY? this body to amend our Constitution to from the minority. require a balanced Federal budget and (Ms. JACKSON-LEE asked to address to urge my colleagues to support the It is clear now that they cannot dis- the House for 1 minute.) cuss these ideas well and so, therefore, bipartisan consensus version offered by Ms. JACKSON-LEE. Mr. Speaker, I the gentlemen from Texas and Colo- what they are going to do is resort to came this day to support unfunded disruptive activities on the floor. rado and cosponsored by a majority of mandates. But unfortunately it is not House Members including me. That is a disappointment, and we on the floor today. Instead, I have been subject to re- would hope that maybe we could get Mr. Speaker, a crisis abounds in the marks by Members of this body that I back to the legislative business of the House, an institution the American am attempting to thwart balancing the country. people look to to protect the sanctity budget and unfunded mandates, adopt a f of a Nation founded on democratic line-item veto and other reforms I sup- ideals. port. AMERICANS BELIEVE IN Yet we come today facing the most FUNDAMENTAL FAIRNESS egregious denial of the first amend- b 1310 (Mr. RUSH asked and was given per- ment in a body sworn by oath to up- The committees are meeting as we on mission to address the House for 1 hold it. this floor are attempting to speak free- minute.) What has happened to a bright new ly. Gagging the book deal on the House Mr. RUSH. Mr. Speaker, it seems day? What has happened to an open floor is not going to make it go away. now that the Republican leadership has House, a direct reach to the American It is an issue that has captured the resorted to a new low in a shallow and people to ensure their full participa- public’s attention. Why are Repub- shameful effort to stop discussion re- tion? licans so afraid of people talking about garding the Speaker’s avaricious book Today we have been gagged, pierced this? The Chair’s ruling has made this deals. by the sword of secrecy, keep from sim- the only house in the country where The majority has succeeded in ply inquiring on behalf of the American this issue is not being discussed. gagging the minority Members of this people of the true facts of a pending House. Mr. Speaker, the American peo- issue, the book deal of the Speaker. f ple believe in fundamental fairness. The House Committee on the Judici- The gagging of Members of the House ary was shut down. LET US REFORM THIS CONGRESS of Representatives and the House mi- Mr. Speaker, when I go into a third- (Mr. TATE asked and was given per- nority flies in the face of that fun- grade class in Houston, TX, help me, mission to address the House for 1 damental belief. please, help me convey in good con- minute.) January 18, 1995 CONGRESSIONAL RECORD — HOUSE H 309 Mr. TATE. Mr. Speaker, why are the interests and work for the betterment for 1 minute and to revise and extend Democrats scared of discussing the real of America. his remarks.) issues of the day? Why are the Demo- f Mr. MENENDEZ. Mr. Speaker, I am crats scared to engaged in a real dis- not quite sure under your ruling that I cussion about the issues of importance WE COULD HAVE VOTED TODAY can even refer to the Speaker in any to the American people—like the bal- ON SUBSTANTIVE LEGISLATION respect, but as someone who came to anced budget amendment and unfunded (Mr. DEFAZIO asked and was given the floor today to vote when the vote mandate legislation. permission to address the House for 1 was called, I did not expect to speak. The American people sent a clear minute.) But as someone whose family has fled message to us in November to clean up Mr. DEFAZIO. Mr. Speaker, referring from oppression in search of freedom Congress. We are working hard to do to a couple of speakers before us, they and democracy, I am appalled at what just that. Republicans will keep their somehow claim that we are delaying could happen in the greatest hall of de- promise to the American people to the activities of the House. The House mocracy in the world. But I have seen change the culture of Washington. is in pro forma session today. That it today. I’d say to my Democrat colleagues, means those of us who flew across the You can question the motives of a start working to change Congress, and United States to attend this session, whole group of people, put their mo- stop working so hard to change the there will be no recorded votes or there tives in question, but you cannot ques- subject. should be only procedural matters. tion the motive of an individual who is f There is no substantive legislation be- in a leadership position and determines fore us. The unfunded mandates bill is the agenda of this House. FREEDOM OF SPEECH not before us, because it has been de- You can pass a Congressional Ac- (Mr. EDWARDS asked and was given layed by the majority. The majority countability Act, yet you cannot call permission to address the House for 1 told us all bills will come before the for the accountability of an individual minute.) House with open rules. Well, if you who leads the House and seek its dis- Mr. EDWARDS. Mr. Speaker, while want to bring your unfunded mandate closure. This is not about an individ- there is no scheduled business on the bill up with a open rule, what is the ual’s book deal who may be paid by floor of this House today, I can think problem? We could be in session right royalties and the $4 million is coming. of fewer issues more important to dis- now doing unfunded mandates, but you But it is about public licenses, public cuss here than freedom of speech. I be- have us waiting for the Rules Commit- airwaves. It is about our national lieve debate on this floor should be tee because they want to restrict de- treasures, and you are denying one of conducted with respect and dignity. bate on unfunded mandates. the greatest national treasures, the Yet if this House were to impose a gag Where is the balanced budget amend- ability of Members to speak in this rule on free and open debate, it would ment, the balanced budget amendment House freely. be a genuine tragedy for our democ- we were promised you would come for- f racy. ward with? Mr. Speaker, this is the people’s I am a cosponsor of a bipartisan ver- WE HAVE BEEN GAGGED House and the people have the right to sion. Where is it? It is hung up by the (Mr. WISE asked and was given per- have their voice heard through their majority because they want to insist mission to address the House for 1 elected Representatives. on a super majority for taxes in that minute.) If Members of this House were to fear proposal. It is your holdup, not ours. Mr. WISE. Mr. Speaker, today, in 14 that honest expressions of fact and phi- f years of legislative work that I have losophy might be denied on this floor, done in State and Federal out of legis- then we will have done our democracy WHERE IS THE BEEF? latures, is the saddest day I have ever and the freedom of speech so deeply (Mr. LIVINGSTON asked and was seen. I feel effectively gagged. embedded in our Constitution a great given permission to address the House Let me ask a question, Mr. Speaker: disservice. for 1 minute and to revise and extend If anyone was reported to have signed a f his remarks.) $4.5 million deal to write a book, if any Mr. LIVINGSTON. Mr. Speaker, I Member was reported to have met with ARGUE SUBSTANCE, NOT have come late to this debacle on the an interested party who possibly had SMOKESCREEN floor today, but I cannot resist com- interests affected by the Congress, if (Mr. KINGSTON asked and was given menting on the irony of the concern any Member had had legitimate ques- permission to address the House for 1 about the much-vaunted Speaker’s tions raised in the public media and in minute.) nonbook deal. editorials about his or her conduct, Mr. KINGSTON. You know, if you Now, find me one American citizen should it not be discussed on this floor? cannot argue substance, attack the who has turned down $4.5 or $3 million, But now we have to tell the Amer- person; if you cannot argue substance, perhaps, or even $1 million when they ican people, ‘‘Read your newspapers, you make outrageous and frivolous might have gotten such a good deal. watch your television, they can tell claims; and if you cannot argue sub- The fact is Speaker GINGRICH turned it you what is happening. They can ask stance, you throw out smokescreens down, and yet to avoid confronting the questions about the conduct of any and red herrings. That is what seems to issues important to the American peo- Member of this House, including its be the tack of the Democrat Party ple that they voted for in the last elec- Speaker. Follow your media, they can today. tion, the minority party—excuse me, tell you what your elected House Mem- You know, we need your help, we the minority party—has now said that bers,’’ myself included, ‘‘cannot tell need it on the balanced budget amend- this is the most important thing that you because the Republican gag rule ment. You cannot balance the budget must be discussed. No comment about says that we are out of order.’’ by frequent flyer points. We need your Speaker Wright’s problems with his f help on unfunded mandates. Granted, sales of his book to lobbyists; no com- most of them came from your party. ment about the Vice President’s very WE ARE FOLLOWING THE RULES The mayors and the county commis- lucrative book deal, but let us con- OF THE HOUSE sioners across America want relief. We centrate on this that is a nonbook deal. (Mr. SENSENBRENNER asked and need your help on ethics. Maybe you There has been no money here. was given permission to address the can find time to talk to Mr. GEPHARDT Where is the beef, folks? Get real. House for 1 minute and to revise and to get your side of the aisle moving on f extend his remarks.) ethics. We need your help on welfare Mr. SENSENBRENNER. Mr. Speak- reform. Maybe you have some ideas. FREEDOM OF SPEECH IN er, yes, today has been a debacle, and a you have great rhetoric. We are now in- CONGRESS debacle because I think of people not terested in your ideas. I hope you will (Mr. MENENDEZ asked and was the reading the rules that we have been put your ideas in front of your party given permission to address the House living under for as long as I have been H 310 CONGRESSIONAL RECORD — HOUSE January 18, 1995 in the Congress of the United States. Mr. Speaker, let us not impose some the basis for these. In today’s paper The rule that has been voted upon conditions that preserve taxpayers ex- they take direct quotes from the today and the Speaker’s rulings have posure. Let us make sure there is an Speaker’s text that he is teaching on been in the precedent book of the up-front fee and that we are paid in different campuses, and he is talking House of Representatives for decades. full. But again, Mr. Speaker, let us not about men and women in combat. He It has never been in order for one Mem- politicize an issue that we need to act says, ‘‘If combat means being in a ber to impugn the motivation of an- on in a bipartisan and responsible man- ditch, then females have biological other Member. Speakers throughout ner. problems being in a ditch for 30 days the years, whether they be Democrat f because they get infections.’’ or Republican, have always enforced Well, I do not know of any medical that rule in a uniform manner, and SPECIAL ORDERS status for this, and I would be very in- that is what happened today. The SPEAKER pro tempore (Mr. terested in having those facts because I I do not see why my friends on the HOBSON). Under the Speaker’s an- know this will be a very debated issue other side of the aisle object to that. nounced policy of January 4, 1995, and as we come forward. They should not, because their Speak- under a previous order of the House, He says further, ‘‘When it comes to ers enforced their rules just like our the following Members will be recog- men, men are like little piggies. You Speaker today has enforced the rules nized for 5 minutes each. drop them in a ditch, and they will that we adopted in the first day of the wallow and roll around in it. It doesn’t f session. Let us get down to legislation matter, you know.’’ instead of talking about this. The SPEAKER pro tempore. Under a Well, I am standing here defending previous order of the House, the gen- f my husband, my son, my uncles, my fa- tleman from Kentucky [Mr. LEWIS] is ther. I mean I have seen them in THIS IS THE CENTER OF FREEDOM recognized for 5 minutes. ditches, but they do not roll around (Mr. ROEMER asked and was given [Mr. LEWIS of Kentucky addressed like little piggies, and I do not know permission to address the House for 1 the House. His remarks will appear anything in the facts that are based on minute and to revise and extend his re- hereafter in the Extensions of Re- that. So, that I found very troubling. marks.) marks.] I read further in this lecture and Mr. ROEMER. Mr. Speaker, I believe f found a statement that males do not do in his very first speech to this body, in as well sitting as women, that women his eloquent words, Speaker GINGRICH FACTS AND THE NEW SPEAKER are maybe doing better with, as my talked about bringing a Russian dele- The SPEAKER pro tempore. Under a colleagues know, laptop computers be- gation to the floor of the House, and he previous order of the House, the gentle- cause supposedly he has some informa- was very moved by the words of one of woman from Colorado [Mrs. SCHROE- tion that males get very, very frus- those Russians who said, ‘‘This is the DER] is recognized for 5 minutes. trated sitting in a chair. I say to my center of freedom.’’ This body, this Mrs. SCHROEDER. Mr. Speaker, I colleagues, ‘‘That’s kind of hard if seat, this podium, that podium shared am delighted to be able to take the you’re Speaker, because they got to sit by Democrats and Republicans alike, is floor and review some of the things in a chair a lot.’’ But they got frus- the center of freedom. that I think have made this day so con- trated sitting in a chair because we all We are free to debate, to dialogue and fusing to a lot of us. know that males are, quote, bio- to discuss and, hopefully, in bipartisan I am a historian, as is the new Speak- logically driven to go out and hunt gi- ways, and I would say that all the er, and the new Speaker wears that raffes. American people watching today are button with great pride. I always Now I have been working in a male moved, and not moved in the right di- thought that historians were very, very culture for a very long time, and I have rection about what has happened in proud about the fact that what we not met the first one who wants to go this body today to limit that dialog dealt with were facts. We try to deal as out and hunt a giraffe. They can sit in and debate and discussion. much in facts as possible, and I think chairs. They do not wiggle and so today we all got a little confused as to forth, and so I just must say I am very, b 1320 what became factual, what became very troubled by the new factual data Justice Brandeis said, ‘‘The best image. Were the image police working that seems to be coming out of our new antidote to offensive speech is more on the floor today? Were there new leader. speech.’’ rules? Where were we going with all of b Let us continue to debate more this? 1330 speech in this body. I know I was troubled when I read And then I must say I was terribly f about yesterday’s press conference troubled by the proceedings that went when a reporter had asked the Speaker on on the House floor today. I do not GUARANTEEING LOANS TO MEX- when he charged taxpayers’ money had know exactly what to make of them. I ICO IS IN OUR NATIONAL INTER- funded a PBS viewer opinion poll; the thought what the gentlewoman from ESTS reporter asked, ‘‘Well, show us proof,’’ Florida was stating was a very factual (Mr. RICHARDSON asked and was and he said, ‘‘I don’t have a clue, I statement about what she had read in given permission to address the House don’t have any proof.’’ the press, and she was pointing out for 1 minute and to revise and extend Mr. Speaker, I ask my colleagues, that the publisher of the book, if they his remarks.) ‘‘What does that mean? Shouldn’t you push the book sales, could make more Mr. RICHARDSON. Mr. Speaker, the have to have facts if you make those money, which I think is factual. Royal- issue of guaranteeing loans for Mexico kinds of allegations?’’ ties are based upon how many books is not the S&L bailout. It is not Many of us were troubled when the are sold. The more books sold, the NAFTA once again. It is not bailing recommendation had been made by the more money comes in in royalties. out big businesses and corporations. new Speaker that Government econo- How that becomes an innuendo or Let us not politicize an issue where we mists who would not change statistics how that becomes some kind of illegal have no choice but to act in a respon- to their way of keeping statistics utterance on the floor is way beyond sible and bipartisan manner. should be zeroed out. Well, again my understanding. I have heard much The issue of guaranteeing loans to should we not be dealing in facts? And worse things said on the floor. And I Mexico is in our national interests. where do we go? must say I am a little shocked that the Surely we are helping a friend, but it But then today I picked up the paper, rules of this House are being used by also means keeping a hundred one mil- and I am even more troubled. I feel like the image police to try to clean this lion jobs in exports. It means stopping I am taking the floor to defend men up. an influx of additional illegal immi- and women. I read in today’s paper Thank goodness for the newspapers, grants. It means stopping an erosion of some new facts that I certainly did not because the image police have not been Third World economies. know about, and I would love to have able to get to the newspapers yet, and January 18, 1995 CONGRESSIONAL RECORD — HOUSE H 311 I think free speech is becoming more guns. As we always expect of them, our have the weapons or the vehicles to important every day. troops are doing an outstanding job. provide for law and order. Thank goodness that we were able to Whether or not it is an appropriate or The conclusion I reach is that below read about women and men and their safe job for them to be doing and what the surface of the so-called secure envi- biological views, as viewed by the sort of track record they are building ronment there remain very serious Speaker, but it does scare me to death. in the eyes of the Haitian people are problems that could become deadly in f questions still open for debate. We have an instant once the transition is made. lost one soldier tragically in action in Mr. Speaker, the U.N. mission in REPORT ON RESOLUTION PROVID- Haiti—he was trying to force someone Haiti is not the end of the risk for our ING FOR CONSIDERATION OF to pay a toll to an individual who ap- troops. In fact, it may even up the H.R. 5, UNFUNDED MANDATE RE- parently had no official authority to stakes. I hope the Clinton White House FORM ACT OF 1995 collect it. We are deeply troubled by is looking below the surface to ensure Mr. DREIER, from the Committee on this death and renew our call for a the safety of our men and women in Rules, submitted a privileged report thorough review of United States pol- uniform. (Rept. No. 104–2) on the resolution (H. icy in Haiti. And while they are thinking about Res. 38) providing for consideration of Knowing the degree of American fi- Haiti, the Clinton administration the bill (H.R. 5) to curb the practice of nancial and personnel involvement in might start thinking about the Amer- imposing unfunded Federal mandates Haiti, Americans were no doubt sur- ican taxpayers who are footing the bill on States and local governments, to prised to read in the national press yes- for the hundreds of millions committed ensure that the Federal Government terday that their men and women in to bail out the Aristide ship of state, uniform are not accepted with open pays the costs incurred by those gov- which many observers feel is a boat arms by all Haitians. Despite the fact ernments in complying with certain re- that will not float no matter how hard all we are doing for Haitians, appar- quirements under Federal statutes and you bail. regulations, and to provide information ently there are some problems. This is on the cost of Federal mandates on the in sharp contrast to the pictures they f private sector, and for other purposes, remember of jubilant Haitians in Port- The SPEAKER pro tempore. Under a which was referred to the House Cal- Au-Prince welcoming Americans to previous order of the House, the gentle- endar and ordered to be printed. their shores. But there is more to Haiti woman from Texas [Ms. JACKSON-LEE] than Port-Au-Prince. is recognized for 5 minutes. f It is true that in many Haitian vil- [Ms. JACKSON-LEE addressed the HAITI: BELOW THE SURFACE lages, American soldiers are cheered as they drive through the streets, and House. Her remarks will appear here- The SPEAKER pro tempore (Mr. that gladdens the heart of all Ameri- after in the Extensions of Remarks.] HOBSON). Under a previous order of the cans. But the feeling that American f House, the gentleman from Florida troops do not belong in Haiti also is [Mr. GOSS] is recognized for 5 minutes. The SPEAKER pro tempore. Under a real in many areas of the country. previous order of the House, the gen- Mr. GOSS. Mr. Speaker, today is day It is a little bit of going back to the tleman from Texas [Mr. DELAY] is rec- 122 of the American occupation of old days of the occupation that some ognized for 5 minutes. Haiti, a friendly country just south of remember, the gringoism that we have our borders. The United States com- suffered for so many years in our hemi- [Mr. DELAY addressed the House. His mand in Haiti has determined that a sphere and tried to get away from remarks will appear hereafter in the secure environment has been estab- through the good works we have done Extensions of Remarks.] lished. The United Nations is expected in so many countries in our hemi- f to rule on this question in the coming sphere. The SPEAKER pro tempore. Under a weeks and the process of transition to Haitians from the provinces will tell a United Nations mission will be on- us that the soldiers have made little previous order of the House, the gen- line, hopefully for an end of March difference in their lives. They are dis- tleman from Wisconsin [Mr. KLECZKA] completion. What will this transition appointed. The farmers will tell us that is recognized for 5 minutes. mean? Today, our forces in Haiti have they still have no one to go to when [Mr. KLECZKA addressed the House. the authority to arrest and detain someone steals their crops or their His remarks will appear hereafter in troublemakers and to respond with livestock, or that if they do complain, the Extensions of Remarks.] force. And in fact they have been doing nothing happens. People will tell us f that. that the American soldiers have let The U.N. mission in Haiti, which will themselves be used in some instances A CONSTITUTIONAL AMENDMENT include approximately 2,500 United by thugs and vagabonds. Some will also TO BALANCE THE BUDGET States troops, will be a chapter 6 mis- tell us that they would prefer that no sion—strictly one of providing presence foreign soldiers be in their country. I The SPEAKER pro tempore. Under a and monitoring. Under current mission guess we can understand that. previous order of the House, the gen- parameters, American soldiers provide In other places, like Jeremie, they tleman from Georgia [Mr. KINGSTON] is the security in Haiti, to the degree are crying foul because they believe recognized for 5 minutes. that that security is real. They are the the U.S. troops are too close to the Mr. KINGSTON. Mr. Speaker, kind of folks who are enforcing the security military leaders who once terrorized a disturbing thing happened this week there, to the degree that there is any that population. It is a very thin, deli- in so many ways that makes me won- real security. cate line our troops have to walk. der if the folks at the White House get Today, our soldiers are involved at As we make the transition to a U.N. it yet. the local level in the day-to-day run- mission, any feelings of insecurity and The President appointed a very lib- ning of villages throughout the Haitian resentment will continue to grow. We eral member of the Washington politi- countryside. Our soldiers are serving as know that. That is not uncommon in a cal establishment to run the National mayors and judges; they are serving as transition. But we have to add into the Democrat Party, and in his first press the electric company and waste dis- equation the fact that the Haitian Gov- conference he personally told the posal management company. In any ernment is not up to the administra- Washington press corps elitists that he given day, they might be called upon to tive and financial challenge of provid- was against the balanced-budget deal with a charge that perhaps the ing for its own security right now or amendment because he did not want to local magistrate is engaged in extor- for getting government up and run- wait 7 years to balance the budget. tion; they will probably buy the food ning, even with the present monitoring Well, neither does the American mid- for the prisoners in the local jail and of our United Nations mission. They dle-class public. They are tired of it. make certain it is delivered; they will are not going to be able to do that. The middle class in America are in a probably give out a few speeding tick- Haitian police forces do not have the situation where they may need a new ets and might even confiscate a few respect of the public, and they do not carpet, they may need a new washing H 312 CONGRESSIONAL RECORD — HOUSE January 18, 1995 machine, or they may need a new car, RICH and the book deal, rather than Mr. VOLKMER. The gentleman has but at the end of the month, when you just attacking frequent flier points, been here long enough. All you have to do not have the money, you do not get and rather than just getting mad at the do is go back in the CONGRESSIONAL to buy these things. What the middle Committee on Ethics, which their side RECORD. You can go all the way back class said to the U.S. Congress on No- hasn’t appointed yet, let us hear some to 1982 and see where HAROLD VOLKMER vember 8 is ‘‘We want you to start liv- substance, because that is what we are has voted consistently. And, like I said, ing under the same constraints that we elected to do, Mr. Speaker. The middle I even signed a discharge petition when do. We want you to learn how to say class of America wants a balanced it was necessary to bring one out. I no. We want you to tighten your belt budget. The middle class of America support a line item veto, too, maybe a and we want you to balance the budg- wants less spending. The middle class little different than what you do, but I et.’’ of America wants a smaller govern- support the concept. Under the current course that we are ment. And I hope that members of the I also support mandates, that do on, the President’s budget, as esti- Democrat Party will join us in that ef- something about them. I disagree, and mated by his own budget folks, will add fort. I have an amendment that I hope to to the national debt $1 trillion over the f offer when we bring the bill up Friday, next 5 years. That is not what the mid- because I think there is a big loophole dle-class public wants. They want a MATTERS TO BE DEBATED ON HOUSE FLOOR in that bill, you can drive a truck balanced budget amendment, and I will through, in that mandate bill. So there say to the President’s newly appointed The SPEAKER pro tempore (Mr. may be some disagreements on the de- Democrat Committee Chairman, ‘‘If HOBSON). Under a previous order of the tails. you don’t want the balanced budget House, the gentleman from Missouri But what bothers me the most, and amendment, where are you going to [Mr. VOLKMER] is recognized for 5 min- we could talk about these, and we have cut?’’ I have heard from so many Mem- utes. talked about a constitutional amend- bers of the other party who say, ‘‘Show (Mr. VOLKMER asked and was given ment for a balanced budget here since permission to revise and extend his re- us your cards. What are you trying to 1982. And I have been here 18 years, I marks.) hide?’’ as if it is the sole responsibility am starting on my 19th year, and I Mr. VOLKMER. Mr. Speaker, I am of one party. have never come here with the idea disappointed that the gentleman that b that HAROLD VOLKMER would ever be- 1340 just spoke has left, because I for one We got into this debt situation not am a strong supporter of a constitu- come rich because he is a Member of because of Democrat irresponsibility, tional amendment for a balanced budg- Congress. And I think it is improper for but because of Democrat and Repub- et and have always done that. I have any Member to get outside income, to lican irresponsibility. This is a biparti- voted on it repeatedly. I have signed become rich because of his position in san debt. It is a bipartisan problem. discharge petitions. There are any this House. We are here to serve the And I resent members of the minority number of members of the Democratic people, not to fill our own coffers and party saying ‘‘what are you going to Party who feel just as strongly as fill our own pockets, and to use our in- do?’’ Yes, there are some proposals out many of the people on the other side fluence in order to do so. And I think there. What are your plans? So far all about a balanced budget amendment. Members who do that should have what I have heard is attacks, personal and We just disagree maybe on some of the they are doing all debated on this floor. maliciuous attacks on Speaker NEWT details. What bothers me is that we do not GINGRICH. All I have heard are talks Mr. KINGSTON. Will the gentleman see the other side willing to debate about the Committee on Ethics that yield? that. We don’t see an ethics bill. We haven’t been formed because their Mr. VOLKMER. Yes, I will yield. think it is all right. We have it in our party has not appointed anyone, and Even though your people would not rules right now. You can take all the all I have heard is their new frequent yield earlier on 1-minutes, I will be vacation trips with lobbyists and have flier fetish, as if mainstream America glad to yield. them pay your full way and then you at civic clubs raises their hands, and Mr. KINGSTON. I always yield on can vote for them on the floor of the right after asking about the national special orders because I feel it is a good House, everything they want on debt, they say ‘‘And what are you time to have a little debate, and amendment or on a bill. And the other going to do about the frequent flier through the debate some camaraderie. side, the Republican Party says that is problem in America?’’ Well, that is real I just wanted you to know I am back if the way it should be up here. big farsighted legislation. you had any questions or anything that We now have a Speaker that had But I certainly hope that before this I could add to. If I heard you correctly, signed a contract for $4.5 million to debate goes any further, that the Dem- you said you are for the balanced budg- write a book. Boy, that is really pretty ocrat Party will come up with sub- et amendment. good. I don’t think too many people stantive ideas to contribute to the de- Mr. VOLKMER. I always have been, have been able to do that. Now he says bate, to say ‘‘Hey, here are some ideas as the gentleman from New York can he will give that up and take the royal- that might balance the budget, and, tell you. ties instead. you know, I might not be for a bal- Mr. KINGSTON. I am pleased to hear Well, as the gentlewoman from Flor- anced budget amendment, but I think that. Can you tell me how many folks ida attempted to say here today on the we can get there this way,’’ instead of on your side of the aisle might be vot- floor, it really depends now on the pub- just being against it. ing in support of it? lisher and how many books they sell, You know, just because a party is not Mr. VOLKMER. Quite a few, but they how much money he could make. He in the majority does not mean they do are going to vote for the Stenholm pro- could make $10 million if enough of his not have any responsibility to come up vision, the Stenholm balanced budget wealthy friends decide to buy a whole with ideas. The best thought, the best amendment, and that is the one that bunch of books. They could each buy 1 concept in America, is when both par- we support. million books. He could make $10 mil- ties get together and work for the bet- Mr. KINGSTON. Well, to my friend, I lion off of it. And I don’t think any ter of the country, rather than just the would say that if we can get their vote Member of this body, any Member, petty politics as usual. on the Stenholm amendment, that is a should be able to do that. I think that So, Mr. Speaker, as we approach the good positive step. I, as you know, am is unconscionable. I think that this balanced budget amendment coming up not part of the party leadership over matter, the book deal, should be de- in a very few weeks, I hope that all here. Although I do support the Repub- bated on this floor. members of both parties will come for- lican version with the three-fifths ma- I welcome the majority party to ward and say ‘‘Here are my ideas.’’ If I jority vote provision, I still think that come forward. I welcome the Speaker am against the balanced budget amend- the Stenholm amendment, which I sup- himself to come forward and stand in ment, I have an alternative. Rather ported last year on the floor, is a good this well and debate his book deal. I than just swinging away at NEWT GING- step, and I am glad to hear it. think it should be debated. January 18, 1995 CONGRESSIONAL RECORD — HOUSE H 313 SERIOUS SAFETY AND HEALTH Failure to develop and require the Mr. Speaker, I have much more to HAZARDS FOR STAR-KIST WORK- application of lockout-tagout produc- say on this matter, and I will take the MEN IN AMERICAN SAMOA ers for employees engaged in such opportunity to do so later in the week. The SPEAKER pro tempore. Under a tasks as cleaning and unjamming ma- f previous order of the House, the gen- chinery; b 1350 tleman from American Samoa [Mr. Failure to enforce the use of confined space permits; FALEOMAVAEGA] is recognized for 5 CRIMINAL ALIEN TRANSFER AND minutes. Failure to keep adequate records of BORDER ENFORCEMENT ACT OF (Mr. FALEOMAVAEGA asked and worker injuries and illnesses; and 1995 Failure to comply with OSHA regula- was given permission to revise and ex- The SPEAKER pro tempore (Mr. tend his remarks.) tions on respirators, chemical expo- sures, eye washes, and bloodborne dis- HOBSON). Under a previous order of the Mr. FALEOMAVAEGA. Mr. Speaker, House, the gentleman from California I rise today to express my serious con- eases, resulting in 100 employees being admitted to the LBJ Tropical Medical [Mr. HORN] is recognized for 5 minutes. cerns about the health and safety of Mr. HORN. Mr. Speaker, today, I am American workers. Center for treatment after being ex- posed to lethal gas. introducing, on behalf of myself, as au- Mr. Speaker, the Occupational Safety thor, and the gentleman from Indiana and Health Act of 1970 sets forth safety Based on these violations, Star-Kist Co. agreed to pay $1.8 million in pen- [Mr. BURTON], the gentleman from and health standards for businesses California [Mr. BEILENSON], the gen- which affect interstate commerce. The alties. This is a substantial penalty and was based on the severity of the tleman from California [Mr. CONDIT], law was an attempt to correct several and the gentleman from Michigan [Mr. inadequacies in the workplace, includ- violations, the period of time over which the violations occurred, prior KNOLLENBERG], as coauthors of the ing an attempt to level the economic Criminal Transfer and Border Enforce- playing field between businesses who knowledge by company officials of the violations, and the number of employ- ment Act of 1995, H.R. 552. provided safer and healthier working This bill suggests that an integrated environments and those companies ees subjected to the unsafe or unhealthy conditions. Based on the for- approach to border management is which did not. This was a bipartisan needed. This legislation includes the mula OSHA uses to determine appro- law, passed by a Democratically-con- improvement of drug interdiction, con- priate penalties, OSHA officials deter- trolled Congress and signed by a Re- trolling illegal immigration and stop- mined that a penalty in the range of $4 publican President, Richard M. Nixon. ping other illegal cross-border activi- to $5 million was supportable. It was The Occupational Safety and Health ties in California and elsewhere. determined, however, that based on Act, together with its regulations, is The recent election in California Star-Kist’s willingness to correct the today applicable to the 50 States, the made one issue very clear: Taxpayers violations, a somewhat lower penalty District of Columbia, and the U.S. ter- are fed up with paying for the enor- was acceptable. ritories. American Samoa is one of mous costs associated with illegal im- Mr. Speaker, the unsafe and those territories. migration. It is especially disconcert- unhealthy conditions found at the Mr. Speaker, last year the Occupa- ing that the incarceration of criminal tional Safety and Health Administra- Star-Kist plant in American Samoa aliens is running up a nationwide tab tion, or OSHA, began what ended up would not have been tolerated in any of of approximately $1.2 billion annually. being a 5-month investigation of one of the 50 States of the United States. The Federal Bureau of Prisons re- the two largest private employers in That 42 of the violations were willful, ports that noncitizens make up ap- American Samoa, Star-Kist Samoa, in other words they were violations of proximately 24 percent of the 91,000 Inc. Star-Kist Samoa is a subsidiary of Federal laws which Star-Kist manage- total Federal prison population. Star-Kist Foods, which is a subsidiary ment was aware of but purposely chose The average cost per inmate in the of the $11 billion conglomerate, the not to correct, is an indication to me Federal prisons is $20,803 per year. In H.J. Heinz Food Co. This investigation that the management of Star-Kist California, the Governor estimates concluded last month with the signing Foods and H.J. Heinz here in the Unit- that we spend over $350 million a year of a settlement agreement of approxi- ed States wanted to get away with as incarcerating aliens in our State pris- mately 100 citations which were issued much as they could, regardless of the ons. for violations of Federal law and regu- risk to the Samoan employees. According to the Bureau of Justice lations. The violations included 42 will- I have heard attacks made recently statistics, about 4 percent of the in- ful, 35 serious, 12 repeat, and 4 failure to the effect that a government which mates in our State prisons are not U.S. to abate violations. The violations governs best is a government which citizens. The estimated cost to Califor- were for: governs least. In an effort to reduce the nia, as I said, is several hundred mil- Failure to provide adequate machine number of Federal regulations and lion dollars. guards for dangerous points of oper- make the climate in America more The Criminal Alien Transfer and Bor- ation resulting in 11 amputations—5 conducive to business, some are talk- der Enforcement Act urges the Presi- total finger amputations, 1 total leg ing of doing away with the Occupa- dent to renegotiate, within 90 days of amputation, and 5 amputations of at tional Safety and Health Administra- enactment, the existing bilateral pris- least 1 finger joint; tion. oner transfer treaties with Mexico and Failure to provide 1,900 employees Mr. Speaker, I believe that would be other source countries, which have siz- the use of puncture resistent gloves to a grave mistake, and I use the example able numbers of illegal criminal aliens protect their hand from sharp fish of what has happened to the Star-Kist in our prisons. bones, knives, and wire racks, resulting employees in Samoa as an example of In 1976, almost two decades ago, the in numerous injuries requiring sutures; what would happen to employees in the United States established a prisoner Failure to provide basic employee United States if we do not maintain transfer treaty with Mexico. This trea- hearing conservation measures, though regulations to protect the safety and ty is outdated, and it is time for a Star-Kist Samoa was aware that 19 em- health of our workers, and provide suf- change of course. ployees had developed significant shifts ficient funding to enforce these regula- Alien prisoners come from more than in their hearing; tions. I have not heard one complaint, 49 countries in North America, South Failure to inform employees of the not even from Star-Kist, that OSHA America, Europe, Africa, and Asia. Al- results of noise surveys; acted improperly or impartially during most half of the alien inmate popu- Failure to perform baseline the course of this investigation. OSHA lation is of Mexican origin. The Immi- audiograms for over 600 employees; did an excellent job in enforcing Fed- gration and Naturalization Service has Failure to conduct annual eral law and regulations during this in- estimated that as of October 1992, the audiograms for over 1,500 employees; spection, and I wish to publicly com- total illegal alien population in our Na- Failure to evaluate audiograms that mend them for their outstanding per- tion was 3.2 million people and growing had been conducted; formance. at 300,000 annually. H 314 CONGRESSIONAL RECORD — HOUSE January 18, 1995 I think that is an underestimate. SEC. 5. CERTIFICATION. 6 percent; then they lowered it to 4 per- When you figure that roughly 2,000 The President shall certify whether each cent. Then under GATT, they removed illegals a night come over in one 20- prisoner transfer treaty is effective in re- the floor completely. So American tax- turning aliens unlawfully in the United mile sector in San Diego, CA, I think States who are incarcerated in the United payers who buy U.S. savings bonds you will see what I mean. States to their country of citizenship. have no real incentives to buy them The States of California, Arizona, SEC. 6. TRAINING OF BORDER PATROL AND CUS- anymore. Texas, Florida, and New York have TOMS PERSONNEL FROM FOREIGN been particularly hard hit. This meas- COUNTRIES. b 1350 Subject to a certification under section 5, ure would help relieve U.S. Federal and Then the Federal Reserve Chairman State prisons of the costs associated the President shall direct the Border Patrol Academy and the Customs Service Academy testified here in Washington last week with housing the illegal criminal alien to enroll for training certain foreign law en- that in order to try to balance our population. The incentive for foreign forcement personnel. The President shall budget, gosh, maybe senior citizens in governments which participate in the make appointments of foreign law enforce- our country would have to take a $10 a renegotiated treaty is the benefit of a ment personnel to such academies to en- month reduction in their cost-of-living trained and adequate border patrol and hance the following United States law en- forcement goals: allowance under their Social Security. police force trained in the United That is not exactly what I had in mind States at the Border Patrol Academy (1) Drug interdiction and other cross-bor- der criminal activity. for the seniors in my district, but the and the Customs Service Academy. (2) Preventing illegal immigration. very same organizations, the U.S. That is also a tremendous benefit to (3) Preventing the illegal entry of goods Treasury, which cut the interest rates our Nation’s borders. into the United States (including goods the to our bond buyers, and the Federal Illegal immigration is not a regional sale of which is illegal in the United States, Reserve, which has told our seniors, problem. It is a national problem. the entry of which would cause a quota to be ‘‘Sorry, you are getting too much Mr. Speaker, it is time for Congress exceeded, or goods which have not paid the appropriate duty or tariff). money,’’ now they have pledged the and the President to take joint respon- full faith and credit of this Govern- f sibility for the impact on the States ment to another nation. I find it very caused by the relentless flow of illegal TOUGH LOVE interesting. immigration. The SPEAKER pro tempore. Under a What is so reprehensible to me is Mr. Speaker, I include for the when I first got here in Congress in the RECORD a copy of H.R. 552. previous order of the House, the gentle- woman from Ohio [Ms. KAPTUR] is rec- 1980’s, I came here because of the high H.R. 552 ognized for 5 minutes. unemployment in my district. I was ap- Be it enacted by the Senate and House of Rep- Ms. KAPTUR. Mr. Speaker, first let pointed to the Committee on Banking, resentatives of the United States of America in me say, we heard about NAFTA, you Finance and Urban Affairs. Congress assembled, hafta. Now it is Mexico, bailout or The very first bill that I came up SECTION 1. SHORT TITLE. bust. United States taxpayers should with on that committee was to try to This Act may be cited as the ‘‘Criminal not have to become Mexico’s insurance find a way to help the people in my dis- Alien Transfer and Border Enforcement Act company. Why should our taxpayers trict to hold onto their homes. We had of 1995’’. have to place the full faith and credit a bill that would have prevented fore- SEC. 2. PURPOSE. of our U.S. Treasury behind the Wall closure. The purpose of this Act is to relieve over- Street speculators who gambled and We had a bill that said, ‘‘Look, we crowding in Federal and State prisons and lost their own money? We have no legal will create a second mortgage, and for costs borne by American taxpayers by pro- obligation to do that. They are not in- those of you where the bankers are at viding for the transfer of aliens unlawfully in your door, the creditors are at your the United States who have been convicted sured by the Treasury of the United of committing crimes in the United States to States or any of our respective banking door, we will give you a second mort- their native countries to be incarcerated for institutions. gage. It will be short term. After a year the duration of their sentences. So today, I would like to ask on the you will have your job back and you SEC. 3. FINDINGS. record our U.S. Treasury Secretary and will be able to stay in your house and The Congress makes the following findings: Chairman of the Federal Reserve spe- continue to earn money at your job.’’ (1) The cost of incarcerating an alien un- cifically which speculators have their They have a good credit history. We lawfully in the United States in a Federal or hands out to the taxpayers of the Unit- were only asking for a short-term add- State prison averages $20,803 per year. ed States? Which creditors must Mex- on to their mortgage. It was guaran- (2) There are approximately 58,000 aliens ico pay off in the first quarter of this teed by the collateral of the house it- convicted of crimes incarcerated in United year, in the second, in the third, in the self. They had to pay it back, and the States prisons, including 41,000 aliens in fourth, and in years hence? Which in- political situation in Toledo, OH, is State prisons and 17,000 aliens in Federal prisons. vestment banks, we want to know who pretty stable. (3) Many of these aliens convicted of they are and where they are located Guess what, we could not get that crimes are also unlawfully in the United and how much? Which mutual funds, bill through the Committee on Bank- States, but the Immigration and Naturaliza- which multinational corporations who ing, Finance and Urban Affairs of this tion Service does not have exact data on how gambled that the fundamentals of that Congress. We couldn’t help our own many. system of government in Mexico were people with any kind of guarantee to (4) The combined cost to Federal and State good enough for them to take our jobs hold on to their own homes. governments for the incarceration of such south of the border? And which global Yet, now, another nation comes and criminal aliens is approximately $1,200,000,000, including— banks? Who specifically does Mexico is in trouble, and we are willing to (A) for State governments, $760,000,000; and owe the $26 billion that is coming due pledge $40 billion in loan guarantees (B) for the Federal Government, this year, and then the dozens and doz- plus $18 billion. They already have the $440,000,000. ens of billions, $89 billion total public lines open to Mexico as of last week. I SEC. 4. PRISONER TRANSFER TREATIES. debt, not counting the private debt, would find the whole situation abso- Not later than 90 days after the date of en- and all the creditors that Mexico owes? lutely amazing if it weren’t so upset- actment of this Act, the President should Call my approach tough love. There ting, because it just goes to prove that begin to negotiate and renegotiate bilateral are just some times when you have to those that have a lot have incredible prisoner transfer treaties. The focus of such say ‘‘no.’’ political power in this city and around negotiations shall be to expedite the transfer Imagine, we have a U.S. Treasury De- the world. of aliens unlawfully in the United States partment which recently, under the I have never seen the kind of people who are incarcerated in United States pris- GATT debate, told our savings bond- running around here to help my dis- ons, to ensure that a transferred prisoner serves the balance of the sentence imposed holders in this country that they could trict when it was in recession that I by the United States courts, and to elimi- not earn 4 percent interest anymore on have now seen running around this nate any requirement of prisoner consent to their U.S. savings bonds. You remem- Congress and up and down Pennsylva- such a transfer. ber a couple years ago they could earn nia Avenue to try to bail out the Wall January 18, 1995 CONGRESSIONAL RECORD — HOUSE H 315 Street speculators who would not lis- go to the trickle-down theory again? will talk in more detail about those ten to us when we debated NAFTA last But that is what is being proposed. cuts. year. We tried to get provisions in That is all that is being proposed by There are cuts in the area of defense. there to protect our people, as well as Republicans. There is a peace dividend we never re- to have a slower market opening mech- Democrats’ proposals, on the other alized. The cold war is over now. The anism so we would not have these hand, are also too timid and too small. evil empire of the Soviet Union is gone. kinds of dysfunctions as NAFTA We are talking about dealing with jobs We have never realized that dividend kicked in. They wouldn’t listen to us through more training and more oppor- that can be realized as a result of all of then. They have made billions already. tunities for education. It is the correct these things being changed. We shouldn’t pledge the full faith and procedure, the correct process, but it credit of the taxpayers of our country. does not go far enough. It does not talk b 1410 f about creating jobs. Job creation is We can make cuts is defense. We can The SPEAKER pro tempore (Mr. what is needed. make cuts in the corporate welfare The job programs we are talking HOBSON). Under the Speaker’s an- area. Some people estimate there is $40 about in the Progressive caucus, which nounced policy of January 4, 1995, the billion being given away to corpora- has introduced and is preparing a jobs gentleman from Massachusetts [Mr. tions and business, others as high as bill, a jobs investment, job creation FRANK] is recognized for 60 minutes as $50 billion. We can make cuts there. We and investment act, will create a mil- the designee of the minority leader. can make cuts in the CIA, the Central lion jobs a year. It requires spending— [Mr. FRANK of Massachusetts ad- Intelligence Agency, which has no evil investing large sums of money, but it dressed the House. His remarks will ap- empire to spy on anymore, and the is a tried and true approach. pear hereafter in the Extensions of Re- most conservative estimates estimate It will be the investment of large marks.] that the Central Intelligence Agency sums of money in the areas of the econ- f and the other intelligence agencies to- omy where we know there is a great need. We know we need jobs. We need gether have a budget of $28 billion. JOB CREATION SHOULD BE THE So there are areas where you can MANDATE FOR THE 104TH CON- infrastructure. We know we need high- make cuts and move that money from GRESS ways. We know we need improvement of our transportation facilities and those wasteful areas into the area of The SPEAKER pro tempore. Under investment and jobs. the previous order of the House, the bridges. We know there are large numbers of We have two economies and most gentleman from New York [Mr. OWENS] people will tell you, ‘‘Well, the econ- is recognized for 60 minutes. substandard schools out there that could use some repair. There is a need omy is booming, so why are you con- Mr. OWENS. Mr. Speaker, during the cerned about creating more jobs?’’ exit polling following the last election, for new school construction. In higher education they have a great need for Well, go and ask the American people. one thing that consistently was re- Why are they so anxious? Why are vealed was that most voters, an over- infrastructure increase there. There are a number of places where there so many people out there who are whelming majority of voters, are con- concerned about losing the job that cerned about jobs and employment. A we know there is a need. We know that if you apply investment to these areas, they have now? Why are there so many large percentage of Americans are con- that are angry because they are get- cerned about the fact that they are you will stimulate the economy. It is not Big Government because all you do ting paid so much less than they were working at jobs at substandard wages, being paid for similar work a few years wages below what they were receiving is make big decisions. ago? Why are there so many that are prior to their present job. Government makes a big decision: desperately seeking jobs that do not Large numbers are concerned about Government decides it is going to stim- exist? the fact that they may lose their ulate the economy in that direction, There are two economies, that is the present job in an atmosphere and an and the contracts go out to private reason. There is one economy that is environment of downsizing and stream- contractors. The work is done by work- lining corporations. Of course, large ers who are not Government workers. booming and that is the Wall Street numbers have not had any jobs for a It is not an increase in Big Govern- economy. Large profits are being made. long time. They are just dying to get a ment. It is an increase in additional Automated industries are very produc- job and end their long-term unemploy- jobs. You will create large numbers of tive. Even some very fortunate workers ment. jobs in areas that we know jobs are are getting tremendous amounts of So jobs must be the No. 1 priority of needed, where we know workers need overtime because they are part of that the 104th Congress. The message is it, and we know we need to make the booming economy and the automated clear. The exit polls showed it. There repairs and take care of improvements economy. So they are very well off. have been a number of studies which in our infrastructure. But the great majority of people, the have showed that the American public Job investments can be made and great majority of wage earners are liv- is concerned about jobs, and of course they can be made without raising ing in an economy which is not very the polls show that jobs are a No. 1 pri- taxes. We are not talking about the well off. It is the other economy, the ority. need to raise taxes. You can make se- economy of the wage earner. Somehow, the elitist leadership of lected cuts in waste. There is still a lot There is an economy, in other words, Washington does not seem to hear the of waste in Government. for an oppressive minority. They have voice of the American people. Some- We don’t agree as to where the waste all the production, the fruit of produc- how the Republicans are not listening. is. Some people insist in pursuing chil- tion, they have the profits and the The Democrats are not listening ei- dren who receive welfare, Aid to Fami- fruit of all the productivity. ther. lies With Dependent Children, and that On the other hand, there is a caring We have Republican jobs through is going to be the area where they will majority out there of people who make capital gains being proposed. The act make the large cuts; or they want to up the bulk of American citizens and that is part of their Republican con- pursue education. There are a number they are not part of that booming tract talks about creating jobs through of areas they want to pursue which economy. They are struggling, they are a reduction in the capital gains taxes, would be counterproductive. It would anxious, and I call them the caring ma- and also a reduction in other corporate decrease the ability of people to take jority. taxes. We have been that route before. advantage of jobs. It would create more We have a philosophical clash that is It did not work before under Ronald turmoil in our society than necessary. exhibited in the way we approach the Reagan. On the other hand, if you make the question of jobs, the clash between The trickle-down theory did not cuts in other directions, selected cuts, those who are members of the oppres- produce the jobs that were supposed to there are cuts that can be made which sive minority, and they want more and be produced at the levels that they total billions of dollars which could more and they want to rig the econ- were supposed to produce them, so why then be used for the job investment. I omy, change the rules, in order to H 316 CONGRESSIONAL RECORD — HOUSE January 18, 1995 make greater profits without providing Why bail out the economy of Mexico? jobs bill now should guarantee that the jobs, and those who would like to see Because large numbers of banks, the new world order economy is going to be the wealth of America, the productiv- same banks that benefited from the an economy which provides oppor- ity, all of the fruits of stable society, bailout of the S&L program, those tunity for all. all the fruits of peace, they would like same banks, many of them are now in- Maybe we will not have a jobs bill to see them divided so that everybody vested heavily, and the same firms are that can solve all of the problems over- gets part of the benefits. I call those invested heavily in Mexico and now we night, because we do have a new world people members of the caring majority. are going to go to the aid of Mexico economy, a global economy. One never We do not have to talk in terms of and spend billions of dollars to bail out knows exactly what is going to work communism anymore versus capital- the economy of Mexico without creat- and what is not going to work. There ism, but there is a social contract ing a single job here in this country. are a lot of unpredictable things in which has to be assumed. Whenever If we have billions of dollars to bail such a volatile situation as the one we there is a society, you should assume out Mexico, why can we not apply that have now. that the society is going to provide an to an investment in job programs here We have China, the largest nation in environment, going to provide a sys- in this country? Mexico is going to be the world in terms of population, China tem, going to be managed in a way guilty of a double hit on the wage earn- transforming from a socialist economy which guarantees that every individual ers of the United States. to a mixed economy. A large part of will have an opportunity to make a liv- As we clearly explained during the that economy is capitalist. One does ing. That is a social contract, where an debate on NAFTA, the jobs go where not know what the impact of that is individual surrenders to the rules, an the cheap labor is, and the jobs have going to be finally on our own econ- individual obeys the laws because he moved. Already in the short period of omy. We have the nations of Eastern gets something back that he could not time that NAFTA has been in exist- Europe merging into the capitalistic get as an individual. If an individual is ence, large numbers of jobs have moved economies of Eastern Europe, of the going to abide by the laws and is going to Mexico. Large numbers of plants are rest of Europe and also impacting upon to be a part of the society, the society planning to invest in Mexico. this country. Exports coming from owes it to him to try to operate in a Suddenly there is this bomb that those countries, our imports going way which allows him to make a liv- goes off. The bomb goes off and the there. Mexican economy seems to be in dan- ing. One does not know in the final analy- ger and in order now to ensure that The social contract is sort of an as- sis what the overall global economy is this process of draining our economy of sumption we can make, and that social going to look like in a few years and jobs is going to keep going, in order to contract requires that if you are going what all the different breakouts are guarantee that nobody in the Wall going to be. You cannot predict it. But to be in the leadership, if you are going Street sector of the economy, in the you do know that there is a need to to be in Congress, if you are going to be oppressive minority sector of the econ- keep the American economy strong, in the executive branch, you have an omy, nobody will lose, we are going to there is a need to buttress and to make obligation to operate in a way which as taxpayers be called upon to bail out certain that the magic of our market- allows people to earn a living. You Mexico to the tune of billions of dol- place is never lost. All of the nations of have an obligation to manage the econ- lars. We would like, instead, to see the the world were seeking to get into the omy in a way that provides income for same kind of attention applied by both economy of the United States, to get in all who want to work. the Democratic leadership as well as our market. Our market since World What we have is a grossly mis- the Republican leadership to producing War II, our market, our consumers, the managed economy. We have an econ- jobs here in our own economy. purchasing power of our workers, that omy that is very much managed, that The Progressive Caucus has a jobs has been the driving force of the post- very much is bureaucratized, not so bill that is a well-tested approach. As I World War II economic situation. It much from the Government sector as said before, it stimulates the economy helped to create the Japanese success. also from the private sector. We have by providing for basic needs that are The Japanese were able to come into an economy that has lots of rules and there, infrastructure needs, education our markets and sell their products in regulations but they do not redound to needs, social service needs, in order to our market. the benefit of a majority. create jobs. b We have an economy which tells us, What is happening now is that we 1420 on the one hand, in this last 10-year pe- have a blind allegiance, a tunnel vision It helped to revitalize Europe, be- riod that we should spend billions of on the Wall Street economy and that cause Europe does lean very heavily on dollars, and nobody yet knows how tunnel vision is slowly strangling our our market in selling their products. many billions we have spent, to bail economy as we follow that. The Wall Not only did we give loans that are out the savings and loan banks. We Street economy is an economy for the open and help them with their recov- bailed out the savings and loan banks minority, it is an economy for the op- ery, but the market that we created to the tune of billions of dollars. I do pressive minority that manipulates the through our consumers allowed them not know what the most recent ac- finances of the country and the fi- also to prosper and to redevelop their counting is, but certainly the tax- nances of the private sector in a way as economies. payers have lost at least $100 billion al- to guarantee greater and greater prof- Now that great consumer market is ready on the savings and loan bailout its to fewer and fewer people, while threatened. Who made up that and it is still going. We ought to call more and more people are anxious consumer market? The workers of for a report on that and see just where about their own status and their own America, the people. For the first time we are, because that is part of the employment. in history you had a large class, mil- economy that is managed to benefit a The stakes are very high and the fu- lions and millions of people earning a handful of people. It is managed to ben- ture directions are now being set. As decent living wage, wages high enough efit the oppressive minority. we go toward the new world order, to provide for food, clothing, shelter, Now we have the same oppressive mi- what happens in the next few years and other necessities. And after that nority manipulating the economy and must really determine what is going to they had discretionary income, they the taxpayers’ money in ways that will happen in the next 100 years. It is very had money left over that they could lead to the expenditure of at least $40 important for us to get back on track spend for many other things. billion for Mexico, to bail out the econ- and fully understand that jobs ought to The fact that that great consumer omy of Mexico. We are being called be the No. 1 priority of the leadership market was there allowed the nations upon to spend at least $30 or $40 billion, of America. It ought to be the No. 1 of the world to feed upon the economy, they do not give any concrete figure, priority of the Government. Providing the marketplace of the United States, but it is going to be billions and bil- ways for people to make a living ought and grow prosperous as a result. lions of dollars to bail out the economy to still be on the lips of every Member Now we are destroying that great of another country. of Congress and of the Government. A consumer market. The workers earn January 18, 1995 CONGRESSIONAL RECORD — HOUSE H 317 less and less, they earn less now per great drain on the Government. But overbooked. And we certainly do not hour than they earned just 10 years take a look at the unemployment in- need railroads. Amtrak is now cutting ago, and certainly much less than they surance and the people who go off un- back. earned 20 years ago. Many of the work- employment insurance, if they do not I think all of this is very short- ers who were working in good paying get jobs, and you will understand there sighted. It does not understand that manufacturing jobs are now in service is another problem. The anger that is one thing that is predicted in the fu- jobs making one-third of the amount out there also leads to many other ture as far as the global economy is that they made at that time. The jobs kinds of problems. concerned is that in this country there that they had before have been now So, in place of a bill which has been will be one industry that definitely will transported to China, to Hong Kong, to proposed by the Republicans, which is thrive and will grow no matter what is Eastern Europe, to Mexico, to other basically a bill which calls for the cre- happening otherwise and that is the in- parts of South America, all over, in ation of jobs through tax cuts, and we dustry of tourism. Tourism in New search of cheaper labor. We are perpet- do not hear much about real jobs, in York is the largest industry already, uating a swindle upon the American place of that, the Progressive Caucus New York City, and it is growing, it is people because as they pursue the would like to offer a real bill that talks the one industry that is not stagnant. cheap labor, manufactured products at about physical capital investment. All of the hotels are full right now. the cheapest possible costs, bring the They propose to provide an additional They are filled up even before the Chi- products back into our economy and $10 billion in highway and bridge main- nese middle class starts. sell them at a cost that is comparable tenance spending per year over the If just for a moment we would think to our standard of living, they make next 2 fiscal years. As much funding as in commonsense terms about the tour- huge profits. The manufacturers and possible would come from the surplus ism possibilities with respect to people the entrepreneurs make huge profits, that is already there in the transit ac- coming into this country who would but in the meantime they are destroy- count of the Highway Trust Fund. We use our transportation system, they ing the consumer market. The people estimate as much as $4 billion may be would use a lot of other things besides who earn the money to buy the prod- in the Highway Trust Fund. That is the transportation system, of course, ucts grow fewer and fewer all the time. one place we could get funds without but those who would use our transpor- Everybody wants to make their kill- jeopardizing any other programs or any tation system in large numbers from ing, however, and if the Government other aspects of the tax relief program outside the country bringing in dollars does not do anything about this, cer- being proposed for middle-income tax- to spend here in large numbers, think tainly private enterprise will not do payers. for a moment about the possibilities as anything about it. And that is about In 1993 the Federal Transit Adminis- we go into the New World Order. what is happening. We are ignoring the tration report noted that to maintain You know China has a population of working economy, the economy of the the Nation’s highways and bridges at 1 billion people at least, conservative workers, the economy of the wage the 1991 level would require an addi- estimate. If just one-quarter of the Chi- earners, and we are looking at the tional outlay of $19.5 billion. To correct nese become middle class, and with the economy of the big entrepreneurs and overall deficiencies in the highway sys- thriving economy that they have and manufacturers. They can go and make tem would cost $212 billion. the kinds of miracle enterprises that sneakers in China that are $10 per In addition, there are some 118,000 we read about, it is not far-fetched to sneaker, transport them back here and bridges that are defective or deficient. assume that one-quarter, just one- pay the transportation cost, and then To repair them would cost $7 billion. fourth of the Chinese people could be- sell them for $100 or $120 and make a I mention highways because, as you come a Chinese middle class. And let us huge profit in the process, and in the see, the largest amount of money ex- assume that if just one-tenth, you process also deny employment to large penditures, investments that would know one-fourth of a billion is 250 mil- numbers of American workers. stimulate the economy would come lion, if one-tenth of that Chinese mid- So we have to get back to an under- through a program like this. It also dle class decided to travel to America standing that that is a problem that would provide the greatest amount of as tourists, that Chinese middle class cannot be ignored much longer. We activity in terms of jobs for men, jobs by itself would produce 25 million more have to address ourselves to that prob- for contractors. There are a number of visitors to the United States than we lem in the 104th Congress. This Con- different proven benefits that flow out have now, just growth of the middle gress has to listen. of contracts related to highways and class in China. Of course the middle Yes, tax cuts are very desirable. I mass transit. We need $1.6 billion in class is growing rapidly in other parts have no problem with a middle income mass transit investment per year and of Asia also. We have had the Japanese tax cut. I hope we go on with a sensible that is only a small part of what is visitors that are part of the present tax cut. Even if it is symbolic, the tax needed. The American Public Transit equation. The largest number of visi- cut is important. The American people Association reports that more than $7 tors in New York City in terms of tour- deserve to know that after all of the billion above current spending could be ism, the largest numbers are Germans years of waging the Cold War, after the used quickly to improve our Nation’s and Japanese. years of the military buildup, much of mass transit system. This dollar b which was not necessary but some of amount would only eliminate the im- 1430 which was necessary, after all of those mediate backlogs of mass transit They have been around for a long years of expending taxpayer dollars to needs. To restore the system to its pre- time. So I am talking about not Ger- make the world safe from communism, 1980 levels would require an annual in- man and Japanese but just the addi- to make the world safe for democracy, vestment of about $11 billion. tional tourists that you would realize after all of those years they deserve I do not want to overwhelm anyone from other parts of Asia including some relief. who is listening with the billions and China would mean 25–30 million visi- So we ought to have a tax cut. There billions of dollars of figures. The com- tors coming to the United States. If is nothing wrong with a tax cut. A tax mon sense is that you have got some you add to that number of visitors the cut does not mean we cannot also have needs in transportation. Whether you people of Eastern Europe who for a a job investments bill and cannot have are talking about the construction of long time have not been allowed to a job creation bill of the magnitude I highways or you are considering the travel and there is a growing middle am talking about. construction of mass transit facilities, class in Eastern Europe, if you add to We have to have some way for people there are clear needs there. You may that the fact that everywhere in the to earn the income necessary to take go to airports; there are clear needs developing world, no matter how bad care of themselves so that we do not there. Some people would say, well, we conditions are, there are increasing have a drain on the Government one have more airplanes than we need now. numbers of people there who want to way or another. We are overbooked, our capacity is come to the United States either as There is a great deal of talk about greater than we need for airlines. students or as tourists, and you have a getting people off welfare and that is a Maybe our capacity for mass transit is large number of people in the future H 318 CONGRESSIONAL RECORD — HOUSE January 18, 1995 who will be a part of a tourism indus- of the Secretary of Labor and the ity of the State government and the try on a scale unseen previously by the President that job training would be local government. So we are not talk- United States. necessary. Much of the training that is ing about having the Federal Govern- So does it make sense to build an in- going to be done will be done in these ment assume responsibilities of a great frastructure now which is second to school facilities, in the colleges, and magnitude that it does not have re- none? Does it make sense to invest in they need to have the state of the art sponsibility for at the present. the infrastructure now? Yes, it does. At equipment, state of the art labora- We are talking about one-time ex- the same time that you are investing tories, and also the supplies necessary. penditures that would help relieve in an infrastructure that we know will We have a crisis right now in this these localities and help relieve our be needed, you also are providing jobs country. In some cities the public school systems as well as relieve our at a time when the economy is under- school systems are rapidly being aban- higher education systems by providing going a transformation, and there are a doned. The local government is moving the immediate expenditures for capital lot of things happening that cannot be away from the funding of their own equipment, for plant, for the kinds of explained. schools. State governments are refus- things that they will not have any- So for that reason people are anxious ing to come to the aid of schools. thing but a one-time expenditure for. It and out of work. You can provide the Year before last we had three of the will at the same time provide jobs. work in a sure-fire, sure-shot oper- largest school systems in the country, Jobs have to be No. 1. We can talk all ation. New York, Chicago, and Los Angeles, we want to about welfare reform. But if We know we are going to need trans- in grave trouble. The Chicago public we do not accept the responsibility portation. We know we are going to school system and the New York City that leaders are supposed to manage need an infrastructure. Let us spend public school systems did not even the economy so that everybody has an the money. Let us invest now and guar- open their doors until 2 weeks after opportunity, leaders have an obligation antee that we will be ready for the school was normally supposed to be not to just worry about one sector of boom when it comes later on. open. the economy or the Wall Street econ- Environmental cleanup also, we They had crises of various kinds. New omy, not just to worry about inflation know we need it, because neither tour- York had a crisis with asbestos. Too and return on investments and increas- ists nor residents will be able, none of many schools had asbestos poisoning or ing opportunities for people who have us will be able to enjoy our cities and the danger of asbestos contamination. higher profits by signing GATT agree- our suburbs unless we clean up some of That was a dollar problem. They did ments and NAFTA agreements, leader- the environmental mess that has been not have the money to deal with it fast ship has to be concerned about what made. We are talking about $25 to $100 enough, and the schools were delayed 2 the bottom line is going to be for the billion which could be spent over a 10- weeks in opening. people out there who have to go to year period. If we begin now, there are Chicago had a more direct fiscal work every day. We have to be con- large amounts of sound investments, problem. They just did not have the cerned about providing jobs and income sound expenditures that could be made money. They did not have a way to first of all. in the environmental cleanup. guarantee that they could get through People solve their own problems. In- The community development block the semester, and they had to wait dividuals can solve their own problems. grant has dealt a number of years with until certain acts were taken at the Families can solve their own problems infrastructure problems that exist in State government level before they when they have enough income. the urban centers; extreme hardships could open their schools. They were 2 You know, a great number of the faced by communities, very important weeks late. problems that we face in the areas of obvious needs that could be met in We have not had such a drama in the crime and the need to help families building schools and building facilities past fall. We did not have that drama with children, large numbers of those of various kinds. last September. But we do have a situ- problems are directly resulting from Just rehabilitating schools and li- ation where both of those systems, and the fact that there are no income possi- braries alone would cost about $3 bil- in Los Angeles, the other system in cri- bilities for the parents. lion annually over a 2-year period to sis, great reductions are taking place. First, there are no income possibili- repair, to renovate, alter, to construct Schools are no longer able to provide ties for the men, and they leave home. elementary and secondary school fa- any extracurricular activities. They Then there are no income possibilities cilities, a worthwhile expenditure, very are now telling parents they should often for the women who are left to much consistent with our understand- help the kids by sending their own sup- take care of children. ing that in the future only the most plies, chalk, erasers, very basic kinds I am 100 percent in favor of welfare educated population will be able to of things which are being requested of reform. There needs to be a change. take advantage of the jobs that are parents in terms of helping the schools But the change should be an honest available. through a very difficult funding situa- change. The tax cut proposals that are being tion. We should recognize and admit from made by the President and the Sec- On top of that, the number of young- the very beginning that welfare as we retary of Labor all are built around sters in each classroom has greatly in- know it right now exists in great education and young people. Those creased. The number of youngsters amount in America because welfare is young people need more than help from that teachers have to face now has cheaper than full employment. Welfare their families in order to be able to go gone up as high as 40 in New York City is cheaper than providing jobs. Provid- to college. They also need some decent classrooms. So we are moving away ing jobs that we insist that welfare schools right now. from and abandoning our public mothers take, that will cost far more There are large numbers of not only schools in a period of time when we all than providing the measly stipend that elementary and secondary schools that admit and all advocate that there must families receive once a month. Provid- need repair, need to be rebuilt, but the be greater and more education. ing a job which is going to cover the infrastructure of our colleges and our Those schools need help. If we cannot costs of food, clothing, and shelter for universities, their laboratories, their help in the operating costs, and we a family of three will require more computer facilities, their infrastruc- know that schools are not the function than any State presently pays to wel- ture that allows them to hook up with of the Federal Government; education fare recipients. Of course, some States all kinds of present-day computer fa- is primarily a State function. Edu- pay less than $200 a month as a sur- cilities, all of that is decaying and cation still is a State and local func- vival stipend for a family of three. needs to be repaired, and in many cases tion. We need to look at welfare reform in needs to be built from the ground. It In 1995 the Federal Government at honest terms and say, first of all, we would be an investment consistent this point spends, is responsible for, are going to be diligent. First of all,we with what we want. only about 7 percent of the total ex- are going to set priorities in terms of Along with the jobs, of course, I very penditure for education in the country. job creation, and when you say that much agree with the present emphasis The other 93 percent is the responsibil- you want every person on welfare to be January 18, 1995 CONGRESSIONAL RECORD — HOUSE H 319 off in 2 years and working, that they when President Clinton first proposed a cial contract to provide jobs and oppor- can look forward to 2 years or less, of $19 billion stimulus package, $3 billion tunity for all, if you are going to have course, the majority of welfare, people in tax cuts and $16 billion in direct ex- bureaucrats of the nature of Alan on welfare, do not stay on for 2 years in penditures for the same kinds of activi- Greenspan making new rules which say a steady stream. They re not on wel- ties that I am putting forth here. This that you have to bring down the invest- fare consistently and consecutively for is nothing new. We do not pretend to ment in the economy, in the job-cre- 2 years. have anything creative or innovative ation activity, every time employment b 1440 in terms of being newly conceived. goes up. That is not the way to go. Franklin Roosevelt, in the Works Common sense tells us that employ- Most welfare recipients get jobs and Progress Administration [WPA], and then they go off welfare for a while and ment is always a desirable activity. later on the other program which went Whatever produces jobs is desirable. then come back on when those jobs are out to private contract, they did the not able to pay for their food, clothing, You are going to have to understand, same thing, focusing on obvious needs. as the American people, that these and health care. That is a great prob- They focused on infrastructure, needs new, complex statistics and new, com- lem with families who have children, that existed everywhere. They paid plex patterns of reasoning behind the talking about aid to dependent chil- people to do the work that was there. scenes in secret sessions, are what dren. Those children have no medical There was a lot of work to be done, coverage once a person leaves welfare. plenty of work. drive our economy. The President is A large number of people who come The problem is work is not a job un- listening, the White House is listening, back on welfare, who have tried the less somebody pays you to do it. So our the leadership of both parties are lis- marketplace, come back on welfare be- job is to keep the alternative out there. tening, and we are obeying people who cause there is no other way to get med- We want the American people to follow do not live by their own rules. If Mr. ical care for their children. us, the taxpayers to follow us. If all the Greenspan thinks unemployment is So let us solve that problem. If we people who went out and told the inter- highly desirable, then he and members make jobs No. 1, then we are able to viewers at the polls on election day of the Federal Reserve should volun- solve part of the problem by employ- that you were angry about not having teer to be unemployed once a month. If ment. We have to make health care a decent job and wages are not decent, you want to help the economy, volun- somehow attached to the jobs that follow what we say on the floor of this teer to be unemployed once a month. If poor people receive, and then we will House, what the Progressive Caucus it is a good, if it is a public good, then have made great strides toward solving jobs bill is, and you will hear an an- let everybody participate and not in- the problems that we say we want to swer. You will not hear the answer in flict unemployment on large masses of solve. the balanced budget amendment. It is people and say it is highly desirable I am all for reforming the welfare not there. The balanced budget amend- that you remain unemployed. That is system, all for people working. But in ment, if it were to be changed so that my district, which has a large number what is happening. it recognizes, in addition to threats to of welfare recipients, I assure you that We want a job-creation program. Mr. the security of the country, there are for every job you produce for a welfare Speaker, I yield to the gentlewoman threats that come via warfare, threats recipient, I will have 10 people standing from Ohio. in line waiting to go to work. to the stability of the country, and rec- Ms. KAPTUR. I thank the gentleman. We have had situations where there ognize that jobs and the need to create Mr. Speaker, I was listening to the have been announcements of a few jobs jobs is just as important as meeting gentleman from New York [Mr. OWENS] at plants, hotels, various places where those threats. So that programs that in my office, and I ran back over here long lines have formed. Not only do we invest in jobs should be not a part of because I just received a telephone have an obligation to provide jobs for the whole balanced budget process. We call, a frantic call from the gentle- people who are on welfare but we have offered an amendment to that effect. man’s home State of New York that for an obligation to provide jobs for those We offer an amendment which, in ef- over 700 workers in Medina, NY, at the people who do not go on welfare, those fect, says if unemployment exceeds 4 Fisher-Price plant, which is owned by people who came off the unemployment percent, 4 percent is not a figure that the Mattel Corp., this morning were rolls who can no longer receive unem- we pulled out of the hat. There is a full given a notice, yesterday were given a ployment checks but did not go on wel- employment and gross amendment notice to come in to work this morning fare. They need a job too. which was passed in 1978 called the at 7:30. They all came in to work, and It does not make sense, it is not com- Humphrey-Hawkins bill. The bill does they all were fired. mon sense to say we are going to pro- say that the threshold is 4 percent. If And where did their jobs go? Lo and we reach a 4-percent unemployment vide jobs for welfare recipients if we behold, the jobs of over 700 Americans, level, the Government should take it are not going to address the problem of manufacturing workers, went to Mex- seriously and do things to bring down jobs assisting everybody else. When we ico. Why are they going to Mexico? In the unemployment and keep it below 4 say if you go on welfare, if you are re- the company’s own words, and I quote, percent, to never rise above 4 percent. ceiving aid as a welfare recipient, you ‘‘The Medina plant historically has Of course, we have Mr. Greenspan, of get in line first to get a job, you de- been the higher-cost producer and serve a job, we are going to create jobs the Federal Reserve Board, making his own rules. He considers high employ- doesn’t have the flexibility of other for you, provide job training for you. United States/Mexico manufacturing But there are millions of Americans ment as an enemy to the economy. As facilities.’’ who are unemployed or underemployed unemployment goes up, he is happy; as In short, American workers who who are not a welfare burden on the employment goes up and unemploy- asked for a more fair wage for the work State or the city or the Nation, and ment goes down, Mr. Greenspan is un- they too deserve jobs. Only a jobs pro- happy. that they do are punished for it. gram, a comprehensive jobs program We have a part of the Government I think it is absolutely reprehensible like the one we have proposed in the that was not elected, a part of the Gov- what is going on here, because it is ex- Progressive Caucus, will solve that ernment that nobody can do anything actly what the critics of NAFTA, like problem. It is very important that, as to, they make decisions behind closed myself, were most afraid to hear, in we go through these next 100 days, that doors; they are telling us that high em- fact dreaded to hear: Fired by a multi- we raise our voices. ployment is a threat to the economy, national corporation, Fisher-Price, Yes, the other party has the major- high employment is undesirable. As un- owned by Mattel, which has been cry- ity. It is not likely we are going to get employment goes up, Mr. Greenspan ing the loudest about its investments. a progressive jobs bill passed. It is not wants to raise interest rates so that Where? In Mexico. likely the Democratic leadership at the activity in the economy which cre- And in the New York Times, on Janu- this point is going to listen to a bill ates jobs is slowed down. ary 5, there was a story on the business which proposes to do what we tried to Now, I do not know how you build a page which indicates that Mattel, the do 2 years ago in the stimulus package, civilized society, how you meet the so- Mattel Co., was concerned and wants H 320 CONGRESSIONAL RECORD — HOUSE January 18, 1995 us to bail Mexico out because it is not When will it stop, American voter, the majority of people are angry at the making as much profits in Mexico as it American taxpayer? Listen closely. We Government. Yes, it is important to be had hoped to make. are being manipulated, we are being angry at the Government. We have the So I want to say to my colleague swindled, twice in a 10-year period. power to make the decisions which lead from New York I am so happy he is Ms. KAPTUR. Mr. Speaker, if the to a large number of the managerial as- down here on the floor. I am sorry that gentleman would yield, I am very pects of our economy, sets the rules I am the bearer of bad tidings from his grateful, and I will not take up much of and regulations. If our Government had State, the northern part of the State. his time here, but I did want to point not signed GATT, we would not be in But it was so related to what the gen- out this company, Mattel—that just more danger than we are—than we tleman is talking about that I had to fired 700 workers this morning in New were before GATT was signed. If our run over here and get this on the York State—made $236 million in profit Government had not pushed us, and the record. last year, $236.6 million, and one of the Governments means the Members of toys that they make is the Barbie doll. Congress, I did not vote for NAFTA, b 1450 Most little girls in America own be- just as the gentlewoman from Ohio did tween 8 and 12 Barbie dolls. There is Mr. Speaker, I just want to say to not vote for NAFTA; if that had not not a single Barbie doll made in the those who are listening with expected been a pass, we would not be locked United States of America, not a single United States taxpayer money in their into the economy of Mexico to the de- one, even though Mattel makes inordi- pocket, ‘‘If Congress passes this Mexi- gree that we are. nate profits in our market, and is mov- can bailout, then Mattel will be fir- Mexico, if they want to make Mexico ing our jobs elsewhere and is making ing—they have already fired those 700 the 51st State, well, let us consider egregious profits off the difference be- workers in upper New York State, and that because then they would have to tween what it charges us because the they are going to move those jobs to abide by labor regulations, environ- price of Barbie dolls did not go down in Mexico, and then we are going to back mental regulations. They would have America. They run from $29.99 all the to compete on an equal basis with in- up their investment in Mexico. How is way up to $200. I know; I used to buy dustry here. But they could not under- that one for late in the day on Wednes- them when they were made here, and day afternoon?’’ they pay their workers very low wages, cut the workers of this country. But, Mr. OWENS. Mr. Speaker, I thank not just in Mexico, but in Indonesia, in no, Mexico has the benefits of not the gentlewoman from Ohio [Ms. KAP- China, in Malaysia, and then they being part of the country, not abiding TUR] for her timely announcement. I bring all that stuff back here for us, by the regulations and rules, and yet regret very much it is bad news. We and they think we do not notice. we are going to take care of their econ- have been receiving a lot of that kind But I tell you what: Those 700 work- omy. of news lately in New York State and ers in New York State, we are here for Listen, taxpayers. Listen, American States across the country: The stream- you because we’re going to be your voters. Listen and understand what lining, these cutbacks and wipeout of voice, and we are going to continue to you have to be angry at. Do not be total plants in order to move to all be your voice through this tough strug- broad-based in your anger. Be very spe- places, of all places, Mexico, and now gle. cific. The coming bailout of Mexico we are being told—listen closely, Mr. Speaker, I want to thank MAJOR must be targeted for what it is, and American voter; listen closely, Amer- OWENS of New York who came here in that is a great swindle of the American ican taxpayer—we are being told now the same year as I did and has been a people to take care of the interests of that your taxpayers’ money must be fighter for the people of this country the investors in Mexico who have made used to bail out the Mexican economy. for as long as we have served together. a bad deal, and now, in addition to sell- As my colleagues know, twice in the Mr. OWENS. Mr. Speaker, I thank ing out our workers, they want to sell last 10 years; we are going to now go to the gentlewoman from Ohio [Ms. KAP- out the taxpayers further by using tax- bat to bail out the investments of the TUR] for her thorough work. Nobody payers’ money to prop up that econ- banking and investment community. knows better than she does the details omy. Large numbers of American investors of what is happening in terms of prod- Does the gentlewoman have another have invested in Mexico, the plants in ucts that are being manufactured in statement? Mexico, taking the jobs away from our other economies with dirt-cheap labor, Ms. KAPTUR. Mr. Speaker, I just people, destroying our own consumer with cheapest possible labor, some- wanted to mention to the gentleman I market, and now we, as taxpayers, will times child labor, sometimes slave was in a meeting this morning with our have to dig into our pockets and begin labor, sometimes prison labor in China, Secretary of the Treasury, and I very to bail out the Mexican economy to the and we accept all this. The evil empire pointedly asked him why we should ap- tune of let us begin with $40 billion. I of ‘‘Mere Clichon’’ is no longer an evil prove this, why should Congress just go do not want to talk about how much it empire when our buyers and manufac- along with the administration and its is, and they say, ‘‘Well, it’s off budget, turers can go over there and make supporters on both sides of the aisle up so don’t worry about it.’’ deals where they manufacture these here, and he said, ‘‘Well, you know, Nothing is really off budget. That is products at very low cost, and bring back in 1982 Mexico had financial prob- just nonsense. The Treasury is the them back over here and sell them. The lems, and they owed 12 commercial same Treasury. Whenever they go off price is comparable for our standard of banks, and America had to try to help budget, as they did in the savings and living. back then.’’ Yes, Mexico had debt then, loans, it increases the deficit. It is not We must understand this. There was they have debt now. just in the current budget. I say, ‘‘You a study conducted recently which re- And I said, ‘‘Of course, who do they don’t have to take something out to ported that the workers are angry. owe the money to now? Where is the put that in, but it increases the defi- When I say ‘‘workers,’’ wage earners, specific list of the investment banks on cit.’’ and the vast majority of American peo- Wall Street that took a gamble in Mex- As my colleagues know, we spent ple are wage earners. Whether you be- ico and now had their tail caught in more than a hundred billion dollars on long to a union or not, if you are a the wringer?’’ I said, ‘‘Could you pro- the savings and loan bailout, a hundred wage earner, you are part of that great vide us with that list? What about the billion dollars to the banks. At least majority out there which is being ne- big megabanks all over the world that those were American banks and Amer- glected. You are not part of the minor- have invested in Mexico and are mak- ican depositors, most of them. A lot of ity that is being taken care of by the ing huge profits by the way?’’ This is a them were from outside of the country, Wall Street economy which gets great good time to be in the banking indus- but now we are talking about $40 bil- profits, of course, from these deals that try because the profits are so huge. lion, $40 billion or more, to go to Mex- are made on a multinational basis. ‘‘What about some of these corpora- ico to bail out the Mexican economy. So, you have to wake up and under- tions like Mattel Corp. that have their Those jobs were taken from our econ- stand that instead of being angry at hand out to the Government of Mexico omy. the Government, the study shows that through our taxpayers?’’ January 18, 1995 CONGRESSIONAL RECORD — HOUSE H 321 And he said, ‘‘Of course you know it’s Get the welfare mothers. They are enterprises like the CIA, refusing to different now because so much of the threatening our economy. bail out Mexico. investment came through mutual Yet it is a very tiny percentage of I am in favor of foreign aid. It makes funds.’’ the total budget, far less than the cor- sense, but program it so it is going to And I asked him a very pointed ques- porate welfare, corporate welfare which help people. The worst kind of foreign tion. I said, ‘‘Are mutual funds insured involves the agribusiness, one of the aid is to pump $40 billion into Mexico deposits where we have the kind of biggest players in corporate welfare. in order to funnel it back to the banks promise that we have made to our own We are still paying the agribusiness of this country. It is about to happen; depositors?’’ billions of dollars not to grow grain, it is on the horizon. He could not answer ‘‘yes’’ obviously. crop insurance, farm price subsidies, As I close, I would like to warn every They are uninsured speculative invest- farm home loan mortgages; all kinds of American, the possibility of creating a ments. things are being pitched out to the ag- jobs program which could create 1 mil- So, what responsibility do we have to ribusiness. lion jobs per year is very real. The take the people’s money to bail them When I say agribusiness instead of money is there. We could save it out of out? farmers, they are not people. Less than programs that are wasteful, and we Mr. OWENS. Capitalism is creative 2 percent of the population of America could forgo and refuse to expend it in destruction, and all capitalists are are now farmers. Those are not human Mexico. Money is there for the invest- proud of that. You destroy what is inef- beings we are talking about giving bil- ment in jobs. We should not cast a ficient in order to lift up what is effi- lions of dollars to. The billions of dol- blind eye to the No. 1 concern of the cient and keep the economy moving lars that go into agribusiness go to great majority of Americans. They are forward in a most efficient and effec- businesses, agricultural target price worried about their jobs, their income; tive way. So, capitalism involves tak- programs which means lower price sub- they are worried about the stability of ing great risks, it involves destruction. sidy supports for basic commodities, their family life. They are worried The people took great risk in Mexico which is $11.2 billion. We are spending about what is going to happen to their and now are going to be destroyed, $11.2 billion for that aspect of welfare children. should not have us step in with social- to the agribusiness, agriculture sub- The Progressive caucus has put forth ism, force the American taxpayers to sidies to wealthy farmers. legislation to deal with those concerns. participate in a socialistic act to bail Every person that gets welfare is You will hear more from us as the year them out. means tested. That means they check goes on. We understand that jobs are We had socialism in the savings-and- and double check and recheck to see if No. 1, jobs are our highest priority loan bailout. That was enough social- you really are poor, how much income today, and jobs will be our highest pri- ism. We do not need to prop up private you have, whether you have a car, ority for the rest of the 104th Congress. enterprise which has been inefficient, whether you own anything, et cetera. f negligent, made the wrong judgments It is means tested. LEAVE OF ABSENCE and moved off on the wrong assump- We have programs that go to farmers tions, been greedy, because they were and the agriculture practice businesses By unanimous consent, leave of ab- pursuing high maximum returns using and nobody means-tests them. Whether sence was granted to: Mexican cheap labor in order to get you are rich or poor, and they are all Mr. YATES (at the request of Mr. GEP- richer and richer, and they temporarily rich mostly because they are big busi- HARDT), for today, on account of family have failed. We should make them nesses now, they are not the farmers of illness. sweat it out. Maybe the Mexican econ- the kind Franklin Roosevelt was try- Ms. SLAUGHTER (at the request of Mr. omy will right itself in the next 10 or 20 ing to help, the New Deal farmers. GEPHARDT), for today, on account of years. Let them wait. Let us not apply These are big businesses; less than 2 family illness. an injection of $40 billion more into percent of the population now around f Mexico at a time when we are saying to get jobs in these big businesses. Mil- we do not have the money to invest in lions of dollars go to wealthy farmers. SPECIAL ORDERS GRANTED jobs here, when we are saying we must If you eliminated just the subsidy pay- By unanimous consent, permission to cut back the cost of Government dras- ments for individuals with taxable in- address the House, following the legis- tically. comes of more than $120,000, and to lative program and any special orders We have a balanced budget amend- business, firms, corporations, with in- heretofore entered, was granted to: ment being proposed, but this budget comes of more than $5 million, if you (The following Members (at the re- that is coming up right now, Mr. KA- eliminated just that, you would save $1 quest of Mr. MFUME) to revise and ex- SICH has promised us there will be gi- billion. Just cut them out. tend their remarks and include extra- gantic budget cuts. Why are we going On and on it goes. We have grazing neous material:) to be cutting education, cutting even fees out there. The ranchers who have Mr. FALEOMAVAEGA, for 5 minutes, agricultural subsidies? Some of those their cattle and livestock on public today. make sense. Why are we going to be lands pay a very tiny percentage of Ms. KAPTUR, for 5 minutes, today. cutting things that help the American what they pay to private enterprise. Mrs. SCHROEDER, for 5 minutes, people directly in order to provide These are the same people who want to today. more funds to bail out Mexico? It is a get Government off their back. They Ms. JACKSON-LEE, for 5 minutes, form of foreign aid at its worst. It is make speeches about welfare recipi- today. foreign aid that funnels its way back ents, mothers on welfare, and the need Mr. KLECZKA, for 5 minutes, today. into the banks of this country. for them to have 2 years. Let us insti- Mr. VOLKMER, for 5 minutes, today. tute a 2-year policy; everybody gets (The following Members (at the re- b 1500 help for 2 years. quest of Mr. GOSS) to revise and extend We do not want to provide socialism Rural electric subsidies, 2 years; Ten- their remarks and include extraneous for banks. Let the banks stand on their nessee Valley beneficiaries, off after 2 material:) own two feet. Let us not have any more years; clean technology, off after 2 Mr. HORN, for 5 minutes, today. corporate welfare. The New York years. CIA, let’s close the CIA in 2 Mr. GOSS, for 5 minutes, on January Times yesterday had an article on cor- years. If not close it up, let us have 19. porate welfare and said when are we common sense and understand that the Mr. DELAY, for 5 minutes, today. going to stop the corporate welfare? CIA, with a $28 billion-plus budget, Mr. KINGSTON, for 5 minutes, today. Everybody loves to beat up on the does not need to exist anymore. If you f mother out there who has a few kids, add up all of the kinds of savings that who has for various reasons to receive you could accumulate from taking EXTENSION OF REMARKS help from the Government. That seems away the corporate welfare, making By unanimous consent, permission to to be the target. We are a nation of some cuts in the military budget, mak- revise and extend remarks was granted bullies. Everybody is excited about it. ing some cuts in enormously wasteful to: H 322 CONGRESSIONAL RECORD — HOUSE January 18, 1995 (The following Members (at the re- inafter, shall be and are hereby adopted as and designate one staff member who shall quest of Mr. GOSS) and to include ex- the rules and practices of the Committee on serve at the pleasure of that Member. Such traneous matter:) Appropriations in the One Hundred Fourth staff members shall be compensated at a Congress. rate, determined by the Member, not to ex- Mr. SOLOMON. The foregoing resolution adopts the follow- ceed 75 per centum of the maximum estab- Mr. PACKARD. ing rules: lished in Clause 6(c) of Rule XI of the Rules Mr. FIELDS of Texas. SEC. 1: POWER TO SIT AND ACT of the House of Representatives; Provided, Mr. EHRLICH. For the purpose of carrying out any of its That Members designating staff members Mr. WELDON of Pennsylvania. functions and duties under Rules X and XI of under this subsection must specifically cer- Mr. CRANE. the Rules of the House of Representatives, tify by letter to the Chairman that the em- Mr. HORN. the Committee or any of its subcommittees ployees are needed and will be utilized for Mr. CHAMBLISS. is authorized: Committee work. (a) To sit and act at such times and places (The following Members (at the re- SEC. 4: COMMITTEE MEETINGS within the United States whether the House quest of Mr. MFUME) and to include ex- (a) Regular Meeting Day—The regular traneous matter:) is in session, has recessed, or has adjourned, and to hold such hearings; and meeting day of the Committee shall be the Mr. EDWARDS in two instances. (b) To require, by subpoena or otherwise, first Wednesday of each month while the Mr. MOAKLEY. the attendance and testimony of such wit- House is in session, unless the Committee Mr. TORRES. nesses and the production of such books, re- has met within the past 30 days or the Chair- Mr. MARKEY. ports, correspondence, memorandums, pa- man considers a specific meeting unneces- Mr. ACKERMAN. pers, and documents as it deems necessary. sary in the light of the requirements of the Mr. LEVIN in two instances. The Chairman, or any Member designated by Committee business schedule. the Chairman, may administer oaths to any (b) Additional and Special Meetings: Mr. GONZALEZ. witness. (1) The Chairman may call and convene, as Mr. VENTO. (c) A subpoena may be authorized and is- he considers necessary, additional meetings Mrs. MEEK of Florida. sued by the Committee or its subcommittees of the Committee for the consideration of Mr. COLEMAN. under subsection 1(b) in the conduct of any any bill or resolution pending before the Mr. BERMAN. investigation or activity or series of inves- Committee or for the conduct of other Com- Ms. ESHOO. tigations or activities, only when authorized mittee business. The Committee shall meet (The following Members (at the re- by a majority of the Members of the Com- for such purpose pursuant to that call of the mittee voting, a majority being present. The quest of Mr. HORN) and to include ex- Chairman. power to authorize and issue subpoenas traneous matter:) (2) If at least three Committee Members under subsection 1(b) may be delegated to desire that a special meeting of the Commit- Mr. GEKAS. the Chairman pursuant to such rules and tee be called by the Chairman, those Member Mr. MENENDEZ in two instances. under such limitations as the Committee may file in the Committee Offices a written Mr. MCINNIS. may prescribe. Authorized subpoenas shall request to the Chairman for the special Mr. JOHNSON of Texas. be signed by the Chairman or by any Member meeting. Such request shall specify the Ms. WOOLSEY. designated by the Committee. measure or matter to be considered. Upon (The following Members (at the re- (d) Compliance with any subpoena issued the filing of the request, the Committee by the Committee or its subcommittees may Clerk shall notify the Chairman. quest of Mr. OWENS) and to include ex- be enforced only as authorized or directed by (3) If within three calendar days after the traneous matter:) the House. Mr. GALLEGLY. filing of the request, the Chairman does not SEC. 2: SUBCOMMITTEES call the requested special meeting to be held Mr. CRANE. (a) The Majority Caucus of the Committee within seven calendar days after the filing of Mr. MENENDEZ in two instances. shall establish the number of subcommittees the request, a majority of the Committee Mr. BILBRAY. and shall determine the jurisdiction of each Members may file in the Committee Offices Mr. PASTOR in two instances. subcommittee. their written notice that a special meeting Mr. GEKAS. (b) Each subcommittee is authorized to will be held, specifying the date and hour of Mr. SCHUMER in two instances. meet, hold hearings, receive evidence, and such meeting, and the measure or matter to Messrs. GALLEGLY, BERMAN, BEILEN- report to the Committee all matters referred be considered. The Committee shall meet on to it. SON, and WAXMAN. that date and hour. (c) All legislation and other matters re- (4) Immediately upon the filing of the no- f ferred to the Committee shall be referred to tice, the Committee Clerk shall notify all the subcommittee of appropriate jurisdiction SENATE ENROLLED BILL SIGNED Committee Members that such special meet- within two weeks unless, by majority vote of ing will be held and inform them of its date The SPEAKER announced his signa- the Majority Members of the full Committee, and hour and the measure or matter to be ture to an enrolled bill of the Senate of consideration is to be by the full Committee. considered. Only the measure or matter spec- the following title: (d) The Majority Caucus of the Committee ified in that notice may be considered at the shall determine an appropriate ratio of Ma- S. 2. An act to make certain laws applica- special meeting. jority to Minority Members for each sub- (c) Vice Chairman To Preside in Absence of ble to the legislative branch of the Federal committee. The Chairman is authorized to Government. Chairman—A member of the majority party negotiate that ratio with the Minority; Pro- on the Committee or subcommittee thereof f vide, however, That party representation in designated by the Chairman of the full Com- each subcommittee, including ex-efficio RULES OF PROCEDURE FOR THE mittee shall be vice chairman of the Com- members, shall be no less favorable to the mittee or subcommittee, as the case may be, COMMITTEE ON APPROPRIA- Majority than the ratio for the full Commit- and shall preside at any meeting during the TIONS FOR THE 104TH CONGRESS tee. temporary absence of the chairman. If the (e) The Chairman and Ranking Minority chairman and vice chairman of the Commit- (Mr. LIVINGSTON asked and was Member of the full Committee are author- given permission to extend his remarks tee or subcommittee are not present at any ized to sit as a member of all subcommittees meeting of the Committee or subcommittee, at this point in the RECORD and to in- and to participate, including voting, in all the ranking member of the majority party clude extraneous matter.) its work. who is present shall preside at that meeting. Mr. LIVINGSTON. Mr. Speaker, pursuant to SEC. 3: STAFFING (d) Business Meetings: and in accordance with clause 2(a) of rule XI (a) Committee Staff—The Chairman is au- (1) Each meeting for the transaction of of the Rules of the House of Representatives, thorized to appoint the staff of the Commit- business, including the markup of legisla- I submit for publication in the CONGRESSIONAL tee, and make adjustments in the job title tion, of the Committee and its subcommit- RECORD a copy of the rules of the Committee and compensation thereof subject to the tees shall be open to the public except when on Appropriations for the 104th Congress as maximum rates and conditions established the Committee or its subcommittees, in open approved by the committee on January 10, in Clause 6(c) of Rule XI of the Rules of the session and with a majority present, deter- House of Representatives. In addition, he is mines by roll call vote that all or part of the 1995. authorized, in his discretion, to arrange for remainder of the meeting on that day shall COMMITTEE ON APPROPRIATIONS—COMMITTEE their specialized training. The Chairman is be closed. RULES, APPROVED JANUARY 10, 1995 also authorized to employ additional person- (2) No person other than Committee Mem- Resolved, That the rules and practices of nel as necessary. bers and such congressional staff and depart- the Committee on Appropriations, House of (b) Assistants to Members—Each of the top mental representatives as they may author- Representatives, in the One Hundred Third twenty-one senior majority and minority ize shall be present at any business or mark- Congress, except as otherwise provided here- Members of the full Committee may select up session which has been closed. January 18, 1995 CONGRESSIONAL RECORD — HOUSE H 323 (3) The provisions of this subsection do not House of Representatives or (2) may vote to (1) It shall be the duty of the Chairman to apply to open hearings of the Committee or close the hearing, as provided in Clause report, or cause to be reported promptly to its subcommittees which are provided for in 2(k)(5) of such Rule. No Member of the House the House any bill or resolution approved by Section 5(b)(1) of these Rules or to any meet- of Representatives may be excluded from the Committee and to take or cause to be ing of the Committee relating solely to in- nonparticipatory attendance at any hearing taken necessary steps to bring the matter to ternal budget or personnel matters.. of the Committee or its subcommittees un- a vote. (e) Committee Records: less the House of Representatives shall by (2) In any event, a report on a bill or reso- (1) The Committee shall keep a complete majority vote authorize the Committee or lution which the Committee has approved record of all Committee action, including a any of its subcommittees, for purposes of a shall be filed within seven calendar days (ex- record of the votes on any question on which particular series of hearings on a particular clusive of days in which the House is not in a roll call is demanded. The result of each article of legislation or on a particular sub- session) after the day on which there has roll call vote shall be available for inspec- ject of investigation, to close its hearings to been filed with the Committee Clerk a writ- tion by the public during regular business Members by the same procedures designated ten request, signed by a majority of Commit- hours in the Committee Offices. The infor- in this subsection for closing hearings to the tee Members, for the reporting of such bill or mation made available for public inspection public; Provided, however, That the Commit- resolution. Upon the filing of any such re- shall include a description of the amend- tee or its subcommittees may by the same quest, the Committee Clerk shall notify the ment, motion, or other proposition, and the procedure vote to close five subsequent days Chairman immediately of the filing of the name of each Member voting for and each of hearings. request. This subsection does not apply to Member voting against, and the names of (2) Subcommittee chairmen shall set meet- the reporting of a regular appropriation bill those Members present but not voting. ing dates after consultation with the Chair- or to the reporting of a resolution of inquiry (2) All hearings, records data, charts, and man and other subcommittee chairmen with addressed to the head of an executive depart- files of the Committee shall be kept separate a view toward avoiding simultaneous sched- ment. and distinct from the congressional office uling of Committee and subcommittee meet- (b) Presence of Committee Majority—No records of the Chairman of the Committee. ings or hearings. measure or recommendation shall be re- Such records shall be the property of the (3) Each witness who is to appear before ported from the Committee unless a major- House, and all Members of the House shall the Committee or any of its subcommittees ity of the Committee was actually present. have access thereto. as the case may be, insofar as is practicable, (c) Roll Call Votes—With respect to each (3) The records of the Committee at the shall file in advance of such appearance, a roll call vote on a motion to report any National Archives and Records administra- written statement of the proposed testimony measure or matter of a public character, and tion shall be made available in accordance and shall limit the oral presentation at such on any amendment offered to the measure of with Rule XXXVI of the Rules of the House, appearance to a brief summary, except that matter, the total number of votes cast for except that the Committee authorizes use of his provision shall not apply to any witness and against, and the names of those Mem- any record to which Clause 3(b)(4) of Rule appearing before the Committee in the over- bers voting for and against, shall be included XXXVI of the Rules of the House would oth- all budget hearings. in the Committee report on the measure or erwise apply after such record has been in (c) Quorum for Taking Testimony—The matter. existence for 20 years. The Chairman shall number of Members of the Committee which (d) Compliance With Congressional Budget notify the Ranking Minority Member of any shall constitute a quorum for taking testi- Act—A Committee report on a bill or resolu- decision, pursuant to Clause 3(b)(3) or Clause mony and receiving evidence in any hearing tion which has been approved by the Com- 4(b) of Rule XXXVI of the Rules of the of the Committee shall be two. mittee shall include the statement required House, to withhold a record otherwise avail- (d) Calling and Interrogation of Witnesses: by Section 308(a) of the Congressional Budg- able, and the matter shall be presented to (1) The Majority Members of the Commit- et Act of 1974, separately set out and clearly the Committee for a determination upon the tee or its subcommittees shall be entitled, identified, if the bill or resolution provides written request of any Member of the Com- upon request to the Chairman or subcommit- new budget authority. mittee. tee chairman, by a majority of them before (e) Inflationary Impact Statement—Each SEC. 5: COMMITTEE AND SUBCOMMITTEE completion of any hearing, to call witnesses Committee report on a bill or resolution re- HEARINGS selected by the Majority to testify with re- ported by the Committee shall contain a de- (a) Overall Budget Hearings—Overall budg- spect to the matter under consideration dur- tailed analytical statement as to whether et hearings by the Committee, including the ing at least one day of hearings thereon. the enactment of such bill or resolution into hearing required by Section 242(c) of the Leg- (2) The Committee and its subcommittees law may have an inflationary impact on islative Reorganization Act of 1970 and shall observe the five-minute rule during the prices and costs in the operation of the na- Clause 4(a)(1) of Rule X of the Rule of the interrogation of witnesses until such time as tional economy. House of Representatives shall be conducted each Member of the Committee or sub- (f) Changes in Existing Law—Each Com- in open session except when the Committee committee who so desires has had an oppor- mittee report on a general appropriation bill in open session and with a majority present, tunity to question the witness. shall contain a concise statement describing determines by roll call vote that the testi- (e) Broadcasting and Photographing of fully the effect of any provision of the bill mony to be taken at that hearing on that Committee Meetings and Hearings—When- which directly or indirectly changes the ap- day may be related to a matter of national ever a hearing or meeting conducted by the plication of existing law. security; except that the Committee may be full Committee or any of its subcommittees (g) Rescissions and Transfers—Each bill or the same procedure close one subsequent day is open to the public, those proceedings shall resolution reported by the Committee shall of hearing. A transcript of all such hearings be open to coverage by television, radio, and include separate headings for rescissions and shall be printed and a copy furnished to each still photography, except as provided in transfers of unexpended balances with all Member, Delegate, and the Resident Com- paragraph (f)(2) of the Rules of the House of proposed rescissions and transfers listed missioner from Puerto Rico. Representatives. Neither the full Committee therein. The report of the Committee accom- (b) Other Hearings: Chairman or Subcommittee Chairman shall panying such a bill or resolution shall in- (1) All other hearings conducted by the limit the number of television or still cam- clude a separate section with respect to such Committee or its subcommittees shall be eras to fewer than two representatives from rescissions or transfers. open to the public except when the Commit- each medium. (h) Listing of Unauthorized Appropria- tee or subcommittee in open session and (f) Subcommittee Meetings—No sub- tions—Each Committee report on a general with a majority present determines by roll committee shall sit while the House is read- appropriations bill shall contain a list of all call vote that all or part of the remainder of ing an appropriation measure for amendment appropriations contained in the bill for any that hearing on that day shall be closed to under the five-minute rule or while the Com- expenditure not previously authorized by law the public because disclosure of testimony, mittee is in session. (except for classified intelligence or national evidence, or other matters to be considered (g) Public Notice of Committee Hearings— security programs, projects, or activities). would endanger the national security or The Chairman is authorized and directed to (j) Supplemental or Minority Views: would violate any law or Rule of the House make public announcements of the date, (1) If, at the time the Committee approves of Representatives. Notwithstanding the re- place, and subject matter of Committee and any measure or matter, any Committee quirements of the preceding sentence, a ma- subcommittee hearings at least one week be- Member gives notice of intention to file sup- jority of those present at a hearing con- fore the commencement of such hearings. If plemental, minority, or additional views, the ducted by the Committee or any of its sub- the Committee or any of its subcommittees, Member shall be entitled to not less than committees, there being in attendance the as the case may be, determines that there is three calendar days (excluding Saturdays, number required under Section 5(c) of these good cause to begin a hearing sooner, the Sundays, and legal holidays) in which to file Rules to be present for the purpose of taking Chairman is authorized and directed to make such views in writing and signed by the testimony, (1) may vote to close the hearing the announcement at the earliest possible Member, with the Clerk of the Committee. for the sole purpose of discussing whether date. All such views so filed shall be included in testimony or evidence to be received would SEC. 6: PROCEDURES FOR REPORTING BILLS AND and shall be a part of the report filed by the endanger the national security or violate RESOLUTIONS Committee with respect to that measure or Clause 2(k)(5) of Rule XI of the Rules of the (a) Prompt Reporting Requirement: matter. H 324 CONGRESSIONAL RECORD — HOUSE January 18, 1995 (2) The Committee report on that measure (c) Any request approved as provided under tions in behalf of the Committee without the or matter shall be printed in a single volume subsection (b) shall be immediately turned authorization of a majority of the Commit- which— over to the staff appointed for action. tee. (i) shall include all supplemental, minor- (d) Any information obtained by such staff (f) Members and staff of the Committee ity, or additional views which have been sub- shall be reported to the chairman of the sub- performing authorized travel on official busi- mitted by the time of the filing of the report, committee requesting such study and exam- ness pertaining to the jurisdiction of the and ination to the Chairman and Ranking Minor- Committee shall be governed by applicable (ii) shall have on its cover a recital that ity Member, shall be made available to the laws or regulations of the House and of the any such supplemental, minority, or addi- members of the subcommittee concerned, Committee on House Administration per- tional views are included as part of the re- and shall not be released for publication taining to such travel, and as promulgated port. until the subcommittee so determines. from time to time by the Chairman. (3) Subsection (h)(1) of this section, above, (e) Any hearings or investigations which does not preclude— may be desired, aside from the regular hear- f (i) the immediate filing or printing of a ings on appropriation items, when approved Committee report unless timely request for by the Committee, shall be conducted by the ADJOURNMENT the opportunity to file supplemental, minor- subcommittee having jurisdiction over the ity, or additional views has been made as matter. Mr. OWENS. Mr. Speaker, I move provided by such subsection; or SEC. 9: OFFICIAL TRAVEL that the House do now adjourn. (ii) the filing by the Committee of a sup- (a) The chairman of a subcommittee shall The motion was agreed to; accord- plemental report on a measure or matter approve requests for travel by subcommittee ingly (at 3 o’clock and 5 minutes p.m.), which may be required for correction of any members and staff for official business with- the House adjourned until Thursday, technical error in a previous report made by in the jurisdiction of that subcommittee. January 19, 1995, at 10 a.m. the Committee on that measure or matter. The ranking majority member of a sub- (4) If, at the time a subcommittee approves committee shall concur in such travel re- f any measure or matter for recommendation quests by minority members of that sub- to the full Committee, any Member of that committee and the Ranking Minority Mem- subcommittee who gives notice of intention EXECUTIVE COMMUNICATIONS, ber shall concur in such travel requests for ETC. to offer supplemental, minority, or addi- Minority Members of the Committee. Re- tional views shall be entitled, insofar as is quests in writing covering the purpose, itin- Under clause 2 of rule XXIV, execu- practicable and in accordance with the print- erary, and dates of proposed travel shall be tive communications were taken from ing requirements as determined by the sub- submitted for final approval to the Chair- committee, to include such views in the the Speaker’s table and referred as fol- man. Specific approval shall be required for lows: Committee Print with respect to that meas- each and every trip. ure or matter. (b) The Chairman is authorized during the 177. A letter from the Assistant Secretary (j) Availability of Reports—A copy of each recess of the Congress to approve travel au- of Education, Office of Special Education bill, resolution, or report shall be made thorizations for Committee Members and and Rehabilitative Services, transmitting available to each member of the Committee staff, including travel outside the United final priorities—research and demonstration at least three calendar days (excluding Sat- States. projects, pursuant to 20 U.S.C. 1232(d)(1); to urdays, Sundays, and legal holidays) in ad- (c) As soon as practicable, the Chairman the Committee on Economic and Edu- vance of the date on which the Committee is shall direct the heard of each Government cational Opportunities. to consider each bill, resolution, or report; agency concerned not to honor requests of 178. A letter from the Secretary of Edu- Provided, That this subsection may be subcommittees, individual Members, or staff cation, transmitting a report concerning sur- waived by agreement between the Chairman for travel, the direct or indirect expenses of plus Federal real property disposed of to edu- and the Ranking Minority Member of the which are to be defrayed from an executive cational institutions in fiscal year 1994, pur- full Committee. appropriation, except upon request from the suant to 40 U.S.C. 484(o)(1); to the Committee SEC. 7: VOTING Chairman. on Economic and Educational Opportunities. (a) No vote by any Member of the Commit- (d) In accordance with Clause 2(n) of Rule 179. A letter from the Assistant Secretary tee or any of its subcommittee with respect XI of the Rules of the House of Representa- for Legislative Affairs, Department of State, to any measure or matter may be cast by tives and Section 502(b) of the Mutual Secu- transmitting a listing of gifts by the U.S. proxy. rity Act of 1954, as amended, local currencies Government to foreign individuals during (b) The vote on any question before the owned by the United States shall be avail- fiscal year 1994, pursuant to 22 U.S.C. 2694(2); Committee shall be taken by the yeas and able to Committee Members and staff en- to the Committee on International Rela- nays on the demand of one-fifth of the Mem- gaged in carrying out their official duties tions. bers present. outside the United States, its territories, or 180. A letter from the Chairman, Federal SEC. 8: STUDIES AND EXAMINATIONS possessions. No Committee Member or staff Labor Relations Authority, transmitting the The following procedure shall be applicable member shall receive or expend local cur- annual report under the Federal Managers’ with respect to the conduct of studies and rencies for subsistence in any country at a Financial Integrity Act for fiscal year 1994, examinations of the organization and oper- rate in excess of the maximum per diem rate pursuant to 31 U.S.C. 3512(c)(3); to the Com- ation of Executive Agencies under authority set forth in applicable Federal law. mittee on Government Reform and Over- contained in Section 202(b) of the Legislative (e) Travel Reports: sight. Reorganization Act of 1946 and in Clause (1) Members or staff shall make a report to 181. A letter from the Chairman, Federal 2(b)(3) of Rule X, of the Rules of the House of the Chairman on their travel, covering the Mine Safety and Health Review Commission, Representatives. purpose, results, itinerary, expenses, and transmitting the agency’s annual report for (a) The Chairman is authorized to appoint other pertinent comments. the calendar year 1994 under the Freedom of such staff and, in his direction, arrange for (2) With respect to travel outside the Unit- Information Act, pursuant to 5 U.S.C. 552(d); the procurement of temporary services of ed States or its territories or possessions, to the Committee on Government Reform consultants, as from time to time may be re- the report shall include: (1) an itemized list and Oversight. quired. showing the dates each country was visited, 182. A letter from the Chairman, Occupa- (b) Studies and examinations will be initi- the amount of per diem furnished, the cost of tional Safety and Health Review Commis- ated upon the written request of a sub- transportation furnished, and any funds ex- sion, transmitting the annual report under committee which shall be reasonably specific pended for any other official purposes; and the Federal Managers’ Financial Integrity and definite in character, and shall be initi- (2) a summary in these categories of the Act for fiscal year 1994, pursuant to 31 U.S.C. ated only by a majority vote of the sub- total foreign currencies and/or appropriated 3512(c)(3); to the Committee on Government committee, with the chairman of the sub- funds expended. All such individual reports Reform and Oversight. committee and the ranking minority mem- on foreign travel shall be filed with the 183. A letter from the Director, Office of ber thereof participating as part of such ma- Chairman no later than sixty days following Government Ethics, transmitting the annual jority vote. When so initiated such request completion of the travel for use in comply- report under the Federal Managers’ Finan- shall be filed with the Clerk of the Commit- ing with reporting requirements in applica- cial Integrity Act for fiscal year 1994, pursu- tee for submission to the Chairman and the ble Federal law, and shall be open for public ant to 31 U.S.C. 3512(c)(3); to the Committee Ranking Minority Member and their ap- inspection. on Government Reform and Oversight. proval shall be required to make the same ef- (3) Each Member or employee performing 184. A letter from the Secretary of Labor, fective. Notwithstanding any action taken such travel shall be solely responsible for transmitting notification of the Depart- on such request by the chairman and rank- supporting the amounts reported by the ment’s intent to award a sale-source con- ing minority member of the subcommittee, a Member or employee. tract as required by the Federal Acquisition request may be approved by a majority of (4) No report or statement as to any trip Regulation; to the Committee on Govern- the Committee. shall be publicized making any recommenda- ment reform and Oversight. January 18, 1995 CONGRESSIONAL RECORD — HOUSE H 325 REPORTS OF COMMITTEES ON funds for the provision of grants to colonia ADDITIONAL SPONSORS PUBLIC BILLS AND RESOLUTIONS residents; to the Committee on Transpor- tation and Infrastructure. Under clause 4 of rule XXII, sponsors Under clause 2 of rule XIII, reports of By Mr. FIELDS of Texas (for himself, were added to public bills and resolu- committees were delivered to the Clerk Mr. DELAY, Mr. LAUGHLIN, and Mr. tions as follows: for printing and reference to the proper HALL of Texas): H.R. 4: Mr. DREIER, Mr. GALLEGLY, Mr. calendar, as follows: H.R. 558. A bill to grant the consent of the MCKEON, and Mr. ROBERTS. Mr. DREIER: Committee on Rules. H. Res. Congress to the Texas low-level radioactive H.R. 5: Mr. ENGLISH of Pennsylvania, Mr. 38. Resolution providing for the consider- waste disposal compact; to the Committee HEFLEY, Mr. HUTCHINSON, Mr. TORKILDSEN, ation of the bill (H.R. 5) to curb the practice on Commerce. Mr. STEARNS, Mr. NEUMANN, Mr. MCCRERY, of imposing unfunded Federal mandates on By Mr. FRANK of Massachusetts: Mr. KOLBE, Mr. BUYER, Ms. MOLINARI, Mr. States and local governments, to ensure that H.R. 559. A bill to amend title XVIII of the REGULA, Mr. FRISA, Mr. WHITE, Mrs. the Federal Government pays the costs in- Social Security Act to limit the penalty for CHENOWETH, Mr. WICKER, Mr. GRAHAM, Mr. curred by those governments in complying late enrollment under the Medicare Program ROBERTS, Mr. EHRLICH, Mr. TIAHRT, Mrs. with certain requirements under Federal to 10 percent and twice the period of no en- SEASTRAND, Mr. UPTON, Mr. HALL of Texas, statutes and regulations, and to provide in- rollment; to the Committee on Commerce, Mr. PETRI, and Ms. MCCARTHY. formation on the cost of Federal mandates and in addition to the Committee on Ways H.R. 66: Mr. SPRATT and Mr. BARRETT of on the private sector, and for other purposes and Means, for a period to be subsequently Nebraska. (Rept. 104–2). Referred to the House Cal- determined by the Speaker, in each case for H.R. 70: Mr. LAUGHLIN. endar. consideration of such provisions as fall with- H.R. 76: Mr. WICKER and Mr. PETRI. Mr. HYDE: Committee on the Judiciary. in the jurisdiction of the committee con- H.R. 77: Mr. QUINN, Ms. DANNER, and Mr. H.J. Res. 1. Resolution proposing a balanced cerned. POSHARD. budget amendment to the Constitution of By Mr. GALLEGLY: H.R. 97: Mr. RANGEL, Mr. ENGLISH of Penn- the United States, with an amendment sylvania, Mr. FROST, Ms. EDDIE BERNICE H.R. 560. A bill to reform the immigration (Rept. 104–3). Referred to the House Cal- JOHNSON of Texas, and Mr. FLAKE. laws of the United States; to the Committee endar. H.R. 139: Mr. WOLF, Mr. LIPINSKI, and Mr. on the Judiciary, and in addition to the FATTAH. f Committees on Economic and Educational H.R. 142: Mr. FIELDS of Texas, Mr. Opportunities, International Relations, Gov- PUBLIC BILLS AND RESOLUTIONS KNOLLENBERG, and Mr. WALSH. ernment Reform and Oversight, Ways and H.R. 158: Mr. NORWOOD. Under clause 5 of rule X and clause 4 Means, Agriculture, and Banking and Finan- H.R. 209: Mr. CONDIT, Mr. LINDER, Mrs. of rule XXII, public bills and resolu- cial Services, for a period to be subsequently MYRICK, Mr. SAM JOHNSON, Mr. BARTLETT of tions were introduced and severally re- determined by the Speaker, in each case for Maryland, Mr. HUNTER, and Mr. STUMP. ferred as follows: consideration of such provisions as fall with- H.R. 214: Mr. LINDER. By Mr. HORN (for himself, Mr. BURTON in the jurisdiction of the committee con- H.R. 217: Mr. PAXON. of Indiana, Mr. BEILENSON, Mr. cerned. H.R. 218: Mr. BAKER of California. CONDIT, Mr. KNOLLENBERG, and Mr. By Mr. GONZALEZ (for himself, Mr. H.R. 221: Mr. RUSH, Mr. PORTER, Mr. FRANK SHAYS): VENTO, Mr. SCHUMER, Mr. FRANK of of Massachusetts, Mr. LAFALCE, Ms. PELOSI, H.R. 552. A bill to provide for the negotia- Massachusetts, Mr. KENNEDY of Mas- Mr. GONZALEZ, Mrs. KENNELLY, Mr. HASTINGS tion of bilateral prisoner transfer treaties sachusetts, Mr. FLAKE, Mr. MFUME, of Florida, Mr. GIBBONS, Ms. FURSE, Mr. with foreign countries and to provide for the Ms. WATERS, Ms. ROYBAL-ALLARD, OWENS, Mr. MATSUI, Mr. TOWNS, Ms. EDDIE training in the United States of border pa- Mr. BARRETT of Wisconsin, and Mr. BERNICE JOHNSON of Texas, Mr. FLAKE, Mr. trol and customs service personnel from for- HINCHEY): MCDERMOTT, Mr. MILLER of California, Mr. eign countries; to the Committee on Inter- H.R. 561. A bill to amend the Fair Credit MOAKLEY, Mr. SAWYER, Mr. YATES, Ms. national Relations, and in addition to the Reporting Act, and for other purposes; to the WOOLSEY, Mr. FOGLIETTA, Mr. DELLUMS, Mr. Committees on the Judiciary, and Ways and Committee on Banking and Financial Serv- CLAY, Mr. BONIOR, Mr. FILNER, Mr. RANGEL, Means, for a period to be subsequently deter- ices. Ms. BROWN of Florida, Mr. TORRICELLI, and mined by the Speaker, in each case for con- By Mr. HAYWORTH: Mr. ABERCROMBIE. sideration of such provisions as fall within H.R. 562. A bill to modify the boundaries of H.R. 304: Mr. POMBO and Mrs. SEASTRAND. the jurisdiction of the committee concerned. Walnut Canyon National Monument in the H.R. 384: Mr. MARTINEZ. By Mr. CRANE (for himself, Mr. SHAW, State of Arizona; to the Committee on Re- H.R. 388: Mr. RANGEL. Mr. GIBBONS, and Mr. RANGEL): sources. H.R. 450: Mr. PETERSON of Minnesota, Mr. H.R. 553. A bill to provide, temporarily, By Mr. HERGER: BAKER of California, Mr. DAVIS, Mr. BLUTE, tariff and quota treatment equivalent to H.R. 563. A bill to amend the National His- Mr. NETHERCUTT, Mr. LINDER, Mr. NEY, Mr. that accorded to members of the North toric Preservation Act to prohibit the inclu- CANADY, Mr. COMBEST, and Mr. ROYCE. American Free-Trade Agreement [NAFTA] sion of certain sites on the National Register H.R. 519: Mr. FUNDERBURK. to Caribbean Basin beneficiary countries; to of Historic Places, and for other purposes; to H.R. 520: Mr. HERGER. the Committee on Ways and Means. the Committee on Resources. H.J. Res. 53: Mr. CHAPMAN, Mr. JEFFERSON, By Mr. CANADY of Florida (for himself By Mr. KIM (for himself and Mr. SHU- Mr. METCALF, and Mr. MORAN. and Mr. PETE GEREN of Texas): STER): H. Con. Res. 5: Mr. PETE GEREN of Texas, H.R. 554. A bill to amend title 18, United H.R. 564. A bill to provide that receipts and Mr. WICKER, and Mr. ROHRABACHER. States Code, with respect to judicial rem- disbursements of the Highway Trust Fund, H. Res. 33: Mr. MCDERMOTT, Mr. HALL of edies regarding prison conditions; to the Ohio, Mr. OBERSTAR, Mr. ACKERMAN, Mr. Committee on the Judiciary. the Airport and Airway Trust Fund, the In- land Waterways Trust Fund, and the Harbor BROWN of Ohio, Mr. STARK, Mr. TORRES, Mr. By Mr. MARKEY (for himself, Mr. CON- DICKS, Mr. ENGEL, Mr. BECERRA, Ms. NORTON, Maintenance Trust Fund shall not be in- YERS, Mr. NADLER, Mr. KENNEDY of Mr. LEVIN, Mr. CLAY, Mr. LAFALCE, Mr. BEIL- cluded in the totals of the budget of the U.S. Massachusetts, and Mrs. SCHROEDER): ENSON, and Mr. FRANK of Massachusetts. H.R. 555. A bill to amend the Securities Ex- Government as submitted by the President change Act of 1934 in order to reform the or the congressional budget; to the Commit- f conduct of private securities litigation, and tee on Government Reform and Oversight, for other purposes; to the Committee on and in addition to the Committee on Trans- AMENDMENTS portation and Infrastructure, for a period to Commerce, and in addition to the Committee Under clause 6 of rule XXIII, pro- on the Judiciary, for a period to be subse- be subsequently determined by the Speaker, quently determined by the Speaker, in each in each case for consideration of such provi- posed amendments were submitted as case for consideration of such provisions as sions as fall within the jurisdiction of the follows: fall within the jurisdiction of the committee committee concerned. H.R. 5 concerned. By Mr. MOAKLEY: By Mr. COLEMAN: H.R. 565. A bill to amend the Internal Rev- OFFERED BY: MR. ALLARD H.R. 556. A bill to amend the Federal Water enue Code of 1986 to retroactively restore AMENDMENT NO. 6: In section 202— Pollution Control Act to authorize the Ad- and make permanent the exclusion for (1) in subsection (a), after ‘‘prepare’’ insert ministrator of the Environmental Protection amounts received under group legal services ‘‘and submit to the Congress’’; and Agency to make grants to address waste plans; to the Committee on Ways and Means. (2) at the end of the section add the follow- water needs of the residents of colonias in By Mr. KLECZKA (for himself, Ms. ing: the southwest region of the United States, FURSE, and Mr. DEUTSCH): (d) LIMITATION ON EFFECTIVENESS OF CER- and for other purposes; to the Committee on H.J. Res. 55. Joint resolution proposing a TAIN RULES.—A rule that includes any Fed- Transportation and Infrastructure. balanced budget amendment to the Constitu- eral intergovernmental mandate that may H.R. 557. A bill to permit the State of tion of the United States; to the Committee result in the expenditures by States, local Texas to use certain previously setaside on the Judiciary. governments, or tribal governments of H 326 CONGRESSIONAL RECORD — HOUSE January 18, 1995

$50,000,000 or more (adjusted annually for in- (2) LOCAL MANDATE.—The term ‘‘local man- In Section 301, Sec. 421(4) strike paragraph flation) in any 1 year shall not take effect date’’ means any provision in a local ordi- (B) in its entirety. unless the rule is— nance or regulation that imposes an enforce- In Section 422, strike ‘‘or’’ after the semi- (1) specifically authorized by a law in ef- able duty on the private sector or individ- colon at the end of paragraph (6), strike the fect on the date of the issuance of the rule in uals, including a condition of local assist- period at the end of paragraph (7) and insert final form; or ance or a duty arising from participation in ‘‘; or’’, and insert at the end the following: (2) approved by a law enacted after that a voluntary local program. (8) requires compliance with certain condi- date. H.R. 5 tions necessary to receive grants or other H.R. 5 OFFERED BY: MR. FATTAH money provided by the Federal government OFFERED BY: MRS. CLAYTON AMENDMENT NO. 14: In section 201, after in programs for which the States, local gov- AMENDMENT NO. 7: In section 4, strike ‘‘or’’ subsection (b) insert the following new sub- ernments, or tribal governments voluntarily after the semicolon at the end of paragraph section (and redesignate the subsequent sub- apply. (6), strike the period at the end of paragraph section accordingly): (7) and insert ‘‘; or’’, and after paragraph (7) (c) PRIVATE SECTOR INPUT.—Each agency H.R. 5 shall develop an effective process to permit add the following new paragraph: OFFERED BY: MR. MORAN (8) protects worker safety. private citizens to provide meaningful and AMENDMENT NO. 21: Strike all after the en- H.R. 5 timely input in the development of regu- latory proposals containing significant Fed- acting clause and insert the following: OFFERED BY: MRS. CLAYTON eral inter-governmental mandates. SECTION 1. SHORT TITLE. AMENDMENT NO. 8: In section 301, in the H.R. 5 proposed section 422 of the Congressional This Act may be cited as the ‘‘Fiscal Ac- OFFERED BY: MR. HALL OF OHIO Budget Act of 1974, strike ‘‘or’’ after the countability and Intergovernmental Reform semicolon at the end of paragraph (6), strike AMENDMENT NO. 15: In section 301(2), in the Act’’ (‘‘FAIR Act’’). the period at the end of paragraph (7) and in- matter proposed to be added as a new section SEC. 2. FINDINGS AND PURPOSE. sert ‘‘; or’’, and after paragraph (7) add the 421(4)(B)(ii) to the Congressional Budget Act following new paragraph: of 1974, insert ‘‘except with respect to any (a) FINDINGS.—The Congress finds and de- ‘‘(8) protects worker safety. low-income program referred to in section clares: (1) Federal legislation and regulatory re- H.R. 5 255(h) of the Balanced Budget and Emer- gency Deficit Control Act of 1985,’’. quirements impose burdens on State and OFFERED BY: MR. COOLEY H.R. 5 local resources to implement federally man- AMENDMENT NO. 9: Strike out subsection OFFERED BY: MRS. KENNELLY dated programs without fully evaluating the (e) of the proposed section 425 of the Congres- costs to State and local governments associ- sional Budget Act of 1974. AMENDMENT NO. 16: In section 4, add a new subsection (7) to read as follows: ated with compliance with those require- H.R. 5 (7) requires compliance with section ments and often times without provision of OFFERED BY: MR. COOLEY 402(a)(27) of the Social Security Act, any pro- adequate Federal financial assistance. These AMENDMENT NO. 10: In the proposed section vision of Title IVD of the Social Security Federal legislative and regulatory initia- 424(a)(2)(A) of the Congressional Budget Act Act and any other federal law relating to the tives— of 1974, strike ‘‘$100,000,000’’ and insert establishment or enforcement of child sup- (A) force State and local governments to ‘‘$50,000,000’’. port obligations. utilize scarce public resources to comply H.R. 5 H.R. 5 with Federal mandates; OFFERED BY: MR. FATTAH OFFERED BY: MR. MANZULLO (B) prevent these resources from being available to meet local needs; and AMENDMENT NO. 11: Section 306 is amended AMENDMENT NO. 17: In section 102(a)— to read as follows: (1) in paragraph (1), before the semicolon (C) detract from the ability of State and SEC. 306. EFFECTIVE DATE. insert the following: ‘‘, including the role local governments to establish local prior- This title shall take effect upon the date of and impact of requirements under section ities for use of local public resources. its enactment. 182(d)(1)(B) of the Clean Air Act (42 U.S.C. (2) Federal legislation and regulatory pro- grams result in inefficient utilization of eco- H.R. 5 7511a(d)(1)(B))’’; and (2) in paragraph (3), at the end add the fol- nomic resources, thereby reducing the pool OFFERED BY: MR. FATTAH lowing: ‘‘The Commission shall include in of resources available— AMENDMENT NO. 12: In section 2, strike recommendations under paragraph (2) rec- (A) to enhance productivity, and increase ‘‘and’’ after the semicolon at the end of para- ommendations with respect to requirements the quantity and quality of goods and serv- graph (7), strike the period at the end of under section 182(d)(1)(B) of the Clean Air ices produced by the American economy; and paragraph (8) and insert ‘‘; and’’, and after Act (42 U.S.C. 7511a(d)(1)(B)).’’. (B) to enhance international competitive- paragraph (8) add the following new para- H.R. 5 ness. graph: OFFERED BY: MR. MANZULLO (3) In implementing Congressional policy, (9) to ensure that— Federal agencies should, consistent with the (A) States do not impose any enforceable AMENDMENT NO. 18: In section 102(a)— requirements of Federal law, seek to imple- duty upon local governments, the private (1) in paragraph (1), before the semicolon ment statutory requirements, to the maxi- sector, or individuals, and insert the following: ‘‘, including the role mum extent feasible, in a manner which (B) local governments do not impose any and impact of requirements under the Na- enforceable duty upon the private sector or tional Voter Registration Act of 1993 (42 minimizes— individuals. U.S.C. 1973gg et seq.)’’; and (A) the inefficient allocation of economic (2) in paragraph (3), at the end add the fol- resources; H.R. 5 lowing: ‘‘The Commission shall include in (B) the burden such requirements impose OFFERED BY: MR. FATTAH recommendations under paragraph (2) rec- on use of local public resources by State and AMENDMENT NO. 13: In section 102(a), after ommendations with respect to requirements local governments; and paragraph (1) insert the following new para- under the National Voter Registration Act of (C) the adverse economic effects of such graphs (and redesignate the subsequent para- 1993 (42 U.S.C. 1973gg et seq.).’’. regulations on productivity, economic graphs accordingly): H.R. 5 growth, full employment, creation of produc- (2) investigate and review the role of un- OFFERED BY: MR. MARTINEZ tive jobs, and international competitiveness funded State mandates imposed on local gov- AMENDMENT NO. 19: In section 301, in the of American goods and services. ernments, the private sector, and individ- proposed section 422 of the Congressional (b) PURPOSES.—The purposes of this Act uals; Budget Act of 1974, before ‘‘This part’’ insert are: (3) investigate and review the role of un- ‘‘(a) IN GENERAL.—’’, and at the end of the (1) To assist Congress in consideration of funded local mandates imposed on the pri- section add the following: proposed legislation establishing or revising vate sector and individuals; ‘‘(b) REQUIREMENTS UNDER OTHER LAWS.— At the end of section 102, add the following Federal programs so as to assure that, to the This part shall not apply to any requirement new subsection: maximum extent practicable, legislation en- in effect on December 31, 1994, under— (e) STATE MANDATE AND LOCAL MANDATE acted by Congress will— ‘‘(1) the older Americans Act of 1965 (42 DEFINED.—AS USED IN THIS TITLE: (A) minimize the burden of such legislation U.S.C. 3001 et seq.); or (1) STATE MANDATE.—The term ‘‘State on expenditure of scarce local public re- ‘‘(2) the Juvenile Justice and Delinquency mandate’’ means any provision in a State sources by State and local governments; Prevention Act of 1974 (42 U.S.C. 5601 et seq.). statute or regulation that imposes an en- (B) minimize inefficient allocation of eco- forceable duty on local governments, the pri- H.R. 5 nomic resources; and vate sector, or individuals, including a condi- OFFERED BY: MRS. MINK (C) reduce the adverse effect of such legis- tion of State assistance or a duty arising AMENDMENT NO. 20: In Section 301, ‘‘Sec. lation— from participation in a voluntary State pro- 421(4)(A)(i)(II)’’ strike ‘‘except as provided in (i) on the ability of State and local govern- gram. subparagraph (B)’’. mental entities to use local public resources January 18, 1995 CONGRESSIONAL RECORD — HOUSE H 327 to meet local needs and to establish local other rules only to the extent that they are (A) expenditure of State or local public re- priorities for local public resources; and inconsistent therewith; and sources by State and local governments, (ii) on allocation of economic resources, (2) with full recognition of the constitu- (B) allocation of economic resources, and productivity, economic growth, full employ- tional right of either House to change such (C) productivity, economic growth, full ment, creation of productive jobs, and inter- rules (so far as relating to such House) at employment, creation of productive jobs, national competitiveness. any time, in the same manner, and to the and international competitiveness of Amer- (2) To require Federal agencies to exercise same extent as in the case of any other rule ican goods and services. discretionary authority and to implement of such House. (c) ALTERNATIVES CONSIDERED.—Each statutory requirements in a manner which SEC. 103. EFFECTIVE DATE. Intergovernmental and Economic Impact As- consistent with fulfillment of each agency’s This title shall apply to any bill or resolu- sessment shall also contain a detailed de- mission and with the requirements of other tion ordered reported by any committee of scription of any significant alternatives to laws, minimizes the impact regulations and the House of Representatives or of the Sen- the proposed rule or other major Federal ac- other major Federal actions affecting the ate after the date of enactment of this Act. tion which would accomplish applicable stat- economy have on— TITLE II—FEDERAL utory objectives while reducing— (A) the ability of State and local govern- INTERGOVERNMENTAL RELATIONS (1) the need for expenditure of State or mental entities to use local public resources SEC. 201. GENERAL REQUIREMENTS. local public resources by State and local to meet local needs; and The Congress authorizes and directs that, governments; and (B) the allocation of economic resources, to the fullest extent practicable: (2) the potential adverse effects of such productivity, economic growth, full employ- (1) the policies, regulations, and public proposed rule or other major Federal action ment, creation of productive jobs, and inter- laws of the United States shall be inter- on productivity, economic growth, full em- national competitiveness of American goods preted and administered in accordance with ployment, creation of productive jobs, and and services. the purposes of this Act; international competitiveness of American TITLE I—LEGISLATIVE REFORM (2) all agencies of the Federal Government goods and services. SEC. 101. REPORTS ON LEGISLATION. shall, consistent with attainment of the re- SEC. 203. INTERGOVERNMENTAL AND ECONOMIC (a) REPORT REQUIRED.—(1) Except as pro- quirements of Federal law, minimize— IMPACT STATEMENT. vided in paragraph (2), whenever a commit- (A) the burden which rules and other major (a) REQUIREMENT.—When an agency pro- tee of either House reports a bill or resolu- Federal actions affecting the economy im- mulgates a final rule or implements any tion of a public character to its House which pose on State and local governments, other major Federal action affecting the mandates unfunded requirements upon State (B) the effect of rules and other major Fed- economy, the agency shall prepare an Inter- or local governments or the private sector, eral actions affecting the economy on alloca- governmental and Economic Impact State- the report accompanying that bill or resolu- tion of private economic resources, and ment. Each Intergovernmental and Eco- tion shall contain an analysis, prepared after (C) the adverse effects of rules and other nomic Impact Statement shall contain— consultation with the Director of the Con- major Federal actions affecting the economy (1) a succinct statement of the need for, gressional Budget Office, detailing the effect on productivity, economic growth, full em- and the objectives of, such rule or other of the new requirements on— ployment, creation of productive, and inter- major Federal action; (A) State and local government expendi- national competitiveness of American goods (2) a summary of the issues raised by the tures necessary to comply with Federal man- and services; and public comments in response to the publica- dates; (3) in promulgating new rules, reviewing tion by the agency of the Economic Impact (B) private businesses, including the eco- existing rules, developing legislative propos- Assessment, a summary of the agency’s eval- nomic resources required annually to comply als, or initiating any other major Federal ac- uation of such issues, and a statement of any with the legislation and implementing regu- tion affecting the economy, whenever an changes made in the proposed rule or other lations; and agency identifies two or more alternatives proposed action as a result of such com- (C) economic growth and competitiveness. which will satisfy the agency’s statutory ob- ments; (2) EXCEPTION.—The requirements of para- ligations, the agency shall— (3) a description of each of the significant graph (1) shall not apply to any bill or reso- (A) select the alternative which, on bal- alternatives to the rule or other major Fed- lution with respect to which the Director of ance— eral action affecting the economy, consid- the Congressional Budget Office certifies in (i) imposes the least burden on expenditure ered by the agency, which, consistent with writing to the Chairman of the Committee of local public resources by State and local fulfillment of agency statutory obligations, reporting the legislation that the estimated governments, and would— costs to State and local governments and the (ii) has the least adverse effect on produc- (A) lessen the need for expenditure of State private sector of implementation of such leg- tivity, economic growth, full employment, or local public resources by State and local islation during the first three years will not creation of productive jobs, and inter- governments; or exceed $50,000,000 in the aggregate and during national competitiveness of American goods (B) reduce the potential adverse effects of the first five years will not exceed or services; or such proposed rule or other major Federal $100,000,000 in the aggregate. For this pur- (B) provide a written statement— action on productivity, economic growth, pose, a year shall be a period of three hun- (i) that the agency’s failure to select such full employment, creation of productive jobs, dred and sixty five consecutive days. alternative is precluded by the requirements and international competitiveness of Amer- (b) DUTIES AND FUNCTIONS OF CONGRES- of Federal law; or ican goods and services, SIONAL BUDGET OFFICE.—The Director of the (ii) that the agency’s failure to select such along with a statement of the reasons why Congressional Budget Office shall prepare for alternative is consistent with the purposes of each such alternatives was rejected by the each bill or resolution of a public character this Act. agency; and reported by any committee of the House of SEC. 202. INTERGOVERNMENTAL AND ECONOMIC (4) an estimate of the effect the rule or Representatives or of the Senate, an eco- IMPACT ASSESSMENT. other major Federal action will have on— nomic analysis of the effects of such bill or (a) REQUIREMENT.—Whenever an agency (A) expenditure of State or local public re- resolution, satisfying the requirements of publishes a general notice of proposed rule- sources by State and local governments; and subsection (a). The analysis prepared by the making for any proposed rule, and before ini- (B) productivity, economic growth, full Director of the Congressional Budget Office tiating any other major Federal action af- employment, creation of productive jobs, shall be included in the report accompanying fecting the economy, the agency shall pre- and international competitiveness of Amer- such bill or resolution if timely submitted to pare and make available for public comment ican goods and services. such committee before such report is filed. an Intergovernmental and Economic Impact (b) AVAILABILITY.—The agency shall make (c) LEGISLATION SUBJECT TO POINT OF Assessment. Such Assessment shall be pub- copies of each Intergovernmental and Eco- ORDER.—Any bill or resolution shall be sub- lished in the Federal Register at the time of nomic Impact Statement available to mem- ject to a point of order against consideration the publication of general notice of proposed bers of the public and shall publish in the of the bill by the House of Representatives or rulemaking for the rule or prior to imple- Federal Register at the time of publication the Senate (as the case may be) if such bill menting such other major agency action af- of any final rule or at the time of imple- or resolution is reported for consideration by fecting the economy. menting any other major Federal action af- the House of Representatives or the Senate (b) CONTENT.—Each Intergovernmental and fecting the economy, a statement describing unaccompanied by the analysis required by Economic Impact Assessment required under how the public may obtain copies of such this section. this section shall contain— Statement. SEC. 102. EXERCISE OF RULEMAKING POWERS. (1) a description of the reasons why action The provisions of this title are enacted by by the agency is being considered; SEC. 204. EFFECT ON OTHER LAWS. the Congress— (2) a succinct statement of the objective of, The requirements of this title shall not (1) as an exercise of the rulemaking power and legal basis for, the proposed rule or alter in any manner the substantive stand- of the House of Representatives and the Sen- other action; and ards otherwise applicable to the implementa- ate, respectively, and as such they shall be (3) a description and an estimate of the ef- tion by an agency of statutory requirements considered as part of the rules of each House, fect the proposed rule or other major Federal or to the exercise by an agency of authority respectively, and such rules shall supersede action will have on— delegated by law. H 328 CONGRESSIONAL RECORD — HOUSE January 18, 1995

SEC. 205. EFFECTIVE DATE AND EXEMPTION. (b) LIMITATION ON PRELIMINARY INJUNCTIVE rected solely to that subject in which three- This title shall apply to any rule proposed, RELIEF.—The second sentence of section 705 fifths of the whole number of each House any final rule promulgated, and any other of title 5, United States Code (relating to agree to such excess. Congress and the Presi- major Federal action affecting the economy preliminary relief pending review), shall not dent shall ensure that actual outlays do not implemented by any agency after the date of apply with respect to review under sub- exceed the outlays set forth in such state- the enactment of this Act. This title shall section (a)(2) of an agency action, unless ment. not apply to any agency which is not an process authorized by that sentence is not ‘‘SECTION 2. Prior to each fiscal year, the agency within the meaning of section 551(1) authorized by the other law under which the President shall transmit to Congress a pro- of title 5, United States Code. action is reviewed. posed statement of receipts and outlays for H.R. 5 H.R. 5 such fiscal year consistent with the provi- OFFERED BY: MR. MORAN OFFERED BY: MR. MORAN sions of this Article. AMENDMENT NO. 22: Insert at the end of sec- AMENDMENT NO. 24: Amendment to Section ‘‘SECTION 3. Congress may waive the provi- tion 201 the following: 425(a)(2)(D) by the addition of a new sub- sions of this Article for any fiscal year in (d) LEAST BURDENSOME OPTION OR EXPLA- section 425(a)(2)(C) to read as follows: which a declaration of war is in effect. The NATION REQUIRED.—An agency may not issue ‘‘(D) For purposes of subsection 425(a)(2), provisions of this Article may be waived for a rule that contains a Federal mandate if the ‘Federal intergovernmental mandate’ shall any fiscal year in which the United States rulemaking record for the rule indicates that not mean any provision in legislation, stat- faces an imminent and serious military there are 2 or more methods that could be ute or regulation that would be equally ap- threat to national security and is so declared used to accomplish the objective of the rule, plicable to state, local and tribal govern- by a joint resolution, adopted by a majority unless— ments as to private businesses, including any of the whole number of each House, which (1) the Federal mandate is the least costly provision that would be equally applicable to becomes law. method, or has the least burdensome effect, state, local and tribal governments and pri- ‘‘SECTION 4. Total receipts shall include all for— vate businesses that are or may be in com- receipts of the United States except those (A) States, local governments, and tribal petition.’’ derived from borrowing and total outlays governments, in the case of a rule containing H.R. 5 shall include all outlays of the United States a Federal intergovernmental mandate, and OFFERED BY: MR. VOLKMER except those for the repayment of debt prin- (B) the private sector, in the case of a rule cipal. Total receipts shall not include re- AMENDMENT NO. 25: Amend Section 301 of containing a Federal private sector mandate; ceipts (including attributable interest) of the H.R. 5 as reported as follows: or Federal Old-Age and Survivors Insurance Page 23, line 25 strike ‘‘except-’’ and insert (2) the agency publishes with the final rule Trust Fund and the Federal Disability Insur- an explanation of why the more costly or in lieu thereof ‘‘or’’; and Page 24 strike lines 1 through 6. ance Trust Fund, or any successor funds, and burdensome method of the Federal mandate total outlays shall not include outlays for H.J. RES. 1 was adopted. disbursements of the Federal Old-Age and H.R. 5 OFFERED BY: MR. KLECZKA Survivors Insurance Trust Fund and the Fed- OFFERED BY: MR. MORAN AMENDMENT NO. 5: Strike all after the re- eral Disability Insurance Trust Fund, or any AMENDMENT NO. 23: At the end of title II solving clause and insert the following: successor funds. insert the following: That the following article is proposed as an ‘‘SECTION 5. The amount of the debt of the SEC. 206. JUDICIAL REVIEW. amendment to the Constitution of the Unit- United States held by the public as of the ed States, which shall be valid to all intents (a) REVIEW OF AGENCY ACTIONS SUBJECT TO date this Article takes effect shall become a and purposes as part of the Constitution REVIEW UNDER OTHER FEDERAL LAW.—If an permanent limit on such debt and there shall agency action that is subject to section 201 when ratified by the legislatures of three- be no increase in such amount unless three- or 202 is subject to judicial review under any fourths of the several States within seven fifths of the whole number of each House of other Federal law (other than chapter 7 of years after the date of its submission for Congress shall have passed a bill approving title 5, United States Code)— ratification: such increase and such bill has become law. (1) any court of the United States having ‘‘ARTICLE— ‘‘SECTION 6. All votes taken by the House jurisdiction to review the action under the ‘‘SECTION 1. Prior to each fiscal year, Con- of Representatives or the Senate under this other law shall have jurisdiction to review gress shall, by law, adopt a statement of re- Article shall be rollcall votes. the action under sections 201 and 202; and ceipts and outlays for such fiscal year in ‘‘SECTION 7. Congress shall enforce and im- (2) in any proceeding under paragraph (1), which total outlays are not greater than plement this Article by appropriate legisla- any issue relating exhaustion of remedies, total receipts. Congress may, by law, amend tion. the time and manner for seeking review, that statement provided revised outlays are ‘‘SECTION 8. This Article shall take effect venue, or the availability of a stay or pre- not greater than revised receipts. Congress for the fiscal year 2002 or for the second fis- liminary injunctive relief pending review may provide in that statement for a specific cal year beginning after its ratification, shall be determined under the other law. excess of outlays over receipts by a vote di- whichever is later.’’. 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, WEDNESDAY, JANUARY 18, 1995 No. 10 Senate (Legislative day of Tuesday, January 10, 1995)

The Senate met at 11:30 a.m., on the Help them to see clearly the good and any progress on this bill. It is obvious expiration of the recess, and was called right way of compromise in detail, and that the people watching or not even to order by the President pro tempore to find unity in principle. watching know that we have been on [Mr. THURMOND]. Give them an appreciation for the this bill 3 days and not much has hap- The PRESIDENT pro tempore. Today good desires of each other, a care to lis- pened. That is the way the Senate can we have a guest chaplain, the Reverend ten in disagreement, a willingness to work, and certainly I have been in the Mark E. Dever, pastor of the Capitol reevaluate, a resolve to act. position of slowing things down. Hill Baptist Church. We ask this of you because of our de- But, obviously, there is a slowdown pendence on you for all things, through in progress. If we do not make any PRAYER Jesus Christ. Amen. progress between now and 1:25 p.m. on The guest chaplain, the Reverend f this bill, it would be my intention to Mark E. Dever, offered the following RESERVATION OF LEADER TIME recess the Senate maybe for the rest of prayer: the day so the Judiciary Committee Let us pray: The PRESIDENT pro tempore. Under can complete action on the balanced- God over all rulers, You are a great the previous order, the leadership time budget amendment, because I assume God, worthy of all our worship. is reserved. there will be an objection to the Judi- In Your presence we are aware of how f ciary Committee meeting during the different we are from You. No earthly session of the Senate. accomplishments can hide that fact RECOGNITION OF THE MAJORITY If my colleagues are willing to per- from us. LEADER mit the Judiciary Committee to meet, We rejoice that we are made in Your The PRESIDENT pro tempore. The obviously we would not have to recess image, but we confess that we have Chair recognizes the distinguished ma- the Senate. So I hope that accommoda- marred that image by our rebellion jority leader, Senator DOLE of Kansas. against You. Thank You for Your pa- Mr. DOLE. Mr. President, I thank the tion might be forthcoming. tience with us. Lord God, give us hu- Chair. But with about 30, 40, or 50 amend- ments, there is no way this bill can be mility as we go about great business. f Thank You for entrusting to these completed prior to the State of the men and women the privilege of ac- SCHEDULE Union Message next week, and that is cepting and executing the offices to Mr. DOLE. Mr. President, I just my hope. I know President Clinton which You have called them. make the announcement for my col- would very much like us to move We bring before You the problems of leagues that the time of the two lead- quickly on the Mexico matter, which is our day which seem beyond solution. ers has been reserved, and we will have not foreign aid, I might say. It is a loan Forgive us for our lack of faith in You, routine morning business until 12 noon, guarantee. As far as I am concerned, for our forgetfulness of Your remark- with Senators permitted to speak for that effort is right behind the unfunded able goodness to us in years past. Re- not to exceed 5 minutes each, with the mandates bill. So I suggest maybe the mind us that when we begin to feel our- following exceptions: Senator THOMAS President might want to urge some of selves beyond hope, that then we are for up to 10 minutes, Senator INHOFE his colleagues on the other side to co- entering the arena in which You de- for up to 10 minutes, and Senator operate on this bill. light to act. CAMPBELL for up to 10 minutes, I guess. I think it has broad bipartisan sup- Remind these Senators even this day At 12 noon, the Senate will resume port, supported by nearly every Gov- of Your concern for them and their consideration of S. 1, the unfunded ernor in America, every mayor, every work. mandates bill. Pending is still commit- county official, every public official, Educate the consciences of this Na- tee amendment No. 11. and the private sector, and it is some- tion, and particularly of the Members A cloture motion was filed on Tues- thing that could be passed in 1 good of this Chamber, that their will in day. Therefore, a cloture vote will day of debate. some manner would reflect Your own. occur tomorrow. All first-degree There are legitimate amendments, as Help them to manage their public amendments should be filed at the desk there always are. But we will dispose of and private duties well. no later than 1 p.m. today. the bill one way or the other. We would Help them to maintain piety, justice, I just say generally for the informa- like to accommodate our colleagues on and peace by the laws they write. tion of Members, we are not making the other side who plan a retreat on

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

S 1017 S 1018 CONGRESSIONAL RECORD — SENATE January 18, 1995 Friday. If we can obtain cloture tomor- many of the problems that we are look- somebody else to pay for it. That is ex- row, maybe we can work that out with ing at in a contemporary way were ad- actly what is happening. the Democratic leader, Senator dressed in the past. If we look around—I can take you to DASCHLE. I remember so well, if you think back the State of Oklahoma, in Oklahoma Mr. President, I reserve the remain- in the history of this country, as was City alone. Keep in mind, in our infi- der of my time. discussed by the distinguished Senator nite wisdom, we passed all these bills. f from West Virginia yesterday, we re- In Oklahoma City, in order to comply member that here we were, a handful of with the Clean Water Act, the conserv- MORNING BUSINESS farmers and trappers over here, and we ative estimate is $3 million for that The PRESIDENT pro tempore. Under took on the greatest army on the face city; to comply with the transpor- the previous order, there will now be a of this Earth, knowing that we were tation regulations, and these were the period for morning business. signing our own death warrants to do reflective road signs, the metric con- The distinguished Senator from so, but knowing it was worth it to es- versions, and those things, that would Oklahoma is recognized to speak for up cape tyranny. That was what it was all be $2 million over a 5-year period; land to 10 minutes. about when that tall redhead stood in use regulations, landfills, recycling, Mr. INHOFE. Thank you, Mr. Presi- the House of Burgesses and said: $2.5 million; the Clean Water Act, they dent. We are not weak if we make a proper use cannot proximate it, but it is well over of those means which the God of Nature has $2 million. f placed in our power. Three millions of peo- Go to a smaller town or city, such as UNFUNDED MANDATES ple, armed in the holy cause of liberty, and in such a country as that which we possess, Broken Arrow, OK: Clean Water Act, Mr. INHOFE. Mr. President, I was lis- are invincible by any force which our enemy storm water regulations, $100,000. A tening intently as the majority leader can send against us. person may say, what is that? In Bro- expressed a concern over the lack of Patrick Henry was saying that we ken Arrow, OK, that is a lot. They are progress that we are making; and cer- are escaping the tyranny that we left going to have to give up a police officer tainly we are not making progress. behind in a foreign country. to comply with that mandate that I also listened intently yesterday to Now, where have we come today? came from the Federal Government. the very distinguished Senator from Right back to that same tyranny. And Waste water treatment regulations, West Virginia, as he quoted history and while it is not a contemporary debate, $125,000. Safe drinking water regula- he quoted many of our Founding Fa- it is now being debated tions, $40,000. EPA regulations, solid thers, concerning the subject at hand contemporarily. waste, $32,000. Fair Labor Standards of unfunded mandates. I think if you look around and you Act, $30,000. I have felt that unfunded mandates see of all of those items in the Contract In my city of Tulsa, I checked and are the product of an assertive, greedy With America, this is the one that brought up to date the figures that Government that has arrogantly in- transcends all ideological lines. It were there back when I was mayor of jected itself into the dictatorial posi- transcends all party lines and inter- Tulsa, the Clean Water Act, $10 mil- tion that was feared most by our ests. This is something that all of the lion; Safe Drinking Water Act, $16 mil- Founding Fathers. American people are for. lion; solid waste regulations $700,000; And, you know, we deal with these I listened to the Senator from Cali- lead-based paint, $1 million. It goes on subjects as if they are contemporary fornia [Mrs. FEINSTEIN], I believe it was and on and on. I just listed $35 million subjects, Mr. President, and they are a couple of days ago, and she said it so worth of mandates that are imposed not. Because in all of these subjects well about what happened out in San upon three cities in the State of Okla- that we have been discussing that Francisco back when she was the homa. might be associated with the Contract mayor. And while Mrs. FEINSTEIN and Now, those are direct costs. We get With America, but certainly those I—perhaps there are no two Senators into indirect costs when we look at things that 70 to 80 percent of the further apart ideologically. We cer- other laws that were passed. The Americans want, our Founding Fathers tainly agree we have one thing in com- Davis-Bacon Act—when I was elected dealt with these issues. They dealt mon in our backgrounds. We were both mayor of the city of Tulsa, we had to with term limitations. It was their in- mayors of major cities in America at make some additions. What do we do tent to have a citizens legislature for the same time. In fact, Mr. President, about our capital improvements, be- people to have to live under the laws we were on the board of directors of the cause they are in dire need; we were that we passed. And, of course, we dis- U.S. Congress of Mayors at the same rotting out from within. So I had to go cussed that under the accountability time. No one is going to say, by any in- out on the line, and for a conservative bill, and such things as the budget bal- terpretation, the U.S. Conference of to do this, it was a very difficult thing, ancing amendment. Mayors is a conservative operation. Mr. President. But I passed a 1-cent It was Thomas Jefferson who came Yet, what was our major concern 15 sales tax increase for capital improve- back and said: years ago, when Mrs. FEINSTEIN and I ments; and it passed. If I could have made one improvement in were both mayors of major cities? It In order to do this, we calculated, by the Constitution, it would have been to se- was unfunded mandates. If fellow Sen- having to comply with the Davis-Bacon verely limit the abilities of our Government ators will talk to any of the municipal Act, how much more it costs the tax- to incur debt. leagues around America and ask them payers of this city of Tulsa, OK. What And now we are looking at unfunded what is the major problem they are could we have done without the Davis- mandates, which, I think, at the crux facing in their towns, as well as their Bacon Act: 17 percent more in capital of unfunded mandates is the 10th cities and States, they will not say improvements, 6 more miles of roads amendment to the Constitution. Cer- crime, they will not say welfare; they and streets, 34 more miles of water and tainly, James Madison was very elo- will say it is unfunded mandates. sewer lines, and we could have hired 500 quent in his discussion of the 10th We wonder how we got in this situa- more people. amendment. tion. It reminds me a little of the two I read in the Reader’s Digest just the Just so that I do not misquote it, I skeletons in the closet. One rattled to other day something I will share with will read it. The 10th amendment pro- the other and said, ‘‘How did we get in Members. In Philadelphia, for exam- vides that: here?’’ And the other said, ‘‘I don’t ple—and this is in December’s Reader’s The powers not delegated to the United know. If we had any guts, we would get Digest—electricians must be paid $37.97 States by the Constitution, nor prohibited out.’’ I think it is time to get out. I an hour on Davis-Bacon projects, while by it to the States, are reserved to the think we got in because of the propen- private contractors pay an average of States respectfully, or to the people. sity of Members of Congress to, in $15.76. In Oakland, carpenters get $28 When you stop and remember what hopes of getting people something and an hour on federally funded projects, our Founding Fathers came over here not having the money to pay for it, and they work for $15 an hour in the to escape, it was, in fact, tyranny. So find a way to do it, and that is to force private sector. Many are paying the January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1019 price indirectly, and paying dearly, for serving for the last 8 years here in the number of people who begin to find rea- the price of the mandates. U.S. Capitol. sons why they are not for it. I replaced a very distinguished He brings out certainly another ex- The local Hill paper says: ‘‘Balanced former Senator, David Boren, when I ample, and we have heard one after an- Budget Amendment Is a Charade.’’ was elected to the U.S. Senate this other, about the punitive action of the I do not believe that. I think that is past year. David Boren—he is a Demo- Federal Government in forcing States wrong. Let me talk about some of the crat and I am a Republican—was and is to comply with unfunded mandates. issues. today one of my closest friends. I can Mr. President, I thank the Chair. First of all, it is a fundamental ques- remember in 1966, Mr. President, we (The remarks of Mr. CAMPBELL per- tion and the question should be di- were elected to the State legislature. taining to the introduction of S. 234 are vided. The question is: Do you think it We came up here, and three of us be- located in today’s RECORD under is fiscally or morally irresponsible to came very intimate friends: David ‘‘Statements on Introduced Bills and spend more than you take in? Do you Boren, myself, and a guy named Ralph Joint Resolutions.’’) think it is fiscally irresponsible to Thompson, who is now a Federal judge, Mr. THOMAS addressed the Chair. spend more than you take in? Is it whose name has been mentioned very The PRESIDING OFFICER (Mr. morally irresponsible to shift the debt prominently as someone who might be INHOFE). The Senator from Wyoming is to our children, grandchildren and a member of the U.S. Supreme Court recognized to speak for up to 10 min- their children? someday. utes. The answer is, yes, of course it is fis- We came up in 1967, almost 30 years f cally irresponsible; of course, it is mor- ago. What was our mission? On the BALANCED BUDGET AMENDMENT ally irresponsible. That is the basic first trip when we came to Washington, question. The answer is not, ‘‘Yes, it is the mission was to protest the man- Mr. THOMAS. Mr. President, I would irresponsible if it doesn’t hurt too dates of Lady Bird’s Highway Beautifi- like to comment this morning on an much,’’ or, ‘‘Yes, I would like to do it cation Act of 1965. issue that I think is important to us if it doesn’t pinch us a little bit.’’ and to this country, and that is the Lastly—I do not want to go over my The answer is, ‘‘Yes, it is irrespon- balanced budget amendment. Although time, and I am afraid I am approaching sible to continue to do what we have we have been discussing over the past that now—I will say what will happen been doing for 40 years.’’ That is the several days the unfunded mandates if we do not do it. What is going to hap- first question. bill, the question of a balanced budget pen if we do not pass this bill that ev- has come up. There is a relationship, The second question then is how do eryone, virtually everyone, in America and I understand the relationship. you do it? The second question is, over is for? If we do not do it, it will be done Certainly, if I were a local govern- a period of time, how do you do it? It for us. Just to the south of the State of ment official and we were talking does not matter to me particularly the Senator from Colorado, in New about a balanced budget amendment I whether it takes 5 years or 7 years or 10 Mexico, in Catron County, in frustra- would want the protection of an un- years, if we are on a glide path that tion with dealing with the U.S. Forest funded mandate bill so that the Fed- holds us toward a balanced budget. Service, they enacted the U.S. Con- eral Government would not shift the The second one we hear constantly is stitution as a county ordinance and responsibility of payment to local gov- we do not need an amendment. We now put the Federal Forest Service on no- ernment. have all the tools that are necessary to tice to show up at the county super- But the balanced budget amendment do it. The fact is, evidence does not visors meeting to get permission to im- goes beyond that, it seems to me. It is support that. We have not had a bal- pose mandates. one of the fundamental changes that anced budget for 25 years. I think we Recently, in Walter Williams’ col- needs to take place in the Federal Gov- have had two in 50 years. There is not umn, he talks about the fact that Cali- ernment so that decisions in the future evidence that this Congress can bal- fornia has joined Colorado, Missouri, will be different. If we are really talk- ance the budget, is willing to balance Hawaii, and Illinois in asserting 10th ing about change, some of the proce- the budget or does balance the budget amendment rights demanding that the dural changes that are being discussed and, indeed, we need some discipline to Federal Government cease and desist now need to happen and they need to cause that to happen. Talking about it all mandates and interferences exceed- happen soon. does not cause it to happen. ing those delegated by the Constitu- We have already done the account- The Director of OMB on the TV said, tion. Similar resolutions have been ability of the Congress. That is excel- ‘‘Well, we have all the tools we need.’’ passed in 12 other States. lent. There is no reason why the people Maybe so, but tell me how well it has Mr. President, that is a total of 17 here should not live under the same worked. It has not worked. So we do States. Just nine more States, and that rules that they apply to others. We need some discipline. We need some will be a majority of those States. So I need a balanced budget amendment to discipline to cause the Members of will conclude, and say that this is give us some discipline for fiscal re- Congress to balance the budget. something that we will have to start sponsibility. We need to do that. We Should it have more discussion? I discussing in a serious vein and actu- need to have a line-item veto. I have heard the other day, someone said, ally bringing to a vote. I cannot think had some experience in the House ‘‘Well, it needs to be discussed.’’ It has of anything that is more significant where you have an item that simply been discussed for at least 10 years. We that we will be dealing with than this does not belong in a bill. It is in the voted on it several times. We voted on issue. highway bill and it is a museum for it in the House; we voted on it in the As the Reverend Mark Dever said in Lawrence Welk, but you cannot touch Senate. It is not a puzzle. It is not a his prayer, opening the session today, it because the rules do not allow for difficult one to decide on the basic we want unity of purpose for which we that to happen. So you need a line-item issue of whether a Government should are elected. Without overly dramatiz- veto. be responsible enough to not spend ing, I would say we must free our We need term limitations. These are more than it takes in. We have had lots States and counties from the bondage the kinds of fundamental changes, but of discussion. to which they have been subverted. I want to talk today about the bal- Some say it is a gimmick. Some say Thank you, Mr. President. anced budget amendment. it is bumper-sticker politics. Let me Mr. CAMPBELL addressed the Chair. It has to do with shaping the form of tell you something, it works in 48 The PRESIDENT pro tempore. The the Federal Government over a period States. I served in the Wyoming legis- distinguished Senator from Colorado. of time. It has to do with the question lature. It works there. We have a con- Mr. CAMPBELL. Mr. President, be- of whether we will have fiscal respon- stitutional provision that you cannot fore I make comments, I would like to sibility or whether we do not. There spend more than you take in. It works. associate myself with the comments of has been a good deal of dissent on an There is no question about whether it my friend, the Senator from Oklahoma, issue which most people say they are works. It is not a gimmick. It provides with whom I have had the privilege of for, and now we find an increasing the kind of discipline to force the S 1020 CONGRESSIONAL RECORD — SENATE January 18, 1995 members of the legislature to set prior- we have too much government; it costs testimony yesterday, we have to do it ities, and that is what a legislature is too much,’’ and the balanced budget for what country western singer Garth all about. Without that kind of dis- amendment is the discipline that we Brooks calls the ‘‘hard hat, six-pack, cipline, it does not happen. need to set priorities. achin’-back, flag-wavin’, fun-lovin’ It is pretty simple. In the Wyoming You have to spend within your budg- crowd,’’ because these are the people legislature, and 48 others, when you get et in your family. You have to spend who work hard every day, care for in the appropriations committee, of within your budget in your business their children, pay their bills and fi- which I was a member, you say, ‘‘Look, and, over time, you have to spend with- nance the growth of big government we are spending more than we have to in your budget in your Government, with their hard-earned tax dollars. For spend.’’ You have to make some and this will provide the discipline to years, they have watched their pay- changes and you do that. It is not mys- do it. checks grow smaller while Washington tic; it is not magic. It is just the dis- We answer the question: Is it morally grows bigger. And last November they cipline that causes that to happen. and fiscally responsible to balance the spoke out loud and clear. They voted Some say, ‘‘Well, judges will be set- budget? The answer is yes, and we for change in the way things were done ting it.’’ Not so. It is not true in the ought to get on about it. in Washington. They voted for less gov- States. The States do not have judges Thank you, Mr. President. I yield the ernment and lower taxes. They voted setting budgets. That will not happen. remainder of my time. for a balanced budget. And, yes, they Some say, ‘‘Well, we have to have an Mr. GRAMS addressed the Chair. voted for a $500 per child tax credit. outline before we can be for it. We have The PRESIDING OFFICER. The Sen- But even now, the old barons of to know what you are going to cut.’’ ator from Minnesota. Washington and the long-time defend- There is no way that you know what f ers of big government still do not get you are going to cut in 7 years or 10 it. They do not understand that every MIDDLE-CLASS TAX RELIEF years. dollar Washington spends is one less The first question is, Is it responsible Mr. GRAMS. Thank you, Mr. Presi- dollar that taxpayers can spend. And to balance the budget? The second dent. Mr. President, yesterday I testi- worst of all, they do not understand question is, How do you do it? fied before the House Ways and Means that it is not the Government’s money And if you really believe that it Committee on an issue of great impor- to begin with. They just do not get it. needs to be done, you do it. Raise reve- tance to me: The Minnesotans, whom I But the people do, and that is what nues? Of course. I am not for that, but represent in the U.S. Senate, and every counts. that is possible. And if you are willing overburdened American taxpayer. The And so what are we going to do about to pay for it, you put a cost-benefit issue is middle-class tax relief. it? Well, the answer is simple: Let the ratio. You can do that. If you are com- Two years ago while serving in the taxpayers keep their money. And the mitted to a balanced budget, however, House, I introduced the idea of a $500 way to begin this process is to pass the you will find the way. per child tax credit in my families-first families first $500-per-child tax credit. Those who say, ‘‘We do not need the legislation, coauthored by Congress- The families first tax credit means tools, we already have them,’’ they man TIM HUTCHINSON, of Arkansas. $25 billion annually to taxpayers across have to do the same thing if they are Our arguments then were simple: America—$500 million to Minnesota going to balance the budget. They say, Taxes were too high; the burden of tax alone. And 90 percent of the benefits of ‘‘We are going to balance the budget, increases fell disproportionately on the the tax relief goes to families making we don’t need a balanced budget middle class; and big government was annual incomes of $60,000 or less. amendment.’’ You have to make the forcing more workers out of the work- It is the largest, fairest, most pro- same cuts to do it either way. What is ing class and into the welfare class. gressive way of providing tax relief for the problem with having discipline? Consider the facts: Most middle-class families, and it lives up to our Govern- What is the problem with going to the American families pay more in Federal ment and our commitment of reducing States and saying to the State legisla- taxes than they spend for food, cloth- the size of the Federal Government. By tures, ‘‘We have a balanced budget to ing, transportation, insurance, and cutting Government spending to pay the Constitution. You have a chance to recreation combined. for middle-class tax relief, families vote.’’ People want to be involved in Since World War II, Federal income first is the strongest response that we government. and payroll taxes have increased from 2 can send to the American people that The administration says we are al- to 24 percent of the median income of a we heard their message, that we accept ready cutting the deficit; we do not family of four. Despite this, while Con- their mandate, and we will deliver on need it. The fact is that most of the gressman HUTCHINSON and I were mak- our promises. deficit cut in the last 2 years has been ing the case for tax relief, Congress was Mr. President, what we do in this the bookkeeping deficit, and the only in the midst of passing the 1993 Clinton Congress will be judged by the middle- real change in policy that has reduced tax proposal—the largest tax increase class Americans who voted for us last the deficit has been an increase in in American history. November. And, Mr. President, what taxes. The fact is, we spent more last Far from providing tax relief for the we do in this Congress, in this Cham- year than we spent the year before. But middle class, the Clinton proposal ac- ber, will determine the makeup of the we raised taxes and we did reduce the tually increased their tax burden, mak- next Congress. Republicans made a deficit, and I am pleased with that. But ing it more difficult for the middle commitment to the taxpayers, and I most of it was a bookkeeping change class to care for themselves and for urge my colleagues to uphold that from the S&L’s and Medicaid. Some of their children. The message from commitment as we continue to fight it was an increase in taxes. We have Washington was clear: Give us your for the middle class and as we fight for not balanced the budget. The projec- money and we will solve all your prob- fairness. tion is the deficit is going back up. lems. I yield back the floor. We hear a lot about the cuts that are But the American voters said ‘‘no’’ to needed. The fact is, we will be spending this message in November and deliv- f substantially more at the end of 7 ered one of their own. And that was years than we spend now. It is not a ‘‘let us keep our money.’’ GREENVILLE MIDDLE SCHOOL—A question of cuts. It is a matter of re- Today, the arguments for tax relief CLASS ACT ducing the growth, and that is where have not changed. Taxes are still too Mr. HEFLIN. Mr. President, the we are. high, the tax burden still falls too newspaper USA Today recently initi- So a balanced budget amendment, it heavily on the middle class. The big ated an ongoing series of articles spot- seems to me, is the responsible thing to difference, however, is that this year— lighting schools and educational pro- do. Balancing the budget is the respon- with this Congress—we can do some- grams in the country that are both in- sible thing to do. If I heard something thing about it. novative and successful. in this election in 1994 in Wyoming it We promised tax relief, and now we The first venture to be included in is, ‘‘We want responsible government; have to deliver. And as I said in my the series was the Builders Club at January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1021 Greenville Middle School in Greenville, Manning says the program’s success is And most of these people are poor, AL. proven by its membership numbers. incredibly poor. Haiti’s unemployment I want to congratulate the teachers ‘‘If they didn’t enjoy it, they wouldn’t join rate must be 50 percent. The people involved in this unique community- it. You can’t make middle school kids do anything they don’t want to do,’’ she says. have no jobs, so they jam the streets. service program and all the students at They are struggling to survive on a few f Greenville who participate in the cents a day. In the vast Cite Soleil Builders Club. They are setting an ex- A TRIBUTE TO NANCY STILSON ON slum, they line up to get water from ample that schools all over the Nation HER RETIREMENT FROM THE truck-supplied tanks—if and when the can follow. REDSTONE SCIENTIFIC INFORMA- truck comes to deliver the water. Gar- I ask unanimous consent that the TION CENTER bage and sewage are everywhere. Dis- USA Today article on the Builders Mr. HEFLIN. Mr. President, I would ease, including AIDS, is a pervasive Club be printed in the RECORD follow- like to congratulate Ms. Nancy Stilson, threat. ing my remarks. Chief, Documents Reference Librarian And yet, Mr. President, in the midst There being no objection, the article at the Redstone Scientific Information of all this suffering, I found people anx- was ordered to be printed in the Center on the occasion of her retire- ious to shake my hand, to smile, and to RECORD, as follows: ment from Government service. say ‘‘thank you.’’ Thank you? Why [From the USA Today, Jan. 4, 1995] Ms. Stilson began her Government would they thank me, a foreigner sur- SERVICE CLUB BUILDS GOOD CITIZENS service career in Huntsville at Red- rounded by soldiers and policemen? (By Tamara Henry) stone Arsenal 41 years ago. She has Mr. President, they were thanking (This is the first in an ongoing USA Today worked in the documents section of the me because I am an American. They series titled Class Acts, a look inside some Redstone Scientific Information Center were thanking me because we, the educational ventures across the USA that American people, have given them the work remarkably well) throughout her career. Her knowledge of the weapon and missile systems de- thing that is even more valuable than GREENVILLE. AL.—To the 175 students at veloped for the U.S. Army have ranged food to eat. Greenville Middle School, splinters, needle Mr. President, we have given the Hai- pricks and scissor cuts are marks of valor— from those developed in the early 1950’s the price paid to serve the community. up to the present time. Ms. Stilson has tian people security. For the first time On this day, approximately two dozen stu- the respect and admiration of her cus- in 3 years, the Haitian people do not dents are gathered in teacher Judy Tindal’s tomers who are scientists and engi- have to cower in corners fearing that classroom to make Christmas ornaments as neers for the U.S. Army Missile Com- they will be assaulted by thugs or appreciation gifts for community leaders. mand. Indeed Ms. Stilson, through her dragged off to be tortured. For the first ‘‘Ouch,’’ yells 11-year-old Laine English, experience, has the equivalent of a time in 3 years, they are free to go into struggling to thread a needle needed to sew Ph.D. in missile technology as her cus- the streets, laugh, dance, celebrate lace over a ball of cotton. freedom. For the first time in 3 years, Her friends giggle. tomers can attest. When scientific and ‘‘There’s the real fun over there, burning technical information is needed, Ms. they are free to go and tear down with your fingers,’’ she deadpans, pointing to a Stilson has been the ‘‘one stop shop’’ their bare hands those yellow build- group adding wings and halos to the covered for such information. Ms. Stilson has ings—one of which I visited—from cotton balls. provided scientific and technical infor- which they used to hear the screams of ‘‘That’s right!’’ agrees Amanda Myrick, II. mation to those designing, building, people being tortured. ‘‘Here’s where I burned myself with the hot and fielding the Army’s weapons and And why are they free? Because there glue gun.’’ missile systems. In fact, if you could are soldiers of the U.S. Army 10th The students are all Members of the Build- design an illustration of the compo- Mountain Division patroling the ers Club, a 5-year-old service organization funded by the state and actively supported nents of the missile system, Ms. streets of Port-au-Prince and Cap Hai- by the local Kiwanis Club. The middle school Stilson would figure prominently in tien. There are units of the United is one of 23 public school systems in Alabama the section dealing with technical in- States Special Forces patroling the participating in a statewide community formation. Through her career she has streets of towns and villages through- service effort such as this. served both distinguished scientists out the interior of Haiti. The Haitian Nationally, thousands of school systems such as Dr. Warner Von Braun, as well soldiers and police who used to terror- have what are popularly called service learn- as bench scientists and engineers creat- ize them are being weeded out. And ing programs. They promote the notion that ing the nuts and bolts of missile com- there are international police monitors education is not complete until classroom studies are used to solve real-life problems. ponents. During Ms. Stilson’s tenure, from countries like Bangladesh and Ar- Activities run the gamut, from an Alter- the scientific and technical library gentina and Jordan as well as the Unit- natives to Violence high school program in community advanced to the capability ed States spread across the country to Washington, D.C., to the creation of an eco- of supporting the highly technical and work with and monitor the actions of system in the desert in rural eastern Oregon complex Army that exists today. She Haitian police and make sure that peo- by elementary school pupils. heavily influenced the evolution of the ple no longer have to fear for their With its Builders Club Greenville has one international collection of missile and basic security and rights. of the largest service learning projects in the rocketry that exists at the Army’s pre- Mr. President, last fall, I, along with state. Unlike a lot of extra curricular activi- ties that require top grades or special skills, mier technical library, the Redstone many of my colleagues here, agonized the Builders Club is open to all middle Scientific Information Center. over sending troops to Haiti. We want- school students willing to work on different Mr. President, it is my pleasure to ed to help them escape from the hell projects during breaks and at lunch, as well congratulate Nancy Stilson on her re- that Raoul Cedras and his cronies had as after school. tirement and to thank her for many created for them. After all, if we would Greenville students have 10 ongoing years of dedication and service to the not defend human rights right next projects, including frequent visits to nursing men and women of the U.S. Army. door, where would we defend them? But homes and development of a 5-acre nature it was not clear what would happen, trail. The goal is to teach students about f and we all appreciated that there were leadership, loyalty, character and service, HAITI ‘‘which is what they absolutely have to have risks. in order to be productive citizens,’’ says Mr. LEAHY. Mr. President, I want to Last Thursday, we received a jolting Judy Manning community education coordi- report today on a visit I made to Haiti confirmation of the risk. We learned of nator for Butler County Schools, who spear- 2 weeks ago. It was a very brief visit, the death of Sfc. Gregory Cardott. I headed the group. but I came away from it profoundly want to salute Sergeant Cardott. He ‘‘Children who are involved are more pro- moved. died in the finest tradition of the men ductive academically,’’ says superintendent I saw people, lots of people. Haiti, and women of our Armed Forces, doing Jimmie Lawrence. ‘‘The more involved kids are, the better they feel about themselves. one of our closest neighbors, is crowded his duty, serving his country, contrib- Self-esteem improves. They are better ad- to bursting with people. It has the uting to making the world a better justed, happier and have fewer disciplinary highest population density in the West- place for all of us to live. I want to ex- problems.’’ ern Hemisphere. press deep condolences and respect to S 1022 CONGRESSIONAL RECORD — SENATE January 18, 1995 his wife Darlene and their two daugh- international security presence until security and thus hope to the Haitian ters, Elise and Erica. they can field a reliable, reformed po- people, and we would be doing Sergeant At the same time that we mourn Ser- lice force of their own. Virtually every- Cardott and the other troops who geant Cardott, however, Mr. President, one, both Haitian and American, with risked their lives in that effort an I believe we need to honor his memory whom I spoke in Haiti expressed fear enormous disservice to terminate our by recognizing that he died in a good that withdrawal of that presence before effort now. Participation in UNMIH is cause. We are doing good in Haiti. We the Haitian Government has had time a good way to maintain the effort are improving people’s lives. to train its police force would result in while reducing the cost. Everyone I spoke to in Haiti con- reassertion of control by the antidemo- Second, we cannot solve all of Haiti’s firmed it: cratic elements. President Aristide problems, but there are some that can President Aristide asked me specifi- asked me to convey to my fellow Sen- only be solved with United States lead- cally to convey to you and my other ators his appeal that the U.S. Congress ership. Specifically, only we can lead a fellow Senators the gratitude of the not require such a withdrawal. U.N. effort to maintain security in Haitian people for the American inter- In addition to security, Mr. Presi- Haiti until the Haitian Government vention. dent, I am deeply concerned about the fields a retrained police force of its A Vermont soldier told me ‘‘I’m state of the Haitian judicial system. It own. We must also lead the effort to proud of what we are doing in Haiti. does no good to arrest those suspected train that new police force. Finally, we These people were desperate and we of crimes if you do not have judges and have given them hope.’’ prosecutors to try them, courts in must lead the effort to create a judicial Most eloquent of all, in Cite Soleil, I which to try them, and jails in which system capable of defending democracy saw a little boy, barefoot and in rags, to put them if they are convicted. Haiti and human rights in Haiti. pick up a shiny Swiss Army knife that at the moment has none of these. Peo- Third, we must make clear to the Ray Kelly, the American chief of the ple have to be trained. Facilities have Haitians and our partners in the assist- International Police Monitors, had to be built and equipped. I am pleased ance effort that United States partici- dropped. I expected him to run away that USAID is in the process of launch- pation is going to decline rapidly over with it. What did he do? He started ing a comprehensive effort to fill these time and that the Haitians must equip shouting and running around among gaps. We are hoping that the Canadians themselves as quickly as possible to the policemen searching for the one and the French and other donors will take responsibility for their own af- who had dropped it, and returned it to also join in. I also hope that President fairs. Ray. What a wonderful affirmation of Aristide and his government will take In conclusion, Mr. President, I want the goodwill that our troops are earn- all steps necessary to ensure that this once again to salute the men and ing for the United States in Haiti. vital effort yield results rapidly. women of our Armed Forces serving in And, Mr. President, I believe that our At the same time that I support as- Haiti. They are doing a great job for intervention in Haiti has the potential sistance to Haiti, however, Mr. Presi- their country. In Haiti 2 weeks ago, to yield dividends elsewhere as well. By dent, I believe we also need to set real- thanks to them, I felt very proud to be reinstalling a democratically elected istic limits on that aid. We need to an American. President, Haiti has moved us one step forewarn the Haitians and our partners closer to a goal that we just recently in the international donor community f have come very close to achieving: a that we will not put American troops Western Hemisphere that is fully at risk for very long, that our pockets ROGER MORIGI democratic. Unfortunately, though, de- are shrinking, not expanding, and that MR. THURMOND. Mr. President per- mocracy remains fragile in a number of there is much that Haiti needs that we haps once in a generation, one person our Latin American neighbors. Many will not be able to do. I disagree will emerge as a master artisan, a per- people throughout Latin America, both strongly with those of my colleagues son whose vision, skills, and creations advocates of democracy and its en- who have suggested that Haiti is a not only inspire others, but set that emies, are watching Haiti for signals as hopeless cause and that trying to help artist apart from all others practicing to the resolve of the United States and it at all is a waste of money and time. the craft. Until this past Wednesday, our partners in the Organization of We can make a difference and we are we were fortunate to have such a per- American States. By defending democ- making a difference, and I believe we son, Mr. Roger Morigi, living in the racy in Haiti, I believe that the United would be representing the American Metropolitan area. His many sculp- States and its international partners people poorly if we suspended that ef- tures and carvings not only paid hom- are reinforcing democracy throughout fort now and gave up the progress that age to the United States, but have been the hemisphere. we have made. But we do need to seen and enjoyed by literally millions Mr. President, we have the makings prioritize. We cannot do it all. of people. of a success here, but the job is not Mr. President, the United States will Mr. Morigi was a part of what is lit- done. Haiti has a long way to go yet to in the course of the next 3 months hand erally a vanishing breed of artists— entrench the rule of law, ensure respect over responsibility for maintaining se- for democracy and human rights, and curity in Haiti to the U.N. Mission in stone carvers, individuals who create embark on sustainable economic devel- Haiti [UNMIH]. Consistent with our monuments to people and ideas opment. leadership role, an American will com- through the medium of rock. Not sur- The security situation, while quite mand UNMIH and the United States prisingly, Mr. Morigi was a native of good compared to what we had feared will provide half of its troops, but the Italy, the home of some of history’s at the outset, remains tenuous. Many United Nations will fund it. This will greatest artists, and a country where of the perpetrators of repression re- reduce substantially the ongoing risk sculpting has always been an appre- main free, not only because identifica- and cost of the Haiti effort to the Unit- ciated and valued art form. Born in tion and apprehension is not always ed States and its troops. In addition, Como and schooled in Milan, Mr. easy but also because Haiti’s judicial the administration assures me that Morigi emigrated to New Haven, CT, system is in such a shambles that it is they are working closely with the Hai- where he and his father practiced their not capable of trying those accused of tian Government to ensure that train- craft. crimes. Particularly in the more re- ing of the new Haitian police force will In the following years, Mr. Morigi be- mote towns and villages of the country proceed rapidly so that UNMIH itself came an accomplished artist as he where the multinational force is unable can be terminated. This will eliminate worked on projects in New Haven, New to maintain a constant presence, some the largest element in the Haiti assist- York City, New York State, North of the old repressive elements continue ance program. Carolina, Ohio, Pennsylvania, Michi- to wield influence. Mr. President, let me summarize the gan, West Virginia, and South Caro- Since the multinational force is not conclusions that I have drawn from my lina. It was right here though, in the large enough to eliminate this threat trip to Haiti. There are three: District of Columbia, where Mr. Morigi completely, the Haitians are placing a First, the American intervention in spent most of his adult life and where high priority on continuation of the Haiti has been successful in providing his works are most prevalent. The U.S. January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1023 Supreme Court Building, the U.S. Dis- ness before the committee, the regular meet- ment and provide notice to members of the trict Court Building, the Commerce ing shall be omitted. date, place, time, and subject matter of the Building, the Department of Justice (b) Additional meetings: The chairman hearing. The announcement and notice shall Building, and the Department of Agri- may call additional meetings, after consult- be issued at least one week in advance of the ing with the ranking minority member. Sub- hearing, unless the chairman of the commit- culture Building are just a few of the committee chairmen may call meetings, tee or subcommittee, with the concurrence places where Morigi’s works appear. with the concurrence of the chairman of the of the ranking minority member of the com- Perhaps some of Mr. Morigi’s most im- committee, after consulting with the rank- mittee or subcommittee, determines that pressive work is a part of the ornately ing minority members of the subcommittee there is good cause to provide a shorter pe- decorated National Cathedral, where he and the committee. riod, in which event the announcement and worked and created stone carvings for (c) Presiding officer: notice shall be issued at least twenty-four almost three decades. One of the most (1) The chairman shall preside at all meet- hours in advance of the hearing. ings of the committee. If the chairman is not prominent carvings, that of Adam, is a (b) STATEMENTS OF WITNESSES: present, the ranking majority member who (1) A witness who is scheduled to testify at part of the cathedral’s main entrance is present shall preside. a hearing of the committee or a subcommit- and Morigi said of that work, according (2) Subcommittee chairmen shall preside tee shall file 100 copies of the written testi- to the Washington Post, ‘‘I finished at all meetings of their subcommittees. If mony at least 48 hours before the hearing. If where God began.’’ the subcommittee chairman is not present, a witness fails to comply with this require- With each project he completed, not the Ranking Majority Member of the sub- ment, the presiding officer may preclude the only did Mr. Morigi create a piece of committee who is present shall preside. witness’s testimony. This rule may be (3) Notwithstanding the rule prescribed by waived for field hearings, except for wit- artwork, he improved his skills and paragraphs (1) and (2), any member of the knowledge, which helped him to earn nesses from the Federal Government. committee may preside at a hearing. (2) The presiding officer at a hearing may the title of ‘‘master stone carver emer- (d) Open meetings: Meetings of the com- have a witness confine the oral presentation itus’’ and to be characterized by some mittee and subcommittees, including hear- to a summary of the written testimony. ings and business meetings, are open to the as the ‘‘greatest carver of the 20th Cen- RULE 4. BUSINESS MEETINGS: NOTICE AND public. A portion of a meeting may be closed tury’’. Perhaps more importantly, he FILING REQUIREMENTS used his talents to craft pieces that to the public if the committee determines by rollcall vote of a majority of the members (a) NOTICE: The chairman of the commit- beautified and paid a lasting tribute to present that the matters to be discussed or tee or the subcommittee shall provide no- his adopted homeland, the United the testimony to be taken— tice, the agenda of business to be discussed, States. While this great artist will be (1) will disclose matters necessary to be and the text of agenda items to members of missed, his creations will ensure that kept secret in the interests of national de- the committee or subcommittee at least 72 he is never forgotten. My sympathies fense or the confidential conduct of the for- hours before a business meeting. go out to Mr. Morigi’s wife, Louise; and eign relations of the United States; (b) AMENDMENTS: First-degree amend- children, Francis and Elayne. (2) relate solely to matters of committee ments must be filed with the chairman of the staff personnel or internal staff management committee or the subcommittee at least 24 f or procedure; or hours before a business meeting. After the (3) constitute any other grounds for clo- filing deadline, the chairman shall promptly WAS CONGRESS IRRESPONSIBLE? sure under paragraph 5(b) of Senate Rule distribute all filed amendments to the mem- THE VOTERS SAID YES XXVI bers of the committee or subcommittee. (e) Broadcasting: (c) MODIFICATIONS: The chairman of the Mr. HELMS. Mr. President, before committee or the subcommittee may modify contemplating today’s bad news about (1) Public meetings of the committee or a subcommittee may be televised, broadcast, the notice and filing requirements to meet the Federal debt, let’s do that little or recorded by a member of the Senate press special circumstances, with the concurrence pop quiz again: How many million dol- gallery or an employee of the Senate. of the ranking member of the committee or lars are in a trillion dollars? (When you (2) Any member of the Senate Press Gal- subcommittee. arrive at an answer, remember that it lery or employee of the Senate wishing to RULE 5. BUSINESS MEETINGS: VOTING was Congress that ran up a debt ex- televise, broadcast, or record a committee (a) PROXY VOTING: ceeding $4.8 trillion. meeting must notify the staff director or the (1) Proxy voting is allowed on all meas- To be exact, as of the close of busi- staff director’s designee by 5:00 p.m. the day ures, amendments, resolutions, or other mat- ness yesterday, Tuesday, January 17, before the meeting. ters before the committee or a subcommit- (3) During public meetings, any person tee. the Federal debt (down to the penny) using a camera, microphone, or other elec- at $4,802,867,735,976.01—remaining that (2) A member who is unable to attend a tronic equipment may not position or use business meeting may submit a proxy vote every man, woman, and child in Amer- the equipment in a way that interferes with on any matter, in writing, orally, or through ica now owes $18,231.09 computed on a the seating, vision, or hearing of committee personal instructions. per capita basis. members or staff on the dais, or with the or- (3) A proxy given in writing is valid until Mr. President, to answer the pop quiz derly process of the meeting. revoked. A proxy given orally or by personal question (how many million in a tril- RULE 2. QUORUMS instructions is valid only on the day given. lion?) there are a million million in a (a) BUSINESS MEETINGS: At committee (b) SUBSEQUENT VOTING: Members who trillion, and you can thank the U.S. business meetings, six members, at least two were not present at a business meeting and Congress for the present Federal debt of whom are members of the minority party, were unable to cast their votes by proxy may constitute a quorum, except as provided in record their votes later, so long as they do so of $41⁄2 trillion. subsection (d). that same business day and their vote does f (b) SUBCOMMITTEE MEETINGS: At sub- not change the outcome. committee business meetings, a majority of (c) PUBLIC ANNOUNCEMENT: REVISED RULES OF PROCEDURE the subcommittee members, at least one of (1) Whenever the committee conducts a MR. CHAFEE. Mr. President, the En- whom is a member of the minority party, rollcall vote, the chairman shall announce the results of the vote, including a tabula- vironment and Public Works Commit- constitutes a quorum for conducting busi- ness. tion of the votes cast in favor and the votes tee has adopted an amendment that re- (c) CONTINUING QUORUM: Once a cast against the proposition by each member vises the committee’s rules of proce- quorum as prescribed in subsections (a) and of the committee. dure. I ask unanimous consent that a (b) has been established, the committee or (2) Whenever, the committee reports any copy of the revised rules be printed in subcommittee may continue to conduct busi- measure or matter by rollcall vote, the re- the RECORD. ness. port shall include a tabulation of the votes There being no objection, the rules (d) REPORTING: No measure or matter cast in favor of and the votes cast in opposi- were ordered to be printed in the may be reported by the committee unless a tion to the measure or matter by each mem- majority of committee members cast votes ber of the committee. RECORD, as follows: in person. RULE 6. SUBCOMMITTEES RULES OF PROCEDURE (e) HEARINGS: One member constitutes a (a) REGULARLY ESTABLISHED SUB- RULE 1. COMMITTEE MEETINGS IN GENERAL quorum for conducting a hearing. COMMITTEES: The committee has four sub- (a) Regular meeting days: For purposes of RULE 3. HEARINGS committees: Transportation and Infrastruc- complying with paragraph 3 of Senate Rule (a) ANNOUNCEMENTS: Before the com- ture; Clean Air, Wetlands, Private Property XXVI, the regular meeting day of the com- mittee or a subcommittee holds a hearing, and Nuclear Safety; Superfund, Waste Con- mittee is the first and third Thursday of the chairman of the committee or sub- trol and Risk Assessment; and Drinking each month at 10:00 A.M. If there is no busi- committee shall make a public announce- Water, Fisheries and Wildlife. S 1024 CONGRESSIONAL RECORD — SENATE January 18, 1995 (b) MEMBERSHIP: The committee chair- CONCLUSION OF MORNING Local Government and Taxation Com- man shall select members of the subcommit- BUSINESS mittee will hold it’s first hearing on tees, after consulting with the ranking mi- Senate bill 1003, Idaho’s Community nority member. The PRESIDING OFFICER (Mr. BEN- NETT). The time for morning business Regulatory Relief Act introduced by RULE 7. STATUTORY RESPONSIBILITIES AND has expired. State Senator Rod Beck. OTHER MATTERS f Governor Batt and Senator Beck (a) ENVIRONMENTAL IMPACT STATE- should be applauded for recognizing MENTS: No project or legislation proposed UNFUNDED MANDATE REFORM that we not only must improve the by any executive branch agency may be ap- ACT partnership between Federal and State proved or otherwise acted upon unless the The PRESIDING OFFICER. The governments, but also between State committee has received a final environ- clerk will report the pending business. and local governments. mental impact statement relative to it, in The legislative clerk read as follows: Mr. President, I would also add that accordance with section 102(2)(C) of the Na- this morning, the Idaho State Senate tional Environmental Policy Act, and the A bill (S. 1) to curb the practice of impos- ing unfunded Federal mandates on States passed a joint memorial—Senate Joint written comments of the Administrator of and local governments; to strengthen the Memorial No. 102—similar to resolu- the Environmental Protection Agency, in ac- partnership between the Federal Govern- tions and memorials passed by several cordance with section 309 of the Clean Air ment and State, local and tribal govern- other States which calls on the Federal Act. This rule is not intended to broaden, ments; to end the imposition, in the absence Government to observe the 10th narrow, or otherwise modify the class of of full consideration by Congress, of Federal projects or legislative proposals for which amendment to the Constitution and to mandates on State, local, and tribal govern- ended mandates that are beyond the environmental impact statements are re- ments without adequate funding, in a man- quired under section 102(2)(C). ner that may displace other essential gov- scope of its constitutionally delegated (b) PROJECT APPROVALS ernmental priorities; and to ensure that the powers. Our distinguished majority (1) Whenever the committee authorizes a Federal Government pays the costs incurred leader, Senator DOLE, has pledged to project under Public Law 89–298, the Rivers by those governments in complying with cer- help this body remember the 10th and Harbors Act of 1965; Public Law 83–566, tain requirements under Federal statutes amendment, and each week the Senate the Watershed Protection and Flood Preven- and regulations, and for other purposes. is in session he will insert the 10th tion Act; or Public Law 86–249, the Public The Senate resumed consideration of amendment into the CONGRESSIONAL Buildings Act of 1959, as amended; the chair- the bill. RECORD. man shall submit for printing in the Con- Pending: Again, Mr. President, our efforts here gressional Record, and the committee shall Committee amendment No. 11, beginning in Congress to own up to our respon- publish periodically as a committee print, a on page 25, line 11, pertaining to committee sibilities and to stop shifting our bur- report that describes the project and the rea- jurisdiction. sons for its approval, together with any dis- dens onto States and local government senting or individual views. The PRESIDING OFFICER. We now are not going unnoticed. I’m proud to (2) Proponents of a committee resolution return to the pending question, which be a part of this great movement to re- shall submit appropriate evidence in favor of is the committee amendment on page store trust in this institution, to en- the resolution. 25, line 11. hance our partnership with States and (c) BUILDING PROSPECTUSES Who seeks recognition? local governments, and to see the (1) When the General Services Administra- Mr. KEMPTHORNE addressed the States establishing similar partner- tion submits a prospectus, pursuant to sec- Chair. ships with cities and counties. tion 7(a) of the Public Buildings Act of 1959, The PRESIDING OFFICER. The Sen- Mr. President, I ask unanimous con- as amended, for construction (including con- ator from Idaho. sent that following my suggestion that struction of buildings for lease by the gov- Mr. KEMPTHORNE. Mr. President, there is an absence of a quorum, I will ernment), alteration and repair, or acquisi- for the past week, the U.S. Senate has retain the floor so that we can proceed. tion, the committee shall act with respect to renewed debate on the issue of un- Mrs. BOXER. Mr. President, par- the prospectus during the same session in funded Federal mandates. Senate bill 1, liamentary inquiry. which the prospectus is submitted. A pro- spectus rejected by majority vote of the which curbs unfunded Federal man- The PRESIDING OFFICER. Is the committee or not reported to the Senate dates, is a fundamental change in the Senator suggesting the absence of a during the session in which it was submitted way we do business in the Congress and quorum? shall be returned to the GSA and must then it is a fundamental change in our rela- Mr. KEMPTHORNE. Mr. President, be resubmitted in order to be considered by tionship with State and local govern- yes. the committee during the next session of the ments. The PRESIDING OFFICER. The Congress. As I mentioned when I introduced clerk will call the roll. (2) A report of a building project survey S.1, Congress has gotten away from the Mrs. BOXER. Mr. President, may I submitted by the General Services Adminis- fundamentals as envisioned by our make a parliamentary inquiry before tration to the committee under section 11(b) Founding Fathers. We shouldn’t be the quorum? of the Public Buildings Act of 1959, as here to dictate to the States. We are to The PRESIDING OFFICER. Does the amended, may not be considered by the com- be here on behalf of our States—rep- Senator from Idaho withhold his sug- mittee as being a prospectus subject to ap- resenting and protecting the interests gestion of the absence of a quorum so proval by committee resolution in accord- of each sovereign State. that the Senator from California may ance with section 7(a) of that Act. A project described in the report may be considered for Mr. President, each of the States, make a parliamentary inquiry? committee action only if it is submitted as a and more than 87,000 other municipali- Mr. KEMPTHORNE. Yes, I would prospectus in accordance with section 7(a) ties are anxiously and carefully follow- withhold. and is subject to the provisions of paragraph ing this debate on unfunded mandates The PRESIDING OFFICER. The Sen- (1) of this rule. and more importantly, the 10th amend- ator from California. (d) NAMING PUBLIC FACILITIES: The ment, as it unfolds here on the floor of Mrs. BOXER. Mr. President, I would committee may not name a building, struc- the Senate. just like to know exactly where we are ture or facility for any living person, except But they’re not just watching the de- because I was intending to offer a sec- former Presidents or former Vice Presidents bate; they are following our lead. In ond-degree amendment to one of the of the United States, former Members of my home State of Idaho, the State leg- committee amendments. I wanted to Congress over 70 years of age, or former Jus- islature is ready to address the issue of make sure that would still be in order tices of the United States Supreme Court unfunded State mandates. Our new at this point. over 70 years of age. Governor, Phil Batt, pledged to stem The PRESIDING OFFICER. The Sen- RULE 8. AMENDING THE RULES the flow of unfunded mandates from ator from Idaho has the floor. Amend- The rules may be added to, modified, the State onto Idaho’s cities and coun- ments to the committee amendment amended, or suspended by vote of a majority ties. are in order. of committee members at a business meeting Legislation has now been introduced The Senator from Idaho. if a quorum is present. to do just that, and this afternoon, Mr. Mr. KEMPTHORNE. Mr. President, I President, the Idaho State Senate’s thank the Chair. January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1025 Mr. President, now that we have both trust exemption for revenue sharing, a sense that the Congress and the Sen- managers on this bill, I would like to and participated more than a decade ate should not get involved in a pend- proceed and lay out what course of ac- ago, in 1982, in extensive hearings when ing labor dispute. The issue in Pitts- tion we would like to follow. What I the Los Angeles Raiders, then the Oak- burgh is especially touchy at the will be doing is seeking a unanimous- land Raiders, were proposing a move. present time because the Pittsburgh consent agreement so that the pending And those hearings were very impor- Pirates are up for sale, and the Pirates amendment before us can be laid aside. tant and raised some of the same con- have been kept in Pittsburgh by a con- The reason that I will make that re- siderations which are now pending on sortium of hometown business people quest is because a motion to table that the baseball strike. who have bought the Pirates, to keep it last night was not successful. During As we have moved forward in the in Pittsburgh. That is a difficult mat- the hours since then, different con- consideration of the complex issues on ter because the Pirates are losing so cerned Senators have been discussing the antitrust exemption, my view has much money, which is a source of the what sort of modifications might be been to retain the exemption as it im- controversy today which has led to the made to that amendment language. pacts on the Pirates, which are a major strike. The Pirates have had a prospec- Since there has been no agreement at factor in Pittsburgh, and a major con- tive buyer, John Rigas, of Coudersport, this time, it will be my request that we stituent interest of mine. If we elimi- PA. I have been trying to be helpful in lay that aside so we can then take up nate the antitrust exemption, we will meeting with officials of the Pitts- the next pending committee amend- have bedlam with respect to franchise burgh Pirates to see if that sale could ment which would be before us. We changes. I notice my colleague Senator be effectuated. That sale is going to be would dispense with that committee GORTON nodding in agreement because held up because of the uncertainty of amendment so that we can keep mov- of the impact on the Seattle baseball what is going to happen in the strike ing. So that is going to be my intent. team. and to the antitrust exemption. Again, as I just confer with the other One thing is certain, Mr. President, Obviously, I speak as only one Sen- manager, I would again suggest the ab- and that is that it is highly unlikely, I ator, one member of the Judiciary sence of a quorum. am almost certain, that Congress is Committee. I think that given the The PRESIDING OFFICER. The ab- going to act with any speed, and I complexity of the Judiciary Committee sence of a quorum has been suggested. think that Congress should not act, calendar, and given the complexity of The clerk will call the roll. should not get involved in the midst of the Senate calendar, and the complex- The legislative clerk proceeded to a labor dispute, where there are very, ity of the House calendar, it is as close call the roll. very serious issues, to try to affect the to a certainty as anything can be that Mr. KEMPTHORNE. Mr. President, I outcome of that labor dispute. At the there is not going to be legislation ask unanimous consent that the order present time, the Judiciary Committee coming out of the Congress between for the quorum call be rescinded. is totally involved in the consideration now and April on the antitrust exemp- The PRESIDING OFFICER. Without of the constitutional amendment for a tion. There are too many things ahead objection, it is so ordered. balanced budget. And on the Senate of it. If it did come to the floor, I think f floor we are involved in very complex many would agree with my position legislation on taking away mandates ORDER OF PROCEDURE that the Congress ought not to inter- by the Federal Government which are vene to try to alter—ought not to Mr. KEMPTHORNE. Mr. President, I not paid for. There is a very, very change the level playing field. That is ask unanimous consent that the Sen- heavy agenda on economic issues, an expression we use very frequently ator from Pennsylvania be allowed to budget issues, trying to reduce the size about our debates on many subjects, make remarks as though in morning of Government, trying to reduce spend- but it is certainly applicable not to business for approximately 10 minutes, ing, and the consideration of tax cuts, change the level playing field when we and that following his comments I re- so that far behind on the back burner talk to the baseball effort. serve the right to the floor. is this issue of changing the antitrust What the Phillies’ president has had The PRESIDING OFFICER. Is there exemption. to say on one end of my State, and objection? Without objection, it is so My comments this morning are what is happening with the Pirates at ordered. prompted, in part, by this banner head- the other end of my State, trying to The Senator from Pennsylvania is line in the Philadelphia Inquirer this sell the team to keep it in Pittsburgh, recognized for 10 minutes. morning: ‘‘Phillies President Blasts I hope that the parties will go back to Mr. SPECTER. Mr. President, I Union, Hinting at Player Defections.’’ the bargaining table and will settle the thank the Chair. I thank my colleague Bill Giles is president of the Phila- dispute so that we can have baseball from Idaho. delphia Phillies, and he is a very, very this spring, and not to look to the Con- f mild-mannered man. I cannot remem- gress to try to intervene, which is not ber a headline on Bill Giles speaking THE BASEBALL STRIKE our place and is so highly unlikely on out in such emphatic terms. What he is the current state of the record. I thank Mr. SPECTER. Mr. President, I have saying bears directly on my comments, the Chair. sought recognition while there is a lull where he makes the statement that I yield the floor. in the action on the pending legislation ‘‘The union has spent most of their en- I suggest the absence of a quorum. to talk for a few minutes about the ergy in Washington trying to do away The PRESIDING OFFICER. The pending issues before the Judiciary with our antitrust exemption instead clerk will call the roll. Committee on possible legislation re- of negotiating and trying to grow the The legislative clerk proceeded to garding the antitrust exception which game.’’ call the roll. might have an impact on the current I have been in frequent contact with Mr. GORTON. Mr. President, I ask baseball strike. Mr. Don Fehr, head of the union, ask- unanimous consent that the order for I believe that it is highly unlikely— ing him what help I could be or what the quorum call be rescinded. virtually impossible—for the Congress help the Senate could be in a construc- The PRESIDING OFFICER. Without of the United States to act on an anti- tive way in trying to bring the strike objection, it is so ordered. trust exemption to have any meaning- to a close. I first made that contact ful impact on the pending strike and, with Mr. Fehr last summer before the f therefore, urge in the strongest pos- strike started on August 12. And at the sible terms that both parties return to same time period, I talked to the act- UNFUNDED MANDATE REFORM the negotiating table to work in a col- ing commissioner, Bud Selig, and the ACT lective bargaining sense to end the officials of both the Philadelphia Phil- strike and bring baseball to the playing lies and Pittsburgh Pirates, my two AMENDMENT NO. 31 field this spring. home State teams, to see what help we (Purpose: To prevent the adoption of certain I have had long reservations about could be. The antitrust exemption national history standards) the antitrust exemption as it applies to came up briefly last fall on the Judici- Mr. GORTON. Mr. President, I have baseball, as it applies to other major ary Committee calendar, and it was an amendment at the desk and I ask sports, like football, which has an anti- voted down, I think, largely because of that it be read. S 1026 CONGRESSIONAL RECORD — SENATE January 18, 1995 The PRESIDING OFFICER. The My amendment will stop this set of memory,’’ then we are indeed, as Wil- clerk will report the amendment. standards from becoming a guide for liam Bennett’s 1981 national literacy The legislative clerk read as follows: teaching history in America’s class- report evidenced, ‘‘A Nation at Risk.’’ The Senator from Washington [Mr. GOR- rooms. In order to stop this perverted (II) WE DIDN’T GET WHAT WE PAID FOR TON] proposes an amendment numbered 31. idea in its tracks, and to ensure that it At the end of the language proposed to be does not become, de facto, a guide for In 1992, when UCLA’s National Center stricken by the amendment, add the follow- our Nation’s classrooms, it must be for History in the Schools won the bid ing: publicly and officially repudiated by to produce national guidelines for SEC. . NATIONAL HISTORY STANDARDS. this Congress. American and World history curricula, (a) IN GENERAL.—Notwithstanding any That is precisely what this amend- they were given three basic tasks: other provision of law, the National Edu- ment seeks to do. First, to develop guidelines by which cation Goals Panel shall disapprove, and the These standards are ideology to determine the most important his- National Education Standards and Improve- ment Council shall not certify, any vol- masquerading as history. These stand- torical material for students to learn; untary national content standards, vol- ards would have us reinvent America’s Second, to develop a balanced and ob- untary national student performance stand- history. They are terribly damaging, jective document; and ards, or criteria for the certification of such and they constitute a gross distortion Third, to develop a consensus process content and student performance standards, of the American story from its concep- that would consider many perspectives on the subject of world and United States tual foundations to the present. from many different sources. history, developed prior to the date of enact- America’s story is both triumph and After 2 years and more than $2 mil- ment of this Act. tragedy, but mostly triumph, of flawed (b) PROHIBITION.—No Federal funds shall be lion of the American taxpayers’ money, awarded to, or expended by, the National yet unprecedented accomplishment. the history project has failed to reach Center for History in the Schools, after the But in this teachers’ and textbook any of these goals. manual it becomes a sordid tale date of enactment of this Act, for the devel- Let members examine a sample of opment of voluntary national content stand- ‘‘drenched in dark skepticism,’’ as a some of the outrageous examples found ards, voluntary national student perform- Wall Street Journal editorial put it, ance standards, or criteria for the certifi- emphasizing what is negative in Ameri- on almost every page of these docu- cation of such content and student perform- ca’s past, while celebrating only politi- ments. As we look at this material, we ance standards, on the subject of such his- cally correct culture and causes. should keep in mind that President tory. (I) THE STANDARD PROJECT’S INITIAL CHARTER Bush and all the Nation’s Governors, at (c) SENSE OF THE SENATE.—It is the sense the national educational summit in of the Senate that— The history standards project began (1) voluntary national content standards, as a response to the alarming illiteracy Charlottesville, VA, in 1989, rec- voluntary national student performance of our Nation’s children about their ommended the development of national standards, and criteria for the certification own, national history. Citizens of a standards based upon what was most of such content and student performance pluralistic, democratic society must worth knowing. standards, on the subject of world and Unit- ed States history, established under title II have a deep, historically based under- (III) THESE PROPOSED STANDARDS DO NOT CON- of the Goals 2000: Educate America Act standing of our liberties’ origins and CENTRATE ON WHAT IS MOST WORTH KNOWING should not be based on standards developed institutions, and appreciate the cor- Examples: by the National Center for History in the responding responsibilities essential First, George Washington makes Schools; and for our survival as a nation, as a peo- only a fleeting appearance in the (2) if the Department of Education, the Na- ple. standards. He is never described as our tional Endowment for the Humanities, or Such an appreciation is dependent on any other Federal agency provides funds for a mastery of basic American history. first President. the development of the standards and cri- Second, the Constitution: The Con- teria described in paragraph (1), the recipi- The founding truths of this country may have been self-evident to the stitution is not mentioned in the 31 ent of such funds should have a decent re- core standards, although the standards spect for the contributions of western civili- Founders, but as studies have dem- zation, and United States history, ideas, and onstrated again and again, they are not mention the Depression three times. institutions, to the increase of freedom and genetically transmitted. Third, central figures and events in prosperity around the world. William Bennett in his book, ‘‘The American political, cultural, and sci- Mr. GORTON addressed the Chair. De-Valuing of America,’’ underscores entific life are either barely noted—in The PRESIDING OFFICER. The Sen- the urgency of our problem in his call a 300 page book—or they simply dis- ator from Washington. for ‘‘true reliable national standards.’’ appear from the story of America’s Mr. GORTON. Mr. President, what is He cites the Finn/Ravitch study ‘‘What past. Important historical issues, such a more important part of our Nation’s Do Our Children Know?’’ that revealed as the development of the role of Con- history for our children to study— 43 percent of our high school seniors gress in our Federal Government are George Washington or Bart Simpson? could not place World War I between not discussed. Under these standards, Is it more important that they learn 1900 and 1950. More than two-thirds of Paul Revere and his midnight ride will about Roseanne Arnold, or how Amer- them did not know even the half-cen- never capture the imagination of our ica defeated communism as the leader tury in which the Civil War took place. children. Ben Franklin’s discovery of of the free world? And more than 75 percent were unable electricity will not encourage young According to this document—the re- to place within 20 years when Abraham scientists to seek out their own discov- cently published ‘‘National Standards Lincoln was President. eries that can change the world. One-third of all high school students for United States History’’—the an- Fourth, significant historical figures tested in 1986 did not know that the swers are not what Americans would pivotal to America’s past, such as Dan- expect. With this set of standards, our Declaration of Independence marked iel Webster and Robert E. Lee, vanish. students will not be expected to know the American colonists’ break from Titans who exemplify scientific George Washington from the man in England. Sixty percent did not know the Moon. According to this set of that the Federalist Papers was written progress in American history are also standards, America’s democracy rests to urge ratification of the Constitu- omitted from the standards. With these on the same moral footing as the So- tion, and 40 percent could not say even standards in place, our children will viet Union’s totalitarian dictatorship. approximately when the Constitution not learn of Thomas Edison, Alexander Mr. President, this set of standards was written and ratified. Only three Graham Bell, the Wright brothers, or must be stopped, abolished, repudiated, students in five were able to recognize Albert Einstein. Americans who repealed. It must be recalled like a a definition of the system of checks changed the entire world for the better shipload of badly contaminated food. and balances that divides power among will cease to exist. Today, before our children are asked to the three branches of our Federal Gov- As Robert Park of the American spend their evenings studying Bart ernment. Physical Society has noted, the only Simpson instead of Benjamin Frank- If, as Lincoln believed, the liberty reference to science in the standards is lin’s discovery of electricity, these and prosperity of a nation such as ours as an activity from which women have standards must be abolished. is dependent on the ‘‘mystic chords of been excluded. Nothing else about the January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1027 history of science is apparently worth tories of different groups based on race, matter of indifference to these stand- mentioning. ethnicity, gender, and class, at the ex- ard netters. While the standards ignore people pense of what is most important for And yet there are 19 references to such as Webster, deemphasize George students to know—the building of a na- McCarthyism, is though this regret- Washington and the founding of Amer- tion, of ‘‘a people’’, and the constitu- table but relatively short episode in ica, ignore our political heritage, and tional development of the American our story is the central reality of the abandon our accomplishments in tech- Republic, still the envy and the proto- cold war. This is outrageous ideological nology—there is no shortage of type for emerging democracies around distortion, rendering the victory of the celebratory information of the politi- the world. free world under U.S. leadership essen- cally correct inclusive variety. (V) POLITICALLY CORRECT DRIVEL tially irrelevant. Thus, American students in the The standards suggest that students The standards describe the nature of standards are asked to ‘‘assess the sur- ‘‘analyze Pontiac’s speech to the this sacrifice in the way: vival strategies and construct histori- French on the reasons for making war The swordplay of the Soviet Union and the cal assessments of people such as Pru- in 1763, and compare his reasons with United States rightfully claims attention be- dence Crandall, Prince Hall, and those of Opechancanough in 1622 and cause it led to the Korean and Vietnam wars Speckled Snake.’’ They are asked to Metacomet (King Philip) in 1676. No as well as the Berlin Airlift, Cuban Missile ‘‘analyze the reflection of values in doubt an interesting question for a Crisis, American interventions in many popular TV shows’’ such as Roseanne graduate seminar, but is that some- parts of the world (no mention of Soviet and the Simpsons. thing every child in America should staged revolutions and mass murders in its Where are the priorities in the stand- learn? client states, or of any ‘‘intervention’’ at all). ards? Mr. President, Americans not yet fa- Given the limited amount of time our miliar with this monument to political What would all those desperate pris- kids have to master the basics of their correctness will be astonished to learn oners still locked within Castro’s po- Nation’s history, are these information that at the same time that the stand- lice state say about this equating of fragments more important than George ard focus on such arcane issues, they American and Soviet ends in the great Washington and the Constitutional fail to discuss what are perhaps the battle of our century? Convention? most important documents in Amer- The standards actually refer to ‘‘the (IV) PREEMPTIVE STRIKE AT CRITICS BACK HOME ican constitutional history. U.S.S.R.’s desire for security in East- Do not misunderstand me. I certainly America’s constitutional achieve- ern Europe’’ as something normal and believe it is important to tell the whole ment: The Federalist papers, Nos. 10 of understandable national interest. story of America. Our history should and 51, which explain why checks and Tell that to the Balts, Czechs, Poles, be inclusive. It should study previously balances are crucial to our liberties, and Hungarians, Rumanians, and oth- neglected groups and individuals who are omitted altogether. Madison, Ham- ers. made real contributions to our com- ilton, Jay are never identified as the American immigrants: The world mon heritage. It should examine our Federalist papers’ authors. In fact, the standards refer to the immigrants who Nation’s tragedies—the sub-human only reference to the Federalist papers came to the United States during the treatment of Native Americans, the is a brief mention of No. 84. This is ap- 19th century as ‘‘intrusive European crime against humanity over which we palling. Today the Federalist papers Migrants’’—page 234. This might be the fought our bloodiest war to abolish, the are among the most important teach- first effort by historians to put the battle for women’s rights, Jim Crow ing documents used by civic educators millions of Scandinavians, Jews, Ital- and the great sacrifices made by so in the new democracies of Central and ians, Greeks, Poles, Czechs, Hungarians many during the civil rights movement Eastern Europe. It is ridiculous that who went through Ellis Island, and the of the 1960’s, the ongoing battle for the the authors of these national standards earlier arrivals, the Irish, Germans, complete realization of our Nation’s in American history, in 300 pages, and other pioneer immigrants, to- founding first principle, that all men could not find room for the most elo- gether and in a negative light. The are created equal, that they are en- quent articulation of our entire con- American standards emphasize the dis- dowed by their Creator with certain stitutional system ever written. crimination many immigrants faced in unalienable rights—all these are parts (VI) THE PROPOSED NATIONAL STANDARDS ARE the United States, but nowhere in the of our history about which our children NOT BALANCED AND OBJECTIVE document is there any discussion of the should learn. The few belief examples will have to great success story of the descendants But let us disabuse ourselves of the suffice but I invite you to pursue all 300 of European, Asian, African, and His- modern conceit that this great first pages at your leisure. panic immigrants in their new country. principle was a 1960’s innovation. I The cold war; Both the American his- Poverty in America: The section on think of George Washington’s letter to tory standards and the world history the history of debate over the extent of a Hebrew congregation in which he standards present this historical battle poverty in the United States asks stu- compares America’s right to religious for the hearts and minds of the human dents to read Michael Harrington, an freedom with the, at best, begrudging race as just another conflict between advocate of the Great Society Federal religious ‘‘tolerance’’ of other nations. two superpowers. Never mind that the antipoverty programs, but never sug- It is now no more that toleration is spoken Soviet Union murdered 65 million of its gest that students read critics of the of as if it were the indulgence of one class of own people, its rulers forever justifying program’s big Government approach, people that another enjoyed the exercise of any and all ‘‘means,’’ at the same time such as Thomas Sowell, George Gilder, their inherent natural right, for, happily, the that Americans were debating con- and Milton Friedman. Those scholars government of the United States, which stitutional rights of due process for simply do not exist. gives to bigotry no sanction, to persecution every citizen, while at the same time The world history guidelines white- no assistance, requires only that they who providing a shield for the independence wash the less attractive historical live under its protection should demean of free nations around the world. Amer- backgrounds of many non-Western civ- themselves as good citizens. * * * May the children of the Stock of Abraham, who dwell icans and free people around the world ilizations. In fact, Western civilization in this land, continue to merit and enjoy the believed these differences were worthy is buried as a relatively minor element good will of the other inhabitants, while of the lives of their sons and daughters, of the world we live in today. For ex- every one shall sit safely under his own vine sacrificed in the hills of Korea and jun- ample, Aztec achievements are lauded, and fig tree, and there shall be none to make gles of Vietnam for the cause of free- but human sacrifices are ignored. It him afraid. dom. But this great contest for minds may as well have never happened. By Proponents of this manual will tell and lives is ignored in their standards. contrast, extensive examinations of you that the proposed American his- There is no mention of the contending Western imperialism are both legion tory standards devote more than 40 ideologies. The enormous sacrifice of and repetitive. pages to colonial and early national pe- American taxpayers, particularly dur- The world history standards warn riods. What is emphasized in those 40 ing the Reagan administration to bring against ethnocentricm and bias, but pages, however, is the separate his- the Soviet monster to its knees is a the only examples given are of Western S 1028 CONGRESSIONAL RECORD — SENATE January 18, 1995 ethnocentricity and Western bias. Thus Last Saturday, an apologist for the chords of memory, stretching from every Greek images of the Persians are de- project was quoted in the Washington battlefield and patriot grave, to every living scribed as ‘‘ethnocentric’’ and students Post saying, ‘‘We shouldn’t try to heart and hearthstone, all over this broad are asked to read John of Plano, a 13th throw out the entire barrel just be- land, will yet swell the chorus of the union, when again touched, as surely they will be, century papal emissary, on the Mongal cause there are a few bad apples in it.’’ by the better angels of our nature. threat and analyze his social and cul- Do not believe it. It is the opinion of The proposed national standards in tural biases about the Mongols. Lynn Cheney, who herself authorized American history are designed to and The world history standards fail to this project as Chairman of the Na- will destroy our Nation’s mystic chords note that although slavery ended in tional Endowment of the Humanities; of memory, so eloquently invoked by the West during the 19th century, at Dr. Elizabeth Fox-Genovese, a profes- sor of history and women’s studies at Lincoln 130 years ago. the cost of the blood of hundreds of Those mystic chords of memory are thousands of sons of the intrusive Eu- Emory who was on the project’s Na- tional Council, Gilbert Sewall, director already perilously frayed. Study after ropean immigrants, slavery continues study demonstrates the wounding ab- to exist today as it has for millenia in of the American Textbook Council, also on the project’s advisory board; sence of a shared knowledge of our Na- the non-West, according to official tion’s history. These standards would United Nations reports. and many others directly involved from its conception that these stand- only serve to deepen that wound, and These world history standards do not so they must be rejected. compare and contrast political systems ards are beyond any hope of salvag- ing—much to their own great dis- Mr. President, I ask for the yeas and in the West and the non-West during nays on my amendment. the 19th and 20th centuries. appointment as much of their personal time and efforts were offered to the The PRESIDING OFFICER. Is there a Thus, teachers are not encouraged to cause. sufficient second? compare Western democracies with I agree. These standards must be Mr. DOLE addressed the Chair. Asian and African despotism. Nor are junked in total. The PRESIDING OFFICER. Is there a post-1989 students encouraged to con- The problem is not one of mere de- sufficient second? sider the Communist ideal versus the tail. The problem is in its philosophical At the moment there is not a suffi- historical reality. Why not compare foundations. Those foundations are cient second. the Soviet Socialist experiment with fundamentally anti-Western, and anti- Mr. DOLE addressed the Chair. the American story in the 20th cen- American in their conceptual frame- The PRESIDING OFFICER. The ma- tury, or contrast Lenin’s reign of ter- work. The correction of a few of the jority leader. ror with Washington’s leadership? Too worst excesses will not remove that Mr. DOLE. I suggest the absence of a unimportant to consider seems to be anti-American, anti-Western formula- quorum. the view of these standard makers. tion at its base. And it is a most seri- The PRESIDING OFFICER. The Our students need to know the theo- ous problem. Whether or not the stand- clerk will call the roll. retical foundations of our liberties. ards are certified by the still to be cre- The bill clerk proceeded to call the They need to learn why the dictator- ated Goals 2000 NESIC Board, accord- roll. ship of the proletariat failed in its ing to Gilbert Sewall and many others, Mr. DOLE. Mr. President, I ask unan- promised bliss. the way in which the textbook estab- imous consent that the order for the The world history standards assert lishment works, this manual, having quorum call be rescinded. that students should be able to assess the extraordinary prestige of being the The PRESIDING OFFICER. Without the accomplishments and costs of Com- first national curriculum guide, will objection, it is so ordered. munist rule in China during Mao’s become, de facto, official if not strong- f Great Leap Forward of 1958. Current es- ly repudiated. As Dr. Sewall has stated, timates of the costs are 30 million mur- ‘‘It will be the first draft of the next RECESS ders of Mao’s own fellow citizens. Why generation of textbooks.’’ Mr. DOLE. Mr. President, I ask unan- not ask students to analyze the Great Right now, there are 10,000 copies of Leap Forward itself, rather than to imous consent that the Senate stand in these standards being circulated among recess until 2:05 p.m. suggest that its accomplishments may leading American educators. Like the have been worth its costs? A truly suit- There being no objection, the Senate, infamous exploding Pinto, these manu- at 1:35 p.m., recessed until the hour of able activity? Read Jung Chaing’s als pose a horrendous threat to the vi- ‘‘Life and Death in Shanghai,’’ a record 2:05; whereupon, the Senate reassem- tality and accuracy of American his- bled when called to order by the Pre- of the arrests, mock trials, endless im- tory education, and they must be re- siding Officer [Mr. GREGG]. prisonment, the beatings, the innocent called. Mr. DOLE. Mr. President, I suggest children murdered—all in the name of Mr. President, I have been in favor of the absence of a quorum. social progress during Mao’s Cultural national standards. Although I had se- The PRESIDING OFFICER. The Revolution. rious reservations, I added my vote to Clerk will call the roll. As recently reported in the Nation’s Goals 2000. The development of this The legislative clerk proceeded to newspapers, apologists for this project ideologically driven, anti-Western call the roll. will tell you this is ‘‘work in progress.’’ monument to politically correct cari- Mr. DOLE. Mr. President, I ask unan- Nothing to be alarmed about. Changes cature is not what the Congress envi- imous consent that the order for the can be made. sioned, nor is it what the American quorum call be rescinded. Mr. President, this does not look like people paid for. The purpose of this work in progress. Nothing in its con- amendment is therefore publicly to re- The PRESIDING OFFICER. Without tent, nothing in its introductory chap- pudiate its continued use and stop its objection, it is so ordered. ters indicates that it is to be modified. further influence. Should such a f It is a finished project. project ever be taken up again, and I At the present time, there are 10,000 am not at all sure it should be, in light UNFUNDED MANDATE REFORM copies of the United States, world, and of this experience, it must be under- ACT K–4 history standards in circulation. taken by scholars with at least a pass- AMENDMENT NO. 139 TO AMENDMENT NO. 31 These copies are in use throughout the able understanding of and decent re- (Purpose: To prevent the adoption of certain educational world. In some cases they spect for this country and for its roots national history standards) are already being used as curriculum in Western civilization. Mr. DOLE. Mr. President, I send a guidelines. They are in the hands of On the eve of the Civil War in March second-degree amendment to the desk. textbook publishers, curriculum writ- 1861, in his first inaugural address, The PRESIDING OFFICER. The ers, and other education experts. Fund- Abraham Lincoln reminded the trou- clerk will report the amendment. ed by taxpayers money, UCLA has been bled country of the importance of our The legislative clerk read as follows: selling the standards books—$18 for in- shared and common past: The Senator from Kansas [Mr. DOLE] pro- dividuals and $24 for groups—and they Though passion may have strained, it must poses an amendment numbered 139 to amend- are making money. not break our bonds of affection. The mystic ment No. 31. January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1029 Mr. DOLE. Mr. President, I ask unan- It brings up the issue of educational tive edge in high-technology fields. imous consent that the reading of the standards, but it takes our attention Right now, about 40 percent of the slots amendment be dispensed with. away from the basic reasons for the de- for graduate schools in critical areas of The PRESIDING OFFICER. Without velopment of the Goals 2000. science, engineering, and mathematics objection, it is so ordered. When these goals were developed by go to foreign students because they are The amendment is as follows: the Governors in 1989, it came as a re- more competitive for those slots. Strike all after ‘‘SEC.’’ and add the follow- sult of a 1983 report called ‘‘A Nation That used to be fine, and I remember ing: at Risk.’’ in my own State we had many foreign . NATIONAL HISTORY STANDARDS. That report was released by the Sec- students who went to graduate school (a) IN GENERAL.—Notwithstanding any retary of Education at the time, Ted and ultimately worked for IBM. These other provision of law, the National Edu- Bell, who served as Secretary of Edu- days, unfortunately, foreign graduate cation Goals Panel shall disapprove, and the cation during the Reagan administra- students are not staying here. They are National Education Standards and Improve- tion. It described serious deficiencies not returning the advantage of their ment Council shall not certify, any vol- in our educational system. Those re- untary national content standards, vol- skills and knowledge to our industries. untary national student performance stand- sults have been verified by many stud- They are all going home. In other ards, and criteria for the certification of ies including the somewhat recent words, we are sending about 40 percent such content and student performance stand- Work Force 2000 report which pointed of graduates from our schools, which ards, regarding the subject of history, that out very importantly and very criti- are the best in the world, to work for have been developed prior to February 1, cally that this Nation is not presently our competitors. 1995. prepared to compete in the inter- I wished to raise this specter because (b) PROHIBITION.—No Federal funds shall be national market and will be less so in this is the kind of problem which na- awarded to, or expended by, the National the future. tional standards should address. When Center for History in the Schools, after the Here are some of the problems that date of enactment of this Act, for the devel- we passed Goals 2000, we set forth a set created the demand for Goals 2000. Too opment of the voluntary national content of voluntary national goals and stand- many of our people right now do not standards, the voluntary national student ards. In addition to the original goals even graduate from high school. But performance standards, and the criteria for proposed by President Bush and the 50 the certification of such content and student much more seriously is that only half performance standards, regarding the subject of those who presently graduate have Governors, we expanded upon the goal of history. what is considered an acceptable basic for math and science competitiveness (c) SENSE OF THE SENATE.—It is the sense education. Even more troubling is the and added such subjects as history and of the Senate that— fact that two-thirds of that half are arts. (1) the voluntary national content stand- functionally illiterate to one degree or What we are talking about today is ards, the voluntary national student per- the beginning of a process of develop- formance standards, and the criteria for the another. They do not have the basic skills necessary to handle an entry ing standards which are necessary for certification of such content and student our ability to compete in the inter- performance standards, regarding the subject level job. This means that our school of history, that are established under title II system turns out millions of young national economy. I would hate to of the Goals 2000: Educate America Act people each year needing remedial edu- think we will begin debating subjects should not be based on standards developed cation before they can effectively help which are important but unrelated to by the National Center for History in the us compete in the world economy. the more important issue of competi- Schools; and The purpose of ‘‘A Nation at Risk’’ tiveness and thereby disparage our na- (2) if the Department of Education, the Na- was to raise awareness that our Nation tional and worldwide standards. tional Endowment for the Humanities, or Recently, members of the business any other Federal agency provides funds for was facing a serious crisis. The stand- the development of the standards and cri- ard of living had been slipping for the community spoke about job training teria described in paragraph (1), the recipi- past decade or more and would con- before the Labor Committee and said ent of such funds should have a decent re- tinue to slip if we did not raise the that we must enforce worldwide edu- spect for United States history’s roots in quality of our education. cational standards for our people can western civilization. In the late 1980’s, the business com- become qualified for the work force of Mr. DOLE. Mr. President, I ask for munity was concerned that educational the future. If people do not understand the yeas and nays on the amendment. reform was not being implemented, the requirements, they will continue The PRESIDING OFFICER. Is there a even after President Bush had con- presuming that the standards which we sufficient second? vened the national education summit have been utilizing, the ones which we There is a sufficient second. and the Nation’s Governors had created feel are an acceptable education, are The yeas and nays were ordered. the goals which, with the input of Con- quite all right. The PRESIDING OFFICER. Is there gress, are now referred to as Goals 2000. People fail to realize that students in further debate? The need for progress on this issue Taiwan graduate 2 years ahead of our Mr. GLENN. I suggest the absence of was important to the business commu- students in science and math. In addi- a quorum. nity. I remember very well the first tion, studies show that not only are we The PRESIDING OFFICER. The meeting I had in my office as a new removed from the list of top nations in clerk will call the roll to ascertain the Senator and as member of the Edu- science and math achievement, but presence of a quorum. cation Subcommittee with a group of that we are at the bottom of the heap. The legislative clerk proceeded to this Nation’s top CEO’s whose firms My point is that we must con- call the roll. were involved in international ven- centrate on why the Goals 2000 bill was Mr. JEFFORDS. Mr. President, I ask tures. I expected that they might come developed. It was deemed necessary to unanimous consent that the order for to me and say, ‘‘We have to do some- improve the standard of living of the the quorum call be rescinded. thing about capital gains.’’ Nation: To improve our standards and The PRESIDING OFFICER. Without They did not. They said that we must our competitiveness. While it is impor- objection, it is so ordered. fully fund Head Start. If the United tant for us to stay informed about rec- Mr. JEFFORDS. Mr. President, I States did not make sure that everyone ommendations for important subjects would like to address the pending had the advantage of preschool train- such as history, I am concerned that amendment. ing, early childhood education, and we will begin to forget why we are The PRESIDING OFFICER. The Sen- other compensatory programs, we here, and that is to save the Nation. ator from Vermont. would not produce the kind of high I will introduce a second-degree Mr. JEFFORDS. Mr. President, if one school graduates who would be able to amendment at an appropriate time is not aware of the history of this issue compete internationally. which will address the concern of my over the past decade or so, this amend- Our educational failures impact the good friend, the Senator from Washing- ment might seem like one that we business community, especially in ton, regarding the development of cer- ought to concentrate on and seriously those areas of graduate education tain standards at the UCLA Center for consider. which are so critical to our competi- History in Schools, those standards S 1030 CONGRESSIONAL RECORD — SENATE January 18, 1995 which have raised considerable con- have just recently been published, have but it dramatically affects our ability troversy. But we must remember that raised concern among some readers. to compete in the global marketplace. those standards have not been adopted Criticism has focused not on the stand- For the past decade the average wage by anyone, and they are not in a form ards themselves but upon the examples has gone down. The standard of living to be adopted. In fact, the panel which of activities for students in each grade is slipping and wealth is accumulating would approve them has not even been level. Of the thousands of examples, only at the top. named yet. So we are prematurely not more than 25 were considered con- Until we are able to prepare our chil- criticizing something which is not even troversial. However, upon receipt of dren for the future we will have failed ready to be adopted. public input and criticism the Center ourselves, the next generation and this But more importantly, the amend- for History in Schools is reviewing and country. The first step to success is es- ment requires that anything meritori- altering its work. This, in fact is, and tablishing strong academic standards ous or relevant or acceptable that is in should be, the appropriate process and so that our children leave school ready those standards should not be used. primary purpose of public commentary. for the work force or for postsecondary Now, I am not sure whether that means But, I am not here to defend the spe- education. Remedial education should the acceptable elements could be pro- cific content of these standards—that not be the main function of our institu- posed and later approved, or not. The is best left to teachers, educators, and tions of higher education or our busi- amendment does not say. It simply parents. Instead, I am concerned that nesses and corporations. By preparing states that the standards cannot be this amendment has much broader im- our students while they are in school, used and that no more money can go to plications. we will reduce the need for catchup them. At issue is not so much the specific courses so many of our graduates now Therefore my amendment will leave substance of these standards. Indeed, have to take. in the final paragraph of the amend- the standards have neither been en- We have a process in place to get our ment of the Senator from Washington, dorsed by any Federal body nor, for children ready for the 21st century. which states the concern about how we that matter, even been finalized. Rath- That process includes reforming our adopt the history standards, but will er, the issue is whether or not we have school and creating high benchmarks remove that part which states that we in place a process for developing world for students. That process is done should simply throw away everything class standards. I cannot overstate the through the National Council on Edu- that has been done in this area and importance of this matter. Countless cation Standards and Improvement. prohibits the information from being reports have outlined that our country NESIC will be a 19-member council used. is falling behind in international test composed of professional educators, Out of a very substantial number of comparisons because our children have representatives of business, industry, examples in the history standards, only not learned the necessary skills in higher education, and members of the a very few have provoked great con- order to compete successfully. public. The council is authorized to troversy. Therefore, I will speak again A recent survey of Fortune 500 com- certify voluntary national education later, when I offer my amendment. But panies showed that 58 percent com- standards and pass their recommenda- I just want everyone to realize that the plained of the difficulty of finding em- tions to the goals panel for final ap- critical goal is to have an educational ployees with basic skills. The chief ex- proval. The role of the council is to system second to none which will keep ecutive officer of Pacific Telesis re- certify that the standards developed in the United States competitive in the ported: Only 4 out of every 10 can- each subject area are credible, rigorous next century by providing the nec- didates for entry-level jobs at Pacific and have been developed through a essary skilled work force. Telesis are able to pass our entry broad-based process. I will also mention the cost of doing exam, which are based on a seventh- NESIC provides a mechanism for en- nothing and the cost of trying to do grade level. suring that standards remain national away with these standards. Right now, It is no longer enough for Vermont to rather than Federal. If this duty was over $25 billion each year are spent by compare itself to the national average. not being performed by such a council, our businesses on remedial education Comparing one State with another is the responsibility for certifying na- because of the failures of our school like the local football team believing tional voluntary standards would fall system. In addition, we have about a itself to be a champion of national squarely upon the shoulders of the Sec- half a trillion dollars loss in the econ- stature because it beat the cross town retary of Education—which would posi- omy due to illiteracy, imprisonment, rival. No, we must compare ourselves tively result in greater Federal in- and the many other social ills that re- with our real competitors—the other volvement. sult from educational shortfalls. This nations of this global marketplace. To This body is a separate entity cre- is an extremely important issue, and I date, it appears that they are quickly ated to oversee the certification of vol- hope that we will remain focused on outpacing us in many pivotal areas. untary national standards. It has abso- the primary issue of developing a more I have had meetings upon meetings lutely no oversight authority over competitive nation for the future. with the chairmen and CEO’s of major States. In other words, States are not Mr. President, I must oppose the U.S. corporations to urge me to sup- required to agree with the voluntary amendment offered by my colleague port the development of high academic national standards, they are not re- from Washington. The amendment, standards. Why? Because the status quired to accept or incorporate any which has not been subject to any quo in our schools has failed. Too many portion of the national standards or hearings or review by the committee of of our graduates finish school without even acknowledge existence of stand- jurisdiction, prohibits the National knowing the three R’s, much less more ards. Education Goals Panel and the Na- rigorous content standards. For our Yet such a national council is essen- tional Education Standards and Im- country to remain competitive, it is es- tial to States and local schools to as- provement Council from certifying any sential that our schools prepare our fu- sist them in weeding out and reviewing voluntary national content standards ture work force for the demands of the voluntary standards. Without such an in the subject of history. 21st century. Unfortunately, until we entity, each State will have to under- As my colleagues may recall, under present our students with challenging take that review by itself. To do that the Bush administration grants were content standards that goal will not be 50 times over simply does not make awarded to independent agencies, realized. sense. Clearly, the recommendations of groups, and institutions of higher edu- Instead, estimates indicate that the council are not binding on States. cation to develop worldclass standards American businesses may have to The council’s certification process is in all the major subject areas. spend up to $25 billion each year just simply a Good Housekeeping seal of ap- The history standards were developed for remedial elementary math and proval to assist States in determining by the UCLA Center for History in reading instruction for workers before which standards are rigorous and com- Schools with the contribution of hun- they can train them to handle modern petitive. dreds of individual teachers, scholars equipment. Not only does this drain For us to step in and derail this proc- and historians. The standards, which critical funds from our corporations ess makes no good sense. By passing January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1031 this amendment and legislating a Fed- There is certainly a difference be- The Governors who currently serve eral override of NESIC’s responsibility tween voluntary national standards on that are an extremely distinguished we not only jeopardize the whole inde- and mandatory Federal standards—but group: Governor Romer, Governor pendent nature of NESIC, we also jeop- this is a distinction which is generally Bayh, Governor Fordice of Mississippi, ardize the process of creating tough lost when such standards are put for- Governor Hunt, Governor Engler, Gov- academic standards. I don’t think we ward, particularly when they are likely ernor Carlson, Governor Edgar, and have that luxury. to come before a group such as the na- Governor Whitman of New Jersey. The PRESIDING OFFICER. The Sen- tional council which is charged with They are a very distinguished group of ator from Kansas. reviewing them. As one who believes Governors. Mrs. KASSEBAUM. Mr. President, if strongly that the strength of our edu- The amendment of Senator GORTON, I may enter into this debate for a mo- cation system lies in its local base and in my view, would be an insult, if we ment from a little different angle. I community commitment, I have not were to pass this amendment, given the have enormous respect for the Senator felt it wise to expand Federal involve- current state of deliberations by the from Vermont, who has just spoken ment into areas traditionally handled National Governors and by the Na- with great dedication to the issue of by States and localities. tional Education Goals Panel on na- education. He has devoted a great deal I will support the Gorton amendment tional standards. Essentially, this of time to the issue, both when he was due to my concern about Federal in- amendment says the National Edu- in the other body as a Member of Con- volvement in national standards, even cation Goals Panel shall disapprove gress and since he has been in the Sen- voluntary ones. At the same time, I be- some proposed standards which have ate and is now chairman of the Edu- lieve the real issue is far broader than not even been presented for consider- the current controversy over the his- cation Subcommittee of the Labor ation before the panel as yet. It com- tory standards. Prohibiting a federally Committee. pletely puts the Congress in the posi- authorized council from certifying a I also can understand where the Sen- tion of preempting the National Edu- particular set of voluntary standards is ator from Washington is coming from cation Goals Panel. not the real answer. The real problem in his concerns about the model na- It further puts us in the business of is that we have established in legisla- tional history standards which have tion such a group—the National Edu- preempting the National Education been developed with Federal funds. cation Standards and Improvement Standards and Improvement Council, However, as the Senator from Vermont Council, or NESIC—in the first place. which has not even been established. has pointed out, they have not been In the near future, I will be introduc- The members of that group, NESIC for adopted or certified as national stand- ing legislation to repeal NESIC. My short—that is the acronym that has ards yet. legislation would get the Federal Gov- been applied to this National Edu- There has been a lot of controversy ernment out of the loop in an area cation Standards and Improvement about these standards as they have which I believe is best handled by Council—have not even been appointed. been proposed—controversy which, I States and localities. Many of our Yet, we are here being asked to adopt may say, could have been anticipated. I States are already developing stand- legislation directing this unappointed was troubled when we first started ards that the teachers and educators in panel not to certify certain standards down the path of providing Federal the field of history feel is important for which have not yet been presented to funding for the development of na- the schools in their States. But those them since they are not in existence. tional standards. I would like to note States do not need to have a Federal It strikes me that this is the height that standards in various subject areas seal of approval for those standards, of arrogance on the part of Congress, to have been developed by professionals in voluntary or not. That is why I believe be stepping into an area where we have the field, not by Federal employees as we may be missing the heart of this de- not had the leadership. Just to the con- some may think. However, where Fed- bate. trary, the Governors have had the lead- eral moneys are involved, there is often Nevertheless, I think the Senator ership. And we are saying by this misunderstanding about the nature of from Washington has addressed a real amendment, if we adopt it: Do not take the Government’s involvement. concern regarding the model national any action to approve standards. You, I am sure that developing these history standards that have been devel- the Governors and the other members standards was very difficult for these oped with Federal funds. of this panel, disapprove these proposed professionals. It is far easier to develop Mr. President, I yield the floor. standards that have not yet even been standards, say in the field of mathe- The PRESIDING OFFICER. The Sen- presented to you. And second, if and matics or science, because there is ator from New Mexico. when we get a National Education more preciseness in both of those Mr. BINGAMAN. Mr. President, I Standards and Improvement Council fields. When you get to history, how- wish to speak against the Gorton appointed, they are also directed not to ever, so much revolves around a teach- amendment. I think the Gorton amend- certify any standards along the lines er’s interpretation of the material that ment fails to recognize the immense that have been proposed. they may have in front of them. So I amount of work that has gone into try- I certainly agree that there are think when you get into particular ing to put this country on a road to major problems with the national areas of study like history, that it be- having and pursuing higher national standards that were proposed on his- comes much more difficult to develop standards, higher standards in edu- tory. I do not think that is the issue standards on which there is going to be cation throughout the country. This is that is before us today. This whole agreement. Whether it is with the par- work that has primarily been done by business of getting standards in history ticular standards we are discussing the Governors of this country. I will is something which was started by the now or a totally different set of stand- point out that it began in Charlottes- former administration, during the ards, I think you would find just as ville, when President Bush was there Bush administration. I recall the then many people with concerns about with our 50 Governors some 5 years Chair of the National Endowment for them. ago. Humanities, Lynne Cheney, let the Although these are voluntary stand- Today, the National Education Goals contract at that time to have these na- ards, as has been repeatedly empha- Panel is made up primarily of Gov- tional standards developed. She has sized whenever we have had these de- ernors. There are eight Governors on also, I would point out, been the main bates, this is a point which often gets this panel, there are two administra- spokesperson objecting to the stand- lost. One reason I opposed the Goals tion representatives, and there are four ards that have come back, or the pro- 2000 legislation which was enacted last representatives from Congress. But posed standards. year is that it took Federal activities clearly the Governors are those who My reaction is that clearly she is in this area yet another step further by set up the National Education Goals right, that there are problems with including an authorization for a na- Panel. They are the ones who have led what has been proposed, and we need to tional council to review and endorse the way for this country to pursue na- change what has been proposed or, on the national standards. tional education goals and standards. the contrary, we need to get some S 1032 CONGRESSIONAL RECORD — SENATE January 18, 1995 other standards adopted in the area of So I hope very much that we will de- pede both the important work being history before we go ahead. feat the Gorton amendment. I know done in this area and the effort to de- But we are not in a position in my Senator JEFFORDS has an alternative velop a broad base of consensus. Ac- opinion as a Congress to be directing which I will plan to support and speak cordingly, I would urge my colleagues the National Education Goals Panel, for at that time. But I hope very much to oppose this amendment, and to sup- made up primarily of Governors in this that the Congress does not overreach port instead the substitute to be of- country, directing them as to what ac- and try through this amendment that fered by the Senator from Vermont. tion to take or not to take on specific has been presented by the Senator from I yield the floor. standards at this point. Washington to usurp the authority Mr. LIEBERMAN addressed the The whole standards-setting process I which I think has rightfully been seen Chair. believe has been a very healthy, for- as resting with the Governors of this The PRESIDING OFFICER. The Sen- ward looking, progressive effort in this country. ator from Connecticut. country, and it has been bipartisan. It I thank you, Mr. President. I yield Mr. LIEBERMAN. Mr. President, I was bipartisan when it was started in the floor. rise to support the amendment offered the Bush administration with the Gov- Mr. PELL addressed the Chair. by the Senator from Washington [Mr. ernors. It has remained so since then. The PRESIDING OFFICER. The Sen- GORTON]. In fact, I ask unanimous con- I have the good fortune of serving on ator from Rhode Island. sent at this point that I be added as an a council that was established by the Mr. PELL. Mr. President, I rise in op- original cosponsor of the amendment. Congress to look at the whole issue of position to the amendment offered by The PRESIDING OFFICER. Without whether we should have national the Senator from Washington. objection, it is so ordered. standards. That council came up with a To my mind, this amendment is an Mr. LIEBERMAN. I thank the Chair. report which said the high standards unwarranted governmental intrusion Mr. President, I support this amend- for student attainment are critical to into what is basically a private effort. ment because it puts the Senate on enhancing America’s economic com- It also constitutes micromanagement record opposing the national standards petitiveness, the quality of human cap- to a degree that is neither wise nor for U.S. and world history which, while ital, and the knowledge of skills. The necessary. not endorsed by any Federal agency, knowledge and skills of labor and man- First, the national standards that are were developed with Federal tax dol- agement helps determine a nation’s being developed, whether in history or lars first issued in 1991. While not a ability to compete in the world mar- any other discipline, are purely vol- Federal mandate in that sense, they ketplace. International comparisons, untary. This was made clear in the are voluntary, nonetheless, I rise to however, consistently have shown the Goals 2000 legislation and reinforced in speak in opposition to them because academic performance of American the reauthorization of the Elementary they carry the imprimatur of the Fed- students is below that of students in and Secondary Education Act. eral Government, and have the capac- many other developed countries. The Second, the voluntary standards do ity to broadly affect the course of edu- standard setting process was a reaction not have to be submitted to either the cation and the teaching and under- to our concern in this area, and it is a National Education Standards and Im- standing of history by succeeding gen- reaction which the Governors took the provement Council or the National erations of our children, the American lead in because of the primary respon- Goals Panel. That, too, is voluntary. If children. sibility for education has always been the organization that developed the Mr. President, I should make clear, at the State and local level, and should standards wants to submit them, they as I believe the Senator from Washing- remain there. may do so at their own volition. It is ton has made clear, that I support the But we found in that council that I not required. idea of setting national voluntary served on—this is a quotation from the Third, certification is nothing more standards to upgrade our education and report they came out with: than a Good Housekeeping Seal of Ap- to give us something to aim for. But I In the absence of demanding content and proval. It carries no weight in law, and must say that the standards that were performance standards, the United States imposes no requirements on States or produced, the national standards for has gravitated toward having a de facto localities. They are free to develop U.S. and world history that are at the minimal skills curriculum. their own standards, and may use or core of what this amendment is about, That is what the Governors were try- not use the voluntary national stand- were a terrific disappointment and may ing to deal with in the standard setting ards as they wish. undercut some of the fundamentals, process. We should not allow our con- Fourth, the history standards in the core values, the great personalities cern about some specific set of pro- question are proposed standards. They and heroes of America and Western civ- posed standards which have not even have not been finalized. Quite to the ilization and world history. By doing been presented to the National Edu- contrary, representatives from the Na- so, we put our children at risk of not cation Goals Panel for approval yet but tional History Standards Project have being fairly and broadly educated. we should not allow our concern about met with critics and have indicated While the hope of those involved at those specific standards to deflect us their willingness to make changes in the time that these standards were au- from the long-term objective of having both the standards and the instruc- thorized, which goes back some years, standards, and holding ourselves ac- tional examples that accompany the was clearly to encourage State and countable to reaching those standards. standards. Their commitment is to re- local educators to raise standards in They are voluntary standards. They move historical bias and to build a the teaching of history to elementary ought to be voluntary standards. But broad base of consensus in support of and secondary school students, the still they are standards. They are the proposed standards. draft proposed is full of the kind of val- standards for which we believe certain Fifth, make no mistake about it, ueless, all-points-of-view-are-equally- benchmarks are appropriate. And these proposed standards were not de- valid nonsense that I thought we had clearly I believe that the standard set- veloped in secret or by just a few indi- left behind—and I certainly believe we ting process is an extremely important viduals. They are the product of over should leave behind—in the teaching of part of improving the American edu- 21⁄2 years of hard work. Literally hun- our children. cation system. dreds of teachers, historians, social The history that many of us who are It would be a tragedy for us to step in studies supervisors, and parents were older learned in school obviously had before the first set of those standards part of this effort. Advice and counsel its failings. It was not as inclusive as it have been presented to the National was both sought and received from should have been in many ways. But at Education Goals Panel for approval more than 30 major educational, schol- least it provided core information and pass legislation directing how the arly, and public interest organizations. about who we are as a nation and how National Education Goals Panel and Mr. President, I strongly believe that our world and our Nation have pro- the Governors who make up the major- we should not interfere with a process gressed over time. ity of that group, are to dispose of that is still in play. We should not in- Mr. President, we have a lot to be standards. ject ourselves in a way that might im- proud of in American history. This January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1033 great idea of America grew out of the planes, flight—has dramatically af- to see what happens next with these Enlightenment and was established— fected the lives of each of us and of so- standards so they can make their own now more than 200 years ago—by a cou- ciety—not even mentioned in these plans as to whether to adopt the draft rageous, principled, and patriotic group standards. standards wholesale. In fact, I have of Founders and Framers who were not In another way, in the world history heard also that some school districts casual about what they were doing. standards, slavery is mentioned briefly are close to adopting them. They were motivated by an idea, by a in reference to Greece. The only other I think it is particularly appropriate set of values, and it is part of our re- discussion of slavery concerns the that my colleague from Washington sponsibility as this generation of transatlantic slave trade. Slavery, to has chosen this bill about mandates adults, let alone as this generation of the world’s shame, existed in many cul- and Federal involvement in our society elected officials and national leaders, tures over many centuries, and those for us to speak out, to make sure that to convey that sense of our history— examples are not mentioned. no one misunderstands these stand- about which we have so much to be The Holocaust in Nazi Germany re- ards, to hope that teachers, parents, proud—to our children. ceived significant attention, as it and students will understand the ways First, in the interest of truth, be- should. But the death, persecution, and in which some of us feel they are defi- cause the American idea is a unique humiliation in a cultural revolution in cient, and that, as the business of set- idea and has dramatically and posi- China go by with barely a whisper. ting such standards goes forward from tively affected the course of world his- There is nothing in the cold war sec- here, they will be developed with a bet- tory since the founding of this coun- tion of these standards, this experience ter sense of balance and fairness and try—not just the course of world his- that dominated the lives of most of us pride. tory in a macro sense, in a cosmic in this Chamber from the end of the History is important. We learn from sense—it has positively affected, in the Second World War to 1989, when the it. It tells us who we are, and from our most dramatic way, the course of the Berlin Wall collapsed. The section on sense of who we are, we help determine lives of millions of Americans and mil- the cold war does not give the reader, who we will be by our actions. The in- lions of other people around the world the student, the teacher, the sense that terest in these standards, in some who have been influenced by the Amer- that conflict involved principles at all, sense, confirms the importance of his- ican idea and by American heroes. And involved ideals. It describes it, in my tory. And what I am saying, and what we ought not to let that be disparaged. opinion, solely as a contest for power. I believe Senator GORTON is saying, is We ought not to let that uniqueness, There is no indication that we were that we should celebrate the vitality of that special American purpose, be lost fighting a battle for democracy—not that interest in history by starting in a kind of ‘‘everything is equal, let us just a system, a way of government, over to develop standards that more reach out and make up for the past ex- but a way of government that has a fairly reflect the American experience, clusions in our history’’ set of stand- particular view of what humans are all not to mention world history, and to ards. about, and a particular view that is particularly give better and fairer at- So to me this is consequential. I rooted, I think, in the idea and the tention to the positive and optimistic guess the social scientists tell us that principle that people have a Creator. accomplishments and nature of the our children should think well of them- We say it in our founding documents, American people. selves if we expect them to do good ‘‘that all men are created equal, that I thank the Chair, and I congratulate things; that they have to have a good they are endowed by their Creator with my friend from Washington for taking self-image. They mean this in the most certain inalienable Rights,’’ not a cas- the initiative on this matter. personal sense of how parents raise ual accident of nature, but a conscious I yield the floor. children, how society gives children an act by a Creator. Democracy is on the Mr. BINGAMAN addressed the Chair. impression of themselves. I say that in one hand, and totalitarianism is on the The PRESIDING OFFICER. The Sen- a broader sense of citizenship, our other, which denies all of that. The ator from New Mexico. country has a responsibility, honestly cold war is described blandly and re- Mr. BINGAMAN. Mr. President, let and accurately conveying some of the vealingly in one sentence as ‘‘the me just make one additional point. I blemishes as well as the great beauty swordplay of the Soviet Union and the heard my good friend from Connecticut of our history, to give our children a United States.’’ Inadequate, to put it and my friend from Washington. sense of self-worth as Americans. And mildly; insulting, to put it more hon- I think it is particularly ironic that part of that is respecting the great estly and directly. this amendment is being considered on leaders in America that have gone be- We do not need sanitized history that the so-called Unfunded Mandate Re- fore. only celebrates our triumphs, Mr. form Act of 1995. This bill that is being Mr. President, these draft standards President. But we also do not need to considered before the Senate today, the are, alternatively, so overinclusive as give our children a warped and nega- bill that is proposed to be amended, to lose major events in American and tive view of Western civilization, of says in its preface: world history, major participants, lead- American civilization, of the accom- ers, heroes in American and world his- plishments, the extraordinary accom- To curb the practice of imposing unfunded Federal mandates on State and local govern- tory, in a tumble of information about plishments and contributions of both. ment; to strengthen the partnership between everybody and everything. And then, I recognize that the Federal Govern- the Federal Government and State and local on the other hand, they are oddly ment is not talking about forcing these and tribal governments; to end the imposi- underinclusive about important events, standards on anybody. These standards tion, in the absence of full consideration by people and concepts. Robert E. Lee, were always intended to be voluntary, Congress, of Federal mandates on State, Thomas Edison, Albert Einstein, Jonas and I recognize that the standards we local and tribal governments. Salk, and the Wright Brothers, just to are talking about are not final. They Mr. President, we did try to defer to name a few, appear nowhere in these are in a draft form. But the standards, the States when we set up the edu- standards. by virtue of their being developed with cation goals panel in the legislation, Thomas Edison, whose most memo- Federal funds, have the unavoidable the Goals 2000 legislation, last year. We rable invention has become the very imprimatur of the Federal Govern- established that panel with eight Gov- symbol of a good idea—the light bulb— ment. Ten thousand of these are avail- ernors, four State legislators. And is not mentioned. Albert Einstein, able throughout America. It is a very those 12 who represent the States whose extraordinary contributions to official-looking text. I, for one, worry would be offset by six representing the our sense of the physical universe, let that some well-meaning official of a National Government, two from the ad- alone beyond, who changed our under- local school district will get hold of it ministration and four Members of Con- standing of our existence in so many and think this is what we in Washing- gress. dramatic ways—not mentioned. The ton have decided is what the teaching Now we have taken this 18-member Wright Brothers, whose courage and of American and world history ought panel, the National Education Goals boldness and inventiveness, steadfast- to be all about. In fact, I have been told Panel, set them up and given them the ness—with the development of air- that text book publishers are waiting responsibility to review proposals that S 1034 CONGRESSIONAL RECORD — SENATE January 18, 1995 are made for national standards. And Mr. GORTON. Mr. President, first, I Nothing in my amendment, in which here in Senator GORTON’s amendment, should like to say with respect to my the Senator from Connecticut has we are proposing to step in before any friend and colleague, the Senator from joined, tells any Governor or State standards have been presented to them Connecticut, that it is always a pleas- educational administrator that he or and to legislatively prohibit them from ure to deal with him on the same side she cannot accept this book today, adopting a set of as yet unproposed of an issue just as it is very dangerous lock, stock, and barrel, if he or she standards. to disagree with him and attempt to wishes to do so. It does say that a Fed- Now this is a Federal mandate, it is prove a case. eral entity will not certify it as worthy a mandate by this Senate, by this Con- But as I have listened to the case pre- of consideration as a guide for the gress to that National Education Goals sented against this amendment by teaching of American history. In that Panel, made up primarily of State gov- three of my colleagues, one of my own sense, each of these people is part of a ernment representatives, and telling party and two of the other, it seems to national entity created by the Con- them what they shall and shall not do. me that they argue in an attempt to gress with a Federal purpose. Not only I, quite frankly, think it is insulting have it both ways. Each of them was a is it appropriate for Members to in- to the Governors, who are giving of strong supporter of Federal legislation, struct such a group, I believe it to be their very valuable time to serve on Goals 2000, which was designed to come mandatory. this National Education Goals Panel, up with national standards for the We created the group. If it is our for us to be rushing to the Senate floor teaching of various subjects in our view that this is, in fact, a perverse and passing legislation of this type be- schools. Each of them, as far as I can document that should not be the basis fore they have even been presented tell, approved of spending some $2 mil- for teaching American history, now is with anything in the National Edu- lion of Federal taxpayer money to fi- the time we should say so. Not after it cation Goals Panel. nance a private study which resulted in has been adopted by several States. I am one of the two Senators that these national standards. Not after it has been adopted by this serves on the National Education Goals But when it comes to our debating national organization, but right now. Panel. I represent the Democratic side. these highly controversial and I firmly Opponents cannot duck behind the Senator COCHRAN represents the Repub- believe perverse and distorted stand- proposition that somehow or another lican side. We have not had a meeting ards for world and American history, they are taking no position. By voting to discuss these proposed standards. In against this amendment, they are tak- we are told we should butt out; we, the fact, the proposed standards have not ing the position that it is perfectly ap- Congress of the United States, should even been put on the agenda to be dis- propriate for these standards to be pre- have nothing to say about national cussed at future meetings, and yet the sented to the States of the United standards for the teaching of American Senate is considering going ahead and States as the way in which to teach the history. Or, in the alternative, the Sen- adopting an amendment by the Senator history of the United States of Amer- ator from New Mexico says it is too from Washington which says, ‘‘Not- ica. early because they have not been withstanding any other provision of The very individual, Lynne Cheney, adopted yet. law, the National Education Goals then Chairman of the National Endow- Would his argument be different if Panel shall disapprove’’ these stand- ment for the Humanities, who came up this commission had in fact adopted ards in whatever form they ever come with much of the financing for this, to us. these standards? Well, of course not. finds these standards to be totally out- Mr. President, I have no disagree- His argument would be even stronger side of what she or the Endowment ex- ment with my friend from Connecticut that we should have nothing to do with pected or participated. about the substance of the proposed this process. Far better to express the And the critics are not from some standards that have been developed views of Members of this body, and I narrow group in the United States. under the funding of the National En- hope of the House of Representatives, They represent the broadest possible dowment for Humanities and the con- on a matter which is of deep concern to mainstream of American thinking. tract that Lynne Cheney let when she many of our citizens before some po- Former Assistant Secretary of Edu- was in that position. I agree there are tential final action has been taken cation, Chester Finn, now at the Hud- some serious problems there. But let us than to wait until afterwards. son Institute, called these history defer to that group primarily rep- But, Mr. President, this volume does standards ‘‘anti-Western,’’ and ‘‘hostile resenting States and allow them at not look like a rough draft. Nothing in to the main threads of American his- least to do some of their work before this volume, for which we have paid $2 tory.’’ Elizabeth Fox-Genovese, profes- we step in and dictate the result. Par- million, indicates that it is only ten- sor of history of women’s study at ticularly, let us not dictate the result tative, it is subject to huge revisions. Emory University declared ‘‘The sense as an amendment to a bill which is de- This is a set of standards which with- of progress and accomplishment that signed to end the imposition of Federal out regard to whether or not it is ap- has characterized Americans’ history mandates on State, local and tribal proved by a national entity has already of their country has virtually dis- governments. been distributed in some 10,000 copies appeared’’ from these standards. I think it is the height of irrespon- to educational administrators and in- The president of the Organization of sibility for us to proceed to adopt this terested people all across the United History Teachers, Earl Bell, of the Uni- amendment at this stage. I really do States which already has behind it the versity of Chicago Laboratory Schools, think those Governors and State legis- force of being a national project fi- called the world history standards lators who are serving on that National nanced with national money. ‘‘even more politically correct than Education Goals Panel deserve the I believe it more than appropriate U.S. history standards.’’ Charles chance to do the job which they are that this technically nongermane Krauthammer, writing in the Washing- giving of their valuable time to do be- amendment should be added to a bill on ton Post, said that these proposed fore we step in and try to overrule mandates, the bill we are discussing standards reflect ‘‘the new history’’ them and second-guess something here today. While the Goals 2000 entity, and ‘‘the larger project of the new his- which they well may decide not to do. the National Education Standards and tory is to collapse the distinction be- I have no reason to think they are less Improvement Commission, cannot en- tween fact and opinion, between his- patriotic or less concerned about a force its judgments on the States, they tory’s news and editorial pages. In the proper depiction of U.S. history than will certainly be given great weight by new history, there are no pages inde- we here in the Senate are. And I think each of these States. And that council pendent of ideology and power, no his- we should give them a chance to do the is a Federal entity. It may well be tory that is not political.’’ Herman right thing. made up of some Governors as well as Beltz, history professor at the Univer- Mr. President, I yield the floor. some Members of this body and some sity of Maryland said ‘‘I almost despair Mr. GORTON addressed the Chair. legislators and the like, but it is a na- to think what kids will come to college The PRESIDING OFFICER. The Sen- tional body created by the Congress with. I’m going to have to teach more ator from Washington. with a national purpose. basic things about the Constitution January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1035 and our liberal democracy.’’ Albert ing of our American history but of fu- ers who sit on that panel, about what Shanker, president of the American ture standards in other subjects which their responsibilities are for consider- Federation of Teachers, described the are still incomplete. We may yet be ing standards in the future? Should original draft of World History Stand- able to save the true goals of Goals they wait until we get some reading ards as ‘‘a travesty, a caricature of 2000. from the Congress as to whether or not what these things should be—sort of Mr. BAUCUS. Mr. President, could I there has been too much public con- cheap shot leftist view of history.’’ Fi- ask the Senator a question as to his in- cern? nally, of course, Lynne Cheney said tent in the future, if the Senator would I am just concerned that we are set- ‘‘the World History Standards relent- yield? ting a precedent which essentially lessly downgrade the West just as the Mr. GORTON. I am happy to yield. makes their job irrelevant or their role American history standards diminish Mr. BAUCUS. Mr. President, I ask irrelevant if we are going to have pub- achievements of the United States,’’ my colleague from Washington, Mr. lic debates in the Congress and pass both calling into question ‘‘not only President, if it would be his intent mandatory legislation dictating how the standard-setting effort but the every time a standard is developed for they are to proceed every time a new Goals 2000 program under which these consideration, that we in the Congress set of proposals comes forward. standards became official knowledge.’’ would pass legislation for or against Mr. GORTON. Mr. President, I say to In U.S. News & World Report, John that before the goals panel got a my friend from New Mexico, there is Leo wrote: chance to consider it? hardly an important commission or en- This won’t do. The whole idea was to set Mr. GORTON. My answer to the Sen- tity or agency in the United States unbiased national standards that all Ameri- ator from New Mexico is that is a very whose controversial decisions or oper- cans could get behind. Along the way the good question, to which the answer is ations do not create controversy or de- project was hijacked by the politically cor- ‘‘no.’’ bates on the floor of the U.S. Senate. rect. It is riddled with propaganda, and the I sense that educational goals are We are elected by the people. We American people would be foolish to let it likely to fall into two categories, one have strong views on particular sub- anywhere near their schools. of which is more likely to be controver- jects. Of course, frequently, well be- Mark my words: To vote against this sial than the other. Some of the stand- amendment is to vote approval of cer- ards in other areas—for mathematics, yond this particular council, we are tifying a set of books, in this case enti- for example, or for the teaching of going to have debates on ideas which tled ‘‘National Standards for United physics—will, I think, be very unlikely other people, appointed by the Presi- States History,’’ paid for by the Amer- to be found controversial or be driven dent or appointed by us, deal with. ican taxpayer, submitted to a Federal by ideology. As the Senator from New Mexico well organization for its approval. I want to In the case of a set of standards knows, there is not the slightest doubt repeat, we do not tell any school dis- which come from a narrow perspective, that we will be engaged in a debate trict or any State that if it wants to a narrow political perspective, it is cer- sometime later this year on the future treat this as a bible that it is forbidden tainly possible that there will be future of the Corporation for Public Broad- to do so. All we do is to tell an organi- debates, as there ought to be. I think casting, and Members will attack and zation we created that it is not to cer- the future debates are more likely to defend the way in which Federal money tify these standards. That they are un- be driven by public reaction to these is spent by that independent organiza- acceptable. That they denigrate the standards than they are by the pref- tion, as it is by a myriad of other orga- Western and the American experience, erences of individual Members of the nizations. ignore the most important achieve- Senate. This Senator was made aware As for the meeting a week from Sat- ments of our history, and that if the of the standards by the blizzard of crit- urday of this particular Commission, I Federal Government wants to do this icism which they created almost from would be astounded if this amendment job it ought to start over and do it the day that this book was published. were the law by then. Certainly the again with people who have a decent Now, by the fact that so many tradi- speed with which we have dealt with respect for American history and for tional historians in the United States this unfunded mandates bill so far civilization. find them so terribly objectionable, my hardly indicates that it is going to be I am a Senator who, unlike my dis- deep hope, I say to the Senator from through this body and the House of tinguished colleague who sits next to New Mexico, as a member of this na- Representatives, the differences be- me here, the junior Senator from Kan- tional commission, will be that a de- tween the two settled, on the Presi- sas, who voted in favor of Goals 2000 cent respect for American traditions in dent’s desk and signed by the President and in favor of national standards. And the future in this and in the study of by a week from Saturday. like others now seriously must ques- other kinds of social services on the So I suspect that legally, at least, tion my own judgment in doing so, if part of those academics who generally that Commission will be perfectly free this is the kind of product which is dominate their writing such standards, a week from Saturday to take what- going to arise out of that process. will result in no action at all on the ever action it wishes. I believe very firmly that if we are to part of the Congress, because while I strongly suspect that many of those have national standards, if we are to there may be elements of controversy who are elected to positions in their have support not only of this Congress and particular standards, that con- own States and are appointed members but of the American people for national troversy will not reach the fundamen- of this Commission may have reached standards in education and various tal basis of the very philosophy or ide- the same conclusion that I and others subjects, we must do much better than ology out of which they arise. have at this point, and I strongly sus- this. Not later. Not a year from now. So I hope that this is not only the pect that they will give great weight to Not 3 years from now. This is the time first time that we take up a subject the way in which this vote comes out. to say, ‘‘This doesn’t measure up.’’ It like this, but the last time. But they are going to give that great does not reflect the American experi- Mr. BINGAMAN. Mr. President, let weight either way. ence. It is not an outline of what we me just ask one additional question. If we vote in favor of this amend- should be teaching our children about The education goals panel, to which we ment, even though it has not become the history of this country, and for are here giving instructions prohibit- law, I think that will greatly influence that matter, the history of the world. ing them from taking certain action, is that council in rejecting these stand- The vote, like it or not, is on whether scheduled to meet a week from Satur- ards. By the same token, if we turn or not you agree or disagree with what day here in Washington, with Governor down this amendment, my opinion is has been produced here. Turn down this Bayh—I believe he is the new Chair of that many members of that council amendment, we are telling this na- the education goals panel. will, in effect, say the Congress has ap- tional council ‘‘everything is OK; ap- What is the Senator intending to do proved these standards and they ought prove it, and go right ahead.’’ Accept by this action, by this vote, by this to go ahead and do so themselves. the amendment and we will have a amendment? What is he intending to The PRESIDING OFFICER. Is there positive impact not only on the teach- tell that group of Governors, and oth- further debate on the amendment? S 1036 CONGRESSIONAL RECORD — SENATE January 18, 1995 Mr. LEVIN. Mr. President, I suggest myself come from local government. I 4 murders, and 3 attempted bombings. the absence of a quorum. had to deal with the most ludicrous That is what is going on in America. The PRESIDING OFFICER. The mandates in the 1980’s that you could I think we should be able to agree in clerk will call the roll. believe. I would love to be able to get a bipartisan fashion to a very simple The assistant legislative clerk pro- a bill before us that does not go too far, statement that we call on the Attorney ceeded to call the roll. that is sensible. And I want to work to- General to fully enforce the law and to Mrs. BOXER. Mr. President, I ask ward that end. I have a number of come back to us if she thinks other unanimous consent that the order for amendments that deal with it. measures should be taken. My good- the quorum call be rescinded. But I thought, as reasonable men and ness, we are not asking for more dol- Mr. GORTON. Objection. women, we could respond to a terrible lars here. We are not asking for any- The PRESIDING OFFICER. Objec- problem we have in our country, and I thing more than the law be fully en- tion is heard. was very heartened when I had biparti- forced and that, if for some reason, The assistant legislative clerk con- san support. The Senator from Maine more needs to be done, that we be told tinued the call of the roll. and I worked in a bipartisan fashion to about it. Mrs. BOXER. Mr. President, I ask speak to the majority leader, to speak I want to hold up, here, a poster unanimous consent that the order for to the new chairman of the Judiciary which is a sample of what is being dis- the quorum call be rescinded. Committee. This goes back many days tributed across America today. It is a The PRESIDING OFFICER. Without ago. Can we not set aside the bill for a ‘‘wanted’’ poster, with pictures and objection, it is so ordered. very short time, the unfunded man- names of physicians. The language is Mrs. BOXER. I thank the Chair. dates bill, to take up this resolution in frightening. ‘‘Wanted for killing un- I rise to speak about where we are at a bipartisan spirit and move on? born babies in the South Bay.’’ This is this time with this bill, to make the I waited. I was very patient, because from California. The language is vio- point that I have been basically on my I really wanted to get this done in the lent language, and I hope that the peo- feet since 12 noon trying to offer a very appropriate spirit of cooperation. The ple behind these kinds of posters will important and timely amendment that manager of the bill, someone I have rethink their language. has bipartisan support, that is about an grown to respect and admire and like, I know they are committed to an issue of great importance to the people has been very open with me. I have to issue that they feel deeply about. I de- of this country because, indeed, it is say the majority leader himself has fend their right to peacefully protest. about law and order in this country. continued the dialog with me. How- As a matter of fact, if they were not On December 30, there was a horrible ever, he has informed me that he does able to do that, I would join them in shooting in Massachusetts at a health not want this to be pursued; that he that fight, I believe so much in Amer- care clinic. will block my every effort to offer this ica and freedom of speech. But I do The following day there was a shoot- as a second-degree amendment to the think, again, we have often used the ing in Virginia, at a health care clinic. committee amendments in the hope example: We have freedom of speech, Obviously, at that time, the U.S. Sen- that I can work out an agreement with but when we yell ‘‘fire’’ in a crowded ate, this 104th Congress, had not taken some of those on the Republican side of theater, perhaps it is going to lead to its place here and we were unable to re- the aisle who objected to this coming something horrible. spond, as I know we would have in a forward. This is leading to something horrible, timely fashion, to condemn the vio- I have to say, both sides of the aisle to people being killed. I have met the lence and to call on the Attorney Gen- put out what we call a hotline here to families of these physicians who have eral to take the appropriate action to advise Senators that this was a pro- been murdered. They lost dads and ensure the safety of those innocent posal, and on the Democratic side there they have lost moms. I met the fami- people at those clinics around this was no objection. There was objection lies of the volunteers who helped the country. As soon as I got back here I on the Republican side. The majority women trying to obtain their health made a number of calls to Democrats leader would like to work this out. care, one of them a retired military and Republicans and I put together a I have read my amendment over. person, shot down dead trying to pro- resolution which currently has 21 co- There was one phrase in it that I tect women exercising their rights. So sponsors, some of them from the Re- agreed we could change. I offered to when you say, ‘‘How can a doctor de- publican side of the aisle. make that change. I have to tell you, I liver babies one day and kill them the I knew that this Senate had a lot of think the amendment as it stands is next,’’ you have to think about the important business, but I also believed very reasonable. It only has a small re- words that you are using. in my heart we would take 60 minutes solved clause: I hope that we will come together on or 30 minutes, or some time to go on all sides of this issue and recognize It is the sense of the Senate that the Unit- record, speaking out as Americans— ed States Attorney General should fully en- that we resolve our problems here in not Republicans, not Democrats— force the law and recommend to Congress America, not the way they do it in Americans speaking out against that any further necessary measures to protect Bosnia, not the way they do it in Haiti, violence. persons seeking to provide or obtain or assist not the way they do it in Russia, but I was very hopeful when I heard the in providing or obtaining reproductive by fighting for laws that we think are majority leader, the new majority health services from violent attack. right. And by the way, we passed one of leader, Senator DOLE, speak out on na- I cannot imagine any reasonable per- those laws, and we did it in a biparti- tional television, condemning the vio- son opposing that ‘‘resolved’’ clause. I san way. But it seems to me that as we lence and saying that he was appalled have looked at it again and again. We went on record then, we should go on at the violence. I said to myself, we are calling on the Attorney General to record now. will have bipartisan support so we can fully enforce the law and recommend Since 1982 the Bureau of Alcohol, To- go on the record in this U.S. Senate. I to Congress any further necessary bacco and Firearms has investigated know my Republican friends have a measures needed to protect decent peo- 148 clinic bombings and arson causing contract, a Contract With America or ple. $12 million in property damage. Doc- for America—or on America, some peo- I think it is important to note that tors working in clinics go to work ple call it—and they believe in that there have been over 1,600 incidents of every morning haunted by murderers. contract. Some of the things in there arson, bombing, vandalism, and assault They have their homes picketed and are good. A lot of it is awful, in my against reproductive health care clin- their children followed to school. At opinion. And they are on a timetable to ics and the people who work there one time one of the organizations move that through. since 1977. This is not a problem that mounted a national campaign called But I have to say that, while I be- has started yesterday. Last year, there ‘‘No Place to Hide’’ complete with lieve the bill before us is very impor- were over 130 incidents, 50 reports of ‘‘Abortion Busters Manual on How to tant—and I say to the occupant of the death threats to doctors and other clin- Attack.’’ They placed doctors’ names chair I know how much he worked, so ic workers, 40 incidents of vandalism, and addresses on ‘‘wanted for murder’’ hard on this unfunded mandates bill. I 16 incidents of stalking, 4 acts of arson, posters, distributed fliers listing the January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1037 times, dates, and places for picketing here as long as it takes so that this But could I, first of all, suggest the ab- medical clinics and physicians’ homes Senate goes on record in a bipartisan sence of a quorum. and churches. And other groups put out way and says this killing, this violence The PRESIDING OFFICER. The a handbook calling it a ‘‘How-to Man- is wrong, and says in a bipartisan way clerk will call the roll. ual of Means to Disrupt and Ultimately we call on the Attorney General to do The assistant legislative clerk pro- Destroy Satan’s Power to Kill Our all she can to protect those clinics. ceeded to call the roll. Children.’’ The book provides 99 covert I yield the floor. Mr. WELLSTONE. Mr. President, I ways to stop abortion. It advocates Mr. WELLSTONE addressed the ask unanimous consent that the order ‘‘Super Glue’’ for jamming locks on Chair. for the quorum call be rescinded. clinic doors, cutting off water power, The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER (Mr. breaking windows, spray painting ator from Minnesota. CRAIG). Without objection, it is so or- walls, and expresses ways to use muri- Mr. WELLSTONE. Thank you, Mr. dered. atic acid—I have talked to people who President. I will be brief. Mr. WELLSTONE. Mr. President, I worked in clinics who are aware of I would like to thank the Senator ask unanimous consent that we set this—including injecting it into the from California for her words on the aside the pending committee amend- clinic ceilings and ventilating systems. floor of the Senate. As I understand it, ment and call up the committee The book also has a recipe for home- this is a sense of the Senate. It is the amendment on page 33 so that I can made plastic explosives and sugges- sense of the Senate that the U.S. At- offer an amendment to that amend- tions on how to make a bomb threat torney General should fully enforce the ment. and techniques for uncovering unlisted law and recommend to the Congress Mr. NICKLES. Mr. President, I object phone numbers and addresses. In a sec- any further, necessary measures to for the time being. tion of the book claiming to be an protect persons seeking to provide, or The PRESIDING OFFICER. Objec- interview, a member of this organiza- obtain or assist in providing or obtain- tion is heard. tion says, ‘‘I ask you what would you ing, reproductive health services from Mr. WELLSTONE. Mr. President, do if your very own child was scheduled violent attack. just so my colleague from Oklahoma for execution in the morning.’’ And the Might I ask the Senator, is this what and others following will know what I answer comes back in this book: ‘‘One, she wants the U.S. Senate to go on am trying to do here, like the Senator blow the place to kingdom come; and, record for? from California, I am anxious to get on be there with all the guns and ammuni- Mrs. BOXER. If the Senator will with amendments. My understanding tion in the morning just in case.’’ yield, that is correct. was that the committee amendment on I cannot believe we cannot take an Mr. WELLSTONE. Mr. President, I page 33, if we could put aside this com- hour’s time out on a bipartisan resolu- just would like to say to people in the mittee amendment and move to that tion like this simply calling on the At- country, citizens around the country, committee amendment, I might be able torney General to do all she can do en- that quite often—I have only been in to offer an amendment to that amend- force the law, the law that we passed in the Senate now for 4 years; that puts ment. a bipartisan fashion. I have been so me in my first term—but quite often I do not think it is an amendment willing to cooperate with the majority what we could be doing, the delibera- that is controversial. I am trying to leader, and to his credit he has been tive body that we are, is while we are get an amendment up on the floor very direct with me, I will say that. working on a piece of legislation when which deals with the whole issue of But I have been blocked from offering there are compelling issues before us, whether or not as a part of how we look this. then we bring amendments out that we at accountability committees would I do not ever remember blocking any- think are important whereby the Sen- not be required, if they were going to one from the other side from offering ate takes a position on an extremely file reports, to have a child-impact an amendment. I really might fight important question. statement. So it is an amendment that their amendment. I might argue I have to say, given the murders that is straightforward. I am prepared to against their amendment. But I never have taken place in this country re- agree to a time limit. It is an ex- tried to block their ability to offer an cently—and murder is never legiti- tremely important amendment. That is amendment. I am very saddened that mate—the amendment of the Senator the amendment I am trying to bring to this is where we are. I think the Amer- from California is extremely impor- the floor. ican people must wonder. We are debat- tant. I think people should know that I gather that my colleague from ing mandates. That is good. But that basically what has happened here is Oklahoma has not changed his view on mandate law is going to take a while to that she is blocked from offering her this matter. Mr. President, I have tried be put in place. It will create a huge amendment. with all my might, and I am blocked bureaucracy. You should be ready for Mr. President, for the life of me, I do from bringing up the amendment at it. I mean, that mandates bill will have not understand why we could not bring this point. I am anxious to get going bills make more stops than the local this amendment out on the floor, why with amendments and a discussion, and bus on the way to becoming a law. And it could not be a sense of the Senate I hope soon there will be some sort of we will debate that. passed. I think it is a terribly impor- break in this impasse. But this amendment is merely a tant amendment. It is a sense of the Mr. President, I yield the floor. sense of the Senate that puts the Sen- Senate, but it is an amendment that Mr. GLENN. Mr. President, what is ate on record in a bipartisan way. All says that all of us, Democrats and Re- the legislation before us now? Exactly we are saying is, ‘‘Attorney General, publicans alike, care fiercely about law what is the pending business? enforce the law. Enforce the law even if and order and care fiercely about pro- The PRESIDING OFFICER. The Dole you need to come back and tell us what tecting people’s constitutional rights, amendment to the Gorton amendment. else you have to do.’’ that we are opposed to murder, that we Mr. GLENN. The Dole amendment We know one American who killed are willing to take a strong position on would modify the—— Dr. John Britton and his volunteer es- this. The PRESIDING OFFICER. The Dole cort James Barrett outside of the clin- So I thank the Senator for her amendment is an amendment to the ic in Florida. He claimed it was justifi- amendment. I hope that we will be able Gorton amendment. able homicide. This Senate cannot sit to bring this to the floor and have an Mr. GLENN. Second degree. back. I know we move slowly, but these up-or-down vote. The PRESIDING OFFICER. That is incidents occurred at the end of De- Mr. President, if there are no other correct. cember. We have yet to go on record. I Senators seeking recognition or inter- Mr. GLENN. I suggest the absence of think that is wrong. I think that is ested in speaking right now, I would be a quorum. horribly wrong. pleased to yield the floor. Otherwise, I The PRESIDING OFFICER. The So, Mr. President, I look forward to would like to suggest the absence of a clerk will call the roll. being able to get this resolution before quorum. I would like to see whether I The assistant legislative clerk pro- the body. And I will continue to stay cannot get an amendment to the floor. ceeded to call the roll. S 1038 CONGRESSIONAL RECORD — SENATE January 18, 1995 Mr. GREGG. Mr. President, I ask were going to be enforced on the local role in defining our course in history as unanimous consent that the order for school districts by using the funding a Nation are virtually ignored. the quorum call be rescinded. mechanisms of the Federal Govern- History is about individuals, whether The PRESIDING OFFICER. Without ment as a club to require compliance. you like that or not. History is about objection, it is so ordered. And so now we have a curriculum ex- individuals. Individuals have a major Mr. GREGG. Mr. President, I rise in ercise coming again from the national impact on the course of our lives. The support of the amendment offered by level which will inevitably, in my opin- study of major individuals within his- the Senator from Washington, which ion, lead to a top-down directive as to tory is necessary if you are going to addresses the issue of national stand- how a curriculum should be structured understand the course of history. ards in the area of U.S. history and in this country. There are a lot of prob- You cannot possibly understand 20th world history. lems with that, but there are especially century world history unless you un- This amendment is very appropriate a lot of problems with that when the derstand Adolf Hitler, or Joseph Stalin, in light of the discussions which have curriculum which is designed, and or Lenin. You cannot understand recently occurred and the presentation which is being put forward by the na- American history unless you look at which has been made now by this na- tional organizations, is so biased and people like Daniel Webster and what he tional standards proposal. so editorial in comment. did, or Thomas Edison and what he did, The question which is before us real- This is a curriculum which spends or Albert Einstein and what he rep- ly is: Is it appropriate for the Federal very little time addressing the sub- resented, or the Wright Brothers and Government to be in the business of stance of history and the facts of his- what they represented. setting national standards which, al- tory and spends a great deal of time Yet, this new curriculum would es- though voluntary in name, in actual presenting the editorial comment on sentially ignore the concept that indi- fact may end up being standards that history and a revisionist view of his- viduals matter and would base its will be used throughout the country tory. As has been mentioned before, thought process on a revisionist view and will inevitably be enforced upon within these standards, eight times we of what history is and how individuals many school districts in this country? see the American Federation of Labor impacted it. Once you have a group which has mentioned. We see Senator McCarthy The proposal, as it comes forward, for been funded by the Federal Govern- mentioned 19 times. Ku Klux Klan is all intents and purposes, ignores the ment to the tune of $2 million, produc- mentioned 17 times. Granted, the cold war as a confrontation of ideology. ing a set of national standards in any American Federation of Labor did have The Soviet system, which was an out- curriculum activity, it is inevitable a major impact on American history, growth of Marxism, does not even dis- that those standards will be used by and Joseph McCarthy had an impact— cuss the concept, for all intents and local groups within activist edu- passing at best—on American history. purposes, that it was the United States cational communities to try to force The Ku Klux Klan was a representative culture of freedom, of individuality, of that curriculum on local school boards of a reprehensible period in our his- individual rights going up against a and local school districts. In fact, I tory. But if you are going to put that culture of totalitarianism, of collec- think it is logical to presume that once much time into those types of activi- tivism, and of the usurpation of the in- a national standard has been set and ties, why and how could you possibly dividual and the replacement of indi- defined by some group which has re- ignore the mention, as has been point- vidual rights with the right of the ceived the imprimatur of the Federal ed out here, of the undertakings of peo- State. That confrontation, over which Government, you will see that that ple like the Wright Brothers, Thomas this country spent billions of dollars standard is aggressively used as a club Edison, Albert Einstein? It does not and lost many, many American lives is, to force local curriculums to comply really get into the issue of who the for all intents and purposes, passed with that national standard. combatants were in World War I, or the over as a casual event, an event that is This is something that concerned me factual events that created the War of not of enough significance to spend a greatly when we took up the issue of 1812, and what the battle of New Orle- great deal of time on or an event which Goals 2000, and I argued aggressively at ans was all about, for example. If you is caricatured through the representa- that time that it was a mistake to set want to take a historical event that tions of somebody like Joseph McCar- up this national school board called ought to at least be pointed out in our thy. NESIC. By setting up that national history books, that allowed for the The rewriting of history, I believe, school board you were essentially cre- opening up of the entire West. It would we found throughout various cultures ating a situation where the term ‘‘vol- not have occurred without it. That list is extremely risky. A culture that lies untary’’ was actually illusory. You goes on and on. to itself about what its history was, would end up where the Federal Gov- Then in the area of discussing how tries to undertake revisionist history ernment would start defining what we as a culture came together, the fact and teaches its children revisionist his- would be in the curriculum of the local that we are a Western-based culture tory, is a culture that is going out on school districts, and they would have appears to be something that this his- thin ice. This was seen in most recent to comply with that not only because torical standard which is being pro- examples in this century in the Soviet local educational activists would start moted here tries to ignore, possibly history system or in the Chinese his- litigating for compliance and claiming even reject, and certainly undermines, tory system as it presently exists that local school districts which were as it spends an incalculable amount of today or, of course, in the German his- not in compliance were therefore not time pressing the logic that should be tory system of the 1930’s and early teaching properly, but also because of taught as being the logic of Muslim 1940’s where, essentially, people who the fact that funding from the Federal scholars and scholars who really have have a political philosophy—totally re- level will inevitably, at some point, be very little relevance to what is the pugnant, of course, in our terms, but it tied into whether or not local school core culture of the American society, was a political philosophy—defined his- districts are complying with these na- which is Western, whether you like it tory in terms of their political philoso- tional standards. or not; that is what we come from. You phy. In fact, when we took up the elemen- cannot really understand America’s One cannot look at this book which tary and secondary school bill, that heritage unless you understand our has been proposed on American history was the exact attempt that was made. Western culture. You also cannot un- and not conclude that what we have It was fought off here in the Senate by derstand our Government, or the way here is a group of folks who wanted to those of us who were members of the we function, unless you at least have define American history in the terms conference committee, and it did not passing knowledge with people like of their political philosophy. They end up being the final law. But it was Henry Clay, Daniel Webster, and even have, it appears, only a passing inter- an aggressive attempt made to apply to historical figures like Paul Revere, and est in factual history; virtually no in- local school districts national stand- the people who fought for the Sons of terest, actually, in factual history; and ards in the area of opportunity to Liberty in Boston. Yet, these individ- a deep interest in cultural history, but learn, and those national standards uals who played a fairly significant it is a cultural history which they are January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1039 going to define in their terms and and reinvent the wheel? I am just going future time. This will also help the under their procedure. OK, if they want to take over what has been done by the progress of the underlying bill, S. 1, it- to view history that way, that is their Federal Government. After all, it has self. decision. If that is the way these folks been done by the Federal Government, AMENDMENT NO. 139 TO AMENDMENT NO. 31, AS who have decided to rewrite American so who could ever argue with me,’’ I, MODIFIED history wish to view our times and the the publisher, ‘‘if I undertake the re- Mr. GORTON. With that in mind, Mr. times of our ancestors, that is their de- publication of this document basically President, I ask unanimous consent cision. But the problem here is that in the form it was produced?’’ that the Dole second-degree amend- they are taking that view of the world And so we have created a situation ment be modified in the fashion which and they are putting it upon edu- where, I suspect, inevitably the core I have already sent to the desk. cational systems throughout this coun- elements of this cultural document Mr. GLENN. Mr. President, reserving try by having it nationalized and hav- will end up being part of the text in a the right to object, I do not believe I ing it receive the imprint of appro- textbook initiative which will be pro- will object, but I want to clarify this. priateness, the seal of correctness, moted across the country, and it will through Federal financing and what have been done at taxpayers expense Ordinarily, a person who puts in the will probably be Federal activity and at our history’s cost. And that will amendment would modify his own through the national school board, be unfortunate. amendment. Is this something the Sen- NESIC. I hope that the publishers of this ator has worked out with the majority And that is what is wrong with it. It country who produce our textbooks leader? is not only incorrect history, in my will take note of the debate on this Mr. GORTON. Mr. President, I an- humble opinion—and I guess people can floor and sense the significant concern swer my friend, it is the second-degree disagree with that—and very much re- that is being expressed here about the amendment to my original first-degree visionist history and politicized his- quality of the workmanship of this amendment that was prepared by the tory and editorialized history, but it is product, because it is not good quality majority leader as a courtesy to me. I also an attempt to take that editorial and it does undermine the teaching of have worked it out with his office and viewpoint and subject school districts history in this Nation, in my opinion. he agrees to it. throughout this country to it by des- So I wish to associate myself with Mr. GLENN. Mr. President, I will not ignating it as the correct history. the comments of the Senator from object. Well, I do not believe that the Fed- Washington. The PRESIDING OFFICER. Without eral Government should be in the busi- I also wish to associate myself with objection, it is so ordered. ness of defining the correct history. the Senator from Kansas when she The amendment will be so modified. And I certainly do not feel it should de- came to the floor earlier and stated The amendment (No. 139), as modi- fine the correct history for the State of that she intended to offer an amend- fied, to amendment No. 31, is as fol- New Hampshire or for the school sys- ment to repeal NESIC and end this na- lows: tems within my State. And I especially tional school board experiment. It Strike all after ‘‘SEC.’’ and insert: do not appreciate it when that correct should never have been proposed in the ‘‘ NATIONAL HISTORY STANDARDS. history is so grotesquely biased in its first place. It was a mistake and we ‘‘(a) IN GENERAL.—It is the sense of the presentation. should terminate it right now. The Senate that the National Education Goals There was some discussion earlier by Federal Government does not have a Panel should disapprove, and the National a Senator as to the effect of the draft- role in this area, and it certainly Education Standards and Improvement ing of this even if it is not endorsed by should not be putting taxpayers’ dol- Council should not certify, any voluntary NESIC. I think we need to look at that, lars at risk in this area. national content standards, voluntary na- because this is the first exercise of this I yield back my time. tional student performance standards, or cri- nature that has come forward. Mr. GORTON addressed the Chair. teria for the certification of such content and student performance standards, on the I am extremely concerned that, be- The PRESIDING OFFICER. The Sen- subject of world and United States history, cause of the nature of the community ator from Washington. developed prior to February 1, 1995. of historians who dominate the intel- Mr. GORTON. Mr. President, I thank ‘‘(b) SENSE OF THE SENATE.—It is the sense lectual process of defining our history my friend from New Hampshire for his of the Senate that— in this country, we are going to find eloquent support. ‘‘(1) voluntary national content standards, that this correct history will become During the period of time this was voluntary national student performance the standard of the new textbooks. actively debated between myself and standards, and criteria for the certification Anybody who has had the experience the distinguished Senator from New of such content and student performance standards, on the subject of world and Unit- of dealing with American history text- Mexico and others, he and I have ed States history, established under title II books knows that they go in sort of reached an agreement, which I find to of the Goals 2000: Education America Act fads. They go through periods of one be most constructive. As a result of should not be based on standards developed textbook being in and the next text- that agreement, I intend in just a mo- primarily by the National Center for History book being appropriate. And because ment to ask unanimous consent to in the Schools prior to February 1, 1995; and textbooks are so expensive for school modify the Dole second-degree amend- ‘‘(2) if the Department of Education, the systems and so expensive to produce, ment, to modify it in a manner which National Endowment for the Humanities, or they tend to be single entities that be- would turn it from a statute to a sense- any other Federal agency provides funds for the development of the standards and cri- come very big best sellers and domi- of-the-Senate resolution. teria described in paragraph (1), the recipi- nate the curriculum within the school Since technically if the committee ent of such funds should have a decent re- systems. amendment to strike is ultimately spect for the contributions of western civili- My concern is that what we have cre- adopted it will all fall. In any event, zation, and United States history, ideas, and ated here is the ability of an insidious the most important, the vital part of institutions, to the increase of freedom and monster. I guess all monsters are insid- what we are doing is really to express prosperity around the world.’’ ious, but this one is especially so be- the views of this Senate to this Na- Mr. BINGAMAN. Mr. President, I cause, as a practical matter, what we tional Education Standards and Im- would like to comment and thank my have created here is the core of what I provement Council. colleague from the State of Washing- suspect textbooks are going to look to. It will do so in the fashion that I ton for his willingness to work with me Because if you are a textbook creator asked for. We will have a vote on it. to modify this amendment. I have de- and a writer or publisher, you are The vote will be far more one-sided voted considerable time and effort to going to say you want to pick the than it would have been on the original the National Education Goals Panel course of least resistance and the easi- amendment, and I have every con- and I appreciate Senator GORTON’s un- est approach. You are going to say, fidence that the National Standards derstanding of my concerns about the ‘‘Well, here is the Federal Government Council will listen to what the Senate role of that Panel and especially about that spent $2 million to produce this has to say. If it does not, any Member preserving the national character of cultural treatise. Why should I go out is free to bring up the subject at any the Panel and its work. In adopting S 1040 CONGRESSIONAL RECORD — SENATE January 18, 1995 this amendment we are expressing displeas- vides a process for a through and objec- The result was announced—yeas 99, ure with the current version of the national tive review and certification of the nays 1, as follows: history standards, but we are also saying two standards. [Rollcall Vote No. 23 Leg.] very important things: The distinguished Americans serving First, that the U.S. Senate is not YEAS—99 interfering with the National Edu- on the panel have been assigned the re- Abraham Feingold Lugar cation Goals Panel doing its work and sponsibility of making judgments on Akaka Feinstein Mack the criteria for certification and on the Ashcroft Ford McCain performing its duties under the law; Baucus Frist McConnell and overall determination as to whether a Bennett Glenn Mikulski Second, that the U.S. Senate is not specific set of standards should be cer- Biden Gorton Moseley-Braun tified. Bingaman Graham Moynihan interfering with the appointment of Bond Gramm Murkowski the work of the National Education The Panel includes Senators BINGA- Boxer Grams Murray Standards and Improvement Council or MAN and COCHRAN, Congressmen GOOD- Bradley Grassley Nickles the performance its duties under the LING and KILDEE, Governors Jim Edgar Breaux Gregg Nunn of Illinois, John Engler of Michigan, Brown Harkin Packwood law. Bryan Hatch Pell I think these are important points to Daniel Fordice of Mississippi, Evan Bumpers Hatfield Pressler make as we take this action. Bayh of Indiana, Jim Hunt of North Burns Heflin Pryor Again, my thanks to Senator GORTON Carolina, Roy Romer of Colorado, and Byrd Helms Reid Campbell Hollings Robb for his courtesy and understanding Christine Todd Whitman of New Jer- Chafee Hutchison Rockefeller with respect to this very important sey. Secretary of Education Richard Coats Inhofe Roth issue. Riley is also a member of the panel. Cochran Inouye Santorum Cohen Jeffords Sarbanes Mr. LEVIN. I want to commend Sen- The amendment says, in effect, that Conrad Kassebaum Shelby ator BINGAMAN of New Mexico, for his the Senate does not trust the judgment Coverdell Kempthorne Simon successful effort to modify the Gorton of these distinguished officials serving Craig Kennedy Simpson amendment. The modified amendment D’Amato Kerrey Smith on the panel to carry through their re- Daschle Kerry Snowe expresses a sense of the Senate but sponsibilities and determine whether DeWine Kohl Specter does not bind the panel on which Sen- history standards are appropriate. Dodd Kyl Stevens ator BINGAMAN serves. We have asked In approving the Goals 2000, Congress Dole Lautenberg Thomas that panel to serve as independent per- Domenici Leahy Thompson took great care to assure that the im- Dorgan Levin Thurmond sons bringing their own experiences portant and sensitive process of certifi- Exon Lieberman Warner and talents to an important task. They cation would be carried out in a careful Faircloth Lott Wellstone should not be dictated to by Washing- and thoughtful way. We should let the NAYS—1 ton if we wish them to sue their best panel do its work and I urge my col- Johnston judgment and to usefully spend their leagues to reject the amendment. So the amendment (No. 139), as modi- valuable time. The modification allows Mr. GORTON addressed the Chair. fied, to amendment No. 31, was agreed for that independent functioning to The PRESIDING OFFICER. The Sen- continue. I particularly commend Sen- to. ator from Washington. The PRESIDING OFFICER. We now ator BINGAMAN for his energy in Mr. GORTON. Mr. President, I be- achieving the modification and to Sen- have amendment 31, as amended, before lieve a rollcall has already been or- ator GORTON for agreeing to modify his the body. dered on this second-degree amend- original language. Mr. KEMPTHORNE. Mr. President, I ment. Also, if there are no other per- Mr. KENNEDY. Mr. President, I rise move to reconsider the vote. sons that wish to speak, I am ready to in opposition to Senator GORTON’s Mr. ROBB. I move to lay that motion have a rollcall vote. amendment. I do not oppose the prin- on the table. ciple that national standards in history Mr. BYRD. Mr. President, would the The motion to lay on the table was for the Nation’s schools should respect distinguished Senator add my name as agreed to. our country’s roots in Western civiliza- a cosponsor to his amendment? Mr. KEMPTHORNE. Mr. President, I tion. I completely agree with that con- Mr. GORTON. Mr. President, I would would suggest the absence of a quorum. cept. It is vitally important that our do so now, as I have forgotten another Mr. HOLLINGS addressed the Chair. students learn that the foundations of matter. I ask unanimous consent that The PRESIDING OFFICER. The ab- our democracy owe a great debt to our the distinguished Senator from West sence of a quorum has been suggested. European ancestors. Virginia be added as a cosponsor to the The clerk will call the roll. The National Center for History in amendment as modified. The legislative clerk proceeded to the School is the group that received The PRESIDING OFFICER. Without call the roll. the contract to develop the history objection, it is so ordered. Mr. HOLLINGS. Mr. President, I ask standards. It has a sole source contract Mr. GORTON. Mr. President, I ask unanimous consent that the order for awarded by President Bush’s Director that this Senator be added as a cospon- the quorum call be rescinded. of the National Endowment for the Hu- sor to the amendment as modified. Mr. KEMPTHORNE. Mr. President, I manities, Lynn Cheney. The Center The PRESIDING OFFICER. Without object. agreed with critics, and it will revise objection, it is so ordered. The PRESIDING OFFICER. Objec- the standards and reissue them this Mr. GORTON. Mr. President, I ask tion has been heard. The clerk will con- next spring. unanimous consent that the senior tinue the call of the roll. But this amendment represents ex- Senator from Texas [Mr. GRAMM] be The legislative clerk continued with treme congressional interference in the added as a cosponsor to the original. the call of the roll. work of the National Education Goals The PRESIDING OFFICER. Without Mr. BYRD. Mr. President, I ask unan- Panel. This distinguished and inde- objection, it is so ordered. imous consent that the order for the pendent group was created by Presi- Mr. KEMPTHORNE. Mr. President, I quorum call be rescinded. dent Bush, Governor Clinton, and other believe all Senators who wish to ad- The PRESIDING OFFICER. Without Governors after the Education Summit dress this particular issue have done objection, it is so ordered. in 1989. Last year, in the Goals 2000 so. It would be in order, so I suggest we Mr. BYRD. Mr. President, if I might Act, Congress endorsed the Goals Panel go forward with the vote at this time. have the attention of Mr. KEMPTHORNE and gave it statutory authority to re- The PRESIDING OFFICER. If there and the managers on our side? view any standards that were volun- is no further debate, the question is on The PRESIDING OFFICER. The Sen- tarily submitted to it. agreeing to the amendment numbered ator will suspend. The Senate is not in A process of certification for vol- 139, as modified. The yeas and nays order. untary national and State standards have been ordered. The Clerk will call The Senator from West Virginia. was established by Congress last year the roll. Mr. BYRD. Mr. President, I note in in title II of the Goals 2000 Act. It pro- The legislative clerk called the roll. both committee reports, the report by January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1041 the Committee on Governmental Af- The agency will void the mandate if the gress or it can modify it. I am dis- fairs and the report by the Budget appropriations committee at any point in turbed about that. I would like to Committee, the following language— the future provides insufficient funding to hear—— states, local governments, and tribal govern- page 12 of the committee report from ments to offset the direct cost of the man- Mr. KEMPTHORNE. Will the Senator the Committee on the Budget; page 15 date. yield? from the committee report of the Com- 2. The agency [meaning an instrument of Mr. BYRD. Yes. Yes. mittee on Governmental Affairs. Let the executive branch] can provide a ‘‘less Mr. KEMPTHORNE. Mr. President, me read this. Then I want to make an money, less mandate’’ alternative, but this on page 12, as you read this, you will inquiry. alternative requires the authorizing legisla- note that it does state in parentheses— Mr. President, I read as follows. I will tion to specify clearly how the agency shall and this is very important, ‘‘pursuant implement that alternative. presently read from the report of the to criteria and procedures also pro- Committee on the Budget, page 12: Mr. President, I do not believe that vided in the mandate legislation.’’ this body should pass worrisome provi- This section provides two new Budget Act In other words, we do not leave this points of order in the Senate. The first sions such as this, that may lead to at the discretion of an agency. The makes it out of order in the Senate to con- greater litigation and further com- agency itself will be determined by the plicate the issue. I understand that sider any bill or joint resolution reported by authorizing committee. They will so this provision—and I hope that I can a committee that contains a Federal man- state, which Federal agency will be date unless a CBO statement of the man- verify this by one or both managers on dealing with this. date’s direct costs has been printed in the both sides of the aisle—I understand In that legislation also, I say to the Committee report or the Congressional that this provision was not in S. 993; Record prior to consideration. The second am I correct? Of last year? Senator, they will choose one of those point of order would lie against any bill, Mr. GLENN. Yes, that is correct. two options. If they choose the option joint resolution, amendment, motion, or con- that states that should a subsequent ference report that increased the costs of a That is not in S. 993. Mr. BYRD. So this was not in the bill appropriations bill not provide full Federal intergovernmental mandate by more funds, then that authorizing commit- than the $50,000,000, unless the legislation of last year. But it is something that is fully funded the mandate in one of three new now, as it has come to the floor in tee in its legislation is going to specify ways: the bill that is before us and is ref- to that agency the criteria upon this 1. An increase in direct spending with a re- erenced in both committee reports: The scaling back. If they were to choose the sulting increase in the Federal budget deficit Budget Committee and the Committee other option, which is should the sub- (unless the new direct spending was offset by on Governmental Affairs. It seems to sequent appropriations bill not provide direct spending reductions in other pro- me it is incumbent on the Senate to the funds, then, again, based on the cri- grams); eliminate this provision until such teria as outlined by the authorizing 2. An increase in direct spending with an committee, under those directions that offsetting increase in tax receipts, or time as the issue is more fully debated. Mr. HOLLINGS. Will the distin- agency would then so state. But it And this is the one I wish to ask Sen- guished Senator yield? would be, again, at the direction of the ators to pay close attention to. Mr. BYRD. Yes, I will be happy to authorizing committee in legislation 3. An authorization of appropriations and a yield. that would then have to be passed by limitation on the enforcement of the man- Mr. HOLLINGS. Is it the Congres- Congress. date to the extent of such amounts provided in Appropriations acts. sional Budget Office, or what executive It does not in any way leave that to The Committee notes that ‘‘direct spend- agency is that referred to on page 12? the discretion of the Federal agency. ing’’ is a defined term in the Balanced Budg- Mr. BYRD. It does not name the Mr. BYRD. Mr. President, why do we et and Emergency Deficit Control Act. The agency. It is obviously—to me—not the leave it in the hands of a Federal agen- Committee also intends that in order to Congressional Budget Office. It says, cy to determine whether or not a man- avoid the point of order under this section, ‘‘responsible Federal agency.’’ To me, date should be nullified or should be any direct spending authority or authoriza- it is referring to an executive branch modified? tion of appropriations must offset the direct agency, some agency in the executive Why should a Federal agency deter- costs to States, local governments, and In- branch. dian tribes from the Federal mandate. mine on the basis of ‘‘less money, less Mr. HOLLINGS. Then is it not the mandate’’? Why should not the legisla- Notice, ‘‘If the third alternative is case that we are into the separation of tive branch do this? Why not require used’’—in other words, authorization of powers? We have a case where we could that an agency seek the approval of the appropriations—if that alternative is not avoid the executive, and certainly Appropriations Committees and sug- used, ‘‘a number of criteria must be the executive cannot legislate by man- gest a reprogramming? That is done met in order to avoid the point of dating the end of a piece of legislation. order.’’ from time to time. But why turn a de- Mr. BYRD. Absolutely. Absolutely. cision of this sort—it is a final deci- First, any appropriation bill that is ex- Mr. HOLLINGS. Repealing the legis- sion—over to an executive branch pected to provide funding must be identified. lation, in essence, by—what does it agency? It seems now we are setting up Second, the mandate legislation must also say, mandating—‘‘void the mandate?’’ designate a responsible Federal agency . .. a procedure here that stands in direct How do you void the mandate without conflict with the provisions of article I, Let me read that again. Let me read legislation? So they have the executive that paragraph again. section 1, the very first sentence of the agency legislating? Is that the case? U.S. Constitution, which vests all leg- Second, the mandate legislation must also Mr. BYRD. That is the way I read it. islative power in the Congress of the designate a responsible Federal agency that The agency here overrules—— United States. shall either: implement an appropriately less Mr. HOLLINGS. I thank the Senator. Mr. KEMPTHORNE. Will the Senator costly mandate if less than full funding is ul- Mr. BYRD. As the distinguished Sen- timately appropriated . . . or declare such yield? ator has correctly, in my judgment mandate to be ineffective. Mr. BYRD. Yes. I yield. pointed out, this is a separation of Mr. KEMPTHORNE. I appreciate This is page 12. powers issue. Mr. HOLLINGS. Page 12. OK. that. Mr. BYRD. The report of the Com- The agency will void the mandate if the Mr. President, the triggering mecha- appropriations committee at any point in mittee on the Budget. the future provides insufficient funding to nism is on the fund amount. In other The same language is in the other states, local governments, and tribal govern- words, if they choose the option that it committee report but upon different ments to offset the direct cost of the man- is to provide the funds through a subse- pages. Page 12, right at bottom. date. quent appropriations bill, and that ap- To avoid the point of order, the authoriz- 2. The agency can provide a ‘‘less money’’ propriations bill provides full funds, ing committee must provide in the author- less mandate alternative. . . . then again there is no further recourse ization legislation for one of two options: Here we have a Federal agency, an except to implement and mandate. 1. The agency will void the mandate . .. executive branch agency that can nul- Mr. BYRD. Yes. Now, this is the executive branch lify the action of the Congress. In es- Mr. KEMPTHORNE. If that authoriz- agency. I hope Senators will get this. sence, it can repeal a law of the Con- ing committee chose the option that S 1042 CONGRESSIONAL RECORD — SENATE January 18, 1995 said, in the event it does not provide mandate, or to determine how much of committee. There has been commu- full funds, that is the threshold, and if the mandate shall go into effect; ‘‘less nication, so that there is, based on that that subsequent appropriation does not money, less mandate.’’ communication, based upon the hit that threshold, then that Federal Mr. KEMPTHORNE. Will the Senator progress of that bill, the authorizing agency can in fact do a scaleback. But yield? committee knows if in fact the money it is based upon language by the au- Mr. BYRD. Yes. will be appropriated. They will know thorizing committee. The authorizing Mr. KEMPTHORNE. Mr. President, that it is either a yes or no issue. So, committee directs the criteria for that in response to the Senator from Arkan- again, they will choose the option. It scaleback. It does not leave it up to the sas, in his sequencing scenario, the au- does not allow—does not allow—the ex- discretion of the agency. thorizing committee in its language ecutive agency to make that deter- Mr. BYRD. Why not eliminate these would determine which option it choos- mination as to whether or not they two paragraphs, eliminate the risk of es. If it chooses the option that states just rule that there is not enough litigation, eliminate the risk of run- that in the event that subsequent ap- money, so we are going to wipe it out, ning afoul of the Constitution in re- propriations do not provide full fund- because the authorizing agency has spect to the separation of powers? This ing, then it so states that mandate will that power, and they initiate that troubles me. Why have language in the not become effective. That is at the di- power in the language of the authoriz- bill that would open up further litiga- rection of the authorizing committee. ing committee, which is then passed by tion? If we truly intend to limit or to So that is a separate issue here. If, Congress. rescind future Federal mandates and however, that authorizing committee Mr. BUMPERS. Let me make one ob- not fully fund them, then I believe such chooses the other option, which is that servation. I am not going to pursue actions should be taken by the Con- in the event full funding is not pro- this and belabor it any further. But as gress. vided in a subsequent appropriation, I read this language here, Senator Mr. BUMPERS. Will the Senator then a Federal agency is directed—di- Chiles used to say ‘‘the mother tongue yield for a question? rected by the authorizing committee— is English,’’ and this is the way I read Mr. BYRD. Yes. I would be happy to to scale back that amendment. But the this English. The sequence would be yield. criteria for the scaling back again are that the authorizing committee would Mr. BUMPERS. I thought for a mo- included in the language of the author- authorize appropriations. I assume ment that the Senator from Idaho had izing committee. that the authorizing committee would explained this to me. But in looking it Let us say the executive agency is either say such sums as shall be nec- over again, I have difficulty getting the carrying out the direction of legisla- essary, or if they have a CBO figure, sequence of events as to how this is tive branch. It is carrying out the di- what it is going to implement that, going to happen and in what sequence. rection as specified, and it does not they would authorize that amount to It says that the third alternative leave these decisions to the discretion be appropriated. The Appropriations here—that is, the authorization for ap- of that executive agency. Committee on which I sit would subse- propriations—a number of criteria Mr. BUMPERS. If I may comment on quently decide, also based on what CBO must be met in order to avoid the point that very last sentence, this says that says it would cost to implement the of order. First, any appropriations bill if the appropriation is less than the mandate, and the figure might be dif- that is expected to provide the funding amount this agency determines to be ferent than the one the authorizing must be identified. So far so good. Sec- needed to fully implement the man- committee used when they passed the ond, the mandated legislation must date, you are giving that agency two authorizing legislation. also designate a responsible Federal options as I read this. They can either But assume for the purposes of our agency. That is fine. We can designate cut the mandate to some extent, mod- argument that the authorizing com- the agency that will implement the ify it to make the money fit the man- mittee says it will take $100 million to mandate, that shall either, one, imple- date, or, as I started out a moment implement this mandate; the Appro- ment and appropriate a less costly ago, or declare the mandate to be inef- priations Committee comes along, as mandate if less than full funding is ul- fective. we usually do several months later, to timately appropriated, or—this is real- I think the Senator and I both are discuss whether we want to appropriate ly a big ‘‘or’’—declare such mandate to reading this the same way now. What I this $100 million or not, because it may be ineffective. am really suggesting is that this is a be that CBO by that time has said—let Does that mean that we are authoriz- tremendous discretion that we are us assume for the purpose of argu- ing after we have imposed a mandate handing to the executive branch to de- ment—it will only take $90 million. So and provided the funds—it says ‘‘or’’ clare that we either have not funded it we appropriate $90 million. This Fed- allow that agency to declare the man- fully and, therefore, they are going to eral agency down here—as I read this, date ineffective. So they could, if they cut it, or they are just going to torpedo it says that if they find that our appro- decide, as I read this—and I want to be it altogether. priation is not sufficient, after we have corrected because this is an immensely Now, why would we want to give the made our very best estimate on it, used complex bill. Does this mean that agency that kind of authority? Obvi- the best information we could get from agency, if they find that we have not ously, we feel the mandate is impor- CBO, or somebody else, the agency fully funded that mandate, could pro- tant or we would not have passed the down there says, well, you flunked, you vide for a less costly method of imple- bill. did not appropriate enough money; this menting it? And I assume we have des- Mr. KEMPTHORNE. Will the Senator is going to cost $130 million to imple- ignated them and given them the au- yield? ment this, or $150 million. thority on the front end. The bill is al- Mr. BYRD. Mr. President, I ask unan- Mr. BYRD. It might be years later. ready passed and we have given them imous consent that I may yield for the Mr. BUMPERS. It could be. It could the authority to come up with a less purpose of the colloquy between and be any time in the future. costly method of implementing the among other Senators, including my- Mr. BYRD. Because it is every year mandate or declaring it inoperative. self, without my losing my right to the we are talking about. Am I reading that correctly? floor. Mr. BUMPERS. Certainly. So they Mr. BYRD. That is the way I read it. The PRESIDING OFFICER (Mr. say that because you goofed, we are I think we are opening up a Pandora’s FRIST). Without objection, it is so or- going to take it upon ourselves to vast- box here, if we are going to provide au- dered. ly reduce the mandate, no matter how thority to an executive branch agency Mr. KEMPTHORNE. Again, I appre- critical it might be—it might be asbes- to modify or to nullify a mandate if the ciate that. tos, water well pollution, or whatever, Appropriations Committees of the Con- Mr. President, to the Senator from and they can say we are going to either gress do not provide the full appropria- Arkansas, I can only reiterate what the severely reduce the requirement on the tions. It seems to me we are saying process is. The authorizing committee, cities, counties, and States, or, two, we that an executive branch agency can of necessity, has had to work closely are negating the mandate. Now you are have the authority to void the entire with the appropriate appropriations giving them an option, Senator. Even January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1043 though we may have appropriated $90 given no power under the Constitution? Mr. BROWN. I thank the Senator. million, to say that is not enough to I am one who believes that the Con- I think both the Senator from Arkan- get the water hot, so we are negating gress cannot give away power that is sas and the Senator from West Virginia the entire mandate. Is that a fair read- vested in the Congress, and the Con- are to be commended for raising this ing of it? gress only, by the Constitution. point and calling the Senate’s atten- Mr. BYRD. That is the way I read it. Mr. GLENN. If the Senator will yield, tion to it. I think it is a valid point of Mr. GLENN. There were a number of let me make an analogy here. I think concern worth looking at. changes from S. 993 which we brought we do this all the time, if it is taken in As I look on page 23 of the bill, the out of committee last year. A lot of the light just stated. bill deals specifically with this provi- changes were made in S. 1. Most of Mr. BYRD. We delegate certain au- sion and it is one of the three options them, I was part of. This particular thority. that is laid out. These have already change was not in S. 993, and I was not Mr. GLENN. Then we say there are been noted by the distinguished Sen- part of this. no appropriations to carry it out. For ators. One, the alternative of Congress Let me address this a little different instance, we require by law a nuclear that it has been paid for; two, the op- way. The point made is a very good cleanup in this country. So we say the tion of raising the funds and paying for one. The point, basically, is that we are agency is supposed to go out there—the them, the one you all have called our giving away our legislative authority Department of Energy—and make an attention to; and the third alternative, when we say to an agency: You have assessment of all these places and do a where they authorized the spending authority to void something. I think nuclear cleanup. They are supposed to and then developed options. that was probably a poor choice of do the best job possible. In some places One of the things of great comfort to words in this. What we were trying to we will not have money appropriated me is the specific language, because cover in these two parts, I believe—and to do that. The authorization is still what it calls for is Congress itself to I ask my friend from Idaho to correct there. And in some places we will par- set out the procedures that the agency me if I am wrong—was to say where tially fund that operation. That does must follow. And let me quote, because the authorizing committee put in a not mean that the authorization I think it is the language that we will certain amount that in our best judg- should come back to Congress and be be concerned with. ment was going to take care of this and changed. It just means that the author- Under (III), it says: then there were no appropriations fol- ization is still there, but we have not Identifies the minimum amount that must lowed up for it, then what happens? been able to provide enough money to be appropriated in each appropriations bill Well, what we should have said was do it. So we say, ‘‘Do what you can.’’ referred to in subclause (II), in order to pro- that the agency will not be responsible Mr. BUMPERS. If I may make an ob- vide for full Federal funding of the direct for carrying out the enforcement of servation, then I will withdraw from costs referred to in subclause (I); and this mandate instead of saying the this colloquy. This would have been (IV)(aa) designates a responsible Federal agency and establishes criteria and proce- agency has the authority to void what much better, in my opinion—and I dures under which such agency shall imple- the Congress has done—in that case, would want to think about it because ment less costly programmatic and financial where there is no money. That is in the there are probably better solutions— responsibilities of State. first case. So I think the void-the-man- but if the language of this bill had said: And so on. date language was probably a poor At such time as the designated Federal In other words, it is Congress specifi- choice of words in this. It was not in- agency—or if at any time the Federal cally that is charged with and must set tended to pass along legislative author- agency determines that the appro- the procedures and set the guidelines. ity over to an agency. priated amount is insufficient to fully Under (bb), it says: No. 2 says, OK, we authorize certain comply with the mandate, to execute Designates a responsible Federal agency things in committee to take care of the mandate, such agency shall report and establishes criteria and procedures to di- this mandate, but the appropriators did their findings to the Congress forth- rect that, if an appropriation Act does not not have all that money. But they said with for such determination as the provide for the estimated direct cost of such maybe it would have required $100 mil- Congress chooses to make. Would that mandate as set forth under subclause (III), lion. They say, well, we just do not not solve it? such agency shall declare such mandate to have that; you have $60 million to Mr. BYRD. Right. be ineffective . . . carry this thing out. In that case, the Mr. KEMPTHORNE. Will the Senator An so on. agency can provide an alternative of yield? I think this is very comforting be- less money, of less mandate, but this Mr. BYRD. Yes. cause it makes it clear here there is no alternative requires the authorizing Mr. KEMPTHORNE. Mr. President, I delegation of power; that the decision legislation to specify clearly how the believe, I say to my friend from Arkan- as to what the procedures are is set agency shall implement that alter- sas, that, as you have just stated it, in forth by Congress, that the decision as native. In other words, we would give essence that is what we have provided to what the criteria are is set forth by scaled-back advice if that is necessary. here. Congress. So I think the one that the distin- The Senator from West Virginia is In the constitutional law on this area guished colleague from West Virginia correct. We should not give our power of improper delegation, I think it is cites here, the voiding the mandate, away. But we do not. We make that de- very comforting and very reassuring to was probably language that should not termination. We make that determina- this Senator because, as long as Con- have been in there to begin with. I tion. If the funds are not there, we, the gress is the one that sets the proce- think it would have been better if we Congress, have stated that that man- dure, as long as Congress is the one said if there is no money, then the date will not take effect. We, the Con- that sets the criteria, as long as Con- agency is not required to carry out the gress, have stated—— gress is the one that sets the standards, mandate. That would not pass author- Mr. BUMPERS. I am reluctant to in- then the delegation is proper under the ity, to void a legislative act of the Con- terrupt the Senator, but that is not the case law. gress over to an agency. way I read it. We give the agency the On the other hand, if this language Mr. BYRD. Under the Constitution, right to say that they do not have to should fail to be in there, if Congress only the Congress has the power to implement that mandate. If they find had not taken on the responsibility of enact laws, and only the Congress can there is less money than is necessary setting the criteria and procedure, then appropriate moneys. If there is a need to carry out the mandate, you give indeed we would have a constitutional to rescind or to repeal or to modify, them the option of reducing the man- question. why does the legislative branch not do date or torpedoing the mandate. That I, for one, appreciate the point being that? Why turn that over to some is what the Senator from West Virginia raised. If the Senators have further unelected bureaucrat—and this is no and I are both objecting to. questions about it, I will be happy to disparagement of bureaucrats, because Mr. BROWN. Will the distinguished respond with specific constitutional we have to have them—why turn that Senator yield on that point? cases where the matter has been con- over to an unelected bureaucrat, who is Mr. BUMPERS. I am happy to yield. sidered. S 1044 CONGRESSIONAL RECORD — SENATE January 18, 1995 But I am at least reassured, as I look hear now the case law that he thinks things. I know there were other Sen- at the language on page 23 and page 24, sustains his position, or give him time ators here to speak on this and other that the fact that Congress specifically to do that. And this is not meant by issues, before me. sets the procedures and criteria gives way of just trying to be obstreperous Maybe what I should do with the us the comfort level we need. or to embarrass. I truly do not know of Senator’s permission is gather up, Mr. BIDEN. May I ask the Senator any cases that sustain the assertion since I just walked on the floor and did from Colorado a question on that made by the Senator from Colorado. not anticipate being involved in this point? Mr. BROWN. Let me thank my dis- debate, some of the case law to which Mr. BYRD. Yes, I yield for that pur- tinguished friend from Delaware. I refer and come back and maybe con- pose. Mr. BYRD. Mr. President, I continue tinue this debate if the Senator from Mr. BIDEN. As I read Morrison ver- to hold the floor and I ask the Chair for West Virginia thinks that is appro- sus Olson and other separation of pow- that right. priate. ers cases, the fact is that the judgment I yield for the purpose of the col- Mr. BYRD. Mr. President, I hope the made by the Supreme Court as to loquy. distinguished Senator will continue to whether we can or cannot delegate au- Mr. BROWN. I thank the Senator for elucidate on this point and enlighten thority, any branch in the Federal accommodating a dialog on this sub- the Senate so that we may better un- Government may or may not delegate ject. derstand how to approach this matter. authority, relates not to whether they I want to mention that I think my I do not want to continue to hold the have set up procedures, but relates to distinguished friend from Delaware floor. The Senator from South Carolina whether or not the delegation of au- may sell himself short. He indicates he is seeking the floor, also. thority goes to the essence of the func- has taught constitutional law for only Mr. GLENN. Mr. President, will the tion of that branch. 5 semesters. I personally have served Senator yield for a brief comment? For example, we could not set in mo- on the Judiciary Committee, where he Mr. BYRD. I yield to the Senator. tion here, even if we wanted to, by leg- has been chairman for eight semesters. Mr. GLENN. The agency will void the islation, a proposal that said the Presi- I do not know how much other legal mandate, the red-flagged language, to dent of the United States of America education he has engaged in, but I, at shall, under the following cir- least, have found him quite inform- the Senator from West Virginia. And cumstances, not only nominate but in ative and quite thoughtful in this rightly so, indicating we would be pass- fact confirm a Federal judge. We could area—occasionally correct, as well—in ing our authority off to an agency not do that. We could lay out in great his judgments as we move forward, and when we should not do that. detail the circumstances under which a I think always helpful as we look into Now, if we come back and look at the President could take over the whole re- this. actual language in the bill, it is not sponsibility of putting someone on the Let me suggest to my friend that if written quite that way. On page 24, in bench, and that would be an unconsti- indeed what were suggested here would that second section, starting in the tutional delegation of power under the be to delegate a legislative function to middle of the page, it says basically separation of powers doctrine. these agencies, then I would be in that the authorizing committee will Now, I would be very, very inter- wholehearted agreement with him. I designate a responsible Federal agency ested, because I know, and I mean this think it is quite clear the intent of this and establish criteria and procedures sincerely, how learned my friend is in bill and I think it is quite clear under to direct that if an appropriations act the law. But I have made the serious the constraints we must follow that we does not provide for the estimated di- mistake of teaching constitutional law can only delegate enforcement of pol- rect costs of such mandate as set forth on this subject for the last five semes- icy decisions, not the function of legis- under subclause 3, such agency shall ters, and I have been forced to read all lating itself. declare such mandate to be ineffective. these cases. I am not suggesting that I And while I hope the sponsors of this It does not say it voids it. It does not have the book on this issue, but I am bill, which includes myself, will be pass legislative authority, the way I in- suggesting to you I have read no case open to any reasonable suggestions in terpret that, but it just states the obvi- where there is the ability for someone this area, I must say, from looking at ous. If there is not an appropriation to to conclude from reading the case that it, at least my conclusion is that the cover this, that the mandate becomes you can, if you set out proper proce- language we see on pages 23 and 24 is ineffective as of October of the fiscal dures, delegate authority which is es- very helpful in that area, because it year for which the appropriations is sentially legislative or for the Presi- not only includes Congress being re- not equal to the direct costs of the dent. The President could not turn quired to set forth procedures, as my mandate. around and say, ‘‘By the way, I, by Ex- distinguished friend referenced, it also Mr. BYRD. Of course this may be 5 ecutive order, from now on am asking includes specific language requiring years, may be 10 years. the U.S. Senate to name who will be Congress to set forth the criteria on Mr. LEVIN. Would the Senator yield nominated for the Court and also move which this judgment must be made. just on that one issue? forward and confirm those persons.’’ He So I think it is quite clear from the Mr. BYRD. I yield. could not do that. language that this is not a delegation Mr. LEVIN. The Senator from West Now, again, I know everybody does of legislative authority. It is simply a Virginia is raising a number of ques- not want to prolong the debate, but I requirement that they enforce criteria tions including the constitutional dele- think this is a critical question, and and procedures set down. I want to re- gation. But there is another problem one that the Senator from Arkansas iterate my hope that if there is an im- here. If an appropriations committee as and the Senator from West Virginia, I provement in language we would con- many as 5 years or 10 years later is not believe, have suggested is easily recon- sider it and look at it. I think the point allowed under this language to deter- cilable. is very valid. In terms of recitation of mine that a lesser appropriation will For example, as I read the Budget a constitutional law in this subject and do the job, it is bound by a previous au- Act, you could, in fact, have done what specifically the cases, I think that is a thorization bill that could be 10 years they did in the Budget Act. The Budget valid request, a reasonable one, and I earlier, which made an estimate which Committee retains the judgment of would be happy to include that in the may be absolutely a wild estimate. whether or not they will, in fact, con- RECORD. Five years later, 10 years later. An ap- clude that something is within or be- Mr. President, I yield. propriations committee does not allow yond the budget resolution. They do Mr. BIDEN. Mr. President, I know under this bill to make a determina- not delegate it to an alphabet agency. the Senator from West Virginia had tion that a different amount, a lesser They do not delegate it to another the floor, and I would be guided by amount, would fully fund that man- branch of Government. whatever he wishes. I can come back to date. So I would be very anxious—and I am this later or we could continue, what- That is one of the many issues that is not trying to put the Senator on the ever the Senator suggests. I have no raised with this language. Now, there spot—but I would be very anxious to preference in the normal order of are other issues. There are specificity January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1045 issues. And the Senator from West Vir- I am very concerned about this lan- The ideas grew out of Newt Gingrich’s ginia is also putting his finger on a guage, Mr. President. I should think we ‘‘Contract With America.’’ One would require critical constitutional issue here. I will ought to have more time to debate this compensation when property values are di- say one other quick comment. This is point so that we can scrutinize it, focus minished by Federal regulation. A second would subject regulations to independent the new language. on it, subject it to the microscope and cost-benefit analysis, otherwise known as Mr. BYRD. It was not in the bill last be sure we make a correct decision. ‘‘risk assessment,’’ that could make it more year. With the cloture motion pending here, difficult for Federal agencies to carry out Mr. LEVIN. It was not in the bill last I have an amendment prepared that rules. The third would make it harder for year. This was a language that was in would strike this. It would strike it, Congress to approve costly new ‘‘unfunded a bill introduced on a Wednesday night, strike the language. If the cloture is mandates’’—obligations imposed on state which went to a hearing on Thursday invoked tomorrow, if we cannot reach and local governments without the Federal a decision today, and cloture is in- dollars to pay for them. morning, which was intended to go to a These are seductive notions with big con- markup on a Friday morning which we voked tomorrow, that is the only sequences. All will need careful legislative had to plead for a delay of over the amendment I can offer. I cannot offer handling. Unfortunately, that is not happen- weekend for the markup to a Monday an amendment, then, to modify. I ing with the first of the three to take legisla- morning. When we made an effort to might be able to find a way but it tive form—an unfunded-mandates bill that get a committee report on this, we de- would be very difficult to offer an began a fast-track trip through Congress last nied that committee report so that it amendment, then, that would modify week. The bill which contains sensible sug- gestions and serious flaws, received only cur- could come to the floor the next day. and bring together language that was beside the point by a meeting of the sory inspection by two Senate committees. This is the language that was not in It is now on the Senate floor and will hit the last year’s report which is very new, minds on both sides of the aisle. We House next week. That is much too fast. novel, significant language. would be prohibited from doing that. Unfunded mandates have long been a sore Now, I repeat: I am someone who sup- Why not eliminate all reference to point with mayors and governors, who say ported last year’s bill. But I think this appropriations committee here? Let the cost of carrying out Washington’s agenda goes too far and raises very significant the authorizing committees pay for it denies them flexibility. Under the proposed questions which are worthy of real ex- out of their allocation. Or let them, legislation, any bill imposing a Federal man- date of more than $50 million must include amination on the floor. through the pay-go process, let them provide the money. Let them raise the an estimate by the Congressional Budget Of- Mr. BYRD. Exactly, and we have a fice of its non-Federal costs. It must also in- cloture motion which we are supposed taxes, or whatever is required, to meet clude the money to pay for the mandate. to vote on tomorrow morning, which if the full funding. Strike all reference to A single legislator could block any new adopted leaves us with 30 hours only. appropriations. Let us out of it. mandate that does not meet these condi- And the Senator from Michigan may Mr. KEMPTHORNE. Would the Sen- tions. The objection could be overridden, but have 1 hour. That is all he can have. ator yield? only after separate votes to override in both This locks in, as the distinguished Sen- Mr. BYRD. Yes. houses. Phil Gramm, Republican of Texas, would raise the threshold by requiring 60 ator from Michigan has stated, it locks Mr. KEMPTHORNE. Again, there is a point I would like to make, Mr. Presi- votes to approve an unfunded mandate. in for the life of any new mandate, 5 Forcing Congress to reach a higher level of years, 10 years, 20 years, or whatever dent. The Senator stated that this accountability cannot be a bad idea. That is the CBO estimates for every future locks us in. why a bill of some sort is certain to pass and year. There is nothing to preclude that in why President Clinton is likely to sign it. So This means that even if we find in a subsequent year as we find that per- what’s to complain about? There are at least some future year—5 years down the haps, now, based on actual cost, those two big flaws. First, the bill sets up a two- road, 10 years down the road—the Sen- costs have changed. It is no longer track system that would discriminate against the private sector. Private compa- ator from West Virginia may not be based on estimate but actual cost; that Congress can revisit that, because in nies would still have to obey (and pay for) here if it is 20 years down the road— Federal mandates. Unless Congress gave gov- that a mandate can be met for less keeping with the spirit of what the ernments the necessary funds, they could ig- money, we nevertheless must appro- Senator from West Virginia has said, nore them. priate the minimum contained in the Congress speaks. We do not delegate. That could put private businesses at a bill that sets up the mandate for all fu- This might cause us to revisit the man- competitive disadvantage. Laws governing ture years. dates a little more often than every 5, waste disposal, for example, require expen- If less is appropriated in any year, 10, 20 years, which is welcome news to sive landfills to prevent contamination of the underlying water table. Private waste- then the agency decides. We have an our State and local partners. Mr. BYRD. Well, strike out all ref- disposal companies would still have to build unelected bureaucrat who, perhaps, and operate these landfills, but state and will make the decision under a dif- erence to appropriations, and then the local governments would not unless Congress ferent administration or perhaps under authorizing committees could review underwrote the costs. The U.S. Chamber of a different administration, last one or them every year if they want to. Commerce, which can usually be counted on two administrations, different mem- Mr. KEMPTHORNE. Again, I know to support Republican initiatives, have com- bers of the Appropriations Committee, our friend from Utah has some good in- plained that the bill would severely skew the different members of the authoriza- formation on this issue that I hope he marketplace. Some environmentalists suggest a com- tions committee. We have an unelected will be able to impart to the Senate. Mr. BYRD. Mr. President, I ask unan- promise: Apply the unfunded-mandates pro- bureaucrat making that decision. hibition to strictly governmental functions, I say that unelected bureaucrat is imous consent that an editorial from like education and welfare; where mandates not only unaccountable to the people, today’s New York Times be printed in apply to both private and public entities, but if we leave it in the hands of the the RECORD. both should pay. The Clean Water Act, for Congress, that is where it ought to be. There being no objection, the edi- example, imposes equally strict rules on the Then the American people know whom torial was ordered to be printed in the discharge of both industrial and municipal to vote against. They at least know RECORD, as follows: wastes. Would unfunded local governments now be free to pollute? That unthinkable [From the New York Times, Jan. 18, 1995] whom to vote against if they do not outcome is a real possibility under the Re- like a mandate being cut back. WHAT’S THE RUSH ON MANDATES? publican bill. But under this process this amend- Environmentalists and others whose inter- Another big problem is that the bill applies ment would put in place, to whom do ests are served by Federal regulation have a to new law and does not address the billions they complain if they do not like the name for the three main elements of what in unfunded mandates from old law. That mandate? To whom do they complain promises to be a sustained Republican effort could have the perverse effect of discourag- under this process? Why do we not to deregulate American society: the ‘‘Unholy ing efforts to fix outdated legislation; any leave it in the hands of the Congress? Trinity.’’ The term connotes both respect new law that imposes unfunded mandates and fear. There is merit in all three ideas. could run into a Congressional roadblock— That is where the Constitution puts Yet critics fear that, taken together, they even though the new law represents a vast the power under article I, the power to will cripple a quarter-century of Federal ef- improvement over its predecessor. legislate. Article I, section 1. Article I, forts to protect everything from the environ- The bill before the Senate is a carelessly section 9, power to appropriate. ment to worker safety. drafted answer to legitimate complaints. S 1046 CONGRESSIONAL RECORD — SENATE January 18, 1995 Senators Carl Levin of Michigan and Joseph Mr. KEMPTHORNE addressed the The PRESIDING OFFICER. Is there Lieberman of Connecticut, Democrats who Chair. objection? are sympathetic to the measure, are using Mr. HOLLINGS. Mr. President, may I Mr. KEMPTHORNE. I object. every parliamentary tactic in the book to get recognized? The PRESIDING OFFICER. The delay the bill until it is fixed. More power to them. A bill that could reshape basic rela- The PRESIDING OFFICER. The Sen- clerk will continue to call the roll. tions between Federal and local govern- ator from Idaho. The assistant legislative clerk con- ments, penalize the private sector and Mr. KEMPTHORNE. I thank the tinued to call the roll. threaten the environment should not be rail- Chair. Mr. President, I was not privy to Mr. BYRD. Mr. President, I ask unan- roaded. the discussion that the majority leader imous consent that the order for the Mr. BYRD. Mr. President, I yield the had with the distinguished Senator quorum call be rescinded. floor. from West Virginia, but what I would The PRESIDING OFFICER. Without Several Senators addressed the like to do is make a unanimous-con- objection, it is so ordered. Chair. sent request that the Senator from Mr. BYRD. Mr. President, could we Mr. BYRD. Mr. President, I promised South Carolina be allowed to now get some idea as to how much longer the majority leader I would suggest the speak, no amendments would be in we are going to have to sit here with- absence of a quorum at the end of my order; that following that, we could out the ability to offer an amendment? statement. I want to keep my commit- then allow a colloquy to continue on Here time is running. It is 6 p.m. We ment. I suggest the absence of a this issue raised by the Senator from have a cloture motion that is supposed quorum. West Virginia. to be voted on in the morning and Mr. HOLLINGS. I do not want to Mr. HOLLINGS. Mr. President, it is there are several amendments. We have forgo that. quite obvious I would like to talk and not had an opportunity to offer these The PRESIDING OFFICER. The without restriction, like any other amendments. clerk will call the roll. Senator, like 100 of us here. I do not Mr. HARKIN. I have one. Mr. HOLLINGS. I ask unanimous have to get unanimous consent. I will Mr. KEMPTHORNE. Will the Senator consent—and then you can go ahead await my turn after amendments and yield? and object because I am not trying to after all of your rigmarole takes place. Mr. BYRD. Yes. stop that. Sometime, somewhere I I do not think I have to go through my Mr. KEMPTHORNE. In response to would like to get recognized so I can courteous friend, the distinguished that, it is my hope that we are momen- speak. We will go ahead with the Senator from Idaho, to be recognized. I tarily away from being allowed to go quorum call. will await my time. forward with an amendment, which is The PRESIDING OFFICER. The Mr. HARKIN. Will the Senator from from the Democrat side. And, again, as clerk will call the roll. Idaho yield for a question—— floor manager, knowing the number of The assistant legislative clerk pro- Mr. KEMPTHORNE. I will yield. amendments that are there, waiting for ceeded to call the roll. Mr. HARKIN. Without losing his action so we can finally have the sort Mr. HARKIN. Mr. President, I ask right to the floor. I would like to ask of dialog that we had a few moments unanimous consent that the order for the Senator from Idaho, we are here, ago on this bill, and lay it out there— the quorum call be dispensed with. we have amendments to offer. The bill I would love nothing more. That is Mr. KEMPTHORNE. I reserve the is open for amendments. Why can I not what I have been pushing for. right to object. offer my amendment? But again, I must say, with all due Mr. BYRD. You cannot reserve the Mr. KEMPTHORNE. I will be happy respect, because of legitimate con- right to object. to respond to the Senator from Iowa. It cerns—and I respect this—from Sen- Mr. KEMPTHORNE. Mr. President, I is because we are trying to work out an ators on your side of the aisle, to pro- object. issue that deals with an amendment tect a Senator from your side who will The PRESIDING OFFICER. Objec- from the Senator’s side of the aisle. I be offering an amendment, I assume tion is heard. The clerk will continue have been told that we are close, but very soon, we have not been able to to call the roll. because of the fact that a number of move forward with some of the other The assistant legislative clerk con- Senators on his side of the aisle are amendments. That is the situation. tinued to call the roll. very concerned to protect that issue So I hope we are just moments away Mr. BYRD. Mr. President, I ask unan- for a Senator from the other side of the from a green light from the parties on imous consent that the order for the aisle, we have not been able to get both sides of the aisle on that amend- quorum call be dispensed with. other approval to move forward on ment so we can proceed. The PRESIDING OFFICER. Is there some of these amendments. That is the Mr. GLENN. Will the Senator yield? objection? Without objection, it is so reality. Mr. BYRD. Mr. President, I hope this ordered. So until I am told we have resolved is not going to be charged up to Mr. BYRD. Mr. President, I ask unan- the issue on the Senator’s side of the Byrdlock. imous consent that I may retain my aisle, I felt that it was very healthy to I do not say this unkindly to the dis- right to the floor and allow the col- have this discussion about the bill it- tinguished Senator. loquy to continue among Senators self. I think it helps all of us. So that Mr. HOLLINGS. Will the Senator HOLLINGS and—— is why, with all due respect. It is be- yield? Mr. HOLLINGS. There is no colloquy. cause we are concerned about a Sen- Mr. BYRD. I have the floor. I want to be recognized in my own ator on the other side of the aisle. Mr. HOLLINGS. Will the Senator right. Mr. HARKIN. Might I further ask the yield? Mr. BYRD. I was trying to find a way Senator, is there an objection on this Mr. BYRD. Yes. the Senator—— side of the aisle then to anyone offer- Mr. HOLLINGS. The Senator knows Mr. HOLLINGS. It is easy to do. Ev- ing an amendment? Is there an objec- the Senate is a continuing body, except erybody else can be recognized. You all tion that has been raised on this side of for now. I have never seen, in my brief have been up here for days and weeks. the aisle? I would like to ask that ques- 28 years, this nonsense. What he wishes I never have been recognized on this tion for the record, and if so, I would and hopes for and everything else—do score, and I would like to be recog- like to know who. not give me about our side of the aisle nized, but I will await my turn. Mr. KEMPTHORNE. Mr. President, I and everything else—everybody takes Mr. BYRD. The Senator from South suggest the absence of a quorum. their turn. Things take time to work Carolina was here before I was and The PRESIDING OFFICER. The out. We cannot move forward with this sought the floor. I hope that he would clerk will call the roll. amendment, or I could get recognized seek recognition and get the floor. But The assistant legislative clerk pro- and talk. I had to keep my commitment to the ceeded to call the roll. Mr. KEMPTHORNE. I would suggest majority leader. I yield the floor. I Mr. HOLLINGS. Mr. President, I ask to my friend from South Carolina, with hope the Senator from South Carolina unanimous consent that the order for a great deal of respect, that I have will seek the floor. the quorum call be rescinded. throughout this day been floating and January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1047 suggesting unanimous-consent agree- It has to do with a statement and (1) the Congress should be concerned about ments to bring these amendments to with legislation she wanted to make shifting costs from Federal to State and the floor. And there has been objection that basically deals with abortion clin- local authorities and should be equally con- from your side. ics and some protection and so on into cerned about the growing tendency of States to shift costs to local governments; So I think I have followed what is those areas. There were some people on (2) cost shifting from States to local gov- prescribed in the Senate rules, in the the other side who had been negotiat- ernments has, in many instances, forced spirit of trying to get the amendments. ing this on behalf of five or six other local governments to raise property taxes or I would like nothing more than to get Senators on the Republican side. Be- curtail sometimes essential services; and these amendments out on the floor so cause we are in a situation here where (3) increases in local property taxes and we can debate them and vote on them. the committee amendments are the cuts in essential services threaten the abil- Mr. BYRD. Mr. President, so the things being considered, still tech- ity of many citizens to attain and maintain nically on the floor, only amendments the American dream of owning a home in a record may be clear, there have been safe, secure community. no objections from this Senator today. to that are permitted. So she has been (b) SENSE OF THE SENATE.—It is the sense Mr. HOLLINGS. I do not find our side frozen out, as this arrangement has not of the Senate that— objecting. I find constantly the other been able to be worked out. She has (1) the Federal Government should not side objecting. That is the whole point. thought a number of times this after- shift certain costs to the State, and States Mr. BYRD. This Senator is not ob- noon they had this worked out. She should end the practice of shifting costs to jecting. I think the distinguished Sen- was disappointed each time; it was not local governments, which forces many local ator from Idaho is doing the best he worked out. governments to increase property taxes; We are told now, maybe after all, (2) States should end the imposition, in the can. I think he is trying to follow some absence of full consideration by their legisla- injunctions placed on him from higher maybe it is now worked out so the lan- tures, of State issued mandates on local gov- up. I cannot fault him for that. But I guage in her proposal, her amendment, ernments without adequate State funding, in wonder how much longer we are going will now be acceptable to those who a manner that may displace other essential to be remaining in this state of limbo. disagreed with it on the other side. government priorities; and We cannot offer amendments. We can- In the meantime—because only one (3) one primary objective of this Act and not even get unanimous consent to set amendment could apply, under Senate other efforts to change the relationship aside the pending amendment and take rules, because it is the committee among Federal, State, and local govern- amendment en bloc that we have been ments should be to reduce taxes and spend- up an amendment by Mr. HOLLINGS. ing at all levels and to end the practice of Where is the problem? Why all the working on all this time—there have shifting costs from one level of government rush? This is what I have been saying been continual amendments put in to to another with little or no benefit to tax- all along. keep her frozen out by the leadership payers. I have been rather amused to see a on the other side. SEC. 108. EFFECTIVE DATE. new term in the legislative lexicon, That just is an explanation of exactly Mr. BRADLEY. Mr. President, the ‘‘Byrdlock.’’ what has happened. amendment I propose is an amendment But is this Byrdlock? I hope this She feels, I believe now, that they I talked about both with the majority delay is not charged against Byrdlock. perhaps are within minutes of getting and the minority staff. They under- Why can we not debate the bill? Why approval, I believe. I do not know stand that it is a simple sense-of-the- can we not offer amendments? We have whether that approval has been forth- Senate resolution. It says very simply a cloture amendment that is going to coming or not. They were checking that this is a bill that deals with un- be voted on in the morning and scores once again for about the sixth or sev- funded mandates of the Federal Gov- of amendments waiting here. enth time in the last 41⁄2 or 5 hours. ernment on the State government, and If this is not putting the boot heel on That is how we got to where we were. it would be the sense of the Senate the neck of the minority, pray tell me I think we have been referring back that States should not apply unfunded what it is? What is this? Who has the and forth, one side to the other. I want- mandates on local governments that lock on the Senate now? The Senator ed to explain exactly what the situa- lead to increased property taxes. from South Carolina has been sitting tion was and how we got here. Mr. President, so far in this debate, in his seat for an hour—or longer. After Mrs. BOXER. Will the Senator yield? we have focused primarily on the un- the last vote, he stood and sought rec- Mr. GLENN. It is not my—Senator funded mandates that the Federal Gov- ognition. A quorum was begun and the BYRD still has the right to the floor. He ernment is said to impose on the effort to call it off was objected to. retains the right to the floor. States. However, I would like to take a Then the distinguished majority Mr. BYRD. No. moment to draw the Senate’s attention leader came into the Chamber. I said I Mr. GLENN. I yield the floor. to an equally important set of man- would like to call off the quorum call The PRESIDING OFFICER. The Sen- dates. I am referring to the unfunded and make a statement. He said, ‘‘Well, ator from New Jersey. mandates that Governors and State will you put in a quorum—put us back AMENDMENT NO. 141 TO AMENDMENT NO. 31 legislators impose on local govern- in a quorum?’’ (Purpose: To express the sense of the Senate ments and, more important, the burden I said yes. I did not know we were that States should not shift costs to local that these mandates impose on tax- going to be locked out for the next half governments, and for other purposes) payers. hour or hour, or whatever it is. Mr. BRADLEY. Mr. President, I send Taxpayers’ main concern is their I hope that we can get some idea of an amendment to the desk and ask for total tax burden, not how this burden how much longer we are going to have its immediate consideration. is divided among Federal, State, and to sit here in a state of limbo, and not The PRESIDING OFFICER. The local governments. As elected officials be able to offer an amendment. clerk will report. at every level can attest, cutting taxes Mr. GLENN. Will the Senator yield The legislative clerk read as follows: and expanding services are far pref- without losing his right to the floor? The Senator from New Jersey [Mr. BRAD- erable to the converse—especially if Mr. BYRD. Yes. I do not want to keep LEY], for himself, Mr. CHAFEE, and Mr. DOR- someone else picks up the tab. How- the floor. I just want to make sure this GAN, proposes an amendment numbered 141 ever, as we all know, the person who delay is not charged up to Byrdlock. to amendment No. 31. ultimately picks up this tab is the tax- Mr. GLENN. Let me explain this. Mr. BRADLEY. Mr. President, I ask payer. About 5 hours ago, Senator BOXER unanimous consent that reading of the Mr. President, in order to address the sought the floor for an amendment. amendment be dispensed with. burden that this form of cost shifting There was objection on the Republican The PRESIDING OFFICER. Without imposes on taxpayers, I have sent to side to her bringing that up. objection, it is so ordered. the desk a sense-of-the-Senate resolu- And she has continually sought the The amendment is as follows: tion in the form of an amendment to floor on this and tried to work this At the end of the pending amendment in- this bill. This resolution simply states out—tried to work out the differences serted the following: that just as the Federal Government with those who objected to her amend- SEC. 107. IMPACT ON LOCAL GOVERNMENTS. should not, in the absence of careful ment on the other side. (a) FINDINGS.—The Senate finds that— consideration, shift costs to the States, S 1048 CONGRESSIONAL RECORD — SENATE January 18, 1995 the States should end the practice of els to take responsibility for its ac- UNANIMOUS-CONSENT AGREEMENT shifting costs to local governments, tions. Mr. DOLE. Mr. President, I think we which frequently has the effect of rais- Government officials are loath to have worked out an agreement. We will ing local taxes. raise taxes. Yet, we also see problems have two votes back to back beginning When Governors and State legisla- in our States that need to be addressed. at 7:15. The first vote will be on the tors shift costs to local governments in The result, too often, is that we pass a Bradley amendment. The second vote an effort to cut taxes and balance their law, and we pass the buck. Mr. Presi- will be on the Boxer, et al., amend- operating budgets, they are not reduc- dent, I am not passing judgment on ment. There will be 1 hour of debate on ing the overall tax burden; they are specific mandates, at either the State the Boxer amendment equally divided. merely changing the collection point. of Federal level. In fact, many of these I ask unanimous consent that the Instead, what happens is that local au- mandates have helped to ensure the Bradley amendment be temporarily set thorities who have no other source of safety and well-being of our fellow citi- aside so the Senator from California revenue are forced to either raise prop- zens. Instead, I am simply stating that may be recognized and that we have erty taxes or cut services. As a prac- if government officials, at any level, tical matter, however, these services— intend to pass a new regulation, they those votes back to back at 7:15. such as fire, police, trash, and water should be honest about the cost that The PRESIDING OFFICER. Is there services—are often essential to the this regulation will impose on tax- objection? safety and well-being of our commu- payers. They should not attempt to Mr. BRADLEY. Reserving the right nities. Therefore, the effect of cost hide the cost by shifting it down- to object, Mr. President, I would sim- shifting by State governments is, all stream. Unfortunately, rather than ply like to make the point that it is too often, to increase local property being honest and taking responsibility the Bradley-Chafee amendment. taxes. for their actions, too many government Mr. HARKIN. Mr. President, reserv- These State-imposed mandates and officials appear to have signs on their ing the right to object, if I might in- the impact they have on taxpayers are desks that read, ‘‘The Buck Stops * ** quire of the majority leader, I under- by no means inconsequential. In New Over There.’’ stand he asked unanimous consent that Jersey, the State imposes no less than In order to call attention to the need we have 1 hour of debate right now on 36 separate unfunded mandates on local for government officials at all levels to the Boxer amendment and at 7:15 vote governments. These unfunded State fully consider the impact that cost on the Bradley amendment, then vote mandates cost New Jersey taxpayers shifting has on taxpayers, I urge all of on the Boxer amendment right after over $150 million each year. In my my colleagues to vote in favor of this that, and that when we get back to the State, as in many others, the main amendment. bill it will be open for amendments at source of local tax revenue is the prop- Mr. President, I am joined in spon- that point in time? erty tax. In fact, local property taxes soring this amendment by Senator Mr. DOLE. I think, in fact, I would make up over 98 percent of all local tax CHAFEE and others. rather have the votes start at 7:30, if revenue in New Jersey. Therefore, for Mr. President, I hope we will be able there is no objection. The first vote every dollar in costs that the State to get a vote on this as the pending will be at 7:30 on the Bradley-Chafee shifts to local governments, these gov- business before the Senate. ernments are forced to raise property I am prepared to move to a vote at amendment and the second vote will be taxes by an equal amount. any time. A Senator has the right to on the Boxer, et al., amendment. And In 1991, the cost of New Jersey’s prop- the floor when he is recognized, and I then it is open for other amendments. erty taxes was over $1,250 per person, certainly would like to respect the There are numerous amendments. not even per household. Since then, agreements that have been struck be- Mr. HARKIN. Is it the majority lead- property taxes have only gone up. In tween the minority and the majority. er’s intention to continue the Senate fact, over the last 7 years, property tax At the same time, when there was an in session so we may offer amendments collections in New Jersey rose over 64 open slot in the amendment process, I at that point in time? percent and, this last year, property took advantage of that amendment Mr. DOLE. Yes. taxes rose faster than during any year slot. Mr. BRADLEY. Reserving the right since 1990. The upshot is that in Or- It is a very simple amendment, a to object further, I do not intend to ob- ange, NJ, the average homeowner saw sense-of-the-Senate resolution. I hope ject. Could we order the yeas and nays an $800 increase in property taxes in it will be adopted. I have checked with on the Bradley amendment? I ask for 1994. Sadly, these homeowners were not both the minority and the majority, the yeas and nays. alone. In Mansfield, the average home- and it deals simply with the issue of The PRESIDING OFFICER. Is there a owner saw a $600 increase in her prop- State unfunded mandates on local gov- sufficient second? erty taxes in 1994. In Teaneck, the in- ernments leading to higher property There is a sufficient second. crease was $237; in Lyndhurst, $479; in taxes. The yeas and nays were ordered. Lodi, $100; in Dumont, $139; and in Al- Mr. GLENN. I will be glad to accept Mrs. BOXER. Reserving the right to pine, the average homeowner paid over the amendment on our side of the aisle. object, I ask for the yeas and nays on $1,000 more in property taxes in 1994 Mr. KEMPTHORNE. If the Senator the Boxer, et al., amendment. than in 1993. will yield, we, too, will accept the The PRESIDING OFFICER. That is Property taxes affect everyone: while amendment on our side. not in order at this time. homeowners pay them directly, renters Mr. BRADLEY. I ask for the yeas and Mr. BYRD. Mr. President, I ask unan- pay them indirectly. In addition, high nays. I want a rollcall vote on this. imous consent that it may be in order property taxes disproportionately af- The PRESIDING OFFICER. Is there a to order the yeas and nays on the fect those who are often the most at sufficient second? risk in our society. For many older There is not a sufficient second. Boxer amendment. citizens, especially those who live on a Mr. DOLE addressed the Chair. The PRESIDING OFFICER. Is there fixed income, high property taxes The PRESIDING OFFICER. The Re- objection? Without objection, it is so threaten their ability to remain in publican leader. ordered. their homes. For many younger, mid- Mr. DOLE. I suggest the absence of a Mr. BYRD. I ask for the yeas and dle-class families, high property taxes quorum. nays. often mean that they must defer or The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there a abandon their dreams of owning a clerk will call the roll. sufficient second? home. The assistant legislative clerk pro- There is a sufficient second. Ultimately, Mr. President, this reso- ceeded to call the roll. The yeas and nays were ordered. lution is about honesty and respon- Mr. DOLE. Mr. President, I ask unan- Mrs. BOXER. Would the majority sibility. It is about honesty in how gov- imous consent that the order for the leader yield for a question? ernments fund the services that they quorum call be rescinded. The PRESIDING OFFICER. Is there provide. It’s also about responsibility The PRESIDING OFFICER. Without objection to the majority leader’s re- and the need for government at all lev- objection, it is so ordered. quest? January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1049

Mrs. BOXER. Reserving the right to eral, State and local law enforcement offi- The majority leader, Senator DOLE, object, I shall not. I ask the majority cials regarding potential threats of violence. was very straightforward with me. He leader who is controlling the time on ‘‘(b) SENSE OF THE SENATE.—It is the sense said, ‘‘You need to work this out and of the Senate that the United States Attor- the Republican side on the Boxer then we will bring it up. But if you do amendment? ney General should fully enforce the law and protect persons seeking to provide or obtain, not have an agreement with my side, Mr. DOLE. The Senator from Okla- or assist in providing or obtaining, reproduc- we are not going to bring it up.’’ Obvi- homa [Mr. NICKLES]. tive health services from violent attack. ously, that set up somewhat of a prob- Mrs. BOXER. Then I will not object. ‘‘(c) Nothing in this resolution shall be lem for me. The PRESIDING OFFICER. Is there construed to prohibit any expressive conduct I want to thank the Senator from objection? Without objection, it is so (including peaceful picketing or other peace- Oklahoma [Mr. NICKLES] and I want to ful demonstration) protected from legal pro- ordered. thank the Senator from Indiana [Mr. Mrs. BOXER addressed the Chair. hibition by the First Amendment to the Con- COATS] for working with me, with Sen- The PRESIDING OFFICER. The stitution.’’ ator MURRAY, and with many of the Bradley amendment is temporarily set Mrs. BOXER. Mr. President, I took aside. the unusual step of having the clerk people who wrote the FACE bill, to The Senator from California is recog- read this resolution in full because I come up with an acceptable resolution, nized. think that it very clearly says more which has just been read to the U.S. AMENDMENT NO. 142 TO AMENDMENT NO. 31 than anyone could express, because it Senate. (Purpose: To express the sense of the Senate took a lot of time and a lot of people’s I want to particularly thank the co- that the Attorney General should act im- help, that there is no place for violence sponsors of my bill. The bill that I in- mediately to protect reproductive health in our society and that we must come troduced was one of the first pieces of care clinics) together as a U.S. Senate when such vi- legislation condemning this violence, Mrs. BOXER. Mr. President, I send an olence occurs and speak with one voice. which included three Republican Sen- amendment to the desk and ask for its The reason I have been so persistent ators—Senators SNOWE, CHAFEE and immediate consideration, pursuant to for these past 2 weeks is because I feel JEFFORDS. I want to thank them very the unanimous consent request. it is essential that this U.S. Senate, much. And I thank my original cospon- The PRESIDING OFFICER. The the most deliberative body in the sors who were there the day I intro- clerk will report. world, the one with the most magnifi- duced the bill, Senator MURRAY and The legislative clerk read as follows: cent traditions of debate, thought, of Senator FEINGOLD. The other Senators The Senator from California [Mrs. BOXER], deliberation, that we take the time, who are cosponsors are Senators KEN- for herself, Mrs. MURRAY, Mr. FEINGOLD, Mr. even if it means setting aside some NEDY, CAMPBELL, SIMON, LAUTENBERG, KENNEDY, Mr. CAMPBELL, Mr. SIMON, Mr. other business, to deal with an imme- DODD, BAUCUS, LEVIN, LIEBERMAN, LAUTENBERG, Mr. DODD, Mr. BAUCUS, Mr. LEVIN, Mr. LIEBERMAN, Ms. MOSELEY-BRAUN, diate issue. MOSELEY-BRAUN, HARKIN, PELL, Mr. HARKIN, Mr. PELL, Mr. INOUYE, Ms. MI- We are working on the unfunded INOUYE, MIKULSKI, FEINSTEIN, KERRY, KULSKI, and Mrs. FEINSTEIN, proposes an mandates bill. It is very complicated. and BRADLEY. And today Senator REID amendment numbered 142 to amendment No. It is very complicated. I happen to like and Senator WELLSTONE were added to 31. the notion behind it. But as I look at that list. At the end of the amendment add the fol- some of the bureaucracy that may be I am very proud that we have reached lowing: created as a result of it, I have some ‘‘SEC. 108. SENSE OF THE SENATE CONCERNING an agreement so that the will of 25 PROTECTION OF REPRODUCTIVE pause. As I look at whether or not ille- Senators who believed in this enough HEALTH CLINICS. gal immigration might be covered in to go on this bill will get some atten- ‘‘(a) FINDINGS.—Congress finds that— it, I have some pause. As I look at its tion. ‘‘(1) there are approximately 900 clinics in impact on children and pregnant At this time, I will yield to the Sen- the United States providing reproductive women, the frail and elderly, on child ator from Washington, Senator MUR- health services; pornography laws, child abuse laws and ‘‘(2) violence directed at persons seeking to RAY, 10 minutes. provide reproductive health services contin- child labor law, I have some pause. Mrs. MURRAY. Mr. President, I ues to increase in the United States, as dem- So it is a very complicated piece of thank my colleague from California, onstrated by the recent shootings at two re- legislation. But what is not com- who has been very persistent on this productive health clinics in Massachusetts plicated, Mr. President, to understand issue and deserves a great deal of grati- and another health care clinic in Virginia; is that there is violence in our land and ‘‘(3) organizations monitoring clinic vio- tude and credit from all of us for insist- it takes many forms. If there is one ing that we bring before us this very lence have recorded over 130 incidents of vio- area in which I believe I should make a lence or harassment directed at reproductive important sense of the Senate that contribution, it would be in the area of health care clinics and their personnel in speaks to the violence that has been violence in America—whether it is on 1994 such as death threats, stalking, chemi- occurring at reproductive health care our streets, whether it is in the homes, cal attacks, bombings and arson; clinics in this Nation. ‘‘(4) there has been one attempted murder whether it is in schools, wherever it oc- We are all aware of the violence that in Florida and four individuals killed at re- curs, including reproductive health has ravaged neighborhoods throughout productive health care clinics in Florida and care clinics. I have made many state- Massachusetts in 1994; ments throughout this day and last our Nation. And I have to tell you ‘‘(5) the Congress passed and the President every time kids gather in my kitchen signed the Freedom of Access to Clinic En- week and before that on the history of violence at clinics. And so I have been or I talk to my next door neighbors or trances Act of 1994, a law establishing Fed- my parents, the first words out of their eral criminal penalties and civil remedies for pursuing a very clear sense of the Sen- certain violent, threatening, obstructive and ate that the Attorney General should mouths is not unfunded mandates or destructive conduct that is intended to in- act fully and enforce the law and pro- line-item veto, it is: ‘‘What are you jure, intimidate or interfere with persons tect the decent, law-abiding citizens of going to do about the issue of violence seeking to obtain or provide reproductive this land, who happen to be in or in this country?’’ They tell me they health services; around health care clinics. fear walking in their neighborhoods, ‘‘(6) violence is not a mode of free speech fear going to their schools, and they and should not be condoned as a method of I want to say that the manager of the expressing an opinion; and bill, the Senator from Idaho, has been want to know what we are going to do. ‘‘(7) the President has instructed the At- most gracious to me. I want to say that Well, the campaign of terror that is torney General to order— he has understood quite clearly how being perpetrated against doctors and ‘‘(A) the United States Attorneys to create deeply I felt about this issue, and he patients in reproductive health clinics task forces of Federal, State and local law has made every effort to bring about a is a frightening example of this vio- enforcement officials and develop plans to resolution to my problem which, clear- lence. The message that this violence address security for reproductive health care clinics located within their jurisdictions; ly stated, was I could not find a way, sends to our children—that the world is and Mr. President, to bring this up before a frightening place—is intolerable. ‘‘(B) the United States Marshals Service to the body until an agreement was When they see a gunman at a clinic, it ensure coordination between clinics and Fed- worked out. reinforces in their minds that this S 1050 CONGRESSIONAL RECORD — SENATE January 18, 1995 world is not a safe place. It is incum- It’s all about silence—silencing the Christian divisions was created in 1993, and stepped up bent upon us as the elected leaders in message. That’s what they want,’’ Benham its efforts after Paul D. Hill shot to death this Nation to tell our children that we said of abortion rights leaders. ‘‘They two people at a Pensacola, Fla., clinic last will do all we can to make sure that screech and scream about us crying fire in a July. A grand jury is currently hearing evi- crowded theater. And I agree it is wrong, un- their world is safe. dence in Alexandria. less there is a fire. If there’s a fire in that Authorities are focusing on whether there I read yesterday’s Washington Post theater, we better call it that. Our inflam- is a national conspiracy, although some offi- and was very struck by the article that matory rhetoric is only revealing a far more cials privately note they have not found evi- appeared. I ask unanimous consent inflammatory truth.’’ dence to support that at this stage in the in- that this article be printed in the In most cases, the violence has disrupted vestigation. Several law enforcement offi- RECORD. clinics where a large portion of staff time is cials say it is more likely they will find sepa- There being no objection, the article devoted not to abortions but to routine wom- rate conspiracies conducted by small cadres was ordered to be printed in the en’s reproductive health care—pap smears, of activists, as well as campaigns carried out teaching and supplying birth control meth- RECORD, as follows: by individuals. ods, and treating sexually transmitted dis- Some of the incidents match the descrip- [From the Washington Post, Jan. 17, 1995] eases. Phone calls to a dozen clinics targeted tion of tactics in ‘‘The Army of God’’ manual CLINIC KILLINGS FOLLOW YEARS OF by the violence found that six of them did that law enforcement officers found buried ANTIABORTION VIOLENCE not even provide abortion services. in the yard of Rochelle ‘‘Shelly’’ Shannon, (By Laurie Goodstein and Pierre Thomas) At the Women’s Pavilion Clinic in South an Oregon activist convicted of shooting Militant antiabortion activists have been Bend, Ind., which does perform abortions, in Wichita doctor George Tiller, and awaiting waging a protracted campaign of violence recent years somebody has hacked holes in trial on eight counts of arson at clinics in against women’s health clinics and the peo- the roof with an ax, shot out the windows several states. ple who work in them over the past decade, and sent repeated death threats to gyne- ‘‘Annihilating abortuaries is our purest creating a climate of terror long before a cologist Ulrich Klopfer by phone and mail, form of worship,’’ the manual says. It gives gunman opened fire last month at clinics in said Marni Greening, the clinic’s director. explicit instructions for home-brewing plas- Massachusetts and Virginia. Meanwhile, protesters with a group called tic explosives, fashioning detonators, deacti- the Lambs of Christ have regularly barri- The killings of two doctors, two clinic staff vating alarm systems, and cutting phone, caded the doors and blockaded the driveway, members and a voluntary escort over the gas and water lines. undeterred by repeated arrests. past 22 months have captured national atten- Some federal investigators suspect that In the early hours of Mother’s Day 1993, tion. But the tally of violence over the past there is no organized ‘‘Army of God.’’ They someone connected a hose to the clinic’s out- 12 years includes 123 cases of arson and 37 believe the manual has not been widely dis- door spigot and fed it through the door’s bombings in 33 states, and more than 1,500 tributed, but may have provided guidance in mail slot, flooding the clinic’s entry room. cases of stalking, assault, sabotage and bur- several cases of arson, bombing and sabo- glary, according to records compiled by the The person or persons then poured in butyric tage. The butyric acid attack on the Wom- Bureau of Alcohol, Tobacco and Firearms acid, a nearly indelible substance that smells en’s Pavilion in South Bend precisely (ATF) and the clinics themselves. like feces and vomit and becomes more po- matches tactics described in the manual. ‘‘We have seen a consistent pattern, ac- tent in water. The clinic had to shut down After the recent shootings in Massachu- knowledging the fact that people are willing for 71⁄2 weeks to get rid of the smell, Green- setts, in which two clinic receptionists were to go to any means for their cause,’’ said ing said. Ralph Ostrowski, chief of ATF’s arson and The unrelenting and unpredictable nature killed and five people wounded, the Justice explosives division. ‘‘In the past we would of the violence has produced a resolute fatal- Department ordered federal officials to have acts of violence directed at property. ism among the staff. Klopfer said he was record every threat against clinics and their Now we see acts of violence directed at peo- shot at last week as he drove home from staffs, and began to enforce the civil provi- ple.’’ work. He reported it to federal marshals, sions of the Freedom of Access to Clinic En- Nearly all antiabortion leaders say they but, he said: ‘‘If it’s going to happen, it’s trances (FACE) law. Enacted last year, the are aware of the scope of the violence and going to happen. I’m realistic enough. Look law makes it a federal crime to physically have condemned it, and say no one in their at all the people shooting up the White block access to clinics, damage their prop- groups is associated with such tactics. They House, and that has a hell of a lot better se- erty or injure, interfere with or intimidate describe the violence as an aberration. curity than I do.’’ their staff or patients. ‘‘There is not this collective soul-searching Owners of the Hillcrest Clinic in Norfolk, Last week a federal judge in Kansas City, on the part of our movement because we where John C. Salvi III allegedly fired about Mo., used the civil provisions of the FACE have been responsible and we have been non- 23 shots, sustained $250,000 worth of damage law to issue a temporary restraining order violent,’’ said the Rev. Patrick Mahoney, di- in an arson case in 1984 and another $1,000 in against Regina Rene Dinwiddie for threaten- rector of the Christian Defense Coalition. damage in a bombing in the next year. Staff ing and intimidating staff and clients at the There are ‘‘extremists in every move- members there have stopped commenting Planned Parenthood of Greater Kansas City ment. . . . I think that extremists opposed about attacks. clinic. to abortion got frustrated, felt they were los- At the Planned Parenthood clinic in Lan- Antiabortion protesters say the law is ing the battle and felt it was incumbent caster, Pa., clinic director Nancy Osgood re- being used to limit their freedom of speech. upon themselves to resort to violence.’’ members a 3 a.m. phone call in September But federal officials are beginning to crack The Rev. Flip Benham, director of Oper- 1993 when she rushed to the clinic in time to down on the death threats that have become ation Rescue, went further and accused see the brick building smoldering, gutted by increasingly common. There were about 400 ‘‘those in the abortion-providing industry’’ fire. The Lancaster facility does not perform death threats and bomb threats logged in of committing most of the violence in an at- abortions, although other Planned Parent- 1994 alone. tempt to discredit the antiabortion move- hood clinics do. On Jan. 7, signs were found posted at four ment. He should he would soon bring evi- No suspects have been arrested in that clinics in Long Island saying, ‘‘Danger: This dence to Washington that would undermine arson, although national abortion rights is a War Zone. People are being killed here the government’s statistics. groups offered a $100,000 reward for tips on like in Boston. You risk injury or death if However, ATF spokeswoman Susan this and other crimes. ‘‘Finally we have na- you are caught on or near these premises,’’ McCarron said of the 49 people prosecuted so tional leadership talking about this being said Karen Pearl, executive director of far, ‘‘We found that all expressed anti- domestic terrorism. We’ve said that for Planned Parenthood of Nassau County. abortion views. There is nothing in our cases years,’’ Osgood said. The threats follow clinic staff members to that would show it’s providers or supporters ATF agents have arrested 49 people in 77 of their homes and neighborhoods. Carolyn of abortion that are doing these acts, but we the bombing and arson cases. Thirty-three Izard, a nurse and clinic director at Little investigate all leads.’’ cases have been closed because they have ex- Rock Family Planning Services in Arkansas, Immediately after hearing the news of the ceeded the statute of limitations. The 50 arrived home one day to find her neighbor- killings last month in Brookline, Mass., Car- cases still under investigation include an hood was papered with fliers calling her a dinal Bernard Law, archbishop of Boston, is- arson at the Commonwealth Women’s Clinic ‘‘death camp worker.’’ sued a statement asking for a moratorium in Falls Church last July 31. ‘‘It backfired on them,’’ Izard recalled. ‘‘I on protests at abortion facilities. But his Damages range from $150 at a Brooklyn got calls from neighbors that told me that plea has been rejected by other prominent N.Y., clinic that was the target of two Molo- they supported me 100 percent and they were figures across the spectrum in the anti- tov cocktails in 1993, to $1.4 million caused furious that this kind of brochure was left on abortion movement—including Benham, Car- by an arson fire at Family Planning Associ- their doors for their children to see.’’ dinal John J. O’Connor of New York and ates in Bakersfield, Calif., in September of Curtis Stover has seen a dramatic change Judie Brown of the American Life League. the same year. The total damage to property in the protesters’ behavior in the 21 years Like many other antiabortion leaders amounts to more than $12 million. he’s performed abortions in Little Rock. interviewed, Benham said he sees no connec- A federal task force of officials with the ‘‘Before, all they would do is quietly carry tion between angry rhetoric and violent ac- ATF, FBI, U.S. marshals and lawyers from placards around and not do much,’’ Stover tion. ‘‘This whole thing isn’t about violence. the Justice Department’s criminal and civil said. Now, ‘‘every other sentence is full of January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1051 the word ‘murder.’ Patients come in and we properly acknowledged that vio- of the United States, to Members of the they yell at them not to murder their babies. lence is not a mode of free speech. It is House, to Members of the Senate, min- I’ve had picketers tell me I was going to die time for all of us, no matter how we isters, priests, and rabbis from the pul- by a certain date.’’ feel about the issue of abortion, to let pit, and anywhere anyone can make a Mrs. MURRAY. In the first paragraph our Nation know that we will not toler- speech. it says: ate violence as a means of protest. It is atrocious when you think of 130 Militant antiabortion activists have been I am proud to cosponsor this sense- incidents of death threats, stalking, waging a protracted campaign of violence of-the-Senate resolution urging the At- chemical attacks, bombings, arsons, against women’s health clinics and the peo- torney General to fully enforce the attempted murder, to say nothing of ple who work in them over the past decade law. And I urge my colleagues to sup- * * * The tally of violence over the pass 12 the four murders which have been per- years includes 123 cases of arson and 37 port it as well. Again, I thank my col- petrated and the fear that is being cre- bombings in 33 States, and more than 1,500 league from California, Senator BOXER, ated at 900 health clinics around the cases of stalking, assault, sabotage and bur- and I yield back my time to the Sen- country. glary, according to records compiled by the ator from California. The point has been made, but it is *** ATF and the clinics themselves. Mr. KEMPTHORNE. Mr. President, I worth reinforcing, that the majority of I think it is high time this Senate would like to yield 10 minutes to the activities at these clinics do not in- goes on record that we do not condone Senator from Pennsylvania. volve abortion at all. The Appropria- these acts of violence. Mr. SPECTER. Mr. President, I tions Subcommittee on Health and Women’s health care providers across thank my colleague from Idaho for Human Services, which I chair, will the Nation are facing bombings, arson, yielding me 10 minutes. have a hearing on the range of medical This is an important amendment, Mr. kidnappings, and assaults. As they go services which are performed. As al- President, because it is a forceful con- to work each day, these health care ready mentioned: Pap smears, mammo- demnation against violence. It might providers must contemplate the possi- grams, other health services for be thought unnecessary to condemn vi- bility that an antichoice extremist will women. These women are being terri- olence because it is so obvious that vio- try to kill them. The shootings at clin- fied. lence is the major problem in the Unit- ics in Massachusetts and Virginia are The resolution calls for the creation only the most recent examples. ed States today, with the crime wave, of task forces and coordination by U.S. One doctor in my State of Washing- and the major problem in the world Marshals Service; that is fundamental ton wrote to me recently and said: with conflicts and wars going on all around the world. But it is important to help law enforcement, to have the Every time I walked toward the building, I agencies of the law work together. thought to myself that some antichoice ter- to have this forceful condemnation rorist could have set a bomb and that my life against violence, because people are There are substantial funds available could be on the line. Fortunately, so far I standing up and saying that these acts at the present time; more than $1 bil- have been able to work unimpeded, but with of violence, these acts of murder, are lion available to local prosecutors on every assault on a clinic around the country, justifiable homicide, which is an abso- applications which would be made. I I worry about the safety of my staff as well lute absurdity under the law. think that the Department of Justice as that of my patients. The next time a gun The distinguished Presiding Officer would look very favorably upon appli- is fired, it could well hit a patient or staff has been a law enforcement officer, an cations which were made along this member. The psychological toll all this line. takes on clinic staff is enormous, as you can attorney general of Missouri. This Sen- well imagine. ator spent 12 years in the Philadelphia There is also considerable funding in the crime bill to protect women I ask my colleagues to step back and District Attorney’s Office—4 years as against violence. So funds are available view this issue as a parent. That is how an assistant, trying murder cases, rob- in additional amounts. I view it. I have a young daughter and bery, rape, and arson cases, and then 8 The final part of resolution, stating I cannot express the fear that I have years as district attorney of an office that, ‘‘It is the sense of the Senate that that perhaps some day if the horrible which handled 30,000 criminal trials a the United States Attorney General should happen and my daughter is year and some 500 homicide cases. should fully enforce the law and pro- raped, that not only should she have to There is no justification whatsoever go through the trauma of an abortion, for saying that murder is justifiable tect persons seeking to provide or ob- but she would have to fear for her life homicide when it is related to someone tain, or assist in providing or obtain- when she attempts to get access to safe who performs an abortion. ing, reproductive health services from health care. Under the laws of the United States, violent attack,’’ is just very, very fun- The same article that appeared in the Roe versus Wade and Casey versus damental. Washington Post yesterday has an im- Planned Parenthood, there is a period Not that it is necessary, but there is portant paragraph that we must also during which this is lawful conduct, an additional clause which protects remember. and how anyone can say that it is jus- first amendment freedoms of expres- It says: tifiable homicide is an absolute absurd- sion. ity. I think Cardinal Law in Boston was In most cases, the violence has disrupted clinics where a large portion of staff time is I thank the Chair for nodding in right on target when he made a plea to devoted not to abortions but to routine wom- agreement, because I make a point desist from any conduct which could be en’s reproductive health care—pap smears, which is very obvious to anyone who remotely connected with inciting vio- teaching and supplying birth control meth- has had any experience in law enforce- lence at these clinics. First amend- ods, and treating sexually transmitted dis- ment and, beyond that, to any think- ment freedoms have to be protected so eases. ing American. But in newsprint today, that people can speak up. Let us remember that women go to stories are carried about people who I think that it is a very, very impor- these clinics for pap smears as well. make this contention. And some of the tant statement to have this kind of a Their lives have been endangered, and public opinion polls show a response forceful condemnation against vio- we need to protect them. —one poll showed 3 percent of the peo- lence, especially in the context where Last year, Congress passed the Free- ple have this idea. It should be labeled so many people are absurdly talking dom of Access to Clinic Entrances Act as emphatically as possible that it is about justifiable homicide. and the President signed it into law. an absurdity. I urge my colleagues to have the The law outlaws clinic violence while When the Senate of the United States strongest conceivable vote in support protecting lawful picketing and lawful speaks out, as I am confident the Sen- of this important resolution. protests not accompanied by force, ate of the United States will speak out I thank the Chair and yield the floor. threat of force, or physical obstruction. tonight, in condemning this kind of vi- Mrs. BOXER addressed the Chair. Mr. President, I fully support our olence, it will make an impact. This The PRESIDING OFFICER. The Sen- first amendment rights under the U.S. condemnation should ring from every ator from California. Constitution. However, with the Free- speaker in America who has an oppor- Mrs. BOXER. Mr. President, I yield dom of Access to Clinic Entrances Act tunity to speak out, from the President as much time as she may consume to S 1052 CONGRESSIONAL RECORD — SENATE January 18, 1995 the Senator from Maryland [Ms. MI- end to this violence. But the success of women go to these clinics? Who goes? KULSKI] who was a very early sponsor this law now rests with the Attorney They are ordinary women, many of of this resolution. General. I believe she has taken impor- whom who have no health insurance. The PRESIDING OFFICER. The Sen- tant steps to enforce this bill. They have bad backs, they have vari- ator from Maryland is recognized. But the Attorney General must take cose veins, and they want to see a doc- Ms. MIKULSKI. I thank the Chair. all necessary steps to ensure that not tor. And their GYN is their primary I thank Senator BOXER for yielding one more health care worker loses his care physician. That is what they want me time. or her life in a facility that happens to to go there for, general primary care, Mr. President, I rise today to speak perform abortions. The Attorney Gen- information about reproductive free- in favor of the Boxer sense-of-the-Sen- eral must do all that can be done to see dom, and some, because of either medi- ate resolution. I join Senator BOXER that no more individuals are injured, cal necessity or medical appropriate- and the other cosponsors in expressing maimed or murdered. She must enforce ness, will have an abortion. That is our outrage at the recent killings of the law so that individuals are pro- why they go. clinic workers in Massachusetts. tected from violent attack. Every ef- I call upon the religious leaders of I wish to thank my colleague from fort must be made to stop the terror- this country to speak out against this. California for offering this sense-of- ism that reproductive health clinics I call upon the Attorney General of the the-Senate resolution. I am only sorry and their staffs endure. The message United States to enforce the law. To- that we were not able to bring this to must be clear: That these attacks will night I call upon the U.S. Senate to the floor in a more timely fashion. But be met with the harshest response. And pass the Boxer resolution. Let us make her steadfastness in pursuing our right the message must be clear to the oppo- sure that America is the land of the to speak up, speak out, and vote on nents of the freedom to choose, that free. this issue is really to be a source of this type of extremism will not be tol- Mr. KEMPTHORNE. Mr. President, I kudos to her. erated, and it is not American. yield 5 minutes to the Senator from When we come to the content of this The violence has gone too far. It is Maine. resolution, we have to say that, sadly, time to return to civility, to decency, Ms. SNOWE. I thank the Senator for this is not the first time we have come to the principles on which this country yielding. to the floor to express our outrage at were founded. A woman should not be Mr. President, as someone who is senseless killing of health care provid- at risk of losing her life to get the deeply committed to ensuring choice ers. That is what we are talking health care she needs. and quality of women’s health I cer- about—health care providers. We came Let me say this about protests. In tainly rise in strong support of the to the floor when the antiabortion ex- the United States of America people amendment that has been offered by tremist Paul Hill shot and killed Dr. can protest. When we passed the Free- the Senator from California. I, first of Gunn. We were here when Dr. John dom of Access to Clinic legislation, we all, want to also thank and commend Britton and Lt. Col. James Barrett ensured that nonviolent peaceful pro- the Senate majority leader for ensur- were brutally murdered in Pensacola. tests be allowed to occur. Mr. Presi- ing the consideration of this amend- And we are here again tonight to decry dent, I am in politics because I was a ment during the deliberations of un- the deaths of Shannon Lowney and protester, a nonviolent protester who funded mandates. This issue is very Leanne Nichols and the five other indi- organized her community out of the timely. It is a matter of life and death, viduals who were seriously injured ear- basement of St. Stanislaus Church to when we consider what has happened in lier this month. protest the highway, a 16-lane high- abortion clinics all over America. I am The killing must stop, and it must way, that was going to sweep through pleased we are able to consider this res- stop now. my neighborhood, taking the homes of olution. I am sorry it is under the cir- It is no longer simply a protest older European ethnics, and the first cumstances under which we are consid- against abortion. Peaceful protests black home ownership neighborhood in ering it in light of what happened in have given away to extremism. Protest Baltimore. Brookline, MA, with the recent has turned to violence. This is not the So I know what it is like to be a non- killings. American way. The United States of violent protester, to organize people in This amendment is appropriate be- America, through its Constitution, pro- a way that is joyful, exciting, creative. cause it expresses the sense of the Sen- vides people the opportunity to speak Know what we did? We did not go out ate that the U.S. Attorney General out, to have dissenting views, and to do and beat a mayor up. We did not bomb should fully enforce the law. The At- it in an atmosphere that is protected the Secretary of Transportation. We torney General must use all the tools by law. But, unfortunately, that is not held a festival. We held a festival to at her disposal to protect persons seek- where we are now. show what our neighborhoods were. ing to obtain or provide reproductive For those physicians and other peo- And in that neighborhood where I now health services from violent attacks. ple who work at the Planned Parent- live and commute from Baltimore We have seen in recent months, regret- hood clinics, doctors are being forced every day, stands the neighborhood tably and tragically, an alarming trend to wear bulletproof vests. This is the that I helped save. toward violence and terrorism against United States of America. A doctor, in- And by being a protester the people reproductive health clinics. Too often, stead of putting on a white lab coat, did not punish me. They rewarded me those extremists who oppose a woman’s must put on a bulletproof vest to meet and sent me to the Baltimore City right to reproductive health have re- the compelling needs of his patients; Council, from there, the House of Rep- sorted to intimidation and even vio- clinics are being forced to build for- resentatives, and then to be here in the lence in order to prove their point. tresses to protect their staff; patients U.S. Senate. Peaceful civil disobedience is one are being forced to use escorts to get For everyone in the United States of thing, but these acts have far crossed into the clinics. And even with all of America whose views I either agree or the line of acceptable behavior. these precautions, the killings con- disagree with, I want to guarantee We are a nation that prides ourselves tinue. them the right of continued nonviolent on our diversity, diversities of views, I cannot tell you how saddened I am protest. So the words of Gandhi, Mar- ideas, and values. As a nation of laws by this. Women in this country are tin Luther King, and that methodology we simply cannot and we simply will being sent a message that they risk is there. We are acting like these are not tolerate cold-blooded murder. Nor their lives if they seek reproductive the Bull Connors of reproductive free- can we tolerate bombings, vandalism, health care. Let me repeat that. In the dom. In the old days those who were assault, bombings, arson, destruction United States of America, women risk against civil rights bombed churches, of property, and the physical preven- their lives if they seek reproductive killed children; Bull Connor turns the tion of people from entering medical health care. That is an injustice. fire hoses on them. This is the same clinics. Last year, this body adopted a rule of thing. Yes, we are a nation of diversity, and law—it was called the Freedom of Ac- So, now, we have to stop that. We that diversity depends first and fore- cess to Clinic Entrances Act—to put an have to stop it with the law. Why do most on our adherence to the laws January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1053 made by our elected representatives of grams, Pap smears and other forms of Mrs. BOXER. Mr. President, will you the people. It is this fact that distin- counseling for women. In fact, more inform me as to how much time I have guishes our democracy from other than 90 percent of clinics provide these remaining on my the side? forms of government and that has con- health services in addition to reproduc- The PRESIDING OFFICER. The Sen- tributed over time to our Nation’s tive health services. ator has 17 remaining minutes. peace and prosperity. In my home State of Maine, Mr. Mrs. BOXER. If the Senator from Illi- Last year, as we all know in response President, medical clinics and physi- nois is interested, I can yield her 5 to many of these tragic incidents, the cians have been targeted. So far, minutes at this time. I yield the Sen- 103d Congress considered, deliberated, thankfully, without the life-threaten- ator from Illinois up to 5 minutes at and enacted the freedom of access to ing violence that occurred in Brook- this time. clinic legislation. As a Member of the line. The PRESIDING OFFICER. The Sen- House of Representatives, I was an The PRESIDING OFFICER. The 5 ator from Illinois. original cosponsor and worked with minutes allotted have expired. Ms. MOSELEY-BRAUN. Mr. Presi- many of my colleagues on both sides of Mr. KEMPTHORNE. Mr. President, I dent, I want to commend and congratu- the aisle in both bodies in this institu- would be happy to yield 3 additional late Senator BOXER for this initiative, tion, in order to ensure that it became minutes. and I hope this body, in a resounding the law of the land. Ms. SNOWE. Three physicians at the unanimous vote, makes it clear that This new law makes it a Federal of- Penobscot Bay Women’s Health Center we condemn in the strongest terms the fense to block the entrance to a medi- in Rockport, ME, decided to cease of- violence that has occurred, the extre- cal clinic offering reproductive serv- fering full services because of concern mism that has occurred, and the tak- ices, and to use force or the threat of for the safety of patients and the staff ing of innocent life as a form of protest force to intentionally interfere with or after 3 years of protests. by any group in this country. injure anyone attempting to obtain or After a week of picketing and The Congress, I believe, must send a provide reproductive services. The Su- threats, Dr. Gregory Luck chose to clear, unequivocal signal that this preme Court has made clear that these close the medical clinic in Falmouth, country will not tolerate the use of ter- rights of peaceful protest do not extend ME, offering a full range of women’s ror, violence, and murder to express to threats and violence, as made clear health services that has been opened disagreement with the current laws re- in recent decisions. In a 6 to 3 ruling for more than 10 years, rather than lating to abortion. last June the Supreme Court ruled in risk violence against his patients and Whether one supports abortion or the case of Madsen versus Women’s staff. Dr. Luck, in closing his practice, not—and I have made it clear and, in Health Center that restrictions of pro- said he could not guarantee the safety fact, my colleagues and I sometimes testers were constitutional, including of his patients. Women, he said ‘‘have have a minor disagreement on this the establishment of a buffer zone be- been subjected to harassment irrespec- point, that I do not personally support tween the clinic entrance and else- tive of whether they planned to visit abortion. I do, however, in the strong- where. my office or any other office and irre- est terms support the right of a woman In 1993, the court filed a unanimous spective of what medical service they to choose to have an abortion. I do not opinion in the case of Wisconsin versus required,’’ he said in announcing the believe that it is the Government’s role Mitchell, a hate crimes case. The Court decision. to intervene itself and interpose itself held that physical assault was not As we have seen in U.S. News & in so personal and private a moral deci- among the forms of allowable ‘‘expres- World Report this week, it says ‘‘physi- sion as to whether or not to carry a sive conduct,’’ and decried violence as cians under fire,’’ having to wear bul- child to term. I believe that that is an a form of civil disobedience. But the let-proof vests, and carrying guns and issue that women, of whatever stripe, terrorist acts at medical clinics in the weapons to protect themselves, to pro- have to maintain as a matter of fun- past months have crossed the lines of vide for the safety of their employees. damental constitutional liberty, and peaceful disobedience, and they mark It is regrettable in this country we the Supreme Court of the United the beginning of an alarming trend. have reached this point in time. States, in Roe versus Wade in 1973, According to the National Abortion Mr. President, safe, affordable and agreed with that point of view. Federation, 61 percent of nonhospital accessible reproductive health services Within the parameters, it recognized abortion providers report being the tar- are crucial to the well-being of women. a woman’s right under the Constitu- get of some form of harassment includ- We must send a message to would-be tion to control her body, a woman’s ing personal harassment of themselves terrorists that violence and threats of right to choose to have an abortion. and of their families away from the fa- violence and vandalism at these cen- For those of us who are not pro-abor- cility. From 1977 to 1983 there were 149 ters will not be tolerated and will be tion but rather are pro-choice, it be- incidents of violence against health punished under the fullest extent of the comes a distinction that is a very im- clinics. Since then, reproductive health law. portant one. It means that Government providers have reported almost 1,500 Congress needs to act on behalf of the must, on the one hand, keep its hands acts of violence. Not always shootings, families and friends of those who have off women’s bodies; Government must, not only in Norfolk and Brookline, but tragically died because of their belief on the one hand, continue to preserve also kidnapping, burglary, arson, tele- in a woman’s right to decent medical the liberties and freedoms that women phone threats, stalking, invasion, and services. Congress needs to act on be- have to decide whether or not to be vandalism. half of low-income women who depend parents. But at the same time, Govern- In 1994 there were over 130 incidents on such clinics for their personal ment has an obligation and a respon- nationwide of violence or harassment health needs, the rural woman who al- sibility to protect people in the exer- directed at clinics and the people who ready faces burdens and barriers to ac- cise of their legitimate rights under work there. In the horrifying shootings cess, but most importantly, for all the Constitution of this country. of Brookline, MA, which resulted in the women and their families who depend That is what is at issue here: That we tragic deaths of two women are clear on safe access to the health care that have legitimate rights that have been indication that the violence is continu- they need and that they deserve. established under the law in this coun- ing. As many others have indicated So I urge my colleagues to support try, and the question is whether or not here this evening, what kind of clinics this very important amendment. in these United States the rule of law have been targeted for the terrorist Again, I want to thank the Senator will predominate or whether or not we tactics? Clinics which provide not just from California and the Senator from will allow ourselves to be dictated to reproductive health services, but clin- Idaho for yielding me this time. and controlled by extremists and, in- ics which provide essential pediatric I yield the floor, Mr. President. deed, extremists who become mur- care, prenatal care, childhood immuni- Mrs. BOXER addressed the Chair. derers. zation, diagnosis and treatments of The PRESIDING OFFICER. The Sen- The murders that occurred most re- STD’s, contraceptive services, mammo- ator from California. cently are horrendous, horrendous S 1054 CONGRESSIONAL RECORD — SENATE January 18, 1995 acts. I believe every person of con- Mr. KENNEDY. Mr. President, I enforcement of the new Federal law, science should, in the strongest terms, strongly support this amendment. The and for their commitment to work condemn that violence and condemn Senate must go on record unequivo- with State and local law enforcement murder, certainly as a way of expres- cally to condemn the use of violence authorities to protect clinics through- sion. That is not an expression of one’s against abortion providers, and to call out the country. We must do every- free speech. That is not anything but on law enforcement authorities to do thing in our power to guarantee public plain—it is what it is, which is murder. everything in their power to prevent safety and prevent the use of violence We must always be clear that if we are such violence and protect citizens from against patients and providers. concerned about life, if we celebrate it. It is a privilege to join Senator and want to protect life, then we have The most recent deadly assaults oc- BOXER in urging adoption of this to stand four square with those who are curred at two clinics in Brookline, MA, amendment. I hope that every Member exercising their right to live and exer- on December 30. Two women who of the Senate will vote in favor of this cising their rights under this Constitu- worked as receptionists at the Brook- important measure. tion. line clinics had their lives brutally cut Mr. KERRY. Mr. President, I am hon- And so since this country has the short. Five other people were seriously ored to join my colleague from Califor- rule of law and not the rule of individ- wounded. My heart goes out to these nia in proposing this important piece uals who will enforce their point of victims and their families. of legislation expressing the outrage of view from the barrel of a gun, since This kind of vicious, hateful assault this body over abortion clinic violence. that is the rule of law in this country, against women and health care provid- No matter what our views on abor- I believe that in this Senate it is appro- ers cannot be tolerated in any commu- tion might be, I am sure that every de- priate to stand up for that right and for nity in America. No effort can be cent American mourns the senseless this Senate to express in the clearest spared to make sure that these despica- murders that have been committed at terms that we condemn extremism, we ble crimes are not repeated anywhere abortion clinics. certainly condemn murder, and we con- else. On the first day of this session, I rose demn any effort to interfere with some- Women must be able to seek repro- to discuss the broad implications of one’s exercise of rights they enjoy ductive health care without fear of vio- abortion clinic violence. I would like to under the Constitution of this country. lent assault. Doctors should be able to reiterate some of the points that I Local police must make the enforce- practice their profession without wear- made at that time. ment of the Freedom of Access to Clin- ing bullet-proof vests. Clinic staff I am deeply saddened that my State ic Entrances Act, which we passed last should be able to go to work each day has joined others that have seen the year in a bipartisan vote, an absolute in safety. horror and felt the pain of this sense- priority of theirs. Our Justice Depart- Abortion is a constitutionally pro- less violence. ment, I believe, has every obligation to tected right, and it must be safe and The Friday morning before New look into the network of individuals accessible. Last year, Congress passed Years Eve, at 10 a.m., Shannon who are extremists in this area and the Freedom of Access to Clinic En- Lowney, a 25 year old activist working who could deprive Americans, and par- trances Act with broad, bipartisan sup- as a receptionist at a clinic in Brook- ticularly women, of their rights not port, and President Clinton signed it line, MA, looked up and smiled at a only to choose abortion, but to choose into law. man who had just walked into her of- appropriate health care, to choose to That law gives the Attorney General fice. It was John Salvi. get counseling, to choose to go to the tools she needs to prevent violence He pulled a collapsible Ruger rifle places where they can receive physical and obstruction and to punish such from his bag—aimed it at Shannon— care for their condition. acts whenever and wherever they occur and fired at point blank range. He These clinics provide a lot of dif- with the full force of Federal law. killed Shannon and wounded three oth- ferent services, as has been pointed out The Justice Department has already ers. by previous speakers. It is not simply a brought several enforcement actions And now, in mourning her death, we place where one might go for abortion under this law, and it is actively inves- ask ourselves: Who was Shannon services. Indeed, if anything, one of the tigating other possible violations. In Lowney and what did her life show us? real concerns is that these clinics may addition, the Attorney General has di- Her friends called her ‘‘Shanny’’ and be less capable of providing counseling rected U.S. attorneys around the coun- she was a caring, committed young against the transmission of AIDS, try to coordinate a joint effort by Fed- woman who represents the best of her against the transmission of disease; eral, State, and local law enforcement generation. She cared about people. that they will not be able to play the authorities to ensure that clinics and She tutored Spanish-speaking children public health role that they are providers in every community are ade- in Cambridge, helped poor villagers in uniquely situated to play because of quately protected. Ecuador, worked with abused children the intimidation, because of the vio- Some have suggested that the new in Maine, and last week she finished lence, and because of the extremism. Federal law is somehow responsible for her application to Boston University When that extremism reaches the fomenting violence at abortion clinics, for a masters in social work. fever-pitch point that it has now, I because it allegedly closes off peaceful She was one of those rare people who think it is altogether appropriate for picketing as an outlet for those with confronted injustice and acted on her those of us in this body to stand up for strongly held views against abortion. deep and abiding belief that we are all the rule of law, to stand up for the Any such suggestion is nonsense. in this together—we are community right of women to choose and to make The clinic access law does not pro- and each of us must accept our per- their own decisions about their private hibit or punish peaceful picketing or sonal responsibility within that com- health care, and to make it very clear any other expression protected by the munity. that we condemn in the strongest first amendment. On the contrary, it The irony and the tragedy is that—to terms the violence that has occurred. specifically permits it. What the act John Salvi—Shannon’s life meant That is the purpose of the sense-of- prohibits is violent, threatening, ob- nothing—the good and decent life of the-Senate resolution that has been structive, or destructive conduct—none someone who truly cared about others filed by Senator BOXER and of which I of which has ever been protected by the was taken in the name of ‘‘life’’. am a cosponsor, and that is certainly Constitution. For that reason, all of Mr. President, no matter what our the initiative behind this sense-of-the- the Federal courts that have reviewed views on abortion might be, I am sure Senate resolution. I call on all of my the law since President Clinton signed that every decent American mourns colleagues, whether you are pro-choice it last year have upheld it. Tough laws the senseless murder of Shannon or pro-life, to support the BOXER against clinic blockades and clinic vio- Lowney and is touched by the loss of amendment. Thank you. lence are not the problem. They are the someone so young and so committed to Mrs. BOXER addressed the Chair. solution. working with others. The PRESIDING OFFICER. The Sen- I commend President Clinton and At- Contrast Shannon’s life and her mo- ator from California. torney General Reno for their vigorous tives with the life and motives of a January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1055 man like John Salvi—A man who ciety to people like John Salvi and ple of my state are shocked and out- killed one person and wounded five oth- Paul Hill has increased that danger, raged at this senseless act of violence ers and then left Planned Parenthood and increased the threat to those who that took them from us, and I know and walked a few blocks to the chose to show their commitment and that I speak for every member of the Preterm Health Services Clinic. He their faith by helping others build a Senate in extending our deepest condo- asked Lee Ann Nicols, a 38-year-old re- better life for themselves and for their lences to their families and friends and ceptionist engaged to be married this families. to all the victims of this tragedy. year, whether this was the preterm I believe it is time for both sides in The lesson, Mr. President, is ‘‘toler- clinic. the abortion issue to find a way to ex- ance’’ and it is a lesson we would do She said yes and he shot her from press their views without increasing well to learn; and—if we do not learn less than one yard away—killing her on the level of the rhetoric or the level of it—we will have dishonored the mem- the spot. violence. ory of two young women from Massa- He then said, ‘‘in the name of the It is our task to sit down and talk to chusetts who lost their lives to intoler- mother of God’’, aimed at Richard each other, and I commend my friend ance in the name of God. Seron, a lawyer working as a security and constituent, Cardinal Bernard Thank you, Mr. President. I yield the guard, and shot him once in each arm. Law, of the Archdiocese of Boston, for floor. He shot one other person, 29-year-old his efforts to bring both sides together. Mrs. BOXER. Mr. President, I ask my June Sauer once in the pelvis and once He has shown himself to be an individ- colleague if there are any other speak- in the back, and then he left. ual of courage in this regard. Even ers that he knows of at this time on his Five people injured—two people though he is strongly pro-life, he has side, and if there are not, I will take killed. called for an end to anti-abortion pro- about 5 minutes at this time. And now we must ask: Who is John tests in Boston. Mr. KEMPTHORNE. Mr. President, Salvi and what does his life show us? And he is trying to bring everyone yes, I do believe that we have at least On Christmas Eve Salvi delivered a together in an unprecedented series of one more Senator who will be coming sermon about the Catholic Church and negotiations. Cardinal Law is a leader to speak on the issue. its failure to see the true meaning of whose tolerance, and deep faith serves Mrs. BOXER. Mr. President, I will Christ. But what was his motivation as an example to all of us. yield myself 5 minutes, and then I will for cold-blooded murder? What we achieve together can send a yield back to my colleague so we can Paul Hill, the Minister currently on loud and clear message—to those who continue the debate. Florida’s Death Row, gives us some in- would use their beliefs as justification The PRESIDING OFFICER. The Sen- sight into John Salvi’s motivations. for murder—that, though we may not ator from California. Hill gave us a chilling reason for kill- agree, we are still one people bound to- Mrs. BOXER. Mr. President, I want ing a doctor and his assistant in Pensa- gether not only by our faith and our to thank the Senator from Illinois for cola. He said that ‘‘the bible teaches us commitments to our beliefs, but by the being here; for, yes, being one of the to do unto others as you would have expression of our common interests early cosponsors of this amendment. I, them do unto you. through tolerance for our differences frankly, do not know of any Senator ‘‘Therefore, killing a man who is and a mutual respect and understand- who is pro-abortion. I do know many about to kill an unborn child con- ing for each other. Senators who are pro-choice on both stitutes killing in self-defense.’’ But, make no mistake. The wrong re- sides of this aisle. That is why it is so To Paul Hill the murder was a justifi- sponse to these shootings would be to important for reasonable people to able homicide. turn clinics into armed fortresses on come together around this issue, by the Mr. President, this syllogism lies at the fringes of our medical delivery sys- way, people who are pro-choice and the heart of one of the most corrosive tem, further from those who choose to people who are not, as the Senator dangers the world faces today. have the procedure. from Illinois pointed out. There are There are religious teachings that Yes, we must protect workers, medi- times when we can all come together. offer justifiable reasons for killing, but cal personnel, and patients, but we can- This is one of those times. mainstream religions have always pro- not allow an accepted medical proce- When I was asked about what life in moted tolerance over intolerance, and dure to be limited by the blind intoler- the new Senate would mean for me, I the only people who use religion to jus- ance of a fanatical fringe. responded to one reporter in this way. tify cold-blooded murder are religious So, Mr. President, if this constitu- I said: fanatics. tionally protected right is to be pre- ‘‘I think there will be many issues But what happened in Brookline— served, and if we are to truly pay trib- where reasonable Senators will come what happened to Shannon Lowney and ute to women like Shannon Lowney, together from both sides of the aisle, Lee Ann Nicols—and the tragedy of then we need to protect the safety of and it will not be a partisan issue in their deaths—tells us that we can no those who seek the services of these every case.’’ longer dismiss these fringe elements of clinics. And that reporter said: ‘‘Give me an our society. We can no longer let the When those shots rang out in Brook- example.’’ good people fall victim to intolerance line, John Salvi took something very I said: ‘‘Clinic violence, the gag rule, and fanaticism. precious from us. He took our freedom a woman’s right to choose.’’ Yes, John Salvi read from the same to believe and to express our beliefs as This is something that cuts across Bible that Shannon and Lee Ann did. we choose. He took our freedom to act our party. This is about the dignity of The teachings and the words were the on our beliefs without fear of violence. women and, therefore, the dignity of same, but their lives could not have We can never let that happen. all of us, because all of us have moth- been more different. It is our task to Mr. President, perhaps the most elo- ers. Many of us have sisters, wives, and remember that commitment and dedi- quent tribute to Shannon Lowney daughters, and their dignity is our dig- cation can be manifest in kindness and came from the president of the Planned nity. concern or they can take the hideous Parenthood League of Massachusetts. I am so pleased that after much dis- form of fanaticism and hatred that mo- Nicki Nichols Gamble said, ‘‘Shannon cussion and debate, we were able to tivated John Salvi to play God. gave her life so that others would be reach agreement on a very sensible res- Mr. President. It is incumbent on all able to have better lives. She was an olution, I think one that each and of us as a society to understand the essential link in the chain of women every Member of this Senate can be danger that can be wrought by those helping women. We will miss her des- proud to vote for. who would interpret religious teach- perately, and we will remember her, I want to use a little time to go back ings as a crusade against others and a and we will see to it that her death will to what is really happening in some of justification for cold-blooded murder. not be in vain.’’ the streets of our Nation. And I want It is our task to understand that we Today and for many days to come we to refer to a document called ‘‘No live in dangerous times, and that the will mourn the deaths of Shannon Place to Hide,’’ which is a campaign easy availability of weapons in this so- Lowney and Lee Ann Nicols. The peo- being launched by a group that calls S 1056 CONGRESSIONAL RECORD — SENATE January 18, 1995 themselves ‘‘pro-life.’’ And I would point out in the FACE bill they have a When the movement accepts people like leave it up to others to decide if that is right to do, and, yes, the rights of peo- Salvi, Hill or the Rev. David Trosch in its an appropriate term. ple seeking reproductive health care to midst then it has to accept responsibility for They put out this leaflet, and I am have their lives protected. I say that their actions and their speech. Trosch is the going to read to you from part of it. It Roman Catholic priest suspended for declar- we cannot ignore the words that are ing it ‘‘justifiable homicide’’ to kill a doctor says in part, this is the ‘‘No Place to being used, and that, yes, in this who commits abortions. Hide’’ campaign. amendment we are calling on the At- A man like Trosch incites men like Hill to And it is supposed to go after work- torney General to fully enforce this kill. ‘‘Anyone in the war zone has to expect ers in reproductive health care clinics. law, to do everything she has to do. to be part of the war that’s going on,’’ It says: In essence, I hope that by our speak- Trosch said of the dead women in Brookline. Try to reason with the doctors, speaking ing out tonight in a bipartisan fashion, Not everyone in the anti-abortion move- from your heart about the unborn child and the word will go out to the people in ment is like Trosch, of course. The bulk of the pain and anguish their mothers go these organizations to think very care- people are sincere and well-meaning. The Rev. Flip Benham of Operation Rescue Na- through. If they agree— fully, Mr. President, of the words they The doctors. tional condemned the attacks in Brookline. use and the things that they print up ‘‘An eye for an eye, it doesn’t work that If they agree to stop killing children, ask showing doctors as killers. way,’’ Benham said. But to an apparently in- them to put it in writing. The PRESIDING OFFICER. The Sen- creasing number of anti-abortionists it does Mr. President, when you use terms ator’s additional 2 minutes have ex- work that way. These movement members like this: Ask the doctors to stop kill- pired. see things as Trosch sees them. They see ing children, what is the message? Mrs. BOXER. And to change their those dead receptionists as grounds troops in Then they say: tactics. a larger war who have no meaning of their I would at this time save the remain- own. Creative fliers similar to the enclosed Cardinal Bernard Law of the Boston Arch- wanted poster to hand out to people entering der of my time, which, if I am correct, diocese wants the killing to stop. After the the building where the doctors have their is approximately 5 minutes. Brookline shootings, he called for an end to practices. The PRESIDING OFFICER. Five the violence and the demonstrations. He told Here is one of these wanted posters, minutes. those who protest to search their souls. showing the faces of these doctors, and Mrs. BOXER. I would reserve that 5 on the top it says, ‘‘Wanted For Killing minutes. TRUE LEADERSHIP That is moral leadership. Anti-abortion Unborn Babies.’’ EXHIBIT 1 leaders should search their souls indeed. Are Now, it seems to me it is time for all [From the Oakland Tribune] Americans to come together and listen they inciting people to Kill? Is their lan- ANTI-ABORTION LEADERS MUST REIN IN guage too provocative? Are their actions to the words we are using. TROOPS going to lead to violence? Is there a better I ask unanimous consent to place in The president can send a regiment of sol- way to get where they want to go without the RECORD an article from the Oak- diers to guard abortion clinics, and the confrontation? Can they identify people on land Tribune dated January 6 at the women and men who work there can arm the fringe before they harm others? Can they end of my statement. themselves to the eyeballs. But violence at isolate those people and get them counsel- The PRESIDING OFFICER (Mr. clinics is not going to stop until leaders of ing? GRAMS). Without objection, it is so or- the anti-abortion movement exert strong This is a time for leaders and everyone else dered. moral leadership over their flock. in the anti-abortion movement to take care- (See exhibit 1.) It sounds odd, doesn’t it—telling anti-abor- ful stock of what they stand for. They got tionists to show morality. After all, isn’t into this crusade to save lives. Their cohorts Mrs. BOXER. I thank the Chair. are now taking lives. This is not the way it This is what they say in this article: that what the anti-abortion movement is all about? Its adherents hold the bedrock belief was supposed to be. When you tell someone unstable, like Paul that a fetus is an independent human being. Paul Hill said that one day soon his behav- Hill— When they stop an abortion they believe ior—murder—would be viewed as normal in Who killed two people in a clinic in they are saving life. the abortion wars, rather than an aberration. Florida— But you can’t be ‘‘pro-life’’ and condone The only ones who can keep that ghastly murder. Two murders took place in Brook- reverie from becoming reality are the men When you tell someone unstable, like Paul line, Mass, last week—the victims were re- and women who lead the movement that cre- Hill, that doctors at Planned Parenthood are ceptionists at places where abortions take ated Paul Hill. They need to take their con- murderers who destroy innocent babies, you siderable moral energy and turn it inward, just can’t wash your hands of it when that place. An anti-abortion activist from New for now. It is time to begin, today. unstable person kills someone. When your Hampshire, John Salvi, has been accused of supporters distribute posters saying, ‘‘want- the crimes. Mr. NICKLES addressed the Chair. ed dead or alive,’’ with doctors’ names on Another anti-abortion crusader, Paul Hill, The PRESIDING OFFICER. The Sen- them, you can’t say it has nothing to do with was convicted last year of similar murders in ator from Oklahoma. Florida. There has been violence at other you when someone ends up dead. When you Mr. NICKLES. Mr. President, I ask to liken abortion to the Holocaust, you are in- clinics across the country. Too many leaders of the anti-abortion be recognized for such time as nec- viting your followers to take the law into essary, not to exceed 7 minutes. their own hands. movement have washed their hands of these murders emanating from their midst. They The PRESIDING OFFICER. The Sen- And then they quote one of the gen- say, ‘‘Tsk tsk. Isn’t that a shame? But those ator is recognized. tlemen involved in these organizations, people are extremists. They have nothing to Mr. NICKLES. Mr. President, on this and he said, do with the mainstream anti-abortion move- resolution, I have been working with Anyone in the war zone has got to expect ment.’’ the Senator from California, and I ap- to be part of the war that’s going on. FRANKENSTEIN preciate her cooperation as well as the The PRESIDING OFFICER. The time We have news for anti-abortion leaders: cooperation of the Senator from Wash- of the Senator has expired. Paul Hill, John Salvi and the others like ington, Senator MURRAY, in trying to Mrs. BOXER. I ask for 2 additional them in your movement have everything to come up with a resolution that we can minutes. do with you. You create and nourish them with your language and tactics. support. I am talking about people of Anyone in the war zone has got to expect When you tell someone unstable, like Paul different views on different sides of the to be part of the war that’s going on. Hill, that doctors at Planned Parenthood are abortion question. I think we have Said this gentleman about the dead murderers who destroy innocent babies, you come to agreement, and I appreciate woman in Brookline. can’t just wash your hands of it when that their cooperation. So I say to you, Mr. President and unstable person kills someone. When you When we originally looked at the res- my colleagues, I thank so much the supporters distribute posters saying, ‘‘want- olution as introduced, it left a lot to be Senator from Oklahoma working on ed, dead or alive,’’ with doctors’ names on desired, and my original thought was them, you can’t say it has nothing to do with the words of this resolution so we pro- you when someone ends up dead. When you that we could not support it. Since tect everybody’s rights—yes, the rights liken abortion to the Holocaust, you are in- then, I think we have made some im- of the peaceful protesters to express viting your followers to take the law into provements, and I might just mention themselves fully and completely as we their own hands. those. Originally the resolution stated January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1057 that ‘‘persons exercising their con- hurting the cause that they supposedly in order to limit crime this year, this stitutional rights and acting com- are trying to help, so I think we should Congress. pletely within the law are entitled to condemn that violence. But I also I thank my colleague and I yield the full protection from the Federal Gov- think we should condemn violence such floor. ernment.’’ as occurred in Alabama in 1993. A pro- Mrs. BOXER. Mr. President, I yield 3 Now, that might sound good. But we life minister and talk show host Jerry minutes to the Senator from New Jer- have left that out because it can be Simon was shot and killed by a self-de- sey, Senator LAUTENBERG. misleading. Some people might mis- scribed Satan worshiper, Eileen Mr. LAUTENBERG. I thank the Sen- interpret that, so now that is not in- Janezic, stating she did it ‘‘to please ator from California. cluded in the resolution. We offered to Satan.’’ That case received almost no The PRESIDING OFFICER. The Sen- say that they would be entitled to publicity. We have seen a lot of public- ator from New Jersey. ‘‘equal protection,’’ we did not reach ity concerning the murder where Paul Mr. LAUTENBERG. Mr. President, I an agreement on that. So now that par- Hill murdered an abortionist in Flor- rise today in support of the sense-of- ticular segment is not included. ida, and maybe rightfully so; it needed the-Senate amendment introduced by Also, the original resolution stated some attention. He was certainly Senator BOXER. that ‘‘the Freedom of Access to Clinic wrong. Entrances Act of 1994 imposes a man- I might mention, Mr. President, he Since 1984, there have been more date on the Federal Government to was convicted. He was convicted under than 1,500 acts of violence near abor- protect individuals seeking to obtain State law for murder and has now been tion critics. or provide reproductive health serv- sentenced to death. Some people want- In the last 22 months, five innocent ices.’’ ed to federalize all crimes, but I might people have been shot to death at abor- That is now deleted. It was deleted, mention murder is against the law in tion clinics. Five men and women in my opinion, for a good reason—be- every single State in the Nation, as it heartlessly slain by murderers who call cause it is not correct. That is not should be, and States have the primary themselves pro-life. what the original act stated. responsibility to enforce those laws, as In the past year, we have already In addition, we made a couple of it should be. His trial has been com- seen two tragedies at abortion clinics. other changes, and I think these as pleted, and he was found guilty. And Less than 6 months ago, a doctor and well are positive changes. The sense-of- his sentence is the death penalty under his escort were shot to death on their the-Senate resolution, as mentioned by State law. So again I wish to condemn way to work in Pensacola, FL. the Senator from California, now de- violence, but I also want to make sure Most recently, a 22-year-old man al- letes language that says that ‘‘the At- that we do not federalize so many legedly went on a violent spree, attack- torney General should fully enforce the cases. ing abortion clinics in Massachusetts law and take any further necessary It was also originally stated that and Virginia, and killing two clinic measures to’’ protect persons, and so there was so many thousand FBI workers in the process. forth. And we have eliminated that agents and U.S. marshals and that they Mr. President, how many more inno- part—‘‘and take any further necessary should do all they can to protect abor- cent people must die before we as a so- measures’’—in addition to enforcing tion clinics. I might mention—and I ciety put a stop to this terror? the law. I think that is an improve- think the resolution states there are How many doctors will be gunned ment. something like 900 clinics. They are down for performing a legal medical I appreciate also the Senator from called—well, they are called clinics in procedure? California agreeing to the following ad- the United States providing reproduc- dition that was recommended by the How many receptionists will lose tive health services. They are abortion their lives simply because they work in Senator from Indiana, Senator COATS, clinics. If you took the number of U.S. which added the following. It says: the line of extremist gunfire? marshals—I think there is stated to be Last year, President Clinton signed Nothing in this resolution shall be con- about 2,000 marshals and I guess their the Freedom of Access to Clinic En- strued to prohibit any expressive conduct deputies—then each clinic could have a (including peaceful picketing, or other trances Act, known as FACE. This law peaceful demonstration) protected from legal little over 2 marshals per clinic. The made it a Federal crime to block, ob- prohibition by the First Amendment to the marshals have something else to do. So struct or intimidate a woman seeking Constitution. I objected to that section, as well. reproductive health services, or a doc- In other words, people still have the So I appreciate the Senator from tor trying to perform them. right of peaceful demonstration, California deleting this. I appreciate But it is now clear that the clinic ac- whether it be in front of an abortion the willingness of the Senator from cess law alone will not be enough to California to modify the resolution. I clinic or other areas. protect our Nation’s doctors and think it is acceptable. I think it is im- Mr. President, let me just state that women. portant for the Congress to speak out I will support this resolution. My origi- Attorney General Reno announced in and condemn violence but I think it is nal concern was that we were only con- August that she would post U.S. mar- also important for us to speak out and demning one type of violence, the type shals outside of threatened clinics. condemn all violence. When we see of violence as it concerns abortion clin- That is also a step in the right direc- ics. I happen to be against all violence. teenagers killing teenagers; when we see drug epidemics run rampant tion, and I urge the Justice Depart- I am not interested in the reason—in ment to review its efforts in this area. people murdering someone down at the throughout this country; when we see I applaud the President’s announce- convenience store or in front of a night the number of women who are being ment earlier this month directing all club in the streets of Washington, DC abused, the number of children who are U.S. attorneys around the country to or New York City or Oklahoma or in being abused; when we see so many sig- California or in front of abortion clin- nificant crime problems throughout form an immediate task force of Fed- ics. I condemn those people who com- this country, I think we need to do eral, State, and local officials to co- mitted the atrocities including killing something, as well. Not just a sense-of- ordinate plans for security at all clin- or murdering abortionists or someone the-Senate resolution. ics in their jurisdictions. murdering a 15-year old on the street So I am hopeful that this Congress And I applaud the President’s efforts because they want to wear his jacket. will move and move expeditiously on a to improve communication between I thought the resolution was inappro- significant crime enforcement package, U.S. marshals and reproductive clinics priate because it only condemned vio- one that will strengthen the penalties to make sure they are prepared to in- lence against abortion clinics. I want that some of us tried to enact a year form the authorities of any potential to condemn that violence. I happen to ago, one that will have habeas corpus threats. be on the pro-life side of this debate. reform so we can have an end to the But I ask the administration to con- But I think people who are breaking endless appeals. tinue pursuing a hard line against the the law by murdering other individuals So I hope this Congress will move purveyors of violence and to take fur- are going too far and they are actually and make some real, significant change ther protective measures until each S 1058 CONGRESSIONAL RECORD — SENATE January 18, 1995 and every reproductive clinic in the if the Senator from Idaho would like to sense of the Senate that there should United States is safe for doctors, for yield some time. I will retain that not be unfunded mandates from the employees, and for patients. minute and a half just to close off de- States to the local governments of this The women of this country deserve to bate at the end, if I might. country requiring increases in property go to the doctor without fearing that Mr. NICKLES. Mr. President, how taxes. they may never come home. much time remains? The fact is the property taxes are They deserve to receive reproductive The PRESIDING OFFICER. It is 14 much too high in most States, and services without harassment, intimida- minutes for the Senator from Okla- there is a significant reason for that tion or even worse, bodily harm. homa, and a minute and a half for the involving unfunded mandates from the And they have a right to undergo Senator from California. State government to the local govern- legal medical procedures without put- Mr. NICKLES. Mr. President, I sug- ment. ting themselves, their families or their gest the absence of a quorum. This simply allows the Senate to go doctors in such unfair jeopardy. The PRESIDING OFFICER. The on record saying that we do not want Let us send a strong message to all clerk will call the roll. high property taxes from unfunded those who would use guns to express The bill clerk proceeded to call the mandates. There are many Governors their views, a message that we are roll. in the country who do not want any going to stand up for the women, doc- Ms. MIKULSKI. Mr. President, I ask mandates from the Federal Govern- tors, escorts, and health care workers unanimous consent that the order for ment but they are not reluctant to across the country until all Americans the quorum call be rescinded for a par- apply unfunded mandates to the local are safe, and all murderers are behind liamentary question. governments. They are very clear on bars. The PRESIDING OFFICER. Is there that. Mr. President, I will just take a cou- objection? Without objection, it is so I am very pleased to have Senator ple of minutes to summarize what, I ordered. CHAFEE as a key cosponsor. sense, is an attitudinal problem. We Ms. MIKULSKI. Mr. President, to I yield the floor. If Senator CHAFEE can talk all we want about standing up whose time is the time being charged wants to speak, I hope he will come against violence. But very often, the for the quorum? over for the remaining 30 seconds of my people who talk most about violence The PRESIDING OFFICER. The Sen- 2 minutes. and getting rid of it are those who sup- ator from Oklahoma. Mr. President, I ask unanimous con- port the proliferation of guns across Ms. MIKULSKI. I see. I thank the sent that Senator ROBB be added as a our society. It is pretty hard to do Chair. I yield the floor and, Mr. Presi- cosponsor. away with violence when there is al- dent, I suggest the absence of a The PRESIDING OFFICER. Without most a gun everyplace that you look, quorum. objection, it is so ordered. and a failure to register those things. The PRESIDING OFFICER. On whose Mr. ABRAHAM. Mr. President, I When we talk about standing up time? must rise in opposition to the amend- against violence, there is an intimation Ms. MIKULSKI. On the time of the ment offered by the Senator from New that those who have the right to Senator from Oklahoma. Jersey. It is true that I strongly sup- choose under our Constitution, con- The PRESIDING OFFICER. Is there port the idea that mandate costs firmed by the Supreme Court, are objection? Is there objection? Without should not be forced upon subordinate themselves committing an act of vio- objection, the clerk will call the roll. units of government, and that the con- lence, and that is where the process The bill clerk proceeded to call the stitution of my home State of Michi- starts. The process, not just of killing roll. gan prohibits the imposition of un- and assault, but intimidation, is one Mr. BRADLEY. Mr. President, I ask funded mandates upon local units of designed to threaten people who decide unanimous consent that the order for government. My inability to support that they want to make a different de- the quorum call be rescinded. the amendment accordingly does not cision than those on the other side. The PRESIDING OFFICER. Without arise from any disagreement with the In New Jersey, we have a doctor who objection, it is so ordered. principle it expresses. Rather, my op- offers abortion as part of his obstetri- The Senator from New Jersey. position is grounded in larger prin- cal practice, offers abortion if people AMENDMENT NO. 141 ciples of federalism. A core principle of want it. He has been shot at. He has Mr. BRADLEY. Mr. President, I ask that doctrine is that certain matters been threatened. His family is con- unanimous consent that Senator DOR- simply are beyond the ken of the Fed- stantly under threat. He is so fright- GAN, Senator DOLE, and Senator NICK- eral Government. To my mind, the ened by doing what he feels is right LES be added as cosponsors to the proper allocation of mandate costs be- professionally, and yet he is unable to amendment, the BRADLEY amendment. tween State and local governments is offer the kinds of services for which he The PRESIDING OFFICER. Without one such matter. Thus, while I agree has been licensed by the State and by objection, it is so ordered. with the general principle expressed in the profession. Mr. BRADLEY. Mr. President, as I the Senator’s amendment, I think we The PRESIDING OFFICER. The Sen- said earlier, this is a very simple overstep our proper bounds when we ator’s 3 minutes have expired. amendment. tell State and local governments how Mr. LAUTENBERG. Can I have 1 The PRESIDING OFFICER. Who to structure their relationship. more minute, or if my colleague is out yields time to the Senator? Mr. President, I yield the floor. of time, I will conclude. Mr. BRADLEY. Mr. President, I Mr. CHAFEE. Mr. President, let me Mrs. BOXER. I will yield 30 seconds. think the unanimous consent agree- comment very briefly on the Sense-of- Mr. LAUTENBERG. Just to say this. ment allotted 1 hour for debate of the the-Senate resolution offered by Sen- If we are going to talk against vio- underlying amendment. ator BRADLEY and me. lence, it has to start when people vio- The PRESIDING OFFICER. It was The resolution is, of course, not bind- late the law, the law very clearly stat- controlled by Senator NICKLES of Okla- ing to the States. The last thing we ed. I implore the President and the At- homa and Senator BOXER of California. want to do is attach a mandate to an torney General to stand up and protect Mr. BRADLEY. Mr. President, I ask unfunded mandates reform bill. In- those institutions that offer people a unanimous consent I be able to proceed stead, we say plainly here that the choice in how they want to conduct for 2 minutes. States should given full consideration their lives. It is very simple. The PRESIDING OFFICER. Is there to mandates they might pass onto Mr. President, I yield the floor and objection? Without objection, it is so their cities and towns. That is all. thank the Senator from California for ordered. I mentioned last week on the floor her courage and for letting me partici- Mr. BRADLEY. Mr. President, the how ironic it is that Governors have pate. amendment we are going to be voting asked us to provide relief in this area— I yield the floor. on at 7:30 is an amendment that simply while they themselves frequently im- Mrs. BOXER. Mr. President, I have a says while we are debating Federal un- pose unfunded mandates on their coun- minute and a half remaining. I wonder funded mandates on States, it is the ties, cities, and towns. As we know, January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1059 cities and towns have no one to pass The PRESIDING OFFICER. The cost estimate. The point of order with costs down to. clerk will report. respect to an authorization of appro- S. 1 introduces a clear mechanism for The bill clerk read as follows: priations would not lie because, prac- accountability at the Federal level. It The Senator from Michigan [Mr. LEVIN], tically speaking, it cannot lie. Without would be inappropriate and unconstitu- for himself, Mr. KEMPTHORNE, and Mr. a CBO estimate, the mechanism in the tional for the Congress to install these GLENN, proposes an amendment numbered point of order that addresses the au- same restrictions at the State level— 143. thorization of appropriation and the yet—the theme underlying S. 1 of in- The amendment is as follows: subsequent appropriation process does creased accountability for mandates On page 19, insert between lines 10 and 11 not make sense. seems applicable. the following new clause: This amendment, therefore, makes it Although my plan is to support S. 1, ‘‘(iii) If the Director determines that it is clear that that portion of the point of I have concerns about the lack of infor- not required under clauses (i) and (ii), the Di- rector shall not make the estimate, but shall order in the bill in section (c)(1)(B) mation in certain areas. for instance, does not apply where CBO cannot make do we know how many of the mandates report in the statement that the reasonable estimate cannot be made and shall include an estimate. imposed upon cities and towns actually the reasons for that determination in the Section (c)(1)(B) includes that new originate from the Federal Govern- statement. If such determination is made by point of order which was added in this ment? To my knowledge, there is no the Director, a point of order shall lie only year’s bill which was not in last year’s data base or tracking system to make under (c)(1)(A) and as if the requirement of this important distinction. However, (c)(1)(A) had not been met. bill. That point of order would not lie in the event of an inability of the CBO we have clear evidence that State-is- Mrs. BOXER. Mr. President, may I to make the estimate. sued unfunded mandates exist. make a parliamentary inquiry? Mr. President, many States have ex- The PRESIDING OFFICER. The Sen- I want to again thank Senator ercised their authority to adopt laws ator will state it. GLENN, Senator KEMPTHORNE, Senator which are more stringent than what Mrs. BOXER. I wonder, since I have EXON, and Senator DOMENICI for their help in making it possible for us to the Federal Government requires. 11⁄2 minutes remaining before the vote For example, my own State of Rhode at 7:30, I would like to protect that have this amendment offered and to Island requires every city and town to right to be able to give that 11⁄2 min- hopefully succeed either tonight or to- have an adult monitor on every school utes closing of my argument if I might. morrow morning to have it adopted. bus that carries children in the fourth The PRESIDING OFFICER. Without I thank the Chair. Again, I thank the grade and below. Did the Federal Gov- objection, it is so ordered. managers of the bill. ernment issue this mandate? No. Does Mr. LEVIN. Mr. President, this Mr. KEMPTHORNE addressed the the State provide the funds for this? amendment responds to a lengthy dis- Chair. No. The cities and towns must find the cussion that we had yesterday about The PRESIDING OFFICER. The Sen- money in their own budgets. whether the bill should allow the Con- ator from Idaho. I will conclude by noting that the gressional Budget Office to state when Mr. KEMPTHORNE. Mr. President, Governmental Affairs Committee re- it honestly cannot estimate the direct thank you very much. port accompanying S. 1 states on page cost of an intergovernmental mandate. Mr. President, yesterday we did a 3 that, ‘‘* * * local officials decry un- The bill contains a provision that al- colloquy on the CBO’s inability to funded State mandates as much as lows the CBO to be honest with respect make a reliable estimate of mandate they do unfunded Federal ones.’’ Since to its ability or inability to estimate costs. Senator LEVIN was concerned we cannot take direct action to remedy private sector mandates. However, primarily that the CBO be given the this, Mr. President, I would hope that there is no comparable language with freedom to not make an estimate. I the Senate could at least send the mes- respect to CBO’s estimates for State was concerned that the Congress not sage that we must be held accountable and local governments. That was not provide a loophole which would frus- at all levels. inadvertent, as the committee reports trate the very intent of this bill, which I am told that language similar to indicate. But it was wrong. We made an is accountability and informed deci- this was to be included in a managers effort in committee to correct it. We sionmaking. amendment last year on S. 993. It is my had no success. The purpose of the Levin- view that the need for this resolution The amendment we have before us Kempthorne-Glenn amendment will be still exists and so I urge its adoption. adds such language, and it clarifies in to accommodate both interests. If the Mr. KEMPTHORNE addressed the those situations where the CBO cannot CBO director cannot make an estimate, Chair. make an estimate that it may say so, he or she shall so state it. But the fail- The PRESIDING OFFICER. The Sen- and that that will be true for intergov- ure of the CBO Director to make an es- ator from Idaho. ernmental estimates, not just for pri- timate will still trigger the point of Mr. KEMPTHORNE. Mr. President, I vate sector estimates. order. ask unanimous consent that the re- This amendment is important for a maining committee amendments be number of reasons. I commend the This will provide the Senate with the laid aside in order to consider a Levin- managers as well as my cosponsors for opportunity to debate issues concern- Kempthorne amendment regarding fea- agreeing to it and thank them for their ing the estimate and the funding deci- sibility and that no other amendment efforts in working this out. sions. It will be the will of the Senate be in order prior to the disposition of This amendment would first provide at that point to either waive a point or the Levin-Kempthorne amendment and for truth in legislating by allowing the not. no call for the regular order serve in CBO to tell us if they cannot estimate Mr. President, I believe that this ad- place of the Levin Kempthorne amend- the cost of an intergovernmental man- dresses what we were discussing yester- ment. date. This amendment retains a point day in a thorough discussion and it ac- The PRESIDING OFFICER. Is there of order in the situation where the esti- complishes what both of us needed to objection? Without objection, it is so mate cannot be made. The inability to have accomplished. So I appreciate the ordered. estimate direct costs would continue to floor manager and Senator LEVIN. AMENDMENT NO. 143 be a failure to provide a statement on Mr. LEVIN. Mr. President, if I could (Purpose: To provide for the infeasibility of the estimated cost for purposes of sub- quickly ask the Senator from Idaho to the Congressional Budget Office making a section (c)(1)(A). yield for a question, I hope he would cost estimate for Federal intergovern- That was the situation that existed agree that the amendment expressly mental mandates, and for other purposes) in last year’s bill. The point of order states that the section (c)(1)(B) point of Mr. LEVIN. Mr. President, I send an which would remain where an estimate order would not lie in such an instance, amendment to the desk in behalf of is impossible to be made is a point of only the (c)(1)(A) point of order. myself, Mr. KEMPTHORNE, and Mr. order which was allowed in last year’s Mr. KEMPTHORNE. In response to GLENN, and ask for its immediate con- bill. The point of order, however, lies that, Mr. President, there is only one sideration. only with respect to the absence of a point of order, and it has two parts. S 1060 CONGRESSIONAL RECORD — SENATE January 18, 1995 Mr. LEVIN. The first part would lie I want to say that I agree with the The PRESIDING OFFICER. Are there and the second part would not lie. Is Senator from Oklahoma that all vio- any other Senators in the Chamber de- that correct? lence must be condemned. I have been siring to vote? Mr. KEMPTHORNE. As a result of on this floor condemning gun violence, The result was announced—yeas 93, the Director making that statement; violence in the workplace, and domes- nays 5, as follows: that is correct. tic violence. I was one of the authors of [Rollcall Vote No. 24 Leg.] Mr. LEVIN. I thank the Chair. the Violence Against Women Act and YEAS—93 The PRESIDING OFFICER. Under worked with my colleague, JOE BIDEN, Akaka Feingold Lugar the previous order, the Senator from to make sure it became the law of the Ashcroft Feinstein Mack California is recognized for 11⁄2 min- land. Baucus Ford McConnell Bennett Frist Mikulski utes. Today I am here to talk about the vi- Mr. LEVIN. I ask unanimous consent, Biden Glenn Moseley-Braun olence to clinics. On December 30, two Bingaman Graham Moynihan Mr. President, that the vote occur at young, innocent women that worked as Bond Gramm Murkowski 1 7:32 so that the Senator retains 1 ⁄2 receptionists in women’s health care Boxer Grams Murray minutes and so that the manager on Bradley Grassley Nickles clinics were shot to death. The same the Democratic side would have an op- Breaux Gregg Nunn killer shot up a clinic in Virginia. The Brown Harkin Packwood portunity for a 1-minute statement, or President expressed outrage. The At- Bryan Hatch Pell whatever he needs. Bumpers Hatfield Pressler The PRESIDING OFFICER. Without torney General has instructed the U.S. Burns Heflin Pryor Byrd Hollings Reid objection, it is so ordered. attorney and the U.S. marshals to work with clinics, and we say to the Campbell Inhofe Robb Mr. GLENN addressed the Chair. Chafee Inouye Rockefeller The PRESIDING OFFICER. The Sen- law enforcement officials it is the Sen- Coats Jeffords Roth ator from Ohio. ate’s turn to act. Cochran Johnston Santorum The resolution we propose is Cohen Kassebaum Sarbanes Mr. GLENN. Mr. President, I will be Conrad Kempthorne Shelby very brief. straightforward. The resolution, as it Coverdell Kennedy Simon I agree completely with Senator was amended by the Senator from Craig Kerrey Simpson Oklahoma, expresses the sense of the Daschle Kerry Smith LEVIN. I think he has taken care of a DeWine Kohl Snowe problem that we discussed at great Senate that the Attorney General shall Dodd Kyl Specter length on the floor yesterday. We went fully enforce the law and protect per- Dole Lautenberg Stevens on and on about this. I will not try to sons seeking to provide or obtain, or Domenici Leahy Thomas Dorgan Levin Thompson repeat all of those same arguments we assist in providing or obtaining repro- Exon Lieberman Thurmond made yesterday. I think it is ridiculous ductive health services, from violent Faircloth Lott Wellstone to require a report where they can say attack. NAYS—5 they cannot make a report. Senator We did compromise on this legisla- Abraham Hutchison Warner LEVIN has very properly moved this tion. I urge my colleagues on both Gorton McCain amendment to take care of that prob- sides of the aisle to send a very clear lem. I support it fully. I urge my col- statement from this Senate that we NOT VOTING—2 leagues to vote for it. abhor the violence. It will stop; it must D’Amato Helms It is my understanding that Senator stop. We are a country of laws. So the amendment (No. 141) was LEVIN will want a rollcall vote on this I yield the floor. agreed to. but that it will be put off until morn- Mr. DOLE. Mr. President, I ask unan- Mr. GLENN. Mr. President, I move to ing, and as part of the wrap-up by imous consent to speak for 1 minute. reconsider the vote by which the unanimous consent this evening. The PRESIDING OFFICER. Without amendment was agreed to. I yield the floor so that our distin- objection, it is so ordered. Mr. INOUYE. Mr. President, I move guished colleague from California can Mr. DOLE. I thank the Senator from to lay that motion on the table. get her time. California and the Senator from Okla- The motion to lay on the table was Mr. KEMPTHORNE addressed the homa for coming together on a very agreed to. Chair. important resolution. There is a vast VOTE ON AMENDMENT NO. 142 The PRESIDING OFFICER. The Sen- difference between nonviolence and vi- The PRESIDING OFFICER. The ator from Idaho. olence, and that is the purpose of this question is on agreeing to the Boxer Mr. KEMPTHORNE. Thank you very resolution. In my view, it seems to me amendment No. 142. The yeas and nays much. something that we should all vote for. have been ordered. The Clerk will call Mr. President, based on that, I ask When someone violates the law, they the roll. unanimous consent that there be a violate the law. That is precisely what The assistant legislative clerk called rollcall vote on this amendment, that is being addressed. it occur tomorrow prior to cloture the roll. vote, and I ask for the yeas and nays. The Attorney General should enforce Mr. LOTT. I announce that the Sen- The PRESIDING OFFICER. Is there a the law. We should not expect any less. ator from North Carolina [Mr. HELMS] sufficient second? I have even gone so far as to say in is necessarily absent. There is a sufficient second. public comments that I understand The PRESIDING OFFICER (Mr. The yeas and nays were ordered. peaceful demonstration and I under- DEWINE). Are there any other Senators The PRESIDING OFFICER. Without stand nonviolence. I support each. But in the Chamber desiring to vote? objection, the rollcall vote will be or- some of these actions almost come out The result was announced—yeas 99, dered tomorrow. to terrorism. nays 0, as follows: The Senator from California is recog- I hope we will have a broad biparti- [Rollcall Vote No. 25 Leg.] nized for 11⁄2 minutes. san vote for this special issue. YEAS—99 Mrs. BOXER. Thank you very much, Mr. President, there will be no more Abraham Byrd Dorgan Mr. President. After 2 weeks of trying votes after the second vote. Akaka Campbell Exon to do this, it comes down to a minute The PRESIDING OFFICER. The Ashcroft Chafee Faircloth Baucus Coats Feingold and a half. I want to use that time to question is on agreeing to the Bradley Bennett Cochran Feinstein thank my colleague from Oklahoma for amendment. Biden Cohen Ford working so hard to get an agreement. I The yeas and nays have been ordered. Bingaman Conrad Frist The clerk will call the roll. Bond Coverdell Glenn thank the majority leader. He was very Boxer Craig Gorton direct with me from day one. I knew The bill clerk called the roll. Bradley D’Amato Graham exactly where I stood. Sometimes it Mr. LOTT. I announce that the Sen- Breaux Daschle Gramm was not in such a great situation, but ator from New York [Mr. D’AMATO] and Brown DeWine Grams Bryan Dodd Grassley it turned out that we were able to air the Senator from North Carolina [Mr. Bumpers Dole Gregg this issue. HELMS] are necessarily absent. Burns Domenici Harkin January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1061 Hatch Levin Reid The PRESIDING OFFICER. That is SEC. ll03. AUTHORITY FOR COLLECTION OF Hatfield Lieberman Robb correct. SALES TAX. Heflin Lott Rockefeller (a) IN GENERAL.—A State is authorized to Hollings Lugar Roth AMENDMENT NO. 144 require a person who is subject to the per- Hutchison Mack Santorum (Purpose: To authorize collection of certain Inhofe McCain Sarbanes sonal jurisdiction of the State to collect and Inouye McConnell Shelby State and local taxes with respect to the remit a State sales tax, a local sales tax, or Jeffords Mikulski Simon sale, delivery, and use of tangible personal both, with respect to tangible personal prop- Johnston Moseley-Braun Simpson property) erty if— Kassebaum Moynihan Smith Mr. BUMPERS. Mr. President, I send (1) the destination of the tangible personal Kempthorne Murkowski Snowe an amendment to the desk. property is in the State, Kennedy Murray Specter (2) during the 1-year period ending on Sep- Kerrey Nickles Stevens The PRESIDING OFFICER. The tember 30 of the calendar year preceding the Kerry Nunn Thomas clerk will report. Kohl Packwood Thompson calendar year in which the taxable event oc- Kyl Pell Thurmond The legislative clerk read as follows: curs, the person has gross receipts from sales Lautenberg Pressler Warner The Senator from Arkansas [Mr. BUMPERS] of such tangible personal property— Leahy Pryor Wellstone proposes an amendment numbered 144. (A) in the United States exceeding $3,000,000, or NOT VOTING—1 Mr. BUMPERS. Mr. President, I ask unanimous consent that reading of the (B) in the State exceeding $100,000, and Helms (3) the State, on behalf of its local jurisdic- amendment be dispensed with. tions, collects and administers all local sales So the amendment (No. 142) was The PRESIDING OFFICER. Without taxes imposed pursuant to this title. agreed to. objection, it is so ordered. (b) STATES MUST COLLECT LOCAL SALES Mrs. BOXER. Mr. President, I move The amendment is as follows: TAXES.—Except as provided in section to reconsider the vote by which the In lieu of the matter proposed to be in- ll04(d), a State in which both State and amendment was agreed to. serted by the pending amendment insert the local sales taxes are imposed may not re- Mr. GLENN. I move to lay that mo- following new title: quire State sales taxes to be collected and remitted under subsection (a) unless the tion on the table. TITLE ll—COLLECTION OF STATE AND The motion to lay on the table was State also requires the local sales taxes to be LOCAL SALES TAXES collected and remitted under subsection (a). agreed to. SEC. ll01. SHORT TITLE. (c) AGGREGATION RULES.—All persons that Mr. GLENN. Mr. President, I suggest This title may be cited as the ‘‘Consumer would be treated as a single employer under the absence of a quorum. and Main Street Business Protection Act of section 52 (a) or (b) of the Internal Revenue The PRESIDING OFFICER. The 1995’’. Code of 1986 shall be treated as one person clerk will call the roll. SEC. ll02. FINDINGS. for purposes of subsection (a). The legislative clerk proceeded to The Congress finds that— (d) DESTINATION.—For purposes of sub- call the roll. (1) merchandise purchased from out-of- section (a), the destination of tangible per- State firms is subject to State and local sonal property is the State or local jurisdic- Mr. BUMPERS. Mr. President, I ask tion which is the final location to which the unanimous consent that the order for sales taxes in the same manner as merchan- dise purchased from in-State firms, seller ships or delivers the property, or to the quorum call be rescinded. (2) State and local governments generally which the seller causes the property to be The PRESIDING OFFICER. Is there are unable to compel out-of-State firms to shipped or delivered, regardless of the means objection? The Chair hears none, and it collect and remit such taxes, and con- of shipment or delivery or the location of the is so ordered. sequently, many out-of-State firms choose buyer. Mr. BUMPERS. Now, Mr. President, not to collect State and local taxes on mer- SEC.ll04. TREATMENT OF LOCAL SALES TAXES. what is the present parliamentary situ- chandise delivered across State lines, (a) UNIFORM LOCAL SALES TAXES.— ation? What is the pending business? (3) moreover, many out-of-State firms fail (1) IN GENERAL.—Sales taxes imposed by Mr. GLENN. Mr. President, will the to inform their customers that such taxes local jurisdictions of a State shall be deemed exist, with some firms even falsely claiming to be uniform for purposes of this title and Senator yield? that merchandise purchased out-of-State is shall be collected under this title in the The PRESIDING OFFICER. The Sen- tax-free, and consequently, many consumers same manner as State sales taxes if— ator from Ohio. unknowingly incur tax liabilities, including (A) such local sales taxes are imposed at Mr. GLENN. Without losing his right interest and penalty charges, the same rate and on identical transactions to the floor. (4) Congress has a duty to protect consum- in all geographic areas in the State, and Mr. BUMPERS. Mr. President, I yield ers from explicit or implicit misrepresenta- (B) such local sales taxes imposed on sales without losing my right to the floor. tions of State and local sales tax obligations, by out-of-State persons are collected and ad- Mr. GLENN. Without losing his right (5) small businesses, which are compelled ministered by the State. to collect State and local sales taxes, are (2) APPLICATION TO BORDER JURISDICTION to the floor, fine. subject to unfair competition when out-of- TAX RATES.—A State shall not be treated as What we were doing, we had an State firms cannot be compelled to collect failing to meet the requirements of para- amendment that would be voice voted. and remit such taxes on their sales to resi- graph (1)(A) if, with respect to a local juris- We are trying to work out the agree- dents of the State, diction which borders on another State, such ment on it, so it will not knock out (6) State and local governments provide a State or local jurisdiction— some of the earlier agreements today. number of resources to out-of-State firms in- (A) either reduces or increases the local And that is being worked on right now. cluding government services relating to dis- sales tax in order to achieve a rate of tax If we cannot do that tonight expedi- posal of tons of catalogs, mail delivery, com- equal to that imposed by the bordering State munications, and bank and court systems, on identical transactions, or tiously, we may put that off until to- (7) the inability of State and local govern- (B) exempts from the tax transactions morrow. ments to require out-of-State firms to col- which are exempt from tax in the bordering That is the reason I had the quorum lect and remit sales taxes deprives State and State. call in. local governments of needed revenue and (b) NONUNIFORM LOCAL SALES TAXES.— Mr. BUMPERS. I ask the Senator, is forces such State and local governments to (1) IN GENERAL.—Except as provided in sub- that the Gorton amendment you are raise taxes on taxpayers, including consum- section (d), nonuniform local sales taxes re- working on? ers and small businesses, in such State, quired to be collected pursuant to this title Mr. GLENN. I am sorry. (8) the Supreme Court ruled in Quill Cor- shall be collected under one of the options poration v. North Dakota, 112 S. Ct. 1904 provided under paragraph (2). Mr. BUMPERS. What is the pending (1992) that the due process clause of the Con- (2) ELECTION.—For purposes of paragraph amendment? stitution does not prohibit a State govern- (1), any person required under authority of The PRESIDING OFFICER. The Gor- ment from imposing personal jurisdiction this title to collect nonuniform local sales ton amendment is the pending amend- and tax obligations on out-of-State firms taxes shall elect to collect either— ment. that purposefully solicit sales from residents (A) all nonuniform local sales taxes appli- Mr. BUMPERS. Is that the amend- therein, and that the Congress has the power cable to transactions in the State, or ment the Senator is alluding to? to authorize State governments to require (B) a fee (at the rate determined under Mr. GLENN. No. Mine would be a sep- out-of-State firms to collect State and local paragraph (3)) which shall be in lieu of the sales taxes, and nonuniform local sales taxes described in arate amendment. (9) as a matter of federalism, the Federal subparagraph (A). Mr. BUMPERS. So, Mr. President, Government has a duty to assist State and Such election shall require the person to use the Gorton amendment is open to local governments in collecting sales taxes the method elected for all transactions in amendment, is it not? on sales from out-of-State firms. the State while the election is in effect. S 1062 CONGRESSIONAL RECORD — SENATE January 18, 1995

(3) RATE OF IN-LIEU FEE.—For purposes of (2) to file the initial such return, or to (A) imposed on or incident to the sale, pur- paragraph (2)(B), the rate of the in-lieu fee make the initial such remittance, before the chase, storage, consumption, distribution, or for any calendar year shall be an amount 90th day after the person’s first taxable other use of tangible personal property as equal to the product of— transaction under this Act. may be defined or specified under the laws (A) the amount determined by dividing (b) LOCAL TAXES.—The provisions of sub- imposing such tax, and total nonuniform local sales tax revenues section (a) shall also apply to any person re- (B) measured by the amount of the sales collected in the State for the most recently quired by a State acting under authority of price, cost, charge or other value of or for completed State fiscal year for which data is this title to collect a local sales tax or in- such property; and available by total State sales tax revenues lieu fee. (5) the term ‘‘State’’ means any of the sev- for the same year, and SEC.ll06. NONDISCRIMINATION AND EXEMP- eral States of the United States, the District (B) the State sales tax rate. TIONS. of Columbia, the Commonwealth of Puerto Such amount shall be rounded to the nearest Any State which exercises any authority Rico, and any territory or possession of the 0.25 percent. granted under this title shall allow to all United States. (4) NONUNIFORM LOCAL SALES TAXES.—For persons subject to this title all exemptions purposes of this title, nonuniform local sales or other exceptions to State and local sales SEC.ll 10. EFFECTIVE DATE. taxes are local sales taxes which do not meet taxes which are allowed to persons located This title shall take effect 180 days after the requirements of subsection (a). within the State or local jurisdiction. the date of the enactment of this Act. In no (c) DISTRIBUTION OF LOCAL SALES TAXES.— SEC.ll07. APPLICATION OF STATE LAW. event shall this title apply to any sale occur- (1) IN GENERAL.—Except as provided in sub- ring before such effective date. section (d), a State shall distribute to local (a) PERSONS REQUIRED TO COLLECT STATE jurisdictions a portion of the amounts col- OR LOCAL SALES TAX.—Any person required Mr. BUMPERS. Mr. President, I un- lected pursuant to this title determined on by section ll03 to collect a State or local derstand the majority leader has said the basis of— sales tax shall be subject to the laws of such there will not be any more rollcall (A) in the case of uniform local sales taxes, State relating to such sales tax to the extent votes tonight. Certainly, I am not the proportion which each local jurisdiction that such laws are consistent with the limi- tations contained in this title. going to try to keep the Senate for any receives of uniform local sales taxes not col- prolonged period of time, but I think it lected pursuant to this title, (b) LIMITATIONS.—Except as provided in (B) in the case of in-lieu fees described in subsection (a), nothing in this title shall be would be appropriate to begin debate subsection (b)(2)(B), the proportion which construed to permit a State— on this amendment, about which I feel each local jurisdiction’s nonuniform local (1) to license or regulate any person, very strongly and which I think is a sales tax receipts bears to the total (2) to require any person to qualify to very important measure for the Senate nonuniform local sales tax receipts in the transact intrastate business, or to consider. But at some point I will (3) to subject any person to State taxes not State, and discontinue the debate, and it is my (C) in the case of any nonuniform local related to the sales of tangible personnel sales tax collected pursuant to this title, the property. understanding that tomorrow, if clo- geographical location of the transaction on (c) PREEMPTION.—Except as otherwise pro- ture should fail, this would be the which the tax was imposed. vided in this title, this title shall not be con- pending amendment. So I do not want The amounts determined under subpara- strued to preempt or limit any power exer- to delay the Senate in getting out of graphs (A) and (B) shall be calculated on the cised or to be exercised by a State or local here this evening. basis of data for the most recently completed jurisdiction under the law of such State or I just want to say to my colleagues State fiscal year for which the data is avail- local jurisdiction or under any other Federal able. law. this is an amendment that will do more (2) TIMING.—Amounts described in para- SEC.ll08. TOLL-FREE INFORMATION SERVICE. for the States, frankly, in the short graph (1) (B) or (C) shall be distributed by a A State shall not have power under this term than this entire piece of legisla- State to its local jurisdictions in accordance title to require any person to collect a State tion. with State timetables for distributing local or local sales tax on any sale unless, at the In 1967, the Supreme Court said that sales taxes, but not less frequently than time of such sale, such State has a toll-free the States could not impose a tax on a every calendar quarter. Amounts described telephone service available to provide such in paragraph (1)(A) shall be distributed by a mail order catalog house because it person information relating to collection of would be a violation of due process and State as provided under State law. such State or local sales tax. Such informa- (3) TRANSITION RULE.—If, upon the effective tion shall include, at a minimum, all appli- the commerce clause. So that was the date of this title, a State has a State law in cable tax rates, return and remittance ad- law of the land until 1992, when a case effect providing a method for distributing dresses and deadlines, and penalty and inter- called Quill versus North Dakota was local sales taxes other than the method est information. As part of the service, the decided by the Supreme Court. under this subsection, then this subsection State shall also provide all necessary forms shall not apply to that State until the 91st That decision reversed the 1967 deci- and instructions at no cost to any person day following the adjournment sine die of sion. It said, No. 1, we are changing our using the service. The State shall promi- that State’s next regular legislative session mind about due process. It is no longer nently display the toll-free telephone num- which convenes after the effective date of ber on all correspondence with any person a violation of the due process clause if this title (or such earlier date as State law using the service. This service may be pro- the States elect to require out-of-State may provide). Local sales taxes collected vided jointly with other States. companies which send goods into their pursuant to this title prior to the applica- tion of this subsection shall be distributed as SEC.ll09. DEFINITIONS. State to collect the applicable sales provided by State law. For the purposes of this title— tax, or use tax. A use tax is effectively (d) EXCEPTION WHERE STATE BOARD COL- (1) the term ‘‘compensating use tax’’ the same thing as a sales tax, but they LECTS TAXES.—Notwithstanding section means a tax imposed on or incident to the call it a use tax because it is a tax on ll03(b) and subsections (b) and (c) of this use, storage, consumption, distribution, or the use of the product, not the sale of section, if a State had in effect on January other use within a State or local jurisdiction the product. No. 2, although imposing 1, 1995, a State law which provides that local or other area of a State, of tangible personal sales taxes are collected and remitted by a property; this tax collection burden on an out-of- board of elected States officers, then for any (2) the term ‘‘local sales tax’’ means a sales State company constitutes a burden on period during which such law continues in ef- tax imposed in a local jurisdiction or area of interstate commerce that is impermis- fect— a State and includes, but is not limited to— sible under current law, the Congress (1) the State may require the collection (A) a sales tax or in-lieu fee imposed in a has the right to determine if that bur- and remittance under this title of only the local jurisdiction or area of a State by the den should be allowed. State sales taxes and the uniform portion of State on behalf of such jurisdiction or area, So the primary problem that prohib- local sales taxes, and and (2) the State may distribute any local sales (B) a sales tax imposed by a local jurisdic- ited States in the past from levying a taxes collected pursuant to this title in ac- tion or other State-authorized entity pursu- sales tax or a use tax on mail order cordance with State law. ant to the authority of State law, local law, houses—due process—was removed. SEC.ll05. RETURN AND REMITTANCE REQUIRE- or both; Now, I cannot say this often enough, MENTS. (3) the term ‘‘person’’ means an individual, for anybody who is hesitant about the (a) IN GENERAL.—A State may not require a trust, estate, partnership, society, associa- thrust of this amendment, that it does any person subject to this title— tion, company (including a limited liability not impose a tax on anybody. The tax (1) to file a return reporting the amount of company) or corporation, whether or not any tax collected or required to be collected acting in a fiduciary or representative capac- is already there. This amendment sim- under this title, or to remit the receipts of ity, and any combination of the foregoing; ply allows the States the discretion of such tax, more frequently than once with re- (4) the term ‘‘sales tax’’ means a tax, in- saying to the mail order houses: If you spect to sales in a calendar quarter, or cluding a compensating use tax, that is— are going to ship goods into this State, January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1063 you are going to have to collect the use floor about committee jurisdiction. It If I had called the Senator from tax on those goods. has been agreed to on both sides of the South Carolina to order for his re- Now, Mr. President, I do not know aisle. We are happy to do it with a marks regarding the Senator from how many States will do it. Five voice vote. Idaho, was rule XIX violated? States do not have a sales tax so this I send an amendment to the desk to The PRESIDING OFFICER. The amendment would have no impact on modify the committee amendment on Chair will read from Riddick’s, page those States. They would not levy a page 25, line 10, that the previous 738: use tax on mail order products because amendments offered to the language A Senator in debate, who ‘‘in the opinion they do not levy sales taxes on their proposed to be stricken by the commit- of the Presiding Officer’’ refers offensively to own in-State products. tee amendment be added to the modi- any State of the Union, or who impugns the The reason this legislation is impor- fication. motives or integrity of a Senator, or reflects tant is because virtually every State in The PRESIDING OFFICER. Is there on other Senators, may be called to order the Union—45 of them to be precise— objection? Without objection, the under Rule XIX. have a use tax now. It is levied not on amendment is so modified It is therefore the opinion of the the mail order house but on the buyer The modification to the amendment Chair that the rule was violated, rule of goods from the mail order house. If is as follows: XIX was violated. you order a sweater from L.L. Bean On page 25, strike all after line 10 and in- Mr. DOLE. Mr. President, I therefore and you ship it into Arkansas, even sert the following: ask unanimous consent the offending though L.L. Bean doesn’t collect the ‘‘(4) DETERMINATIONS OF APPLICABILITY TO remarks be expunged from the RECORD. applicable use tax, the State of Arkan- PENDING LEGISLATION.—For purposes of this The PRESIDING OFFICER. Is there sas says that the purchaser of that subsection, in the Senate, the presiding offi- objection? Hearing none, it is so or- sweater shall remit a use tax in the cer of the Senate shall consult with the Com- dered. mittee on Governmental Affairs, to the ex- exact amount of the sales tax to the Mr. DOLE. Mr. President, I thank the State revenue department of my State. tent practicable, on questions concuring the applicability of this section to a pending bill, Senator from Arkansas. I will just take So what you have is a lot of people joint resolution, amendment, motion, or con- another minute. I think the Senator who are getting a rude surprise because ference report. from South Dakota, the Democratic the States are beginning, more and ‘‘(5) DETERMINATIONS OF FEDERAL MANDATE leader, may want to have a discussion more, to find these people who are buy- LEVELS.—For purposes of this subsection, in here. ing big ticket items. People are buying the Senate, the levels of Federal mandates I wanted to file another cloture mo- for a fiscal year shall be determined based on these big ticket items and suddenly tion. Before I did that, I wanted to re- somebody from the State revenue de- the estimates made by the Committee on the cite precisely what has happened so the partment in Florida or North Carolina Budget.’’. record will be made. knocks on the door and says, ‘‘Friend, Mr. GLENN. Mr. President, I have We began debate on S. 1 at 10:30 a.m. that boat you bought for $250,000, you submitted this. I believe it is accept- on Thursday, January 12. There were 14 owe us $12,000.’’ We have letters galore able on both sides of the aisle. It takes committee amendments reported. The in our files from people who have had care of a problem we debated at long that rude surprise. length yesterday on the floor. Does my normal process is to adopt the commit- Now, admittedly, the States collect colleague have any comment? tee amendments en bloc after opening very little revenue out of this. And you Mr. KEMPTHORNE. Mr. President I statements. know the reason they do not is because wish to thank the Senator from Ohio, We have never been able to adopt the the people of your respective States of the distinguished floor manager. He is committee amendments. In fact, we West Virginia, Ohio, Idaho, and the correct. have had to resort to tabling a few just rest of you, do not know there is a use This is an issue that was of concern to get the Senate moving. We are now tax on the books. between the Governmental Affairs only on committee amendment No. 11 Mr. President, what do you think Committee and the Budget Committee. out of 14. mail order sales in this country Through the evening hours and this Cloture was filed Tuesday, January amount to? Just figure it out in your morning, language has been worked 17, with the hope we could still work own mind. You open your mail every out. I hope this is another clear evi- out a unanimous consent agreement day, and you are getting two, three, dence that we are finally moving for- that would provide for an exclusive list four times as many catalogs at your ward on S. 1, so we can deliver un- of amendments. After that, the list has house every week as you used to get. funded mandate relief to the cities and gone up since yesterday—on the Demo- I will be happy to yield to the major- States. The public sector realizes the cratic side from 30-some to 78, and it is ity leader. private sectors are partners on this. climbing; and I must say it has gone up Mr. DOLE. Mr. President, I wonder if We agree to this amendment. on the Republican side, up to 30. That the Senator will permit us to conclude Mr. GLENN. I urge acceptance of the is 108 amendments. Yesterday, we were a couple of things and then, if he wants amendment. talking about 40-some. to continue, I have no problem with VOTE ON COMMITTEE AMENDMENT ON PAGE 25, Our proposed agreement asks that all that. I would like to conclude a couple LINE 10, AS MODIFIED amendments must be offered by 6 p.m. of things and then give the floor back The PRESIDING OFFICER. If there tomorrow, and my colleague, Senator to the Senator. They want to adopt one be no further debate, the question is on DASCHLE, counteroffered that it be of- unanimous-consent request. I would agreeing to the committee amendment, fered by 12 noon on Wednesday, Janu- like to file a cloture motion, and I as modified. ary 25. Obviously, when you agree on think the Democratic leader wants to The committee amendment on page anything that has to be offered, you have a colloquy. Then I need to make a 25, line 10, as modified, was agreed to. have to have a pretty good relationship statement with reference to rule XIX. Mr. GLENN. Mr. President, I move to or one person will offer an amendment The PRESIDING OFFICER. Is there reconsider the vote. and that will be it, and no other objection? Mr. KEMPTHORNE. I move to lay amendment can be offered. It has Mr. DOLE. Is that all right with the that motion on the table. worked in the past, and it still may. It Senator from Arkansas? The motion to lay on the table was has worked out. Mr. BUMPERS. Absolutely, Senator. agreed to. But it seems to me if we are going to MODIFICATION TO COMMITTEE AMENDMENT ON REMARKS EXPUNGED FROM THE RECORD complete action on this bill anytime PAGE 25, LINE 10 Mr. DOLE. Mr. President, earlier next week, I hope my colleagues will Mr. GLENN. Mr. President, I thank today there was a statement made on help invoke cloture when the cloture my friend from Arkansas very much. the Senate floor. I will not repeat the vote occurs tomorrow morning. We had this amendment worked out statement, which I think violated rule There was some discussion earlier over a period of time here. It addresses XIX. So I would pose the following that if we did not adopt—or deal with a problem we had yesterday on the question, Mr. President: the so-called Boxer amendment, that S 1064 CONGRESSIONAL RECORD — SENATE January 18, 1995 might prevent cloture from being in- the time, and, of course, the whole con- The House will start action on this voked. That amendment has been dis- troversy relating to the committee re- bill on tomorrow. They will probably posed of. It was a unanimous vote. It port has been very much a part of the demonstrate, as they did in the con- was worked out with Senator BOXER debate on the floor over the last sev- gressional coverage, that they can pass and Senator NICKLES and supported by eral days. the same bill in an hour and 20 minutes every Senator who is present. The Budget Committee held its that took us 5 days because of so many I hope we can invoke cloture tomor- markup at 2:30 that same Monday. At amendments that were not germane. I row and get on with the amendments the request of the chairman, several would not suggest that we want to be that should be debated on each side. Democratic members of the Budget like the House. I am very happy to be And, having said that, I am happy to Committee agreed to withhold offering the U.S. Senate, and am very happy to yield to the Senator from South Da- their amendments until the bill was to have been in the House years ago, too. kota before I send the cloture motion be considered on the floor. But it seems to me that we can bring to the desk. Committee members were then told this matter to a close. If cloture is in- The PRESIDING OFFICER. The mi- there would be ample opportunity to voked, all the germane amendments nority leader. offer these amendments on the floor, are going to be there. They can be a de- Mr. DASCHLE. Mr. President, let me and Democratic members asked that a bated, adopted and disposed of in one say I am disappointed that the cloture Budget Committee report on S. 1 be way or the other. motion will be filed. I respect the deci- filed. It was our understanding that So I hope that tomorrow we can sion of the distinguished majority lead- there would be a report filed. Of course, move on this bill. We may not. We have er, but I remind our colleagues that that did not happen as it was promised. one Senator with five relevant amend- only three Democratic amendments So, Mr. President, in summary, let ments; another three, relevant; two have been considered. One amendment me just emphasize, we have dealt in relevant. We have the same on the Re- offered by the majority was debated by good faith all the way through this publican side; one Member with one or the body for over 3 hours this after- process. We had hoped that we could two relevant amendments, whatever noon. And I might add it was a have ample consideration of the bill in they may be. But they add up to 180 nonrelevant nongermane amendment. amendments. It is much like the tax So we have really not had much of an both the Budget Committee and the Governmental Affairs Committee—and bill. I have had a few tax bills on the opportunity to debate many of the very Senate floor. relevant, germane amendments that that did not happen. We were hoping that we could have a report before the So I certainly will continue to work reflect the legitimate concerns ex- with the distinguished Democratic pressed by our colleagues over the bill came to the floor—that did not happen. We were told we would have an leader. We want to accommodate our course of the last several days. colleagues wherever we can on both Let me just go back, if I may for just opportunity to consider amendments on the floor—germane amendments in sides of the aisle. And we will continue a moment, to remind my colleagues to work to do that. that this bill was introduced on many cases—and that has not hap- pened. I would be willing to ask right now Wednesday, January 4, with very sig- that all the committee amendments In good faith, I think, Senator DOLE nificant and important differences that have not yet been disposed of be from S. 993, the unfunded mandates bill and I have attempted over the last day to find an agreement—and that has not agreed to en bloc. I ask unanimous con- that was reported last year. sent that all committee amendments The Governmental Affairs Commit- happened, either. There is no filibuster going on here. that have not yet been disposed of be tee held a hearing the next day, on agreed to en bloc. January 5. There was a markup in Gov- In my view, and I think in the view of The PRESIDING OFFICER. Is there ernmental Affairs scheduled for Friday, many of our colleagues, there are very objection? January 6. Senator GLENN, the ranking legitimate concerns about many of Mr. DASCHLE. We object. member, on behalf of several Demo- these issues. The PRESIDING OFFICER. Objec- crats, asked for time to prepare amend- The concerns have to be addressed tion is heard. ments and consider issues raised at the prior to the time many of us feel com- Mr. DOLE. It is an indication that we hearing. The chairman, Senator ROTH, fortable voting on final passage. It is are not making progress. subsequently agreed to put the markup my hope and expectation that, if we over to Monday, the following week, had ample consideration of some of THE EASTER RECESS with the requirement that all amend- these legislative issues, there could be Mr. DOLE. Mr. President, I wanted to ments be filed by Friday, January 6, at a favorable vote. But certainly, that is make one correction. We have had 10 o’clock. going to take a reasonable amount of great difficulty with the Easter recess. Our committee members complied time. I would hope that we could op- I will take the blame for most of it. with that request in good faith. pose the cloture motion tomorrow But a letter went out today saying The Governmental Affairs Commit- morning. thanks for the extra week. What extra tee then had a markup on Monday, Mr. DOLE. Mr. President, I think one week? It is not an extra week. We are January 9, at 10 o’clock. Members were example is today we spent nearly 4 not getting 3 weeks off. We are getting originally told the chairman would op- hours during a recess to try to work a week before Easter and a week after. pose all amendments because the ma- out the Boxer amendment which had to By the time the letter went out it jority leader wanted to take them up do with violence in women’s clinics. It had almost the entire month of April. on the floor. So our committee mem- is a very important issue. It has noth- It is not going to happen. We will be bers again, in good faith, cooperated ing to do with this bill. And we spent out April 7 to April 24. That is 17 days. and delayed offering many of the the last 2 or 3 days not discussing the We are going to be way behind the amendments in committee, because amendments but discussing parliamen- House. The House has 3 weeks. We will they had the expectation that these tary procedure and whether or not we be about 2 months behind the House by amendments would be properly debated can adopt the committee amendments, then at the rate we are going. and considered on the floor. Democrats which generally is a matter of course. So I hope we do not have to put out objected to eliminating the committee This is a bill that has not changed a anymore. If we want a fine letter on from the legislative process. A markup lot since last year. It has not changed the Easter recess, we have already put was held, and amendments were of- much since last year. Unless something out the hotline. fered. All Democratic amendments happened across the countryside that f were defeated as a result of this dictate this Senator is not aware of, it is sup- on a partisan vote, except for three ported by the Governors, the mayors, CLOTURE MOTION that were accepted by the chairman. the city officials, township and county Mr. DOLE. Mr. President, I send a At the markup, members were told officials, and all the others, as has been cloture motion to the desk. that there would be no committee re- indicated by the Senator from Idaho in The PRESIDING OFFICER. The clo- port. There were strong objections at the debate. ture motion having been presented January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1065 under rule XXII, the Chair directs the To judge by the number of catalogs comes in has to be disposed of, too. clerk to read the motion. coming into my house, they are grow- How much are the catalog houses con- The legislative clerk read as follows: ing much faster than that. So you tributing to the mayors to help them might ask, No. 1, why should these peo- dispose of these millions of tons of gar- CLOTURE MOTION ple bother with collecting a tax on be- bage? Not one red dime. We, the undersigned Senators, in accord- half of the States where they sell mer- ance with the provisions of rule XXII of the Mr. President, this is not designed to Standing Rules of the Senate, do hereby chandise? be punitive. It is designed to be fair. In move to bring to a close debate on S. 1, the I used to be a small town merchant. order to be fair, I want to say this: unfunded mandates bill: I had a hardware, furniture, and appli- There are a few mail order houses in Bob Dole, William Roth, Dirk ance store. I even had a cemetery and this country which collect sales taxes Kempthorne, Bill Frist, Trent Lott, practiced law as well. I did anything to in every State where they send prod- Chuck Grassley, Craig Thomas, Judd try to feed my wife and three children. ucts. There is one very notable case of Gregg, John Ashcroft, Ted Stevens, My biggest competitor was not the such a company—essentially an office Conrad Burns, James Inhofe, Paul guy down the street. It was the Sears & supply house which does over $200 mil- Coverdell, Spencer Abraham, Chris- Roebuck catalog. They do not do much topher S. Bond, Bob Smith, Rod Grams, lion in business a year. When they Don Nickles, Alfonse D’Amato, Larry catalog business anymore; I think formed the company, they sat down in Craig. maybe Sears does no catalog business the boardroom and said, ‘‘Shall we or now. But I can tell you that offices of Mr. DOLE. Mr. President, when will shall we not collect sales taxes on our every Senator in the U.S. Senate has that motion ripen? sales and remit to the States?’’ They received communique after commu- decided, as good citizens, they would The PRESIDING OFFICER. One hour nique in the last 3 days saying, please after the Senate convenes after 1 day of collect a sales tax and remit it back to support Senator BUMPERS’ amendment. every State they shipped into. Do you session. They are from small town, main street know who the founder of that company Mr. DOLE. Mr. President, I apologize retailers all across America because it was? It was Senator ROBERT BENNETT to the Senator from Arkansas for tak- is not just Wal-Mart and K-Mart that of the great State of Utah. He said to ing so long. are putting them out of business; it is I say to my colleagues that at 11 the catalog business which enjoys a the Small Business Committee during o’clock tomorrow we will be back on S. competitive advantage because they do a hearing last year that ‘‘We thought it 1. There will be 30 minutes equally di- not have to collect that 5 to 8 percent was the right thing to do.’’ vided between the Senator from Michi- sales tax. Mr. President, we have made this bill gan and Senator KEMPTHORNE and Sen- What would this mean to your State? as simple and fair as we know how to ator BYRD. At the hour of 11:30 the Sen- In my State of Arkansas, it would make it. No. 1, we only require mail ate will proceed to vote on the Levin mean $19.6 million a year. In Illinois, order companies to file a return with amendment regarding feasibility, and $233 million a year; Pennsylvania, $145 the States every 3 months. No. 2, we immediately thereafter we will proceed million; New York, $359 million; and set up a toll-free telephone number at to a cloture vote on S. 1; and, we will California, $482 million. the State level so that any questions waive the mandatory quorum under Call our former colleague, Governor the catalog houses have can be resolved rule XXII B. Wilson in California, and ask him how free of charge. And we have exempted Mr. President, I yield the floor. I he feels about this legislation. It is all but 875 of the 7,500 mail order thank my colleague from Arkansas. supported by the National Conference houses in the country, because we ex- Mr. BUMPERS addressed the Chair. of Mayors, the National Governors empt every company which does less Mr. DASCHLE. Mr. President, if I Conference, the National Conference of than $3 million in business a year. Of might just take 1 more minute to com- County Executives. Who are we trying the 7,500 mail order companies in this ment about the importance of the vote to help with S. 1? The Governors, the country, 6,675 of them do not do $3 mil- tomorrow, I think it is very important mayors, and the county executives. lion a year. The mayors did not like it that Senators understand the dif- Mr. President, I used to be Governor because I exempted them. But we ference between germaneness and rel- of my State. These mandates drove me thought it was fair to do so because evance. We have a lot of amendments crazy. It was a big issue with me 24 this amendment could create a slight pending that are very relevant and years ago when I first became Governor administrative burden on small compa- that, under the strict rules of par- of my State. nies. So only 825 of the 7,500 catalog liamentary definition, may not be ger- I am not too crazy about this par- sales houses in this country are going mane. ticular unfunded mandates bill, even to be affected by this bill. The distinguished Senator from though I was a cosponsor of it last Mr. President, sometimes the mail Michigan has raised his point on a year, and I am not at all sure I am order houses say this is too com- number of occasions during the debate going to vote for this one. But be that plicated. I am not going to belabor it over the course of the last several days. as it may, if you were to ask some Gov- tonight, but tomorrow I am going to Senators need to be aware that in ernors in their State, ‘‘Would you rath- bring about a week’s supply of catalogs many cases, while an amendment in er have the right you would get under that came into my home, and I am question may directly affect this legis- the Bumpers amendment or the man- going to show you why that argument lation, may be directly relevant, it dates bill?’’ they would take this legis- that this is too complicated on us will may be ruled not germane. lation, because they are scared to not fly. The reason it will not fly is be- So this is a very important vote to- death that this mandate legislation cause a lot of them already collect use morrow morning, and I hope Senators will never amount to anything. taxes in as many as 25 or 30 States. will take care as we consider the im- And you might say, ‘‘These people do Senator BENNETT’s company says, ‘‘In- portance of our opportunity to raise not do business in your State, so why clude sales tax unless you are from these issues in a constructive way as should they collect a sales tax there?’’ Alaska, Delaware, Montana, New we have been doing the last several But they do impose a burden on the Hampshire or Oregon, which do not days. States—they send 3.3 million tons of have sales taxes.’’ And then look at With that, I yield the floor. catalogs and solicitations into the what they say: ‘‘If your order is less Mr. BUMPERS addressed the Chair. landfills of this country every year. than $10, include $2 for shipping charge. The PRESIDING OFFICER. The Sen- And what is one of the biggest prob- If your order is $10 to $25, include ator from Arkansas. lems every mayor has? Why, the local $2.50,’’ and here is another chart that Mr. BUMPERS. Mr. President, the landfill. In a lot of jurisdictions in this you have to look at when you order. So question was how much business is the country it costs $100 a ton to dispose of they themselves have very complicated catalog industry doing in this country? garbage. But it is not just the 3.3 mil- catalogs sometimes. And it would be The answer is almost $100 billion a year lion tons of catalogs which mail-order immensely less cumbersome if you and growing at a rate of 6 percent a companies send into the States. All the simply said: ‘‘Send with your order the year. packaging that their merchandise local sales tax.’’ S 1066 CONGRESSIONAL RECORD — SENATE January 18, 1995 Mr. President, main street merchants He told them, ‘‘I can buy it in an- Mr. President, before I yield the are suffering because they are at such other State and bring it into this State floor, I ask unanimous consent that a competitive disadvantage. Let me and save myself almost $20,000.’’ this amendment be set aside until we tell you one other thing. There are Who in their heart of hearts in the return to S. 1 tomorrow morning. I am some out-of-State companies that real- U.S. Senate thinks that is fair? not sure what the hour is. ly drive local retailers up the wall. So I say, this is not punitive, and I Mr. President, when are we scheduled There are out-of-State companies am not just pointing the finger at all of to return to S. 1 in the morning? which say, ‘‘Go down to the local store, these people. Fingerhut out in Min- Mr. President, I will withdraw that get the model number of the product nesota said they do not think this request. you want, and call us toll free at this would be much of a burden on them. Mr. COHEN addressed the Chair. 800 number.’’ You think they do not L.L. Bean, in the State of Maine, said The PRESIDING OFFICER (Mr. say that? Look at this advertisement: they did not think this would be much SANTORUM). The Senator from Maine. ‘‘Discount Wallcovering. Shop the of a burden on them, either. So I ap- Mr. COHEN. Mr. President, I was phone way. All brands, first quality, plaud them. I applaud them for their home when I learned that the Senator free delivery. No sales tax (outside generous statements and their citizen- from Arkansas was going to take the Pennsylvania).’’ But here is the real ship. I do not blame them for not col- floor this evening and offer this amend- clincher: ‘‘Shop in your neighborhood. lecting the applicable taxes. I would ment. I had no prior notification that Write down the pattern number book not collect them either if I did not it was coming up this evening. and then call Wallcovering, Inc.’’ have to. I can perhaps understand why the How would you like to be a Mr. President, the thrust of this Senator from Arkansas would want to wallcovering retailer and somebody amendment is to give the States the file this amendment prior to the clo- comes in and goes through all your discretion. This does not impose one ture vote tomorrow. This is precisely merchandise, picks out the number of single thing on the States. It says to what the majority leader was just talk- the wallcovering they like and they the States, ‘‘You have the discretion of ing about. said, ‘‘Adios, see you later.’’ They go requiring the collection of use tax on Here we have a bill dealing with un- home, get on a 1–800 line and call this merchandise being shipped into your funded mandates, and we have the mi- outfit and they say, ‘‘Here is the pat- State so that retailers in your State nority leader saying, ‘‘Well, we just tern I want, ship it to me with no sales are competing on a level playing field want to amend it in a substantive way tax.’’ with out-of-State companies.’’ dealing with relevant and germane is- There are going to be a lot of Sen- Mr. President, until that fateful No- sues pertaining to unfunded man- ators that vote against this amend- vember 8, 1994, I was chairman of the dates,’’ and the first thing that hap- ment. But there is not one Senator in Small Business Committee. As chair- pens is the Senator from Arkansas gets the U.S. Senate in his heart of hearts man of the Small Business Committee, up and offers this amendment which that would not tell you that such a and as a former small businessman, I has no particular relevance to this bill. practice is grossly unfair. have always championed the rights of It is an example of what I mentioned Here is an ad by an outfit that is too people to start a business, make Gov- on the floor the other day. We are back small for anybody to read unless you ernment as unobtrusive as possible, re- at it again. No sooner do we go into a are right on top of it, so I will tell you duce the paperwork burden, reduce the new session with a new Congress, with what it says. It is a company that sells regulatory burden, everything to give new hopes of perhaps moving legisla- boats, motors, fuel, water pump kits, people an opportunity to grow and tion at a much more expeditious fash- everything from the world of boats to prosper. ion, at least, than we just have a series everything that makes a boat run. When we held hearings on this bill of amendments and more amendments What do they do? They say, ‘‘Nobody last year, we had retailers from all that have nothing to do with the bill beats our deal.’’ Up here in red it says, over the country come and testify. We under consideration. ‘‘No sales tax added outside of North had a music store owner in my State Now that is consistent with the Sen- Carolina.’’ talk about how many people came into ate rules. And the majority leader said Mr. President, I hate to belabor the his store, got the model number off the he does not want to see a change in the RECORD, and I am not going to do the instrument they wanted, and went Senate rules; keep the Senate as the whole thing, but I want to read you a back home and ordered it. Senate and not as the House. letter that I got from a person in the The retail Main Street jewelry stores But the American people ought to state of California that was in the boat left in this country, you can count understand why it is we cannot move business, Long Beach Yacht Sales, them on one hand, because they cannot forward with legislation: because every Long Beach, CA. compete. Yet these are the people we individual Member has his or her par- JANUARY 18, 1994. look to organize the Christmas parades ticular amendment that they want to Hon. SENATOR BUMPERS, in rural America. They are the people offer. Chairman, Committee on Small Business, Rus- that every State depends on to pay With respect to this particular sell Senate Office Building, Washington, sales taxes to educate their children. amendment, this would reflect a major DC. They are losing billions of dollars of change in existing law. There is no ATTENTION: MR. STAN FENDLEY, TAX COUN- CIL: Thank you, in advance, for your sponsor- sales every year to this absolutely bur- mistake about it. This would be a ship of legislation regarding the collection of geoning catalog sales business and it is major change in existing law. interstate sales tax. This week we lost a time we give the States an opportunity It is being offered without any hear- $240,000 deal as a result of a sales tax issue. to do something about it. ings having been held in the Finance The buyer bought a boat in Oregon to avoid Mr. President, in the morning I am Committee—not one. And yet on the our local and state sales tax. The vessel will going to do two things: I am going to floor of the Senate, the Senator from be kept out of state for the required period of read you some additional letters from Arkansas wishes to make this rather time and will be subsequently brought into retailers as to what they are putting up significant change. The Small Business California after the waiting period has elapsed. Based on our local tax rate of 8.25% with out there. Second, I have a whole Committee, I am told, held one hearing the resulting tax would have been $19,800. stack of catalogs. I am going to go on the issue. But none in Finance Not only did we (and the State) lose this through some of them and show you which is the committee of jurisdiction. deal, but we also lost the time and expenses how complicated it is now and how, if Now the supporters of the amend- involved in upselling the customer to a more you adopt this amendment, you not ment argue this is a matter of fairness expensive boat (from $140,000 to $240,000), sea only curry favor of the mayors and for local retailers. trialing the boat and providing extensive Governors of this country, you prob- It is grossly unfair to ask mail order consultation regarding the product. The cus- ably lighten the administrative burden companies to collect taxes for over tomer thanked us but basically said for $19,800 he would have to make an economic on some catalog companies because 6,000 jurisdictions. Do you really want choice to buy elsewhere. they will only have one tax rate to to talk about putting burdens on peo- Sincerely, worry about in each State instead of ple? Ask a mail order company to col- RAY JONES, Owner. many different local rates. lect taxes for 46 States. There are some January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1067 6,000—just count them, 6,000—different ministers, and small businesses. They to fill the landfill, what their munici- taxes in this country that would have tried to reach an agreement to reduce pal water supplies must do, every kind to be considered. the 6,000 taxes down to maybe 46 so of environmental regulation we could But the Senator from Arkansas says, that within each State there would be put on them. They say ‘‘we want you to ‘‘Well, that is just too bad. We are only one rate. Unfortunately, the start paying for it.’’ going to impose that burden on these agreement fell apart in the end. The thrust of that idea is legitimate. mail order companies.’’ This amendment is very significant I believe in it. It is a very complex We have a Maine snack tax, to give and should not be offered to this bill. I issue. But this amendment says to the you an example. It is virtually indeci- support the majority leader, where he States, ‘‘Those burdens we have al- pherable to most Maine companies. I says it is time to file cloture. I hope ready placed on you, we will help you think it would be absurd—absurd—to that we do invoke cloture tomorrow. pay for that.’’ And to say that principle expect every fruitcake vendor in this And to eliminate those amendments in- is not germane to this bill makes no country to understand it. But that is cluding these types of amendments sense. We are simply saying we will what the Senator’s amendment would that are being offered tonight on the help you pay for your landfill, if you, do. Senate floor. State and local government, want us Second, about 30 percent of all of the Mr. President, I will have more to to. mail orders are paid not by credit say tomorrow, but for the moment I Let me repeat what I started off say- cards, but by check. So if the check is will yield the floor. ing in the beginning: Maine, since it al- made out in the wrong amount, any Mr. BUMPERS. Mr. President, I just ready collects the sales tax from all mail order company, L.L. Bean or any want to comment for a minute or two, the sales made off of L.L. Bean—and I other company in the country-would because I know the other Senator from misspoke earlier, Senator—it was have a difficult time collecting this Maine wishes to be heard. Lands’ End that said they do not think particular tax if the calculation is No. 1, if I were a Senator from Maine this would be a burden. L.L. Bean has wrong. I would be making the same speech I not said that, to my knowledge. Now the Home Shopping Network just heard. The second biggest catalog But Maine has the best of all worlds. collects State and local taxes. They are sales house in the United States is L.L. made via credit cards, where the seller Bean from the great State of Maine. And I love Maine. I have the utmost re- simply adds an appropriate tax to it. But there is another very cogent spect for my colleagues from Maine. The Senator from Arkansas has point I neglected to make in my open- But they are collecting sales taxes on talked about the great advantage that ing comments, and that is the State of all the sales they make in Maine, but is being held by these mail order com- Maine collects the sales taxes for every they do not collect a red cent for the panies over the local retailer. The fact dime’s worth of goods that L.L. Bean merchandise they send into other is, the local retailers also pay taxes to sells in the State of Maine. They do not States through catalog sales. They do enjoy benefits that out-of-State com- collect 1 penny for the other 49 States. not pay for disposing of the catalogs in panies do not. They are probably in the half billion the local landfill or the packaging they As a matter of fact the out-of-State dollar range now, maybe much more send the merchandise in. The Senator companies are not at a competitive ad- than that. They are the second biggest. says that is not germane. That is what vantage. They have to add the shipping I believe Lands’ End in Wisconsin is this bill is all about, trying to help the cost. These are costs that are added to the biggest in the country. States. the product. They have to do it on a So, No. 1, everybody should under- So, Mr. President, I cannot say it single item basis rather than in bulk, stand that under current law, law es- often enough, this amendment gives because when people call up and say, tablished in various Supreme Court de- the States the discretion. It does not ‘‘Can we have the product?’’ they have cisions, any mail order house that require the States to do one blessed to order and pay the shipping and mail- maintains a retail outlet in another thing. It says if the States want to re- ing costs, which far exceed the sales State has to collect the sales tax for quire out-of-State companies to collect tax in many cases. That is an added ex- that State. J. Crew, they have retail use taxes, just as retail outlets in your pense the local retailer does not have outlets in Maryland and Virginia. State have to collect sales taxes, the to bear. So Senator BUMPERS may talk Eddie Bauer has retail outlets in about States can do it. It has only been since about competitive advantage, but it 15 States. So those companies must 1992 when the Supreme Court ruled in does not exist. Mail order companies do collect use taxes when their mail order Quill versus North Dakota, that we not, let me repeat, do not enjoy a com- merchandise goes into States where could even debate this issue here. petitive advantage by not having to they maintain retail outlets. It is only Now, Mr. President, this is an idea collect these taxes. when they do not have a retail outlet that will not go away. It will happen, The States have numerous ways to in a particular State that they do not sure as God made little apples. Maybe handle the collection of their taxes? In have to collect use taxes on the mail not on this bill, but it will happen. And Maine, for instance, we assume that order goods sent into that State. the sooner the people in this business people in each income category have To suggest that this does not give understand that, the better off we will purchased a number of goods from out mail order houses a competitive advan- all be. I yield the floor. of State, and the State imposes a pre- tage when I just got through reading a Ms. SNOWE. Mr. President, I rise in sumptive use tax. Maine has devised its letter about how this company in Long opposition to the amendment that has own means of collecting taxes for goods Beach, CA, lost a $250,000 sale because been offered by the Senator from Ar- purchased across State lines through of a $20,000 savings in the sales tax. kansas, and I want to associate myself mail order. Why not let the States han- Why, of course people price shop. I will with the remarks made by the Senator dle it without the Senator from Arkan- fill the record up tomorrow with cases from Maine, [Mr. COHEN]. sas mandating another rule, where no just like it where people tried their I guess in hearing the arguments pre- hearings have been held by the com- very best to make a sale, and they say sented by the Senator from Arkansas mittee on jurisdiction. It is an exten- thank you very much for telling us tonight one would think this is a very sive change. We ought not to under- about it, we will go across the State simple matter. In fact, it would put na- take it on this particular bill. line and buy the merchandise and bring tional marketers and mail order com- Mr. President, as I indicated, I was it back in and save the money. panies as well as consumers at a dis- not aware that this was going to be Mr. President, to say that this advantage, and certainly would hurt brought up this evening. But I under- amendment is not germane to the Un- the thousands of jobs that are provided stand why it was. Last year an agree- funded Mandates bill is something that by these companies. ment was nearly reached involving the defies imagination. With the Unfunded There is no tax advantage for mail voluntary collection of State use taxes. Mandates bill, we are talking about the order companies, as the Senator from This was negotiated by the direct mar- burden that Congress has been putting Maine indicated. They have to charge keting association and the multistate on the States of this Nation, ordering for postal rates, and many times these taxes commission, federation of tax ad- them how to build their landfills, how charges exceed the cost of local taxes S 1068 CONGRESSIONAL RECORD — SENATE January 18, 1995 or State taxes. Also, mail order compa- costing thousands of jobs all across tually every law. The mere possibility nies do not derive the benefits from this country. that a provision might be applied in an having their presence in a local com- The revenues raised under this pro- unconstitutional manner has never munity like many of the local mer- posal, according to the Senator from been regarded as sufficient to invali- chants and, therefore, do not create ad- Arkansas, would be about $1.6 billion. date it. Otherwise, Congress could ditional costs do a local community. But, in fact, it would be far less than never enact anything. In any event, if In a State like Maine, we have taken that when you deduct compliance a problem with a possible application a very reasonable approach. What we costs. This amendment would require of this provision were to arise in the have done is require the taxpayer to States to audit out-of-State firms. It future, that problem would be raised by play a flat rate on their tax return would certainly add costs to the States an implementing bill. It is that future when they file it in April for the as well as to the mail order companies. implementing bill that would require amount of the taxes they owe in out-of- The Senator from Arkansas men- reconsideration, not the bill currently State purchases. That is the require- tioned that this would benefit local before us. In other words, since the ment. Granted, it requires a good-faith merchants and small businesses, but it concern raised by Senator BYRD relates effort on the part of the taxpayers in is interesting to note that the one or- to one manner in which the provision Maine, but it has worked and it is a far ganization that represents thousands might be applied, that concern should better approach than applying this of small businesses and merchants all be raised if and when a later bill adopts kind of a tax through a bill that has no across America undertook a survey that manner. In short, the concerns relation to the issue before us in the last year asking their clients whether raised by Senator BYRD are not suited Senate. or not they support such a collection to a facial challenge to the provisions This amendment would impose a by mail order companies. Only 25 per- of this unfunded mandates legislation. major new burden on many companies cent said yes and 67 percent said no to Second, even under the speculative throughout the country without the such a mandate. possibility raised by Senator BYRD, I benefit of hearings to explore the rami- It is because they recognize that it am unpersuaded that there would be fications of such a tax on mail order would hurt many local economies any constitutional problem with the companies. We are not only talking across America. It would cost jobs, and possibility that he raises. It is note- the administrative burden would be a worthy that Senator BYRD is unable to about the imposition of a tax, we are nightmare. It would be very difficult to cite even a single Supreme Court talking about compliance costs, and comply with such a mandate and that case—or any case from any court, for those are not minimal, if you consider the tax structure would be so complex that matter—in support of his argu- the fact that mail order companies that there would be many mistakes in ment that the provision he is con- would be required to cope with no less the process of calculation. cerned about presents constitutional than 46 types of procedures and exemp- I hope that my colleagues in the Sen- problems. This is not surprising, for his tions from over 6,000 State and local ate will oppose the amendment offered argument is, I believe, unsustainable. tax rates. The compliance tax alone by the Senator from Arkansas because, Congress can act to sunset legislation would be 6.5 times greater for mail clearly, it would not result in the kind through a variety of means. That it order companies than for local retail- of benefits that he mentioned this might do so through a mechanism that ers who must only contend with one evening and certainly would result in involves administrative agencies does tax rate and one set of exemptions. the loss of thousands of jobs and addi- not make that mechanism ipso facto The Senator from Arkansas men- tional regulatory costs. Now is not at a constitutionally suspect. In short, I see tioned L.L. Bean. For L.L. Bean, that time when we can afford these eco- nothing in the provision at issue that would cost $500,000 per year for compli- nomic losses. involves any delegation of legislative ance, just in the administrative ac- I thank my colleagues and yield the powers to agencies, much less any un- counting and legal fees that would be floor. constitutional delegation. involved, not to mention the fact that, Mr. LOTT addressed the Chair. Third, it seems clear to me that Sen- of course, a blended tax rate would The PRESIDING OFFICER. The Sen- ator BYRD misunderstands the provi- mean that for many customers, in fact, ator from Mississippi. sion that he is worried about. This pro- for probably half the customers, they Mr. LOTT. Mr. President, Senator vision specifies a requirement that would pay more tax than they actually HATCH, the chairman of the Judiciary must under some circumstances be sat- owe. So, of course, that would contrib- Committee, has provided a statement isfied in order to avoid having a point ute to a loss of confidence and erode which addresses constitutional issues of order lie. Let’s assume for the sake sales for the company. I suspect the 100 raised earlier today by Senator BYRD of argument that the requirement was million Americans who shop by mail with regard to the unfunded mandates constitutionally defective. All that order today would also find such an un- legislation. He states in this statement would mean is that the requirement fair tax scheme unjustifiable. that he is ‘‘unpersuaded that there could not be lawfully satisfied and that This amendment would have an eco- would be any constitutional problem’’ a point of order would therefore lie. nomic impact on everyone. Jobs would with the issues raised. Were this the case, the Senate could be lost in Maine and elsewhere in the (At the request of Mr. LOTT, the fol- decide whether or not to overrule the country. lowing statement was ordered to be point of order. This is an unfair imposition, it is an printed in the RECORD:) Mr. President, some people will look unreasonable administrative burden Mr. HATCH. Mr. President, I have for any excuse, however flimsy, to con- when there are other approaches that listened with care to what Senator tinue imposing burdensome unfunded can be taken and, in fact, are being BYRD has said regarding what he sees mandates on States and localities. It is pursued. as a constitutional question raised by especially amusing that my colleagues As Senator COHEN mentioned, there one provision of this unfunded man- on the other side of the aisle who have has been an approach taken by the in- dates legislation. I appreciate his championed a massive Federal bu- dustry to look at resolving this matter thoughts on this issue. I am reaucracy are now invoking an exag- in a way which could be fair to the in- unpersuaded, however, that he has gerated, hyperrestrictive version of the dustry without creating additional and identified a serious constitutional doctrine that Congress is limited in the onerous burdens, as well as excessive problem. Indeed, I am convinced that a powers that it can delegate to adminis- costs far beyond the local taxes that careful analysis will show that his con- trative agencies. There is no merit to they would be required to collect, and cern is unwarranted. the argument, and no one should hide they are working on such an agree- In the first place, Senator BYRD’s behind it. ment. concern is not that a provision of S. 1 Ms. MIKULSKI. Mr. President, I rise I think we ought to encourage a ne- is facially unconstitutional but merely today to discuss S. 1, the Unfunded gotiated settlement that would satisfy that it might possibly be applied in an Mandate Reform Act. Mr. President, in both parties without unnecessarily unconstitutional manner. This same traveling throughout the State of burdening companies or consumers and objection could be raised against vir- Maryland, I have heard complaints of January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1069 local officials who have been forced to tent of this legislation and many of its States submitting a nomination which balance the needs of their community provisions; at the same time I remain were referred to the Committee on against compliance with Federal regu- concerned over the issues I have out- Governmental Affairs. lations. lined. I believe these questions need to (The nominations received today are These local officials have raised valid be answered before the Senate adopts printed at the end of the Senate pro- concerns over the pressure to imple- any unfunded mandates legislation. ceedings.) ment mandates imposed by Washington REGARDING RELATIONSHIP BETWEEN UNFUNDED f with no funds to back it up. I believe MANDATES AND SOUND RISK REGULATION we need to work as a partner with our Mr. JOHNSTON. Mr. President, I REPORTS OF COMMITTEES cities, towns, and counties—not as want to point out to my colleagues the The following reports of committees their adversary. connection between S. 1, the unfunded were submitted: I support the validity of their con- mandates bill, and a matter that is By Mrs. KASSEBAUM, from the Commit- cerns. I am on their side. close to my heart—the risk assessment tee on Labor and Human Resources, without We need to have a better understand- and cost-benefit provision that passed amendment: ing about the costs of Federal man- the Senate twice on the last Congress, S. Res. 62. An original resolution authoriz- dates—on the public sector and private only to die in the House. As my col- ing expenditures by the Committee on Labor sector—and help our local partners leagues may recall, it passed by a vote and Human Resources. meet those costs. of 95 to 3 on the EPA Cabinet bill in By Mr. SIMPSON, from the Committee on I am glad the Senate has finally 1993, and then, after significant revi- Veterans Affairs, without amendment: S. Res. 64. An original resolution authoriz- begun the debate on this important sion, passed again on the safe drinking issue. I believe the Unfunded Mandate ing expenditures by the Committee on Veter- water bill in 1994 by a vote of 90 to 8. ans’ Affairs. Reform Act takes an important step One of the best ways to reduce un- By Mr. SPECTER, from the Select Com- toward correcting many of the prob- funded mandates—whether it be on mittee on Intelligence. lems of the past. State and local governments or the pri- Special Report entitled ‘‘Committee Ac- This legislation will make Congress vate sector—is to set aside the issue of tivities of the Select Committee on Intel- estimate the costs of new legislation funding and examine whether the man- ligence for the period January 4, 1993 and regulations on State and local gov- date itself is sound. Federal regula- through December 1, 1994’’ (Rept. No. 104–4). ernments and the private sector, speci- tions that do not address a significant f fy the means to pay for it, and reduce risk in a cost-effective manner must be EMROLLED BILL PRESENTED or eliminate a mandate if adequate avoided, regardless of who pays. Put funding is not provided. another way, the argument over who The Secretary of the Senate reported This bill applies only to new legisla- should pay for a mandate will be much that on January 18, 1995, she had pre- tion. It does not effect any existing law easier to resolve if the mandate itself sented to the President of the United or program. Furthermore, this legisla- is as lean as possible to do the job. States, the following enrolled bill: tion exempts any law or regulation Section 202 of S. 1 begins to get at S. 2. An act to make certain laws applica- that enforces constitutional rights, es- this idea when it requires the Federal ble to the legislative branch of the Federal tablishes or enforces laws that prohibit agency, when promulgating a regula- Government. discrimination, provides emergency as- tion that will cost $100 million or more, f sistance to State and local govern- to prepare a written statement provid- ments, pertains to national security or ing ‘‘a qualitative, and if possible, a EXECUTIVE AND OTHER treaty ratification and any bill des- quantitative assessment of costs and COMMUNICATIONS ignated as an emergency by the Presi- benefits anticipated from the Federal The following communications were dent and Congress. intergovernmental mandate, such as laid before the Senate, together with While I wholeheartedly support these the enhancement of health and safety accompanying papers, reports, and doc- exemptions, as well as the overall in- uments, which were referred as indi- tent of this legislation, I have a num- and the protection of the natural envi- cated: ber of questions regarding its impact ronment * * *.’’ This is a certainly a and applicability. good provision as far as it goes. EC–131. A communication from the Chair- man of the Federal Maritime Commission, I am very concerned about this bill’s But this problem will not be fully ad- dressed until the Senate turns once transmitting, pursuant to law, the report on impact on laws that are designed to the internal controls and financial systems protect public health and safety. Will again to the subject of risk-based regu- latory reform. I was initially inclined in effect during fiscal year 1994; to the Com- this bill diminish the Government’s mittee on Governmental Affairs. ability to protect public health and to offer last year’s risk amendment to EC–132. A communication from the Chair- provide essential public safety? this bill, but I have been convinced to man of the National Endowment for the Hu- I am concerned about how this bill withhold so that we can consider pos- manities, transmitting, pursuant to law, the defines public and private and how it sible improvements to last year’s risk report on the internal controls and financial impacts future laws and programs. provision. systems in effect during fiscal year 1994; to Right now, Chairman MURKOWSKI and the Committee on Governmental Affairs. Could a mandate exempt the public EC–133. A communication from the Admin- sector while applying to the private I are working on legislation that will build on last year’s provision. We in- istrator of the National Aeronautics and sector? Could public schools be exempt Space Administration, transmitting, pursu- from a mandate while Catholic or other tend to introduce the bill soon, hold ant to law, the report on the internal con- religious day schools would be forced hearings in the Energy Committee trols and financial systems in effect during to comply? soon thereafter, and move to consider- fiscal year 1994; to the Committee on Gov- Would future emissions standards ation of the bill on the Senate floor at ernmental Affairs. apply to UPS trucks but not MTA the earliest opportunity. EC–134. A communication from the Admin- buses? f istrator of the General Services Administra- tion, transmitting, pursuant to law, the re- I am concerned about how Federal MESSAGES FROM THE PRESIDENT port on the internal controls and financial agencies will have to implement the systems in effect during fiscal year 1994; to complex provisions of this legislation. Messages from the President of the the Committee on Governmental Affairs. For example, will Federal agencies be United States were communicated to EC–135. A communication from the Direc- forced to rewrite regulations every the Senate by Mr. Zaroff, one of his tor of the Arms Control and Disarmament year if funding levels change? secretaries. Agency, transmitting, pursuant to law, the I am concerned about confusion this f report on the internal controls and financial bill may generate to State and local systems in effect during fiscal year 1994; to EXECUTIUE MESSAGES REFERRED the Committee on Governmental Affairs. governments and the private sector. EC–136. A communication from the Presi- I believe we need laws and regula- As in executive session the Presiding dent of the Inter-American Foundation, tions that are clear, enforceable, and Officer laid before the Senate messages transmitting, pursuant to law, the report on universally applicable. I support the in- from the President of the United the internal controls and financial systems S 1070 CONGRESSIONAL RECORD — SENATE January 18, 1995 in effect during fiscal year 1994; to the Com- LOTT, Mrs. MURRAY, Mr. MACK, Mr. Officers Act, 5 years after its enact- mittee on Governmental Affairs. JOHNSTON, Mr. FAIRCLOTH, Mr. ment. The Reporting Requirements EC–137. A communication from the Execu- CONRAD, Mr. BURNS, Mr. CHAFEE, Mr. Sunset Act of 1995 is almost identical tive Director of the State Justice Institute, GORTON, Mr. HELMS, Mr. KYL, Mr. to legislation (S. 1971) that I intro- transmitting, pursuant to law, the report on THOMAS, Mrs. HUTCHISON, Mr. the internal controls and financial systems SANTORUM, and Mr. PELL): duced in the last Congress. This bill in effect during fiscal year 1994; to the Com- S. 240. A bill to amend the Securities Ex- would also require the President to mittee on Governmental Affairs. change Act of 1934 to establish a filing dead- identify which reports he feels are un- EC–138. A communication from the Direc- line and to provide certain safeguards to en- necessary or wasteful in his next budg- tor of the Woodrow Wilson Center, transmit- sure that the interests of investors are well et submission to Congress, a measure ting, pursuant to law, the report on the in- protected under the implied private action which will hopefully spur the Congress ternal controls and financial systems in ef- provisions of the Act; to the Committee on to swiftly dispose of those specific re- fect during fiscal year 1994; to the Commit- Banking, Housing, and Urban Affairs. tee on Governmental Affairs. By Mr. D’AMATO: ports. EC–139. A communication from the Execu- S. 241. A bill to increase the penalties for This proposal is intended to address tive Director of the Office of Navajo and sexual exploitation of children, and for other the growing problem of the thousands Hopi Indian Relocation, transmitting, pursu- purposes; to the Committee on the Judici- of reports the Congress is burdening ant to law, the report on the internal con- ary. the executive branch with each year. trols and financial systems in effect during By Mr. DASCHLE (for himself, Mr. Each year, Members of Congress add fiscal year 1994; to the Committee on Gov- BREAUX, Mr. KENNEDY, Mr. REID, Mr. layer upon layer of onerous paperwork ernmental Affairs. ROCKEFELLER, Ms. MIKULSKI, Mr. requirements upon executive branch EC–140. A communication from the Chief of FORD, Mr. DODD, and Mr. KERRY): Staff of the Office of the Nuclear Waste Ne- S. 242. A bill to amend the Internal Reve- agencies by mandating various reports. gotiator, transmitting, pursuant to law, the nue Code of 1986 to allow a deduction for the This problem has a very real and sub- report on the internal controls and financial payment of tuition for higher education and stantive cost to taxpayers in terms of systems in effect during fiscal year 1994; to interest on student loans; to the Committee wasting hundreds of millions of dollars, the Committee on Governmental Affairs. on Finance. in addition to taking up untold number By Mr. SARBANES (for himself, Mr. INTRODUCTION OF BILLS AND of work-hours by Federal employees, BYRD, Mr. ROCKEFELLER, and Ms. MI- and draining vast amounts of other JOINT RESOLUTIONS KULSKI): S.J. Res. 20. A joint resolution granting agency resources that could be far bet- The following bills and joint resolu- ter utilized in more worthy endeavors. tions were introduced, read the first the consent of Congress to the compact to provide for joint natural resource manage- The Vice President’s National Per- and second time by unanimous con- ment and enforcement of laws and regula- formance Review determined that in sent, and referred as indicated: tions pertaining to natural resources and 1993 alone the Congress mandated that By Mr. MCCAIN: boating at the Jennings Randolph Lake the Office of the President and execu- S. 233. A bill to provide for the termination Project lying in Garrett County, Maryland tive branch agencies to prepare over of reporting requirements of certain execu- and Mineral County, West Virginia, entered 5,300 reports. This is a problem that is tive reports submitted to the Congress, and into between the States of West Virginia and for other purposes; to the Committee on Maryland; to the Committee on the Judici- reaching truly epic proportions of un- Governmental Affairs. ary. necessary and wasteful papershuffling. I have based this legislation upon the By Mr. CAMPBELL (for himself, Mr. f GRASSLEY, and Mr. KOHL): official list of congressionally man- S. 234. A bill to amend title 23, United SUBMISSION OF CONCURRENT AND dated reports which is published each States Code, to exempt a State from certain SENATE RESOLUTIONS Congress by the Clerk of the House of penalties for failing to meet requirements The following concurrent resolutions Representatives. It is the most com- relating to motorcycle helmet laws if the prehensive compilation available. Let State has in effect a motorcycle safety pro- and Senate resolutions were read, and gram, and to delay the effective date of cer- referred (or acted upon), as indicated: me give just a few examples of the type tain penalties for States that fail to meet of reports I am talking about. Each By Mrs. KASSEBAUM: year, the following are required to be certain requirements for motorcycle safety S. Res. 62. An original resolution authoriz- laws, and for other purposes; to the Commit- ing expenditures by the Committee on Labor sent to the Congress from Federal tee on Environment and Public Works. and Human Resources; from the Committee agencies: a report on activities involv- By Mrs. HUTCHISON: on Labor and Human Resources; to the Com- ing electric and hybrid vehicle re- S. 235. A bill to amend the Clean Air Act to mittee on Rules and Administration. search; a report on the United States- prohibit the Federal government from re- By Mr. DORGAN (for himself, Mr. Japan Cooperative Medical Science quiring State plans to mandate trip reduc- DODD, and Mr. HARKIN): Program; another on the number of tion measures; to the Committee on Envi- S. Res. 63. A resolution to express the sense ronment and Public Works. customs service undercover operations of the Senate regarding calculation of the commenced, pending, and closed; and S. 236. A bill to amend the Clean Air Act to Consumer Price Index; to the Committee on repeal the mandatory requirement for State Banking, Housing, and Urban Affairs. finally, a report on the transportation, motor vehicle inspection and maintenance By Mr. SIMPSON: sale, and handling of animals for re- programs for ozone nonattainment areas; to S. Res. 64. An original resolution authoriz- search and pets. the Committee on Environment and Public ing expenditures by the Committee on Veter- Is the continued research, prepara- Works. ans’ Affairs; from the Committee on Veter- tion, and production of these types of By Mr. HOLLINGS: ans Affairs; to the Committee on Rules and reports—and thousands more, all at S. 237. A bill to amend the Internal Reve- Administration. nue Code of 1986 to impose a value added tax taxpayers’ expense—really necessary? I and to use the receipts from the tax to re- f think the answer is likely no, Mr. duce the Federal budget deficit and Federal President, and I am confident most STATEMENTS ON INTRODUCED debt and to finance health care reform; to people determined to reduce the size BILLS AND JOINT RESOLUTIONS the Committee on Finance. and cost of Government will agree. S. 238. A bill to create a legislative line By Mr. MCCAIN: This problem of foisting massive re- item veto by requiring separate enrollment S. 233. A bill to provide for the termi- porting requirements on Federal agen- of items in appropriations bills; to the Com- nation of reporting requirements of cies is extremely expensive. The De- mittee on Rules and Administration. certain executive reports submitted to By Mr. SHELBY (for himself, Mr. NICK- partment of Agriculture alone spent LES, Mr. BURNS, Mrs. HUTCHISON, Mr. the Congress, and for other purposes; over $40 million in taxpayers money in LOTT, Mr. PACKWOOD, Mr. PRESSLER, to the Committee on Governmental Af- 1993 to produce the 280 reports it was Mr. INHOFE, Mr. THOMAS, and Mr. fairs. required to submit to the Congress. BROWN): THE REPORTING REQUIREMENTS SUNSET ACT That is astounding, Mr. President—$40 S. 239. A bill to require certain Federal Mr. MCCAIN. Mr. President, I intro- million in taxpayer dollars spent by a agencies to protect the right of private prop- duce legislation that would terminate single department on reports mandated erty owners, and for other purposes; to the Committee on Governmental Affairs. the statutory requirement for all con- by the Congress. At a time when our By Mr. DOMENICI (for himself, Mr. gressionally mandated reports, except country is struggling to alleviate the DODD, Mr. HATCH, Ms. MIKULSKI, Mr. for those required under the Inspector burdens of the middle class and also ad- BENNETT, Ms. MOSELEY-BRAUN, Mr. Generals Act and the Chief Financial dress the urgent needs of our citizenry, January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1071 this is an especially egregious waste of of 1993. The penalties involve a re- not enact helmet laws by September 30, money. quired transfer of scarce transpor- 1994, are required to shift 3 percent of Furthermore, this problem is getting tation and construction dollars to sec- their Federal highway funds from these worse with each passing year. The GAO tion 402 safety programs. The penalties important programs into safety pro- stated that in 1970, the Congress man- are assessed regardless of whether the grams. dated only 750 recurring reports from State already has the funds dedicated My bill would repeal the section 153 Federal agencies. Now we have spiraled to safety programs and regardless of penalties and, upon enactment of this well past 5,300, and the GAO deter- the State’s individual safety record. legislation, gives States until fiscal mined that ‘‘Congress imposes about Like many of my colleagues, Mr. year 1996 to either pass helmet laws, or 300 new requirements on Federal agen- President, I am not opposed to safety establish motor safety programs, ex- cies each year.’’ Clearly, Mr. President, programs and I certainly support them. empting those States which already the wasteful blizzard of paperwork that I am not opposed to the use of helmets. have safety programs in place. Vice President Gore criticized is be- On the contrary, I am opposed to the Mr. President, let me be clear. I am coming an avalanche, and it’s time for Federal Government blackmailing not opposed to people wearing helmets. the Senate to take decisive action to States, as many other Senators are. It Quite the contrary. What I am opposed remedy it. is not a good policy to force States to to is the Federal Government black- This legislation would terminate the channel funds from one transportation mailing States to pass laws. It simply statutory requirement for all congres- activity to another, using threats of is not good policy to force States to sionally mandated reports 5 years after withholding Federal money for these funnel funds from one State transpor- it is signed into law, with two specific programs. tation activity to another. It should be exceptions. The reports to be exempted This bill would give States the option pointed out that the money the Fed- are those required under the Inspector of implementing their own safety pro- eral Government wants to redirect, is Generals Act of 1978 and the Chief Fi- grams, which they can tailor to the tax revenue already paid by State resi- nancial Officers Act of 1990. The Inspec- specific needs of their individual dents. tor Generals Act requires the Congress States. If they choose to design a safe- Safety education programs are desir- to be advised of activities regarding in- ty program or already have such a pro- able. That is the point of my bill. I vestigations into waste, fraud, and gram in place, it would not be subject firmly believe, and I’m sure my col- abuse in Federal agencies; and the CFO to the section 153 penalties. They still leagues would agree, that we must do Act requires agencies to provide finan- would have the option of passing such everything we can to make our roads cial information about their short- and laws if they want it. In fact, it would and highways safer. long-term management of agency re- not mandate that any States repeal ex- My bill would give States the option sources. isting laws. of implementing safety programs, in- I believe the reports required by I believe encouraging and providing stead of mandating the use of helmets these two laws are very important and support to States and local commu- and remove the section 153 penalties. merit continuation, and I also recog- nities to establish training programs My own State of Colorado has no hel- nize that there are many other reports would be a much more effective means met law. The Colorado Legislature has that my colleagues feel have great of improving motorcycle safety on the repeatedly shot down any attempt to value because of the information they roads and the highways. The Federal implement one. provide to the Congress. Such reports Government should redirect their role Colorado, however, has a motorcycle can simply be reauthorized at any time to establishing basic guidelines regard- fatality rate almost 30 percent below in the 5 years before this amendment ing the programs, rather than forcing the average for States with mandatory would sunset them. States to dip from one transportation helmet laws. Of the top 12 States with Mr. President, it’s time we put an fund to another. the best motorcycle safety records, end to this cycle of waste and misspent Mr. President, as the Senate has been only one has a helmet law. On the resources. The adoption of this legisla- debating the issue of unfunded man- other hand, half of the 12 States with tion would be a strong contribution to- dates, I am introducing legislation that the worst safety records have helmet ward downsizing Government as the will provide options and relief to the 25 laws. American people are calling on us to States which have been financially pe- Comparing States with and without do. I urge my colleagues to support nalized under the Intermodal Surface mandatory helmet laws as a whole, fig- this legislation and remove the mill- Transportation Act of 1991 for not hav- ures show that for the 14-year period stone of unnecessary and costly paper- ing passed laws mandating helmet use between 1977 and 1990, States with man- work that Congress has hung around by the deadline of October 1, 1993. This datory helmet laws had 12.5 percent the neck of the Federal Government is not only a burdensome Federal man- more accidents and 2.3 percent more fa- for too long. date placed on the backs of State legis- talities than States that did not man- latures, but also an erosion of civil lib- date helmet usage. By Mr. CAMPBELL (for himself, erties and personal freedom. In the past decade, motorcycle fatali- Mr. GRASSLEY, and Mr. KOHL): Twenty-five States face penalties in ties have decreased 38 percent and acci- S. 234. A bill to amend title 23, Unit- fiscal years 1995, 1996, and 1997. In ac- dents have plummeted 41 percent. ed States Code, to exempt a State from cordance with ISTEA, they are re- These figures are particularly impres- certain penalties for failing to meet re- quired to transfer scarce transpor- sive because the Federal Highway Ad- quirements relating to motorcycle hel- tation and construction dollars to sec- ministration estimates that the aver- met laws if the State has in effect a tion 402 safety programs. age vehicle miles traveled by motorcy- motorcycle safety program, and to This shift will force States to spend clists has increased 85 percent since delay the effective date of certain pen- 10 to 20 times the amount they are cur- 1975. These statistics are unmatched by alties for States that fail to meet cer- rently spending on section 402 safety any other category of road user—pas- tain requirements for motorcycle safe- programs. These penalties are assessed senger or commercial. ty laws, and for other purposes; to the regardless of whether the State already What can account for this decrease in Committee on Environment and Public has funds dedicated to helmet safety accidents and fatalities? Evidence Works. programs and regardless of the State’s clearly indicates that the most effec- MOTORCYCLE SAFETY LEGISLATION individual safety record. tive way to reduce motorcycle acci- Mr. CAMPBELL. Mr. President, Initially, these States are being dents and motorcycle fatalities is today, I rise to introduce legislation forced to shift 1.5 percent of their Fed- through comprehensive education pro- which will provide relief to 25 of those eral highway dollars. This transfer ef- grams, as opposed to mandating helmet States that have been penalized by one fects three programs: the National usage. Currently 42 States have estab- such mandate. The Intermodal Trans- Highway System, the Surface Trans- lished and funded some sort of safety portation Act of 1991 penalized States portation Program, and the Congestion program. which did not pass laws mandating Mitigation and Air Quality Improve- The national average of motorcycle seatbelt and helmet usage by October 1 ment Program. Those States which did fatalities per 100 accidents is 2.95. S 1072 CONGRESSIONAL RECORD — SENATE January 18, 1995 States with rider education programs Mr. President, in closing, I want to tandem with deeper spending cuts—to and no helmet laws, however, have the strongly encourage my colleagues to deal with the fiscal recklessness that lowest average death rate, 2.56 fatali- reconsider the position Congress took has gotten out of hand in this city. ties per 100 accidents. States with man- in ISTEA in mandating that States It’s time we stopped running govern- datory helmet laws and no rider edu- pass helmet and seatbelt laws. It is ment based on the promise of pollisters cation programs have a significantly wrong to blackmail the States into and started thinking about performing higher rate of 3.09 fatalities per 100 ac- passing laws. And, if motorcycle safety for the people. Today, I propose a 5-per- cidents. programs are desired, we should work cent national value-added tax without Police accident reports indicate that toward establishing effective program exemptions. The VAT is essentially well over 45 percent of motorcyclists guidelines, rather than force States to like a national sales tax. Traditionally, involved in accidents did not have a dip from one transportation pot to fill there have been three principal objec- motorcycle license, 92 percent did not another. tions to a VAT: First, it is regressive; have any rider training, and over 50 Mr. President, I ask unanimous con- second, it is too complicated; third, it percent had less than 6 months riding sent that the text of the bill be printed raises too much money and would experience. Some 62 percent of the ac- in the RECORD. cause waste. Let me address each of cidents and 50 percent of the fatalities There being no objection, the bill was these objections in turn. involved riders between the ages of 17 ordered to be printed in the RECORD, as First, the issue of regressivity. I and 26. Clearly, mandating helmet use follows: agree, but all taxes are inherently re- will not address the real problem of S. 234 gressive. With a consumption tax, the rider inexperience and lack of training. Be it enacted by the Senate and House of Rep- more you consume, the more you pay; I believe that encouraging and pro- resentatives of the United States of America in the less you consume, the less you pay. viding support to States and local com- Congress assembled, The VAT does fall disproportionately munities to establish motorcycle train- SECTION 1. USE OF A MOTORCYCLE HELMET AND on lower income brackets. But the ing programs would be a much more ef- MOTORCYCLE SAFETY PROGRAM. VAT is not nearly as regressive as in- Section 153(h) of title 23, United States fective means of improving motorcycle Code, is amended— terest costs on the national debt. It is safety on our roads and highways. The (1) by striking ‘‘(1) FISCAL YEAR 1994.—If,’’ not nearly as regressive as the debt’s Federal Government should redirect its and inserting the following: inflationary impact on the economy, role to providing uniform national ‘‘(2) SAFETY BELTS.— which disproportionately harms the guidelines regarding these safety pro- ‘‘(A) FISCAL YEAR 1994.—If,’’; poor. grams, rather than mandating where (2) by striking ‘‘(2) THEREAFTER.—If’’ and Second, it is said that the VAT is too the money to pay for them should inserting the following: complicated. Well, it’s certainly not come from. ‘‘(B) THEREAFTER.—If,’’; and too complicated for the Japanese, the (3) in paragraph (2) (as amended by para- I realize the motivations behind graphs (1) and (2)), by striking ‘‘subsection Koreans, and every member of the Eu- ISTEA and those who wish to force (a)(1) and a law described in’’ each place it ropean Economic Community. More- States into passing helmet and seatbelt appears; over, we can draw on the lessons of laws are doing so out of concern for the (4) by inserting under the subsection head- these other countries as well as the ex- safety of the traveling public, but I ing the following: periences of the States with sales taxes think their efforts are misguided. ‘‘(1) MOTORCYCLE HELMETS.— in order to minimize such complica- Forcing States to pass laws, or ‘‘(A) FISCAL YEAR 1996.—If, at any time in tions. throwing money at safety programs is fiscal year 1996, a State does not have in ef- Third, some say that a VAT would fect a law described in subsection (a)(1) or a not the answer. Throughout my career motorcycle safety program administered or raise too much money. This is a dream. in politics, I have always strived to authorized by the State to reduce motor- We will need ever dime raised by a 5- protect the interest of States and com- cycle accidents and fatalities, the Secretary percent VAT, plus savings from addi- munities by allowing them to make the shall transfer 11⁄2 percent of the funds appor- tional steep spending cuts, in order to important decisions on how their af- tioned to the State for fiscal year 1997 under eliminate the deficit. Even then, it will fairs should be conducted. When Con- each of subsections (b)(1), (b)(2), and (b)(3) of take years to pay down the debt and to gress blackmailed the States regarding section 104 of this title to the apportionment put government back in the black. highway speed limits, I thought that of the State under section 402 of this title. A VAT will help us not only to elimi- ‘‘(B) THEREAFTER.—If, at any time in a fis- was wrong. The same goes for helmet cal year beginning after September 30, 1996, a nate the deficit but also to pay cash on laws. I have stuck with the philosophy State does not have in effect a law described the barrelhead for health reform. Addi- that each State and each community in subsection (a)(1) or a motorcycle safety tionally, moving to border-rebatable should, to the best of their abilities, be program administered by the State to reduce taxes will contribute to eliminating allowed to make its own policy deci- motorcycle accidents and fatalities, the Sec- our other great deficit—the trade defi- sions. retary shall transfer 3 percent of the funds cit. At present, our overseas competi- I own a motorcycle, that’s no secret. apportioned to the State for the succeeding tors rebate to their manufacturers the Where helmets are required to be worn, fiscal year under each of subsections (b)(1), VAT on all goods exported to the Unit- (b)(2), and (b)(3) of section 104 of this title to I wear them. Where they are not, I the apportionment of the State under sec- ed States; those manufacturers’ other don’t. I make no bones about the fact tion 402 of this title.’’. in-country taxes are relatively low. In that my dislike for the Federal man- stark contrast, producers in the United date requiring States to pass helmet By Mr. HOLLINGS: States pay property taxes, income laws is in part inspired by my interest S. 237. A bill to amend the Internal taxes, excise taxes, Social Security in motorcycling. But, I also think per- Revenue Code of 1986 to impose a value taxes and much more; then, when their sonal freedom is an issue. I am added tax and to use the receipts from goods are shipped overseas, the import- prochoice. I do not think the Federal the tax to reduce the Federal budget ing country slaps a fat VAT tax on top Government should dictate to the deficit and Federal debt and to finance of all those other taxes. This does tre- States, or its citizens, on matters of in- health care reform; to the Committee mendous harm to the competitiveness dividual liberty. The choice of wearing on Finance. of U.S. products abroad. It makes it fi- a helmet, or not doing so, should be THE DEFICIT AND DEBT REDUCTION AND HEALTH nancially attractive to produce outside left up to the individual—not forced by CARE FINANCING ACT OF 1995 the United States, and represents at Government extortion. And those who Mr. HOLLINGS. Mr. President, I rise least a 15-percent disadvantage in contend that it is not simply a per- to introduce the Deficit Reduction and international trade. A U.S. VAT would sonal responsibility because motorcy- Health Care Financing Act of 1995. This eliminate this disadvantage. With good clists who choose not to wear helmets bill would create a 5-percent national reason, Lester Thurow of MIT says can become a ‘‘public burden,’’ are value-added tax, with all revenues set that ‘‘the rules of international trade using faulty logic. It would then follow aside in a trust fund to finance deficit make you stupid if you don’t have a that we should mandate helmets for reduction and health care reform. Let VAT.’’ skiers, horsemen, skateboarders, and me be clear, I offer this bill under du- I have no illusions as to the political automobile drivers. ress. But it is the only way I know—in trauma involved in enacting a new tax. January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1073 There is never a good time to raise a bill would be subject to veto or ap- ‘‘(1) any general or special appropriation tax. But as we continue to wait for a proval, just like any other bill, and the bill; and propitious moment, our financial crisis override provisions found in article I of ‘‘(2) any bill or joint resolution making worsens every day. It’s time to put the Constitution would apply in the supplemental, deficiency, or continuing ap- propriations.’’. government back on track with dif- case of a veto. An item is defined as (b) The amendment made by subsection (a) ficult belt-tightening and and honest any numbered section and any unnum- shall apply to bills and joint resolutions taxes. I propose a single, ultra-simple bered paragraph of an appropriations agreed to by the Congress during the two- reform—a reform that would transform bill. The enrolling clerk would merely calendar-year period beginning with the date the reputation of Congress in the eyes break an appropriations bill down into of the enactment of this Act. of the American people. That reform is its component parts and send each sep- to put the U.S. Government on a pay- arately enrolled provision to the Presi- By Mr. SHELBY (for himself, Mr. as-you-go basis. dent. NICKLES, Mr. BURNS, Mrs. Finally, this legislation also contains HUTCHISON, Mr. LOTT, Mr. By Mr. HOLLINGS: a 2-year sunset provision allowing for a PACKWOOD, Mr. PRESSLER, Mr. S. 238. A bill to create a legislative reasonable testing period and requiring INHOFE, Mr. THOMAS, and Mr. line-item veto by requiring separate an evaluation of the line-item veto’s BROWN): enrollment of items in appropriations success. I have no question but that it S. 239. A bill to require certain Fed- bills; to the Committee on Rules and will be demonstrated to be a modest, eral agencies to protect the right of Administration. but effective, method of restraining fis- private property owners, and for other THE LEGISLATIVE LINE-ITEM VETO SEPARATE cal profligacy. I hope that Senators purposes; to the Committee on Govern- ENROLLMENT AUTHORITY will join me in this effort, and I ask mental Affairs. Mr. HOLLINGS. Mr. President, I rise unanimous consent the full text of the PRIVATE PROPERTY OWNERS BILL OF RIGHTS today to introduce legislation which bill be printed in the RECORD. would provide Congress and the Presi- Mr. SHELBY. Mr. President, today I There being no objection, the bill was dent with an additional weapon to am introducing a bill to address the ordered to be printed in the RECORD, as eliminate wasteful and unnecessary ap- continued deterioration of individual follows: propriations and thereby reduce the property rights. Environmental regula- Federal deficit. This bill, a statutory, S. 238 tions are increasingly interfering with separate enrollment line-item veto, is Be it enacted by the Senate and House of Rep- the ability of private property owners identical to a measure previously con- resentatives of the United States of America in to use and develop their land. Contrary sidered by the 99th and reported favor- Congress assembled, That (a) the Impound- to popular belief, protecting the prop- ably by a bipartisan vote out of the ment Control Act of 1974 is amended by add- erty rights of individuals and protect- Senate Budget Committee on July 25, ing at the end thereof the following new ing our environment are not mutually 1990. During the 103d Congress, a simi- title: exclusive principles. lar amendment offered by myself and ‘‘TITLE XI—SEPARATE ENROLLMENT All too often, I hear stories that Senator BRADLEY received the support AUTHORITY LEGISLATIVE LINE ITEM landowners are being deprived of the of 52 Senators. VETO ability to build a house because the Today, 43 States have, in one form or ‘‘SEC. 1101. (a)(1) Notwithstanding any Corps of Engineers has designated their another, a line-item veto allowing the other provision of law, when any general or property as a wetland; or the U.S. Fish chief executive to limit legislative special appropriation bill or any bill or joint and Wildlife Service has prohibited cul- spending. As a former Governor who in- resolution making supplemental, deficiency, tivation of land for fear it might jeop- or continuing appropriations passes both herited a budget deficit in a poor State, ardize an endangered species. A land- Houses of the Congress in the same form, the owner may even be required to pay ex- I can testify that a line-item veto is in- Secretary of the Senate (in the case of a bill valuable in imposing fiscal restraints. or joint resolution originating in the Senate) orbitant mitigation fees or fines in The fiscal problems of our Nation or the Clerk of the House of Representatives order to regain the use of their prop- have been painfully documented. Our (in the case of a bill or joint resolution origi- erty. That is, of course, if they are Government continues on annual defi- nating in the House of Representatives) shall lucky enough to regain the right to use cit binges that have pushed our total cause the enrolling clerk of such House to their property. deficit past $4.7 trillion. For years now, enroll each item of such bill or joint resolu- Not only does the enforcement of we have been toying with freezes, asset tion as a separate bill or joint resolution, as such land use statutes abuse the rights the case may be. of the property rights owners, but they sales, and sham summits, but the defi- ‘‘(2) A bill or joint resolution that is re- cit and debt continue to grow. quired to be enrolled pursuant to paragraph impose the cost of enforcing these pub- The American taxpayer, as well as (1)— lic goods on individual owners rather the Congress, have grown weary of the ‘‘(A) shall be enrolled without substantive than the public at large. If the land is smoke and mirrors and are past ready revision; regulated in the name of a public good, for new measures that will help to put ‘‘(B) shall conform in style and form to the surely we can distribute the cost our country back in the black. If every applicable provisions of chapter 2 of title 1, among the public as well. there was a problem that needed to be United States Code (as such provisions are in The mounting cases regarding regu- attacked from every particular angle, effect on the date of the enactment of this latory takings necessitate Congres- title); and it is this deficit. ‘‘(C) shall bear the designation of the sional action. The Domenigoni family Mr. President, I welcome President measure of which it was an item prior to experience is a good example. Cindy Clinton’s strong support for the line- such enrollment, together with such other and Andy Domenigoni are fifth genera- item veto initiative and his continuing designation as may be necessary to distin- tion farmers in Riverside County, CA. resolve to attack the burgeoning defi- guish such bill or joint resolution from other First cultivated in 1879, their farm has cit monster. In order to hold him to bills or joint resolutions enrolled pursuant traditionally been home to the Ste- that commitment, we should send him to paragraph (1) with respect to the same phen’s kangaroo rat, which was listed into battle well armed. By restoring measure. as an endangered species in 1988. ‘‘(b) A bill or joint resolution enrolled pur- accountability and responsibility suant to subsection (a)(1) with respect to an In 1990, Fish and Wildlife Service offi- throughout the appropriations process, item shall be deemed to be a bill under cials ordered them to stop cultivating the line-item veto would force Mem- clauses 2 and 3 of section 7 of article I of the their 800 tillable acres and warned bers of Congress and the President to Constitution of the United States and shall them that disking this land would war- stop fixing the blame and start fixing be signed by the presiding officers of both rant their arrest. Punishment for the problem. Houses of the Congress and presented to the disking land that had been cultivated In order to provide greater flexibility President for approval or disapproval (and for the previous 100 years would now in the legislative process, this legisla- otherwise treated for all purposes) in the result in jail time, a $50,000 fine, or manner provided for bills and joint resolu- tion provides that each item shall be tions generally. both. enrolled as a separate bill and sent to ‘‘(c) For purposes of this concurrent resolu- As a result, the Domenigonis’ land the President for his approval. There- tion, the term ‘item’ means any numbered lain idle, producing no crops for 4 fore, each item of an appropriations section and any unnumbered paragraph of— years. They lost $75,000 in foregone S 1074 CONGRESSIONAL RECORD — SENATE January 18, 1995 crops each year and incurred another well as many others. Every house that says in part, ‘‘nor shall private prop- $100,000 loss in biological consultation is not built and every farm that is not erty be taken for public use, without fees, legal fees, and other costs associ- cultivated costs us jobs. Not only do just compensation.’’ ated with fighting this regulatory tak- the present policies crush an individ- Unfortunately, Mr. President, some ing. ual’s hopes and dreams, but it hinders Federal environmental, safety, and Ironically, on November 1, 1993, those still trying to achieve them. health laws are encouraging Govern- shortly after devastating southern As a result of the inequities in the ment violation of private property California fires destroyed thousands of current policies, Senator NICKLES and I rights, and it is a problem which is in- acres of kangaroo rat habitat, FWS bi- are reintroducing legislation entitled creasing in severity and frequency. we ologist John Bradley determined that the, ‘‘Private Property Owners Bill of would all like to believe the Constitu- the rats had left the area before the Rights.’’ This bill would insure that tion will protect our property rights if fire, because the years of leaving the private property owners are protected they are threatened, but today that is fields fallow had made the brush and by the Federal Government, its em- simply not true. The only way for a weeds grow too thick for the rats. ployees, agents, and representatives. person to protect their private prop- I must say this kind of policy is reck- Our bill requires notice and consent erty rights is in the courts, and far too less and haphazard. When elected to from property owners before Federal few people have the time or money to the Senate, we had to take an oath to agencies and their agents can enter a take such action. Thus many citizens uphold the Constitution of the United private property owners land for pur- lose their fifth amendment rights sim- States. I do not believe confiscating poses of the Endangered Species Act or ply because no procedures have been the economic value of ones property wetlands laws. established to prevent Government would be considered upholding the Con- In addition, this legislation ensures takings. stitution. Indeed, I believe most would that property owners rights are consid- Mr. President, many people in the agree that such action is nothing less ered and respected when agency deci- Federal bureaucracy believe that pub- than the taking of property without sions or actions are taken pursuant to lic protection of health, safety, and the compensation. these two laws by providing an admin- environment is not compatible with In another case, Mr. and Mrs. Howard istrative appeals process. The process protection of private property rights. I Heck were denied building on their 25 calls for the owner to be given access disagree. In fact, the terrible environ- acres of land because a federally to the information collected, a descrip- mental conditions exposed in Eastern threatened plant species was ‘‘within 5 tion of the way the information was Europe when the cold war ended lead miles of the proposed project site.’’ Mr. collected, and an opportunity to dis- me to believe that property ownership Heck has said, ‘‘We were proud to be cuss the accuracy of the information. enhances environmental protection. As Americans in a land where * * * our Lastly, and most importantly, it re- the residents of East Berlin and Prague children were to have the opportunity quires the agency itself to determine know all too well, private owners are to achieve any goal we wanted. Now we whether a taking has occurred and if so more effective caretakers of the envi- are ashamed of our country and Gov- to compensate the private property ronment than communist govern- ernment that allows the bureaucrats to owner for the loss in fair market value ments. steal from its citizens * * *. ’’ of the property. A property owner who Yet the question remains, how do we I, too, am ashamed the Government is deprived of at least 20 percent or prevent overzealous bureaucrats from in this Nation can effectively steal the more of the fair market value of $10,000 using their authority in ways which economic value of one’s land and rob or more is entitled to receive com- threaten property rights? this elderly couple of their dignity and pensation. The agency would be re- Mr. President, today I rise to join my peace during their remaining years on quired to pay the fair market value of colleague Senator RICHARD SHELBY of this Earth. the property if purchased or the dif- Alabama in introducing legislation In still another instance, a Corps ference between the fair market value which will strengthen every citizen’s field agent to the regional chief of en- of the property without the restric- fifth amendment rights. Our bill, the forcement signed a memo stating a tions and the fair market value of the Private Property Owners Bill of particular family in Maine, ‘‘would be property with restrictions. Rights, targets two of the worst prop- a good one to squash and set an exam- I believe our legislation addresses the erty rights offenders, the Endangered ple * * *. ’’ serious problem of property rights Species Act and the wetlands permit- The Government of the United States abuse. It will enhance the foundation ting program established by Section of America has no business ‘‘squash- necessary for contracts and commerce 404 of the Clean Water Act. ing’’ hard working Americans or plun- and in doing so, will foster an environ- Mr. President, our bill requires Fed- dering away their wealth. The very ment essential to achieving the Amer- eral agents who enter private property reason the Constitution was estab- ican Dream. to gather information under either the lished was to protect individuals, not I strongly urge my colleagues to co- Endangered Species Act or the wet- to harm them. The atrocities pre- sponsor this legislation and support lands permitting program to first ob- viously mentioned need to be addressed this cause on behalf of every property tain the written consent of the land- with a clearly defined policy for Fed- owner in America. owner. While it is difficult to believe eral agencies in order to stop the abuse I ask unanimous consent that the fol- that such a basic right should need to of Government bureaucrats. lowing Senators be listed as original be spelled out in law, overzealous bu- The two laws most responsible for cosponsors of this legislation: Senator reaucrats and environmental radicals imposing the heavy burden on property NICKLES, Senator BURNS, Senator too often mistake private resources as ownership are the Endangered Species HUTCHISON, Senator LOTT, Senator their own. Property owners are also Act and section 404 of the Clean Water PACKWOOD, Senator PRESSLER, Senator guaranteed the right of access to that Act. INHOFE, Senator THOMAS, and Senator information, the right to dispute its Although the intention of these acts BROWN. accuracy, and the right of an adminis- is commendable, they have created per- Mr. NICKLES. Mr. President, of all trative appeal from decisions made verse incentives for private property the freedoms we enjoy in this country, under those laws. ownership. Individuals are reluctant to the ability to own, care for, and de- Most importantly, the Private Prop- develop or build on land for fear the velop private property is perhaps the erty Owners Bill of Rights guarantees Fish and Wildlife Service, the Corps of most crucial to our free enterprise compensation for a landowner whose Engineers or the EPA will soon visit. A economy. In fact, our economy would property is devalued by 50 percent or visit from the IRS is more welcome cease to function without the incen- more by a Federal action under the En- than a visit from these Federal agen- tives provided by private property. So dangered Species Act or wetlands per- cies. sacred and important are these rights, mitting program. An administrative The negative impact of these per- that our forefathers chose to specifi- process is established to give property verse incentives directly affect the cally protect them in the fifth amend- owners a simple and inexpensive way housing and agricultural industries as ment to the U.S. Constitution, which to seek resolution of their takings January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1075 claims. If we are to truly live up to the full access to the information and has Frivolous litigation is time consum- requirements of our Constitution, Mr. the right to dispute the accuracy of the ing and distracts CEO’s and other cor- President, we must make this commit- information. The bill also establishes porate officers from economically pro- ment. I believe this provision will work the right to administratively appeal ductive activity. both to protect landowners from un- decisions regarding wetlands and criti- Defending a securities lawsuit often compensated takings and to discourage cal habitat of a listed species. is as costly as starting up a new prod- Government actions which would cause Montanans believe that protecting uct line. such takings. private property is of utmost impor- The general counsel for the Intel Mr. President, the time has come for tance. And this bill reinforces the Gov- Corp. testified that if Intel had been farmers, ranchers, and other land- ernment’s responsibility to protect sued when it was a start-up company, property rights and will help get the owners to take a stand against viola- that such a suit probably would have Federal Government off the backs of tions of their private property rights bankrupted the company before it in- Montana’s working men and women. by the Federal bureaucracy. The Pri- vented the microchip. We cannot afford vate Property Owners Bill of Rights I believe strongly in every Ameri- to allow the current system to snuff will help landowners take that stand. can’s private property rights and this out this sort of innovation. Mr. BURNS. Mr. President, today I bill should be signed into law. Frivolous litigation also adversely join my colleague from Alabama, Sen- By Mr. DOMENICI (for himself, affects investors by drawing scarce re- ator SHELBY in introducing a bill which would protect individual’s private Mr. DODD, Mr. HATCH, Ms. MI- sources away from productive activity, KULSKI, Mr. BENNETT, Ms. property rights. which is then reflected in a company’s MOSELEY-BRAUN, Mr. LOTT, This bill, the Private Property Own- stock price. Arthur Levitt, Chairman Mrs. MURRAY, Mr. MACK, Mr. ers Bill of Rights, would provide a con- of the Securities and Exchange Com- JOHNSTON, Mr. FAIRCLOTH, Mr. sistent Federal policy to encourage, mission, stated in testimony before the CONRAD, Mr. BURNS, Mr. support, and promote the private own- House in August 1994, that ‘‘when issu- CHAFEE, Mr. GORTON, Mr. ership of property and to ensure the ers and others pay substantial sums to HELMS, Mr. KYL, Mr. CRAIG constitutional and legal rights of pri- deal with frivolous lawsuits, signifi- THOMAS, Mrs. HUTCHISON, Mr. vate property owners. cant costs are imposed on the process SANTORUM, and Mr. PELL): Private property rights are protected of capital-raising and on business, S. 240. A bill to amend the Securities costs that ultimately will be borne by by the fifth amendment of the Con- Exchange Act of 1934 to establish a fil- all shareholders’’. stitution. Yet, many laws have been ing deadline and to provide certain encroaching further and further on this safeguards to ensure that the interests Instead we must put a stop to the right. The bill we are introducing of investors are well protected under race-to-the-courthouse game played by today is very important to Montana the implied private action provisions of plaintiffs’ class action attorneys, in because it makes the Federal Govern- the Act; to the Committee on Banking, which they file lawsuits within hours ment respect and protect private prop- Housing, and Urban Affairs. of news that a company came up short erty rights when enforcing the Endan- THE PRIVATE SECURITIES LITIGATION REFORM on an earnings projection or will be gered Species Act and the Clean Water ACT OF 1995 forced to delay the introduction of a Act. Montana’s private property own- ∑ Mr. DOMENICI. Mr. President, I in- new product line. Information provided ers have been greatly impacted by troduce a bill on behalf of Senator to the Senate Securities Subcommittee these two laws. DODD, myself and 15 other Senators on by the National Association of Securi- In Montana a couple years ago, I saw both sides of the aisle which will re- ties and Commercial Law Attorneys a headline which read ‘‘Judge Says turn some fairness and common sense [NASCAT] suggests that 56 percent of Grizzlies Have ‘People Rights’.’’ This to our broken securities class action the class actions that they hand-picked article ran in an agriculture trade pub- litigation system. The system as it to provide to the subcommittee were lication. The story was about John currently operates encourages the filed within 30 days of a triggering Shuler of Choteau who shot a grizzly quick filing of frivolous complaints by event, like a missed earnings projec- bear in 1989 after he found three of entrepreneurial class action attorneys, tion. Twenty-one percent of the cases these bears in his sheep pen. He origi- and costs businesses countless amounts were filed within 48 hours of the trig- nally fired the shot to scare the bears of time and money to defend against gering. The stock price drops and class away, but when one bear charged him, and settle these strike suits. In cases of action suits are filed quickly with lit- he was forced to shoot that bear. For real fraud, the system often leaves in- tle due diligence done to investigate those who may not be aware, the griz- jured investors with pennies on the dol- each of the elements necessary for a zly is protected under the Endangered lar for their losses, while plaintiffs’ successful 10b–5 case. Species Act. lawyers take a substantial amount of Many academics and those familiar The judge ruled that the Endangered the settlement. In short, the current with our securities class action system Species Act’s self-defense exception securities litigation system rarely ben- also agree that the securities litigation must meet the same requirements used efits anyone except for plaintiffs’ at- in criminal law for humans. The judge system encourages the filing of frivo- torneys, and victimizes innocent com- lous suits. Jonathan Macey, a law pro- then ruled that since this rancher had panies and investors. fessor at Cornell University believes stepped off his porch, to protect his in- The list of companies that have been that most securities class actions are vestment, he ‘‘Purposefully placed hit with frivolous securities suits reads frivolous. ‘‘The facts show that every himself in the zone of imminent danger like the who’s who of high growth, of a bear attack’’. According to this high-technology businesses. In fact, 19 time a firm’s share price drops by judge, the rancher didn’t have the right of the 30 largest companies in Silicon enough that it’s profitable for plain- to protect his property. Folks, that’s Valley have been sued since 1988. They tiffs’ lawyers to bring a lawsuit, they wrong. are the backbone of our economy and do’’, he said recently. Janet Cooper Al- The Private Property Owners Bill of the foundation of our ability to com- exander at Stanford University has Rights would create an administrative pete in the new global marketplace. proven that most class actions are set- appeals process for affected property During 2 days of hearings on securities tled without regard to whether the owners. And the bill establishes a litigation conducted by Senator Dodd case has merit. Chairman Levitt has framework so private property holders back in 1993, we heard from CEO’s who acknowledged that ‘‘virtually all secu- can seek and obtain compensation. had been involved in frivolous securi- rities class actions are settled for some In addition, before a Government of- ties class actions first hand. Their tes- fraction of the claimed damages, and ficial can enter private land, they must timony indicated that: some allege that settlements often fail have consent from the land owner. If Companies get sued when their stock to reflect the underlying merits of the information is collected on private price drops. cases. If true, this means that weak property, this information cannot be Companies also get sued by share- claims are overcompensated and strong used unless the private individual has holders for settling securities suits. claims are undercompensated.’’ S 1076 CONGRESSIONAL RECORD — SENATE January 18, 1995 In case you don’t believe that class on average about 6 cents on the dollar, all investors. This means focusing not action attorneys are filing frivolous while plaintiffs’ lawyers take on aver- just on the interests of those who hap- suits, take a look at the article the age between 30 and 33 percent of the pen to be aggrieved in a particular Wall Street Journal ran last week on settlement fund. One plaintiffs’ class case, but also on the interests of issu- January 11th. It provides an excellent action lawyer boasted in Forbes maga- ers and the markets as a whole’’. example of the cookie-cutter com- zine that securities class action cases I would like to commend Senator plaints which often form the basis of are a great practice because there are DODD for tackling the difficult issue. these million dollar lawsuits. It docu- no clients. Yet these clientless lawyers Under his leadership in the last Con- ments a case against Philip Morris claim to be acting in the best interests gress, we developed a substantial hear- filed within 48 hours of the company’s of the class. ing record in the Securities Sub- announcement of a price cut on one of Once a settlement is reached, the en- committee and collected as many facts its brands of cigarettes. The case was trepreneurial lawyer with no clients and opinions as we could. This bill is dismissed after the judge noticed that becomes an adversary of the plaintiffs’ the product of a great deal of work and the plaintiffs’ attorneys had filed two class. The lawyers’ interest shifts to deliberation, and I want to express my separate suits which alleged that Phil- protecting the settlement. ‘‘At its gratitude for the way he and his staff ip Morris had engaged in fraud to cre- worst, the settlement process may went about developing this legislation. ate and prolong the illusion of their amount to a covert exchange of a cheap I ask unanimous consent that a copy success in the toy industry. As you settlement for a high award of attor- of the Wall Street Journal article I might well know, Philip Morris doesn’t ney’s fees’’, according to John Coffee of mentioned earlier be printed in the make toys. Columbia University. Professor Coffee RECORD. I also ask unanimous consent But this is how the current system also has noted that plaintiffs’ attor- that a section-by-section description of works. Plaintiffs’ lawyers race to the neys in many securities class actions the bill and the bill text itself be print- courthouse, file frivolous suits without appear to ‘‘sell out their clients in re- ed in the RECORD. any research into their validity, and turn for an overly generous fee award’’. There being no objection, the mate- companies normally may pay some- Under our bill, plaintiffs’ lawyers rial was ordered to be printed in the thing to make them go away. Because will no longer be able to sell out their RECORD, as follows: usually, plaintiffs’ lawyers don’t make clients for huge fee awards. Our bill al- S. 240 the glaring mistake they made in the lows judges to appoint a plaintiff steer- Be it enacted by the Senate and House of Rep- Philip Morris case and forget to delete ing committee or guardian ad litem at resentatives of the United States of America in the word toy from their complaint. the request of the class to ensure that Congress assembled, Judges rarely dismiss these cases with- the attorneys act in the best interests SECTION 1. SHORT TITLE; TABLE OF CONTENTS. out such a blunder. Companies con- of their clients. Clients, not lawyers, (a) SHORT TITLE.—This Act may be cited as tinue to get sued and are forced to set- will be in charge of the litigation, and the ‘‘Private Securities Litigation Reform tle frivolous cases. Our bill will elimi- will be able to make the important de- Act of 1995’’. nate these poorly researched, kitchen cisions like when to settle, when to dis- (b) TABLE OF CONTENTS.—The table of con- sink complaints. miss their attorneys or when to pro- tents for this Act is as follows: Plaintiffs’ lawyers often sue not only ceed to trial. Sec. 1. Short title; table of contents. the issuer company, but their officers Our bill also eliminates pet plaintiff TITLE I—PRIVATE SECURITIES and directors, accountants, lawyers, fees, bonus awards plaintiffs’ attorneys LITIGATION and underwriters. These cases are pay to individuals to act as class rep- Sec. 101. Elimination of certain abusive brought under joint and severable li- resentatives, regardless of the number practices. ability, which means that any one de- of shares they own or the amount of Sec. 102. Alternative dispute resolution pro- cedure; time limitation on pri- fendant could be made to pay the en- their actual losses. These fees reduce vate rights of action. tire judgment even if he or she was the amount of recovery available to Sec. 103. Plaintiff steering committees. only marginally responsible. This in- the class as a whole and serve no pur- Sec. 104. Requirements for securities fraud creases the pressure to settle even the pose but to give attorneys an available actions. most frivolous cases. stable of plaintiffs willing to sue at a Sec. 105. Amendment to Racketeer Influ- Our bill adopts the State law trend of moment’s notice in exchange for a big enced and Corrupt Organiza- imposing proportionate liability, li- payoff. This practice undermines the tions Act. ability according to relative fault. Our fairness of the system and should be TITLE II—FINANCIAL DISCLOSURE bill retains joint severable liability for eliminated. Sec. 201. Safe harbor for forward-looking the really bad actors, but provides pro- Out current securities class action statements. portionate liability for those parties system obviously is broken and needs Sec. 202. Fraud detection and disclosure. Sec. 203. Proportionate liability and joint only incidentally involved. However, the types of reforms Senator DODD and and several liability. our bill contains a provision which I have proposed in this bill. Too many Sec. 204. Public Auditing Self-Disciplinary deals with the problem of insolvent de- cases are pursued for the purpose of ex- Board. fendants and small investors. We be- tracting settlements from corporations TITLE I—PRIVATE SECURITIES lieve that this provision strikes the and other parties without regard to LITIGATION correct balance and returns fairness to their merits. The business community SEC. 101. ELIMINATION OF CERTAIN ABUSIVE the system. is powerless to deal with these suits, PRACTICES. Our bill also allows for alternative and companies settle rather than bet (a) RECEIPT FOR REFERRAL FEES.—Section dispute resolution as an alternative to the company. These settlements yield 15(c) of the Securities Exchange Act of 1934 costly and time consuming litigation. large fees for plaintiffs’ lawyers but (15 U.S.C. 78o(c)) is amended by adding at the One reason these cases settle regard- compensate investors only for a frac- end the following new paragraph: less of the merits is that it costs so tion of their actual losses. ‘‘(7) RECEIPT OF REFERRAL FEES.—No much to get through what lawyers call We reject the notion that stock price broker or dealer, or person associated with a broker or dealer, may solicit or accept remu- discovery, the process of exchanging volatility is fraud. Plaintiffs’ lawyers neration for assisting an attorney in obtain- information before a trial. By allowing must be made to stop, think, inves- ing the representation of any customer in for ADR, we hope to reduce those costs. tigate, and research before they file any implied private action arising under this Our bill also requires specificity in these potentially devastating suits. title.’’. pleading securities fraud, a require- Truly defrauded investors must have (b) PROHIBITION ON ATTORNEYS’ FEES PAID ment imposed on every other fraud ac- greater control over their litigation FROM COMMISSION DISGORGEMENT FUNDS.— tion under rule 9(b) of the Federal and receive a greater share of the set- Section 21(d) of the Securities Exchange Act rules. This provision will reduce the tlement fund. of 1934 (15 U.S.C. 78u(d)) is amended by add- ing at the end the following new paragraph: number of fishing expedition lawsuits, The spirit motivating this bill is the ‘‘(4) PROHIBITION ON ATTORNEYS’ FEES PAID like the one in the Philip Morris case. obligation that Chairman LEVITT has FROM COMMISSION DISGORGEMENT FUNDS.—Ex- Even in cases of real fraud, the cur- identified: ‘‘to make sure that current cept as otherwise ordered by the court, funds rent system allows investors to recover system operates in the best interest of disgorged as the result of an action brought January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1077 by the Commission in Federal court, or of the claims alleged under this title and a than 30 days after a guardian ad litem or any Commission administrative action, shall brief explanation of the reasons for that con- plaintiff steering committee is appointed by not be distributed as payment for attorneys’ clusion. the court in accordance with section 38. fees or expenses incurred by private parties ‘‘(B) DISAGREEMENT ON AMOUNT OF DAMAGES ‘‘(3) RESPONSE.—The recipient of an offer seeking distribution of the disgorged funds.’’. OR LIKELIHOOD OF PREVAILING.—If the parties under paragraph (1) or (2) shall file a written (c) ADDITIONAL PROVISIONS APPLICABLE TO do not agree on the amount of damages per notice of acceptance or rejection of the offer CLASS ACTIONS.—Section 21 of the Securities share that would be recoverable if the plain- with the court not later than 10 days after Exchange Act of 1934 (15 U.S.C. 78u) is tiff prevailed on each claim alleged under receipt of the offer. The court may, upon mo- amended by adding at the end the following this title or on the likelihood that the plain- tion by any party made prior to the expira- new subsections: tiff would prevail on those claims, or both, a tion of such period, extend the period for not ‘‘(i) RECOVERY BY NAMED PLAINTIFFS IN statement from each settling party concern- more than 90 additional days, during which CLASS ACTIONS.—In an implied private action ing the issue or issues on which the parties time discovery may be permitted by the arising under this title that is certified as a disagree. court. class action pursuant to the Federal Rules of ‘‘(C) INADMISSIBILITY FOR CERTAIN PUR- ‘‘(4) SELECTION OF TYPE OF ALTERNATIVE Civil Procedure, the share of any final judg- POSES.—Statements made in accordance with DISPUTE RESOLUTION.—For purposes of para- ment or of any settlement that is awarded to subparagraphs (A) and (B) shall not be ad- graphs (1) and (2), if the rules of the court es- class plaintiffs serving as the representative missible for purposes of any Federal or State parties shall be calculated in the same man- tablish or recognize more than 1 type of al- judicial or administrative proceeding. ternative dispute resolution, the parties may ner as the shares of the final judgment or ‘‘(2) STATEMENT OF ATTORNEYS’ FEES OR stipulate as to the type of alternative dis- settlement awarded to all other members of COSTS SOUGHT.—If any of the settling parties pute resolution to be applied. If the parties the class. Nothing in this subsection shall be or their counsel intend to apply to the court are unable to so stipulate, the court shall construed to limit the award to any rep- for an award of attorneys’ fees or costs from issue an order not later than 20 days after resentative parties of reasonable compensa- any fund established as part of the settle- the date on which the parties agree to the tion, costs, and expenses (including lost ment, a statement indicating which parties wages) relating to the representation of the or counsel intend to make such an applica- use of alternative dispute resolution, speci- class. tion, the amount of fees and costs that will fying the type of alternative dispute resolu- ‘‘(j) CONFLICTS OF INTEREST.—In an implied be sought, and a brief explanation of the tion to be applied. private action arising under this title that is basis for the application. ‘‘(5) SANCTIONS FOR DILATORY OR OBSTRUC- certified as a class action pursuant to the ‘‘(3) IDENTIFICATION OF REPRESENTATIVES.— TIVE CONDUCT.—If the court finds that a Federal Rules of Civil Procedure, if a party The name, telephone number, and address of party has engaged in dilatory or obstructive is represented by an attorney who directly one or more representatives of counsel for conduct in taking or opposing any discovery owns or otherwise has a beneficial interest in the plaintiff class who will be reasonably allowed during the response period described the securities that are the subject of the liti- available to answer questions from class in paragraph (3), the court may— gation, the court shall make a determination members concerning any matter contained ‘‘(A) extend the period to permit further of whether such interest constitutes a con- in any notice of settlement published or oth- discovery from that party for a suitable pe- flict of interest sufficient to disqualify the erwise disseminated to class members. riod; and attorney from representing the party. ‘‘(4) OTHER INFORMATION.—Such other in- ‘‘(B) deny that party the opportunity to ‘‘(k) RESTRICTIONS ON SETTLEMENTS UNDER formation as may be required by the court, conduct further discovery prior to the expi- SEAL.—In an implied private action arising or by any guardian ad litem or plaintiff ration of the period. under this title that is certified as a class ac- steering committee appointed by the court ‘‘(b) PENALTY FOR UNREASONABLE LITIGA- tion pursuant to the Federal Rules of Civil pursuant to section 38. TION POSITION.— Procedure, the terms and provisions of any ‘‘(n) SPECIAL VERDICTS.—In an implied pri- ‘‘(1) AWARD OF COSTS.—In an implied pri- settlement agreement between any of the vate action arising under this title in which vate action arising under this title, upon mo- parties shall not be filed under seal, except the plaintiff may recover money damages tion of the prevailing party made prior to that on motion of any of the parties to the final judgment, the court shall award costs, settlement, the court may order filing under only on proof that a defendant acted with a including reasonable attorneys’ fees, against seal for those portions of a settlement agree- particular state of mind, the court shall, ment as to which good cause is shown for when requested by a defendant, submit to a party or parties or their attorneys, if— such filing under seal. Good cause shall only the jury a written interrogatory on the issue ‘‘(A) the party unreasonably refuses to pro- exist if publication of a term or provision of of each such defendant’s state of mind at the ceed pursuant to an alternative dispute reso- a settlement agreement would cause direct time the alleged violation occurred. lution procedure, or refuses to accept the re- and substantial harm to any person. ‘‘(o) NAMED PLAINTIFF THRESHOLD.—In an sult of an alternative dispute resolution pro- ‘‘(l) RESTRICTIONS ON PAYMENT OF ATTOR- implied private action arising under this cedure; NEYS’ FEES FROM SETTLEMENT FUNDS.—In an title, in order for a plaintiff or plaintiffs to ‘‘(B) final judgment is entered against the implied private action arising under this obtain certification as representatives of a party; and title that is certified as a class action pursu- class of investors pursuant to the Federal ‘‘(C) the party asserted a claim or defense ant to the Federal Rules of Civil Procedure, Rules of Civil Procedure, the plaintiff or in the action which was not substantially attorneys’ fees awarded by the court to plaintiffs must show that they owned, in the justified. counsel for the class shall be determined as aggregate, during the time period in which ‘‘(2) DETERMINATION OF JUSTIFICATION.—For a percentage of the amount of damages and violations of this title are alleged to have oc- purposes of paragraph (1)(C), whether a posi- prejudgment interest actually paid to the curred, not less than the lesser of— tion is ‘substantially justified’ shall be de- class as a result of the attorneys’ efforts. In ‘‘(1) 1 percent of the securities which are termined in the same manner as under sec- no event shall the amount awarded to coun- the subject of the litigation; or tion 2412(d)(1)(B) of title 28, United States sel for the class exceed a reasonable percent- ‘‘(2) $10,000 (in market value) of such secu- Code. age of the amount recovered by the class rities.’’. ‘‘(3) LIMITED USE.—Fees and costs awarded plus reasonable expenses. SEC. 102. ALTERNATIVE DISPUTE RESOLUTION under this paragraph shall not be applied to ‘‘(m) DISCLOSURE OF SETTLEMENT TERMS TO PROCEDURE; TIME LIMITATION ON any named plaintiff in any action certified CLASS MEMBERS.—In an implied private ac- PRIVATE RIGHTS OF ACTION. as a class action under the Federal Rules of tion arising under this title that is certified (a) RECOVERY OF COSTS AND ATTORNEYS’ Civil Procedure if such plaintiff has never as a class action pursuant to the Federal FEES.—The Securities Exchange Act of 1934 owned more than $1,000,000 of the securities Rules of Civil Procedure, a proposed settle- (15 U.S.C. 78a et seq.) is amended by adding which are the subject of the litigation.’’. ment agreement that is published or other- at the end the following new section: (b) LIMITATIONS PERIOD FOR IMPLIED PRI- wise disseminated to the class shall include ‘‘SEC. 36. ALTERNATIVE DISPUTE RESOLUTION VATE RIGHTS OF ACTION.—The Securities Ex- the following statements, which shall not be PROCEDURE. change Act of 1934 (15 U.S.C. 78a et seq.) is admissible for purposes of any Federal or ‘‘(a) IN GENERAL.— amended by adding at the end the following State judicial or administrative proceeding: ‘‘(1) OFFER TO PROCEED.—Except as pro- new section: ‘‘(1) STATEMENT OF POTENTIAL OUTCOME OF vided in paragraph (2), in an implied private CASE.— action arising under this title, any party ‘‘SEC. 37. LIMITATIONS PERIOD FOR IMPLIED ‘‘(A) AGREEMENT ON AMOUNT OF DAMAGES may, before the expiration of the period per- PRIVATE RIGHTS OF ACTION. AND LIKELIHOOD OF PREVAILING.—If the set- mitted for answering the complaint, deliver ‘‘(a) IN GENERAL.—Except as otherwise pro- tling parties agree on the amount of dam- to all other parties an offer to proceed pursu- vided in this title, an implied private right of ages per share that would be recoverable if ant to any voluntary, nonbinding alternative action arising under this title shall be the plaintiff prevailed on each claim alleged dispute resolution procedure established or brought not later than the earlier of— under this title and the likelihood that the recognized under the rules of the court in ‘‘(1) 5 years after the date on which the al- plaintiff would prevail— which the action is maintained. leged violation occurred; or ‘‘(i) a statement concerning the amount of ‘‘(2) PLAINTIFF CLASS ACTIONS.—In an im- ‘‘(2) 2 years after the date on which the al- such potential damages; and plied private action under this title which is leged violation was discovered or should ‘‘(ii) a statement concerning the prob- brought as a plaintiff class action, an offer have been discovered through the exercise of ability that the plaintiff would prevail on under paragraph (1) shall be made not later reasonable diligence. S 1078 CONGRESSIONAL RECORD — SENATE January 18, 1995

‘‘(b) EFFECTIVE DATE.—The limitations pe- ‘‘(d) FUNCTIONS OF GUARDIAN AD LITEM AND have bought or sold the security based on a riod provided by this section shall apply to PLAINTIFF STEERING COMMITTEE.— reasonable belief that the market value of all proceedings pending on or commenced ‘‘(1) DIRECT COUNSEL.—The authority of the the security reflected all publicly available after the date of enactment of this section.’’. guardian ad litem or the plaintiff steering information, the plaintiff’s damages shall SEC. 103. PLAINTIFF STEERING COMMITTEES. committee to direct counsel for the class not exceed the lesser of— The Securities Exchange Act of 1934 (15 shall include all powers normally permitted ‘‘(1) the difference between the price paid U.S.C. 78a et seq.) is amended by adding at to an attorney’s client in litigation, includ- by the plaintiff for the security and the mar- the end the following new section: ing the authority to retain or dismiss coun- ket value of the security immediately after ‘‘SEC. 38. GUARDIAN AD LITEM AND CLASS AC- sel and to reject offers of settlement, and the dissemination to the market of information TION STEERING COMMITTEES. preliminary authority to accept an offer of which corrects the misstatement or omis- ‘‘(a) GUARDIAN AD LITEM.—Except as pro- settlement, subject to the restrictions speci- sion; and vided in subsection (b), not later than 10 fied in paragraph (2). Dismissal of counsel ‘‘(2) the difference between the price paid days after certifying a plaintiff class in an other than for cause shall not limit the abil- by the plaintiff for the security and the price implied private action brought under this ity of counsel to enforce any contractual fee at which the plaintiff sold the security after title, the court shall appoint a guardian ad agreement or to apply to the court for a fee dissemination of information correcting the litem for the plaintiff class from a list or award from any common fund established for misstatement or omission.’’. lists provided by the parties or their counsel. the class. SEC. 105. AMENDMENT TO RACKETEER INFLU- The guardian ad litem shall direct counsel ‘‘(2) SETTLEMENT OFFERS.—If a guardian ad ENCED AND CORRUPT ORGANIZA- for the class and perform such other func- litem or a plaintiff steering committee gives TIONS ACT. tions as the court may specify. The court preliminary approval to an offer of settle- Section 1964(c) of title 18, United States shall apportion the reasonable fees and ex- ment, the guardian ad litem or the plaintiff Code, is amended by inserting ‘‘, except that penses of the guardian ad litem among the steering committee may seek approval of the no person may bring an action under this parties. Court appointment of a guardian ad offer by a majority of class members if the provision if the racketeering activity, as de- litem shall not be subject to interlocutory committee determines that the benefit of fined in section 1961(1)(D), involves fraud in review. seeking such approval outweighs the cost of the sale of securities’’ before the period. ‘‘(b) CLASS ACTION STEERING COMMITTEE.— soliciting the approval of class members. Subsection (a) shall not apply if, not later ‘‘(e) IMMUNITY FROM LIABILITY; REMOVAL.— TITLE II—FINANCIAL DISCLOSURE than 10 days after certifying a plaintiff class, Any person serving as a guardian ad litem or SEC. 201. SAFE HARBOR FOR FORWARD-LOOKING on its own motion or on motion of a member as a member of a plaintiff steering commit- STATEMENTS. of the class, the court appoints a committee tee shall be immune from any liability aris- (a) CONSIDERATION OF REGULATORY OR LEG- of class members to direct counsel for the ing from such service. The court may remove ISLATIVE CHANGES.—In consultation with in- class (hereafter in this section referred to as a guardian ad litem or a member of a plain- vestors and issuers of securities, the Securi- the ‘plaintiff steering committee’) and to tiff steering committee for good cause ties and Exchange Commission shall con- perform such other functions as the court shown. sider adopting or amending its rules and reg- may specify. Court appointment of a plain- ‘‘(f) EFFECT ON OTHER LAW.—This section ulations, or making legislative recommenda- tiff steering committee shall not be subject does not affect any other provision of law tions, concerning— to interlocutory review. concerning class actions or the authority of (1) criteria that the Commission finds ap- ‘‘(c) MEMBERSHIP OF PLAINTIFF STEERING the court to give final approval to any offer propriate for the protection of investors by COMMITTEE.— of settlement.’’. which forward-looking statements concern- ‘‘(1) QUALIFICATIONS.— SEC. 104. REQUIREMENTS FOR SECURITIES ing the future economic performance of an ‘‘(A) NUMBER.—A plaintiff steering com- FRAUD ACTIONS. issuer of securities registered under section mittee shall consist of not less than 5 class The Securities Exchange Act of 1934 (15 12 of the Securities Exchange Act of 1934 will members, willing to serve, who the court be- U.S.C. 78a et seq.) is amended by adding at be deemed not to be in violation of section lieves will fairly represent the class. the end the following new section: 10(b) of that Act; and ‘‘(B) OWNERSHIP INTERESTS.—Members of (2) procedures by which courts shall timely the plaintiff steering committee shall have ‘‘SEC. 39. REQUIREMENTS FOR SECURITIES FRAUD ACTIONS. dismiss claims against such issuers of securi- cumulatively held during the class period ties based on such forward-looking state- not less than— ‘‘(a) INTENT.—In an implied private action ‘‘(i) the lesser of 5 percent of the securities arising under this title in which the plaintiff ments if such statements are in accordance which are the subject matter of the litiga- may recover money damages from a defend- with any criteria under paragraph (1). tion or securities which are the subject mat- ant only on proof that the defendant acted (b) COMMISSION CONSIDERATIONS.—In devel- ter of the litigation with a market value of with some level of intent, the plaintiff’s oping rules or legislative recommendations $10,000,000; or complaint shall allege specific facts dem- in accordance with subsection (a), the Com- ‘‘(ii) such smaller percentage or dollar onstrating the state of mind of each defend- mission shall consider— amount as the court finds appropriate under ant at the time the alleged violation oc- (1) appropriate limits to liability for for- the circumstances. curred. ward-looking statements; ‘‘(2) NAMED PLAINTIFFS.—Class members ‘‘(b) MISLEADING STATEMENTS AND OMIS- (2) procedures for making a summary de- who are named plaintiffs in the litigation SIONS.—In an implied action arising under termination of the applicability of any Com- may serve on the plaintiff steering commit- this title in which the plaintiff alleges that mission rule for forward-looking statements tee, but shall not comprise a majority of the the defendant— early in a judicial proceeding to limit pro- committee. ‘‘(1) made an untrue statement of a mate- tracted litigation and expansive discovery; ‘‘(3) NONCOMPENSATION OF MEMBERS.—Mem- rial fact; or (3) incorporating and reflecting the bers of the plaintiff steering committee shall ‘‘(2) omitted to state a material fact nec- scienter requirements applicable to implied serve without compensation, except that any essary in order to make the statements private actions under section 10(b); and member may apply to the court for reim- made, in the light of the circumstances in (4) providing clear guidance to issuers of bursement of reasonable out-of-pocket ex- which they were made, not misleading; securities and the judiciary. penses from any common fund established the plaintiff shall specify each statement al- (c) SECURITIES ACT AMENDMENT.—The Se- for the class. leged to have been misleading, the reason or curities and Exchange Act of 1934 (15 U.S.C. ‘‘(4) MEETINGS.—The plaintiff steering reasons why the statement is misleading, 78a et seq.), is amended by adding at the end committee shall conduct its business at one and, if an allegation regarding the statement the following new section: or more previously scheduled meetings of the or omission is made on information and be- ‘‘SEC. 40. APPLICATION OF SAFE HARBOR FOR committee at which a majority of its mem- lief, the plaintiff shall set forth all informa- FORWARD-LOOKING STATEMENTS. bers are present in person or by electronic tion on which that belief is formed. ‘‘(a) IN GENERAL.—In any implied private communication. The plaintiff steering com- ‘‘(c) BURDEN OF PROOF.—In an implied pri- action arising under this title that alleges mittee shall decide all matters within its au- vate action arising under this title based on that a forward-looking statement concerning thority by a majority vote of all members, a material misstatement or omission con- the future economic performance of an is- except that the committee may determine cerning a security, and in which the plaintiff suer registered under section 12 was materi- that decisions other than to accept or reject claims to have bought or sold the security ally false or misleading, if a party making a a settlement offer or to employ or dismiss based on a reasonable belief that the market motion in accordance with subsection (b) re- counsel for the class may be delegated to one value of the security reflected all publicly quests a stay of discovery concerning the or more members of the committee, or may available information, the plaintiff shall claims or defenses of that party, the court be voted upon by committee members seria- have the burden of proving that the shall grant such a stay until it has ruled on tim, without a meeting. misstatement or omission caused any loss any such motion. ‘‘(5) RIGHT OF NONMEMBERS TO BE HEARD.— incurred by the plaintiff. ‘‘(b) SUMMARY JUDGMENT MOTIONS.—Sub- A class member who is not a member of the ‘‘(d) DAMAGES.—In an implied private ac- section (a) shall apply to any motion for plaintiff steering committee may appear and tion arising under this title based on a mate- summary judgment made by a defendant as- be heard by the court on any issue in the ac- rial misstatement or omission concerning a serting that the forward-looking statement tion, to the same extent as any other party. security, and in which the plaintiff claims to was within the coverage of any rule which January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1079 the Commission may have adopted concern- ‘‘(B) the senior management has not taken, ‘‘SEC. 41. PROPORTIONATE LIABILITY AND JOINT ing such predictive statements, if such mo- and the board of directors has not caused AND SEVERAL LIABILITY IN IMPLIED tion is made not less than 60 days after the senior management to take, timely and ap- ACTIONS. plaintiff commences discovery in the action. propriate remedial actions with respect to ‘‘(a) APPLICABILITY.—This section shall ‘‘(c) DILATORY CONDUCT; DUPLICATIVE DIS- the illegal act; and apply only to the allocation of damages COVERY.—Notwithstanding subsection (a) or ‘‘(C) the failure to take remedial action is among persons who are, or who may become, (b), the time permitted for a plaintiff to con- reasonably expected to warrant departure liable for damages in an implied private ac- duct discovery under subsection (b) may be from a standard auditor’s report, when made, tion arising under this title. Nothing in this extended, or a stay of the proceedings may or warrant resignation from the audit en- section shall affect the standards for liabil- be denied, if the court finds that— gagement; ity associated with an implied private action ‘‘(1) the defendant making a motion de- the independent public accountant shall, as arising under this title. scribed in subsection (b) engaged in dilatory soon as practicable, directly report its con- ‘‘(b) APPLICATION OF JOINT AND SEVERAL LI- or obstructive conduct in taking or opposing clusions to the board of directors. ABILITY.— any discovery; or ‘‘(3) NOTICE TO COMMISSION; RESPONSE TO ‘‘(1) IN GENERAL.—A person against whom a ‘‘(2) a stay of discovery pending a ruling on FAILURE TO NOTIFY.—An issuer whose board judgment is entered in an implied private ac- a motion under subsection (b) would be sub- of directors receives a report under para- tion arising under this title shall be liable stantially unfair to the plaintiff or other graph (2) shall inform the Commission by no- jointly and severally for any recoverable parties to the action.’’. tice not later than 1 business day after the damages on such judgment if the person is SEC. 202. FRAUD DETECTION AND DISCLOSURE. receipt of such report and shall furnish the found to have— (a) IN GENERAL.—The Securities Exchange independent public accountant making such ‘‘(A) been a primary wrongdoer; Act of 1934 (15 U.S.C. 78a et seq.) is amended report with a copy of the notice furnished to ‘‘(B) committed knowing securities fraud; by inserting immediately after section 10 the the Commission. If the independent public or following new section: accountant fails to receive a copy of the no- ‘‘(C) controlled any primary wrongdoer or ‘‘SEC. 10A. AUDIT REQUIREMENTS. tice before the expiration of the required 1- person who committed knowing securities ‘‘(a) IN GENERAL.—Each audit required pur- business-day period, the independent public fraud. suant to this title of an issuer’s financial accountant shall— ‘‘(2) PRIMARY WRONGDOER.—As used in this statements by an independent public ac- ‘‘(A) resign from the engagement; or subsection— countant shall include, in accordance with ‘‘(B) furnish to the Commission a copy of ‘‘(A) the term ‘primary wrongdoer’ generally accepted auditing standards, as its report (or the documentation of any oral means— may be modified or supplemented from time report given) not later than 1 business day ‘‘(i) any— to time by the Commission— following such failure to receive notice. ‘‘(I) issuer, registrant, purchaser, seller, or ‘‘(1) procedures designed to provide reason- ‘‘(4) REPORT AFTER RESIGNATION.—If an underwriter of securities; able assurance of detecting illegal acts that independent public accountant resigns from ‘‘(II) marketmaker or specialist in securi- would have a direct and material effect on an engagement under paragraph (3)(A), the ties; or the determination of financial statement accountant shall, not later than 1 business ‘‘(III) clearing agency, securities informa- amounts; day following the failure by the issuer to no- tion processor, or government securities ‘‘(2) procedures designed to identify related tify the Commission under paragraph (3), dealer; party transactions which are material to the furnish to the Commission a copy of the ac- if such person breached a direct statutory or financial statements or otherwise require countant’s report (or the documentation of regulatory obligation or if such person oth- disclosure therein; and any oral report given). erwise had a principal role in the conduct ‘‘(3) an evaluation of whether there is sub- ‘‘(c) AUDITOR LIABILITY LIMITATION.—No that is the basis for the implied right of ac- stantial doubt about the issuer’s ability to independent public accountant shall be lia- tion; or continue as a going concern during the ensu- ble in a private action for any finding, con- ‘‘(ii) any person who intentionally ren- ing fiscal year. clusion, or statement expressed in a report dered substantial assistance to the fraudu- ‘‘(b) REQUIRED RESPONSE TO AUDIT DISCOV- made pursuant to paragraph (3) or (4) of sub- lent conduct of any person described in ERIES.— section (b), including any rules promulgated clause (i), with actual knowledge of such per- ‘‘(1) INVESTIGATION AND REPORT TO MANAGE- pursuant thereto. son’s fraudulent conduct or fraudulent pur- MENT.—If, in the course of conducting an ‘‘(d) CIVIL PENALTIES IN CEASE-AND-DESIST pose, and with knowledge that such conduct audit pursuant to this title to which sub- PROCEEDINGS.—If the Commission finds, after was wrongful; and section (a) applies, the independent public notice and opportunity for hearing in a pro- ‘‘(B) a defendant engages in ‘knowing secu- accountant detects or otherwise becomes ceeding instituted pursuant to section 21C, rities fraud’ if such defendant— aware of information indicating that an ille- that an independent public accountant has ‘‘(i) makes a material representation with gal act (whether or not perceived to have a willfully violated paragraph (3) or (4) of sub- actual knowledge that the representation is material effect on the issuer’s financial section (b), the Commission may, in addition false, or omits to make a statement with ac- statements) has or may have occurred, the to entering an order under section 21C, im- tual knowledge that, as a result of the omis- accountant shall, in accordance with gen- pose a civil penalty against the independent sion, one of the defendant’s material rep- erally accepted auditing standards, as may public accountant and any other person that resentations is false and knows that other be modified or supplemented from time to the Commission finds was a cause of such persons are likely to rely on that misrepre- time by the Commission— violation. The determination to impose a sentation or omission, except that reckless ‘‘(A)(i) determine whether it is likely that civil penalty and the amount of the penalty conduct by the defendant shall not be con- an illegal act has occurred; and shall be governed by the standards set forth strued to constitute ‘knowing securities ‘‘(ii) if so, determine and consider the pos- in section 21B. fraud’; or sible effect of the illegal act on the financial ‘‘(e) PRESERVATION OF EXISTING AUTHOR- ‘‘(ii) intentionally rendered substantial as- statements of the issuer, including any con- ITY.—Except as provided in subsection (d), sistance to the fraudulent conduct of any tingent monetary effects, such as fines, pen- nothing in this section shall be held to limit person described in clause (i), with actual alties, and damages; and or otherwise affect the authority of the Com- knowledge of such person’s fraudulent con- ‘‘(B) as soon as practicable, inform the ap- mission under this title. duct or fraudulent purpose, and with knowl- propriate level of the issuer’s management ‘‘(f) DEFINITION.—As used in this section, edge that such conduct was wrongful. and assure that the issuer’s audit commit- the term ‘illegal act’ means an act or omis- ‘‘(c) DETERMINATION OF RESPONSIBILITY.—In tee, or the issuer’s board of directors in the sion that violates any law, or any rule or an implied private action in which more absence of such a committee, is adequately regulation having the force of law.’’. than 1 person contributed to a violation of informed with respect to illegal acts that (b) EFFECTIVE DATES.—With respect to any this title, the court shall instruct the jury to have been detected or have otherwise come registrant that is required to file selected answer special interrogatories, or if there is to the attention of such accountant in the quarterly financial data pursuant to item no jury, shall make findings, concerning the course of the audit, unless the illegal act is 302(a) of Regulation S–K of the Securities degree of responsibility of each person al- clearly inconsequential. and Exchange Commission (17 CFR leged to have caused or contributed to the ‘‘(2) RESPONSE TO FAILURE TO TAKE REME- 229.302(a)), the amendments made by sub- violation of this title, including persons who DIAL ACTION.—If, having first assured itself section (a) shall apply to any annual report have entered into settlements with the that the audit committee of the board of di- for any period beginning on or after January plaintiff. The interrogatories or findings rectors of the issuer or the board (in the ab- 1, 1994. With respect to any other registrant, shall specify the amount of damages the sence of an audit committee) is adequately the amendment shall apply for any period plaintiff is entitled to recover and the degree informed with respect to illegal acts that beginning on or after January 1, 1995. of responsibility, measured as a percentage have been detected or have otherwise come SEC. 203. PROPORTIONATE LIABILITY AND JOINT of the total fault of all persons involved in to the accountant’s attention in the course AND SEVERAL LIABILITY. the violation, of each person found to have of such accountant’s audit, the independent (a) SECURITIES ACT AMENDMENT.—The Se- caused or contributed to the damages in- public accountant concludes that— curities and Exchange Act of 1934 (15 U.S.C. curred by the plaintiff or plaintiffs. In deter- ‘‘(A) the illegal act has a material effect on 78a et seq.) is amended by adding at the end mining the degree of responsibility, the trier the financial statements of the issuer; the following new section: of fact shall consider— S 1080 CONGRESSIONAL RECORD — SENATE January 18, 1995 ‘‘(1) the nature of the conduct of each per- title at any time before verdict or judgment countant’s report on any financial state- son; and shall be discharged from all claims for con- ment, report, or other document required to ‘‘(2) the nature and extent of the causal re- tribution brought by other persons. Upon be filed with the Commission under any se- lationship between that conduct and the entry of the settlement by the court, the curities law. damage claimed by the plaintiff. court shall enter a bar order constituting the ‘‘(5) PROFESSIONAL STANDARDS.—The term ‘‘(d) APPLICATION OF PROPORTIONATE LI- final discharge of all obligations to the ‘professional standards’ means generally ac- ABILITY.—Except as provided in subsection plaintiff of the settling defendant arising out cepted auditing standards, generally accept- (b), the amount of liability of a person who of the action. The order shall bar all future ed accounting principles, generally accepted is, or may through right of contribution be- claims for contribution or indemnity arising standards for attestation engagements, and come, liable for damages based on an implied out of the action— any other standards related to the prepara- private action arising under this title shall ‘‘(A) by nonsettling persons against the tion of financial statements or accountant’s be determined as follows: settling defendant; and reports promulgated by the Commission or a ‘‘(1) DEGREE OF RESPONSIBILITY.—Except as ‘‘(B) by the settling defendant against any standard-setting body recognized by the provided in paragraph (2), each liable party nonsettling defendants. Board. shall only be liable for the portion of the ‘‘(2) REDUCTION.—If a person enters into a ‘‘(b) ESTABLISHMENT OF BOARD.— judgment that corresponds to that party’s settlement with the plaintiff prior to verdict degree of responsibility, as determined under or judgment, the verdict or judgment shall ‘‘(1) IN GENERAL.—Not later than 90 days subsection (c). be reduced by the greater of— after the date of enactment of this section, ‘‘(2) UNCOLLECTIBLE SHARES.—If, upon mo- ‘‘(A) an amount that corresponds to the de- the Commission shall establish a Public Au- tion made not later than 6 months after a gree of responsibility of that person; or diting Self-Disciplinary Board to perform final judgment is entered, the court deter- ‘‘(B) the amount paid to the plaintiff by the duties set forth in this section. The Com- mines that all or part of a defendant’s share that person. mission shall designate an entity to serve as of the obligation is uncollectible— ‘‘(g) CONTRIBUTION.—A person who becomes the Board if the Commission finds that— ‘‘(A) the remaining defendants shall be liable for damages in an implied private ac- ‘‘(A) such entity is sponsored by an exist- jointly and severally liable for the tion arising under this title may recover ing national organization of certified public uncollectible share if the plaintiff estab- contribution from any other person who, if accountants that— lishes that— joined in the original suit, would have been ‘‘(i) is most representative of certified pub- ‘‘(i) the plaintiff is an individual whose re- liable for the same damages. A claim for con- lic accountants covered by this title; and coverable damages under a final judgment tribution shall be determined based on the ‘‘(ii) has demonstrated its commitment to are equal to more than 10 percent of the degree of responsibility of the claimant and improving the quality of practice before the plaintiff’s net financial worth; and of each person against whom a claim for con- Commission; and ‘‘(ii) the plaintiff’s net financial worth is tribution is made. ‘‘(B) control over such entity is vested in less than $200,000; and ‘‘(h) STATUTE OF LIMITATIONS FOR CON- the members of the Board selected pursuant ‘‘(B) the amount paid by each of the re- TRIBUTION.—Once judgment has been entered to subsection (c). maining defendants to all other plaintiffs in an implied private action arising under ‘‘(2) ALTERNATIVE ELECTION OF MEMBERS.— shall be, in total, not more than the greater this title determining liability, an action for If the Commission designates an entity to of— contribution must be brought not later than serve as the Board pursuant to paragraph (1), ‘‘(i) that remaining defendant’s percentage 6 months after the entry of a final, the entity shall conduct the election of ini- of fault for the uncollectible share; or nonappealable judgment in the action, ex- tial Board members in accordance with sub- ‘‘(ii) 5 times— cept that an action for contribution brought section (c)(1)(B)(i). ‘‘(I) the amount which the defendant by a defendant who was required to make an ‘‘(c) MEMBERSHIP OF BOARD.— gained from the conduct that gave rise to its additional payment pursuant to subsection ‘‘(1) IN GENERAL.—The Board shall be com- liability; or (d)(2) may be brought not later than 6 posed of 3 appointed members and 4 elected ‘‘(II) if a defendant did not obtain a direct months after the date on which such pay- members, as follows: financial gain from the conduct that gave ment was made.’’. ‘‘(A) APPOINTED MEMBERS.—Three members rise to the liability and the conduct con- (b) EFFECTIVE DATE.—Section 41 of the Se- of the Board shall be appointed in accord- sisted of the provision of deficient services curities Exchange Act of 1934, as added by ance with the following: to an entity involved in the violation, the subsection (a), shall only apply to implied ‘‘(i) INITIAL APPOINTMENTS.—The Chairman defendant’s gross revenues received for the private actions commenced after the date of of the Commission shall make the initial ap- provision of all services to the other entity enactment of this Act. pointments, in consultation with the other involved in the violation during the calendar SEC. 204. PUBLIC AUDITING SELF-DISCIPLINARY members of the Commission, not later than years in which deficient services were pro- BOARD. 90 days after the date of enactment of this vided. The Securities Exchange Act of 1934 (15 section. ‘‘(3) OVERALL LIMIT.—In no event shall the U.S.C. 78a et seq.) is amended by inserting total payments required pursuant to para- immediately after section 13 the following ‘‘(ii) SUBSEQUENT APPOINTMENTS.—After graph (2) exceed the amount of the new section: the initial appointments under clause (i), members of the Board appointed to fill va- uncollectible share. ‘‘SEC. 13A. PUBLIC AUDITING SELF-DISCIPLINARY cancies of appointed members of the Board ‘‘(4) DEFENDANTS SUBJECT TO CONTRIBU- BOARD. TION.—A defendant whose liability is reallo- ‘‘(a) DEFINITIONS.—For purposes of this sec- shall be appointed in accordance with the cated pursuant to paragraph (2) shall be sub- tion, the following definitions shall apply: rules adopted pursuant to paragraph (5). ject to contribution and to any continuing ‘‘(1) PUBLIC ACCOUNTING FIRM.—The term Such rules shall provide that such members liability to the plaintiff on the judgment. ‘public accounting firm’ means a sole propri- shall be appointed by the Board, subject to ‘‘(5) RIGHT OF CONTRIBUTION.—To the extent etorship, unincorporated association, part- the approval of the Commission. that a defendant is required to make an addi- nership, corporation, or other legal entity ‘‘(B) ELECTED MEMBERS.—Four members, tional payment pursuant to paragraph (2), that is engaged in the practice of public ac- including the member who shall serve as the that defendant may recover contribution— counting. chairperson of the Board, shall be elected in ‘‘(A) from the defendant originally liable ‘‘(2) BOARD.—The term ‘Board’ means the accordance with the following: to make the payment; Public Auditing Self-Disciplinary Board des- ‘‘(i) INITIAL ELECTION.—Not later than 120 ‘‘(B) from any defendant liable jointly and ignated by the Commission pursuant to sub- days after the date on which the Chairman of severally pursuant to subsection (b)(1); section (b). the Commission makes appointments under ‘‘(C) from any defendant held proportion- ‘‘(3) ACCOUNTANT’S REPORT.—The term ‘ac- subparagraph (A)(i), an entity designated by ately liable pursuant to this subsection who countant’s report’ means a document in the Commission pursuant to subsection (b) is liable to make the same payment and has which a public accounting firm identifies a shall conduct an election of 4 initial elected paid less than his or her proportionate share financial statement, report, or other docu- members pursuant to interim election rules of that payment; or ment and sets forth the firm’s opinion re- proposed by the entity and approved by the ‘‘(D) from any other person responsible for garding such financial statement, report, or 3 interim members of the Board and the the conduct giving rise to the payment who other document, or an assertion that an Commission. If the Commission is unable to would have been liable to make the same opinion cannot be expressed. designate an entity meeting the criteria set payment. ‘‘(4) PERSON ASSOCIATED WITH A PUBLIC AC- forth in subsection (b)(1), the members of the ‘‘(e) NONDISCLOSURE TO JURY.—The stand- COUNTING FIRM.—The term ‘person associated Board appointed under subparagraph (A)(i) ard for allocation of damages under sub- with a public accounting firm’ means a natu- shall adopt interim rules, subject to approval sections (b)(1) and (c) and the procedure for ral person who— by the Commission, providing for the elec- reallocation of uncollectible shares under ‘‘(A) is a partner, shareholder, employee, tion of the 4 initial elected members. Such subsection (d)(2) shall not be disclosed to or individual proprietor of a public account- rules shall provide that such members of the members of the jury. ing firm, or who shares in the profits of a Board shall be elected— ‘‘(f) SETTLEMENT DISCHARGE.— public accounting firm; and ‘‘(I) not later than 120 days after the date ‘‘(1) IN GENERAL.—A defendant who settles ‘‘(B) engages in any conduct or practice in on which members are initially appointed an implied private action brought under this connection with the preparation of an ac- under subparagraph (A)(i); January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1081 ‘‘(II) by persons who are associated with financing basis. The amount of fees and dues been selected in accordance with subsection public accounting firms and who are cer- for each public accounting firm shall be (c), the Board shall have the following duties tified public accountants under the laws of based upon— and powers: any State; and ‘‘(1) the annual revenues of such firm from ‘‘(1) INVESTIGATIONS AND DISCIPLINARY PRO- ‘‘(III) subject to the approval of the Com- accounting and auditing services; CEEDINGS.—The Board shall establish fair mission. ‘‘(2) the number of persons associated with procedures for investigating and disciplining ‘‘(ii) SUBSEQUENT ELECTIONS.—After the the public accounting firm; public accounting firms registered with the initial elections under clause (i), members of ‘‘(3) the number of clients for which such Board, and persons associated with such the Board elected to fill vacancies of elected firm furnishes accountant’s reports on finan- firms, for violations of the Federal securities members of the Board shall be elected in ac- cial statements, reports, or other documents laws, the rules or regulations issued there- cordance with the rules adopted pursuant to filed with the Commission; and under, the rules adopted by the Board, or paragraph (5). Such rules shall provide that ‘‘(4) such other criteria as the Board may professional standards in connection with such members of the Board shall be elected— establish. the preparation of an accountant’s report on ‘‘(I) by persons who are associated with ‘‘(e) REGISTRATION WITH BOARD.— a financial statement, report, or other docu- public accounting firms and who are cer- ‘‘(1) REGISTRATION REQUIRED.—Beginning 1 ment filed with the Commission. tified public accountants under the laws of year after the date on which all initial mem- ‘‘(2) INVESTIGATION PROCEDURES.— any State; and bers of the Board have been selected in ac- ‘‘(A) IN GENERAL.—The Board may conduct ‘‘(II) subject to the approval of the Com- cordance with subsection (c), it shall be un- an investigation of any act, practice, or mission. lawful for a public accounting firm to fur- omission by a public accounting firm reg- ‘‘(2) QUALIFICATION.—Four members of the nish an accountant’s report on any financial istered with the Board, or by any person as- Board, including the chairperson of the statement, report, or other document re- sociated with such firm, in connection with Board, shall be persons who have not been quired to be filed with the Commission under the preparation of an accountant’s report on associated with a public accounting firm any Federal securities law, unless such firm a financial statement, report, or other docu- during the 10-year period preceding appoint- is registered with the Board. ment filed with the Commission that may ment or election to the Board under para- ‘‘(2) APPLICATION FOR REGISTRATION.—A graph (1). Three members of the Board who public accounting firm may be registered violate any applicable provision of the Fed- are elected shall be persons associated with a under this subsection by filing with the eral securities laws, the rules and regula- public accounting firm registered with the Board an application for registration in such tions issued thereunder, the rules adopted by Board. form and containing such information as the the Board, or professional standards, wheth- ‘‘(3) FULL-TIME BASIS.—The chairperson of Board, by rule, may prescribe. Each applica- er such act, practice, or omission is the sub- the Board shall serve on a full-time basis, tion shall include— ject of a criminal, civil, or administrative severing all business ties with his or her ‘‘(A) the names of all clients of the public action, or a disciplinary proceeding, or oth- former firms or employers prior to beginning accounting firm for which the firm furnishes erwise is brought to the attention of the service on the Board. accountant’s reports on financial state- Board. ‘‘(4) TERMS.— ments, reports, or other documents filed ‘‘(B) POWERS OF BOARD.—For purposes of an ‘‘(A) IN GENERAL.—Except as provided in with the Commission; investigation under this paragraph, the subparagraph (B), each member of the Board ‘‘(B) financial information of the public ac- Board may, in addition to such other actions shall hold office for a term of 4 years or until counting firm for its most recent fiscal year, as the Board determines to be necessary or a successor is appointed, whichever is later, including its annual revenues from account- appropriate— except that any member appointed to fill a ing and auditing services, its assets and its ‘‘(i) require the testimony of any person vacancy occurring prior to the expiration of liabilities; associated with a public accounting firm reg- the term for which such member’s prede- ‘‘(C) a statement of the public accounting istered with the Board, with respect to any cessor was appointed shall be appointed for firm’s policies and procedures with respect matter which the Board considers relevant the remainder of such term. to quality control of its accounting and au- or material to the investigation; ‘‘(B) INITIAL BOARD MEMBERS.—Beginning diting practice; ‘‘(ii) require the production of audit on the date on which all members of the ‘‘(D) information relating to criminal, workpapers and any other document or in- Board have been selected in accordance with civil, or administrative actions or formal formation in the possession of a public ac- this subsection, the terms of office of the ini- disciplinary proceedings pending against counting firm registered with the Board, or tial Board members shall expire, as deter- such firm, or any person associated with any person associated with such firm, wher- mined by the Board, by lottery— such firm, in connection with an account- ever domiciled, that the Board considers rel- ‘‘(i) for 1 member, 1 year after such date; ant’s report furnished by such firm; evant or material to the investigation, and ‘‘(ii) for 2 members, 2 years after such date; ‘‘(E) a list of persons associated with the may examine the books and records of such ‘‘(iii) for 2 members, 3 years after such public accounting firm who are certified pub- firm to verify the accuracy of any documents date; and lic accountants, including any State profes- or information so supplied; and ‘‘(iv) for 2 members, 4 years after such sional license or certification number for ‘‘(iii) request the testimony of any person date. each such person; and and the production of any document in the ‘‘(5) RULES.—Following selection of the 7 ‘‘(F) such other information that is reason- possession of any person, including a client initial members of the Board in accordance ably related to the Board’s responsibilities of a public accounting firm registered with with subparagraphs (A)(i) and (B)(i) of para- as the Board considers necessary or appro- the Board, that the Board considers relevant graph (1), the Board shall propose and adopt priate. or material to the investigation. rules, which shall provide for— ‘‘(3) PERIODIC REPORTS.—Once in each year, ‘‘(C) SUSPENSION OR REVOCATION OF REG- ‘‘(A) the operation and administration of or more frequently as the Board, by rule, ISTRATION FOR NONCOMPLIANCE.—The refusal the Board, including— may prescribe, each public accounting firm of any person associated with a public ac- ‘‘(i) the appointment of members in ac- registered with the Board shall submit re- counting firm registered with the Board to cordance with paragraph (1)(A)(ii); ports to the Board updating the information testify, or the refusal of any such person to ‘‘(ii) the election of members in accordance contained in its application for registration produce documents or otherwise cooperate with paragraph (1)(B)(ii); and and containing such additional information with the Board, in connection with an inves- ‘‘(iii) the compensation of the members of that is reasonably related to the Board’s re- tigation under this section, shall be cause for the Board; sponsibilities as the Board, by rule, may pre- suspending or barring such person from asso- ‘‘(B) the appointment and compensation of scribe. ciating with a public accounting firm reg- such employees, attorneys, and consultants ‘‘(4) EXEMPTIONS.—The Commission, by istered with the Board, or such other appro- as may be necessary or appropriate to carry rule or order, upon its own motion or upon priate sanction as the Board shall determine. out the Board’s functions under this title; application, may conditionally or uncondi- The refusal of any public accounting firm ‘‘(C) the registration of public accounting tionally exempt any public accounting firm registered with the Board to produce docu- firms with the Board pursuant to subsections or any accountant’s report, or any class of ments or otherwise cooperate with the (d) and (e); and public accounting firms or any class of ac- Board, in connection with an investigation ‘‘(D) the matters described in subsections countant’s reports, from any provisions of under this section, shall be cause for the sus- (f) and (g). this section or the rules or regulations is- pension or revocation of the registration of ‘‘(d) REGISTRATION AND ANNUAL FEES.— sued hereunder, if the Commission finds that such firm, or such other appropriate sanc- After the date on which all initial members such exemption is consistent with the public tion as the Board shall determine. of the Board have been selected in accord- interest, the protection of investors, and the ‘‘(D) REFERRAL TO COMMISSION.— ance with subsection (c), the Board shall as- purposes of this section. ‘‘(i) IN GENERAL.—If the Board is unable to sess and collect a registration fee and annual ‘‘(5) CONFIDENTIALITY.—The Board may, by conduct or complete an investigation under dues from each public accounting firm reg- rule, designate portions of the filings re- this section because of the refusal of any cli- istered with the Board. Such fees and dues quired pursuant to paragraphs (2) and (3) as ent of a public accounting firm registered shall be assessed at a level sufficient to re- privileged and confidential. with the Board, or any other person, to tes- cover the costs and expenses of the Board ‘‘(f) DUTIES OF BOARD.—After the date on tify, produce documents, or otherwise co- and to permit the Board to operate on a self- which all initial members of the Board have operate with the Board in connection with S 1082 CONGRESSIONAL RECORD — SENATE January 18, 1995 such investigation, the Board shall report become associated with a public accounting respect to any investigation or disciplinary such refusal to the Commission. firm registered with the Board, in connec- proceeding shall be inadmissible in any pro- ‘‘(ii) INVESTIGATION.—The Commission may tion with the preparation of an accountant’s ceeding in any State or Federal court or be- designate the Board or one or more officers report on any financial statement, report, or fore any State or Federal administrative of the Board who shall be empowered, in ac- other document filed with the Commission, agency. cordance with such procedures as the Com- without the consent of the Board or the ‘‘(ii) TREATMENT OF CERTAIN DOCUMENTS.— mission may adopt, to subpoena witnesses, Commission; and Submissions to the Board by or on behalf of compel their attendance, and require the ‘‘(ii) for any public accounting firm reg- a public accounting firm or person associ- production of any books, papers, correspond- istered with the Board to permit such a per- ated with such a firm or on behalf of any ence, memoranda, or other records relevant son to become, or remain, associated with other participant in a Board proceeding, in- to any investigation by the Board. Attend- such firm without the consent of the Board cluding documents generated by the Board ance of witnesses and the production of any or the Commission, if such firm knew or, in itself, shall be inadmissible to the same ex- records may be required from any place in the exercise of reasonable care should have tent as the material described in clause (i), if the United States or any State at any des- known, of such suspension or bar. such submission— ignated place of hearing. Enforcement of a ‘‘(4) REPORTING OF SANCTIONS.—If the Board ‘‘(I) is prepared specifically for the purpose subpoena issued by the Board, or an officer imposes a disciplinary sanction against a of the Board proceedings; and of the Board, pursuant to this subparagraph public accounting firm, or a person associ- ‘‘(II) addresses the merits of the issues shall occur in the manner provided for in ated with such firm, the Board shall report under investigation by the Board. section 21(c). Examination of witnesses sub- such sanction to the Commission, to the ap- ‘‘(C) AVAILABILITY AND ADMISSIBILITY OF IN- poenaed pursuant to this subparagraph shall propriate State or foreign licensing board or FORMATION.— be conducted before an officer authorized to boards with which such firm or such person administer oaths by the laws of the United is licensed or certified to practice public ac- ‘‘(i) IN GENERAL.—All information referred States or of the place where the examination counting, and to the public. The information to in subparagraphs (A) and (B) shall be— is held. reported shall include— ‘‘(I) available to the Commission and to ‘‘(iii) REFERRALS TO COMMISSION.—The ‘‘(A) the name of the public accounting any other Federal department or agency in Board may refer any investigation to the firm, or person associated with such firm, connection with the exercise of its regu- Commission, as the Board deems appro- against whom the sanction is imposed; latory authority to the extent that such in- priate. ‘‘(B) a description of the acts, practices, or formation would be available to such agency ‘‘(E) IMMUNITY FROM CIVIL LIABILITY.—An omissions upon which the sanction is based; from the Commission as a result of a Com- employee of the Board engaged in carrying ‘‘(C) the nature of the sanction; and mission enforcement investigation; out an investigation or disciplinary proceed- ‘‘(D) such other information respecting the ‘‘(II) available to Federal and State au- ing under this section shall be immune from circumstances of the disciplinary action (in- thorities in connection with any criminal in- any civil liability arising out of such inves- cluding the name of any client of such firm vestigation or proceeding; tigation or disciplinary proceeding in the affected by such acts, practices, or omis- ‘‘(III) admissible in any action brought by same manner and to the same extent as an sions) as the Board deems appropriate. the Commission or any other Federal depart- employee of the Federal Government in ‘‘(5) DISCOVERY AND ADMISSIBILITY OF BOARD ment or agency pursuant to its regulatory similar circumstances. MATERIAL.— authority, to the extent that such informa- ‘‘(3) DISCIPLINARY PROCEDURES.— ‘‘(A) DISCOVERABILITY.— tion would be available to such agency from ‘‘(A) DECISION TO DISCIPLINE.—In a proceed- ‘‘(i) IN GENERAL.—Except as provided in the Commission as a result of a Commission ing by the Board to determine whether a subparagraph (C), all reports, memoranda, enforcement investigation and in any crimi- public accounting firm, or a person associ- and other information prepared, collected, or nal action; and ated with such firm, should be disciplined, received by the Board, and the deliberations ‘‘(IV) available to State licensing boards to the Board shall bring specific charges, notify and other proceedings of the Board and its the extent authorized in paragraph (6). such firm or person of the charges, give such employees and agents in connection with an firm or person an opportunity to defend ‘‘(ii) OTHER LIMITATIONS.—Any documents investigation or disciplinary proceeding against such charges, and keep a record of or other information provided to the Com- under this section shall not be subject to any such actions. mission or other authorities pursuant to form of civil discovery, including demands ‘‘(B) SANCTIONS.—If the Board finds that a clause (i) shall be subject to the limitations for production of documents and for testi- public accounting firm, or a person associ- on discovery and admissibility set forth in mony of individuals, in connection with any ated with such firm, has engaged in any act, subparagraphs (A) and (B). proceeding in any State or Federal court, or practice, or omission in violation of the Fed- ‘‘(D) TITLE 5 TREATMENT.—This subsection before any State or Federal administrative eral securities laws, the rules or regulations shall be considered to be a statute described issued thereunder, the rules adopted by the agency. This subparagraph shall not apply to in section 552(b)(3)(B) of title 5, United Board, or professional standards, the Board any information provided to the Board that States Code, for purposes of that section 552. would have been subject to discovery from may impose such disciplinary sanctions as it ‘‘(6) PARTICIPATION BY STATE LICENSING the person or entity that provided it to the deems appropriate, including— BOARDS.— Board, but is no longer available from that ‘‘(i) revocation or suspension of registra- ‘‘(A) NOTICE.—When the Board institutes person or entity. tion under this section; an investigation pursuant to paragraph ‘‘(ii) EXEMPTION.—Submissions to the ‘‘(ii) limitation of activities, functions, and (2)(A), it shall notify the State licensing Board by or on behalf of a public accounting operations; boards in the States in which the public ac- firm or person associated with such a firm or ‘‘(iii) fine; counting firm or person associated with such on behalf of any other participant in a Board ‘‘(iv) censure; firm engaged in the act or failure to act al- ‘‘(v) in the case of a person associated with proceeding, including documents generated by the Board itself, shall be exempt from dis- leged to have violated professional stand- a public accounting firm, suspension or bar ards, of the pendancy of the investigation, from being associated with a public account- covery to the same extent as the material described in clause (i), whether in the posses- and shall invite the State licensing boards to ing firm registered with the Board; and participate in the investigation. ‘‘(vi) any other disciplinary sanction that sion of the Board or any other person, if such ‘‘(B) ACCEPTANCE BY STATE BOARD.— the Board determines to be appropriate. submission— ‘‘(i) PARTICIPATION.—If a State licensing ‘‘(C) STATEMENT REQUIRED.—A determina- ‘‘(I) is prepared specifically for the purpose board elects to join in the investigation, its tion by the Board to impose a disciplinary of the Board proceeding; and representatives shall participate, pursuant sanction shall be supported by a written ‘‘(II) addresses the merits of the issues statement by the Board setting forth— under investigation by the Board. to rules established by the Board, in inves- ‘‘(i) any act or practice in which the public ‘‘(iii) CONSTRUCTION.—Nothing in this sub- tigating the matter and in presenting the accounting firm or person associated with paragraph shall limit the authority of the evidence justifying the charges in any hear- such firm has been found to have engaged, or Board to provide appropriate public access to ing pursuant to paragraph (3)(A). which such firm or person has been found to disciplinary hearings of the Board, or to re- ‘‘(ii) REVIEW.—In the event that the State have omitted; ports or memoranda received by the Board in licensing board disagrees with the Board’s ‘‘(ii) the specific provision of the Federal connection with such proceedings. determination with respect to the matter securities laws, the rules or regulations is- ‘‘(B) ADMISSIBILITY.— under investigation, it may seek review of sued thereunder, the rules adopted by the ‘‘(i) IN GENERAL.—Except as provided in that determination by the Commission pur- Board, or professional standards which any subparagraph (C), all reports, memoranda, suant to procedures that the Commission such act, practice, or omission is deemed to and other information prepared, collected, or shall specify by regulation. violate; and received by the Board, the deliberations and ‘‘(C) PROHIBITION ON CONCURRENT INVES- ‘‘(iii) the sanction imposed and the reasons other proceedings of the Board and its em- TIGATIONS.—A State licensing board shall not therefor. ployees and agents in connection with an in- institute its own proceeding with respect to ‘‘(D) PROHIBITION ON ASSOCIATION.—It shall vestigation or disciplinary proceeding under a matter referred to in subparagraph (A) be unlawful— this section, the fact that an investigation until after the Board’s determination has be- ‘‘(i) for any person as to whom a suspen- or disciplinary proceeding has been com- come final, including completion of all re- sion or bar is in effect willfully to be or to menced, and the Board’s determination with view by the Commission and the courts. January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1083

‘‘(D) STATE SANCTIONS PERMITTED.—If the to the Board solely for purposes of paragraph ing, administration, or enforcement of an ex- Board or the Commission imposes a sanction (2), or to a peer review organization certified isting rule of the Board; upon a public accounting firm or person as- by the Board, shall be confidential and privi- ‘‘(II) establishing or changing a due, fee, or sociated with such a firm, and that deter- leged, unless such confidentiality and privi- other charge imposed by the Board; or mination either is not subjected to judicial lege are expressly waived by the person or ‘‘(III) concerned solely with the adminis- review or is upheld on judicial review, a entity that created or provided the informa- tration of the Board or other matters which State licensing board may impose a sanction tion. the Commission, by rule, consistent with the on the basis of the Board’s report pursuant ‘‘(h) COMMISSION OVERSIGHT OF THE public interest and the purposes of this sub- to paragraph (4). Any sanction imposed by BOARD.— section, may specify. the State licensing board under this clause ‘‘(1) PROPOSED RULE CHANGES.— ‘‘(ii) SUMMARY EFFECT.—Notwithstanding shall be inadmissible in any proceeding in ‘‘(A) IN GENERAL.—The Board shall file any other provision of this subsection, a pro- any State or Federal court or before any with the Commission, in accordance with posed rule change may be put into effect State or Federal administrative agency, ex- such rules as the Commission may prescribe, summarily if it appears to the Commission cept to the extent provided in paragraph copies of any proposed rule or any proposed that such action is necessary for the protec- (5)(D). change in, addition to, or deletion from the tion of investors. Any proposed rule change ‘‘(E) SANCTIONS NOT PERMITTED.—If a sanc- rules of the Board (hereafter in this sub- put into effect summarily shall be filed tion is not imposed on a public accounting section collectively referred to as a ‘pro- promptly thereafter in accordance with this firm or person associated with such a firm, posed rule change’) accompanied by a con- paragraph. cise general statement of the basis and pur- and— ‘‘(iii) ENFORCEMENT.—Any proposed rule pose of such proposed rule change. The Com- ‘‘(i) a State licensing board elected to par- change which has taken effect pursuant to mission shall, upon the filing of any pro- ticipate in an investigation referred to in clause (i) or (ii) may be enforced by the posed rule change, publish notice thereof to- subparagraph (A), the State licensing board Board to the extent that it is not inconsist- gether with the terms of substance of the may not impose a sanction with respect to ent with the Federal securities laws, the proposed rule change or a description of the the matter; and rules and regulations issued thereunder, and ‘‘(ii) a State licensing board elected not to subjects and issues involved. The Commis- sion shall give interested persons an oppor- applicable Federal and State law. During the participate in an investigation referred to in 60-day period beginning on the date on which subparagraph (A), subparagraphs (A) and (B) tunity to submit written data, views, and ar- guments concerning the proposed rule notice of the filing of a proposed rule change of paragraph (5) shall apply with respect to if filed in accordance with this paragraph, any investigation or proceeding subse- change. No proposed rule change shall take effect unless approved by the Commission or the Commission may summarily abrogate quently instituted by the State licensing the change in the rules of the Board made board and, in particular, the State licensing otherwise permitted in accordance with this subsection. thereby and require that the proposed rule board shall not have access to the record of change be refiled in accordance with sub- the proceeding before the Board and that ‘‘(B) APPROVAL OR DISAPPROVAL.— ‘‘(i) IN GENERAL.—Not later than 35 days paragraph (A) and reviewed in accordance record shall be inadmissible in any proceed- with subparagraph (B), if it appears to the ing before the State licensing board. after the date on which notice of the filing of a proposed rule change is published in ac- Commission that such action is necessary or ‘‘(g) ADDITIONAL DUTIES REGARDING QUAL- cordance with subparagraph (A), or such appropriate in the public interest, for the ITY CONTROL.—After the date on which all longer period as the Commission may des- protection of investors, or otherwise in fur- initial members of the Board have been se- ignate (not to exceed 90 days after such date, therance of the purposes of the Federal secu- lected in accordance with subsection (c), the if it finds such longer period to be appro- rities laws. Commission action pursuant to Board shall have the following duties and priate and publishes its reasons for such the preceding sentence shall not affect the powers in addition to those set forth in sub- finding or as to which the Board consents) validity or force of the rule change during section (f): the Commission shall— the period it was in effect and shall not be ‘‘(1) IN GENERAL.—The Board shall seek to ‘‘(I) by order approve such proposed rule reviewable under section 25 of this Act nor promote a high level of professional conduct change; or deemed to be ‘final agency action’ for pur- among public accounting firms registered ‘‘(II) institute proceedings to determine poses of section 704 of title 5, United States with the Board, to improve the quality of whether the proposed rule change should be Code. audit services provided by such firms, and, in disapproved. general, to protect investors and promote ‘‘(2) AMENDMENT BY COMMISSION OF RULES ‘‘(ii) DISAPPROVAL PROCEEDINGS.—Proceed- the public interest. OF THE BOARD.—The Commission, by rule, ings for disapproval shall include notice of may abrogate, add to, and delete from (here- ‘‘(2) PROFESSIONAL PEER REVIEW ORGANIZA- the grounds for disapproval under consider- after in this subsection collectively referred TIONS.— ation and opportunity for hearing and shall to as ‘amend’) the rules of the Board as the ‘‘(A) MEMBERSHIP REQUIREMENT.—The be concluded not later than 180 days after Commission deems necessary or appropriate Board shall require each public accounting the date of publication of notice of the filing firm subject to the disciplinary authority of to ensure the fair administration of the of the proposed rule change. At the conclu- Board, to conform its rules to requirements the Board to be a member of a professional sion of the proceedings for disapproval, the peer review organization certified by the of the Federal securities laws, and the rules Commission, by order, shall approve or dis- and regulations issued thereunder applicable Board pursuant to subparagraph (B). approve such proposed rule change. The ‘‘(B) CRITERIA FOR CERTIFICATION.—The to the Board, or otherwise in furtherance of Commission may extend the time for conclu- the purposes of the Federal securities laws, Board shall, by rule, establish general cri- sion of such proceedings for— in the following manner: teria for the certification of peer review or- ‘‘(I) not more than 60 days, if the Commis- ‘‘(A) PUBLICATION OF NOTICE.—The Commis- ganizations and shall certify organizations sion finds good cause for such extension and sion shall notify the Board and publish no- that satisfy those criteria, or such amended publishes its reasons for such finding; or tice of the proposed rulemaking in the Fed- criteria as the Board may adopt. To be cer- ‘‘(II) such longer period to which the Board tified, a peer review organization shall, at a consents. eral Register. The notice shall include the text of the proposed amendment to the rules minimum— ‘‘(iii) APPROVAL.—The Commission shall ‘‘(i) require a member public accounting approve a proposed rule change if it finds of the Board and a statement of the Commis- firm to undergo peer review not less than that such proposed rule change is consistent sion’s reasons, including any pertinent facts, once every 3 years and publish the results of with the requirements of the Federal securi- for commencing such proposed rulemaking. the peer review; and ties laws, and the rules and regulations is- ‘‘(B) COMMENTS.—The Commission shall ‘‘(ii) adopt standards that are acceptable to sued thereunder, applicable to the Board. give interested persons an opportunity for the Board relating to audit service quality The Commission shall disapprove a proposed the oral presentation of data, views, and ar- control. rule change if it does not make such finding. guments, in addition to an opportunity to ‘‘(C) PENALTIES.—Violation by a public ac- The Commission shall not approve any pro- make written submissions. A transcript shall counting firm or a person associated with posed rule change prior to the expiration of be kept of any oral presentation. such a firm of a rule of the peer review orga- the 30-day period beginning on the date on ‘‘(C) INCORPORATION.—A rule adopted pur- nization to which the firm belongs shall con- which notice of the filing of a proposed rule suant to this subsection shall incorporate stitute grounds for— change is published in accordance with this the text of the amendment to the rules of ‘‘(i) the imposition of disciplinary sanc- subparagraph, unless the Commission finds the Board and a statement of the Commis- tions by the Board pursuant to subsection good cause to do so and publishes its reasons sion’s basis for and purpose in so amending (f); and for such finding. such rules. Such statement shall include an ‘‘(ii) denial to the public accounting firm ‘‘(C) EFFECT OF PROPOSED RULE CHANGE.— identification of any facts on which the Com- or person associated with such firm of the ‘‘(i) EFFECTIVE DATE.—Notwithstanding mission considers its determination to so privilege of appearing or practicing before subparagraph (B), a proposed rule change amend the rules of the Board to be based, in- the Commission. may take effect upon filing with the Com- cluding the reasons for the Commission’s ‘‘(3) CONFIDENTIALITY.—Except as other- mission if designated by the Board as— conclusions as to any of the facts that were wise provided by this section, all reports, ‘‘(I) constituting a stated policy, practice, disputed in the rulemaking. memoranda, and other information provided or interpretation with respect to the mean- ‘‘(D) REGULATIONS.— S 1084 CONGRESSIONAL RECORD — SENATE January 18, 1995

‘‘(i) TITLE 5 APPLICABILITY.—Except as oth- accordance with paragraph (2), or remand to with the Board or any person associated with erwise provided in this paragraph, rule- the Board for further proceedings; or such a firm. making under this paragraph shall be in ac- ‘‘(ii) if the Commission does not make the ‘‘(i) FOREIGN ACCOUNTING FIRMS.—A foreign cordance with the procedures specified in findings under clause (i), it shall, by order, public accounting firm that furnishes ac- section 553 of title 5, United States Code, for set aside the sanction imposed by the Board countant’s reports on any financial state- rulemaking not on the record. and, if appropriate, remand to the Board for ment, report, or other document required to ‘‘(ii) CONSTRUCTION.—Nothing in this sub- further proceedings. be filed with the Commission under any Fed- section shall be construed to impair or limit ‘‘(B) CANCELLATION, REDUCTION, OR REMIS- eral securities law shall, with respect to the Commission’s power to make, modify, or SION OF SANCTION.—If the Commission, hav- those reports, be subject to the provisions of alter the procedures the Commission may ing due regard for the public interest and the this section in the same manner and to the follow in making rules and regulations pur- protection of investors, finds after a proceed- same extent as a domestic public accounting suant to any other authority under the Fed- ing in accordance with subparagraph (A) firm. The Commission may, by rule, regula- eral securities laws. that a sanction imposed by the Board upon a tion, or order and as it deems consistent ‘‘(iii) INCORPORATION OF AMENDMENTS.—Any firm or person associated with a firm im- with the public interest and the protection amendment to the rules of the Board made poses any burden on competition not nec- of investors, either unconditionally or upon by the Commission pursuant to this sub- essary or appropriate in furtherance of the specified terms and conditions, exempt from section shall be considered for purposes of purposes of the Federal securities laws or is one or more provisions of this section any the Federal securities laws to be part of the excessive or oppressive, the Commission may foreign public accounting firm. Registration rules of the Board and shall not be consid- cancel, reduce, or require the remission of pursuant to this subsection shall not, by it- ered to be a rule of the Commission. such sanction. self, provide a basis for subjecting foreign ac- ‘‘(3) NOTICE OF DISCIPLINARY ACTION TAKEN ‘‘(5) COMPLIANCE WITH RULES AND REGULA- counting firms to the jurisdiction of the Fed- TIONS BY THE BOARD; REVIEW OF ACTION BY THE COM- .— eral or State courts. ‘‘(A) DUTIES OF BOARD.—The Board shall— MISSION.— ‘‘(j) RELATIONSHIP WITH ANTITRUST LAWS.— ‘‘(i) comply with the Federal securities ‘‘(A) NOTICE REQUIRED.—If the Board im- ‘‘(1) TREATMENT UNDER ANTITRUST LAWS.— poses a final disciplinary sanction on a pub- laws, the rules and regulations issued there- In no case shall the Board, any member lic accounting firm registered with the under, and its own rules; and thereof, any public accounting firm reg- Board or on any person associated with such ‘‘(ii) subject to subparagraph (B) and the istered with the Board, or any person associ- a firm, the Board shall promptly file notice rules thereunder, absent reasonable jus- ated with such a firm be subject to liability tification or excuse, enforce compliance with thereof with the Commission. The notice under any antitrust law for any act of the such provisions and with professional stand- shall be in such form and contain such infor- Board or any failure to act by the Board. ards by public accounting firms registered mation as the Commission, by rule, may pre- ‘‘(2) DEFINITION.—For purposes of this sub- with the Board and persons associated with scribe as necessary or appropriate in further- section, the term ‘antitrust law’ means the such firms. ance of the purposes of the Federal securities Federal Trade Commission Act and each ‘‘(B) RELIEF BY COMMISSION.—The Commis- laws. statute defined by section 4 thereof as ‘Anti- sion, by rule, consistent with the public in- ‘‘(B) REVIEW.—An action with respect to trust Acts’ and all amendments to such Act terest, the protection of investors, and the which the Board is required by subparagraph and such statutes and any other Federal other purposes of the Federal securities laws, Acts or State laws in pari materia. (A) to file notice shall be subject to review may relieve the Board of any responsibility ‘‘(k) APPLICABILITY OF AUDITING PRIN- by the Commission, on its own motion, or under this section to enforce compliance CIPLES.—Each audit required pursuant to upon application by any person aggrieved with any specified provision of the Federal this title of an issuer’s financial statements thereby, filed not later than 30 days after the securities laws, the rules or regulations is- by an independent public accountant shall be date on which such notice is filed with the sued thereunder, or professional standards conducted in accordance with generally ac- Commission and received by such aggrieved by any public accounting firm registered cepted auditing standards, as may be modi- person, or within such longer period as the with the Board or person associated with fied or supplemented from time-to-time by Commission may determine. Application to such a firm, or any class of such firms or per- the Commission for review, or the institu- sons associated with such a firm. the Commission. The Commission may defer to professional standards promulgated by tion of review by the Commission on its own ‘‘(6) CENSURE; OTHER SANCTIONS.— private organizations that are generally ac- motion, shall not operate as a stay of such ‘‘(A) IN GENERAL.—The Commission is au- action unless the Commission otherwise or- thorized, by order, if in its opinion such ac- cepted by the accounting or auditing profes- ders, summarily or after notice and oppor- tion is necessary or appropriate in the public sion. tunity for hearing on the question of a stay interest, for the protection of investors, or ‘‘(l) COMMISSION AUTHORITY NOT IM- (which hearing may consist solely of the sub- otherwise in furtherance of the purposes of PAIRED.—Nothing in this section shall be mission of affidavits or presentation of oral the Federal securities laws, to censure or im- construed to impair or limit the Commis- arguments). The Commission shall establish pose limitations upon the activities, func- sion’s authority— for appropriate cases an expedited procedure tions, and operations of the Board, if the ‘‘(1) over the accounting profession, ac- for consideration and determination of the Commission finds, on the record after notice counting firms, or any persons associated question of a stay. and opportunity for hearing, that the Board with such firms; ‘‘(4) DISPOSITION OF REVIEW; CANCELLATION, has— ‘‘(2) to set standards for accounting prac- REDUCTION, OR REMISSION OF SANCTION.— ‘‘(i) violated or is unable to comply with tices, derived from other provisions of the ‘‘(A) IN GENERAL.—In any proceeding to re- any provision of the Federal securities laws, Federal securities laws or the rules or regu- view a final disciplinary sanction imposed by the rules or regulations issued thereunder, or lations issued thereunder; or the Board on a public accounting firm reg- its own rules; or ‘‘(3) to take, on its own initiative, legal, istered with the Board or a person associated ‘‘(ii) without reasonable justification or administrative, or disciplinary action with such a firm, after notice and oppor- excuse, has failed to enforce compliance with against any public accounting firm reg- tunity for hearing (which hearing may con- any such provision or any professional stand- istered with the Board or any person associ- sist solely of consideration of the record be- ard by a public accounting firm registered ated with such a firm.’’. fore the Board and opportunity for the pres- with the Board or a person associated with entation of supporting reasons to affirm, such a firm. SUMMARY OF DOMENICI-DODD PRIVATE modify, or set aside the sanction)— ‘‘(B) REMOVAL FROM OFFICE.—The Commis- SECURITIES LITIGATION REFORM ACT OF 1995 ‘‘(i) if the Commission finds that— sion is authorized, by order, if in its opinion The ‘‘Private Securities Litigation Reform ‘‘(I) such firm or person associated with such action is necessary or appropriate, in such a firm has engaged in such acts or prac- Act of 1995’’ is designed to address several the public interest for the protection of in- broad areas of concern about private securi- tices, or has omitted such acts, as the Board vestors, or otherwise in furtherance of the has found them to have engaged in or omit- ties litigation: plaintiffs’ ability to control purposes of the Federal securities laws, to their cases and recover damages; abuses of ted; remove from office or censure any member of ‘‘(II) such acts, practices, or omissions, are securities litigation by some lawyers; the the Board, if the Commission finds, on the impact of private securities litigation on fi- in violation of such provisions of the Federal record after notice and opportunity for hear- securities laws, the rules or regulations is- nancial disclosure by companies; and better ing, that such member has— methods for deterring fraud. sued thereunder, the rules adopted by the ‘‘(i) willfully violated any provision of the Board, or professional standards as have Federal securities laws, the rules or regula- 1. LITIGATION ABUSES AND INVESTOR CONTROL been specified in the determination of the tions issued thereunder, or the rules of the Plaintiffs’ lawyers often race each other to Board; and Board; the courthouse in order to be the first to file ‘‘(III) such provisions were applied in a ‘‘(ii) willfully abused such member’s au- a case and win control over the case and any manner consistent with the purposes of the thority; or resulting legal fees. In some instances plain- Federal securities laws; ‘‘(iii) without reasonable justification or tiffs’ lawyers and defendants tacitly agree to the Commission, by order, shall so declare excuse, failed to enforce compliance with settle a case for a small amount with little and, as appropriate, affirm the sanction im- any such provision or any professional stand- regard to whether the case is strong or weak, posed by the Board, modify the sanction in ard by any public accounting firm registered in order to assure payment to plaintiffs’ January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1085 counsel. In addition, lawyers have filed secu- date of the violation, or two years after the class to contain certain information. Sub- rities cases without having a real client, or violation was discovered or should have been part (1)(A) requires that if the settling par- have sued based simply based on a price discovered through the exercise of reason- ties agree on the amount of damages which drop, without bothering to investigate able diligence. The bill also incorporates the plaintiff class would recover if the class whether any wrongdoing might have oc- pending legislation concerning the respon- prevailed in litigation, and if they agree on curred. sibility of auditors to search for and report the likelihood that the class could prevail, The bill addresses these abuses by ensuring fraud. A similar bill in the House is sup- the notice should contain a brief statement that investors, not lawyers, decide whether ported by the SEC and the AICPA. about the potential damages per share, a to bring a case, whether to settle, and how statement concerning the probability that much the lawyers should receive. It also con- SECTION-BY-SECTION ANALYSIS OF THE PRI- the plaintiff would prevail on the claims al- tains provisions intended to ensure that law- VATE SECURITIES LITIGATION REFORM ACT yers look at the facts before they sue: OF 1995 leged, and a brief explanation of the reasons for that conclusion. Subpart (B) requires The bill requires courts to appoint a plain- TITLE I—PRIVATE SECURITIES LITIGATION that if the settling parties do not agree on tiff steering committee or a guardian to di- Section 1. Short Title rectly control lawyers for the class. the amount of damages that would be recov- The bill requires that notices of settlement Section 1 provides that the title of this Act erable by the plaintiff on each alleged claim, agreements sent to investors spell out clear- shall be the ‘‘Private Securities Litigation or on the probability that the plaintiff would ly important facts such as how much inves- Reform Act of 1995 (the ‘‘Act’’). prevail on the claims alleged, the notice tors are giving up by settling, and how much Section 101—Elimination of Certain Abusive must contain a brief statement by each their lawyers will receive in the settlement. Practices party containing the elements specified in The bill requires that courts tie awards of Section 101 amends the Securities and Ex- subparagraph (A), concerning the issues on lawyers’ fees directly to how much is recov- change Act of 1934 (the ‘‘Exchange Act’’) by which the parties disagree. If any of the set- ered by investors, rather than simply how adding new paragraphs to Sections 15(c) and tling parties or their counsel intend to apply many hours the lawyers billed or how many 21 of the Exchange Act. Section 101 elimi- to the court for attorneys’ fees or costs from pages of briefs they filed. nates certain litigation practices. any fund to be established under the settle- The bill establishes an alternative dispute Subsection 101(a) amends Section 15(c) of ment, subpart (2) requires a statement con- resolution procedure to make it easier to the Exchange Act. Subsection 101(a) pro- cerning the amount of fees and costs to be prosecute a case without the necessity of hibits brokers or dealers from soliciting or sought by each such party or attorney, and a slow and expensive federal court proceed- accepting compensation from attorneys for brief explanation of the reasons for the appli- ings. assisting them in obtaining the representa- The bill requires that in order to bring a tion of any customer of the broker or dealer cation. Subpart (3) requires the settlement securities case as a class action, the plain- in an implied action. agreement to contain the name, address and tiffs in whose name the case is brought must Subsection 101(b) amends Section 21(d) of telephone number of a representative of have held either 1 per cent of the securities the Exchange Act to prevent distribution of counsel for the plaintiff class who will be which are the subject of the litigation or funds disgorged pursuant to an action by the reasonably available to answer class mem- $10,000 worth of securities. This should help Securities and Exchange Commission (‘‘Com- bers’ questions on any matter contained in stop a problem pointed to by several courts, mission’’ or ‘‘SEC’’) as attorneys’ fees or ex- the notice of settlement distributed to class in which ‘‘professional plaintiffs’’ who own penses unless otherwise ordered by the court. members. Subpart (4) permits the court, or a small amounts of stock in many companies Subsection 101(c) amends Section 21 of the guardian ad litem or plaintiff steering com- try to bring class action lawsuits whenever Exchange Act and adds seven new sub- mittee apointed by the court in accordance one of their investments goes down. sections. New subparagraph (i) of Section 21 with new Section 38 of the Exchange Act, to The bill clarifies how a lawyer should plead requires that the named plaintiffs of the require additional information in the notice a securities fraud claim. Plaintiffs’ lawyers class action be compensated in the same sent to class members. should have no trouble meeting these stand- manner as other members of the class. This New subparagraph (n) requires the court to ards if they have legitimate cases and have provision is not intended to bar reasonable looked at the facts. submit to the jury a written interrogatory compensation of such plaintiffs out of any on the issue of each defendant’s state of These provisions should ensure that de- common fund established for the class for frauded investors can recover damages more mind at the time of the alleged violation. costs and expenses relating to representation This provision applies only in actions in quickly, with less of their recovery drained of the class, such as lost wages or out-of- which the plaintiff, in order to recover off in lawyers’ fees. pocket expenses incurred due to deposition money damages, must prove that the defend- 2. SECURITIES LITIGATION AND FINANCIAL or trial testimony. ant acted with some degree of intent. REPORTING New subparagraph (j) requires a court to New subparagraph (o) requires that any Certain professional, like accountants, are determine whether an attorney who owns or singled out under the current litigation sys- has a beneficial interest in the securities plaintiffs who wish to obtain certification as tem simply because they are a deep pocket. that are the subject of the litigation may representatives of a class of investors must Their liability exposure under the current represent the class or whether such owner- collectively have owned during the period in system could drive them away from provid- ship or interest constitutes a conflict of in- which the violations occurred the lesser of 1 ing auditing services to many companies, es- terest which would disqualify the attorney. percent or $10,000 market value of the securi- pecially new companies and ‘‘high tech’’ New subparagraph (k) prohibits settle- ties which are the subject matter of the liti- companies. The bill establishes a liability ments under seal except by motion of one or gation. This requirement is comparable to a system for less culpable defendants that is more of the settling parties if those parties rule of the SEC concerning the minimum more fair and is linked to degree of fault. De- can show good cause why the court should holding required in order to seek to place a fendants who have acted egregiously would file under seal. ‘‘Good cause’’ exists only if shareholder proposal on an issuer’s proxy still be fully liable. Plaintiffs who have a net publication of a term or provision of the set- statement.1 However, that rule differs in worth of less than $200,000 and lose more tlement would cause direct and substantial that it applies to shareholders who own the than 10 percent of their net worth. harm to any person. This subparagraph is lesser of 1 percent of the securities or $1,000 At the same time, the bill establishes a necessary because it is not always possible market value of the securities, and it also self-disciplinary organization for account- to determine the outcome of class action contains minimum holding period require- ants under the direct supervision of the SEC. cases. Since class action litigation is imbued ments which are not included in this bill. This entity would be somewhat like self-reg- with a public purpose, information concern- Class certification is a significant step in ulatory organizations such as the New York ing the terms on which such cases are settled many securities cases, because it places a Stock Exchange or the National Association should be publicly available in most in- small group of investors in charge of claims of Securities Dealers. The net effect should stances. be a more direct and rational way of dealing asserted on behalf of a much larger group. New subparagraph (l) requires courts to de- This may create an incentive for plaintiffs with ‘‘bad apples’’ in the accounting profes- termine attorneys’ fees as a percentage of sion without punishing the entire profession. with nominal claims to seek class certifi- the amount of damages and prejudgment in- cation as a means of coercing other parties The bill also contains a provision which terest actually recovered by the class as a into settlement. Moreover, some cases have gives companies more freedom to make for- result of the attorneys’ efforts. The amount called attention to investors who appear to ward-looking statements in good faith. This awarded to class counsel cannot exceed a buy small amounts of stock in a number of responds to concerns expressed by many reasonable percentage of the amount recov- companies with the apparent intent of using companies that litigation ‘‘chills’’ voluntary ered by the class plus reasonable expenses. predictive statements about a company’s fu- This provision is intended to encourage those investments to mount class action 2 ture economic performance, even though courts to link the amount of attorneys’ fee lawsuits. that is exactly the sort of information that awarded to the result achieved for the class The purpose of this provision is to create a is good for investors and the market. and the degree of skill and effort required to minimum ‘‘standing’’ requirement for secu- 3. ENHANCING DETERRENCE OF FRAUD achieve that result. rities class actions in order to ensure that The bill extends the statute of limitations New subparagraph (m) requires proposed for implied actions to five years from the settlement agreements distributed to the Footnotes at end of article. S 1086 CONGRESSIONAL RECORD — SENATE January 18, 1995 the representatives of investor class mem- reasonable fees and expenses are to be appor- restrictions. However, counsel dismissed bers are not individuals who have only a tioned by the court among the parties. In other than for cause would be able to enforce nominal interest in the outcome of the liti- doing so, the Court may permit the guardian any contractual fee agreement or to apply to gation. This provision does not create any to recover his or her reasonable fees and ex- the Court for a fee award from any common obstacle to filing a lawsuit as a class action, penses from any fund established for the ben- fund established for the class. Section but simply addresses the standard for cer- efit of the class, but the guardian is to re- 38(d)(2) allows the committee to give pre- tifying a particular group of plaintiffs as in- cover reasonable fees and expenses whether liminary approval to settlement offers and vestor class representatives. or not such a fund is established. This should to seek approval of the settlement by a ma- Section 102—Alternative Dispute Resolution prevent any possibility that the guardian jority of the class if the benefit of seeking Procedure; Time Limitation on Private Rights might have a financial interest in supporting such approval outweighs the cost of solicit- of Action or opposing a settlement offer. This provi- ing approval from class members. Subsection 102(a) amends the Exchange sion also states that appointment of a guard- Section 38(e) provides that any person who Act by adding a new Section 36, which cre- ian shall not be subject to interlocutory re- is appointed as a guardian ad litem or mem- ates an alternative dispute resolution proce- view. ber of a plaintiff steering committee shall be dure for securities litigation under Rule 10(b) Section 38(b) permits the Court, as an al- immune from any liability as a result of of the Exchange Act. The section allows any ternative to appointing a guardian ad litem, such service. This immunity includes liabil- party to offer to proceed pursuant to any appoints a steering committee of class mem- ity for breach of fiduciary duty, liability voluntary nonbinding ADR procedure estab- bers within 10 days after class certification, under any provision of the Exchange Act or with the same powers as a guardian. Ap- lished or recognized by the courts within the any other federal statute or rule imposing pointment of the committee is also not sub- time period for answering the complaint, or, sanctions for conduct in the course of litiga- ject to interlocutory review. in cases certified as class actions, within 30 tion, or any other action taken in the course Section 38(c) provides that the plaintiff days after a guardian ad litem or plaintiff of acting as a fiduciary. This immunity steering committee shall consist of at least 5 steering committee is appointed. The court would not apply to any action taken by the may extend the period for responding to an willing class members who the court believes will fairly represent the class. Committee former guardian or committee member fol- ADR offer for up to 90 days to permit discov- lowing resignation or removal by the court. ery. members must have cumulatively held the lesser of 5 per cent of the securities which Section 38(f) clarifies that this section does If the courts recognize more than one type not override any other provision relating to of ADR, the parties may stipulate to the are the subject of the litigation, or securities which are the subject of the litigation with class actions or the authority of the court to type of ADR to be used. If the parties cannot a market value of $10,000,000. ‘‘Securities approve final settlements, such as under agree, the court must decide within 20 days which are the subject matter of the litiga- Rule 23 of the Federal Rules of Civil Proce- which method of ADR the parties will use. If tion’’ means securities which were held dur- dure. any party engages in dilatory or obstructive ing any time period when the class alleges conduct during the response period, the Section 104—Requirements for Securities Fraud that fraud was committed against any class court may extend the discovery period, deny Actions members. The $10,000,000 market value can the party further discovery or impose rea- be measured at any time between the time Section 104 adds a new Section 39 to the sonable fees and costs upon the party. when the class alleges that violations first Exchange Act. Section 39 specifies certain Should any party reject an offer to proceed occurred until the date the class is certified. pleading requirements for implied actions, as via ADR, or refuse to abide by the result of If the court determines that appointment of well as damage calculations to be utilized in an ADR proceeding, that party can exercise a committee which meets these require- securities fraud suits. The overall purpose of its right to litigate the case in federal court. ments is impractical, the court may appoint this section is to provide a filter at the However, the subsection requires the court a committee which meets a smaller percent- pleading stage to screen out allegations that to award fees and costs against that party if age test or dollar amount test which the have no factual basis, to provide a clearer the court enters judgment against the party court believes is reasonable. statement of the plaintiff’s claims, and to and the party asserted a claim or defense Under subsection 38(c)(2), named plaintiffs provide greater clarity about the scope of which was not substantially justified. As may serve on the committee, but may not the case. This section should not provide any with Section 36(a), this fee-shifting provision comprise a majority of the committee. barrier to meritorious cases, although in would not apply to a named plaintiff in a Under subsection 38(c)(3), committee mem- some instances it may require attorneys for class action case if he or she had never bers shall serve without compensation, but plaintiffs to exercise greater care in drafting owned more than $1,000,000 of the securities may apply to the court for reimbursement of their complaint. By requiring more specific- that are the subject of the dispute. reasonable out-of-pocket expenses from any ity in pleading, the amount of motions to The purpose of this section is to create a common fund established for the class. This dismiss and the amount of discovery should stronger incentive to use ADR in multi- differs from the compensation scheme for be reduced. For plaintiffs with strong cases, party securities litigation. Greater use of guardians, who can receive compensation for this should encourage faster recoveries with ADR should result in faster recoveries for de- their services. The reason for this distinction less expenditure for attorneys’ fees. frauded investors, and should also result in from guardians is two-fold: Committee mem- Section 39(a), which applies to implied ac- 3 smaller attorneys’ fees for all parties. bers should be sufficiently motivated to tions in which the plaintiff may recover Subsection 102(b) adds a new Section 37 to serve on the Committee by their economic money damages only on proof that the de- the Exchange Act. Section 37(a) creates a interest in the litigation and by their desire fendant acted with some degree of intent, re- new limitations period for implied private to obtain justice for themselves and other quires the plaintiff to allege in its complaint rights of action under the Exchange Act. The class members. Second, since the Committee specific facts demonstrating why the plain- subsection requires implied private rights of involves a larger number of people than a tiff believes that each such defendant had action to be brought not later than the ear- single guardian, compensating the Commit- such an intent. Blanket assertions of intent lier of five years after the violation occurred tee would be substantially more burdensome unconnected to any facts would be insuffi- or two years after the violation was discov- on the class and on other parties than would cient. ered or should have been discovered through compensating a guardian. Section 39(b) requires that a plaintiff who the exercise of reasonable diligence. Sub- Under subsection 38(c)(4), the committee alleges that the defendant made an untrue section 38(b) requires the new limitations pe- would conduct previously scheduled meet- statement of a material fact or omitted to riod to apply to all proceedings pending on ings with at least a majority of committee state a material fact necessary to make or commenced after the date its enactment. members present in person or by electronic statements made not misleading must speci- Section 103—Guardians Ad Litem and Plaintiff communication. All matters must be decided fy in the complaint each statement alleged Steering Committees by majority vote of all members, except de- to have been misleading, the reason or rea- Section 103 adds a new Section 38 to the cisions on matters other than whether to ac- sons why the plaintiff believes the statement Exchange Act. Section 38 requires courts to cept or reject a settlement offer or to hire or was misleading, and, if an allegation regard- ensure that a plaintiff class has adequate fire counsel. Those decisions may be dele- ing such statements is made on information control over its attorneys by either appoint- gated to one or more members of the com- and belief, the plaintiff must state all infor- ing a guardian ad litem when a plaintiff class mittee or voted upon by members seriatim, mation on which his or her belief is formed. is certified, or creating a plaintiff steering without a meeting. Subsection 38(5) allows Section 39(c) clarifies that in implied ac- committee in securities class actions to give any class member who is not a member of tions based on the ‘‘fraud in the market’’ the class greater control over the lawsuit. the committee to appear and be heard by the theory, while the plaintiff need not show Section 38(a) requires courts to appoint a court on any issue in the case. that he or she specifically relied on any al- guardian ad litem within 10 days of certify- Section 38(d) enumerates the functions of leged misstatement or omission, plaintiff ing a plaintiff class. The guardian ad litem is guardians ad litem and plaintiff steering has the burden of showing that the to direct counsel for the plaintiff class or committees. Guardians and Committees misstatement or omission caused the loss. perform such other functions as the court have the same powers permitted to clients in This means that plaintiff must establish may specify. The guardian ad litem is to be other litigation, including the power to hire that it was the defendant’s misstatement or selected from one or more lists submitted by and fire counsel, reject settlement offers and omission, rather than some intervening fac- the parties or their counsel. The guardian’s accept settlement offers, pursuant to some tor, which established the market price at January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1087 which the plaintiff purchased or sold the se- discovery would be substantially unfair to Subsection 41(e) prevents disclosure of the curities in question. the plaintiff or any other party. formula for allocation of damages and the Subsection 39(d) sets out an upper limit for Section 202—Fraud Detection and Disclosure procedure for reallocation of uncollectible damage calculations to be used in cases of Section 202(a) amends the Exchange Act to shares to the jury. material misstatements or omissions where create a new Section 10A. Section 10A would Subsection 41(f) provides that a defendant the plaintiff claims to have bought or sold codify certain auditing standards for the de- who enters into a settlement of an implied based upon the ‘‘fraud on the market’’ the- tection of financial fraud by auditors, and right to action is discharged from any claim ory. Plaintiff’s damages in these cases may would require auditors to report directly to for contribution by any other potential de- not exceed the lesser of (i) the difference be- the Commission any financial fraud discov- fendants. This subsection also clarifies that tween the price paid by the plaintiff for the ered during an audit engagement. This provi- a settlement prior to a verdict or judgment security and the market value immediately sion also would shield auditors from private shall reduce the verdict or judgment against after dissemination to the market of infor- liability for the contents of such a report. other defendants by the greater of (i) the mation which corrects the misstatement or This provision is substantially similar to amount that corresponds to the settling per- omission, or (ii) the difference between the H.R. 574 and S. 630, both titled the ‘‘Finan- son’s degree of responsibility, and (ii) the price paid by the plaintiff for the security cial Fraud Detection and Disclosure Act.’’ amount paid to the plaintiff by that person. and the price at which the plaintiff sold the Section 41(g) clarifies that contribution security after dissemination of correcting in- Section 203. Proportionate Liability and Joint shall be determined based on the degree of formation. The purpose of this provision is and Several Liability responsibility of the claimant and each per- to provide greater certainty about the upper Section 203(a) amends the Exchange Act to son against whom a right of contribution is limit of damage exposure for cases in which create a new Section 41. Section 41(a) speci- asserted. Subsection 41(h) requires liable de- the range of possible damage calculations fies that this provision only applies to the fendants to bring contribution actions with- tends to be substantial, leading to complex allocation of damages among persons who in six months after the date that the judg- battles between expert witnesses over dam- are or may become liable in an implied right ment against the defendant becomes final age estimates. This provision also takes into of action under the Exchange Act. unless the defendant made additional pay- account the fact that plaintiffs’ damages are Section 41(b) applies joint and several li- ments of uncollectible liability under sub- sometimes mitigated when the stock price ability against primary wrongdoers, persons section 41(d). In cases where the defendant recovers soon after an adverse announce- who commit knowing securities fraud, and made additional payments, the defendant ment. those who control any primary wrongdoer or must bring the contribution action within Section 105—Amendment to the Racketeer person who commits knowing securities six months after the additional payment was Influenced and Corrupt Organizations Act fraud. Section 41(b)(2) defines the terms ‘‘pri- made. mary wrongdoer’’ and ‘‘knowing securities Section 105 amends Section 1964(c) of Title Section 203(b) provides that Section 41 fraud.’’ 18 of the United States Code (the ‘‘Racketeer shall only apply to actions commenced after In cases where more than one person is Influenced and Corrupt Organization Act’’ or the enactment date of this Act. found to have contributed to an act of secu- ‘‘RICO’’). Section 106 eliminates private ac- rities fraud, subsection 41(c) requires the Section 204—Public Auditing Self-Disciplinary tions for securities fraud under the ‘‘civil finder of fact to determine the degree of re- Board RICO’’ provisions of Title 18. sponsibility of each party. The finder of fact Section 204 amends the Exchange Act and TITLE II—FINANCIAL DISCLOSURE must specify the plaintiff’s total amount of adds a new Section 13A. Section 13A creates Section 201—Safe Harbor for Forward-Looking damages, and the degree of responsibility of a self-disciplinary board for public auditors. Statements each defendant, measured as a percentage of Section 13A(a) supplies definitions for key Subsection 201(a) requires the SEC, in con- the total fault of all those liable for the vio- terms to be used throughout the section. sultation with investors and issuers of secu- lation. In determining the degree of respon- Subsection 13A(b) requires the SEC to es- rities, to consider adopting or amending sibility, the subsection requires the finder of tablish a Public Auditing Self-Disciplinary rules, or making legislative recommenda- fact to consider the nature and conduct of Board (‘‘Board’’) within 90 days after the tions, concerning criteria which the Com- each person and the causal relationship be- date of the enactment of section 13A. The mission finds are appropriate for the protec- tween the conduct and the plaintiff’s dam- Commission shall designate an entity to tion of investors, and which issuers may rely ages. serve as the Board if control of such entity upon to ensure that their forward-looking Subsection 41(d) creates a system of pro- is vested in members of the Board selected statements concerning their future economic portionate liability for those who are not under Section 13A(c) and if the entity meets performance will be deemed not to violate jointly and severally liable under section other enumerated criteria. the Exchange Act. This provision also re- 41(b). Section 41(d) holds such defendants lia- Subsection 13A(c) specifies that the Board quires the Commission to consider rule-mak- ble for their proportionate share of damages. will be composed of three SEC-appointed ing or legislative recommendations for pro- If a plaintiff is unable to collect the propor- members and four elected members. For the cedures by which courts shall timely dismiss tionate share of any defendant’s liability appointed members, the Chairman of the claims based on forward-looking statements within six months after the final judgment, SEC shall make the initial appointments in of issuers of such statements meet any cri- subsection 41(d) reallocates the uncollectible consultation with other members of the teria set by the Commission pursuant to this share. If the plaintiff is an individual with a Commission within ninety days after enact- subsection. net worth of under $200,000, and his or her re- ment. After initial appointments, the Board Subsection 201(b) amends the Exchange coverable damages are more than 10 per cent will appoint members to fill vacancies in Act by adding a new Section 40. Under new of that net worth, all of the remaining de- these three slots, subject to SEC approval. Section 40(a), an implied private action fendants are jointly and severally liable for For elected members, subsection 13A(c)(1), under the Exchange Act alleging that a for- all of the plaintiff’s damages. paragraph (B) requires that within 120 days ward-looking statement concerning the fu- Otherwise, where damages are after the 3 initial Board members are ap- ture economic performance of an issuer was uncollectible from one or more defendants, pointed, if an entity has been designated as materially false or misleading, the court the defendants as to whom proportionate li- the Board under Section 13A(b), that entity would be required to grant a stay of discov- ability applies will be liable for their propor- shall conduct an election of 4 initial Board ery concerning the claims or defenses of a tionate share of plaintiff’s damages, plus the members. The election shall be conducted party if that party made a motion for such a greater of (i) their proportionate share of the under interim election rules proposed by the stay in accordance with Section 40(b). Sec- uncollectible damages, or (ii) five times the entity and approved by the 3 appointed mem- tion 40(a) also sets out certain matters to be amount which that defendant gained from bers and the Commission. If no entity has considered by the Commission in developing the conduct which gave rise to the liability. been designated by the Commission under any such rules or legislative recommenda- If the defendant did not obtain a direct fi- Section 13A(b), the 3 appointed members tions. nancial gain from its conduct, and the con- shall adopt interim rules providing for the Section 40(b) states that such a stay shall duct giving rise to its liability consisted of election of the 4 initial elected members. In apply in connection with any motion for deficient services, the latter measurement either event, the election of the 4 elected summary judgment made by a defendant as- would be five times the defendant’s gross members shall occur within 120 days after serting that the forward-looking statement revenues from its entire economic relation- the appointment of the 3 initial members, was within the coverage of any rule of the ship with any other entity involved in the the initial election shall be by persons who Commission concerning such statements. violation during the calendar years in which are certified public accountants and who are However, Section 40(b) requires that plaintiff the defendant provided deficient services. associated with public accounting firms, and have at least 60 days to conduct discovery Under Section 41(d)(4) and (5), defendants the persons elected shall be subject to ap- before such a summary judgment motion is who become liable for another defendant’s proval by the Commission. After the initial made. Section 40(c) permits the court to ex- uncollectible share would have a right of elections, elections for the 4 elected member tend the time for plaintiff to conduct discov- contribution against the defendant origi- slots must be by persons associated with ery, or to deny a stay of proceedings, if the nally liable for the payment or any other public accounting firms who are certified party making the motion engaged in dila- person responsible for the fraudulent con- public accountants, and the persons elected tory or obstructive conduct, or if a stay of duct. are subject to SEC approval. S 1088 CONGRESSIONAL RECORD — SENATE January 18, 1995 Subsection 13A(c)(2) requires that four Section 13A(f) sets out the duties of the ciated with the firm without Board or SEC members of the Board, including the Chair- Board. The Board must establish fair proce- approval. man, must not have been associated with a dures for investigating and disciplining reg- Section 13A(f)(4) requires the Board to re- public accounting firm during the 10-year pe- istered firms and persons associated with port sanctions to the SEC, the appropriate riod preceding their appointment. Three of them for violations of the Federal securities foreign or state licensing boards or any the elected members are required to be asso- laws, their rules and regulations, the Board’s boards with which the firm or person is li- ciated with a public accounting firm reg- rules or professional standards in connection censed or certified to practice public ac- istered with the Board. with the preparation of an accountant’s re- counting, and to the public. The report must Subsection 13A(c)(3) requires the Chairman port on a financial statement, report or include the name of the firm or associated of the Board to serve on a full-time basis, un- other document filed with the SEC. person, a description of the acts, practice or less the SEC otherwise authorizes, and to Section 13A(f)(2) allows the Board to con- omissions, the nature of the sanctions, and sever all business ties with his or her former duct an investigation of any illegal act, prac- any other information on the circumstances firms prior to serving on the Board. tice or omission by a registered firm or an of the disciplinary action as the Board deems Subsection 13A(c)(4) requires that each associated person in connection with the appropriate. member of the Board will serve a four-year preparation of documents filed with the SEC. Section 13A(f)(5) concerns the term or until a successor is appointed, Section 13A(f)(2), paragraph (B) empowers discoverability and admissibility of material whichever is later. However, those members the Board to require the testimony of any related to the Board’s disciplinary process in appointed to fill a vacancy created by a person associated with a firm with respect to civil litigation. It is intended to ensure that member’s departure prior to the expiration any matter the Board considers material or the Board’s disciplinary process does not of her term will only be appointed for the re- relevant. The Board also can require the pro- mainder of the term. Pursuant to section duction of audit workpapers or any other interfere with private actions for damages 13A(c)(4), initially selected Board members’ document possessed by a registered firm or relating to conduct within the Board’s juris- terms will expire on a staggered basis until any associated person that the Board consid- diction and, at the same time, that private all initial members have been replaced by ers relevant or material, including the books damages actions do not interfere with the members appointed according to the terms and records of the firm to verify the accu- Board’s disciplinary process. The intention of the section. racy of any document supplied. The Board of this section is that plaintiffs should not be Section 13A(c)(5) requires the Board to pro- also has the power to request the testimony deprived of access to any material that they pose and adopt rules providing for the ad- of any person, including a firm’s client, and can obtain from public accounting firms ministration and operation of the Board, in- the production of any documents they pos- under current law. Similarly, the Board it- cluding appointment and election of mem- sess that the Board deems material or rel- self, and materials specifically created by bers, the selection of a chairperson, and com- evant. others in connection with the Board’s dis- pensation of Board members. The Board also Section 13A(f)(2), paragraph (C) provides ciplinary procedure, would be kept separate must adopt rules concerning the appoint- that if any person associated with a public from the civil liability system. ment and compensation of other employees, accounting firm refuses to produce docu- Section 13A(f)(5)(A) provides that except as attorneys and consultants deemed necessary ments or otherwise comply with a Board re- provided in subparagraph (B), all documents and appropriate to carry out the board’s quest, the Board may suspend or bar the per- prepared, collected or received by the Board functions. The Board must create rules for son from associating with any registered and the deliberations of the Board in connec- the registration of public accounting firms, firm or hand down any other sanction the tion with an investigation or disciplinary and rules governing the Board’s duties. Board deems appropriate. The refusal of any proceeding are not subject to any form of Subsection 13A(d) provides the Board with registered public accounting firm to produce compulsory discovery. This subparagraph power to assess and collect registration fees documents or otherwise cooperate with the does not apply to information provided to and annual dues from each public accounting Board also is cause for suspension or revoca- the Board that would have been subject to firm registered with the Board. These fees tion of the registration. must be sufficient to cover the costs and ex- discovery from the person or entity that pro- If the Board cannot complete or conduct penses of the Board and permit the Board to vided it to the Board, but is no longer avail- its investigation because of the refusal of operate on a self-financed basis, and will be able from that person or entity. This does any client to comply, Section 13A(f)(2), para- based upon the annual revenues of each firm not limit the Board’s authority to provide graph (D) requires the Board to report the from accounting and auditing services, the public access to disciplinary proceedings. refusal to the SEC. The SEC then may des- number of persons associated with the firm, Section 13A(f)(5)(B) provides that all docu- ignate one or more officers of the Board to the number of clients the firm furnishes with ments prepared, collected or received by the be granted nationwide subpoena power. This accountant’s reports, and other criteria the Board and the deliberations and other pro- Section also authorizes the Board to refer Board establishes. ceedings of the Board in connection with an Subsection 13A(e) requires all public ac- any investigation to the SEC. investigation or disciplinary proceeding counting firms which furnish accountants re- Section 13A(f)(2), paragraph (E) grants im- shall be inadmissible in any state or federal ports with respect to documents filed with munity to any Board member who carries court or any administrative agency. the SEC to register with the Board within out an investigation or disciplinary proceed- Section 13A(f)(5)(C) creates an exception to one year after all members of the Board have ing under this Section from civil liability subparagraphs (A) and (B) so that all infor- arising out of the investigation or discipli- been selected. mation referred to in those subparagraphs is nary proceeding in the same manner as any Each public accounting firm that performs available to the SEC and any other Federal other federal Government employee in simi- such services must apply for registration agency and admissible in any action brought lar circumstances. with the Board. Each application must con- by the Commission or other Federal agency Section 13A(f)(3) allows the Board to im- tain the names of all clients of the firm for to the same extent it would be available and plement procedures to determine if discipli- which the firm provides accountant’s re- admissible under current law. This informa- ports. nary measures should be taken against a firm or its associated persons. In determin- tion shall also be available to state licensing The application must also list financial in- boards under certain circumstances. formation of the firm for the most recent fis- ing whether a person or firm should be dis- ciplined, the Board must bring specific Section 13A(f)(6) allows state licensing cal year, including assets, liabilities and an- boards limited participation in Board ac- nual revenues from accounting and auditing charges, notify the firm or associated per- tions. When the Board institutes an inves- services, a statement of the firm’s policies sons of the charges, give the parties an op- tigation it shall notify the State licensing and procedures with respect to quality con- portunity to defend against the charges, and board in the States in which the public ac- trol of its accounting and auditing practice, keep a record of such actions. Upon a finding information relating to criminal, civil or ad- of a violation, the Board may impose any counting firm or auditor engaged in the act ministrative actions or disciplinary proceed- disciplinary sanctions as it deems appro- or failure to act that is the subject matter of ings pending against the firm or any of its priate, including those enumerated in sub- the investigation and invite the state licens- members and any other information the section 13A(f)(3), part (B). ing boards to participate. If the state licens- Board deems necessary or appropriate that is Section 13A(f)(3), paragraph (C) requires ing board elects to participate, it shall do so reasonably related to the Board’s respon- the Board to file a written statement in sup- pursuant to rules established by the Board. sibilities. port of a determination to impose sanctions. If the State board disagrees with the The registered firms must update their ap- The statement must set forth the illegal act Board’s determination, it may seek review of plication information annually. Finally, the or practice, the specific law, regulation, that determination by the Commission pur- subsection allows the Board or SEC to ex- Board rules or professional standards vio- suant to procedures that the Commission empt any firm or class of firms, accountant’s lated, the sanction imposed, and the reasons shall specify by regulation. However, this report or class of reports from any provision therefor. Section prohibits state licensing boards from of the section, if the SEC finds the exemp- Section 13A(f)(3), paragraph (D) prohibits instituting its own proceeding until after the tion consistent with the public interest, the any person suspended or barred by the Board Board’s determination has become final. protection of investors and the purposes of from willfully associating with a registered Section 13A(f)(6), paragraph (C) provides the section. The Board may designate por- firm without Board or SEC permission. that if the State board elects not to partici- tions of the filings as confidential and privi- Firms may not knowingly permit suspended pate in the Board’s investigation, it shall not leged. or barred persons to become or remain asso- institute its own investigation or proceeding January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1089 in the matter until after the Board’s deter- approve a rule change until the 30-day period member from office if, after notice and op- mination has become final. after the notice of the proposed change is portunity for hearing, the SEC determines Section 13A(f)(6), paragraph (D) provides filed, unless the SEC finds good cause to do that the member willfully violated any pro- that if the Board or Commission imposes a so and publishes its reasons. vision of the Federal securities laws or the sanction upon a public accounting firm or Section 13A(h)(1), paragraph (C) allows a Board’s rules, abused the member’s author- auditor, and that determination either is not proposed rule change to take effect upon fil- ity or failed to enforce compliance with any subjected to judicial review or is upheld on ing with the SEC if the Board designates it professional standard of conduct by any firm judicial review, the state licensing board as constituting a stated policy, practice or or associated person without reasonable jus- may impose a sanction on the basis of the interpretation of an existing Board rule, es- tification or excuse. Board’s report. Any sanction imposed by the tablishing or changing a due, fee or other Section 13A(i) requires foreign accounting state licensing board on this basis shall be Board-imposed charge, or concerned solely firms to register with the Board if they fur- inadmissible in any proceeding in any State with the administration of the Board. The nish the same types of services as domestic or Federal court or administrative agency SEC may put a change into effect summarily firms required to register under Section 13A. except to extent provided in paragraph if such action is necessary to protect inves- The SEC may exempt foreign firms from the (5)(D). tors. The Board may enforce such changes to provisions of this section if exemption is Section 13A(f)(6), paragraph (E) provides the extent they are not inconsistent with the deemed consistent with the public interest that if no sanction is imposed by the Board Federal securities laws, their rules and regu- and the protection of investors. or the SEC, the state licensing board may lations, and applicable State and Federal Registration pursuant to this subsection not impose a sanction if it chose to partici- law. The SEC may summarily abrogate shall not be itself provide a basis for subject- pate in the investigation. If the State board changes in the rules by the Board if it ap- ing foreign accounting firms to the jurisdic- chose not to participate in the investigation, pears to the SEC that such action is nec- tion of the federal or state courts. paragraph (5)’s rules on discovery and admis- essary to the public interest, for the protec- Under Section 13A(j), neither the Board, sibility apply to subsequent State board pro- tion of investors, or in furtherance of federal any member of the Board nor any person as- ceedings. The Section also denies State or state laws. sociated with a public accounting firm shall boards access to the record of the proceeding Section 13A(h)(2) also allows the SEC to be subject to suit under any antitrust law for before the Board, and that record is inadmis- amend the Board’s rules if the SEC deems any act of the Board of any failure to act by sible in any State board proceeding. the action necessary or appropriate to the the Board. ‘‘Antitrust law’’ means the Fed- Section 13A(g) requires the Board to pro- fair administration of the Board, to conform eral Trade Commission Act and each statute mote a high level of professional conduct its rules to requirements of the Federal secu- defined by Section 4 thereof as ‘‘Antitrust among registered public accounting firms, to rities laws by following certain procedures Acts’’ and all amendments to such act and improve the quality of audit services those adopted from the Administrative Procedure such statutes and any other federal Acts or firms provide, and to protect investors and Act. The SEC must publish notice of the pro- state laws in pari materia. promote the public interest. posed rulemaking in the Federal Register, Section 13A(k) provides that all audits of Section 13A(g)(2) mandates that the Board give interested persons an opportunity to an issuer’s financial statements required require public accounting firms subject to comment, and incorporate the text of its under the Exchange Act shall be in accord- its disciplinary authority to be members of a amendment to the rules of the Board with a ance with generally accepted auditing stand- Board-certified professional peer review or- statement of the basis and purpose of the ards. It also clarifies that the Commission ganization. To qualify the peer review orga- amendment. can modify or supplement such standards, nization must require a public accounting The SEC also may adopt regulations pursu- and that the Commission may defer to pro- firm to undergo peer review at least once ant to section 553 of title 5 of the United fessional standards promulgated by private- every three years and publish the results of States Code for rulemaking not on the sector organizations that are generally ac- the peer review. It must have standards re- record. Amendments to the Board’s rules by cepted by the accounting or auditing profes- lating to audit service quality control that the SEC are deemed Board rules and not sion. are acceptable to the Board. Violation by a rules of the SEC. Section 13A(l) declares that nothing in Sec- public accounting firm or auditor of a rule of Section 13A(h)(3) requires the Board to the peer review organization shall constitute promptly notify the SEC if the Board im- tion 13A impairs or limits the SEC’s author- grounds for imposition of disciplinary sanc- poses a final disciplinary sanction on a reg- ity over accountants, to set standards for ac- tions and denial to the public accounting istered firm or associated person. The Com- counting or auditing standards or to take ac- firm or auditor the privilege of appearing be- mission may review the action on its own tion against any firm or associated person. fore the SEC. motion or the motion of any aggrieved party FOOTNOTES Section 13A(g)(3) provides that all reports, filed within 30 days after the Board’s notice 1 memoranda and other information provided is filed with the SEC and received by the ag- See 17 C.F.R. § 240.14a-8. 2 For example, in one such case the Court found to the Board for the purpose of creating the grieved party. that due to a ‘‘consistent pattern of purchasing a procedures are confidential unless confiden- Section 13A(h)(4) requires the Commission few shares in troubled companies [and] Plaintiff’s tiality and privilege are expressly waived by to affirm the Board’s sanction, modify it or involvement in over two dozen lawsuits,’’ ‘‘the Court the proper parties. remand to the Board for further proceedings finds clear evidence that Plaintiff’s purchasing Section 13A(h) gives the SEC oversight of if upon review of the sanctions, the SEC de- stock in troubled companies to possibly pursue liti- the Board. Section 13A(h), paragraph (1) re- termines that the firm or person engaged in gation is a serious defense likely to become the quires the Board to file copies of proposed the acts, practices or omissions that the focus of the litigation to the detriment of the class.’’ Shields v. Smith, [1991–92 Transfer binder] Fed. Board rule changes or deletions with the Board alleges, that such acts, practices or Sec. L. Rep. (CCH) ¶97,007, at 91,967–68 (N.D. Cal. Nov. SEC pursuant to rules to be promulgated by omissions violated the Federal securities 4, 1991). See also Cooperman v. Fairfield Communities, the SEC, along with a concise statement of laws, the Board’s rules or professional stand- Inc., No. LR–C–90–164, slip op. at 9 n.1 (E.D. Ark., the basis and purpose of the proposed ards, and such laws are consistent with the filed June 26, 1991); Hoexter v. Simmons, 140 F.R.D. change. The SEC then must publish notice of purposes of the Federal securities laws. If 416, 422–23 (D. Ariz. 1991). the change and give interested persons an the SEC does not make such findings, it 3 The Committee on Commerce, Science, and opportunity to submit comments. The Board must set aside the sanctions and remand to Transportation recently voted out of Committee a cannot make changes without Commission the Board if appropriate. If the SEC finds comparable measure concerning alternative dispute resolution procedures. See the ‘‘Product Liability approval. that a sanction imposed by the Board bur- Fairness Act,’’ S. 687 [Report No. 103–203], November Not later than 35 days after the SEC pub- dens competition unnecessary or inappropri- 20, 1993. The report accompanying S. 687 stated that lishes notice of the change, or within 90 days ate in furtherance to the purposes of the its provision on Alternative Dispute Resolution was if the SEC so designates, the SEC must ap- Federal securities laws or is excessive or op- intended to reduce delay and undercompensation of prove the change or institute proceedings to pressive, the SEC may cancel, reduce or re- victims. See Product Liability Reform Act, Report determine whether the change should be dis- quire the remission of the sanctions. of the Senate Committee on Commerce and Trans- approved. Disapproval proceedings must in- Section 13A(h)(5) requires the Board to portation, [Report No. 103–203], November 20, 1993, at clude notice of the grounds for disapproval comply with Federal securities laws and its 6–7. under consideration and an opportunity for a own rules and enforce compliance with those hearing. The proceedings must be concluded laws and with professional standards. The [From the Wall Street Journal, Jan. 11, 1995] not later than 180 days after the publication SEC may relieve the Board of any respon- of notice and filing of the proposed change. sibility under Section 13A to enforce compli- JUDGES SHOW GROWING SKEPTICISM IN CLASS- At the end of the proceedings, the SEC must ance with the above laws or standards. ACTION SECURITIES CASES approve or disapprove the change or extend Section 13A(h)(6) allows the SEC to cen- the time for conclusion of the proceedings sure or limit the activities, functions or op- (By Junda Woo) pursuant to subsection 13A(h), paragraphs erations of the Board if the SEC finds that The dismissal last week of a shareholder (1)(B)(ii) (I) and (II). the Board violated or is unable to comply or suit against Philip Morris Cos. is the latest Section 13A(h)(1), paragraph (B)(iii) re- has failed to enforce compliance by a reg- sign that some judges are growing impatient quires the SEC to approve the change if it istered firm or associated persons with any with securities class action litigation. finds that it is consistent with the Federal provision of the Federal securities laws, the In dismissing allegations that Philip Mor- securities laws and disapprove it if it does Board’s rules or professional standards of ris misled shareholders in the months before not make such a finding. The SEC may not conduct. The SEC also may remove a Board announcing its 1993 Marlboro price cut, U.S. S 1090 CONGRESSIONAL RECORD — SENATE January 18, 1995

District Judge Richard Owen in Manhattan my good friend Senator DOMENICI. sult of court decisions rather than leg- criticized the plaintiffs’ attorneys. Two sepa- eighteen of our colleagues are joining islative action. The most important rate suits, later consolidated with eight oth- us as original cosponsors. private right of action for defrauded in- ers, ‘‘contained identical allegations, appar- ently lodged in counsel’s computer memory In the year since we last introduced vestors has long been section 10(b) of of ‘fraud’ from complaints that the defend- this legislation, the process by which the Securities Exchange Act. Private ants here engaged in conduct ‘‘to create and private individuals bring securities actions under that provision were prolong the illusion of (Philip Morris’) suc- lawsuits has received enormous scru- never expressly set out by Congress, cess in the toy industry,’’ he said. tiny. I am happy to say that as a result but have been construed and refined by Judge Owen also noted with disapproval of this increased focus in the media and courts, with the tacit consent of Con- that the original suits, in which plaintiffs in the investor and business commu- had sought class-action status, were filed ei- gress. ther on the day of Philip Morris’s announce- nity, the debate has shifted. We are no This lack of congressional involve- ment, known as Marlboro Friday, or the fol- longer arguing about whether the cur- ment in shaping the contours of pri- lowing Monday. He expressed disbelief that rent system is in need of repair. The vate litigation has created uncertainty shareholders of the tobacco, food and beer discussion is now centered on how best about legal standards and unwarranted giant would have landed on attorney’s door- to fix it. opportunities for abuse of investors steps so quickly. Even those who 1 year ago were un- and companies. Last Congress, my Se- And he quoted from similar rulings by willing to admit that the system need- curities Subcommittee held several other judges, including a 1991 ruling dismiss- ed to be reformed, now concede that ing a complaint against Citicorp that said, days of hearing on securities litigation. ‘‘The complaint creates the strong impres- substantial changes are needed. In my view, the fact that there is finally con- These hearings documented a number sion that when Citicorp announced a cut in of glaring problems with the current dividends, plaintiff’s counsel simply stepped sensus about the need for securities to the nearest computer console, conducted a litigation reform is enormously signifi- system. global Nexis search, pressed the ‘Print’ but- cant. Because this consensus now ex- First, securities class action cases ton, and filed the product as their com- ists, I believe we will see comprehen- are vulnerable to abuses by ‘‘entre- plaint.’’ Judge Owen couldn’t be reached for sive legislation enacted this Congress. preneurial’’ lawyers who put their own comment. With the introduction of this bill, we interests ahead of their clients. Many But Melvyn L. Weiss, a partner at one of critics charge that plaintiffs’ attorneys the firms that filed the Philip Morris suit, begin the process to develop the best said the plaintiffs plan an appeal. ‘‘The law legislative solutions. appear to control the settlement of the is very clear that an investor is entitled to This bill is by no means the final case with little or no influence from ei- know all facts that they would want to know word on the matter. In the last year, ther the named plaintiffs or the larger in making their decision,’’ he said. ‘‘You can hearings have been held in both Houses class of investors. remain silent, but when you speak, you have of Congress. Numerous studies of have For example, in one case which was to tell the whole truth.’’ The plaintiffs had cited to the subcommittee by a lawyer contended that New York-based Philip Mor- been completed, including a com- ris led analysts to believe that it wouldn’t prehensive report by my securities as a showcase of how the system works, cut the price of its flagship Marlboro brand. Subcommittee staff. Every word of the the case was settled before trial for $33 ‘‘I have enough of a reputation without legislation has received in-depth analy- million. The lawyers asked the court going around filing suits that I don’t believe sis. In addition, there have been a num- for more than $20 million of that in,’’ Mr. Weiss added. ‘‘I would never pursue ber of judicial decisions which have al- amount in fees and costs. The court a case like this, especially against a worthy tered the private securities litigation awarded the plaintiffs’ lawyers over $11 adversary, without a profound belief in the integrity of the case.’’ landscape. The most significant of million and lawyers for the company $3 In addition to Mr. Weiss’s firm, Milberg these was the U.S. Supreme Court De- million. Investors recovered only 6.5 Weiss Bershad Hynes & Lerach, other law cision last year in Central Bank of percent of their recoverable damages. firms representing the plaintiffs were Abbey Denver versus First Intereststate Bank A second area of abuse is frivolous & Ellis and Barrack, Rodos & Bacine. of Denver, which eliminated private li- litigation. We have heard complaints Nevertheless, Judge Owen isn’t the only ability for those who aid and abet secu- from companies, especially in the high- one worried about class-action securities rities fraud. suits. Sens. Pete Domenici, a New Mexico technology sectors, that they face Republican, and Christopher Dodd, a Con- Many constructive suggestions have groundless securities litigation days or necticut Democrat, are expected to reintro- been made about ways to improves the even hours after adverse earnings an- duce a bill that would put the brakes on legislation. The fact that we have not nouncements. Courts have echoed this some alleged abuses in securities litigation. incorporated these changes to last concern. As the Supreme Court pointed Its provisions include a higher legal standard years proposal should not be taken as a out in Blue Chip Stamps versus Manor for claiming securities fraud and a sign that we are unwilling to modify Drug Store: nonbinding arbitration mechanism for secu- our bill. We simply preferred to begin rities litigation. [I]n the field of federal securities laws gov- ‘‘In my opinion, it’s most of them that are this year where we left off last year so erning disclosure of information, even a frivolous—not just a lot, but most,’’ said as not to create additional controversy complaint which by objective standards may Jonathan R. Macey, a Cornell University law or confusion. I am eager to work with have very little success at trial has a settle- professor who advocates having plaintiffs’ my colleagues to refine and perfect the ment value to the plaintiff out of any pro- lawyers bid to work on such cases, with the proposal as it moves through the proc- portion to its prospect of success at trial so money going to the plaintiffs. ‘‘The facts ess. As I have stated before, I would be long as he may prevent the suit from being show that every time a firm’s share price willing to address the Bank of Denver resolved against him by dismissal or sum- drops by enough that it’s profitable for decision as part of our deliberations. mary judgment. The very pendency of the plaintiffs lawyers to bring a lawsuit, they lawsuit may frustrate or delay normal busi- do.’’ I cannot overstate how critical secu- rities lawsuits brought by private indi- ness activity of the defendant which is to- John L. Coffee, Jr., a Columbia University tally unrelated to the lawsuit. law professor, says ‘‘some of the judges are viduals are to ensuring the integrity of very skeptical of particular law firms’’ be- our capital markets. As an important The net effect of private litigation cause some of them bring so many share- back-up to Government enforcement under the Federal securities laws has holder suits. He adds that ‘‘about nine firms’’ actions, these private actions help been to weaken the financial disclosure bring more than half of the suits that are deter wrongdoing. When the system is system on which our capital markets filed. depend. The accounting profession, Federal judges sometimes try to dismiss working well, it helps to ensure that shareholder suits early on because they are corporate officers, auditors, directors, which is at the heart of the Financial so time-consuming, Prof. Coffee said, but ap- lawyers and others properly perform Disclosure System, has warned that be- pellate courts have reined in any attempts to their jobs. Private litigation is an in- cause of the doctrine of joint and sev- broadly throw out securities suits.∑ dispensable tool with which defrauded eral liability, accountants face poten- ∑ Mr. DODD. Mr. President, I introduce investors can recover their losses with- tial liability which could destroy the the Private Securities Litigation Re- out having to rely on Government ac- ability of independent auditors to re- form Act of 1995. This bipartisan pro- tion. view financial disclosure by companies. posal is identical to the legislation I Private securities litigation has We need to rationalize the current introduced in the 103d Congress with evolved over the years mainly as a re- framework for assessing liability so it January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1091 is fairer and doesn’t simply create an tion lawsuits whenever one of their in- limitations to 2 years after the viola- incentive to sue those with the deepest vestments goes down. tion was or should have been discov- pockets. Unlimited liability is simply The bill clarifies how a lawyer should ered, and 5 years after the violation oc- not the most effective deterrent of plead a securities fraud claim. Plain- curred. It also puts the investor in the wrongdoing. We need to more directly tiffs’ lawyers should have no trouble driver’s seat to control the litigation police the conduct of professionals like meeting these standards if they have and recover more of their damages. accountants and do so in a more effec- legitimate cases and have looked at My constituents have told me that tive manner. the facts. some attorneys are paying stock bro- LEGISLATIVE SOLUTIONS These and other reforms should end kers and others a bounty in return for The bill contains three major initia- the race to the courthouse by lawyers identifying who they should sue. High- eager to file a case without investigat- tives to deal with these problems: technology companies, their account- ing the facts or finding a real client. First, it empowers investors so that ants, and others are being lumped into they—not their lawyers—have greater 3. SECURITIES LITIGATION AND FINANCIAL these securities lawsuits that are filed REPORTING control over class action cases. at the courthouse just hours after a The accounting profession has argued Second, it limits opportunities for change in the stock price. that accounting firms are unfairly sin- frivolous litigation. I am opposed to the race-to-the gled out under the current litigation Third, it rationalizes the professional courthouse mentality that ends up in system simply because they are a deep liability of accountants in exchange for needless lawsuits that have huge litiga- pocket. They claim that their liability stronger regulation. tion costs for firms that should be fo- exposure under the current system In addition, the bill incorporates cused on creating jobs. could drive them away from providing measures previously proposed in Con- I want to see the courthouse door auditing services to many companies, gress to strengthen the obligation of kept open for the little guy, but let’s especially new companies and high- auditors to search for fraud and to get this bounty hunter law under con- technology companies. lengthen the statute of limitations for trol. The bill establishes a liability sys- fraud actions. These needless lawsuits hit these tem for less culpable defendants that is firms through: expensive liability in- 1. EMPOWERING INVESTORS linked to degree of fault. At the same surance premiums; disruption to the The bill addresses abuses of investors time, the bill establishes a self-discipli- lives of those people who have been by their lawyers by ensuring that in- nary organization for accountants drawn into the suit—and is a tremen- vestors, not lawyers, decide whether to under the direct supervision of the dous distraction from the company’s bring a case, whether to settle, and SEC. This entity would be somewhat achieving its mission, contributing to how much the lawyers should receive. like self-regulatory organizations such the economy, and creating jobs. The bill requires courts to appoint a as the New York Stock Exchange or I am concerned about these costs to plaintiff steering committee or a the National Association of Securities the private sector, and to communities guardian to directly control lawyers Dealers. The net effect should be a across America—and especially the for the class. more direct and rational way of dealing costs to the high-technology commu- The bill requires that notices of set- with bad apples in the accounting pro- nity who are our hope for jobs in the tlement agreements sent to investors fession without punishing the entire 21st century. spell out clearly important facts such profession. I am hearing loud and clear that the as how much investors are giving up by 3. ENHANCING DETERRENCE OF FRAUD current bounty hunter mentality is settling, and how much their lawyers The bill would extend the statute of putting these jobs at risk. will receive in the settlement. limitations for implied actions to 5 Rather than creating jobs, these The bill requires that courts tie years from the date of the violation, or high-technology jobs are having to put awards of lawyers’ fees directly to how 2 years after the violation was discov- their efforts and their dollars into ex- much is recovered by investors, rather ered or should have been discovered pensive litigation and insurance. than simply how many hours the law- through the exercise of reasonable dili- I know how the system works with yers billed or how many pages of briefs gence. The bill also incorporates pend- these lawsuits. It doesn’t matter who’s they filed. ing legislation concerning the respon- right or who’s wrong. Both the guilty The bill establishes an alternative sibility of auditors to search for and re- and the innocent end up settling at dispute resolution procedure to make port fraud. A similar bill in past Con- some big cost, even if just to avoid the it easier to prosecute a case without gresses has been supported by the SEC risk and to get on with life. the necessity of slow and expensive and the AICPA. So, the good guys cut their losses and Federal court proceedings. This idea is There is tremendous support for this the bad guys get off the hook. very similar to a provision in the prod- legislation within Congress and from a I am pleased to work on a bipartisan ucts liability bill passed by the Com- large variety of private organizations. I basis with Senators DOMENICI and DODD merce Committee last fall, and like look forward to working with my col- and support this legislation that helps that bill it is intended to speed up the leagues to enact comprehensive reform take care of the good guys.∑ recovery process for plaintiffs who as soon as possible.∑ have strong cases. ∑ Ms. MIKULSKI. Mr. President, I am By Mr. D’AMATO: These provisions should ensure that pleased to work on a bipartisan basis S. 241. A bill to increase the penalties defrauded investors are not cheated a with my colleagues Senator DODD and for sexual exploitation of children, and second time by their lawyers. It also Senator DOMENICI to cosponsor and for other purposes; to the Committee should help victims of fraud to recover renew my commitment to reforming on the Judiciary. damages more quickly, with less of securities litigation. THE PREVENTION OF SEXUAL EXPLOITATION OF their recovery drained off in lawyers’ This bill addresses the problem of CHILDREN ACT fees. bounty hunters racing to the court- ∑ Mr. D’AMATO. Mr. President, I rise 2. FRIVOLOUS LITIGATION house to be the first to file a lawsuit today to introduce the Prevention of The bill requires that in order to based on nothing more than a change the Sexual Exploitation of Children’s bring a securities case as a class ac- in stock price—and then coerce inno- Act. There is a large and growing tion, the plaintiffs in whose name the cent businesses to settle these law- threat to the welfare and safety of our case is brought must have held either 1 suits. children being caused by the advent of percent of the securities which are the This bill eliminates the payment of the computer age. The ‘‘information subject of the litigation or $10,000 bonus awards or bounties to represent- superhighway,’’ while a boon to our worth of securities. This should help ative plaintiffs in class actions. It gives standard of living and economic stop a problem pointed to by several people who are harmed extra time to growth, also contains hidden dangers courts, in which professional plaintiffs consider who really harmed them be- which must be addressed to protect our who own small amounts of stock in fore they have to file their case at the children from debauched sexual preda- many companies try to bring class ac- courthouse, by extending the statute of tors. The ‘‘information superhighway’’ S 1092 CONGRESSIONAL RECORD — SENATE January 18, 1995 has become a safe haven for pedophiles (1) by striking ‘‘10 years’’ and inserting ‘‘15 ‘‘We haven’t really solidified our strategy to entice children into acts of sexual years’’; and yet,’’ he told The Post. depravity with little chance of expo- (2) by striking ‘‘more than 15 years’’ and ‘‘This is something that’s so new, law en- sure. Pedophiles and other sexual mis- inserting ‘‘more than 20 years’’. forcement is not quite ready for it.’’ (b) CERTAIN ACTIVITIES RELATING TO MATE- Law-enforcement officials say pedophiles creants historically would position RIAL INVOLVING THE SEXUAL EXPLOITATION OF are lurking on the nation’s three major on- themselves outside of schools, play- MINORS.—Section 2252(b)(1) of title 18, United line services, America Online, Prodigy and grounds, and other public areas where States Code, is amended— Compuserve—as well as on the worldwide children would congregate in order to (1) by striking ‘‘ten years’’ and inserting Internet, smaller on-line services, and lo- satisfy their own depraved appetites. ‘‘15 years’’; and cally-operated computer bulletin boards. Now through the use of bulletin boards, (2) by striking ‘‘more than fifteen’’ and in- On-line services are an easy way for major on-line services such as Prodigy, serting ‘‘more than 20 years’’. pedophiles to meet children anonymously, America Online, Compuserve, Internet, noted Dyanne Greer, a senior lawyer with and a host of other computer conduits, U.S. SENATE, the National Center for the Prosecution of Washington, DC, January 18, 1995. Child Abuse. these individuals can ply their trade DEAR COLLEAGUE: I am writing to invite ‘‘Many cases are not reported, so I’m not with much less exposure to parental you to join me as a cosponsor of ‘‘The Pre- sure anybody is really aware how much this supervision or law enforcement. While vention of Sexual Exploitation of Children’s is going on,’’ she said. many State and local authorities are Act’’. A Post probe uncovered these on-line hor- addressing this problem, the use of the Technological advances, while a boon to ror stories: ‘‘information superhighway’’ makes our standard of living and our economic Westchester computer expert George the role of the Federal Government growth, contain hidden dangers that directly Telesha pretended to be a 14-year-old girl on even more critical. The use of the com- effect the welfare of our children. Computer America Online and was quickly besieged by conduits, or the ‘‘information super- perverts sending dirty pictures. puter conduits allow for the defendants highway’’, is being used extensively to entice A Manhattan computer expert allegedly to cross State, local and even inter- children into acts of sexual depravity by got a 13-year-old New Jersey boy he met on- national boundaries with impunity. pedofiles and other deviants. These sexual line to go skating with him. These miscreants can be extremely vio- predators will often depict themselves as Cops said the man lured the youth into the lent and cause irreparable harm to the children and arrange a meeting with their woods near the boy’s home and sexually children they come into contact with. victims, with the child being sexually abused abused him six times between last July and This violence must be answered with as the ultimate outcome. In addition to the September. stiff judicial penalties. luring of children through the ‘‘information An unemployed Brooklyn computer pro- superhighway’’, these conduits are also being grammer tried to sodomize a Nevada teen- In addition to the physical depravity used to transport child pornography. The in- ager he met on a computer bulletin board. that is a direct result of the computer flux and availability of the child pornog- A 27-year-old computer engineer in age, there has been a noted increase in raphy only prompt these sexual deviants Cupertino, Calif., allegedly met a 14-year-old pornographic material involving chil- into further preying on our children. boy through America Online. dren being distributed and sold over Pedofiles and other sexual miscreants his- He is charged with handcuffing, shackling computer lines. This pornographic ma- torically would position themselves outside and blindfolding the boy and then taking terial not only acts as a stimulus to of schools, playgrounds and other public him to his apartment, where he whipped him the pedophiles but the simple posses- areas where children would congregate in with a belt, shaved his pubic hair and had order to satisfy their own depraved appe- sex with him. sion of this material by people creates tites. Now through the use of bulletin A California man sent pornographic photos a demand for it, and these people boards, major on-line services, such as Prod- via computer to a teen-ager, then sought to should share in the responsibility of igy, America Online, Compuserve, Internet, have the teen killed to silence him. the exploitation of children by the por- and a host of other computer conduits, these Such crimes are not easy to investigate or nography producers. This circular mo- individuals can ply their trade with much prosecute, officials note. tion of supply and demand fuels the less exposure to parental supervision or law ‘‘It’s a bigger problem than most people re- proliferation of more and more porno- enforcement. These deviants are often very alize,’’ said Mike Brick, director of the Or- graphic material. violent and cause the children irreparable lando bureau of the Florida State Office of harm. Law Enforcement. My legislation will raise the judicial This legislation will raise the judicial pen- ‘‘There’s a lot of people out there who want penalties which would deter the pro- alties which would deter the proliferation of to have sex with children. If they hang out at liferation of pornographic material pornographic material available and remove a real playground, a teacher or someone available and remove the defendants the defendants from society. By enacting might see them. In the computer play- from society. By enacting harsher judi- harsher judicial penalties, Congress will be ground, they can more or less hide in the cial penalties, Congress will be sending sending a strong message that our society bushes.’’ a strong message that our society will will not tolerate these forms of criminal be- A handful of agencies have staffers pose as not tolerate these forms of criminal be- havior. youngsters to solicit dirty pictures and If you would like to help me stem this bur- come-ons, but many don’t have the man- havior. geoning problem by cosponsoring the ‘‘Pre- power, equipment or inclination to do so on I ask my fellow colleagues to join me vention of Sexual Exploitation of Children’s a regular basis. in support of this legislation. These Act’’, please contact Greg Regan of my office And even if they did, experts say there’s violations are a growing concern both at 4–8349. probably no way to completely stop on-line within the law enforcement commu- Sincerely, perverts—who constitute a tiny fraction of nity and the family structure, and we ALFONSE M. D’AMATO, overall on-line communicators—short of must deal with them now. Senator shutting down the services. Mr. President, I ask for unanimous And that is not only unlikely, but would [From the New York Post, Jan. 9, 1995] rob children and others of a valuable edu- consent that the text of this legislation cational resource. MOLESTERS WITH A MODEM—KIDDIE-SEX PER- and additional material be printed in The service say they’re concerned—but in VERTS USING COMPUTERS TO LURE VICTIMS the RECORD. no position to play the role of police. There being no objection, the mate- (By Lou Lumenick and Kieran Crowley) AOL spokeswoman Pam McGraw said com- rial was ordered to be printed in the City cops are about to start patrolling the puter-privacy laws keep her company’s RECORD, as follows: information superhighway to hunt down hands tied when it comes to the person-to- child pornographers and pedophiles who are person type of communication in which porn S. 241 luring kids through high-tech computer bul- can be exchanged in electronic ‘‘private chat Be it enacted by the Senate and House of Rep- letin boards, The Post has learned. rooms.’’ resentatives of the United States of America in ‘‘The bulletin boards are a total haven for ‘‘Federal law prevents us from monitoring Congress assembled, pedophiles,’’ said Sgt. Richard Perrine, who’s E-mail,’’ McGraw said. ‘‘We do our best to forming a new computer investigation unit. prevent misuse of our service.’’ SECTION 1. SHORT TITLE. ‘‘There are no names and faces, and a 33- She urged AOL customers to report offen- This Act may be cited as the ‘‘Prevention year-old man can pass himself off as a 10- sive communications which are prohibited of Sexual Exploitation of Children Act’’. year-old kid.’’ under company rules so the company can SEC. 2. PENALTIES. Perrine said the new unit, in the NYPD’s warn offenders or eject them from the sys- (a) SEXUAL EXPLOITATION OF CHILDREN.— Organized Crime Control Bureau, plans to in- tem. Section 2251(d) of title 18, United States clude computer child-pornographers and Law enforcement officials say on-line com- Code, is amended— pedophiles among its targets. panies are quick to cut off perverts and help January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1093 track down and prosecute pedophiles and Reform Act of 1986, we have heard an Let me point out that none of us in- pornographers. ever-louder cry from middle-income troducing this legislation today have But the crimes still flourish because com- Americans that they want it back. And any intention of increasing the deficit puters make life simpler for the perverts. Pedophilies can easily pretend to be a child for good reason. As more and more as a result of this proposal. We have on-line, or even someone of the opposite sex, forms of direct student aid are elimi- asked the Joint Committee on Tax- to help draw a child into a trap. And they nated, these families are having to ation to estimate the cost of this pro- can elude detection by using false names and incur debt in order to finance the costs posal and, at the appropriate time, we post office boxes. of higher education, especially since intend to offer ways to pay for it. ‘‘Offenders can say they’re other kids, then their incomes simply are not rising Mr. President, I ask that a copy of arrange for face-to-face meetings.’’ Greer commensurate with the cost of living. our legislation be printed in the said ‘‘It’s pretty scary when you find out RECORD. you’re dealing with a 47-year-old man in- The deduction we are proposing, stead of the 14-year-old you expected.∑ whether taken for tuition and fees or There being no objection, the bill was for student loan interest, is available ordered to be printed in the RECORD, as By Mr. DASCHLE (for himself, to families with incomes of up to follows: Mr. BREAUX, Mr. KENNEDY, Mr. $100,000 per year or individuals with in- S. 242 REID, Mr. ROCKEFELLER, Ms. comes of up to $70,000 per year. More- Be it enacted by the Senate and House of Rep- MIKULSKI, Mr. FORD, Mr. DODD, over, the deduction may be taken resentatives of the United States of America in and Mr. KERRY): whether or not the taxpayer is in a po- Congress assembled, S. 242. A bill to amend the Internal sition to itemize on his or her return, SECTION 1. SHORT TITLE. Revenue Code of 1986 to allow a deduc- providing greater assurance that those This Act may be cited as the ‘‘Higher Edu- tion for the payment of tuition for at the lower end of the middle-income cation Tax Relief Act of 1995’’. higher education and interest on stu- range will benefit. SEC. 2. DEDUCTION FOR HIGHER EDUCATION EX- dent loans; to the Committee on Fi- Our proposal provides a choice to PENSES. nance. middle-income Americans and com- (a) DEDUCTION ALLOWED.—Part VII of sub- chapter B of chapter 1 of the Internal Reve- HIGHER EDUCATION TAX RELIEF ACT plements the various forms of student Mr. DASCHLE. Mr. President, earlier nue Code of 1986 (relating to additional item- aid currently available to those with ized deductions for individuals) is amended today, several of my distinguished col- the lowest incomes. Middle-income by redesignating section 220 as section 221 leagues and I announced our intention taxpayers, most of whom no longer and by inserting after section 219 the follow- to introduce another important ele- qualify for other forms of student aid, ing new section: ment of our Democratic plan to help may deduct amounts they are able to ‘‘SEC. 220. HIGHER EDUCATION TUITION AND middle-class Americans who are pay for tuition and fees at the time FEES; INTEREST ON STUDENT LOANS. squeezed between prices that are rising they or their children are attending an ‘‘(a) ALLOWANCE OF DEDUCTION.—In the and incomes that are not. institution of higher education. If, Today Senators BREAUX, KENNEDY, case of an individual, there shall be allowed however, they must finance their own as a deduction an amount equal to the sum REID, ROCKEFELLER, MIKULSKI, FORD, or their children’s education, they may of— DODD, KERRY, and I are introducing the deduct the interest on student loans ‘‘(1) the qualified higher education ex- Higher Education Tax Relief Act of later when they begin paying back the penses, plus 1995. This legislation will provide tax loans. ‘‘(2) interest on qualified higher education relief for middle-income families who Mr. President, the Higher Education loans, are trying to send their children to col- paid by the taxpayer during the taxable lege or vocational or professional Tax Relief Act of 1995, along with the President’s tuition deduction proposal, year. school, as well as to individuals who ‘‘(b) QUALIFIED HIGHER EDUCATION EX- identifies a major difference between seek such educational opportunities. PENSES.—For purposes of this section— As I have noted on many occasions, the Republican and Democratic views ‘‘(1) QUALIFIED HIGHER EDUCATION EX- our highest priority in the 104th Con- of middle-income tax relief. The Re- PENSES.— gress is to strengthen the financial se- publican Contract With America does ‘‘(A) IN GENERAL.—The term ‘qualified not contain tax relief directed at help- higher education expenses’ means tuition curity of working middle-income fami- and fees required for the enrollment or at- lies. One of our greatest concerns is the ing middle-income families pay for education. In fact, it contains numer- tendance of— increasing inability of many families ‘‘(i) the taxpayer, to afford to send their children to col- ous measures that will further harm ‘‘(ii) the taxpayer’s spouse, or lege or vocational school. the ability of middle-income Ameri- ‘‘(iii) any dependent of the taxpayer with Pressures on State budgets are forc- cans to obtain the education they seek. respect to whom the taxpayer is allowed a ing public colleges and universities to For example, one of the spending deduction under section 151, increase the tuition and fees they cuts contemplated by Republicans is as an eligible student at an institution of charge to new students. Many private the repeal of the in-school interest sub- higher education. institutions are trying to fill the stu- sidy for student loans. Right now, the ‘‘(B) EXCEPTION FOR EDUCATION INVOLVING dent aid gap by taking on the task interest clock on many student loans SPORTS, ETC.—Such term does not include ex- themselves, but they are finding it does not start ticking until a student penses with respect to any course or other education involving sports, games, or hob- more and more costly to do so. has finished college. The Republicans bies unless such expenses— Our legislation will provide a tax de- want to start charging interest imme- ‘‘(i) are part of a degree program, or duction of up to $10,000 for tuition and diately. We believe that’s an attack on ‘‘(ii) are deductible under this chapter fees associated with attending public middle-income families who cannot af- without regard to this section. and non-profit colleges and universities ford to send their children to college ‘‘(C) EXCEPTION FOR NONACADEMIC FEES.— or vocational and professional schools. without borrowing the money. Such term does not include any student ac- This aspect of the proposal is identical College already is too expensive for tivity fees, athletic fees, insurance expenses, to the tuition deduction advanced by many families, and we shouldn’t limit or other expenses unrelated to a student’s academic course of instruction. President Clinton in his middle-class the number who can afford it by rais- ‘‘(D) ELIGIBLE STUDENT.—For purposes of bill of rights package. We think the ing the costs even more. Democrats be- subparagraph (A), the term ‘eligible student’ President was right to focus on edu- lieve opportunities should be open to means a student who meets the requirements cation in that package because it is everyone willing to earn them with of section 484(a)(1) of the Higher Education one of the highest priorities—and big- hard work. We believe education is nec- Act of 1965 (20 U.S.C. 1091(a)(1)). gest expenses—of middle-income fami- essary and should be affordable to any- ‘‘(2) DOLLAR LIMITATION.— lies. one who wants it—that we should not ‘‘(A) IN GENERAL.—The amount taken into In addition, our tax deduction would tax the income necessary for middle- account under paragraph (1) for any taxable year shall not exceed $10,000. be available up to the same amount for income families to send their children ‘‘(B) PHASE-IN.—In the case of taxable interest incurred on student loans. to college or vocational and profes- years beginning in 1996, 1997, 1998, and 1999, Ever since the deduction for student sional schools. the following amounts shall be substituted loan interest was eliminated in the Tax These are Democratic values. for ‘$10,000’ in subparagraph (A): S 1094 CONGRESSIONAL RECORD — SENATE January 18, 1995

‘‘For taxable years The substitute ‘‘(A) IN GENERAL.—No deduction shall be (d) EFFECTIVE DATES.—The amendments beginning in: amount is: allowed under subsection (a) for qualified made by this section shall apply to taxable 1996 ...... $2,000 higher education expenses or interest on years beginning after December 31, 1995. 1997 ...... 4,000 qualified higher education loans with respect 1998 ...... 6,000 Mr. KENNEDY. Mr. President, a col- to which a deduction is allowed under any 1999 ...... 8,000. lege education is a building block of other provision of this chapter. ‘‘(3) LIMITATION BASED ON MODIFIED AD- the American dream. But with college ‘‘(B) SAVINGS BOND EXCLUSION.—A deduc- JUSTED GROSS INCOME.— tion shall be allowed under subsection (a)(1) costs rising, higher education is in- ‘‘(A) IN GENERAL.—If the modified adjusted for qualified higher education expenses only creasingly out of reach for many fami- gross income of the taxpayer for the taxable lies. year exceeds $70,000 ($100,000 in the case of a to the extent the amount of such expenses joint return), the amount which would (but exceeds the amount excludable under section President Clinton deserves credit for for this paragraph) be taken into account 135 for the taxable year. acting on this problem, and the legisla- under paragraph (1) shall be reduced (but not ‘‘(2) QUALIFIED RESIDENCE INTEREST.—If a tion we are introducing today will below zero) by the amount which bears the deduction is allowed under subsection (a)(2) carry out the President’s proposal to same ratio to the amount which would be for interest which is also qualified residence make college education more afford- interest under section 163(h), such interest taken into account as such excess bears to able for working families. The bill pro- $20,000. shall not be taken into account under sec- tion 163(h). vides a tax deduction of up to $10,000 a ‘‘(B) INFLATION ADJUSTMENT.—In the case year for college tuition costs, and it re- of any taxable year beginning in a calendar ‘‘(e) SPECIAL RULES.— year after 1996, the $70,000 and $100,000 ‘‘(1) ELECTION.—If a deduction is allowable stores the deduction for interest on amounts contained in subparagraph (A) shall under more than one provision of this chap- student loans. be increased by an amount equal to— ter with respect to qualified higher edu- The deduction for tuition will be ‘‘(i) such dollar amount, multiplied by cation expenses, the taxpayer may elect the available for families earning up to ‘‘(ii) the cost-of-living adjustment under provision under which the deduction is al- $100,000 a year and individuals earning section 1(f)(3) for the calendar year in which lowed. up to $70,000. It will be available for ‘‘(2) LIMITATION ON TAXABLE YEAR OF DE- the taxable year begins, except that section tuition at traditional 4-year colleges DUCTION.— 1(f)(3)(B) shall be applied by substituting and universities, community colleges, ‘1995’ for ‘1992’. ‘‘(A) IN GENERAL.—A deduction shall be al- and vocational and professional schools ‘‘(C) ROUNDING.—If any amount as adjusted lowed under subsection (a)(1) for any taxable under subparagraph (B) is not a multiple of year only to the extent the qualified higher offering job training in a variety of $50, such amount shall be rounded to the education expenses are in connection with fields. nearest multiple of $50 (or if such amount is attendance at an institution of higher edu- The deduction for interest on student a multiple of $25, such amount shall be cation during the taxable year. loans is equally important, and will rounded to the next highest multiple of $50). ‘‘(B) CERTAIN PREPAYMENTS ALLOWED.— offer significant help to students who ‘‘(D) MODIFIED ADJUSTED GROSS INCOME.— Subparagraph (A) shall not apply to qualified must borrow to go to college and who higher education expenses paid during a tax- The term ‘modified adjusted gross income’ are struggling to pay off their loans means the adjusted gross income of the tax- able year which are in connection with at- payer for the taxable year determined— tendance at an institution of higher edu- and establish themselves in the work- ‘‘(i) without regard to this section and sec- cation which begins during the first 2 ing world. tions 911, 931, and 933, and months of the following taxable year. By contrast, the Republican contract ‘‘(ii) after the application of sections 86, ‘‘(3) ADJUSTMENT FOR CERTAIN SCHOLAR- proposes to cut over $10 billion in Fed- 135, 219, and 469. SHIPS AND VETERANS BENEFITS.—The amount eral financial aid for students over the ‘‘(4) INSTITUTION OF HIGHER EDUCATION.— of qualified higher education expenses other- next 5 years. In Massachusetts alone, The term ‘institution of higher education’ wise taken into account under subsection that would mean a loss of over $100 means an institution which— (a)(1) with respect to the education of an in- million a year. In reality, when you ‘‘(A) is described in section 481 of the High- dividual shall be reduced (before the applica- er Education Act of 1965 (20 U.S.C. 1088), and tion of subsection (b)) by the sum of the read the fine print, the Contract With ‘‘(B) is eligible to participate in programs amounts received with respect to such indi- America is a contract against college under title IV of such Act. vidual for the taxable year as— education. ‘‘(c) QUALIFIED HIGHER EDUCATION LOAN.— ‘‘(A) a qualified scholarship which under Families across the country know For purposes of this section— section 117 is not includable in gross income, that education is the best investment ‘‘(1) IN GENERAL.—The term ‘qualified high- ‘‘(B) an educational assistance allowance they can make in their children’s fu- er education loan’ means a loan to a student under chapter 30, 31, 32, 34, or 35 of title 38, ture. We must do more to ease the bur- which is— United States Code, or den of that investment, not make it ‘‘(A) made, insured, or guaranteed by the ‘‘(C) a payment (other than a gift, bequest, harder for families to obtain it. Federal Government, devise, or inheritance within the meaning of ‘‘(B) made by a State or a political subdivi- section 102(a)) for educational expenses, or I look forward to working with my sion of a State, attributable to attendance at an eligible colleagues on both side of the aisle to ‘‘(C) made from the proceeds of a qualified educational institution, which is exempt ensure that this important legislation student loan bond under section 144(b), or from income taxation by any law of the becomes law. ‘‘(D) made by an institution of higher edu- United States. cation (as defined in section 1201(a) of the ‘‘(4) NO DEDUCTION FOR MARRIED INDIVID- By Mr. SARBANES (for himself, Higher Education Act of 1965 (20 U.S.C. UALS FILING SEPARATE RETURNS.—If the tax- Mr. BYRD, Mr. ROCKEFELLER, 1141(a))). payer is a married individual (within the and Ms. MIKULSKI): ‘‘(2) LIMITATION.— meaning of section 7703), this section shall S.J. Res. 20. A joint resolution grant- ‘‘(A) IN GENERAL.—The amount of interest apply only if the taxpayer and his spouse file ing the consent of Congress to a com- on a qualified higher education loan which is a joint return for the taxable year. taken into account under subsection (a)(2) ‘‘(5) REGULATIONS.—The Secretary may pact to provide for joint natural re- shall be reduced by the amount which bears prescribe such regulations as may be nec- source management and enforcement the same ratio to such amount of interest essary or appropriate to carry out this sec- of laws and regulations pertaining to as— tion, including regulations requiring record- natural resources and boating at the ‘‘(i) the proceeds from such loan used for keeping and information reporting.’’ Jennings Randolph Lake Project lying qualified higher education expenses, bears to (b) DEDUCTION ALLOWED IN COMPUTING AD- in Garrett County, MD and Mineral ‘‘(ii) the total proceeds from such loan. JUSTED GROSS INCOME.—Section 62(a) of such County, WV, entered into between the ‘‘(B) QUALIFIED HIGHER EDUCATION EX- Code is amended by inserting after para- States of West Virginia and Maryland; PENSES.—For purposes of subparagraph (A), graph (15) the following new paragraph: the term ‘qualified higher education ex- ‘‘(16) HIGHER EDUCATION TUITION AND to the Committee on the Judiciary. penses’ has the meaning given such term by FEES.—The deduction allowed by section THE JENNINGS RANDOLPH LAKE PROJECT subsection (b), except that— 219.’’ COMPACT ‘‘(i) such term shall include reasonable liv- (c) CONFORMING AMENDMENT.—The table of Mr. SARBANES. Mr. President, ing expenses while away from home, and sections for part VII of subchapter B of chap- today I am reintroducing legislation ‘‘(ii) the limitations of paragraphs (2) and ter 1 of such Code is amended by striking the together with my colleagues Senators (3) of subsection (b) shall not apply. item relating to section 220 and inserting: ‘‘(d) COORDINATION WITH OTHER PROVI- BYRD, ROCKEFELLER, and MIKULSKI to ‘‘Sec. 220. Higher education tuition and fees. SIONS.— grant congressional consent to a com- ‘‘(1) NO DOUBLE BENEFIT.— ‘‘Sec. 221. Cross reference.’’ pact entered into between the States of January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1095 West Virginia and Maryland, with con- Mr. President, this legislation will ning, development, maintenance, and coordi- currence of the U.S. Army Corps of En- address the ongoing problems associ- nation of wildlife conservation and rehabili- gineers, to provide for joint manage- ated with the management and en- tation; and ment and enforcement of laws and reg- forcement of laws and regulations re- ‘‘6. The District has Fisheries and Wildlife Plans as part of the District’s project Oper- ulations pertaining to natural re- lating to natural resources and boating ational Management Plan; and sources and boating at Jennings Ran- at the Jennings Randolph Lake ‘‘7. In the respective States, the Maryland dolph Lake. This legislation was ap- Project. It has been long awaited by Department of Natural Resources (herein- proved by the Senate in the closing both States and I urge its swift enact- after referred to as ‘Maryland DNR’) and the days of the 103d Congress, but was not ment. West Virginia Division of Natural Resources considered in the House. I ask unanimous consent that the (hereinafter referred to as ‘West Virginia Jennings Randolph Lake is located legislation be printed in the RECORD. DNR’) are responsible for providing a system on the north branch of the Potomac There being no objection, the joint of control, propagation, management, pro- River in Garrett County, MD and Min- resolution was ordered to be printed in tection, and regulation of natural resources and boating in Maryland and West Virginia eral County, WV. Construction of the the RECORD, as follows: and the enforcement of laws and regulations dam, which created the lake, was au- S.J. RES. 20 pertaining to those resources as provided in thorized by the Flood Control Act of Resolved by the Senate and House of Rep- Annotated Code of Maryland Natural Re- 1962 and the project was specifically de- resentatives of the United States of America in sources Article and West Virginia Chapter signed to improve the water quality of Congress assembled, 20, respectively, and the successors thereof; the Potomac River, reduce flood dam- SECTION 1. CONGRESSIONAL CONSENT. and age, provide water supply, and opportu- The Congress hereby consents to the Jen- ‘‘8. The District, the Maryland DNR, and nities for recreation. Completed in 1982, nings Randolph Lake Project Compact en- the West Virginia DNR are desirous of con- tered into between the States of West Vir- serving, perpetuating and improving fish and the dam is one of the largest dams east wildlife resources and recreational benefits of the Mississippi—approximately 6.6 ginia and Maryland which compact is sub- stantially as follows: of the Jennings Randolph Lake Project; and miles long, with a surface area of 952 ‘‘COMPACT ‘‘9. The District and the States of Mary- acres and a drainage area of 263 square land and West Virginia wish to implement miles. Originally named Bloomington ‘‘Whereas the State of Maryland and the the aforesaid acts and responsibilities State of West Virginia, with the concurrence Lake, the project was rededicated in through this Compact and they each recog- of the United States Department of the nize that consistent enforcement of the nat- May 1987 in honor of former West Vir- Army, Corps of Engineers, have approved and ginia Senator Jennings Randolph. ural resources and boating laws and regula- desire to enter into a compact to provide for tions can best be achieved by entering this The lake and surrounding area are joint natural resource management and en- Compact: extraordinarily beautiful and include forcement of laws and regulations pertaining ‘‘Now, therefore, be it Resolved, That the some of the most picturesque country- to natural resources and boating at the Jen- States of Maryland and West Virginia, with side in the Nation. The lake and the nings Randolph Lake Project lying in Gar- the concurrence of the United States Depart- north branch of the Potomac River rett County, Maryland and Mineral County, ment of the Army, Corps of Engineers, here- West Virginia, for which they seek the ap- below the dam support a recreational by solemnly covenant and agree with each proval of Congress, and which compact is as other, upon enactment of concurrent legisla- trout fishery that is regarded as one of follows: the best in America. Other recreational tion by The Congress of the United States ‘‘Whereas the signatory parties hereto de- and by the respective state legislatures, to opportunities including boating, down- sire to provide for joint natural resource the Jennings Randolph Lake Project Com- stream whitewater rafting, hiking, and management and enforcement of laws and pact, which consists of this preamble and the picnicing are drawing increasing num- regulations pertaining to natural resources articles that follow: bers of visitors to the lake. The Army and boating at the Jennings Randolph Lake Corps of Engineers currently operates Project lying in Garrett County, Maryland ‘‘Article I—Name, Findings, and Purpose and Mineral County, West Virginia, for ‘‘1.1 This compact shall be known and may and maintains five recreation sites at which they have a joint responsibility; and the project and the State of Maryland, be cited as the Jennings Randolph Lake they declare as follows: Project Compact. in cooperation with the corps, is in the ‘‘1. The Congress, under Public Law 87–874, ‘‘1.2 The legislative bodies of the respective process of developing a boat launch and authorized the development of the Jennings signatory parties, with the concurrence of support facilities on the Maryland side Randolph Lake Project for the North Branch the U.S. Army Corps of Engineers, hereby of the project. of the Potomac River substantially in ac- find and declare: Unfortunately, the creation of the cordance with House Document Number 469, ‘‘1. The water resources and project lands lake removed the natural boundary be- 87th Congress, 2nd Session for flood control, of the Jennings Randolph Lake Project are water supply, water quality, and recreation; affected with local, state, regional, and na- tween West Virginia and Maryland and and the meandering nature of the former tional interest, and the planning, conserva- ‘‘2. Section 4 of the Flood Control Act of tion, utilization, protection and manage- river and the depth of the lake have 1944 (Ch 665, 58 Stat. 534) provides that the ment of these resources, under appropriate made it virtually impossible to rees- Chief of Engineers, under the supervision of arrangements for inter-governmental co- tablish the precise location of the the Secretary of War (now Secretary of the operation, are public purposes of the respec- boundary. As a consequence, enforce- Army), is authorized to construct, maintain tive signatory parties. ment of natural resources and boating and operate public park and recreational fa- ‘‘2. The lands and waters of the Jennings laws and regulations on the lake has cilities in reservoir areas under control of Randolph Lake Project are subject to the such Secretary for the purpose of boating, sovereign rights and responsibilities of the been tentative at best and at worst, swimming, bathing, fishing, and other rec- nonexistent. As recreational uses of signatory parties, and it is the purpose of reational purposes, so long as the same is this compact that, notwithstanding any the lake continue to increase, it is an- not inconsistent with the laws for the pro- boundary between Maryland and West Vir- ticipated that enforcement problems tection of fish and wildlife of the State(s) in ginia that preexisted the creation of Jen- will become increasingly difficult. which such area is situated; and nings Randolph Lake, the parties will have The compact legislation I am intro- ‘‘3. Pursuant to the authorities cited and exercise concurrent jurisdiction over ducing today provides the State of above, the U.S. Army Engineer District (Bal- any lands and waters of the Jennings Ran- West Virginia and Maryland with con- timore), hereinafter ‘District’, did construct dolph Lake Project concerning natural re- and now maintains and operates the Jen- sources and boating laws and regulations in current jurisdiction over the project nings Randolph Lake Project; and area to enable them to jointly enforce the common interest of the people of the re- ‘‘4. The National Environmental Policy gion. natural resource and boating laws and Act of 1969 (P.L. 91–190) encourages produc- regulations. This approach eliminates tive and enjoyable harmony between man ‘‘Article II—District Responsibilities the need to redefine the boundary be- and his environment, promotes efforts which ‘‘The District, within the Jennings Ran- tween the two States for law enforce- will stimulate the health and welfare of man, dolph Lake Project, ment purposes. As required before con- and encourages cooperation with State and ‘‘2.1 Acknowledges that the Maryland DNR gressional action can be taken, the local governments to achieve these ends; and and West Virginia DNR have authorities and ‘‘5. The Fish and Wildlife Coordination Act responsibilities in the establishment, admin- compact was approved by the respec- (16 U.S.C. 661–666c) provides for the consider- istration and enforcement of the natural re- tive legislatures of Maryland and West ation and coordination with other features of sources and boating laws and regulations ap- Virginia in their 1993 legislative ses- water-resource development programs plicable to this project, provided that the sions. through the effectual and harmonious plan- laws and regulations promulgated by the S 1096 CONGRESSIONAL RECORD — SENATE January 18, 1995 States support and implement, where appli- and waters of the Jennings Randolph Lake ‘‘5.4 The provisions of this Compact shall cable, the intent of the Rules and Regula- Project; be severable, and if any phrase, clause, sen- tions Governing Public Use of Water Re- ‘‘3.2 That existing natural resources and tence or provision of the Jennings Randolph sources Development Projects administered boating laws and regulations already in ef- Lake Project Compact is declared to be un- by the Chief of Engineers in Title 36, Chapter fect in each State shall remain in force on constitutional or inapplicable to any signa- RI, Part 327, Code of Federal Regulations, the Jennings Randolph Lake Project until tory party or agency of any party, the con- ‘‘2.2 Agrees to practice those forms of re- either State amends, modifies or rescinds its stitutionality and applicability of the Com- source management as determined jointly by laws and regulations; pact shall not be otherwise affected as to any the District, Maryland DNR and West Vir- ‘‘3.3 That the Agreement for Fishing Privi- provision, party, or agency. It is the legisla- ginia DNR to be beneficial to natural re- leges dated June 24, 1985 between the State tive intent that the provisions of the Com- sources and which will enhance public rec- of Maryland and the State of West Virginia, pact be reasonably and liberally construed to reational opportunities compatible with as amended, remains in full force and effect; effectuate the stated purposes of the Com- other authorized purposes of the project, ‘‘3.4 To enforce the natural resources and pact. ‘‘2.3 Agrees to consult with the Maryland boating laws and regulations applicable to ‘‘5.5 No member of or delegate to Congress, DNR and West Virginia DNR prior to the is- the Jennings Randolph Lake Project; or signatory shall be admitted to any share suance of any permits for activities or spe- ‘‘3.5 To supply the District with the name, or part of this Compact, or to any benefit cial events which would include, but not nec- address and telephone number of the that may arise therefrom; but this provision essarily be limited to: fishing tournaments, person(s) to be contacted when any shall not be construed to extend to this training exercises, regattas, marine parades, drawdown except those resulting from nor- agreement if made with a corporation for its placement of ski ramps, slalom water ski mal regulation procedures occurs; general benefit. courses and the establishment of private ‘‘3.6 To inform the Reservoir Manager of ‘‘5.6 When this Compact has been ratified markers and/or lighting. All such permits is- all emergencies or unusual activities occur- by the legislature of each respective State, sued by the District will require the permit- ring on the Jennings Randolph Lake Project; when the Governor of West Virginia and the tee to comply with all State laws and regula- ‘‘3.7 To provide training to District em- Governor of Maryland have executed this tions, ployees in order to familiarize them with Compact on behalf of their respective States ‘‘2.4 Agrees to consult with the Maryland natural resources and boating laws and regu- and have caused a verified copy thereof to be DNR and West Virginia DNR regarding any lations as they apply to the Jennings Ran- filed with the Secretary of State of each re- recommendations for regulations affecting dolph Lake Project; and spective State, when the Baltimore District natural resources, including, but not limited ‘‘3.8 To recognize that the District and of the U.S. Army Corps of Engineers has exe- to, hunting, trapping, fishing or boating at other Federal Agencies have the right and cuted its concurrence with this Compact, the Jennings Randolph Lake Project which responsibility to enforce, within the bound- and when this Compact has been consented the District believes might be desirable for aries of the Jennings Randolph Lake Project, to by the Congress of the United States, then reasons of public safety, administration of all applicable Federal laws, rules and regula- this Compact shall become operative and ef- public use and enjoyment, tions so as to provide the public with safe fective. ‘‘2.5 Agrees to consult with the Maryland and healthful recreational opportunities and ‘‘5.7 Either State may, by legislative act, DNR and West Virginia DNR relative to the to provide protection to all federal property after one year’s written notice to the other, marking of the lake with buoys, aids to navi- within the project. withdraw from this Compact. The U.S. Army gation, regulatory markers and establishing ‘‘Article IV—Mutual Cooperation Corps of Engineers may withdraw its concur- and posting of speed limits, no wake zones, ‘‘4.1 Pursuant to the aims and purposes of rence with this Compact upon one year’s restricted or other control areas and to pro- this Compact, the State of Maryland, the written notice from the Baltimore District vide, install and maintain such buoys, aids State of West Virginia and the District mu- Engineer to the Governor of each State. to navigation and regulatory markers as are tually agree that representatives of their ‘‘5.8 This Compact may be amended from necessary for the implementation of the Dis- natural resource management and enforce- time to time. Each proposed amendment trict’s Operational Management Plan. All ment agencies will cooperate to further the shall be presented in resolution form to the buoys, aids to navigation and regulatory purposes of this Compact. This cooperation Governor of each State and the Baltimore markers to be used shall be marked in con- includes, but is not limited to, the following: District Engineer of the U.S. Army Corps of formance with the Uniform State Waterway ‘‘4.2 Meeting jointly at least once annu- Engineers. An amendment to this Compact Marking System, ally, and providing for other meetings as shall become effective only after it has been ‘‘2.6 Agrees to allow hunting, trapping, deemed necessary for discussion of matters ratified by the legislatures of both signatory boating and fishing by the public in accord- relating to the management of natural re- States and concurred in by the U.S. Army ance with the laws and regulations relating sources and visitor use on lands and waters Corps of Engineers, Baltimore District. to the Jennings Randolph Lake Project, within the Jennings Randolph Lake Project; Amendments shall become effective thirty ‘‘2.7 Agrees to provide, install and main- ‘‘4.3 Evaluating natural resources and days after the date of the last concurrence or tain public ramps, parking areas, courtesy boating, to develop natural resources and ratification.’’. docks, etc., as provided for by the approved boating management plans and to initiate SEC. 2. The right to alter, amend or repeal Corps of Engineers Master Plan, and and carry out management programs; this joint resolution is hereby expressly re- ‘‘2.8 Agrees to notify the Maryland DNR ‘‘4.4 Encouraging the dissemination of served. The consent granted by this joint and the West Virginia DNR of each reservoir joint publications, press releases or other resolution shall not be construed as impair- drawdown prior thereto excepting drawdown public information and the interchange be- ing or in any manner affecting any right or for the reestablishment of normal lake levels tween parties of all pertinent agency policies jurisdiction of the United States in and over following flood control operations and and objectives for the use and perpetuation the region which forms the subject of the drawdown resulting from routine water con- of natural resources of the Jennings Ran- compact. trol management operations described in the dolph Lake Project; and f reservoir regulation manual including re- ‘‘4.5 Entering into working arrangements leases requested by water supply owners and as occasion demands for the use of lands, wa- ADDITIONAL COSPONSORS normal water quality releases. In case of ters, construction and use of buildings and emergency releases or emergency flow cur- other facilities at the project. S. 91 tailments, telephone or oral notification will ‘‘Article V—General Provisions At the request of Mr. COVERDELL, the be provided. The District reserves the right, names of the Senator from Mississippi following issuance of the above notice, to ‘‘5.1 Each and every provision of this Com- [Mr. LOTT] and the Senator from North make operational and other tests which may pact is subject to the laws of the States of be necessary to insure the safe and efficient Maryland and West Virginia and the laws of Carolina [Mr. HELMS] were added as co- operation of the dam, for inspection and the United States, and the delegated author- sponsors of S. 91, a bill to delay en- maintenance purposes, and for the gathering ity in each instance. forcement of the National Voter Reg- of water quality data both within the im- ‘‘5.2 The enforcement and applicability of istration Act of 1993 until such time as natural resources and boating laws and regu- poundment and in the Potomac River down- Congress appropriates funds to imple- stream from the dam. lations referenced in this Compact shall be limited to the lands and waters of the Jen- ment such Act. ‘‘Article III—State Responsibilities nings Randolph Lake Project, including but S. 98 ‘‘The State of Maryland and the State of not limited to the prevailing reciprocal fish- At the request of Mr. BRADLEY, the West Virginia agree: ing laws and regulations between the States name of the Senator from West Vir- ‘‘3.1 That each State will have and exercise of Maryland and West Virginia. ginia [Mr. BYRD] was added as a co- concurrent jurisdiction with the District and ‘‘5.3 Nothing in this Compact shall be con- the other State for the purpose of enforcing strued as obligating any party hereto to the sponsor of S. 98, a bill to amend the the civil and criminal laws of the respective expenditure of funds or the future payment Congressional Budget Act of 1974 to es- States pertaining to natural resources and of money in excess of appropriations author- tablish a process to identify and con- boating laws and regulations over any lands ized by law. trol tax expenditures. January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1097 S. 111 sponsors of S. 205, a bill to amend title AMENDMENT NO. 24 At the request of Mr. DASCHLE, the 37, United States Code, to revise and On page 31, line 19, strike ‘‘House of Rep- name of the Senator from Illinois [Mr. expand the prohibition on accrual of resentatives or the’’. SIMON] was added as a cosponsor of S. pay and allowances by members of the 111, a bill to amend the Internal Reve- Armed Forces who are confined pend- AMENDMENT NO. 25 nue Code of 1986 to make permanent, ing dishonorable discharge. and to increase to 100 percent, the de- On page 14, line 8, strike ‘‘or the House of S. 210 Representatives’’. duction of self-employed individuals At the request of Mr. THOMAS, the for health insurance costs. name of the Senator from Arizona [Mr. S. 137 KYL] was added as a cosponsor of S. 210, AMENDMENT NO. 26 At the request of Mr. BRADLEY, the a bill to amend title XVIII of the So- On page 16, line 15, strike ‘‘or the House of name of the Senator from South Caro- cial Security Act to provide for cov- Representatives’’. lina [Mr. HOLLINGS] was added as a co- erage under part B of the medicare pro- sponsor of S. 137, a bill to create a leg- gram of emergency care and related AMENDMENT NO. 27 islative item veto by requiring sepa- services furnished by rural emergency rate enrollment of items in appropria- On page 13, line 25, and page 14, line 1, access care hospitals. strike ‘‘or the House of Representatives’’. tions bills and tax expenditure provi- SENATE JOINT RESOLUTION 19 sions in revenue bills. At the request of Mr. BROWN, the S. 145 names of the Senator from Georgia AMENDMENT NO. 28 At the request of Mr. GRAMM, the [Mr. COVERDELL], the Senator from On page 3, line 17, strike ‘‘and the House of name of the Senator from Kentucky North Carolina [Mr. FAIRCLOTH], the Representatives’’. On page 4, lines 7 and 8, strike ‘‘and the [Mr. MCCONNELL] was added as a co- Senator from Tennessee [Mr. FRIST], sponsor of S. 145, a bill to provide ap- House of Representatives’’. the Senator from Minnesota [Mr. On page 13, line 25 and page 14, line 1, propriate protection for the constitu- GRAMS], the Senator from Iowa [Mr. strike ‘‘or the House of Representatives’’. tional guarantee of private property GRASSLEY], the Senator from Texas On page 14, line 8, strike ‘‘or the House of rights, and for other purposes. [Mrs. HUTCHISON], the Senator from Representatives’’. S. 153 Oklahoma [Mr. INHOFE], the Senator On page 16, line 15, strike ‘‘or the House of At the request of Mr. LAUTENBERG, from Arizona [Mr. KYL], and the Sen- Representatives’’. his name was added as a cosponsor of ator from South Carolina [Mr. THUR- On page 17, line 4, strike ‘‘or the House of Representatives’’. S. 153, a bill to reduce Federal spending MOND] were added as cosponsors of Sen- On page 17, lines 12 and 13, strike ‘‘or the and enhance military satellite commu- ate Joint Resolution 19, a joint resolu- House of Representatives’’. nications by reducing funds for the tion proposing an amendment to the On page 18, lines 1 and 2, strike ‘‘or the MILSTAR II satellite program and ac- Constitution of the United States rel- House of Representatives’’. celerating plans for deployment of the ative to limiting congressional terms. On page 19, lines 15 and 16, strike ‘‘or the Advanced EHF Satellite/MILSTAR III. f House of Representatives’’. S. 155 On page 26, strike lines 1 through 5 and in- AMENDMENTS SUBMITTED sert end quotation marks. At the request of Mr. LAUTENBERG, On page 26, strike beginning with line 11 his name was added as a cosponsor of through line 2 on page 28. S. 155, a bill to reduce Federal spending UNFUNDED MANDATES ACT On page 28, line 13, strike ‘‘or the House of by prohibiting the backfit of Trident I Representatives’’. ballistic missile submarines to carry On page 29, line 8, strike ‘‘or the House of D–5 Trident II submarine-launched bal- FORD AMENDMENTS NOS. 20–29 Representatives’’. listic missiles. On page 31, line 19, strike ‘‘or the House of (Ordered to lie on the table.) Representatives’’. S. 157 Mr. FORD submitted 10 amendments On page 32, strike lines 12 through 24 and At the request of Mr. LAUTENBERG, intended to be proposed by him to the insert the following: his name was added as a cosponsor of bill, S.1, to curb the practice on impos- The provisions of sections 101, 102, 103, 104, S. 157, a bill to reduce Federal spending ing unfunded Federal mandates on and 107 are enacted by the Senate— by prohibiting the expenditure of ap- States and local governments; to (1) as an exercise of the rulemaking power propriated funds on the United States strengthen the partnership between the of the Senate and as such they shall be con- International Space Station Program. sidered as part of the rules of the Senate, Federal Government and State, local, and such rules shall supersede other rules S. 191 and tribal governments; to end the im- only to the extent that they are inconsistent At the request of Mrs. HUTCHISON, the position, in the absence of full consid- therewith; and name of the Senator from Oklahoma eration by Congress, of Federal man- (2) with full recognition of the constitu- [Mr. INHOFE] was added as a cosponsor dates on State, local, and tribal gov- tional right of the Senate to change such of S. 191, a bill to amend the Endan- ernments without adequate funding, in rules (so far as relating to the Senate) at any gered Species Act of 1973 to ensure that a manner that may displace other es- time, in the same manner, and to the same constitutionally protected private sential governmental priorities; and to extent as in the case of any other rule of the Senate. property rights are not infringed until ensure that the Federal Government adequate protection is afforded by re- On page 42, lines 20 and 21, strike ‘‘the pays the costs incurred by those gov- Committee on Government Reform and Over- authorization of the Act, to protect ernments in complying with certain re- sight of the House of Representatives and’’. against economic losses from critical quirements under Federal statutes and On page 43, strike lines 9 through 12, and habitat designation, and for other pur- regulations; and for other purposes; as insert the following: poses. follows: ‘‘(A) ’’. S. 194 AMENDMENT NO. 20 At the request of Mr. MCCAIN, the On page 17, line 4, strike ‘‘or the House of AMENDMENT NO. 29 name of the Senator from Louisiana Representatives’’. On page 32, strike lines 12 through 24, and [Mr. JOHNSTON] was added as a cospon- insert the following: AMENDMENT NO. 21 sor of S. 194, a bill to repeal the Medi- ‘‘The provisions of sections 101, 102, 103, care and Medicaid Coverage Data On page 17, lines 12 and 13, strike ‘‘or the 104, and 107 are enacted by the Senate— Bank, and for other purposes. House of Representatives’’. ‘‘(1) as an exercise of the rulemaking power S. 205 of the Senate and as such they shall be con- AMENDMENT NO. 22 At the request of Mrs. BOXER, the sidered as part of the rules of the Senate and On page 26, strike lines 1 through 5 and in- names of the Senator from Arkansas such rules shall supersede other rules only to sert end quotation marks. the extent that they are inconsistent there- [Mr. PRYOR], the Senator from Virginia with; and [Mr. ROBB], the Senator from Montana AMENDMENT NO. 23 ‘‘(2) with full recognition of the constitu- [Mr. BAUCUS], and the Senator from On page 26, strike beginning with line 11 tional right of the Senate to change such Iowa [Mr. GRASSLEY] were added as co- through line 2 on page 28. rules (so far as relating to the Senate) at any S 1098 CONGRESSIONAL RECORD — SENATE January 18, 1995 time, in the same manner, and to the same untary national content standards, vol- On page 23, line 9, strike out ‘‘amend- extent as in the case of any other rule of the untary national student performance stand- ment,’’. Senate.’’ ards, or criteria for the certification of such On page 27, line 15, strike out ‘‘amend- content and student performance standards, ment,’’. on the subject of world and United States DODD (AND OTHERS) AMENDMENT history, developed prior to the date of enact- AMENDMENT NO. 35 NO. 30 ment of this Act. On page 5, line 23, after ‘‘or’’ insert ‘‘a con- (Ordered to lie on the table.) (b) PROHIBITION.—No Federal funds shall be dition of receipt of a Federal license; or’’. Mr. DODD (for himself, Mr. DASCHLE, awarded to, or expended by, the National Center for History in the Schools, after the On page 7, line 13, after ‘‘assistance’’ insert and Mr. LAUTENBERG) submitted the date of enactment of this Act, for the devel- ‘‘or a condition of receipt of a Federal li- following amendment intended to be opment of voluntary national content stand- cense’’. proposed by them to the bill S. 1, ards, voluntary national student perform- AMENDMENT NO. 36 supra; as follows: ance standards, or criteria for the certifi- On page 5, line 23, strike out ‘‘or’’ and in- At the appropriate place in the bill, insert cation of such content and student perform- sert in lieu thereof a semicolon. the following: ance standards, on the subject of such his- On page 6, insert between lines 2 and 3 the tory. SEC. . CONGRESSIONAL ENFORCEMENT OF A following new subclause: (c) SENSE OF THE SENATE.—It is the sense BALANCED BUDGET. ‘‘(III) any requirement for a license or per- of the Senate that— (a) PURPOSE.—The Congress declares it es- mit for the treatment and disposal of nuclear (1) voluntary national content standards, sential that the Congress prior to adopting and hazardous waste; or voluntary national student performance in the 1st session of the 104th Congress a On page 7, line 14, strike out ‘‘or’’. standards, and criteria for the certification joint resolution proposing an amendment to On page 7, insert between lines 16 and 17 of such content and student performance the Constitution requiring a balanced Fed- the following new clause: standards, on the subject of world and Unit- eral budget— ‘‘(iii) any requirement for a license or per- ed States history, established under title II (1) set forth with specificity the policies mit for the treatment and disposal of nuclear that achieving such a balanced Federal budg- of the Goals 2000: Educate America Act should not be based on standards developed and hazardous waste; or’’. et would require; and by the National Center for History in the (2) enforce through the congressional budg- Schools; and et process the requirement to achieve a bal- KOHL AMENDMENT NO. 37 (2) if the Department of Education, the Na- anced Federal budget. tional Endowment for the Humanities, or (Ordered to lie on the table.) (b) POINT OF ORDER AGAINST BUDGET RESO- any other Federal agency provides funds for Mr. KOHL submitted an amendment LUTIONS THAT FAIL TO SET FORTH A GLIDE the development of the standards and cri- PATH TO A BALANCED BUDGET.—Section 301 of intended to be proposed by him to the teria described in paragraph (1), the recipi- the Congressional Budget Act of 1974 is bill S. 1, supra; as follows: ent of such funds should have a decent re- amended by inserting at the end thereof the spect for the contributions of western civili- On page 24, line 21, strike the period and following new subsection: zation, and United States history, ideas, and insert the following: ‘‘; and ‘‘(j) CONGRESSIONAL ENFORCEMENT OF A institutions, to the increase of freedom and ‘‘(v) the bill, joint resolution, amendment, BALANCED BUDGET.—It shall not be in order prosperity around the world. motion, or conference report provides that to consider any concurrent resolution on the any State, local, or tribal government that budget (or amendment, motion, or con- already complies with the Federal intergov- ference report thereon) that— BINGAMAN AMENDMENTS NOS. 32– ernmental mandates included in the bill, ‘‘(1) fails to set forth appropriate levels for 36 joint resolution, amendment, motion, or con- all items described in subsection (a)(1) (Ordered to lie on the table.) ference report shall be eligible to receive through (7) for all fiscal years through 2002; Mr. BINGAMAN submitted five funds for the cost of the mandate, including ‘‘(2) sets forth a level of outlays for fiscal amendments intended to be proposed the costs the State, local, or tribal govern- year 2002 or any subsequent fiscal year that ment is currently paying and any additional exceeds the level of revenues for that fiscal by him to the bill S. 1, supra; as fol- costs necessary to meet the new mandate.’’. year; or lows: ‘‘(3) relies on the assumption of either— AMENDMENT NO. 32 ‘‘(A) reductions in direct spending; or On page 25, add after line 25 the following MURRAY AMENDMENTS NOS. 38–40 ‘‘(B) increases in revenues, without includ- new section: (Ordered to lie on the table.) ing specific reconciliation instructions under ‘‘(4) DETERMINATION BY REPORTING COMMIT- section 310 to carry out those assumptions.’’. Mrs. MURRAY submitted three TEE OF APPLICABILITY TO PENDING LEGISLA- amendments intended to be proposed (c) REQUIREMENT FOR 60 VOTES TO WAIVE OR TION.—Notwithstanding any provision of APPEAL IN THE SENATE.—Section 904 of the paragraph (1)(B), it shall always be in order by her to the bill S. 1, supra; as follows: Congressional Budget Act of 1974 is amended to consider a bill, resolution, or conference AMENDMENT NO. 38 by inserting ‘‘301(j),’’ after ‘‘301(i),’’ in both report if such report includes a determina- On page 21, insert between lines 13 and 14 places that it appears. tion by the reporting committee that the the following new paragraph: (d) SUSPENSION IN THE EVENT OF WAR OR pending measure is needed to serve a compel- ‘‘(2) TIME LIMITATIONS FOR ESTIMATES.—The CONGRESSIONALLY DECLARED LOW GROWTH.— ling national interest that furthers the pub- Director of the Congressional Budget Office Section 258(b)(2) of the Balanced Budget and lic health, safety, or welfare.’’ shall provide an estimate as required by this Emergency Deficit Control Act of 1985 is section— amended by inserting ‘‘301(j),’’ after ‘‘sec- AMENDMENT NO. 33 ‘‘(A) relating to a bill or resolution re- tions’’. On page 5, line 23, strike out ‘‘or’’ and in- ported by a committee, no later than one (e) EFFECTIVE DATE.—The amendments sert in lieu thereof a semicolon. week after the date on which the bill or reso- made by subsections (b), (c), and (d) shall On page 6, insert between lines 2 and 3 the lution is reported by the committee; and take effect on the date that a joint resolu- following new subclause: ‘‘(B) relating to an amendment or con- tion proposing a balanced budget amend- ‘‘(III) a law enforcement provision relating ference report, no later than one day after ment to the Constitution is adopted by the to organized crime; or the date on which the amendment is offered Congress. On page 7, line 14, strike out ‘‘or’’. or the conference report is submitted.’’. On page 7, insert between lines 16 and 17 GORTON (AND OTHERS) the following new clause: ‘‘(iii) a law enforcement provision relating AMENDMENT NO. 39 AMENDMENT NO. 31 to organized crime; or’’ On page 21, insert between lines 13 and 14 Mr. GORTON (for himself, Mr. the following new paragraph: LIEBERMAN, and Mr. GRAMM) proposed AMENDMENT NO. 34 ‘‘(2) TIME LIMITATIONS FOR STATEMENTS.— an amendment to the bill S. 1, supra; On page 21, line 24, strike out ‘‘amend- (A) The Director of the Congressional Budget as follows: ment,’’. Office shall provide the statement as re- On page 22, lines 5 and 6, strike out quired by this section— At the end of the language proposed to be ‘‘amendment,’’. ‘‘(i) relating to a bill or resolution ordered stricken by the amendment, add the follow- On page 22, line 10, strike out ‘‘amend- reported by a committee, no later than one ing: ment,’’. week after the date on which the bill or reso- SEC. . NATIONAL HISTORY STANDARDS. On page 22, lines 14 and 15, strike out lution is ordered reported by the committee; (a) IN GENERAL.—Notwithstanding any ‘‘amendment,’’. and other provision of law, the National Edu- On page 22, line 20, strike out ‘‘amend- ‘‘(ii) relating to an amendment or con- cation Goals Panel shall disapprove, and the ment,’’. ference report, no later than one day after National Education Standards and Improve- On page 22, lines 24 and 25, strike out the date on which the amendment is offered ment Council shall not certify, any vol- ‘‘amendment,’’. or the conference report is submitted. January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1099 ‘‘(B) Failure by the Director to meet the On page 13, between lines 8 and 9, insert SEC. 504. DEFINITIONS. time limitations in subparagraph (A) of this the following: For purposes of this title— paragraph shall vitiate the provisions of sub- ‘‘(7) is intended to study, control, deter, (1) the term ‘‘approved local flexibility section (c)(1)(A) of this section.’’. prevent, prohibit or otherwise mitigate child plan’’ means a local flexibility plan that pornography, child abuse and illegal child combines funds from Federal, State, local AMENDMENT NO. 40 labor.’’ government or private sources to address the On page 12, line 11, insert ‘‘(a)’’ before ‘‘The service needs of a community (or any part of provisions’’. HATFIELD AMENDMENTS NOS. 46– such a plan) that is approved by the Flexibil- On page 13, between lines 8 and 9, insert 47 ity Council under section 505; the following: (2) the term ‘‘community advisory com- (b) The provisions of this Act and the (Ordered to lie on the table.) mittee’’ means such a committee established amendments made by this Act also shall not Mr. HATFIELD submitted two by a local government under section 509; apply to any agreement between the Federal amendments, intended to be proposed (3) the term ‘‘Flexibility Council’’ means Government and a State, local, or tribal gov- by him to the bill, S. 1, supra; as fol- the council composed of the— ernment, or the private sector for the pur- lows: (A) Assistant to the President for Domes- pose of carrying out environmental restora- tic Policy; AMENDMENT NO. 46 tion or waste management activities of the (B) Assistant to the President for Eco- Department of Defense or the Department of At the end of the bill add the following new nomic Policy; Energy. title: (C) Secretary of the Treasury; TITLE V— (D) Attorney General; (E) Secretary of the Interior; GRASSLEY AMENDMENTS NOS. 41– LOCAL EMPOWERMENT AND FLEXIBILITY (F) Secretary of Agriculture; 44 SECTION 501. SHORT TITLE. This title may be cited as the ‘‘Local (G) Secretary of Commerce; (Ordered to lie on the table.) Empowerment and Flexibility Act of 1995’’. (H) Secretary of Labor; (I) Secretary of Health and Human Serv- Mr. GRASSLEY submitted four SEC. 502. FINDINGS. ices; amendments, intended to be proposed The Congress finds that— (J) Secretary of Housing and Urban Devel- by him, to the bill S. 1, supra; as fol- (1) historically, Federal programs have ad- opment; dressed the Nation’s problems by providing lows: (K) Secretary of Transportation; categorical financial assistance with de- AMENDMENT NO. 41 (L) Secretary of Education; tailed requirements relating to the use of On page 26, line 6, redesignate subsection (M) Secretary of Energy; funds; (b) as subsection (c), and insert the follow- (N) Secretary of Veterans Affairs; (2) while the assistance described in para- ing: (O) Secretary of Defense; graph (1) has been directed at critical prob- (b) WAIVER.—Subsections (c) and (d) of sec- (P) Director of Federal Emergency Man- lems, some program requirements may inad- tion 904 of the Congressional Budget and Im- agement Agency; vertently impede the effective delivery of poundment Control Act of 1974 are amended (Q) Administrator of the Environmental services; by inserting ‘‘408(c)(1)(A),’’ after ‘‘313,’’. (3) the Nation’s local governments and pri- Protection Agency; vate, nonprofit organizations are dealing (R) Director of National Drug Control Pol- AMENDMENT NO. 42 with increasingly complex problems which icy; On page 12, insert ‘‘age,’’ after ‘‘race,’’. require the delivery of many kinds of serv- (S) Administrator of the Small Business ices; Administration; AMENDMENT NO. 43 (4) the Nation’s communities are diverse, (T) Director of the Office of Management and Budget; and On page 32, between lines 5 and 6, insert and different needs are present in different (U) Chair of the Council of Economic Ad- the following: communities; (5) it is more important than ever to pro- visers. SEC. 103A. PROJECTED COSTS OF EXISTING FED- (4) the term ‘‘covered Federal financial as- ERAL MANDATES. vide programs that— sistance program’’ means an eligible Federal Not later than 6 months after the date of (A) promote more effective and efficient financial assistance program that is included enactment of this Act, the Congressional local delivery of services to meet the full in a local flexibility plan of a local govern- Budget Office shall conduct a study of the range of needs of individuals, families, and ment; projected 5-year costs to State and local gov- society; (5) the term ‘‘eligible Federal financial as- ernments and the private sector of unfunded (B) respond flexibly to the diverse needs of sistance program’’— mandates in existence on the date of enact- the Nation’s communities; (A) means a Federal program under which ment of this Act. The study shall estimate (C) reduce the barriers between programs financial assistance is available, directly or such costs based on the assumption that ex- that impede local governments’ ability to ef- piring programs and activities would be re- fectively deliver services; and indirectly, to a local government or a quali- authorized by Congress. (D) empower local governments and pri- fied organization to carry out the specified vate, nonprofit organizations to be innova- program; and (B) does not include a Federal program AMENDMENT NO. 44 tive in creating programs that meet the unique needs of their communities while under which financial assistance is provided At the appropriate place, insert the follow- continuing to address national policy goals; by the Federal Government directly to a ing: and beneficiary of that financial assistance or to SEC. . COST OF REGULATIONS. (6) many communities have innovative a State as a direct payment to an individual; (a) SENSE OF THE CONGRESS.—It is the sense planning and community involvement strat- (6) the term ‘‘eligible local government’’ of the Congress that Federal agencies should egies for providing services, but Federal, means a local government that is eligible to review and evaluate planned regulations to State, and local regulations often hamper receive financial assistance under 1 or more ensure that the costs of Federal regulations full implementation of local plans. covered Federal programs; are within the cost estimates provided by SEC. 503. PURPOSES. (7) the term ‘‘local flexibility plan’’ means the Congressional Budget Office. The purposes of this title are to— a comprehensive plan for the integration and (b) STATEMENT OF COST.—Not later than (1) enable more efficient use of Federal, administration by a local government of fi- January 1, 1998, the Director shall submit a State, and local resources; nancial assistance provided by the Federal report to the Congress including— (2) place less emphasis in Federal service Government under 2 or more eligible Federal (1) an estimate of the costs of regulations programs on measuring resources and proce- financial assistance programs; implementing each Act containing an un- dures and more emphasis on achieving Fed- (8) the term ‘‘local government’’ means a funded Federal mandate (as that term is de- eral, State, and local policy goals; subdivision of a State that is a unit of gen- fined in section 3(13) of the Federal Budget (3) enable local governments and private, eral local government (as defined under sec- and Impoundment Control Act of 1974, as nonprofit organizations to adapt programs of tion 6501 of title 31, United States Code); added by section 3(b) of this Act); and Federal financial assistance to the particu- (9) the term ‘‘priority funding’’ means giv- (2) a comparison of the costs of such regu- lar needs of their communities, by— ing higher priority (including by the assign- lations with cost estimate provided for such (A) drawing upon appropriations available ment of extra points, if applicable) to appli- Act by the Congressional Budget Office. from more than one Federal program; and cations for Federal financial assistance sub- (B) integrating programs and program mitted by a local government having an ap- BOXER AMENDMENT NO. 45 funds across existing Federal financial as- proved local flexibility program, by— sistance categories; and (A) a person located in the jurisdiction of (Ordered to lie on the table.) (4) enable local governments and private, such a government; or Mrs. BOXER submitted an amend- nonprofit organizations to work together (B) a qualified organization eligible for as- ment, intended to be proposed by her and build stronger cooperative partnerships sistance under a covered Federal financial to the bill, S. 1, supra; as follows: to address critical service problems. assistance program included in such a plan; S 1100 CONGRESSIONAL RECORD — SENATE January 18, 1995 (10) the term ‘‘qualified organization’’ (4) the eligible Federal financial assistance Federal program under the plan or part of means a private, nonprofit organization de- programs to be included in the plan as cov- the plan shall have on administration of the scribed in section 501(c)(3) of the Internal ered Federal financial assistance programs other covered Federal programs under that Revenue Code of 1986 that is exempt from and the specific benefits that shall be pro- plan or part of the plan; taxation under section 501(a) of the Internal vided under the plan under such programs, (C) the applicant local government has or Revenue Code of 1986; and including— is developing data bases, planning, and eval- (11) the term ‘‘State’’ means the 50 States, (A) criteria for determining eligibility for uation processes that are adequate for imple- the District of Columbia, Puerto Rico, Amer- benefits under the plan; menting the plan or part of the plan; ican Samoa, Guam, and the Virgin Islands. (B) the services available; (D) the plan shall more effectively achieve SEC. 505. PROVISION OF FEDERAL FINANCIAL AS- (C) the amounts and form (such as cash, in- Federal financial assistance goals at the SISTANCE IN ACCORDANCE WITH kind contributions, or financial instruments) APPROVED LOCAL FLEXIBILITY of nonservice benefits; and local level and shall better meet the needs of PLAN. (D) any other descriptive information the local citizens; (a) PAYMENTS TO LOCAL GOVERNMENTS.— Flexibility Council considers necessary to (E) implementation of the plan or part of Notwithstanding any other provision of law, approve the plan; the plan shall adequately achieve the pur- amounts available to a local government or (5) except for the requirements under sec- poses of this title and of each covered Fed- a qualified organization under a covered Fed- tion 508(b)(3), any Federal statutory or regu- eral financial assistance program under the eral financial assistance program included in latory requirement applicable under a cov- plan or part of the plan; an approved local flexibility plan shall be ered Federal financial assistance program in- (F) the plan and the application for ap- provided to and used by the local govern- cluded in the plan, the waiver of which is proval of the plan comply with the require- ment or organization in accordance with the necessary to implement the plan; ments of this title; approved local flexibility plan. (6) fiscal control and related accountabil- (G) the plan or part of the plan is adequate (b) ELIGIBILITY FOR BENEFITS.—An individ- ity procedures applicable under the plan; to ensure that individuals and families that ual or family that is eligible for benefits or (7) a description of the sources of all non- receive benefits under covered Federal finan- services under a covered Federal financial Federal funds that are required to carry out assistance program included in an approved cial assistance programs included in the plan covered Federal financial assistance pro- or part shall continue to receive benefits local flexibility plan may receive those bene- grams included in the plan; that meet the needs intended to be met fits only in accordance with the approved (8) written consent from each qualified or- under the program; and local flexibility plan. ganization for which consent is required SEC. 506. APPLICATION FOR APPROVAL OF under section 506(b)(2); and (H) the local government has— LOCAL FLEXIBILITY PLAN. (9) other relevant information the Flexibil- (i) waived the corresponding local laws (a) IN GENERAL.—A local government may ity Council may require to approve the plan. necessary for implementation of the plan; submit to the Flexibility Council in accord- (d) PROCEDURE FOR APPLYING.—(1) To apply and ance with this section an application for ap- for approval of a local flexibility plan, a (ii) sought any necessary waivers from the proval of a local flexibility plan. local government shall submit an applica- State. (b) CONTENTS OF APPLICATION.—An applica- tion in accordance with this section to the (2) The Flexibility Council may not ap- tion submitted under this section shall in- Governor of the State in which the local gov- prove any part of a local flexibility plan if— clude— ernment is located. (A) implementation of that part would re- (1)(A) a proposed local flexibility plan that (2) A Governor who receives an application sult in any increase in the total amount of complies with subsection (c); or from a local government under paragraph (1) obligations or outlays of discretionary ap- (B) a strategic plan submitted in applica- may, by no later than 30 days after the date tion for designation as an enterprise commu- propriations or direct spending under cov- of that receipt— nity or an empowerment zone under section ered Federal financial assistance programs (A) prepare comments on the proposed 1391 of the Internal Revenue Code of 1986; included in that part, over the amounts of local flexibility plan included in the applica- (2) certification by the chief executive of such obligations and outlays that would tion; the local government, and such additional occur under those programs without imple- (B) describe any State laws which are nec- assurances as may be required by the Flexi- mentation of the part; or essary to waive for successful implementa- bility Council, that— (B) in the case of a plan or part that ap- tion of a local plan; and (A) the local government has the ability plies to assistance to a qualified organiza- (C) submit the application and comments and authority to implement the proposed tion under an eligible Federal financial as- to the Flexibility Council. plan, directly or through contractual or sistance program, the qualified organization other arrangements, throughout the geo- (3) If a Governor fails to act within 30 days after receiving an application under para- does not consent in writing to the receipt of graphic area in which the proposed plan is that assistance in accordance with the plan. intended to apply; and graph (2), the applicable local government may submit the application to the Flexibil- (3) The Flexibility Council shall disapprove (B) amounts are available from non-Fed- a part of a local flexibility plan if a majority eral sources to pay the non-Federal share of ity Council. of the Council disapproves that part of the all covered Federal financial assistance pro- SEC. 507. REVIEW AND APPROVAL OF LOCAL plan based on a failure of the part to comply grams included in the proposed plan; and FLEXIBILITY PLANS. (3) any comments on the proposed plan (a) REVIEW OF APPLICATIONS.—Upon receipt with paragraph (1). submitted under subsection (d) by the Gov- of an application for approval of a local flexi- (4) In approving any part of a local flexibil- ernor of the State in which the local govern- bility plan under this title, the Flexibility ity plan, the Flexibility Council shall specify ment is located; Council shall— the period during which the part is effective. (4) public comments on the plan including (1) approve or disapprove all or part of the An approved local flexibility plan shall not the transcript of at least 1 public hearing plan within 45 days after receipt of the appli- be effective after the date of the termination and comments of the appropriate community cation; of effectiveness of this title under section advisory committee established under sec- (2) notify the applicant in writing of that 513. tion 509; and approval or disapproval by not later than 15 (5) Disapproval by the Flexibility Council (5) other relevant information the Flexibil- days after the date of that approval or dis- of any part of a local flexibility plan submit- ity Council may require to approve the pro- approval; and ted by a local government under this title posed plan. (3) in the case of any disapproval of a plan, shall not affect the eligibility of a local gov- (c) CONTENTS OF PLAN.—A local flexibility include a written justification of the reasons ernment, a qualified organization, or any in- plan submitted by a local government under for disapproval in the notice of disapproval dividual for benefits under any Federal pro- this section shall include— sent to the applicant. gram. (b) APPROVAL.—(1) The Flexibility Council (1) the geographic area to which the plan (c) MEMORANDA OF UNDERSTANDING.—(1) may approve a local flexibility plan for applies and the rationale for defining the The Flexibility Council may not approve a area; which an application is submitted under this part of a local flexibility plan unless each (2) the particular groups of individuals, by title, or any part of such a plan, if a major- local government and each qualified organi- service needs, economic circumstances, or ity of members of the Council determines zation that would receive financial assist- other defining factors, who shall receive that— services and benefits under the plan; (A) the plan or part shall improve the ef- ance under the plan enters into a memoran- (3)(A) specific goals and measurable per- fectiveness and efficiency of providing bene- dum of understanding under this subsection formance criteria, a description of how the fits under covered Federal programs included with the Flexibility Council. plan is expected to attain those goals and in the plan by reducing administrative in- (2) A memorandum of understanding under criteria; flexibility, duplication, and unnecessary ex- this subsection shall specify all understand- (B) a description of how performance shall penditures; ings that have been reached by the Flexibil- be measured; and (B) the applicant local government has ity Council, the local government, and each (C) a system for the comprehensive evalua- adequately considered, and the plan or part qualified organization that is subject to a tion of the impact of the plan on partici- of the plan appropriately addresses, any ef- local flexibility plan, regarding the approval pants, the community, and program costs; fect that administration of each covered and implementation of all parts of a local January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1101

flexibility plan that are the subject of the (B) for payment of a non-Federal share of (b) FUNCTIONS.—A community advisory memorandum, including understandings funding of an activity under a covered Fed- committee shall advise a local government with respect to— eral financial assistance program; or in the development and implementation of (A) all requirements under covered Federal (C) for grants received on a maintenance of its local flexibility plan, including advice financial assistance programs that are to be effort basis. with respect to— waived by the Flexibility Council under sec- (c) SPECIAL ASSISTANCE.—To the extent (1) conducting public hearings; and tion 508(b); permitted by law, the head of each Federal (2) reviewing and commenting on all com- (B)(i) the total amount of Federal funds agency shall seek to provide special assist- munity policies, programs, and actions under that shall be provided as benefits under or ance to a local government or qualified orga- the plan which affect low income individuals used to administer covered Federal financial nization to support implementation of an ap- and families, with the purpose of ensuring assistance programs included in those parts; proved local flexibility plan, including expe- maximum coordination and responsiveness or dited processing, priority funding, and tech- of the plan in providing benefits under the (ii) a mechanism for determining that nical assistance. plan to those individuals and families. amount, including specification of the total (d) EVALUATION AND TERMINATION.—(1) A (c) MEMBERSHIP.—The membership of a amount of Federal funds that shall be pro- local government, in accordance with regula- community advisory committee shall— vided or used under each covered Federal fi- tions issued by the Flexibility Council, (1) consist of— nancial assistance program included in those shall— (A) persons with leadership experience in parts; (A) submit such reports on and cooperate the private and voluntary sectors; (C) the sources of all non-Federal funds in such audits of the implementation of its (B) local elected officials; that shall be provided as benefits under or approved local flexibility plan; and (C) representatives of participating quali- used to administer those parts; (B) periodically evaluate the effect imple- fied organizations; and (D) measurable performance criteria that mentation of the plan has had on— (D) the general public; and shall be used during the term of those parts (i) individuals who receive benefits under (2) include individuals and representatives to determine the extent to which the goals the plan; of community organizations who shall help and performance levels of the parts are (ii) communities in which those individ- to enhance the leadership role of the local achieved; and uals live; and government in developing a local flexibility (E) the data to be collected to make that (iii) costs of administering covered Federal plan. financial assistance programs included in determination. (d) OPPORTUNITY FOR REVIEW AND COMMENT the plan. (d) LIMITATION ON CONFIDENTIALITY RE- BY COMMITTEE.—Before submitting an appli- (2) No later than 90 days after the end of QUIREMENTS.—The Flexibility Council may cation for approval of a final proposed local the 1-year period beginning on the date of not, as a condition of approval of any part of flexibility plan, a local government shall the approval by the Flexibility Council of an a local flexibility plan or with respect to the submit the final proposed plan for review and approved local flexibility plan of a local gov- implementation of any part of an approved comment by a community advisory commit- ernment, and annually thereafter, the local local flexibility plan, establish any confiden- tee established by the local government. government shall submit to the Flexibility tiality requirement that would— (e) COMMITTEE REVIEW OF REPORTS.—Before Council a report on the principal activities (1) impede the exchange of information submitting annual or final reports on an ap- and achievements under the plan during the needed for the design or provision of benefits proved Federal assistance plan, a local gov- period covered by the report, comparing ernment or private nonprofit organization under the parts; or those achievements to the goals and per- shall submit the report for review and com- (2) conflict with law. formance criteria included in the plan under ment to the community advisory committee. SEC. 508. IMPLEMENTATION OF APPROVED section 506(c)(3). LOCAL FLEXIBILITY PLANS; WAIVER (3)(A) The Flexibility Council may termi- SEC. 510. TECHNICAL AND OTHER ASSISTANCE. OF REQUIREMENTS. nate the effectiveness of an approved local (a) TECHNICAL ASSISTANCE.—(1) The Flexi- (a) PAYMENTS AND ADMINISTRATION IN AC- flexibility plan, if the Flexibility Council, bility Council may provide, or direct that CORDANCE WITH PLAN.—Notwithstanding any after consultation with the head of each Fed- the head of a Federal agency provide, tech- other law, any benefit that is provided under eral agency responsible for administering a nical assistance to a local government or a covered Federal financial assistance pro- covered Federal financial assistance program qualified organization in developing informa- gram included in an approved local flexibil- included in such, determines— tion necessary for the design or implementa- ity plan shall be paid and administered in (i) that the goals and performance criteria tion of a local flexibility plan. the manner specified in the approved local included in the plan under section 506(c)(3) (2) Assistance may be provided under this flexibility plan. have not been met; and subsection if a local government makes a re- (b) WAIVER OF REQUIREMENTS.—(1) Not- (ii) after considering any experiences quest that includes, in accordance with re- withstanding any other law and subject to gained in implementation of the plan, that quirements established by the Flexibility paragraphs (2) and (3), the Flexibility Coun- those goals and criteria are sound. Council— cil may waive any requirement applicable (B) In terminating the effectiveness of an (A) a description of the local flexibility under Federal law to the administration of, approved local flexibility plan under this plan the local government proposes to de- or provision of benefits under, any covered paragraph, the Flexibility Council shall velop; Federal assistance program included in an allow a reasonable period of time for appro- (B) a description of the groups of individ- approved local flexibility plan, if that waiver priate Federal, State, and local agencies and uals to whom benefits shall be provided is— qualified organizations to resume adminis- under covered Federal assistance programs (A) reasonably necessary for the imple- tration of Federal programs that are covered included in the plan; and mentation of the plan; and Federal financial assistance programs in- (C) such assurances as the Flexibility (B) approved by a majority of members of cluded in the plan. Council may require that— the Flexibility Council. (e) FINAL REPORT; EXTENSION OF PLANS.— (i) in the development of the application to (2) The Flexibility Council may not waive (1) No later than 45 days after the end of the be submitted under this title for approval of a requirement under this subsection unless effective period of an approved local flexibil- the plan, the local government shall provide the Council finds that waiver of the require- ity plan of a local government, or at any adequate opportunities to participate to— ment shall not result in a qualitative reduc- time that the local government determines (I) individuals and families that shall re- tion in services or benefits for any individual that the plan has demonstrated its worth, ceive benefits under covered Federal finan- or family that is eligible for benefits under a the local government shall submit to the cial assistance programs included in the covered Federal financial assistance pro- Flexibility Council a final report on its im- plan; and gram. plementation of the plan, including a full (II) governmental agencies that administer (3) The Flexibility Council may not waive evaluation of the successes and shortcomings those programs; and any requirement under this subsection— of the plan and the effects of that implemen- (ii) the plan shall be developed after con- (A) that enforces any constitutional or tation on individuals who receive benefits sidering fully— statutory right of an individual, including under those programs. (I) needs expressed by those individuals any right under— (2) The Flexibility Council may extend the and families; (i) title VI of the Civil Rights Act of 1964 effective period of an approved local flexibil- (II) community priorities; and (42 U.S.C. 2000d et seq.); ity plan for such period as may be appro- (III) available governmental resources in (ii) section 504 of the Rehabilitation Act of priate, based on the report of a local govern- the geographic area to which the plan shall 1973 (29 U.S.C. 701 et seq.); ment under paragraph (1). apply. (iii) title IX of the Education Amendments SEC. 509. COMMUNITY ADVISORY COMMITTEES. (b) DETAILS TO COUNCIL.—At the request of of 1972 (86 Stat. 373 et seq.); (a) ESTABLISHMENT.—A local government the Flexibility Council and with the ap- (iv) the Age Discrimination Act of 1975 (42 that applies for approval of a local flexibility proval of an agency head who is a member of U.S.C. 6101 et seq.); or plan under this title shall establish a com- the Council, agency staff may be detailed to (v) the Americans with Disabilities Act of munity advisory committee in accordance the Flexibility Council on a nonreimbursable 1990 (42 U.S.C. 12101 et seq.); with this section. basis. S 1102 CONGRESSIONAL RECORD — SENATE January 18, 1995 SEC. 511. FLEXIBILITY COUNCIL. Senate and the Committee on Government and it has the potential to completely trans- (a) FUNCTIONS.—The Flexibility Council Operations of the House of Representatives. form the relationships among Federal, State shall— The committee shall make its recommenda- and local governments by creating a system (1) receive, review, and approve or dis- tions to the Senate or House of Representa- of intergovernmental service delivery and approve local flexibility plans for which ap- tives within 30 calendar days of the date of funding that is based on measurable perform- proval is sought under this title; such resolution’s introduction. ance, customer satisfaction, prevention, (2) upon request from an applicant for such (d) DISCHARGE FROM COMMITTEE.—If the flexibility, and service integration; and approval, direct the head of an agency that committee to which a resolution is referred (7) the Oregon Option has the potential to administers a covered Federal financial as- has not reported such resolution at the end dramatically improve the quality of Federal, sistance program under which substantial of 30 calendar days after its introduction, State and local services to Oregonians. Federal financial assistance would be pro- that committee shall be deemed to be dis- (b) SENSE OF THE SENATE.—It is the sense vided under the plan to provide technical as- charged from further consideration of such of the Senate that the Oregon Option project sistance to the applicant; resolution and such resolution shall be has the potential to improve intergovern- (3) monitor the progress of development placed on the appropriate calendar of the mental service delivery by shifting account- and implementation of local flexibility House involved. ability from compliance to performance re- plans; (e) VOTE ON FINAL PASSAGE.—When the sults and that the Federal Government (4) perform such other functions as are as- committee has reported or has been deemed should continue in its partnership with the signed to the Flexibility Council by this to be discharged from further consideration State and local governments of Oregon to title; and of a resolution described under subsection fully implement the Oregon Option. (5) issue regulations to implement this (a), it is at any time thereafter in order for title within 180 days after the date of its en- any Member of the respective House to move actment. to proceed to the consideration of the resolu- MCCAIN AMENDMENTS NOS. 48–50 tion. (b) REPORTS.—No less than 18 months after (Ordered to lie on the table.) the date of the enactment of this Act, and (f) RULES OF THE SENATE AND HOUSE.—This annually thereafter, the Flexibility Council section is enacted by Congress— Mr. MCCAIN submitted three amend- shall submit a report on the 5 Federal regu- (1) as an exercise of the rulemaking power ments, intended to be proposed by him, lations that are most frequently waived by of the Senate and House of Representatives, to the bill S. 1, supra; as follows: respectively, and as such it is deemed a part the Flexibility Council for local govern- AMENDMENT NO. 48 ments with approved local flexibility plans of the rules of each House, respectively, but On page 20, strike line 15 and insert the fol- to the President and the Congress. The applicable only with respect to the procedure lowing: ‘‘that determination in the state- President shall review the report and deter- to be followed in that House in the case of a ment. mine whether to amend or terminate such resolution described in subsection (a), and it ‘‘(iv) The Director shall, to the extent per- Federal regulations. supersedes other rules only to the extent mitted in law, develop an effective process to SEC. 512. REPORT. that it is inconsistent with such rules; and (2) with full recognition of the constitu- permit elected officials (or their designated No later than 54 months after the date of tional right of either House to change the representatives) of State, local, and tribal the enactment of this Act, the Comptroller rules (so far as relating to the procedure of governments to provide meaningful and General of the United States shall submit to that House) at any time, in the same man- timely input in the development of the cost the Congress, a report that— ner, and to the same extent as in the case of estimates to be prepared by the Congres- (1) describes the extent to which local gov- any other rule of that House. sional Budget Office pursuant to this Act.’’ ernments have established and implemented approved local flexibility plans; AMENDMENT NO. 47 (2) evaluates the effectiveness of covered AMENDMENT NO. 49 Federal assistance programs included in ap- At the end of the bill, and the following On page 32, strike line 9 through line 23, proved local flexibility plans; and new title: and insert in lieu thereof the following: ‘‘per- (3) includes recommendations with respect TITLE V—OREGON OPTION PROPOSAL mitted in Chapter 5 of Title 5, United States to local flexibility. SEC. 501. OREGON OPTION PROPOSAL. Code (Commonly referred to as the Adminis- SEC. 513. CONDITIONAL TERMINATION. (a) FINDINGS.—The Senate finds that— trative Procedures Act)— This title is repealed on the date that is 5 (1) Federal, State and local governments ‘‘(1) assess the effects of Federal regula- years after the date of the enactment of this are dealing with increasingly complex prob- tions on State, local, and tribal governments Act unless extended by the Congress through lems which require the delivery of many (other than to the extent that such regula- the enactment of the resolution described kinds of social services at all levels of gov- tions incorporate requirements specifically under section 514. ernment; set forth in legislation), and the private sec- SEC. 515. JOINT RESOLUTION FOR THE CONTINU- (2) historically, Federal programs have ad- tor including specifically the availability of ATION AND EXPANSION OF LOCAL dressed the Nation’s problems by providing resources to carry out any Federal intergov- FLEXIBILITY PROGRAMS. categorical assistance with detailed require- ernmental mandates in those regulations; (a) DESCRIPTION OF RESOLUTION.—A resolu- ments relating to the use of funds which are and tion referred to under section 513 is a joint often delivered by State and local govern- ‘‘(2) seek to minimize those burdens that resolution the matter after the resolving ments; uniquely or significantly affect such govern- clause is as follows: ‘‘That Congress approves (3) although the current approach is one mental entities, consistent with achieving the application of local flexibility plans to method of service delivery, a number of statutory and regulatory objectives. all local governments in the United States in problems exist in the current intergovern- ‘‘(b) STATE, LOCAL, AND TRIBAL GOVERN- accordance with the Local Empowerment mental structure that impede effective deliv- MENT INPUT.—Each agency shall, to the ex- and Flexibility Act of 1995, and that— ery of vital services by State and local gov- tent permitted in the Administrative Proce- ‘‘(1) if the provisions of such Act have not ernments; dures Act, develop an effective process to been repealed under section 513 of such Act, (4) it is more important than ever to pro- permit elected officials.’’ such provisions shall remain in effect; and vide programs that respond flexibly to the On page 25, strike lines 7 through 10, and ‘‘(2) if the repeal under section 513 of such needs of the Nation’s States and commu- insert the following: ‘‘(3) COMMITTEE ON AP- Act has taken effect, the provisions of such nities, reduce the barriers between programs PROPRIATIONS.—Paragraph (1)— Act shall be effective as though such provi- that impede Federal, State and local govern- ‘‘(A) shall not apply to any bill or resolu- sions had not been repealed.’’. ments’ ability to effectively deliver services, tion reported by the Committee on Appro- (b) INTRODUCTION.—No later than 30 days encourage the Nation’s Federal, State and priations of the Senate or the House of Rep- after the transmittal by the Comptroller local governments to be innovative in creat- resentatives; but General of the United States to the Congress ing programs that meet the unique needs of ‘‘(B) shall apply to— of the report required in section 512, a reso- the people in their communities while con- ‘‘(i) Any legislative provision increasing lution as described under subsection (a) shall tinuing to address national goals, and im- direct costs of a federal inter-governmental be introduced in the Senate by the chairman prove the accountability of all levels of gov- mandate contained in any bill or resolution of the Committee on Governmental Affairs, ernment by better measuring government reported by such Committee; or by a Member or Members of the Senate performance and better meeting the needs of ‘‘(ii) any legislative provision increasing designated by such chairman, and shall be service recipients; direct costs of a federal inter-governmental introduced in the House of Representatives (5) the State and local governments of Or- mandate contained in any amendment of- by the Chairman of the Committee on Gov- egon have begun a pilot project, called the fered to a bill or resolution reported by such ernment Operations, or by a Member or Oregon Option, that will utilize strategic Committee; Members of the House of Representatives planning and performance-based manage- ‘‘(iii) any legislative provision increasing designated by such chairman. ment that may provide new models for inter- direct costs of a federal inter-governmental (c) REFERRAL.—A resolution as described governmental social service delivery; mandate in a conference report accompany- under subsection (a) shall be referred to the (6) the Oregon Option is a prototype of a ing a bill or resolution reported by such Committee on Governmental Affairs of the new intergovernmental relations system, Committee; and January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1103 ‘‘(iv) any legislative provision increasing ment from imposing personal jurisdiction this title to collect nonuniform local sales direct costs of a federal inter-governmental and tax obligations on out-of-State firms taxes shall elect to collect either— mandate contained in any amendments in that purposefully solicit sales from residents (A) all nonuniform local sales taxes appli- disagreement between the two Houses to any therein, and that the Congress has the power cable to transactions in the State, or bill or resolution reported by such Commit- to authorize State governments to require (B) a fee (at the rate determined under tee. out-of-State firms to collect State and local paragraph (3)) which shall be in lieu of the ‘‘(C) Upon a point of order being made by sales taxes, and nonuniform local sales taxes described in any Senator against any provision listed in (9) as a matter of federalism, the Federal subparagraph (A). Government has a duty to assist State and Paragraph (3)(B), and the point of order Such election shall require the person to use local governments in collecting sales taxes being sustained by the Chair, such specific the method elected for all transactions in on sales from out-of-State firms. provision shall be deemed stricken from the the State while the election is in effect. bill, resolution, amendment, amendment in SEC. ll03. AUTHORITY FOR COLLECTION OF (3) RATE OF IN-LIEU FEE.—For purposes of SALES TAX. disagreement, or conference report and may paragraph (2)(B), the rate of the in-lieu fee (a) IN GENERAL.—A State is authorized to not be offered as an amendment from the for any calendar year shall be an amount floor.’’. require a person who is subject to the per- sonal jurisdiction of the State to collect and equal to the product of— remit a State sales tax, a local sales tax, or (A) the amount determined by dividing MCCONNELL AMENDMENT NO. 51 both, with respect to tangible personal prop- total nonuniform local sales tax revenues collected in the State for the most recently (Ordered to lie on the table.) erty if— (1) the destination of the tangible personal completed State fiscal year for which data is Mr. MCCONNELL submitted an available by total State sales tax revenues amendment intended to be proposed by property is in the State, (2) during the 1-year period ending on Sep- for the same year, and him to the bill, S. 1, supra, as follows: tember 30 of the calendar year preceding the (B) the State sales tax rate. On page 12, line 18, after ‘‘national origin,’’ calendar year in which the taxable event oc- Such amount shall be rounded to the nearest insert ‘‘age,’’. curs, the person has gross receipts from sales 0.25 percent. of such tangible personal property— (4) NONUNIFORM LOCAL SALES TAXES.—For BUMPERS AMENDMENTS NOS. 52–53 (A) in the United States exceeding purposes of this title, nonuniform local sales $3,000,000, or taxes are local sales taxes which do not meet (Ordered to lie on the table.) (B) in the State exceeding $100,000, and the requirements of subsection (a). Mr. BUMPERS submitted two (3) the State, on behalf of its local jurisdic- (c) DISTRIBUTION OF LOCAL SALES TAXES.— amendments intended to be proposed tions, collects and administers all local sales (1) IN GENERAL.—Except as provided in sub- by him to the bill, S. 1, supra, as fol- taxes imposed pursuant to this title. section (d), a State shall distribute to local lows: (b) STATES MUST COLLECT LOCAL SALES jurisdictions a portion of the amounts col- TAXES.— Except as provided in section lected pursuant to this title determined on AMENDMENT NO. 52 ll04(d), a State in which both State and the basis of— At the appropriate place, insert the follow- local sales taxes are imposed may not re- (A) in the case of uniform local sales taxes, ing new title: quire State sales taxes to be collected and the proportion which each local jurisdiction TITLE ll—COLLECTION OF STATE AND remitted under subsection (a) unless the receives of uniform local sales taxes not col- LOCAL SALES TAXES State also requires the local sales taxes to be lected pursuant to this title, collected and remitted under subsection (a). SEC. ll01. SHORT TITLE. (B) in the case of in-lieu fees described in (c) AGGREGATION RULES.—All persons that subsection (b)(2)(B), the proportion which This title may be cited as the ‘‘Consumer would be treated as a single employer under each local jurisdiction’s nonuniform local and Main Street Business Protection Act of section 52 (a) or (b) of the Internal Revenue sales tax receipts bears to the total 1995’’. Code of 1986 shall be treated as one person nonuniform local sales tax receipts in the SEC. ll02. FINDINGS. for purposes of subsection (a). State, and The Congress finds that— (d) DESTINATION.—For purposes of sub- (C) in the case of any nonuniform local (1) merchandise purchased from out-of- section (a), the destination of tangible per- State firms is subject to State and local sonal property is the State or local jurisdic- sales tax collected pursuant to this title, the sales taxes in the same manner as merchan- tion which is the final location to which the geographical location of the transaction on dise purchased from in-State firms, seller ships or delivers the property, or to which the tax was imposed. (2) State and local governments generally which the seller causes the property to be The amounts determined under subpara- are unable to compel out-of-State firms to shipped or delivered, regardless of the means graphs (A) and (B) shall be calculated on the collect and remit such taxes, and con- of shipment or delivery or the location of the basis of data for the most recently completed sequently, many out-of-State firms choose buyer. State fiscal year for which the data is avail- not to collect State and local taxes on mer- SEC.ll04. TREATMENT OF LOCAL SALES TAXES. able. chandise delivered across State lines, (a) UNIFORM LOCAL SALES TAXES.— (2) TIMING.—Amounts described in para- (3) moreover, many out-of-State firms fail (1) IN GENERAL.—Sales taxes imposed by graph (1) (B) or (C) shall be distributed by a to inform their customers that such taxes local jurisdictions of a State shall be deemed State to its local jurisdictions in accordance exist, with some firms even falsely claim to be uniform for purposes of this title and with State timetables for distributing local that merchandise purchased out-of-State is shall be collected under this title in the sales taxes, but not less frequently than tax-free, and consequently, many consumers same manner as State sales taxes if— every calendar quarter. Amounts described unknowingly incur tax liabilities, including (A) such local sales taxes are imposed at in paragraph (1)(A) shall be distributed by a interest and penalty charges, the same rate and on identical transactions State as provided under State law. (4) Congress has a duty to protect consum- in all geographic areas in the State, and (3) TRANSITION RULE.—If, upon the effective ers from explicit or implicit misrepresenta- (B) such local sales taxes imposed on sales date of this title, a State has a State law in tions of State and local sales tax obligations, by out-of-State persons are collected and ad- effect providing a method for distributing (5) small businesses, which are compelled ministered by the State. local sales taxes other than the method to collect State and local sales taxes, are (2) APPLICATION TO BORDER JURISDICTION under this subsection, then this subsection subject to unfair competition when out-of- TAX RATES.—A State shall not be treated as shall not apply to that State until the 91st State firms cannot be compelled to collect failing to meet the requirements of para- day following the adjournment sine die of and remit such taxes on their sales to resi- graph (1)(A) if, with respect to a local juris- that State’s next regular legislative session dents of the State, diction which borders on another State, such which convenes after the effective date of (6) State and local governments provide a State or local jurisdiction— this title (or such earlier date as State law number of resources to out-of-State firms in- (A) either reduces or increases the local may provide). Local sales taxes collected cluding government services relating to dis- sales tax in order to achieve a rate of tax pursuant to this title prior to the applica- posal of tons of catalogs, mail delivery, com- equal to that imposed by the bordering State tion of this subsection shall be distributed as munications, and bank and court systems, on identical transactions, or provided by State law. (7) the inability of State and local govern- (B) exempts from the tax transactions (d) EXCEPTION WHERE STATE BOARD COL- ments to require out-of-State firms to col- which are exempt from tax in the bordering LECTS TAXES.—Notwithstanding section lect and remit sales taxes deprives State and State. ll03(b) and subsections (b) and (c) of this local governments of needed revenue and (b) NONUNIFORM LOCAL SALES TAXES.— section, if a State had in effect on January forces such State and local governments to (1) IN GENERAL.—Except as provided in sub- 1, 1995, a State law which provides that local raise taxes on taxpayers, including consum- section (d), nonuniform local sales taxes re- sales taxes are collected and remitted by a ers and small businesses, in such State, quired to be collected pursuant to this title board of elected States officers, then for any (8) the Supreme Court ruled in Quill Cor- shall be collected under one of the options period during which such law continues in ef- poration v. North Dakota, 112 S. Ct. 1904 provided under paragraph (2). fect— (1992) that the due process clause of the Con- (2) ELECTION.—For purposes of paragraph (1) the State may require the collection stitution does not prohibit a State govern- (1), any person required under authority of and remittance under this title of only the S 1104 CONGRESSIONAL RECORD — SENATE January 18, 1995 State sales taxes and the uniform portion of State on behalf of such jurisdiction or area, telecommunicated solicitation, order form, local sales taxes, and and invoice, or sales document which a person (2) the State may distribute any local sales (B) a sales tax imposed by a local jurisdic- presents, telecommunicates, mails, delivers, taxes collected pursuant to this title in ac- tion or other State-authorized entity pursu- or causes to be presented, cordance with State law. ant to the authority of State law, local law, telecommunicated, mailed, or delivered to a SEC.ll05. RETURN AND REMITTANCE REQUIRE- or both; purchaser or prospective purchaser. MENTS. (3) the term ‘‘person’’ means an individual, (d) REGULATORY AUTHORITY.—The Sec- (a) IN GENERAL.—A State may not require a trust, estate, partnership, society, associa- retary of Commerce may issue such regula- any person subject to this title— tion, company (including a limited liability tions as are necessary to ensure compliance (1) to file a return reporting the amount of company) or corporation, whether or not with this section, including regulations as to any tax collected or required to be collected acting in a fiduciary or representative capac- what constitutes prominently displaying a under this title, or to remit the receipts of ity, and any combination of the foregoing; notice. such tax, more frequently than once with re- (4) the term ‘‘sales tax’’ means a tax, in- SEC. ll04. PENALTIES. spect to sales in a calendar quarter, or cluding a compensating use tax, that is— Any person who willfully fails to include (2) to file the initial such return, or to (A) imposed on or incident to the sale, pur- any notice under section l03 shall be fined make the initial such remittance, before the chase, storage, consumption, distribution, or not more than $100 for each such failure. 90th day after the person’s first taxable other use of tangible personal property as SEC. ll05. DEFINITIONS. transaction under this Act. may be defined or specified under the laws For purposes of this title— (b) LOCAL TAXES.—The provisions of sub- imposing such tax, and (1) the term ‘‘compensating use tax’’ section (a) shall also apply to any person re- (B) measured by the amount of the sales means a tax imposed on or incident to the quired by a State acting under authority of price, cost, charge or other value of or for use, storage, consumption, distribution, or this title to collect a local sales tax or in- such property; and other use within a State or local jurisdiction lieu fee. (5) the term ‘‘State’’ means any of the sev- or other area of a State, of tangible personal ll eral States of the United States, the District SEC. 06. NONDISCRIMINATION AND EXEMP- property, TIONS. of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the (2) the term ‘‘local sales tax’’ means a sales Any State which exercises any authority tax imposed in a local jurisdiction or area of granted under this title shall allow to all United States. ll a State and includes, but is not limited to— persons subject to this title all exemptions SEC. 10. EFFECTIVE DATE. (A) a sales tax or in-lieu fee imposed in a or other exceptions to State and local sales This title shall take effect 180 days after local jurisdiction or area of a State by the taxes which are allowed to persons located the date of the enactment of this Act. In no State on behalf of such jurisdiction or area, within the State or local jurisdiction. event shall this title apply to any sale occur- and SEC.ll07. APPLICATION OF STATE LAW. ring before such effective date. (B) a sales tax imposed by a local jurisdic- (a) PERSONS REQUIRED TO COLLECT STATE tion or other State-authorized entity pursu- OR LOCAL SALES TAX.—Any person required AMENDMENT NO. 53 ant to the authority of State law, local law, by section ll03 to collect a State or local At the appropriate place, insert the follow- or both, sales tax shall be subject to the laws of such ing new title: (3) the term ‘‘person’’ means an individual, State relating to such sales tax to the extent TITLE ll—CONSUMER PROTECTION TAX a trust, estate, partnership, society, associa- that such laws are consistent with the limi- DISCLOSURE tion, company (including a limited liability tations contained in this title. SEC. ll01. SHORT TITLE. company), or corporation, whether or not (b) LIMITATIONS.—Except as provided in This title may be cited as the ‘‘Direct Mar- acting in a fiduciary or representative capac- subsection (a), nothing in this title shall be keting Consumer Protection Act of 1995’’. ity, and any combination of the foregoing, construed to permit a State— ll (4) the term ‘‘sales tax’’ means a tax, in- (1) to license or regulate any person, SEC. 02. FINDINGS. cluding a compensating use tax, that is— (2) to require any person to qualify to The Congress finds that— (A) imposed on or incident to the sale, pur- transact intrastate business, or (1) merchandise purchased from out-of- chase, storage, consumption, distribution, or (3) to subject any person to State taxes not State firms is subject to State and local other use of tangible personal property as related to the sales of tangible personnel sales taxes in the same manner as merchan- may be defined or specified under the laws property. dise purchased from in-State firms, imposing such tax, and (c) PREEMPTION.—Except as otherwise pro- (2) many out-of-State firms, however, (B) measured by the amount of the sales vided in this title, this title shall not be con- choose not to collect State and local taxes price, cost, charge, or other value of or for strued to preempt or limit any power exer- on merchandise delivered across State lines, such property, and cised or to be exercised by a State or local (3) moreover, many out-of-State firms fail (5) the term ‘‘State’’ means any of the sev- jurisdiction under the law of such State or to inform their customers that such taxes eral States of the United States, the District local jurisdiction or under any other Federal exist, and some firms even falsely claim that of Columbia, the Commonwealth of Puerto law. merchandise purchased out-of-State is tax- Rico, and any territory or possession of the SEC.ll08. TOLL-FREE INFORMATION SERVICE. free, United States. (4) consequently, many customers unknow- A State shall not have power under this ll ingly incur tax liabilities, including interest SEC. 06. EFFECTIVE DATE. title to require any person to collect a State and penalty charges, and This title shall take effect 180 days after or local sales tax on any sale unless, at the (5) Congress has a duty to protect consum- the date of the enactment of this Act. In no time of such sale, such State has a toll-free ers from explicit or implicit misrepresenta- event shall this Act apply to any sale occur- telephone service available to provide such tions of State and local sales tax obligations. ring before such effective date. person information relating to collection of ll such State or local sales tax. Such informa- SEC. 03. DISCLOSURE REQUIREMENT. tion shall include, at a minimum, all appli- (a) DISCLOSURE REQUIREMENT.—Any person BRADLEY AMENDMENT NO. 54 cable tax rates, return and remittance ad- selling tangible personal property who— (1) delivers such property, or causes such (Ordered to lie on the table.) dresses and deadlines, and penalty and inter- Mr. BRADLEY submitted an amend- est information. As part of the service, the property to be delivered, to a person in an- State shall also provide all necessary forms other State, and ment intended to be proposed by him and instructions at no cost to any person (2) does not collect and remit all applicable to the bill S. 1; supra; as follows: using the service. The State shall promi- State and local sales taxes pertaining to the On page 33, strike out line 9 and insert in nently display the toll-free telephone num- sale and use of such property, lieu thereof the following: ber on all correspondence with any person shall prominently display the notice de- SEC. 107. IMPACT ON LOCAL GOVERNMENTS. using the service. This service may be pro- scribed in subsection (b) on all applicable (A) FINDINGS.—The Senate finds that— vided jointly with other States. documents. (1) the Congress should be concerned about SEC.ll09. DEFINITIONS. (b) DISCLOSURE NOTICE.—The notice de- shifting costs from Federal to State and For the purposes of this title— scribed in this subsection is as follows: local authorities and should be equally con- (1) the term ‘‘compensating use tax’’ ‘‘NOTICE REGARDING TAXES: You may cerned about the growing tendency of States means a tax imposed on or incident to the be required by your State or local govern- to shift costs to local governments; use, storage, consumption, distribution, or ment to pay sales or use tax on these prod- (2) cost shifting from States to local gov- other use within a State or local jurisdiction ucts. Such taxes are imposed in nearly all ernments has, in many instances, forced or other area of a State, of tangible personal States. Failure to pay such taxes could re- local governments to raise property taxes or property; sult in civil or criminal penalties. For infor- curtail sometimes essential services; and (2) the term ‘‘local sales tax’’ means a sales mation on your tax obligations, contact your (3) increases in local property taxes and tax imposed in a local jurisdiction or area of State taxation department.’’ cuts in essential services threaten the abil- a State and includes, but is not limited to— (c) APPLICABLE DOCUMENTS.—For purposes ity of many citizens to attain and maintain (A) a sales tax or in-lieu fee imposed in a of subsection (a), the term ‘‘applicable docu- the American dream of owning a home in a local jurisdiction or area of a State by the ment’’ means any written or safe, secure community. January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1105

(b) SENSE OF THE SENATE.—It is the sense On page 13, line 8, strike the period and in- trances Act of 1994, a law establishing Fed- of the Senate that— sert ‘‘; or’’. eral criminal penalties and civil remedies for (1) the Federal Government should not On page 13, between lines 8 and 9, insert certain violent, threatening, obstructive and shift certain costs to the State, and States the following: destructive conduct that is intended to in- should end the practice of shifting costs to (7) provides for the protection of the health jure, intimidate or interfere with persons local governments, which forces many local of children under the age of 5, pregnant seeking to obtain or provide reproductive governments to increase property taxes; women, or the frail elderly. health services; (2) States should end the imposition, in the ‘‘(6) violence is not a mode of free speech absence of full consideration by their legisla- BOXER AMENDMENT NO. 59 and should not be condoned as a method of tures, of State issued mandates on local gov- expressing an opinion; ernments without adequate State funding, in (Ordered to lie on the table.) ‘‘(7) persons exercising their constitutional a manner that may displace other essential Mrs. BOXER submitted an amend- rights and acting completely within the law government priorities; and ment intended to be proposed by her to are entitled to full protection from the Fed- (3) one primary objective of this Act and the bill S. 1; supra; as follows: eral Government; other efforts to change the relationship ‘‘(8) the Freedom of Access to Clinic En- On page 6, line 10, strike ‘‘or’’. among Federal, State, and local govern- trances Act of 1994 imposes a mandate on the ments should be to reduce taxes and spend- On page 7, line 7, strike the period at the end and insert ‘‘; or’’. Federal Government to protect individuals ing at all levels and to end the practice of seeking to obtain or provide reproductive shifting costs from one level of government On page 7, between lines 7 and 8, insert the following: health services; and to another with little or no benefit to tax- ‘‘(9) the President has instructed the At- payers. ‘‘(C)(i) any provision in legislation, stat- ute, or regulation that would impose costs torney General to order— SEC. 108. EFFECTIVE DATE. upon State, local, or tribal governments to ‘‘(A) the United States Attorneys to create provide services to illegal immigrants; or task forces of Federal, State and local law ‘‘(ii) any failure of the Federal government enforcement officials and develop plans to LIEBERMAN AMENDMENTS NOS. address security for reproductive health care 55–56 to meet a Federal responsibility that results in costs to State, local or tribal governments clinics located within their jurisdictions; (Ordered to lie on the table.) with respect to illegal immigrants on or and Mr. LIEBERMAN submitted two after the date of enactment of the Unfunded ‘‘(B) the United States Marshals Service to amendments intended to be proposed Mandate Reform Act of 1995. ensure coordination between clinics and Fed- On page 42, after line 25, insert the follow- eral, State and local law enforcement offi- by him to the bill S. 1; supra; as fol- cials regarding potential threats of violence. lows: ing: (e) IMMIGRATION REPORT.—Not later than 3 ‘‘(b) SENSE OF THE SENATE.—It is the sense AMENDMENT NO. 55 months after the date of enactment of this of the Senate that the United States Attor- On page 25, after line 25, add the following: Act, the Advisory Commission shall develop ney General should fully enforce the law and ‘‘(6) EXCLUSION.—For purposes of paragraph a plan for reimbursing State, local, and trib- take any further necessary measures to pro- (1)(B), the term ‘Federal intergovernmental al governments for costs associated with pro- tect persons seeking to provide or obtain, or mandates’ shall not include a provision in viding services to illegal immigrants based assist in providing or obtaining, reproductive any bill, joint resolution, amendment, mo- on the best available cost and revenue esti- health services from violence attack.’’. tion, or conference report that would apply mates, including— ∑ Mr. BAUCUS. Mr. President, I want in the same manner to the activities, facili- (1) education; to express my support for Senator ties, or services of State, local, or tribal gov- (2) incarceration; and BOXER’s amendment to S.1, which asks ernments and the private sector. (3) health care. the Attorney General to act imme- AMENDMENT NO. 56 diately to protect womens’ health care BOXER (AND OTHERS) clinics. On page 25, after line 25, add the following: AMENDMENT NO. 60 ‘‘(6) EXCLUSION.—For purposes of paragraph The shootings last month at two (1)(B), the term ‘Federal intergovernmental (Ordered to lie on the table.) clinics in Massachusetts and one in mandates’ shall not include a provision in Mrs. BOXER (for herself, Mrs. MUR- Virginia remind me of the problems we any bill, joint resolution, motion, or con- RAY, Mr. FEINGOLD, Mr. KENNEDY, Mr. have experienced in my home State of ference report that would apply in the same CAMPBELL, Mr. SIMON, Mr. LAUTEN- Montana. In 1993, an arsonist burned manner to the activities, facilities, or serv- BERG, Mr. DODD, Mr. BAUCUS, Mr. and destroyed the Blue Mountain Wom- ices of State, local, or tribal governments and the private sector. LEVIN, Mr. LIEBERMAN, Ms. MOSELEY- en’s Clinic in Missoula, the second clin- BRAUN, Mr. HARKIN, Mr. PELL, Mr. ic that closed in Montana due to arson INOUYE, Ms. MIKULSKI, and Mrs. FEIN- in the span of a year and a half. And I HOLLINGS AMENDMENT NO. 57 STEIN) submitted an amendment in- recall Dr. Susan Wicklund from Boze- (Ordered to lie on the table.) tended to be proposed by her to the bill man, who was repeatedly harassed by Mr. HOLLINGS submitted an amend- S. 1, supra; as follows: life-threatening letters and calls. Prior ment intended to be proposed by him In lieu of the matter proposed to be in- to passage of the Freedom of Access to to the bill S. 1; supra; as follows: serted by Committee amendment number , Clinic Entrances Act of 1994, the Fed- SEC. . Sense of the Senate concerning insert the following ‘‘considered on or after eral Bureau of Investigations did not Congressional Enforcement of a Balanced such date. have the authority to protect Dr. Budget. ‘‘SEC. 108. SENSE OF THE SENATE CONCERNING Wicklund. Today, however, Federal law It is the Sense of the Senate that prior to PROTECTION OF REPRODUCTIVE safeguards women who choose to exer- HEALTH CLINICS. adopting in the first session of the 104th Con- cise their constitutional right to have gress a joint resolution proposing an amend- ‘‘(a) FINDINGS.—Congress finds that— ment to the Constitution requiring a bal- ‘‘(1) there are approximately 900 clinics in an abortion, and those who assist them anced budget— the United States providing reproductive in doing so. (1) the Congress set forth with specificity health services; Last year, Congress passed and the the policies that achieving such a balanced ‘‘(2) violence directed at persons seeking to President signed the Freedom of Access federal budget by the year 2002 would re- provide reproductive health services contin- to Clinic Entrances Act of 1994. I co- quire; and ues to increase in the United States, as dem- sponsored this legislation, establishing (2) enforce through the Congressional onstrated by the recent shootings at two re- new penalties for individuals threaten- productive health clinics in Massachusetts budget process the requirement to achieve a ing, obstructing, injuring, intimidat- balanced federal budget by the year 2002. and another health care clinic in Virginia; ‘‘(3) organizations monitoring clinic vio- ing, or interfering with any person ob- lence have recorded over 130 incidents of vio- taining or providing abortion services. BOXER (AND MURRAY) lence or harassment directed at reproductive Moreover, it protects health care clin- AMENDMENT NO. 58 health care clinics and their personnel in ics by allowing the Attorney General (Ordered to lie on the table.) 1994 such as death threats, stalking, chemi- to bring Federal criminal charges Mrs. BOXER (for herself and Mrs. cal attacks, bombings and arson; against any person who damages or at- ‘‘(4) there has been one attempted murder MURRAY) submitted an amendment in- tempts to damage a medical facility in Florida and four individuals killed at re- tended to be proposed by her to the bill productive health care clinics in Florida and that provides abortion services. S. 1; supra; as follows: Massachusetts in 1994; This amendment, which I am cospon- On page 13, line 5, strike ‘‘or’’ after the ‘‘(5) the Congress passed and the President soring, asks the Attorney General to semicolon. signed the Freedom of Access to Clinic En- fully enforce the Freedom of Access to S 1106 CONGRESSIONAL RECORD — SENATE January 18, 1995 Clinic Entrances Act. In 1994, over 130 quire that any State, local, or tribal govern- NICKLES (AND DOMENICI) incidents of violence and intimidation ment utilize a metric system of measure- AMENDMENT NO. 66 ment. were recorded by reproductive health (Ordered to lie on the table.) care clinics. Furthermore, we cannot (b) EXCEPTION.—A department, agency, or other entity of the Federal Government may Mr. NICKLES (for himself and Mr. permit the recent shootings in Massa- require the utilization of a metric system of DOMENICI) submitted an amendment in- chusetts and Virginia to pass us by measurement by a State, local, or tribal gov- tended to be proposed by them to the without taking action. ernment in a particular activity, project, or bill, S. 1, supra; as follows: I ask my colleagues to support this transaction that is pending on the date of Page 35, line 11 strike the word ‘‘intergov- the enactment of this Act if the head of such amendment and help curb the violence ernmental’’. surrounding our reproductive health department, agency, or other entity deter- care clinics.∑ mines that the termination of such require- ment with respect to such activity, project, DOMENICI AMENDMENT NO. 67 or transaction will result in a substantial ad- BROWN AMENDMENTS NOS. 61–62 ditional cost to the Federal Government in (Ordered to lie on the table.) such activity, project, or transaction. Mr. DOMENICI submitted an amend- (Ordered to lie on the table.) ment intended to be proposed by him Mr. BROWN submitted two amend- (c) SUNSET.—Subsection (a) cease to be ef- fective on October 1, 1997. to the bill, S. 1, supra; as follows: ments intended to be proposed by him On page , between lines and , insert the On page 12, lines 1 and 2, strike out ‘‘but to the bill, S. 1, supra, as follows: following: does not include independent regulatory AMENDMENT NO. 61 (4) TREATMENT OF REQUIREMENTS FOR MET- agencies’’ and insert in lieu thereof ‘‘and Strike title IV of the bill and insert the RIC SYSTEMS OF MEASUREMENT.— shall include the Consumer Product Safety following: Commission, Federal Communications Com- TITLE IV—JUDICIAL REVIEW mission, Federal Energy Regulatory Com- DORGAN (AND OTHERS) mission, Federal Trade Commission, and the SEC. 401. JUDICIAL REVIEW. AMENDMENT NO. 64 Interstate Commerce Commission, but shall (A) IN GENERAL.—Any statement or report not include any other independent regu- (Ordered to lie on the table.) prepared under titles I or III of this Act, and latory agency’’. any compliance or noncompliance with the Mr. DORGAN (for himself, Mrs. provisions of titles I or III of this Act, and KASSEBAUM, and Mr. REID) submitted any determination concerning the applica- an amendment intended to be proposed BOXER AMENDMENTS NOS. 68–69 bility of the provisions of titles I or III of by him to the bill S. 1; supra; as fol- (Ordered to lie on the table.) this Act shall not be subject to judicial re- lows: Mrs. BOXER submitted two amend- view. (b) RULE OF CONSTRUCTION.—No provision On page 38, after line 25, insert the follow- ments intended to be proposed by her of titles I or III of this Act or amendment ing: to the bill, S. 1, supra; as follows: made by titles I or III of this Act shall be SEC. 205. TERMINATION OF REQUIREMENTS FOR AMENDMENT NO. 68 construed to create any right or benefit, sub- METRIC SYSTEM OF MEASUREMENT. On page 12, between lines 6 and 7, insert stantive or procedural, enforceable by any (a) IN GENERAL.—Subject to subsections (b) the following: person in any administrative or judicial ac- and (c) and notwithstanding any other provi- (22) The term ‘‘direct savings’’— tion. No ruling or determination made under sion of law, no department, agency, or other (A) in the case of a federal intergovern- the provisions of this Act or amendments entity of the Federal Government may re- mental mandate, means the aggregate esti- made by this Act shall be considered by any quire that any State, local, or tribal govern- mated reduction in costs or burdens to any court in determining the intent of Congress ment utilize a metric system of measure- State, local government, tribal government, or for any other purpose. ment. or the citizens of such government as a re- (b) EXCEPTION.—A department, agency, or sult of compliance with the federal intergov- AMENDMENT NO. 62 other entity of the Federal Government may ernmental mandate. On page 13, insert between lines 13 and 14 require the utilization of a metric system of (B) in the case of a Federal private sector the following new section: measurement by a State, local, or tribal gov- mandate, means the aggregate estimated re- SEC. 6. REVIEW OF IMPLEMENTATION. ernment in a particular activity, project, or duction in costs or burdens to the private transaction that is pending on the date of It is the sense of the Senate that before the sector as a result of compliance with the the enactment of this Act if the head of such adjournment of the 106th Congress, the ap- Federal private sector mandate. department, agency, or other entity deter- propriate committees of the Senate should (C) shall include, without being limited to, mines that the termination of such require- review the implementation of the provisions any reduction as a result of compliance with ment with respect to such activity, project, of this Act with respect to the conduct of the the Federal mandate in— or transaction will result in a substantial ad- business of the Senate and report thereon to (i) the costs or burden of complying with ditional cost to the Federal Government in the Senate. any other law, regulation, or requirement such activity, project, or transaction. imposed by the Federal government or any (c) SUNSET.—Subsection (a) shall cease to State, local or tribal government; DORGAN (AND KASSEBAUM) be effective on October 1, 1997. (ii) the cost or burden of attaining any AMENDMENT NO. 63 goal identified in or established pursuant to (Ordered to lie on the table.) any Federal, State, local or tribal govern- DORGAN (AND OTHERS) ment. Mr. DORGAN (for himself and Mrs. AMENDMENT NO. 65 (D) shall include, without being limited to, KASSEBAUM) submitted an amendment (Ordered to lie on the table.) benefits as referred to in paragraph (3)(B) of intended to be proposed by him to the Section 408(a) of this Act. bill, S. 1, supra, as follows: Mr. DORGAN (for himself, Mrs. KASSEBAUM, and Mr. REID) submitted On page 38, after line 25, insert the follow- AMENDMENT NO. 69 an amendment intended to be proposed ing: It is the sense of the Senate that the term (A) TREATMENT.—For purposes of para- by them to the bill, S. 1, supra; as fol- ‘‘direct savings’’ as used in this Act— graphs (1) and (2), the Commission shall con- lows: (A) in the case of a federal intergovern- sider requirements for metric systems of On page 4, between lines 2 and 3, insert the mental mandate, means the aggregate esti- measurement to be unfunded Federal man- following: mated reduction in costs or burdens to any dates. (4) TREATMENT OF REQUIREMENTS FOR MET- State, local government, tribal government, (B) DEFINTION.—In this paragraph, the RIC SYSTEMS OF MEASUREMENT.— or the citizens of such government as a re- term ‘‘requirements for metric systems of (A) TREATMENT.—For purposes of para- sult of compliance with the federal intergov- measurement’’ means requirements of the graphs (1) and (2), the Commission shall con- ernmental mandate. departments, agencies, and other entities of sider requirements for metric systems of (B) in the case of a Federal private sector the Federal Government that State, local, measurement to be unfunded Federal man- mandate, means the aggregate estimated re- and tribal governments utilize metric sys- dates. duction in costs or burdens to the private tems of measurement. (B) DEFINITION.—In this paragraph, the sector as a result of compliance with the SEC. 205. TERMINATION OF REQUIREMENTS FOR term ‘‘requirements for metric systems of Federal private sector mandate. METRIC SYSTEM OF MEASUREMENT. measurement’’ means requirements of the (C) shall include, without being limited to, (a) IN GENERAL.—Subject to subsections (b) departments, agencies, and other entities of any reduction as a result of compliance with and (c) and notwithstanding any other provi- the Federal Government that State, local, the Federal mandate in— sion of law, no department, agency, or other and tribal governments utilize metric sys- (i) the costs or burden of complying with entity of the Federal Government may re- tems of measurement. any other law, regulation, or requirement January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1107

imposed by the Federal government or any AMENDMENT NO. 72 ‘‘on and after such date. Consideration of State, local or tribal government; On page 26, line 6, redesignate subsection any bill or joint resolution of a public char- (ii) the cost or burden of attaining any (b) as subsection (c), and insert the follow- acter reported by any committee of the Sen- goal identified in or established pursuant to ing: ate or of the House of Representatives that any Federal, State, local or tribal govern- (b) WAIVER.—Subsections (c) and (d) of sec- is accompanied by a committee report that ment. tion 904 of the Congressional Budget and Im- does not contain a detailed analysis of the (D) shall include, without being limited to, poundment Control Act of 1974 are amended probable impact of the bill or resolution on benefits as referred to in paragraph (3)(B) of by inserting ‘‘408(c),’’ after ‘‘313,’’. children, including whether such bill or joint Section 408(a) of this Act. resolution will increase the number of chil- D’AMATO (AND SARBANES) dren who are hungry or homeless, shall not be in order’’ GORTON AMENDMENT NO. 70 AMENDMENT NO. 73

(Ordered to lie on the table.) (Ordered to lie on the table.) AMENDMENT NO. 78 Mr. GORTON submitted an amend- Mr. D’AMATO (for himself and Mr. At the appropriate place, add the following ment intended to be proposed by him SARBANES) submitted an amendment new title: to the bill S. 1, supra; as follows: intended to be proposed to be proposed by himself to the bill S. 1, supra; as fol- TITLE —IMPACT OF LEGISLATION ON At the end of the bill, add the following: CHILDREN lows: SEC. . NATIONAL HISTORY STANDARDS. SEC. 1. SENSE OF CONGRESS. (a) IN GENERAL.—Notwithstanding any On page 13, lines 1–6, redesignate para- It is the sense of Congress that Congress other provision of law, the National Edu- graphs (5) and (6) as paragraphs (6) and (7) should not enact or adopt any legislation cation Goals Panel shall disapprove, and the and insert the following new paragraph: that will increase the number of children National Education Standards and Improve- ‘‘(5) ensures the safe and sound operation who are hungry or homeless. ment Council shall not certify, any vol- of an insured depository institution or in- untary national content standards, vol- sured credit union (as those terms are de- untary national student performance stand- fined in section 3(c) of the Federal Deposit AMENDMENT NO. 79 Insurance Act (12 U.S.C. 1813(c)) or section ards, or criteria for the certification of such At the end of the language proposed to be 101(7) of the Federal Credit Union Act (12 content and student performance standards, inserted, add the following: U.S.C. 1752(7)), respectively) or protects the on the subject of world and United States ‘‘on and after such date. It is the sense of insurance funds that insure the deposits or history, developed prior to the date of enact- Congress that Congress should not enact or member accounts in those depository insti- ment of this Act. adopt any legislation that will increase the tutions or credit unions;’’. (b) PROHIBITION.—No Federal funds shall be number of children who are hungry or home- awarded to, or expended by, the National less,’’. Center for History in the Schools, after Feb- WELLSTONE AMENDMENTS NOS. ruary 1, 1995, for the development of vol- 74–81 AMENDMENT NO. 80 untary national content standards, vol- (Ordered to lie on the table.) untary national student performance stand- Insert at the appropriate place the follow- ards, or criteria for the certification of such Mr. WELLSTONE submitted eight ing: content and student performance standards, amendments intended to be proposed ‘‘( ) The term ‘direct savings’ shall be in- on the subject of such history. by him to the bill S. 1, supra; as fol- terpreted both as narrowly and as broadly as (c) SENSE OF THE SENATE.—It is the sense lows: the terms ‘Federal mandate direct costs’ and ‘direct costs.’ ’’ of the Senate that— AMENDMENT NO. 74 (1) voluntary national content standards, At the appropriate place, insert the follow- voluntary national student performance ing: AMENDMENT NO. 81 standards, and criteria for the certification ‘‘( ) The terms ‘Federal mandate direct Onpage 26, between lines 10 and 11, insert of such content and student performance costs’ and ‘direct costs’— the following: standards, on the subject of world and Unit- ‘‘( ) shall be determined on the assump- (c) ROLLCALL VOTE REQUIREMENT.— ed States history, established under title II tion that State, local, and tribal govern- Secftion 904(b) of the Congressional Budget of the Goals 2000: Educate America Act ments, and the private sector are in compli- Act of 1974 is amended by— should not be based on standards developed ance with all Federal laws in effect at the (1) striking ‘‘Any’’ and inserting ‘‘Except by the National Center for History in the time of the adoption of the Federal mandate as provided in the second sentence of this Schools; and and have incurred all costs necessary to subsection, any’’; and (2) if the Department of Education, the Na- achieve such compliance; and (2) adding at the end the following: ‘‘Sec- tional Endowment for the Humanities, or ‘‘( ) shall not include re-authorizations or tion 408(c) may only be waived or suspended any other Federal agency provides funds for renewals of existing mandates to the extent by a rollcall vote.’’. the development of the standards and cri- that such re-authorizations or renewals do teria described in paragraph (1), the recipi- not increase the cost of compliance on State, ent of such funds should have a decent re- local, and tribal governments.’’ GLENN AMENDMENTS NOS. 82–105 spect for the contributions of western civili- zation, and United States history, ideas, and AMENDMENT NO. 75 (Ordered to lie on the table.) Mr. GLENN submitted 24 amend- institutions, to the increase of freedom and Insert at the appropriate place, the follow- prosperity around the world. ing: ments intended to be proposed by him ‘‘( ) Notwithstanding any other provision to the bill S. 1, supra; as follows: of this Act, this title shall expire on October AMENDMENT NO. 82 GRAMM AMENDMENTS NOS. 71–72 1 of the fiscal year for which the Senate On page 12, strike lines 17 through 19 and Budget Committee determines that the fis- (Ordered to lie on the table.) insert ‘‘that prohibit discrimination on the cal appropriation to the Congressional Budg- Mr. GRAMM submitted two amend- basis of race, color, religion, sex, national or- et Office is not adequate to carry out the re- ments intended to be proposed by him igin, age, or handicap or disability;’’. to the bill S. 1, supra; as follows: quirements of this title.’’ AMENDMENT NO. 71 AMENDMENT NO. 76 AMENDMENT NO. 83 On page 21, between lines 13 and 15, insert At the appropriate place, insert the follow- On page 21, strike beginning with line 16 the following: ing: through line 4 on page 22 and insert the fol- ‘‘(2) AMENDED BILLS AND JOINT RESOLU- ‘‘( ) Consideration of any bill or joint res- lowing: TIONS: CONFERENCE REPORTS.—If a bill or olution of a public character reported by any ‘‘(1) IN GENERAL.— joint resolution is passed in an amended committee of the Senate or of the House of ‘‘(A) STATEMENT REQUIRED FOR REPORTED form (including if passed by one House as an Representatives that is accompanied by a BILL.—It shall not be in order in the Senate amendment in the nature of a substitute for committee report that does not contain a de- to consider any bill or joint resolution that the text of a bill or joint resolution from the tailed analysis of the probable impact of the is reported by a committee unless the com- other House) or is reported by a committee bill or resolution on children, including mittee has published a statement of the Di- of conference in amended form, the commit- whether such bill or joint resolution will in- rector on the direct costs of Federal man- tee of conference shall ensure, to the great- crease the number of children who are hun- dates in accordance with subsection (a)(6) be- est extent practicable, that the Director gry or homeless, shall not be in order.’’ fore such consideration. shall prepare a statement as provided in ‘‘(B) LEGISLATION OF THRESHOLD.—(i) It paragraph (1) or a supplemental statement AMENDMENT NO. 77 shall not be in order in the Senate to con- for the bill or joint resolution in that amend- At the end of the language proposed to be sider any bill, joint resolution, amendment, ed form.’’ inserted, add the following: motion, or conference report— S 1108 CONGRESSIONAL RECORD — SENATE January 18, 1995 ‘‘(I) after third reading or at any other subsection, the presiding officer of the Sen- tribal governments without adequate Fed- time when no further amendments are in ate shall consult the Committee on Govern- eral funding, in a manner that may displace order, if the enactment of such bill or resolu- mental Affairs on all questions concerning other essential State, local, and tribal gov- tion as amended; or the applicability of this section and the Un- ernmental priorities; ‘‘(II) if such bill or resolution in the form funded Mandate Reform Act of 1995 to a (3) to assist Congress in its consideration recommended by such conference report dif- pending bill, joint resolution, amendment, of proposed legislation establishing or revis- fers from the bill or resolution as passed by motion, or conference report. ing Federal programs containing Federal the Senate, and if the enactment of such bill ‘‘(5) DEPARTMENT OF FEDERAL MANDATE mandates affecting States, local govern- or resolution in the form recommended in LEVELS.—For purposes of this subsection, the ments, tribal governments, and the private such conference report, presiding officer of the Senate shall consult sector by— would increase the direct costs of Federal the Committee on the Budget on questions (A) providing for the development of infor- intergovernmental mandates by an amount concerning the estimates of the levels of mation about the nature and size of man- that causes the thresholds specified in sub- Federal mandates for a fiscal year.’’ dates in proposed legislation; and section (b)(1)(A)(i) to be exceeded, unless the (B) establishing a mechanism to bring such conditions specified in clause (ii) are satis- AMENDMENT NO. 87 information to the attention of the Senate fied. On page 33, lines 21 and 22, strike out ‘‘and before the Senate votes on proposed legisla- ‘‘(ii) The conditions referred to in clause (i) the private sector’’. tion; shall be satisfied if— On page 36, line 7, strike out ‘‘and’’ after (4) to promote informed and deliberate de- Redesignate the clauses following accord- the semi-colon. cisions by Congress on the appropriateness of ingly. On page 36, line 12, insert ‘‘and’’ after the Federal mandates in any particular in- semicolon. stances; AMENDMENT NO. 84 On page 36, insert between lines 12 and 13 (5) to establish a point-of-order vote on the On page 21, strike beginning with line 16 the following new subparagraph: consideration in the Senate of legislation through line 4 on page 22 and insert the fol- ‘‘(C) the effect of the Federal intergovern- containing significant Federal mandates; lowing: mental mandate on the national economy, and ‘‘(1) IN GENERAL.— including the effect on productivity, eco- (6) to assist Federal agencies in their con- ‘‘(A) STATEMENT REQUIRED FOR REPORTED nomic growth, full employment, creation of sideration of proposed regulations affecting BILL.—It shall not be in order in the Senate productive jobs, and international competi- States, local governments, and tribal govern- to consider any bill or joint resolution that tiveness of United States goods and serv- ments, by— is reported by a committee unless the com- ices;’’. (A) requiring that Federal agencies develop mittee has published a statement of the Di- On page 36, line 17, insert ‘‘and’’ after the a process to enable the elected and other of- rector on the direct costs of Federal man- semicolon. ficials of States, local governments, and dates in accordance with subsection (a)(6) be- On page 36, strike out lines 18 through 22. tribal governments to provide input when fore such consideration. On page 36, line 23, strike out ‘‘(5)’’ and in- Federal agencies are developing regulations; ‘‘(B) STATEMENT OR THRESHOLD.—(i) It shall sert in lieu thereof ‘‘(4)’’. and not be in order in the Senate to consider any (B) requiring that Federal agencies prepare bill, joint resolution, amendment, motion, or AMENDMENT NO. 88 and consider better estimates of the budg- conference report— On page 36, insert between lines 12 and 13 etary impact of regulations containing Fed- ‘‘(I) if the enactment of such bill or resolu- the following new subparagraph: eral mandates upon States, local govern- tion as reported; ‘‘(C) the effect of the Federal intergovern- ments, and tribal governments before adopt- ‘‘(II) after third reading or at any other mental mandate on the national economy, ing such regulations, and ensuring that time when no further amendments are in including the effect on productivity, eco- small governments are given special consid- order, if such bill or resolution has been nomic growth, full employment, creation of eration in that process. amended and if the enactment of such bill or productive jobs, and international competi- SEC. 3. DEFINITIONS. resolution as amended; or tiveness of United States goods and serv- For purposes of this Act— ‘‘(III) if such bill or resolution in the form ices;’’. (1) FEDERAL INTERGOVERNMENTAL MAN- recommended by such conference report dif- DATE.—The term ‘‘Federal intergovern- fers from the bill or resolution as passed by AMENDMENT NO. 89 mental mandate’’ means— the Senate, and if the enactment of such bill On page 36, line 17, insert ‘‘and’’ after the (A) any provision in a bill or joint resolu- or resolution in the form recommended in semicolon. tion before Congress or in a proposed or final such conference report, Federal regulation that— would increase the direct costs of Federal AMENDMENT NO. 90 (i) would impose a duty upon States, local inter-governmental mandates by an amount On page 36, strike out liens 18 through 22. governments, or tribal governments that is that causes the thresholds specified in sub- enforceable by administrative, civil, or section (b)(1)(A)(i) to be exceeded, unless the AMENDMENT NO. 91 criminal penalty or by injunction (other conditions specified in clause (ii) are satis- On page 36, line 23, strike out ‘‘(5)’’ and in- than a condition of Federal assistance or a fied. sert in lieu thereof ‘‘(4)’’. duty arising from participation in a vol- ‘‘(ii) The conditions referred to in clause (i) untary Federal program, except as provided shall be satisfied if— in subparagraph (B)); or AMENDMENT NO. 92 Redesignate the clauses following accord- (ii) would reduce or eliminate the amount ingly. On page 33, lines 21 and 22, strike out ‘‘and of authorization of appropriations for Fed- the private sector’’. eral financial assistance that would be pro- AMENDMENT NO. 85 vided to States, local governments, or tribal On page 25, insert between lines 10 and 11 AMENDMENT NO. 93 governments for the purpose of complying the following: On page 36, line 7, strike out ‘‘and’’ after with any such previously imposed duty; or ‘‘(4) DETERMINATIONS OF APPLICABILITY TO the semicolon. (B) any provision in a bill or joint resolu- PENDING LEGISLATION.—For purposes of this tion before Congress or in a proposed or final subsection, the presiding officer of the Sen- AMENDMENT NO. 94 Federal regulation that relates to a then-ex- ate shall consult the Committee on Govern- On page 36, line 12, insert ‘‘and’’ after the isting Federal program under which mental Affairs on questions concerning the semicolon. $500,000,000 or more is provided annually to applicability of this section and the Un- States, local governments, and tribal govern- funded Mandate Reform Act of 1995 to a AMENDMENT NO. 95 ments under entitlement authority (as de- pending bill, joint resolution, amendment, fined in section 3(9) of the Congressional Strike out all after the enacting clause and motion, or conference report. Budget Act of 1974 (2 U.S.C. 622(9))), if— insert in lieu thereof the following: ‘‘(5) DETERMINATIONS OF FEDERAL MANDATE (i)(I) the bill or joint resolution or regula- LEVELS.—For purposes of this subsection, the SECTION 1. SHORT TITLE. tion would increase the stringency of condi- levels of Federal mandates for a fiscal year This Act may be cited as the ‘‘Federal tions of assistance to States, local govern- shall be determined based on estimates made Mandate Accountability and Reform Act of ments, or tribal governments under the pro- by the Committee on the Budget of the Sen- 1995’’. gram; or ate on questions concerning the levels of SEC. 2. PURPOSES. (II) would place caps upon, or otherwise de- Federal mandates for a fiscal year.’’ The purposes of this Act are— crease, the Federal Government’s respon- (1) to strengthen the partnership between sibility to provide funding to States, local AMENDMENT NO. 86 the Federal Government and States, local governments, or tribal governments under On page 25, insert between lines 10 and 11 governments, and tribal governments; the program; and the following: (2) to end the imposition, in the absence of (ii) the States, local governments, or tribal ‘‘(4) DETERMIANTIONS OF APPLICABILITY TO full consideration by Congress, of Federal governments that participate in the Federal PENDING LEGISLATION.—For purposes of this mandates on States, local governments, and program lack authority under that program January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1109 to amend their financial or programmatic Budget Act of 1974 (2 U.S.C. 622(2)(A))) of any tion, including the expected direct costs to responsibilities to continue providing re- Federal grant assistance; and States, local governments, and tribal govern- quired services that are affected by the bill (B) the subsidy amount (as defined as ments, and to the private sector, required to or joint resolution or regulation. ‘‘cost’’ in section 502(5) of the Federal Credit comply with the Federal mandates; and (2) FEDERAL PRIVATE SECTOR MANDATE.— Reform Act of 1990 (2 U.S.C. 661a(5)(a))) of (ii) a qualitative, and if possible, a quan- The term ‘‘Federal private sector mandate’’ any Federal program providing loan guaran- titative assessment of costs and benefits an- means any provision in a bill or joint resolu- tees or direct loans. ticipated from the Federal mandates (includ- tion before Congress that— (6) PRIVATE SECTOR.—The term ‘‘private ing the enhancement of health and safety (A) would impose a duty upon the private sector’’ means individuals, partnerships, as- and the protection of the natural environ- sector that is enforceable by administrative, sociations, corporations, business trusts, or ment). civil, or criminal penalty or by injunction legal representatives, organized groups of in- (C) INTERGOVERNMENTAL MANDATES.—If any (other than a condition of Federal assistance dividuals, and educational and other non- of the Federal mandates in the bill or joint or a duty arising from participation in a vol- profit institutions. resolution are Federal intergovernmental untary Federal program); or (7) OTHER DEFINITIONS.— mandates, the report required by subpara- (B) would reduce or eliminate the amount (A) AGENCY.—The term ‘‘agency’’ has the graph (A) shall also contain— of authorization of appropriations for Fed- meaning stated in section 551(1) of title 5, (i)(I) a statement of the amount, if any, of eral financial assistance that will be pro- United States Code, but does not include increase in authorization of appropriations vided to the private sector for the purpose of independent regulatory agencies, as defined under existing Federal financial assistance by section 3502(10) of title 44, United States complying with any such duty. programs, or of authorization of appropria- Code. (3) FEDERAL MANDATE.—The term ‘‘Federal tions for new Federal financial assistance, (B) DIRECTOR.—The term ‘‘Director’’ means mandate’’ means a Federal intergovern- provided by the bill or joint resolution and the Director of the Congressional Budget Of- mental mandate or a Federal private sector usable for activities of States, local govern- fice. mandate, as defined in paragraphs (1) and (2). ments, or tribal governments subject to the (C) LOCAL GOVERNMENT.—The term ‘‘local (4) DIRECT COSTS.— government’’ has the same meaning as in Federal intergovernmental mandates. (A) FOR A FEDERAL INTERGOVERNMENTAL section 6501(6) of title 31, United States Code. (II) a statement of whether the committee MANDATE .—In the case of a Federal intergov- (D) REGULATION OR RULE.—The term ‘‘regu- intends that the Federal intergovernmental ernmental mandate, the term ‘‘direct costs’’ lation’’ or ‘‘rule’’ has the meaning of ‘‘rule’’ mandates be partly or entirely unfunded, and means the aggregate estimated amounts as defined in section 601(2) of title 5, United if so, the reasons for that intention; and that all States, local governments, and trib- States Code. (ii) any existing sources of Federal assist- al governments would be required to spend in (E) SMALL GOVERNMENT.—The term ‘‘small ance in addition to those identified in clause order to comply with the Federal intergov- government’’ means any small governmental (i) that may assist States, local govern- ernmental mandate, or, in the case of a bill jurisdiction as defined in section 601(5) of ments, and tribal governments in meeting or joint resolution referred to in paragraph title 5, United States Code, and any tribal the direct costs of the Federal intergovern- (1)(A)(ii), the amount of Federal financial as- government. mental mandates. sistance eliminated or reduced. (F) STATE.—The term ‘‘State’’ has the (2) PREEMPTION CLARIFICATION AND INFOR- (B) FOR A FEDERAL PRIVATE SECTOR MAN- same meaning as in section 6501(9) of title 31, MATION.—When a committee of authorization DATE.—In the case of a Federal private sector United States Code. of the House of Representatives or the Sen- mandate, the term ‘‘direct costs’’ means the SEC. 4. EXCLUSIONS. ate reports a bill or joint resolution of public aggregate amounts that the private sector This Act shall not apply to any provision character, the committee report accompany- will be required to spend in order to comply in a bill or joint resolution before Congress ing the bill or joint resolution shall contain, with the Federal private sector mandate. and any provision in a proposed or final Fed- if relevant to the bill or joint resolution, an (C) NOT INCLUDED.—The term ‘‘direct eral regulation that— explicit statement on the extent to which costs’’ does not include— (1) enforces constitutional rights of indi- the bill or joint resolution preempts any (i) estimated amounts that the States, viduals; State, local, or tribal law, and, if so, an ex- local governments, and tribal governments (2) establishes or enforces any statutory planation of the reasons for such preemp- (in the case of a Federal intergovernmental rights that prohibit discrimination on the tion. mandate), or the private sector (in the case basis of race, religion, gender, national ori- (b) SUBMISSION OF BILLS TO THE DIREC- of a Federal private sector mandate), would gin, or handicapped or disability status; TOR.—When a committee of authorization of spend— (3) requires compliance with accounting the House of Representatives or the Senate (I) to comply with or carry out all applica- and auditing procedures with respect to reports a bill or joint resolution of a public ble Federal, State, local, and tribal laws and grants or other money or property provided character, the committee shall promptly regulations adopted before the adoption of by the United States Government; provide the bill or joint resolution to the Di- the Federal mandate; or (4) provides for emergency assistance or re- rector and shall identify to the Director any (II) to continue to carry out State, local lief at the request of any State, local govern- Federal mandates contained in the bill or governmental, and tribal governmental pro- ment, or tribal government or any official of resolution. grams, or private-sector business or other any of them; (c) PUBLICATION OF STATEMENT FROM THE activities established at the time of adoption (5) is necessary for the national security or DIRECTOR.— of the Federal mandate; or the ratification or implementation of inter- (1) IN GENERAL.—Upon receiving a state- (ii) expenditures to the extent that they national treaty obligations; or ment (including any supplemental state- will be offset by any direct savings to be en- (6) the President designates as emergency ment) from the Director pursuant to section joyed by the States, local governments, and legislation and that the Congress so des- 102(c), a committee of the House of Rep- tribal governments, or by the private sector, ignates in statute. resentatives or the Senate shall publish the as a result of— SEC. 5. AGENCY ASSISTANCE. statement in the committee report accom- (I) their compliance with the Federal man- Each agency shall provide to the Director panying the bill or joint resolution to which date; or of the Congressional Budget Office such in- the statement relates if the statement is (II) other changes in Federal law or regula- formation and assistance as he may reason- available soon enough to be included in the tion that are enacted or adopted in the same ably request to assist him in performing his printed report. bill or joint resolution or proposed or final responsibilities under this Act. (2) IF NOT INCLUDED.—If the statement is Federal regulation and that govern the same TITLE I—LEGISLATIVE ACCOUNTABILITY not published in the report, or if the bill or activity as is affected by the Federal man- AND REFORM joint resolution to which the statement re- date. SEC. 101. DUTIES OF CONGRESSIONAL COMMIT- lates is expected to be considered by the (D) ASSUMPTION.—Direct costs shall be de- TEES. House of Representatives or the Senate be- termined on the assumption that States, (a) COMMITTEE REPORT.— fore the report is published, the committee local governments, tribal governments, and (1) REGARDING FEDERAL MANDATES.— shall cause the statement, or a summary the private sector will take all reasonable (A) IN GENERAL.—When a committee of au- thereof, to be published in the Congressional steps necessary to mitigate the costs result- thorization of the House of Representatives Record in advance of floor consideration of ing from the Federal mandate, and will com- or the Senate reports a bill or joint resolu- the bill or joint resolution. ply with applicable standards of practice and tion of public character that includes any conduct established by recognized profes- Federal mandate, the committee shall issue SEC. 102. DUTIES OF THE DIRECTOR. sional or trade associations. a report to accompany the bill or joint reso- (b) CONSULTATION.—The Director shall, at (5) AMOUNT OF AUTHORIZATION OF APPRO- lution containing the information required the request of any committee of the House of PRIATIONS FOR FEDERAL FINANCIAL ASSIST- by subparagraphs (B) and (C). Representatives or of the Senate, consult ANCE.—The term ‘‘amount’’ with respect to (B) REPORTS ON FEDERAL MANDATES.—Each with and assist such committee in analyzing an authorization of appropriations for Fed- report required by subparagraph (A) shall the budgetary or financial impact of any pro- eral financial assistance means— contain— posed legislation that may have— (A) the amount of budget authority (as de- (i) an identification and description of any (1) a significant budgetary impact on fined in section 3(2)(A) of the Congressional Federal mandates in the bill or joint resolu- State, local, or tribal governments; or S 1110 CONGRESSIONAL RECORD — SENATE January 18, 1995 (2) a significant financial impact on the tion) would first be effective or in any of the (1) as an exercise of the rulemaking power private sector. 4 fiscal years following such fiscal year, the of the House of Representatives and the Sen- (c) STATEMENTS ON NONAPPROPRIATIONS Director shall so state and shall briefly ex- ate, respectively, and as such they shall be BILLS AND JOINT RESOLUTIONS.— plain the basis of the estimate. considered as part of the rules of such House, (1) FEDERAL INTERGOVERNMENTAL MAN- (ii) ESTIMATES.—Estimates required by respectively, and such rules shall supersede DATES IN REPORTED BILLS AND JOINT RESOLU- this subparagraph shall include— other rules only to the extent that they are TIONS.—For each bill or joint resolution of a (I) estimates (and a brief explanation of inconsistent therewith; and public character reported by any committee the basis of the estimates) of— (2) with full recognition of the constitu- of authorization of the House of Representa- (aa) the total amount of direct costs of tional right of either House to change such tives or of the Senate, the Director shall pre- complying with the Federal private sector rules (so far as relating to such House) at pare and submit to the committee a state- mandates in the bill or joint resolution; and any time, in the same manner, and to the ment as follows: (bb) the amount, if any, of increase in au- same extent as in the case of any other rule (A) DIRECT COSTS AT OR BELOW THRESH- thorization of appropriations under existing of each House. OLD.—If the Director estimates that the di- Federal financial assistance programs, or of rect costs of all Federal intergovernmental authorization of appropriations for new Fed- SEC. 105. EFFECTIVE DATE. mandates in the bill or joint resolution will eral financial assistance, provided by the bill This title shall apply to bills and joint res- not equal or exceed $50,000,000 (adjusted an- or joint resolution and usable by the private olutions reported by committee on or after nually for inflation by the Consumer Price sector for activities subject to the Federal October 1, 1996. Index) in the fiscal year in which any Fed- private sector mandates. TITLE II—REGULATORY ACCOUNTABILITY eral intergovernmental mandate in the bill (C) FAILURE TO MAKE ESTIMATE.—If the Di- AND REFORM or joint resolution (or in any necessary im- rector determines that it is not reasonably plementing regulation) would first be effec- feasible for him to make a reasonable esti- SEC. 201. REGULATORY PROCESS. tive or in any of the 4 fiscal years following mate that would be required by subpara- (a) IN GENERAL.—Each agency shall, to the such fiscal year, the Director shall so state graphs (A) and (B) with respect to Federal extent permitted in law, assess the effects of and shall briefly explain the basis of the esti- private sector mandates, the Director shall Federal regulations on States, local govern- mate. not make the estimate, but shall report in ments, and tribal governments (other than (B) DIRECT COSTS ABOVE THRESHOLD.— his statement that the reasonable estimate to the extent that such regulations incor- (i) IN GENERAL.—If the Director estimates cannot be reasonably made and shall include porate requirements specifically set forth in that the direct costs of all Federal intergov- the reasons for that determination in the legislation), including specifically the avail- ernmental mandates in the bill or joint reso- statement. ability of resources to carry out any Federal lution will equal or exceed $50,000,000 (ad- (d) AUTHORIZATION OF APPROPRIATIONS.— intergovernmental mandates in those regu- justed annually for inflation by the There are authorized to be appropriated to lations, and seek to minimize those burdens Consumer Price Index) in the fiscal year in the Congressional Budget Office to carry out that uniquely or significantly affect such which any Federal intergovernmental man- the provisions of this Act $6,000,000, for each governmental entities, consistent with date in the bill or joint resolution (or in any of the fiscal years 1995, 1996, 1997, and 1998. achieving statutory and regulatory objec- necessary implementing regulation) would (e) TECHNICAL AMENDMENT.—Section 403 of tives. first be effective or in any of the 4 fiscal the Congressional Budget Act of 1974 is (b) STATE, LOCAL GOVERNMENT, AND TRIBAL years following such fiscal year, the Director amended— GOVERNMENT INPUT.—Each agency shall, to shall so state, specify the estimate, and (1) in subsection (a)— the extent permitted in law, develop an ef- briefly explain the basis of the estimate. (A) by striking paragraph (2); fective process to permit elected officials (ii) ESTIMATES.—The estimate required by (B) in paragraph (3) by striking ‘‘para- (including their designated representatives) clause (i) shall include— graphs (1) and (2)’’ and inserting ‘‘paragraph of States, local governments, and tribal gov- (I) estimates (and brief explanations of the (1)’’; ernments to provide meaningful and timely basis of the estimates) of— (C) by redesignating paragraphs (3) and (4) input in the development of regulatory pro- (aa) the total amount of direct costs of as paragraphs (2) and (3), respectively; posals containing significant Federal inter- complying with the Federal intergovern- (2) by striking ‘‘(a)’’; and governmental mandates. Such a process mental mandates in the bill or joint resolu- (3) by striking subsections (b) and (c). shall be consistent with all applicable laws. tion; and SEC. 103. POINT OF ORDER IN THE SENATE. (c) AGENCY PLAN.— (bb) the amount, if any, of increase in au- (a) IN GENERAL.—It shall not be in order in (1) IN GENERAL.—Before establishing any thorization of appropriations under existing the Senate to consider any bill or joint reso- regulatory requirements that might signifi- Federal financial assistance programs, or of lution that is reported by any committee of cantly or uniquely affect small governments, authorization of appropriations for new Fed- authorization of the Senate unless, based agencies shall have developed a plan under eral financial assistance, provided by the bill upon a ruling of the presiding Officer— which the agency shall— or joint resolution and usable by States, (1) the committee has published a state- (A) provide notice of the contemplated re- local governments, or tribal governments for ment of the Director in accordance with sec- quirements to potentially affected small activities subject to the Federal intergovern- tion 101(c) prior to such consideration; and governments, if any; mental mandates. (2) in the case of a bill or joint resolution (B) enable officials of affected small gov- (2) FEDERAL PRIVATE SECTOR MANDATES IN containing Federal intergovernmental man- ernments to provide input pursuant to sub- REPORTED BILLS AND JOINT RESOLUTIONS.—For dates, either— section (b); and each bill or joint resolution of a public char- (A) the direct costs of all Federal intergov- (C) inform, educate, and advise small gov- acter reported by any committee of author- ernmental mandates in the bill or joint reso- ernments on compliance with the require- ization of the House of Representatives or of lution are estimated not to equal or exceed ments. the Senate, the Director shall prepare and $50,000,000 (adjusted annually for inflation by (2) AUTHORIZATION.—There are hereby au- submit to the committee a statement as fol- the Consumer Price Index) in the fiscal year thorized to be appropriated to each agency lows: in which any Federal intergovernmental to carry out the provisions of this section, (A) DIRECT COSTS AT OR BELOW THRESH- mandate in the bill or joint resolution (or in and for no other purpose, such sums as are OLD.—If the Director estimates that the di- any necessary implementing regulation) necessary. rect costs of all Federal private sector man- would first be effective or in any of the 4 fis- SEC. 202. STATEMENTS TO ACCOMPANY SIGNIFI- dates in the bill or joint resolution will not cal years following such fiscal year, or CANT REGULATORY ACTIONS. equal or exceed $200,000,000 (adjusted annu- (B)(i) the amount of the increase in author- (a) IN GENERAL.—Before promulgating any ally for inflation by the Consumer Price ization of appropriations under existing Fed- final rule that includes any Federal inter- Index) in the fiscal year in which any Fed- eral financial assistance programs, or of au- governmental mandates that may result in eral private sector mandate in the bill or thorization of appropriations for new Federal the expenditure by States, local govern- joint resolution (or in any necessary imple- financial assistance, provided by the bill or ments, or tribal governments, in the aggre- menting regulation) would first be effective joint resolution and usable by States, local gate, of $100,000,000 or more (adjusted annu- or in any of the 4 fiscal years following such governments, or tribal governments for ac- ally for inflation by the Consumer Price fiscal year, the Director shall so state and tivities subject to the Federal intergovern- Index) in any 1 year, and before promulgat- shall briefly explain the basis of the esti- mental mandates is at least equal to the es- ing any general notice of proposed rule- mate. timated amount of direct costs of the Fed- making that is likely to result in promulga- (B) DIRECT COSTS ABOVE THRESHOLD.— eral intergovernmental mandates. tion of any such rule, the agency shall pre- (i) IN GENERAL.—If the Director estimates (b) WAIVER.—The point of order under sub- pare a written statement containing— that the direct costs of all Federal private section (a) may be waived in the Senate by a (1) estimates by the agency, including the sector mandates in the bill or joint resolu- majority vote of the Members voting (pro- underlying analysis, of the anticipated costs tion will equal or exceed $200,000,000 (ad- vided that a quorum is present) or by the to States, local governments, and tribal gov- justed annually for inflation by the unanimous consent of the Senate. ernments of complying with the Federal Consumer Price Index) any Federal private SEC. 104. EXERCISE OF RULEMAKING POWERS. intergovernmental mandates, and of the ex- sector mandate in the bill or joint resolution The provisions of sections 101, 102, 103, and tent to which such costs may be paid with (or in any necessary implementing regula- 105 are enacted by Congress— funds provided by the Federal Government January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1111 or otherwise paid through Federal financial any person in any administrative or judicial governments for the purpose of complying assistance; action. No ruling or determination under with any such previously imposed duty; or (2) estimates by the agency, if and to the this Act shall be considered by any court in (B) any provision in a bill or joint resolu- extent that the agency determines that ac- determining the intent of Congress or for tion before Congress or in a proposed or final curate estimates are reasonably feasible, any other purpose. Federal regulation that relates to a then-ex- of— SEC. 402. SUNSET. isting Federal program under which (A) the future costs of Federal intergovern- This Act shall expire December 31, 1998. $500,000,000 or more is provided annually to mental mandates; and States, local governments, and tribal govern- (B) any disproportionate budgetary effects AMENDMENT NO. 96 ments under entitlement authority (as de- of the Federal intergovernmental mandates fined in section 3(9) of the Congressional upon any particular regions of the country Strike out all after the enacting clause and insert in lieu thereof the following: Budget Act of 1974 (2 U.S.C. 622(9))), if— or particular States, local governments, trib- (i)(I) the bill or joint resolution or regula- al governments, urban or rural or other SECTION 1. SHORT TITLE. tion would increase the stringency of condi- types of communities; This Act may be cited as the ‘‘Federal tions of assistance to States, local govern- (3) a qualitative, and if possible, a quan- Mandate Accountability and Reform Act of ments, or tribal governments under the pro- titative assessment of costs and benefits an- 1995’’. gram; or ticipated from the Federal intergovern- SEC. 2. PURPOSES. (II) would place caps upon, or otherwise de- mental mandates (such as the enhancement The purposes of this Act are— crease, the Federal Government’s respon- of health and safety and the protection of (1) to strengthen the partnership between sibility to provide funding to States, local the natural environment); and the Federal Government and States, local governments, or tribal governments under (4)(A) a description of the extent of any governments, and tribal governments; the program; and input to the agency from elected representa- (2) to end the imposition, in the absence of (ii) the States, local governments, or tribal tives (including their designated representa- full consideration by Congress, of Federal governments that participate in the Federal tives) of the affected States, local govern- mandates on States, local governments, and program lack authority under that program ments, and tribal governments and of other tribal governments without adequate Fed- to amend their financial or programmatic affected parties; eral funding, in a manner that may displace responsibilities to continue providing re- (B) a summary of the comments and con- other essential State, local, and tribal gov- quired services that are affected by the bill cerns that were presented by States, local ernmental priorities; or joint resolution or regulation. governments, or tribal governments either (3) to assist Congress in its consideration (2) FEDERAL PRIVATE SECTOR MANDATE.— orally or in writing to the agency; of proposed legislation establishing or revis- The term ‘‘Federal private sector mandate’’ (C) a summary of the agency’s evaluation ing Federal programs containing Federal means any provision in a bill or joint resolu- of those comments and concerns; and mandates affecting States, local govern- tion before Congress that— (D) the agency’s position supporting the ments, tribal governments, and the private (A) would impose a duty upon the private need to issue the regulation containing the sector by— sector that is enforceable by administrative, Federal intergovernmental mandates (con- (A) providing for the development of infor- civil, or criminal penalty or by injunction sidering, among other things, the extent to mation about the nature and size of man- (other than a condition of Federal assistance which costs may or may not be paid with dates in proposed legislation; and or a duty arising from participation in a vol- funds provided by the Federal Government). (B) establishing a mechanism to bring such untary Federal program); or (b) PROMULGATION.—In promulgating a information to the attention of the Senate (B) would reduce or eliminate the amount general notice of proposed rulemaking or a before the Senate votes on proposed legisla- of authorization of appropriations for Fed- final rule for which a statement under sub- tion; eral financial assistance that will be pro- section (a) is required, the agency shall in- (4) to promote informed and deliberate de- vided to the private sector for the purpose of clude in the promulgation a summary of the cisions by Congress on the appropriateness of complying with any such duty. information contained in the statement. Federal mandates in any particular in- (3) FEDERAL MANDATE.—The term ‘‘Federal (c) PREPARATION IN CONJUNCTION WITH stances; mandate’’ means a Federal intergovern- OTHER STATEMENT.—Any agency may pre- (5) to establish a point-of-order vote on the mental mandate or a Federal private sector pare any statement required by subsection consideration in the Senate of legislation mandate, as defined in paragraphs (1) and (2). (a) in conjunction with or as a part of any containing significant Federal mandates; (4) DIRECT COSTS.— other statement or analysis, provided that and (A) FOR A FEDERAL INTERGOVERNMENTAL the statement or analysis satisfies the provi- (6) to assist Federal agencies in their con- MANDATE.—In the case of a Federal intergov- sions of subsection (a). sideration of proposed regulations affecting ernmental mandate, the term ‘‘direct costs’’ SEC. 203. ASSISTANCE TO THE CONGRESSIONAL States, local governments, and tribal govern- means the aggregate estimated amounts BUDGET OFFICE. ments, by— that all States, local governments, and trib- The Director of the Office of Management (A) requiring that Federal agencies develop al governments would be required to spend in and Budget shall collect from agencies the a process to enable the elected and other of- order to comply with the Federal intergov- statements prepared under section 202 and ficials of States, local governments, and ernmental mandate, or, in the case of a bill periodically forward copies of them to the tribal governments to provide input when or joint resolution referred to in paragraph Director of the Congressional Budget Office Federal agencies are developing regulations; (1)(A)(ii), the amount of Federal financial as- on a reasonably timely basis after promulga- and sistance eliminated or reduced. tion of the general notice of proposed rule- (B) requiring that Federal agencies prepare (B) FOR A FEDERAL PRIVATE SECTOR MAN- making or of the final rule for which the and consider better estimates of the budg- DATE.—In the case of a Federal private sector statement was prepared. etary impact of regulations containing Fed- mandate, the term ‘‘direct costs’’ means the SEC. 204. PILOT PROGRAM ON SMALL GOVERN- eral mandates upon States, local govern- aggregate amounts that the private sector MENT FLEXIBILITY. ments, and tribal governments before adopt- will be required to spend in order to comply (a) IN GENERAL.—The Director of the Office ing such regulations, and ensuring that with the Federal private sector mandate. of Management and Budget, in consultation small governments are given special consid- (C) NOT INCLUDED.—The term ‘‘direct with Federal agencies, shall establish pilot eration in that process. costs’’ does not include— programs in at least 2 agencies to test inno- SEC. 3. DEFINITIONS. (i) estimated amounts that the States, vative, and more flexible regulatory ap- For purposes of this Act— local governments, and tribal governments proaches that— (1) FEDERAL INTERGOVERNMENTAL MAN- (in the case of a Federal intergovernmental (1) reduce reporting and compliance bur- DATE.—The term ‘‘Federal intergovern- mandate), or the private sector (in the case dens on small governments; and mental mandate’’ means— of a Federal private sector mandate), would (2) meet overall statutory goals and objec- (A) any provision in a bill or joint resolu- spend— tives. tion before Congress or in a proposed or final (I) to comply with or carry out all applica- (b) PROGRAM FOCUS.—The pilot programs Federal regulation that— ble Federal, State, local, and tribal laws and shall focus on rules in effect or proposed (i) would impose a duty upon States, local regulations adopted before the adoption of rules, or a combination thereof. governments, or tribal governments that is the Federal mandate; or TITLE IV—JUDICIAL REVIEW; SUNSET enforceable by administrative, civil, or (II) to continue to carry out State, local SEC. 401. JUDICIAL REVIEW. criminal penalty or by injunction (other governmental, and tribal governmental pro- Any statement or report prepared under than a condition of Federal assistance or a grams, or private-sector business or other this Act, and any compliance or noncompli- duty arising from participation in a vol- activities established at the time of adoption ance with the provisions of this Act, and any untary Federal program, except as provided of the Federal mandate; or determination concerning the applicability in subparagraph (B)); or (ii) expenditures to the extent that they of the provisions of this Act shall not be sub- (ii) would reduce or eliminate the amount will be offset by any direct savings to be en- ject to judicial review. The provisions of this of authorization of appropriations for Fed- joyed by the States, local governments, and Act shall not create any right or benefit, eral financial assistance that would be pro- tribal governments, or by the private sector, substantive or procedural, enforceable by vided to States, local governments, or tribal as a result of— S 1112 CONGRESSIONAL RECORD — SENATE January 18, 1995

(I) their compliance with the Federal man- SEC. 5. AGENCY ASSISTANCE. (1) IN GENERAL.—Upon receiving a state- date; or Each agency shall provide to the Director ment (including any supplemental state- (II) other changes in Federal law or regula- of the Congressional Budget Office such in- ment) from the Director pursuant to section tion that are enacted or adopted in the same formation and assistance as he may reason- 102(c), a committee of the House of Rep- bill or joint resolution or proposed or final ably request to assist him in performing his resentatives or the Senate shall publish the Federal regulation and that govern the same responsibilities under this Act. statement in the committee report accom- activity as is affected by the Federal man- TITLE I—LEGISLATIVE ACCOUNTABILITY panying the bill or joint resolution to which date. AND REFORM the statement relates if the statement is (D) ASSUMPTION.—Direct costs shall be de- SEC. 101. DUTIES OF CONGRESSIONAL COMMIT- available soon enough to be included in the termined on the assumption that States, TEES. printed report. local governments, tribal governments, and (a) COMMITTEE REPORT.— (2) IF NOT INCLUDED.—If the statement is the private sector will take all reasonable (1) REGARDING FEDERAL MANDATES.— not published in the report, or if the bill or steps necessary to mitigate the costs result- (A) IN GENERAL.—When a committee of au- joint resolution to which the statement re- ing from the Federal mandate, and will com- thorization of the House of Representatives lates is expected to be considered by the ply with applicable standards of practice and or the Senate reports a bill or joint resolu- House of Representatives or the Senate be- conduct established by recognized profes- tion of public character that includes any fore the report is published, the committee sional or trade associations. Federal mandate, the committee shall issue shall cause the statement, or a summary (5) AMOUNT OF AUTHORIZATION OF APPRO- a report to accompany the bill or joint reso- thereof, to be published in the Congressional PRIATIONS FOR FEDERAL FINANCIAL ASSIST- lution containing the information required Record in advance of floor consideration of ANCE.—The term ‘‘amount’’ with respect to by subparagraphs (B) and (C). the bill or joint resolution. an authorization of appropriations for Fed- (B) REPORTS ON FEDERAL MANDATES.—Each eral financial assistance means— report required by subparagraph (A) shall SEC. 102. DUTIES OF THE DIRECTOR. (A) the amount of budget authority (as de- contain— (a) STUDIES.— fined in section 3(2)(A) of the Congressional (i) an identification and description, pre- (1) PROPOSED LEGISLATION.—As early as Budget Act of 1974 (2 U.S.C. 622(2)(A))) of any pared in consultation with the Director, of practicable in each new Congress, any com- Federal grant assistance; and any Federal mandates in the bill or joint res- mittee of the House of Representatives or (B) the subsidy amount (as defined as olution, including the expected direct costs the Senate which anticipates that the com- ‘‘cost’’ in section 502(5) of the Federal Credit to States, local governments, and tribal gov- mittee will consider any proposed legislation Reform Act of 1990 (2 U.S.C. 661a(5)(a))) of ernments, and to the private sector, required establishing, amending, or reauthorizing any any Federal program providing loan guaran- to comply with the Federal mandates; and Federal program likely to have a significant tees or direct loans. (ii) a qualitative, and if possible, a quan- budgetary impact on States, local govern- (6) PRIVATE SECTOR.—The term ‘‘private titative assessment of costs and benefits an- ments, or tribal governments, or likely to sector’’ means individuals, partnerships, as- ticipated from the Federal mandates (includ- have a significant financial impact on the sociations, corporations, business trusts, or ing the enhancement of health and safety private sector, including any legislative pro- legal representatives, organized groups of in- and the protection of the natural environ- posal submitted by the executive branch dividuals, and educational and other non- ment). likely to have such a budgetary or financial profit institutions. (C) INTERGOVERNMENTAL MANDATES.—If any impact, shall request that the Director initi- (7) OTHER DEFINITIONS.— of the Federal mandates in the bill or joint ate a study of the proposed legislation in (A) AGENCY.—The term ‘‘agency’’ has the resolution are Federal intergovernmental order to develop information that may be meaning stated in section 551(1) of title 5, mandates, the report required by subpara- useful in analyzing the costs of any Federal United States Code, but does not include graph (A) shall also contain— mandates that may be included in the pro- independent regulatory agencies, as defined (i)(I) a statement of the amount, if any, of posed legislation. by section 3502(10) of title 44, United States increase in authorization of appropriations (2) CONSIDERATIONS.—In conducting the Code. under existing Federal financial assistance study under paragraph (1), the Director (B) DIRECTOR.—The term ‘‘Director’’ means programs, or of authorization of appropria- shall— the Director of the Congressional Budget Of- tions for new Federal financial assistance, (A) solicit and consider information or fice. provided by the bill or joint resolution and comments from elected officials (including (C) LOCAL GOVERNMENT.—The term ‘‘local usable for activities of States, local govern- their designated representatives) of States, government’’ has the same meaning as in ments, or tribal governments subject to the local governments, tribal governments, des- section 6501(6) of title 31, United States Code. Federal intergovernmental mandates; and ignated representatives of the private sector, (D) REGULATION OR RULE.—The term ‘‘regu- (II) a statement of whether the committee and such other persons as may provide help- lation’’ or ‘‘rule’’ has the meaning of ‘‘rule’’ intends that the Federal intergovernmental ful information or comments; as defined in section 601(2) of title 5, United mandates be partly or entirely unfunded, and (B) consider establishing advisory panels of States Code. if so, the reasons for that intention; elected officials (including their designated (E) SMALL GOVERNMENT.—The term ‘‘small (ii) any existing sources of Federal assist- representatives) of States, local govern- government’’ means any small governmental ance in addition to those identified in clause ments, tribal governments, designated rep- jurisdiction as defined in section 601(5) of (i) that may assist States, local govern- resentatives of the private sector, and other title 5, United States Code, and any tribal ments, and tribal governments in meeting persons if the Director determines, in the Di- government. the direct costs of the Federal intergovern- rector’s discretion, that such advisory panels (F) STATE.—The term ‘‘State’’ has the mental mandates; and would be helpful in performing the Director’s same meaning as in section 6501(9) of title 31, (iii) an identification of one or more of the responsibilities under this section; and United States Code. following: reductions in authorization of ex- (C) consult with the relevant committees isting appropriations, a reduction in direct of the House of Representatives and of the SEC. 4. EXCLUSIONS. spending, or an increase in receipts (consist- Senate. This Act shall not apply to any provision ent with the amount identified clause (i)(I)). (b) CONSULTATION.—The Director shall, at in a bill or joint resolution before Congress (2) PREEMPTION CLARIFICATION AND INFOR- the request of any committee of the House of and any provision in a proposed or final Fed- MATION.—When a committee of authorization Representatives or of the Senate, consult eral regulation that— of the House of Representatives or the Sen- with and assist such committee in analyzing (1) enforces constitutional rights of indi- ate reports a bill or joint resolution of public the budgetary or financial impact of any pro- viduals; character, the committee report accompany- posed legislation that may have— (2) establishes or enforces any statutory ing the bill or joint resolution shall contain, (1) a significant budgetary impact on rights that prohibit discrimination on the if relevant to the bill or joint resolution, an State, local, or tribal governments; or basis of race, religion, gender, national ori- explicit statement on the extent to which (2) a significant financial impact on the gin, or handicapped or disability status; the bill or joint resolution preempts any private sector. (3) requires compliance with accounting State, local, or tribal law, and, if so, an ex- (c) STATEMENTS ON NONAPPROPRIATIONS and auditing procedures with respect to planation of the reasons for such preemp- BILLS AND JOINT RESOLUTIONS.— grants or other money or property provided tion. (1) FEDERAL INTERGOVERNMENTAL MAN- by the United States Government; (b) SUBMISSION OF BILLS TO THE DIREC- DATES IN REPORTED BILLS AND JOINT RESOLU- (4) provides for emergency assistance or re- TOR.—When a committee of authorization of TIONS.—For each bill or joint resolution of a lief at the request of any State, local govern- the House of Representatives or the Senate public character reported by any committee ment, or tribal government or any official of reports a bill or joint resolution of a public of authorization of the House of Representa- any of them; character, the committee shall promptly tives or of the Senate, the Director shall pre- (5) is necessary for the national security or provide the bill or joint resolution to the Di- pare and submit to the committee a state- the ratification or implementation of inter- rector and shall identify to the Director any ment as follows: national treaty obligations; or Federal mandates contained in the bill or (A) DIRECT COSTS AT OR BELOW THRESH- (6) the President designates as emergency resolution. OLD.—If the Director estimates that the di- legislation and that the Congress so des- (c) PUBLICATION OF STATEMENT FROM THE rect costs of all Federal intergovernmental ignates in statute. DIRECTOR.— mandates in the bill or joint resolution will January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1113 not equal or exceed $50,000,000 (adjusted an- sector mandate in the bill or joint resolution (2) by striking ‘‘(a)’’; and nually for inflation by the Consumer Price (or in any necessary implementing regula- (3) by striking subsections (b) and (c). Index) in the fiscal year in which any Fed- tion) would first be effective or in any of the eral intergovernmental mandate in the bill 4 fiscal years following such fiscal year, the SEC. 103. POINT OF ORDER IN THE SENATE. or joint resolution (or in any necessary im- Director shall so state and shall briefly ex- (a) IN GENERAL.—It shall not be in order in plementing regulation) would first be effec- plain the basis of the estimate. the Senate to consider any bill or joint reso- tive or in any of the 4 fiscal years following (ii) ESTIMATES.—Estimates required by lution that is reported by any committee of such fiscal year, the Director shall so state this subparagraph shall include— authorization of the Senate unless, based and shall briefly explain the basis of the esti- (I) estimates (and a brief explanation of upon a ruling of the presiding Officer— mate. the basis of the estimates) of— (1) the committee has published a state- (B) DIRECT COSTS ABOVE THRESHOLD.— (aa) the total amount of direct costs of ment of the Director in accordance with sec- (i) IN GENERAL.—If the Director estimates complying with the Federal private sector tion 101(c) prior to such consideration; and that the direct costs of all Federal intergov- mandates in the bill or joint resolution; and (2) in the case of a bill or joint resolution ernmental mandates in the bill or joint reso- (bb) the amount, if any, of increase in au- containing Federal intergovernmental man- lution will equal or exceed $50,000,000 (ad- thorization of appropriations under existing dates, either— justed annually for inflation by the Federal financial assistance programs, or of (A) the direct costs of all Federal intergov- Consumer Price Index) in the fiscal year in authorization of appropriations for new Fed- ernmental mandates in the bill or joint reso- which any Federal intergovernmental man- eral financial assistance, provided by the bill lution are estimated not to equal or exceed date in the bill or joint resolution (or in any or joint resolution and usable by the private $50,000,000 (adjusted annually for inflation by necessary implementing regulation) would sector for activities subject to the Federal the Consumer Price Index) in the fiscal year first be effective or in any of the 4 fiscal private sector mandates; in which any Federal intergovernmental years following such fiscal year, the Director (II) estimates, if and to the extent that the mandate in the bill or joint resolution (or in shall so state, specify the estimate, and Director determines that such estimates are any necessary implementing regulation) briefly explain the basis of the estimate. reasonably feasible, of— would first be effective or in any of the 4 fis- (ii) ESTIMATES.—The estimate required by (aa) future costs of Federal private sector cal years following such fiscal year, or clause (i) shall include— mandates to the extent that they differ sig- (B)(i) the amount of the increase in author- (I) estimates (and brief explanations of the nificantly from or extend beyond the 5-year ization of appropriations under existing Fed- basis of the estimates) of— time period referred to in clause (i); eral financial assistance programs, or of au- (aa) the total amount of direct costs of (bb) any disproportionate financial effects thorization of appropriations for new Federal complying with the Federal intergovern- of Federal private sector mandates and of financial assistance, provided by the bill or mental mandates in the bill or joint resolu- any Federal financial assistance in the bill joint resolution and usable by States, local tion; and or joint resolution upon particular industries governments, or tribal governments for ac- (bb) the amount, if any, of increase in au- or sectors of the economy, States, regions, tivities subject to the Federal intergovern- thorization of appropriations under existing and urban or rural or other types of commu- mental mandates is at least equal to the es- Federal financial assistance programs, or of nities; and timated amount of direct costs of the Fed- authorization of appropriations for new Fed- (cc) the effect of Federal private sector eral intergovernmental mandates; and eral financial assistance, provided by the bill mandates in the bill or joint resolution on (ii) the committee of jurisdiction has iden- or joint resolution and usable by States, the national economy, including on produc- tified in the bill or joint resolution one or local governments, or tribal governments for tivity, economic growth, full employment, more of the following: a reduction in author- activities subject to the Federal intergovern- creation of productive jobs, and inter- ization of existing appropriations, a reduc- mental mandates; national competitiveness of American goods tion in direct spending, or an increase in re- (II) estimates, if and to the extent that the and services; and ceipts (consistent with the amount identified Director determines that accurate estimates (III) any amounts appropriated in the prior in clause (i)). are reasonably feasible, of— fiscal year to fund activities subject to the (b) WAIVER.—The point of order under sub- (aa) future direct costs of Federal intergov- Federal private sector mandate. section (a) may be waived in the Senate by a ernmental mandates to the extent that they (C) FAILURE TO MAKE ESTIMATE.—If the Di- majority vote of the Members voting (pro- significantly differ from or extend beyond rector determines that it is not reasonably vided that a quorum is present) or by the the 5-year time period referred to in clause feasible for him to make a reasonable esti- unanimous consent of the Senate. (i); and mate that would be required by subpara- (c) AMENDMENT TO RAISE AUTHORIZATION (bb) any disproportionate budgetary effects graphs (A) and (B) with respect to Federal LEVEL.—Notwithstanding the terms of sub- of Federal intergovernmental mandates and private sector mandates, the Director shall section (a), it shall not be out of order pursu- of any Federal financial assistance in the not make the estimate, but shall report in ant to this section to consider a bill or joint bill or joint resolution upon any particular his statement that the reasonable estimate resolution to which an amendment is pro- regions of the country or particular States, cannot be reasonably made and shall include posed and agreed to that would raise the local governments, tribal governments, or the reasons for that determination in the amount of authorization of appropriations to urban or rural or other types of commu- statement. a level sufficient to satisfy the requirements nities; and (3) AMENDED BILLS AND JOINT RESOLUTIONS; of subsection (a)(2)(B)(i) and that would (III) any amounts appropriated in the prior CONFERENCE REPORTS.—If the Director has amend an identification referred to in sub- fiscal year to fund the activities subject to prepared a statement that includes the de- section (a)(2)(B)(ii) to satisfy the require- the Federal intergovernmental mandate. termination described in paragraph (1)(B)(i) ments of that subsection, nor shall it be out (2) FEDERAL PRIVATE SECTOR MANDATES IN for a bill or joint resolution, and if that bill of order to consider such an amendment. REPORTED BILLS AND JOINT RESOLUTIONS.—For or joint resolution is passed in an amended each bill or joint resolution of a public char- form (including if passed by one House as an SEC. 104. EXERCISE OF RULEMAKING POWERS. acter reported by any committee of author- amendment in the nature of a substitute for The provisions of sections 101, 102, 103, and ization of the House of Representatives or of the language of a bill or joint resolution 105 are enacted by Congress— the Senate, the Director shall prepare and from the other House) or is reported by a (1) as an exercise of the rulemaking power submit to the committee a statement as fol- committee of conference in an amended of the House of Representatives and the Sen- lows: form, the committee of conference shall en- ate, respectively, and as such they shall be (A) DIRECT COSTS AT OR BELOW THRESH- sure, to the greatest extent practicable, that considered as part of the rules of such House, OLD.—If the Director estimates that the di- the Director prepare a supplemental state- respectively, and such rules shall supersede rect costs of all Federal private sector man- ment for the bill or joint resolution. The re- other rules only to the extent that they are dates in the bill or joint resolution will not quirements of section 103 shall not apply to inconsistent therewith; and equal or exceed $200,000,000 (adjusted annu- the publication of any supplemental state- (2) with full recognition of the constitu- ally for inflation by the Consumer Price ment prepared under this subsection. tional right of either House to change such Index) in the fiscal year in which any Fed- (d) AUTHORIZATION OF APPROPRIATIONS.— rules (so far as relating to such House) at eral private sector mandate in the bill or There are authorized to be appropriated to any time, in the same manner, and to the joint resolution (or in any necessary imple- the Congressional Budget Office to carry out same extent as in the case of any other rule menting regulation) would first be effective the provisions of this Act $6,000,000, for each of each House. or in any of the 4 fiscal years following such of the fiscal years 1995, 1996, 1997, and 1998. SEC. 105. EFFECTIVE DATE. fiscal year, the Director shall so state and (e) TECHNICAL AMENDMENT.—Section 403 of shall briefly explain the basis of the esti- the Congressional Budget Act of 1974 is This title shall apply to bills and joint res- mate. amended— olutions reported by committee on or after (B) DIRECT COSTS ABOVE THRESHOLD.— (1) in subsection (a)— October 1, 1996. (i) IN GENERAL.—If the Director estimates (A) by striking paragraph (2); TITLE II—REGULATORY ACCOUNTABILITY that the direct costs of all Federal private (B) in paragraph (3) by striking ‘‘para- AND REFORM sector mandates in the bill or joint resolu- graphs (1) and (2)’’ and inserting ‘‘paragraph tion will equal or exceed $200,000,000 (ad- (1)’’; SEC. 201. REGULATORY PROCESS. justed annually for inflation by the (C) by redesignating paragraphs (3) and (4) (a) IN GENERAL.—Each agency shall, to the Consumer Price Index) any Federal private as paragraphs (2) and (3), respectively; extent permitted in law, assess the effects of S 1114 CONGRESSIONAL RECORD — SENATE January 18, 1995 Federal regulations on States, local govern- tives) of the affected States, local govern- of the provisions of this Act shall not be sub- ments, and tribal governments (other than ments, and tribal governments and of other ject to judicial review. The provisions of this to the extent that such regulations incor- affected parties; Act shall not create any right or benefit, porate requirements specifically set forth in (B) a summary of the comments and con- substantive or procedural, enforceable by legislation), including specifically the avail- cerns that were presented by States, local any person in any administrative or judicial ability of resources to carry out any Federal governments, or tribal governments either action. No ruling or determination under intergovernmental mandates in those regu- orally or in writing to the agency; this Act shall be considered by any court in lations, and seek to minimize those burdens (C) a summary of the agency’s evaluation determining the intent of Congress or for that uniquely or significantly affect such of those comments and concerns; and any other purpose. governmental entities, consistent with (D) the agency’s position supporting the SEC. 402. SUNSET. achieving statutory and regulatory objec- need to issue the regulation containing the This Act shall expire December 31, 1998. tives. Federal intergovernmental mandates (con- (b) STATE, LOCAL GOVERNMENT, AND TRIBAL sidering, among other things, the extent to AMENDMENT NO. 97 GOVERNMENT INPUT.—Each agency shall, to which costs may or may not be paid with the extent permitted in law, develop an ef- funds provided by the Federal Government). On page 5, line 19, strike ‘‘impose an’’ and fective process to permit elected officials (b) PROMULGATION.—In promulgating a insert ‘‘establish a new or increased’’. (including their designated representatives) general notice of proposed rulemaking or a On page 7, line 11, strike ‘‘impose an’’ and and other representatives of States, local final rule for which a statement under sub- insert ‘‘establish a new or increased’’. governments, and tribal governments to pro- section (a) is required, the agency shall in- On page 8, line 5, before ‘‘amounts’’ insert vide meaningful and timely input in the de- clude in the promulgation a summary of the ‘‘new or increased’’. velopment of regulatory proposals contain- information contained in the statement. On page 8, line 15, before ‘‘amounts’’ insert ing significant Federal intergovernmental (c) PREPARATION IN CONJUNCTION WITH ‘‘new or increased’’. mandates. Such a process shall be consistent OTHER STATEMENT.—Any agency may pre- On page 9, line 7, strike ‘‘or’’. with all applicable laws. pare any statement required by subsection On page 9, between lines 7 and 8, insert the (c) AGENCY PLAN.— (a) in conjunction with or as a part of any following: (1) IN GENERAL.—Before establishing any other statement or analysis, provided that ‘‘(II) to comply with or carry out any ap- regulatory requirements that might signifi- the statement or analysis satisfies the provi- plicable federal law or regulation (whether cantly or uniquely affect small governments, sions of subsection (a). expired or still in effect) that would be reau- agencies shall have developed a plan under SEC. 203. ASSISTANCE TO THE CONGRESSIONAL thorized, reenacted, readopted, replaced, or which the agency shall— BUDGET OFFICE. revised by the same bill or joint resolution (A) provide notice of the contemplated re- The Director of the Office of Management or proposed or final Federal regulation con- quirements to potentially affected small and Budget shall collect from agencies the taining the relevant mandate; or’’. governments, if any; statements prepared under section 202 and On page 10, line 4, strike ‘‘and’’. (B) enable officials of affected small gov- periodically forward copies of them to the On page 10, between lines 4 and 5, insert ernments to provide input pursuant to sub- Director of the Congressional Budget Office the following: section (b); and on a reasonably timely basis after promulga- ‘‘(III) any reduction in the duties or re- (C) inform, educate, and advise small gov- tion of the general notice of proposed rule- sponsibilities of States, local governments, ernments on compliance with the require- making or of the final rule for which the and tribal governments, or the private sector ments. statement was prepared. from levels previously required under any (2) AUTHORIZATION.—There are hereby au- SEC. 204. PILOT PROGRAM ON SMALL GOVERN- Federal law or regulation (whether expired thorized to be appropriated to each agency MENT FLEXIBILITY. or still in effect) that is reauthorized, reen- to carry out the provisions of this section, (a) IN GENERAL.—The Director of the Office acted, readopted, replaced, or revised by the and for no other purpose, such sums as are of Management and Budget, in consultation same bill or joint resolution or proposed or necessary. with Federal agencies, shall establish pilot final Federal regulation containing the rel- SEC. 202. STATEMENTS TO ACCOMPANY SIGNIFI- programs in at least 2 agencies to test inno- evant mandate; and’’. CANT REGULATORY ACTIONS. vative, and more flexible regulatory ap- (a) IN GENERAL.—Before promulgating any proaches that— AMENDMENT NO. 98 final rule that includes any Federal inter- (1) reduce reporting and compliance bur- On page 5, line 19, strike ‘‘impose an’’ and governmental mandates that may result in dens on small governments; and insert ‘‘establish a new or increased’’. the expenditure by States, local govern- (2) meet overall statutory goals and objec- ments, or tribal governments, in the aggre- tives. AMENDMENT NO. 99 gate, of $100,000,000 or more (adjusted annu- (b) PROGRAM FOCUS.—The pilot programs On page 7, line 11, strike ‘‘impose an’’ and ally for inflation by the Consumer Price shall focus on rules in effect or proposed insert ‘‘establish a new or increased’’. Index) in any 1 year, and before promulgat- rules, or a combination thereof. ing any general notice of proposed rule- TITLE III—BASELINE STUDY making that is likely to result in promulga- AMENDMENT NO. 100 tion of any such rule, the agency shall pre- SEC. 301. BASELINE STUDY OF COSTS AND BENE- FITS. On page 8, line 5, before ‘‘amounts’’ insert pare a written statement containing— ‘‘new or increased’’. (a) IN GENERAL.—Not later than 180 days (1) estimates by the agency, including the after the date of enactment of this Act, the underlying analysis, of the anticipated costs Director of the Bureau of the Census, in con- AMENDMENT NO. 101 to States, local governments, and tribal gov- sultation with the Director, shall begin a On page 8, line 15, before ‘‘amounts’’ insert ernments of complying with the Federal study to examine the measurement and defi- ‘‘new or increased’’. intergovernmental mandates, and of the ex- nition issues involved in calculating the tent to which such costs may be paid with total costs and benefits to States, local gov- funds provided by the Federal Government AMENDMENT NO. 102 ernments, and tribal governments of compli- or otherwise paid through Federal financial On page 9, line 7, strike ‘‘or’’. ance with Federal law. assistance; (b) CONSIDERATIONS.—The study required (2) estimates by the agency, if and to the AMENDMENT NO. 103 by this section shall consider— extent that the agency determines that ac- (1) the feasibility of measuring indirect On page 9, between lines 7 and 8, insert the curate estimates are reasonably feasible, costs and benefits as well as direct costs and following: of— benefits of the Federal, State, local, and ‘‘(II) to comply with or carry out any ap- (A) the future costs of Federal intergovern- tribal relationship; and plicable federal law or regulation (whether mental mandates; and (2) how to measure both the direct and in- expired or still in effect) that would be reau- (B) any disproportionate budgetary effects direct benefits of Federal financial assist- thorized, reenacted, readopted, replaced, or of the Federal intergovernmental mandates ance and tax benefits to States, local govern- revised by the same bill or joint resolution upon any particular regions of the country ments and tribal governments. or proposed or final Federal regulation con- or particular States, local governments, trib- (c) AUTHORIZATION.—There are authorized taining the relevant mandate; or’’. al governments, urban or rural or other to be appropriated to the Bureau of the Cen- types of communities; sus to carry out the purposes of this title, AMENDMENT NO. 104 (3) a qualitative, and if possible, a quan- and for no other purpose, $1,000,000 for each titative assessment of costs and benefits an- On page 10, line 4, strike ‘‘and’’. of the fiscal years 1995 and 1996. ticipated from the Federal intergovern- mental mandates (such as the enhancement TITLE IV—JUDICIAL REVIEW; SUNSET AMENDMENT NO. 105 of health and safety and the protection of SEC. 401. JUDICIAL REVIEW. On page 10, between lines 4 and 5, insert the natural environment); and Any statement or report prepared under the following: (4)(A) a description of the extent of any this Act, and any compliance or noncompli- ‘‘(III) any reduction in the duties or re- input to the agency from elected representa- ance with the provisions of this Act, and any sponsibilities of States, local governments, tives (including their designated representa- determination concerning the applicability and tribal governments, or the private sector January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1115 from levels previously required under any AMENDMENT NO. 112 DORGAN (AND HARKIN) Federal law or regulation (whether expired On page 19, insert between lines 10 and 11 AMENDMENT NO. 118 or still in effect) that is reauthorized, reen- the following new clause: (Ordered to lie on the table.) acted, readopted, replaced, or revised by the ‘‘(iii) If the Director determines that it is same bill or joint resolution or proposed or not feasible to make a reasonable estimate Mr. DORGAN (for himself and Mr. final Federal regulation containing the rel- that would be required under clauses (i) and HARKIN) submitted an amendment in- evant mandate; and’’. (ii), the Director shall not make the esti- tended to be proposed by them to the mate, but shall report in the statement that bill, S. 1, supra; as follows: LEVIN AMENDMENTS NOS. 106–117 the reasonable estimate cannot be made and At the end of the bill, add the following: shall include the reasons for that determina- (Ordered to lie on the table.) tion in the statement. For purposes of sub- TITLE V—INTEREST RATE REPORTING Mr. LEVIN submitted 12 amendments section (c), a point of order may be raised as REQUIREMENT intended to be proposed by him to the though an estimate was reported that ex- SEC. 501. REPORT BY BOARD OF GOVERNORS OF bill S. 1, supra; as follows: ceeded clause (i).’’ THE FEDERAL RESERVE SYSTEM. AMENDMENT NO. 106 (a) REPORT REQUIRED.—Not later than 30 days after the Board or the Committee takes On page 12, line 18, insert ‘‘age’’ after ‘‘gen- AMENDMENT NO. 113 any action to change the discount rate or der,’’. On page 14, line 19 strike ‘‘expected’’. the Federal funds rate, the Board shall sub- On page 22, line 12 strike ‘‘estimated’’. mit a report to the Congress and to the AMENDMENT NO. 107 On page 22, line 22 strike ‘‘estimated’’. President which shall include a detailed On page 33, strike out lines 9 through 12 On page 23, line 2 strike ‘‘estimated’’. analysis of the projected costs of that action, and insert in lieu thereof the following: On page 23, lines 4 and 5 strike ‘‘a specific and the projected costs of any associated SEC. 107. SENATE JOINT HEARINGS ON UN- dollar amount estimate of the full’’ and in- changes in market interest rates, during the FUNDED FEDERAL MANDATES. sert in lieu thereof ‘‘the’’. 5-year period following that action. On page 24, line 8 strike ‘‘estimated’’. No later than December 31, 1998, the Senate (b) CONTENTS.—The report required by sub- Governmental Affairs Committee and the On page 24, line 15 strike ‘‘estimated’’. section (a) shall include an analysis of the Senate Budget Committee shall hold joint costs imposed by such action on— hearings on the operations of the amend- AMENDMENT NO. 114 (1) Federal, State, and local government ments made by this title and report to the On page 24, line 21, insert the following be- borrowing, including costs associated with full Senate on their findings and rec- fore the period: ‘‘as estimated in the author- debt service payments; and ommendations. ization bill’’. (2) private sector borrowing, including SEC. 108. EFFECTIVE DATE. costs imposed on— This title and the amendments made by (A) consumers; this title shall— AMENDMENT NO. 115 (B) small businesses; (1) take effect on January 1, 1996; On page 25 after line 10 insert the follow- (C) homeowners; and (2) apply only to legislation considered on ing: (D) commercial lenders. or after January 1, 1996; and ‘‘(4) DETERMINATION OF APPLICABILITY.—For (c) DEFINITIONS.—for purposes of this sec- (3) have no force or effect on and after Jan- purposes of this subsection, the Committee tion— uary 1, 2002. on Governmental Affairs of the Senate, or (1) the term ‘‘Board’’ means the Board of the Committee on Government Reform and Governors of the Federal Reserve System; AMENDMENT NO. 108 Oversight of the House of Representatives, as and On page 5, beginning with line 22, strike applicable, shall be consulted by the Presid- (2) the term ‘‘Committee’’ means the Fed- out all through line 2 on page 6 and insert in ing Officer of the Senate in determining eral Open Market Committee established lieu thereof: whether a bill, joint resolution, amendment, under section 12A of the Federal Reserve ‘‘(I) a condition of Federal assistance; motion or conference report contains a Fed- Act. ‘‘(II) a duty arising from participation in a eral intergovernmental mandate.’’ voluntary Federal program, except as pro- ‘‘(5) DETERMINATION OF FEDERAL MANDATE vided in subparagraph (B)); or LEVELS.—For purposes of this subsection, the DORGAN AMENDMENT NO. 119 ‘‘(III) for purposes of section 408 (c)(1)(B) levels of Federal mandates for a fiscal year (Ordered to lie on the table.) shall be determined based on the estimates and (d) only, a duty that establishes or en- Mr. DORGAN submitted an amend- forces any statutory right of employee in made by the Committee on the Budget of the Senate or the House of Representatives, as ment intended to be proposed by him both the public and private sectors with re- to the bill, S. 1, supra, as follows: spect to their employment; or’’. the case may be.’’ At the appropriate place, insert the follow- ing: AMENDMENT NO. 109 AMENDMENT NO. 116 On page 38, after line 25 insert the follow- On page 29, line 8, insert after the comma SEC. . CALCULATIONS OF THE CONSUMER ing: the following: ‘‘or at the request of an indi- PRICE INDEX. (a) FINDINGS.—The Senate makes the fol- ‘‘SEC. 205. EFFECTIVE DATE. vidual Member of the Senate or the House of lowing findings: ‘‘This title and the amendments made by Representatives,’’. (1) The Chairman of the Board of Gov- this title shall take effect with respect to ernors of the Federal Reserve System has regulations proposed on or after January 1, AMENDMENT NO. 117 maintained that the current Consumer Price 1996.’’ On page 26, after line 5, add the following: Index overstates inflation by as much as 50 ‘‘(e) LIMITATION ON APPLICATION OF SUB- percent. AMENDMENT NO. 110 SECTION (C).—Subsection (c) shall not apply (2) Other expert opinions on the Consumer On page 17, insert between lines 17 and 18 to any bill, joint resolution, amendment, or Price Index range from estimates of a mod- the following new paragraph: conference report that reauthorizes appro- est overstatement to the possibility of an ‘‘(7) COMMITTEE DETERMINATION OF MAN- priations for carrying out, or that amends, understatement of the rate of inflation. DATE DISADVANTAGEOUS TO PRIVATE SECTOR; any statute if enactment of the bill, joint (3) Some leaders in the Congress have WAIVER OF POINT OF ORDER.—If a committee resolution, amendment, or conference re- called for an immediate change in the way in of authorization of the Senate or the House port— which the Consumer Price Index is cal- of Representatives determines based on the ‘‘(1) would not result in a net increase in culated. statement required under paragraph (3)(C) the aggregate amount of direct costs of Fed- (4) Changing the Consumer Price Index in that there would be a significant competi- eral intergovernmental mandates; and the manner recommended by the Board of tive disadvantage to the private sector if a ‘‘(2)(A) would not result in a net reduction Governors of the Federal Reserve System Federal mandate contained in the legislation or elimination of authorizations of appro- would result in both reductions in Social Se- to which the statement applies were waived priations for Federal financial assistance curity benefits and increases in income for State, local, and tribal governments or that would be provided to States, local gov- taxes. the costs of such mandate to the State, ernments, or tribal governments for use to (5) The Bureau of Labor Statistics, which local, and tribal governments were paid by comply with any Federal intergovernmental has responsibility for the Consumer Price the Federal Government, then no point of mandate; or Index, has been working to identify and cor- order under subsection (c)(1)(B) will lie.’’ ‘‘(B) in the case of any net reduction or rect problems with the way in which the elimination of authorizations of appropria- Consumer Price Index is now calculated. AMENDMENT NO. 111 tions for such Federal financial assistance (6) Calculation of the Consumer Price On page 24, line 18, strike out ‘‘ineffective’’ that would result from such enactment, Index should be based on sound economic and insert in lieu thereof the following: ‘‘in- would reduce the duties imposed by the Fed- principles and not on political pressure. effective as applied to State, local, and tribal eral intergovernmental mandate by a cor- (b) SENSE OF THE SENATE.—It is the sense governments’’. responding amount.’’ of the Senate that— S 1116 CONGRESSIONAL RECORD — SENATE January 18, 1995 (1) a precipitous change in the calculation Mr. BRADLEY submitted an amend- able risk of injury to human health or the of the Consumer Price Index that would re- ment intended to be proposed by him environment on less than definitive sci- sult in an increase in income taxes and a de- to the bill S. 1, supra; as follows: entific data, conjecture and anecdotal infor- crease in Social Security benefits is not the mation; appropriate way to resolve this issue; and On page 13, insert between lines 13 and 14 (5) alternative forms of sinkers and fishing (2) any change in the calculation of the the following new section: lures are considerably more expensive than Consumer Price Index should result from SEC. 6. FINDINGS ON THE IMPACT ON LOCAL those made of lead; consequently, a ban on GOVERNMENTS. thoughtful study and analysis and should be lead sinkers would impose additional costs a result of a consensus reached by the ex- The Senate finds that— on millions of Americans who fish; (1) the Congress should be concerned about perts, not pressure exerted by politicians. (6) in the absence of more definitive evi- shifting costs from Federal to State and dence of harm to the environment, the Fed- local authorities and should be equally con- eral Government should not take steps to re- GRAHAM AMENDMENTS NOS. 120– cerned about the growing tendency of States strict the use of lead sinkers; and 122 to shift costs to local governments; (7) alternative measures to protect water- (2) cost shifting from States to local gov- (Ordered to lie on the table.) fowl from lead exposure should be carefully ernments has, in many instances, forced reviewed. Mr. GRAHAM submitted three local governments to raise property taxes or (b) FISHING SINKERS AND LURES.— amendments intended to be proposed curtail sometimes essential services; and (1) DIRECTIVE.—The Administrator of the by him to the bill, S. 1, supra, as fol- (3) increases in local property taxes and Environmental Protection Agency shall not, lows: cuts in essential services threaten the abil- under purported authority of section 6 of the ity of many citizens to attain and maintain AMENDMENT NO. 120 Toxic Substances Control Act (15 U.S.C. the American dream of owning a home in a On page 16, line 3, strike ‘‘and’’. 2605), take action to prohibit or otherwise re- safe, secure community. On page 16, line 12, strike ‘‘mandates.’’ and strict the manufacturing, processing, distrib- On page 21, insert between lines 13 and 14 insert ‘‘mandates; and’’. uting, or use of any fishing sinkers or lures the following new paragraph: On page 16, between lines 12 and 13, insert containing lead, zinc, or brass. ‘‘(2) ESTIMATE OF POSSIBLE LOCAL PROPERTY the following: (2) FURTHER ACTION.—If the Administrator TAX RELIEF.—The Director shall include in ‘‘(iii) if funded in whole or in part, a state- obtains a substantially greater amount of each statement submitted to a committee of ment of whether and how the committee has evidence of risk of injury to health or the en- the Congress under this subsection an esti- created a mechanism to allocate the funding vironment than that which was adduced in mate of the amount by which additional Fed- in a manner that is reasonably consistent the rulemaking proceedings described in the eral funding or alleviation of the applicable with the expected direct costs to each State, proposed rule dated February 28, 1994 (59 Fed. mandate could be used to lower property local, and tribal government.’’ Reg. 11122 (March 9, 1994)), the Administrator taxes of a local government, if— shall report those findings to Congress, with ‘‘(A) such additional funding were first ap- AMENDMENT NO. 121 any recommendation that the Administrator plied to relief of such taxes; or may have for legislative action. At the appropriate place, insert the follow- ‘‘(B) such State or local government funds ing: previously used to help pay for a mandate SEC. . EFFECTIVE DATE. which is proposed to be alleviated were first AMENDMENT NO. 127 Title shall take effect on July 1, 1995. applied to relief of such taxes. On page 50, add after line 6 the following Purpose: To provide a budget point of order new title: if a bill, resolution, or amendment reduces or LAUTENBERG AMENDMENT NO. 125 TITLE V—MISCELLANEOUS PROVISIONS eliminates funding for duties that are the (Ordered to lie on the table.) constitutional responsibility of the Federal Mr. LAUTENBERG submitted an SEC. 501. SENSE OF THE SENATE REGARDING Government. amendment intended to be proposed by BALANCED BUDGET AMENDMENT. AMENDMENT NO. 122 him to the bill S. 1, supra; as follows: (a) FINDINGS.—The Senate finds that— (1) social security is a contributory insur- On page 6, strike line 3 and all that follows On page 13, line 5, strike out ‘‘or’’. through line 10, and insert the following: ance program supported by deductions from On page 13, line 8, strike out the period and workers’ earnings and matching contribu- ‘‘(ii) would reduce or eliminate the amount insert in lieu thereof a semicolon and ‘‘or’’. tions from their employers that are depos- of authorization of appropriations for— On page 13, insert between lines 8 and 9 the ited into an independent trust fund; ‘‘(I) Federal financial assistance that following new paragraph: (2) over 42,000,000 Americans, including would be provided to States, local govern- (7) limits exposure to known human (Group over 3,000,000 children and 5,000,000 disabled ments, or tribal governments for the purpose A) carcinogens, as defined in the Environ- workers and their families, receive social se- of complying with any such previously im- mental Protection Agency’s Risk Assess- curity benefits; posed duty unless such duty is reduced or ment Guidelines of 1986. (3) social security is the only pension pro- eliminated by a corresponding amount; or gram for 60 percent of older Americans; ‘‘(II) the exercise of powers relating to im- HARKIN AMENDMENTS NOS. 126–127 (4) almost 60 percent of older beneficiaries migration that are the responsibility or (Ordered to lie on the table.) depend on social security for at least half of under the authority of the Federal Govern- their income and 25 percent depend on social ment and whose reduction or elimination Mr. HARKIN submitted two amend- security for at least 90 percent of their in- would result in a shifting of the costs of ad- ments intended to be proposed by him come; dressing immigration expenses to the States, to the bill S. 1, supra; as follows: (5) without social security an additional local governments, and tribal governments; AMENDMENT NO. 126 15,000,000 Americans, mostly senior citizens, or’’. At the appropriate place insert the follow- would be thrown into poverty; ing: (6) 138,000,000 American workers partici- ROTH AMENDMENT NO. 123 SEC. . DIRECTIVE TO THE ADMINISTRATOR OF pate in the social security system and are in- (Ordered to lie on the table.) THE ENVIRONMENTAL PROTECTION sured in case of retirement, disability, or AGENCY CONCERNING REGULATION death; Mr. ROTH submitted an amendment OF FISHING LURES. (7) social security is a contract between intended to be proposed by him to the (a) FINDINGS.—Congress finds that— workers and the Government; bill S. 1, supra; as follows: (1) millions of Americans of all ages enjoy (8) social security is a self-financed pro- On page 19, insert between lines 10 and 11 recreational fishing; fishing is one of the gram that is not contributing to the current the following new clause: most popular sports; Federal budget deficit; in fact, the social se- ‘‘(iii) If the Director determines that it is (2) lead and other types of metal sinkers curity trust funds currently have over not feasible to make a reasonable estimate and fishing lures have been used by Ameri- $400,000,000,000 in reserves and that surplus that would be required under clauses (i) and cans in fishing for hundreds of years; will increase during fiscal year 1995 alone by (ii), the Director shall not make the esti- (3) the Administrator of the Environ- an additional $70,000,000,000; mate, but shall report in the statement that mental Protection Agency has proposed to (9) this surplus is necessary to pay month- the reasonable estimate cannot be made and issue a rule under section 6 of the Toxic Sub- ly benefits for current and future bene- shall include the reasons for that determina- stances Control Act, to prohibit the manu- ficiaries; tion in the statement. However, for the pur- facturing, processing, and distribution in (10) recognizing that social security is a poses of subsection (c), such report shall not commerce in the United States, of certain self-financed program, Congress took social fulfill the requirements for an estimate smaller size fishing sinkers containing lead security completely ‘‘off-budget’’ in 1990; under clauses (i) and (ii).’’ and zinc, and mixed with other substances, however, unless social security is explicitly including those made of brass; excluded from a balanced budget amendment BRADLEY AMENDMENT NO. 124 (4) the Environmental Protection Agency to the United States Constitution, such an has based its conclusions that lead fishing amendment would, in effect, put the program (Ordered to lie on the table.) sinkers of a certain size present an unreason- back into the Federal budget by referring to January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1117

all spending and receipts in calculating AMENDMENT NO. 133 other essential State, local, and tribal gov- whether the budget is in balance; At the appropriate place in the bill insert ernmental priorities; (11) raiding the social security trust funds the following new section: (3) to assist Congress in its consideration to reduce the Federal budget deficit would be LIMITATION ON APPLICATION.—This Act of proposed legislation establishing or revis- devastating to both current and future bene- shall not apply to any bill, joint resolution, ing Federal programs containing Federal ficiaries and would further undermine con- amendment, or conference report that reau- mandates affecting States, local govern- fidence in the system among younger work- thorizes appropriations to carry out, or that ments, tribal governments, and the private ers; amend, any statute if enactment of the bill, sector by— (12) the American people in poll after poll joint resolution, amendment, or conference (A) providing for the development of infor- have overwhelmingly rejected cutting social report— mation about the nature and size of man- security benefits to reduce the Federal defi- (1) would not result in a net increase in the dates in proposed legislation; and cit and balance the budget; and aggregate amount of direct costs of Federal (B) establishing a mechanism to bring such (13) social security beneficiaries through- intergovernmental mandates; and information to the attention of the Senate out the nation are gravely concerned that (2)(A) would not result in a net reduction and the House of Representatives before the their financial security is in jeopardy be- or elimination of authorizations of appro- Senate and the House of Representatives cause of possible social security cuts and de- priations for Federal financial assistance vote on proposed legislation; serve to be reassured that their benefits will that would be provided to States, local gov- (4) to promote informed and deliberate de- not be subject to cuts that would likely be ernments, or tribal governments for use to cisions by Congress on the appropriateness of required should social security not be ex- comply with any Federal intergovernmental Federal mandates in any particular instance; cluded from a balanced budget amendment mandate; or (5) to require that Congress consider to the United States Constitution. (B) in the case of any net reduction or whether to provide funding to assist State, (b) SENSE OF THE SENATE.—It is the sense elimination of authorizations of appropria- local, and tribal governments in complying of the Senate that any joint resolution pro- tions for such Federal financial assistance with Federal mandates, to require analyses viding for a balanced budget amendment to that would result from such enactment, of the impact of private sector mandates, the United States Constitution passed by the would reduce the duties imposed by the Fed- Senate shall specifically exclude social secu- and through the dissemination of that infor- eral intergovernmental mandate by a cor- mation provide informed and deliberate deci- rity from the calculations used to determine responding amount. if the Federal budget is in balance. sions by Congress and Federal agencies and retain competitive balance between the pub- AMENDMENT NO. 134 lic and private sectors; LEAHY AMENDMENT NO. 128 On page 24, insert between lines 21 and 22 (6) to establish a point-of-order vote on the (Ordered to lie on the table.) the following new section: consideration in the Senate and House of ‘‘(cc) If a bill, joint resolution, amendmet, Representatives of legislation containing Mr. LEAHY submitted an amend- motion, or conference report contains a Fed- significant Federal mandates; and ment intended to be proposed by him eral private sector mandate and a Federal (7) to assist Federal agencies in their con- to the bill, S. 1, supra, as follows: intergovernmental mandate that would, if sideration of proposed regulations affecting enacted, impose identical duties on both At the appropriate place, insert the follow- States, local governments, and tribal govern- State and local governments and on the pri- ing: ments, by— vate sector, in such cases in which Federal ( ) A law or regulation which protects the (A) requiring that Federal agencies develop private sector mandates apply to private sec- citizens, businesses or property in a State a process to enable the elected and other of- tor entities which are competing directly or from the actions of persons, businesses or ficials of States, local governments, and indirectly with State and local governments governments in another State or States is tribal governments to provide input when for the purpose of providing substantially excluded from the provisions of this Act. Federal agencies are developing regulations; similar goods or services to the public, then and BYRD AMENDMENT NO. 129 this part shall apply to the Federal private sector mandate in that measure or matter in (B) requiring that Federal agencies prepare (Ordered to lie on the table.) the same manner and to the same extent as and consider better estimates of the budg- Mr. BYRD submitted an amendment it does to the Federal intergovernmental etary impact of regulations containing Fed- mandate.’’ eral mandates upon States, local govern- intended to be proposed by him to the ments, and tribal governments before adopt- bill, S. 1, supra, as follows: ing such regulations, and ensuring that On page 23, strike beginning with line 24 DOMENICI AMENDMENT NOS. 135– small governments are given special consid- through line 21 on page 24. 136 eration in that process.

(Ordered to lie on the table.) SEC. 3. DEFINITIONS. BINGAMAN AMENDMENT NOS. 130– Mr. KEMPTHORNE (for Mr. DOMEN- For purposes of this Act— 132 ICI) submitted two amendments in- (1) the terms defined under section 408(f) of (Ordered to lie on the table.) tended to be proposed by him to the the Congressional Budget and Impoundment Mr. BINGAMAN submitted three bill S. 1; supra; as follows: Control Act of 1974 (as added by section 101 amendments intended to be proposed AMENDMENT NO. 135 of this Act) shall have the meanings as so de- fined; and On page 23, line 12, strike ‘‘(3)’’ and insert by him to the bill, S. 1, supra, as fol- (2) the term ‘‘Director’’ means the Director ‘‘5’’. lows: of the Congressional Budget Office. AMENDMENT NO. 130 AMENDMENT NO. 136 SEC. 4. EXCLUSIONS. On page 7, insert: On page 23, line 12, strike ‘‘(3)’’ and insert This Act shall not apply to any provision ‘‘(iii) any requirement for a license or per- ‘‘this section’’. in a bill or joint resolution before Congress mit for the treatment or disposal of hazard- and any provision in a proposed or final Fed- ous waste’’. KEMPTHORNE AMENDMENT NO. 137 eral regulation that— AMENDMENT NO. 131 (Ordered to lie on the table.) (1) enforces constitutional rights of indi- viduals; On page 6, insert before lines 2 and 3 the Mr. KEMPTHORNE submitted an (2) establishes or enforces any statutory following: amendment intended to be proposed by rights that prohibit discrimination on the ‘‘iii any requirement for a license or per- him to the bill S. 1; supra; as follows: basis of race, religion, gender, national ori- mit for the treatment or disposal of nuclear Strike out all after the enacting clause and gin, or handicapped or disability status; and hazardous waste’’. insert in lieu thereof the following: (3) requires compliance with accounting SECTION 1. SHORT TITLE. and auditing procedures with respect to AMENDMENT NO. 132 This Act may be cited as the ‘‘Unfunded grants or other money or property provided On page 5, line 23, after ‘‘or’’ insert ‘‘a con- Mandate Reform Act of 1995’’. by the United States Government; dition of receipt of a Federal license; or’’. SEC. 2. PURPOSES. (4) provides for emergency assistance or re- The purposes of this Act are— lief at the request of any State, local, or KEMPTHORNE AMENDMENTS NOS. (1) to strengthen the partnership between tribal government or any official of a State, 133–134 the Federal Government and States, local local, or tribal government; (5) is necessary for the national security or (Ordered to lie on the table.) governments, and tribal governments; (2) to end the imposition, in the absence of the ratification or implementation of inter- Mr. KEMPTHORNE submitted two full consideration by Congress, of Federal national treaty obligations; or amendments intended to be proposed mandates on States, local governments, and (6) the President designates as emergency by him to the bill S. 1; supra; as fol- tribal governments without adequate Fed- legislation and that the Congress so des- lows: eral funding, in a manner that may displace ignates in statute. S 1118 CONGRESSIONAL RECORD — SENATE January 18, 1995 SEC. 5. AGENCY ASSISTANCE. tives reports a bill or joint resolution of pub- fy the estimate, and briefly explain the basis Each agency shall provide to the Director lic character, the committee report accom- of the estimate. of the Congressional Budget Office such in- panying the bill or joint resolution shall con- ‘‘(B) Estimates required under this para- formation and assistance as the Director tain, if relevant to the bill or joint resolu- graph shall include estimates (and a brief ex- may reasonably request to assist the Direc- tion, an explicit statement on the extent to planation of the basis of the estimates) of— tor in carrying out this Act. which the bill or joint resolution preempts ‘‘(i) the total amount of direct costs of TITLE I—LEGISLATIVE ACCOUNTABILITY any State, local, or tribal law, and, if so, an complying with the Federal private sector AND REFORM explanation of the reasons for such preemp- mandates in the bill or joint resolution; and SEC. 101. LEGISLATIVE MANDATE ACCOUNTABIL- tion. ‘‘(ii) the amount, if any, of increase in au- ITY AND REFORM . ‘‘(6) PUBLICATION OF STATEMENT FROM THE thorization of appropriations under existing (a) IN GENERAL.—Title IV of the Congres- DIRECTOR.— Federal financial assistance programs, or of sional Budget and Impoundment Control Act ‘‘(A) Upon receiving a statement (including authorization of appropriations for new Fed- any supplemental statement) from the Di- of 1974 is amended by adding at the end eral financial assistance, provided by the bill rector under subsection (b), a committee of thereof the following new section: or joint resolution usable by the private sec- the Senate or the House of Representatives ‘‘SEC. 408. LEGISLATIVE MANDATE ACCOUNT- tor for the activities subject to the Federal shall publish the statement in the commit- ABILITY AND REFORM . private sector mandates. tee report accompanying the bill or joint res- ‘‘(a) DUTIES OF CONGRESSIONAL COMMIT- ‘‘(C) If the Director determines that it is olution to which the statement relates if the TEES.— statement is available at the time the report not feasible to make a reasonable estimate ‘‘(1) IN GENERAL.—When a committee of au- that would be required under subparagraphs thorization of the Senate or the House of is printed. ‘‘(B) If the statement is not published in (A) and (B), the Director shall not make the Representatives reports a bill or joint resolu- the report, or if the bill or joint resolution to estimate, but shall report in the statement tion of public character that includes any which the statement relates is expected to be that the reasonable estimate cannot be made Federal mandate, the report of the commit- considered by the Senate or the House of and shall include the reasons for that deter- tee accompanying the bill or joint resolution Representatives before the report is pub- mination in the statement. shall contain the information required by lished, the committee shall cause the state- ‘‘(3) LEGISLATION FALLING BELOW THE DI- paragraphs (3) and (4). ment, or a summary thereof, to be published RECT COSTS THRESHOLDS.—If the Director es- ‘‘(2) SUBMISSION OF BILLS TO THE DIREC- in the Congressional Record in advance of timates that the direct costs of a Federal TOR.—When a committee of authorization of floor consideration of the bill or joint resolu- mandate will not equal or exceed the thresh- the Senate or the House of Representatives tion. olds specified in paragraphs (1) and (2), the orders reported a bill or joint resolution of a ‘‘(b) DUTIES OF THE DIRECTOR; STATEMENTS Director shall so state and shall briefly ex- public character, the committee shall ON BILLS AND JOINT RESOLUTIONS OTHER plain the basis of the estimate. promptly provide the bill or joint resolution THAN APPROPRIATIONS BILLS AND JOINT RESO- ‘‘(c) LEGISLATION SUBJECT TO POINT OF to the Director of the Congressional Budget LUTIONS.— ORDER IN THE SENATE.— Office and shall identify to the Director any ‘‘(1) FEDERAL INTERGOVERNMENTAL MAN- ‘‘(1) IN GENERAL.—It shall not be in order in Federal mandates contained in the bill or DATES IN REPORTED BILLS AND RESOLUTIONS.— the Senate to consider— resolution. For each bill or joint resolution of a public ‘‘(A) any bill or joint resolution that is re- ‘‘(3) REPORTS ON FEDERAL MANDATES.—Each character reported by any committee of au- ported by a committee unless the committee report described under paragraph (1) shall thorization of the Senate or the House of has published a statement of the Director on contain— Representatives, the Director of the Congres- the direct costs of Federal mandates in ac- ‘‘(A) an identification and description of sional Budget Office shall prepare and sub- cordance with subsection (a)(6) before such any Federal mandates in the bill or joint res- mit to the committee a statement as follows: consideration; and olution, including the expected direct costs ‘‘(A) If the Director estimates that the di- ‘‘(B) any bill, joint resolution, amendment, to State, local, and tribal governments, and rect cost of all Federal intergovernmental motion, or conference report that would in- to the private sector, required to comply mandates in the bill or joint resolution will crease the direct costs of Federal intergov- with the Federal mandates; equal or exceed $50,000,000 (adjusted annually ernmental mandates by an amount that ‘‘(B) a qualitative, and if practicable, a for inflation) in the fiscal year in which any causes the thresholds specified in subsection quantitative assessment of costs and benefits Federal intergovernmental mandate in the (b)(1)(A) to be exceeded, unless— anticipated from the Federal mandates (in- bill or joint resolution (or in any necessary ‘‘(i) the bill, joint resolution, amendment, cluding the effects on health and safety and implementing regulation) would first be ef- motion, or conference report provides direct the protection of the natural environment); fective or in any of the 4 fiscal years follow- spending authority for each fiscal year for and ing such fiscal year, the Director shall so the Federal intergovernmental mandates in- ‘‘(C) a statement of the degree to which a state, specify the estimate, and briefly ex- cluded in the bill, joint resolution, amend- Federal mandate affects both the public and plain the basis of the estimate. ment, motion, or conference report in an private sectors and the extent to which Fed- ‘‘(B) The estimate required under subpara- amount that is equal to the estimated direct eral payment of public sector costs or the graph (A) shall include estimates (and brief costs of such mandate; modification or termination of the Federal explanations of the basis of the estimates) ‘‘(ii) the bill, joint resolution, amendment, mandate as provided under subsection of— motion, or conference report provides an in- (c)(1)(B)(iii)(IV) would affect the competitive ‘‘(i) the total amount of direct cost of com- balance between State, local, or tribal gov- plying with the Federal intergovernmental crease in receipts and an increase in direct ernments and privately owned businesses. mandates in the bill or joint resolution; and spending authority for each fiscal year for ‘‘(4) INTERGOVERNMENTAL MANDATES.—If ‘‘(ii) the amount, if any, of increase in au- the Federal intergovernmental mandates in- any of the Federal mandates in the bill or thorization of appropriations under existing cluded in the bill, joint resolution, amend- joint resolution are Federal intergovern- Federal financial assistance programs, or of ment, motion, or conference report in an mental mandates, the report required under authorization of appropriations for new Fed- amount equal to the estimated direct costs paragraph (1) shall also contain— eral financial assistance, provided by the bill of such mandate; or ‘‘(A)(i) a statement of the amount, if any, or joint resolution and usable by State, ‘‘(iii) the bill, joint resolution, amend- of increase or decrease in authorization of local, or tribal governments for activities ment, motion, or conference report includes appropriations under existing Federal finan- subject to the Federal intergovernmental an authorization for appropriations in an cial assistance programs, or of authorization mandates. amount equal to the estimated direct costs of appropriations for new Federal financial ‘‘(2) FEDERAL PRIVATE SECTOR MANDATES IN of such mandate, and— assistance, provided by the bill or joint reso- REPORTED BILLS AND JOINT RESOLUTIONS.—For ‘‘(I) identifies a specific dollar amount es- lution to pay for the costs to State, local, each bill or joint resolution of a public char- timate of the full direct costs of the mandate and tribal governments of the Federal inter- acter reported by any committees of author- for each year or other period during which governmental mandate; and ization of the Senate or the House of Rep- the mandate shall be in effect under the bill, ‘‘(ii) a statement of whether the committee resentatives, the Director of the Congres- joint resolution, amendment, motion or con- intends that the Federal intergovernmental sional Budget Office shall prepare and sub- ference report, and such estimate is consist- mandates be partly or entirely unfunded, and mit to the committee a statement as follows: ent with the estimate determined under if so, the reasons for that intention; and ‘‘(A) If the Director estimates that the di- paragraph (3) for each fiscal year; ‘‘(B) any existing sources of Federal assist- rect cost of all Federal private sector man- ‘‘(II) identifies any appropriation bill that ance in addition to those identified in sub- dates in the bill or joint resolution will equal is expected to provide for Federal funding of paragraph (A) that may assist State, local, or exceed $200,000,000 (adjusted annually for the direct cost referred to under subclause and tribal governments in meeting the direct inflation) in the fiscal year in which any (IV)(aa); costs of the Federal intergovernmental man- Federal private sector mandate in the bill or ‘‘(III) identifies the minimum amount that dates. joint resolution (or in any necessary imple- must be appropriated in each appropriations ‘‘(5) PREEMPTION CLARIFICATION AND INFOR- menting regulation) would first be effective bill referred to in subclause (II), in order to MATION.—When a committee of authorization or in any of the 4 fiscal years following such provide for full Federal funding of the direct of the Senate or the House of Representa- fiscal year, the Director shall so state, speci- costs referred to in subclause (I); and January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1119 ‘‘(IV)(aa) designates a responsible Federal ‘‘(B) any provision in legislation, statute, ‘‘(D) shall be determined on the assump- agency and establishes criteria and proce- or regulation that relates to a then-existing tion that State, local, and tribal govern- dures under which such agency shall imple- Federal program under which $500,000,000 or ments, and the private sector will take all ment less costly programmatic and financial more is provided annually to States, local reasonable steps necessary to mitigate the responsibilities of State, local, and tribal governments, and tribal governments under costs resulting from the Federal mandate, governments in meeting the objectives of the entitlement authority, if the provision— and will comply with applicable standards of mandate, to the extent that an appropriation ‘‘(i)(I) would increase the stringency of practice and conduct established by recog- Act does not provide for the estimated direct conditions of assistance to States, local gov- nized professional or trade associations. Rea- costs of such mandate as set forth under ernments, or tribal governments under the sonable steps to mitigate the costs shall not subclause (III); or program; or include increases in State, local, or tribal ‘‘(bb) designates a responsible Federal ‘‘(II) would place caps upon, or otherwise taxes or fees. agency and establishes criteria and proce- decrease, the Federal Government’s respon- ‘‘(5) The term ‘private sector’ means all dures to direct that, if an appropriation Act sibility to provide funding to States, local persons or entities in the United States, ex- does not provide for the estimated direct governments, or tribal governments under cept for State, local, or tribal governments, costs of such mandate as set forth under the program; and including individuals, partnerships, associa- subclause (III), such agency shall declare ‘‘(ii) the States, local governments, or trib- tions, corporations, and educational and such mandate to be ineffective as of October al governments that participate in the Fed- nonprofit institutions. 1 of the fiscal year for which the appropria- eral program lack authority under that pro- ‘‘(6) The term ‘local government’ has the tion is not at least equal to the direct costs gram to amend their financial or pro- same meaning as in section 6501(6) of title 31, of the mandate. grammatic responsibilities to continue pro- United States Code. ‘‘(2) RULE OF CONSTRUCTION.—The provi- viding required services that are affected by ‘‘(7) The term ‘tribal government’ means sions of paragraph (1)(B)(iii)(IV)(aa) shall not the legislation, statute or regulation. any Indian tribe, band, nation, or other orga- be construed to prohibit or otherwise re- ‘‘(2) The term ‘Federal private sector man- nized group or community, including any strict a State, local, or tribal government date’ means any provision in legislation, Alaska Native village or regional or village from voluntarily electing to remain subject statute, or regulation that— corporation as defined in or established pur- to the original Federal intergovernmental ‘‘(A) would impose an enforceable duty suant to the Alaska Native Claims Settle- mandate, complying with the programmatic upon the private sector except— ment Act (83 Stat. 688; 43 U.S.C. 1601 et seq.) or financial responsibilities of the original ‘‘(i) a condition of Federal assistance; or which is recognized as eligible for the special Federal intergovernmental mandate and pro- ‘‘(ii) a duty arising from participation in a programs and services provided by the Unit- viding the funding necessary consistent with voluntary Federal program; or ed States to Indians because of their special the costs of Federal agency assistance, mon- ‘‘(B) would reduce or eliminate the amount status as Indians. itoring, and enforcement. of authorization of appropriations for Fed- ‘‘(8) The term ‘small government’ means ‘‘(3) COMMITTEE ON APPROPRIATIONS.—Para- eral financial assistance that will be pro- any small governmental jurisdictions de- graph (1) shall not apply to matters that are vided to the private sector for the purposes fined in section 601(5) of title 5, United within the jurisdiction of the Committee on of ensuring compliance with such duty. States Code, and any tribal government. Appropriations of the Senate or the House of ‘‘(3) The term ‘Federal mandate’ means a ‘‘(9) The term ‘State’ has the same mean- Representatives. Federal intergovernmental mandate or a ing as in section 6501(9) of title 31, United ‘‘(d) ENFORCEMENT IN THE HOUSE OF REP- Federal private sector mandate, as defined in State Code. RESENTATIVES.—It shall not be in order in paragraphs (1) and (2). ‘‘(10) The term ‘agency’ has the meaning as the House of Representatives to consider a ‘‘(4) The terms ‘Federal mandate direct defined in section 551(1) of title 5, United rule or order that waives the application of costs’ and ‘direct costs’— States Code, but does not include independ- subsection (c) to a bill or joint resolution re- ‘‘(A)(i) in the case of a Federal intergov- ent regulatory agencies, as defined in section ported by a committee of authorization. ernmental mandate, mean the aggregate es- 3502(10) of title 44, United States Code. ‘‘(e) EXCLUSIONS.—This section shall not timated amounts that all States, local gov- ‘‘(11) The term ‘regulation’ or ‘rule’ has the apply to any provision in a bill or joint reso- ernments, and tribal governments would be meaning of ‘rule’ as defined in section 601(2) lution before Congress and any provision in a required to spend in order to comply with of title 5, United States Code.’’. proposed or final Federal regulation that— the Federal intergovernmental mandate; or (b) TECHNICAL AND CONFORMING AMEND- ‘‘(1) enforces constitutional rights of indi- ‘‘(ii) in the case of a provision referred to MENT.—The table of contents in section 1(b) viduals; in paragraph (1)(A)(ii), mean the amount of of the Congressional Budget and Impound- ‘‘(2) establishes or enforces any statutory Federal financial assistance eliminated or ment Control Act of 1974 is amended by add- rights that prohibit discrimination on the reduced; ing after the item relating to section 407 the basis of race, religion, gender, national ori- ‘‘(B) in the case of a Federal private sector following new item: gin, or handicapped or disability status; mandate, mean the aggregate estimated ‘‘(3) requires compliance with accounting amounts that the private sector will be re- and auditing procedures with respect to quired to spend in order to comply with the ‘‘Sec. 408. Legislative mandate account- grants or other money or property provided Federal private sector mandate; ability and reform.’’. by the United States Government; ‘‘(C) shall not include— SEC. 102. ENFORCEMENT IN THE HOUSE OF REP- ‘‘(4) provides for emergency assistance or ‘‘(i) estimated amounts that the States, RESENTATIVES. relief at the request of any State, local, or local governments, and tribal governments (a) MOTIONS TO STRIKE IN THE COMMITTEE tribal government or any official of a State, (in the case of a Federal intergovernmental OF THE WHOLE.—Clause 5 of rule XXIII of the local, or tribal government; mandate) or the private sector (in the case of Rules of the House of Representatives is ‘‘(5) is necessary for the national security a Federal private sector mandate) would amended by adding at the end the following: or the ratification or implementation of spend— ‘‘(c) In the consideration of any measure international treaty obligations; or ‘‘(I) to comply with or carry out all appli- for amendment in the Committee of the ‘‘(6) the President designates as emergency cable Federal, State, local, and tribal laws Whole containing any Federal mandate the legislation and that the Congress so des- and regulations in effect at the time of the direct costs of which exceed the threshold in ignates in statute. adoption of the Federal mandate for the section 408(c) of the Congressional Budget ‘‘(f) DEFINITIONS.—For purposes of this sec- same activity as is affected by that Federal and Impoundment Control Act of 1974, it tion: mandate; or shall always be in order, unless specifically ‘‘(1) The term ‘Federal intergovernmental ‘‘(II) to comply with or carry out State, waived by terms of a rule governing consid- mandate’ means— local governmental, and tribal governmental eration of that measure, to move to strike ‘‘(A) any provision in legislation, statute, programs, or private-sector business or other such Federal mandate from the portion of or regulation that— activities in effect at the time of the adop- the bill then open to amendment.’’. ‘‘(i) would impose an enforceable duty upon tion of the Federal mandate for the same ac- (b) COMMITTEE ON RULES REPORTS ON States, local governments, or tribal govern- tivity as is affected by that mandate; or WAIVED POINTS OF ORDER.—The Committee ments, except— ‘‘(ii) expenditures to the extent that such on Rules shall include in the report required ‘‘(I) a condition of Federal assistance; or expenditures will be offset by any direct sav- by clause 1(d) of rule XI (relating to its ac- ‘‘(II) a duty arising from participation in a ings to the States, local governments, and tivities during the Congress) of the Rules of voluntary Federal program, except as pro- tribal governments, or by the private sector, the House of Representatives a separate item vided in subparagraph (B)); or as a result of— identifying all waivers of points of order re- ‘‘(ii) would reduce or eliminate the amount ‘‘(I) compliance with the Federal mandate; lating to Federal mandates, listed by bill or of authorization of appropriations for Fed- or joint resolution number and the subject mat- eral financial assistance that would be pro- ‘‘(II) other changes in Federal law or regu- ter of that measure. vided to States, local governments, or tribal lation that are enacted or adopted in the (c) DETERMINATIONS.— governments for the purpose of complying same bill or joint resolution or proposed or (1) DETERMINATION OF APPLICABILITY TO with any such previously imposed duty un- final Federal regulation and that govern the PENDING LEGISLATION.—For purposes of the less such duty is reduced or eliminated by a same activity as is affected by the Federal application of this section in the House of corresponding amount; or mandate; and Representatives, on questions regarding the S 1120 CONGRESSIONAL RECORD — SENATE January 18, 1995 applicability of this Act to a pending bill, any Federal financial assistance in the bill governments to provide meaningful and joint resolution, amendment, motion, or con- or joint resolution upon any particular in- timely input in the development of regu- ference report, the Committee on Govern- dustries or sectors of the economy, States, latory proposals containing significant Fed- ment Reform and Oversight of the House of regions, and urban or rural or other types of eral intergovernmental mandates. Such a Representatives shall have the authority to communities; and process shall be consistent with all applica- make the final determination. ‘‘(iii) the effect of Federal private sector ble laws, including the provisions of chapters (2) DETERMINATIONS OF FEDERAL MANDATE mandates in the bill or joint resolution on 5, 6, and 7 of title 5, United States Code LEVELS.—For the purposes of the application the national economy, including the effect (commonly referred to as the Administrative of this section in the House of Representa- on productivity, economic growth, full em- Procedure Act). tives, the levels of Federal mandates for a ployment, creation of productive jobs, and (c) AGENCY PLAN.— fiscal year shall be determined based on the international competitiveness of United (1) EFFECTS ON STATE, LOCAL AND TRIBAL estimates made by the Committee on the States goods and services.’’; and GOVERNMENTS.—Before establishing any reg- Budget of the House of Representatives. (2) in section 301(d) by adding at the end ulatory requirements that might signifi- SEC. 103. ASSISTANCE TO COMMITTEES AND thereof the following new sentence: ‘‘Any cantly or uniquely affect small governments, STUDIES. Committee of the House of Representatives agencies shall have developed a plan under The Congressional Budget and Impound- or the Senate that anticipates that the com- which the agency shall— ment Control Act of 1974 is amended— mittee will consider any proposed legislation (A) provide notice of the contemplated re- (1) in section 202— establishing, amending, or reauthorizing any quirements to potentially affected small Federal program likely to have a significant (A) in subsection (c)— governments, if any; budgetary impact on any State, local, or (i) by redesignating paragraph (2) as para- (B) enable officials of affected small gov- graph (3); and tribal government, or likely to have a sig- ernments to provide input under subsection (ii) by inserting after paragraph (1) the fol- nificant financial impact on the private sec- (b); and lowing new paragraph: tor, including any legislative proposal sub- (C) inform, educate, and advise small gov- ‘‘(2) At the request of any committee of the mitted by the executive branch likely to ernments on compliance with the require- Senate or the House of Representatives, the have such a budgetary or financial impact, Office shall, to the extent practicable, con- shall include its views and estimates on that ments. sult with and assist such committee in ana- proposal to the Committee on the Budget of (2) AUTHORIZATION OF APPROPRIATIONS.— lyzing the budgetary or financial impact of the applicable House.’’. There are authorized to be appropriated to each agency to carry out the provisions of any proposed legislation that may have— SEC. 104. AUTHORIZATION OF APPROPRIATIONS. this section, and for no other purpose, such ‘‘(A) a significant budgetary impact on There are authorized to be appropriated to sums as are necessary. State, local, or tribal governments; or the Congressional Budget Office $4,500,000 for ‘‘(B) a significant financial impact on the each of the fiscal years 1996, 1997, 1998, 1999, SEC. 202. STATEMENTS TO ACCOMPANY SIGNIFI- private sector.’’; 2000, 2001, and 2002 to carry out the provi- CANT REGULATORY ACTIONS. (B) by amending subsection (h) to read as sions of this Act. (a) IN GENERAL.—Before promulgating any follows: SEC. 105. EXERCISE OF RULEMAKING POWERS. final rule that includes any Federal inter- ‘‘(h) STUDIES.— The provisions of sections 101, 102, 103, 104, governmental mandate that may result in ‘‘(1) CONTINUING STUDIES.—The Director of and 107 are enacted by Congress— the expenditure by State, local, or tribal the Congressional Budget Office shall con- (1) as an exercise of the rulemaking power governments, and the private sector, in the duct continuing studies to enhance compari- of the Senate and the House of Representa- aggregate, of $100,000,000 or more (adjusted sons of budget outlays, credit authority, and tives, respectively, and as such they shall be annually for inflation by the Consumer Price tax expenditures. considered as part of the rules of such House, Index) in any 1 year, and before promulgat- ‘‘(2) FEDERAL MANDATE STUDIES.— respectively, and such rules shall supersede ing any general notice of proposed rule- ‘‘(A) At the request of any Chairman or other rules only to the extent that they are making that is likely to result in promulga- ranking member of the minority of a Com- inconsistent therewith; and tion of any such rule, the agency shall pre- mittee of the Senate or the House of Rep- (2) with full recognition of the constitu- pare a written statement containing— resentatives, the Director shall, to the ex- tional right of either House to change such (1) estimates by the agency, including the tent practicable, conduct a study of a Fed- rules (so far as relating to such House) at underlying analysis, of the anticipated costs eral mandate legislative proposal. any time, in the same manner, and to the to State, local, and tribal governments and ‘‘(B) In conducting a study on intergovern- same extent as in the case of any other rule the private sector of complying with the mental mandates under subparagraph (A), of each House. Federal intergovernmental mandate, and of the Director shall— SEC. 106. REPEAL OF CERTAIN ANALYSIS BY CON- the extent to which such costs may be paid ‘‘(i) solicit and consider information or GRESSIONAL BUDGET OFFICE. with funds provided by the Federal Govern- comments from elected officials (including (a) IN GENERAL.—Section 403 of the Con- their designated representatives) of State, ment or otherwise paid through Federal fi- gressional Budget Act of 1974 (2 U.S.C. 653) is nancial assistance; local, or tribal governments as may provide repealed. helpful information or comments; (2) estimates by the agency, if and to the (b) TECHNICAL AND CONFORMING AMEND- ‘‘(ii) consider establishing advisory panels extent that the agency determines that ac- MENT.—The table of contents in section 1(b) curate estimates are reasonably feasible, of elected officials or their designated rep- of the Congressional Budget and Impound- resentatives, of State, local, or tribal gov- of— ment Control Act of 1974 is amended by (A) the future costs of the Federal inter- ernments if the Director determines that striking out the item relating to section 403. such advisory panels would be helpful in per- governmental mandate; and SEC. 107. EFFECTIVE DATE. forming responsibilities of the Director (B) any disproportionate budgetary effects under this section; and This title shall take effect on January 1, of the Federal intergovernmental mandate ‘‘(iii) if, and to the extent that the Direc- 1996 and shall apply only to legislation con- upon any particular regions of the Nation or tor determines that accurate estimates are sidered on and after such date. particular State, local, or tribal govern- reasonably feasible, include estimates of— TITLE II—REGULATORY ACCOUNTABILITY ments, urban or rural or other types of com- ‘‘(I) the future direct cost of the Federal AND REFORM munities; mandate to the extent that such costs sig- SEC. 201. REGULATORY PROCESS. (3) a qualitative, and if possible, a quan- nificantly differ from or extend beyond the 5- (a) IN GENERAL.—Each agency shall, to the titative assessment of costs and benefits an- year period after the mandate is first effec- extent permitted in law— ticipated from the Federal intergovern- tive; and (1) assess the effects of Federal regulations mental mandate (such as the enhancement of ‘‘(II) any disproportionate budgetary ef- on State, local, and tribal governments health and safety and the protection of the fects of Federal mandates upon particular in- (other than to the extent that such regula- natural environment); dustries or sectors of the economy, States, tions incorporate requirements specifically (4) the effect of the Federal private sector regions, and urban or rural or other types of set forth in legislation), and the private sec- mandate on the national economy, including communities, as appropriate. tor including specifically the availability of the effect on productivity, economic growth, ‘‘(C) In conducting a study on private sec- resources to carry out any Federal intergov- full employment, creation of productive jobs, tor mandates under subparagraph (A), the ernmental mandates in those regulations; and international competitiveness of United Director shall provide estimates, if and to and States goods and services; and the extent that the Director determines that (2) seek to minimize those burdens that (5)(A) a description of the extent of the such estimates are reasonably feasible, of— uniquely or significantly affect such govern- agency’s prior consultation with elected rep- ‘‘(i) future costs of Federal private sector mental entities, consistent with achieving resentatives (or their designated representa- mandates to the extent that such mandates statutory and regulatory objectives. tives) of the affected State, local, and tribal differ significantly from or extend beyond (b) STATE, LOCAL, AND TRIBAL GOVERNMENT governments; the 5-year time period referred to in subpara- INPUT.—Each agency shall, to the extent per- (B) a summary of the comments and con- graph (B)(iii)(I); mitted in law, develop an effective process to cerns that were presented by State, local, or ‘‘(ii) any disproportionate financial effects permit elected officials (or their designated tribal governments either orally or in writ- of Federal private sector mandates and of representatives) of State, local, and tribal ing to the agency; January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1121

(C) a summary of the agency’s evaluation ance by State, local, and tribal governments (2) VACANCIES.—A vacancy in the Commis- of those comments and concerns; and with those mandates; and sion shall be filled in the manner in which (D) the agency’s position supporting the (F) establishing common Federal defini- the original appointment was made. need to issue the regulation containing the tions or standards to be used by State, local, (d) BASIC PAY.— Federal intergovernmental mandates (con- and tribal governments in complying with (1) RATES OF PAY.—Members of the Com- sidering, among other things, the extent to unfunded Federal mandates that use dif- mission shall serve without pay. which costs may or may not be paid with ferent definitions or standards for the same (2) PROHIBITION OF COMPENSATION OF FED- funds provided by the Federal Government). terms or principles; and ERAL EMPLOYEES.—Members of the Commis- (b) PROMULGATION.—In promulgating a (3) identify in each recommendation made sion who are full-time officers or employees general notice of proposed rulemaking or a under paragraph (2), to the extent prac- of the United States may not receive addi- final rule for which a statement under sub- ticable, the specific unfunded Federal man- tional pay, allowances, or benefits by reason section (a) is required, the agency shall in- dates to which the recommendation applies. of their service on the Commission. clude in the promulgation a summary of the (b) CRITERIA.— (e) TRAVEL EXPENSES.—Each member of information contained in the statement. (1) IN GENERAL.—The Commission shall es- the Commission shall receive travel ex- (c) PREPARATION IN CONJUNCTION WITH tablish criteria for making recommendations penses, including per diem in lieu of subsist- OTHER STATEMENT.—Any agency may pre- under subsection (a). ence, in accordance with sections 5702 and pare any statement required under sub- (2) ISSUANCE OF PROPOSED CRITERIA.—The 5703 of title 5, United States Code. section (a) in conjunction with or as a part Commission shall issue proposed criteria (f) CHAIRPERSON.—The President shall des- of any other statement or analysis, provided under this subsection not later than 60 days ignate a member of the Commission as that the statement or analysis satisfies the after the date of the enactment of this Act, Chairperson at the time of the appointment provisions of subsection (a). and thereafter provide a period of 30 days for of that member. SEC. 203. ASSISTANCE TO THE CONGRESSIONAL submission by the public of comments on the (g) MEETINGS.— BUDGET OFFICE. proposed criteria. (1) IN GENERAL.—Subject to paragraph (2), The Director of the Office of Management (3) FINAL CRITERIA.—Not later than 45 days the Commission shall meet at the call of the and Budget shall— after the date of issuance of proposed cri- Chairperson or a majority of its members. (1) collect from agencies the statements teria, the Commission shall— (2) FIRST MEETING.—The Commission shall prepared under section 202; and (A) consider comments on the proposed cri- convene its first meeting by not later than 45 (2) periodically forward copies of such teria received under paragraph (2); days after the date of the completion of ap- statements to the Director of the Congres- (B) adopt and incorporate in final criteria pointment of the members of the Commis- sional Budget Office on a reasonably timely any recommendations submitted in those sion. basis after promulgation of the general no- comments that the Commission determines (3) QUORUM.—A majority of members of the tice of proposed rulemaking or of the final will aid the Commission in carrying out its Commission shall constitute a quorum but a rule for which the statement was prepared. duties under this section; and lesser number may hold hearings. SEC. 204. PILOT PROGRAM ON SMALL GOVERN- (C) issue final criteria under this sub- SEC. 304. DIRECTOR AND STAFF OF COMMISSION; MENT FLEXIBILITY. section. EXPERTS AND CONSULTANTS. (a) IN GENERAL.—The Director of the Office (c) PRELIMINARY REPORT.— (a) DIRECTOR.—The Commission shall have of Management and Budget, in consultation (1) IN GENERAL.—Not later than 9 months a Director who shall be appointed by the with Federal agencies, shall establish pilot after the date of the enactment of this Act, Commission. The Director shall be paid at programs in at least 2 agencies to test inno- the Commission shall— the rate of basic pay payable for level IV of vative, and more flexible regulatory ap- (A) prepare and publish a preliminary re- the Executive Schedule. proaches that— port on its activities under this title, includ- (b) STAFF.—With the approval of the Com- (1) reduce reporting and compliance bur- ing preliminary recommendations pursuant mission, and without regard to section dens on small governments; and to subsection (a); 5311(b) of title 5, United States Code, the Di- (2) meet overall statutory goals and objec- (B) publish in the Federal Register a notice rector may appoint and fix the pay of such tives. of availability of the preliminary report; and staff as is sufficient to enable the Commis- (b) PROGRAM FOCUS.—The pilot programs (C) provide copies of the preliminary re- sion to carry out its duties. shall focus on rules in effect or proposed port to the public upon request. (c) APPLICABILITY OF CERTAIN CIVIL SERV- rules, or a combination thereof. ICE LAWS.—The Director and staff of the (2) PUBLIC HEARINGS.—The Commission TITLE III—REVIEW OF UNFUNDED shall hold public hearings on the preliminary Commission may be appointed without re- gard to the provisions of title 5, United FEDERAL MANDATES recommendations contained in the prelimi- States Code, governing appointments in the SEC. 301. ESTABLISHMENT. nary report of the Commission under this competitive service, and may be paid with- There is established a commission which subsection. out regard to the provisions of chapter 51 and shall be known as the ‘‘Commission on Un- (d) FINAL REPORT.—Not later than 3 subchapter III of chapter 53 of that title re- funded Federal Mandates’’ (in this title re- months after the date of the publication of lating to classification and General Schedule ferred to as the ‘‘Commission’’). the preliminary report under subsection (c), pay rates, except that an individual so ap- SEC. 302. REPORT ON UNFUNDED FEDERAL MAN- the Commission shall submit to the Con- pointed may not receive pay in excess of the DATES BY THE COMMISSION. gress, including the Committee on Govern- annual rate payable under section 5376 of (a) IN GENERAL.—The Commission shall in ment Reform and Oversight of the House of title 5, United States Code. accordance with this section— Representatives and the Committee on Gov- (1) investigate and review the role of un- (d) EXPERTS AND CONSULTANTS.—The Com- ernmental Affairs of the Senate, and to the mission may procure temporary and inter- funded Federal mandates in intergovern- President a final report on the findings, con- mental relations and their impact on State, mittent services of experts or consultants clusions, and recommendations of the Com- under section 3109(b) of title 5, United States local, tribal, and Federal government objec- mission under this section. tives and responsibilities; Code. (2) make recommendations to the Presi- SEC. 303. MEMBERSHIP. (e) STAFF OF FEDERAL AGENCIES.—Upon re- dent and the Congress regarding— (a) NUMBER AND APPOINTMENT.—The Com- quest of the Director, the head of any Fed- (A) allowing flexibility for State, local, mission shall be composed of 9 members ap- eral department or agency may detail, on a and tribal governments in complying with pointed from individuals who possess exten- reimbursable basis, any of the personnel of specific unfunded Federal mandates for sive leadership experience in and knowledge that department or agency to the Commis- which terms of compliance are unnecessarily of State, local, and tribal governments and sion to assist it in carrying out its duties rigid or complex; intergovernmental relations, including State under this title. (B) reconciling any 2 or more unfunded and local elected officials, as follows: SEC. 305. POWERS OF COMMISSION. Federal mandates which impose contradic- (1) 3 members appointed by the Speaker of (a) HEARINGS AND SESSIONS.—The Commis- tory or inconsistent requirements; the House of Representatives, in consulta- sion may, for the purpose of carrying out (C) terminating unfunded Federal man- tion with the minority leader of the House of this title, hold hearings, sit and act at times dates which are duplicative, obsolete, or Representatives. and places, take testimony, and receive evi- lacking in practical utility; (2) 3 members appointed by the majority dence as the Commission considers appro- (D) suspending, on a temporary basis, un- leader of the Senate, in consultation with priate. funded Federal mandates which are not vital the minority leader of the Senate. (b) POWERS OF MEMBERS AND AGENTS.—Any to public health and safety and which (3) 3 members appointed by the President. member or agent of the Commission may, if compound the fiscal difficulties of State, (b) WAIVER OF LIMITATION ON EXECUTIVE authorized by the Commission, take any ac- local, and tribal governments, including rec- SCHEDULE POSITIONS.—Appointments may be tion which the Commission is authorized to ommendations for triggering such suspen- made under this section without regard to take by this section. sion; section 5311(b) of title 5, United States Code. (c) OBTAINING OFFICIAL DATA.—The Com- (E) consolidating or simplifying unfunded (c) TERMS.— mission may secure directly from any de- Federal mandates, or the planning or report- (1) IN GENERAL.—Each member of the Com- partment or agency of the United States in- ing requirements of such mandates, in order mission shall be appointed for the life of the formation necessary to enable it to carry out to reduce duplication and facilitate compli- Commission. this title, except information— S 1122 CONGRESSIONAL RECORD — SENATE January 18, 1995

(1) which is specifically exempted from dis- Mr. BINGAMAN submitted an TENBERG, Mr. KEMPTHORNE, and Mr. closure by law; or amendment intended to be proposed by WELLSTONE) proposed an amendment to (2) which that department or agency deter- him to the bill, S. 1, supra, as follows: amendment No. 31 proposed by Mr. mines will disclose— (A) matters necessary to be kept secret in On page 7, line 13, after ‘‘assistance’’ insert GORTON to the bill S. 1, supra; as fol- the interests of national defense or the con- ‘‘or a condition of receipt of a Federal li- lows: fidential conduct of the foreign relations of cense.’’ At the end of the pending amendment in- the United States; sert the following: DOLE (AND OTHERS) AMENDMENT (B) information relating to trade secrets or SEC. 107. IMPACT ON LOCAL GOVERNMENTS. financial or commercial information pertain- NO. 139 (a) FINDINGS.—The Senate finds that— ing specifically to a given person if the infor- (1) the Congress should be concerned about mation has been obtained by the Govern- Mr. DOLE (for himself, Mr. BYRD, shifting costs from Federal to State and ment on a confidential basis, other than and Mr. GORTON) proposed an amend- local authorities and should be equally con- through an application by such person for a ment to amendment No. 31 proposed by cerned about the growing tendency of States specific financial or other benefit, and is re- Mr. GORTON to the bill, S. 1, supra, as to shift costs to local governments: quired to be kept secret in order to prevent follows: (2) cost shifting from States to local gov- undue injury to the competitive position of Strike all after ‘‘SEC.’’ and add the follow- ernments has, in many instances, forced such person; or ing: local governments to raise property taxes or (C) personnel or medical data or similar ‘‘. . NATIONAL HISTORY STANDARDS. curtail sometimes essential services; and data the disclosure of which would con- ‘‘(a) IN GENERAL.—Notwithstanding any (3) increases in local property taxes and stitute a clearly unwarranted invasion of other provision of law, the National Edu- cuts in essential services threaten the abil- personal privacy; cation Goals Panel shall disapprove, and the ity of many citizens to attain and maintain unless the portions containing such matters, National Education Standards and Improve- the American dream of owning a home in a information, or data have been excised. ment Council shall not certify, any vol- safe, secure community. Upon request of the Chairperson of the Com- untary national content standards, vol- (b) SENSE OF THE SENATE.—it is the sense mission, the head of that department or untary national student performance stand- of the Senate that— agency shall furnish that information to the ards, and criteria for the certification of (1) the Federal Government should not Commission. such content and student performance stand- shift certain costs to the State, and States (d) MAILS.—The Commission may use the ards, regarding the subject of history, that should end the practice of shifting costs to United States mails in the same manner and have been developed prior to February 1, local governments, which forces many local under the same conditions as other depart- 1995. governments to increase property taxes; ments and agencies of the United States. ‘‘(b) PROHIBITION.—No Federal funds shall (2) States should end the imposition, in the (e) ADMINISTRATIVE SUPPORT SERVICES.— be awarded to, or expended by, the National absence of full consideration by their legisla- Upon the request of the Commission, the Ad- Center for History in the Schools, after the tures, of State issued mandates on local gov- ministrator of General Services shall provide date of enactment of this Act, for the devel- ernments without adequate State funding, in to the Commission, on a reimbursable basis, opment of the voluntary national content a manner that may displace other essential the administrative support services nec- standards, the voluntary national student government priorities; and essary for the Commission to carry out its performance standards, and the criteria for (3) one primary objective of this Act and duties under this title. the certification of such content and student other efforts to change the relationship (f) CONTRACT AUTHORITY.—The Commission performance standards, regarding the subject among Federal, State, and local govern- may, subject to appropriations, contract of history. ments should be to reduce taxes and spend- with and compensate government and pri- ‘‘(c) SENSE OF THE SENATE.—It is the sense ing at all levels and to end the practice of vate agencies or persons for property and of the Senate that— shifting costs from one level of government services used to carry out its duties under ‘‘(1) the voluntary national content stand- to another with little or no benefit to tax- this title. ards, the voluntary national student per- payers. SEC. 306. TERMINATION. formance standards, and the criteria for the The Commission shall terminate 90 days certification of such content and student SEC. 108. EFFECTIVE DATE. after submitting its final report pursuant to performance standards, regarding the subject section 302(d). of history, that are established under title II SEC. 307. AUTHORIZATION OF APPROPRIATIONS. of the Goals 2000: Educate America Act BOXER (AND OTHERS) There are authorized to be appropriated to should not be based on standards developed AMENDMENT NO. 142 the Commission $1,000,000 to carry out this by the National Center for History in the title. Schools; and Mrs. BOXER (for herself, Mrs. MUR- SEC. 308. DEFINITION. ‘‘(2) if the Department of Education, the RAY, Mr. FEINGOLD, Mr. KENNEDY, Mr. As used in this title, the term ‘‘Federal National Endowment for the Humanities, or CAMPBELL, Mr. SIMON, Mr. LAUTEN- mandate’’ means any provision in statute or any other Federal agency provides funds for BERG, Mr. DODD, Mr. BAUCUS, Mr. regulation that imposes an enforceable duty the development of the standards and cri- LEVIN, Mr. LIEBERMAN, Ms. MOSELEY- teria described in paragraph (1), the recipi- upon States, local governments, or tribal BRAUN, Mr. HARKIN, Mr. PELL, Mr. governments including a condition of Fed- ent of such funds should have a decent re- spect for United States history’s roots in INOUYE, Ms. MIKULSKI, Mrs. FEINSTEIN, eral assistance or a duty arising from par- Mr. REID, Mr. WELLSTONE, Mr. ROBB, ticipation in a voluntary Federal program. western civilization.’’ Mr. KOHL, Mr. BRYAN, and Mr. KERRY) SEC. 309. EFFECTIVE DATE. proposed an amendment to amendment This title shall take effect 60 days after the MURRAY AMENDMENT NO. 140 date of the enactment of this Act. No. 31 proposed by Mr. GORTON to the (Ordered to lie on the table.) bill S. 1, supra; as follows: TITLE IV—JUDICIAL REVIEW Mrs. MURRAY submitted an amend- SEC. 401. JUDICIAL REVIEW. At the end of the amendment add the fol- ment intended to be proposed by her to lowing: (a) IN GENERAL.—Any statement or report the bill S. 1, supra; as follows: prepared under this Act, and any compliance ‘‘SEC. 108. SENSE OF THE SENATE CONCERNING or noncompliance with the provisions of this At the appropriate place, add the follow- PROTECTION OF REPRODUCTIVE Act, and any determination concerning the ing: HEALTH CLINICS. applicability of the provisions of this Act ( ) The provisions of this Act and the ‘‘(a) FINDINGS.—Congress finds that— shall not be subject to judicial review. amendments made by this Act also shall not ‘‘(1) there are approximately 900 clinics in apply to any agreement between the Federal (b) RULE OF CONSTRUCTION.—No provision the United States providing reproductive of this Act or amendment made by this Act Government and a State, local, or tribal gov- health services shall be construed to create any right or ben- ernment, or the private sector for the pur- ‘‘(2) violence directed at persons seeking to efit, substantive or procedural, enforceable pose of carrying out environmental restora- provide reproductive health services contin- by any person in any administrative or judi- tion or waste management activities of the ues to increase in the United States, as dem- cial action. No ruling or determination made Department of Defense or the Department of onstrated by the recent shootings at two re- under the provisions of this Act or amend- Energy. productive health clinics in Massachusetts ments made by this Act shall be considered and another health care clinic in Virginia; by any court in determining the intent of BRADLEY (AND OTHERS) ‘‘(3) organizations monitoring clinic vio- Congress or for any other purpose. AMENDMENT NO. 141 lence have recorded over 130 incidents of vio- lence or harassment directed at reproductive Mr. BRADLEY (for himself, Mr. BINGAMAN AMENDMENT NO. 138 health care clinics and their personnel in CHAFEE, Mr. DORGAN, Mr. SIMPSON, Mr. 1994 such as death threats, stalking, chemi- (Ordered to lie on the table.) ROBB, Mr. DOLE, Mr. NICKLES, Mr. LAU- cal attacks, bombings and arson; January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1123 ‘‘(4) there has been one attempted murder not to collect State and local taxes on mer- SEC.ll04. TREATMENT OF LOCAL SALES TAXES. in Florida and four individuals killed at re- chandise delivered across State lines, (a) UNIFORM LOCAL SALES TAXES.— productive health care clinics in Florida and (3) moreover, many out-of-State firms fail (1) IN GENERAL.—Sales taxes imposed by Massachusetts in 1994; to inform their customers that such taxes local jurisdictions of a State shall be deemed ‘‘(5) the Congress passed and the President exist, with some firms even falsely claim to be uniform for purposes of this title and signed the Freedom of Access to Clinic En- that merchandise purchased out-of-State is shall be collected under this title in the trances Act of 1994, a law establishing Fed- tax-free, and consequently, many consumers same manner as State sales taxes if— eral criminal penalties and civil remedies for unknowingly incur tax liabilities, including (A) such local sales taxes are imposed at certain violent, threatening, obstructive and interest and penalty charges, the same rate and on identical transactions destructive conduct that is intended to in- (4) Congress has a duty to protect consum- in all geographic areas in the State, and jure, intimidate or interfere with persons ers from explicit or implicit misrepresenta- (B) such local sales taxes imposed on sales seeking to obtain or provide reproductive tions of State and local sales tax obligations, by out-of-State persons are collected and ad- health services; (5) small businesses, which are compelled ministered by the State. ‘‘(6) violence is not a mode of free speech to collect State and local sales taxes, are (2) APPLICATION TO BORDER JURISDICTION and should not be condoned as a method of subject to unfair competition when out-of- TAX RATES.—A State shall not be treated as expressing an opinion; and State firms cannot be compelled to collect ‘‘(7) the President has instructed the At- and remit such taxes on their sales to resi- failing to meet the requirements of para- torney General to order— dents of the State, graph (1)(A) if, with respect to a local juris- ‘‘(A) the United States Attorneys to create (6) State and local governments provide a diction which borders on another State, such task forces of Federal, State and local law number of resources to out-of-State firms in- State or local jurisdiction— enforcement officials and develop plans to cluding government services relating to dis- (A) either reduces or increases the local address security for reproductive health care posal of tons of catalogs, mail delivery, com- sales tax in order to achieve a rate of tax clinics located within their jurisdictions; munications, and bank and court systems, equal to that imposed by the bordering State and (7) the inability of State and local govern- on identical transactions, or ‘‘(B) the United States Marshals Service to ments to require out-of-State firms to col- (B) exempts from the tax transactions ensure coordination between clinics and Fed- lect and remit sales taxes deprives State and which are exempt from tax in the bordering eral, State and local law enforcement offi- local governments of needed revenue and State. cials regarding potential threats of violence. forces such State and local governments to (b) NONUNIFORM LOCAL SALES TAXES.— ‘‘(b) SENSE OF THE SENATE.—It is the sense raise taxes on taxpayers, including consum- (1) IN GENERAL.—Except as provided in sub- of the Senate that the United States Attor- ers and small businesses, in such State, section (d), nonuniform local sales taxes re- ney General should fully enforce the law and (8) the Supreme Court ruled in Quill Cor- quired to be collected pursuant to this title protect persons seeking to provide or obtain, poration v. North Dakota, 112 S. Ct. 1904 shall be collected under one of the options or assist in providing or obtaining, reproduc- (1992) that the due process clause of the Con- provided under paragraph (2). tive health services from violent attack. stitution does not prohibit a State govern- (2) ELECTION.—For purposes of paragraph ‘‘(c) Nothing in this resolution shall be ment from imposing personal jurisdiction (1), any person required under authority of construed to prohibit any expressive conduct and tax obligations on out-of-State firms this title to collect nonuniform local sales (including peaceful picketing or other peace- that purposefully solicit sales from residents taxes shall elect to collect either— ful demonstration) protected from legal pro- therein, and that the Congress has the power (A) all nonuniform local sales taxes appli- hibition by the First Amendment to the Con- to authorize State governments to require cable to transactions in the State, or stitution.’’. out-of-State firms to collect State and local (B) a fee (at the rate determined under sales taxes, and paragraph (3)) which shall be in lieu of the (9) as a matter of federalism, the Federal nonuniform local sales taxes described in LEVIN (AND OTHERS) AMENDMENT Government has a duty to assist State and subparagraph (A). NO. 143 local governments in collecting sales taxes Such election shall require the person to use Mr. LEVIN (for himself, Mr. on sales from out-of-State firms. ll the method elected for all transactions in KEMPTHORNE, and Mr. GLENN) proposed SEC. 03. AUTHORITY FOR COLLECTION OF SALES TAX. the State while the election is in effect. an amendment to the bill S. 1, supra; (a) IN GENERAL.—A State is authorized to (3) RATE OF IN-LIEU FEE.—For purposes of as follows: require a person who is subject to the per- paragraph (2)(B), the rate of the in-lieu fee On page 19, insert between lines 10 and 11 sonal jurisdiction of the State to collect and for any calendar year shall be an amount the following new clause: remit a State sales tax, a local sales tax, or equal to the product of— ‘‘(iii) If the Director determines that it is both, with respect to tangible personal prop- (A) the amount determined by dividing not required under clauses (i) and (ii), the Di- erty if— total nonuniform local sales tax revenues rector shall not make the estimate, but shall (1) the destination of the tangible personal collected in the State for the most recently report in the statement that the reasonable property is in the State, completed State fiscal year for which data is estimate cannot be made and shall include (2) during the 1-year period ending on Sep- available by total State sales tax revenues the reasons for that determination in the tember 30 of the calendar year preceding the for the same year, and statement. If such determination is made by calendar year in which the taxable event oc- (B) the State sales tax rate. the Director, a point of order shall lie only curs, the person has gross receipts from sales Such amount shall be rounded to the nearest under (c)(1)(A) and as if the requirement of of such tangible personal property— 0.25 percent. (c)(1)(A) had not been met. (A) in the United States exceeding (4) NONUNIFORM LOCAL SALES TAXES.—For $3,000,000, or purposes of this title, nonuniform local sales BUMPERS AMENDMENT NO. 144 (B) in the State exceeding $100,000, and taxes are local sales taxes which do not meet (3) the State, on behalf of its local jurisdic- the requirements of subsection (a). Mr. BUMPERS proposed an amend- tions, collects and administers all local sales (c) DISTRIBUTION OF LOCAL SALES TAXES.— ment to amendment No. 31 proposed by taxes imposed pursuant to this title. (1) IN GENERAL.—Except as provided in sub- (b) STATES MUST COLLECT LOCAL SALES Mr. GORTON to the bill S. 1, supra; as section (d), a State shall distribute to local TAXES.— Except as provided in section follows: jurisdictions a portion of the amounts col- ll04(d), a State in which both State and In lieu of the matter proposed to be in- lected pursuant to this title determined on local sales taxes are imposed may not re- serted by the pending amendment, insert the the basis of— quire State sales taxes to be collected and following new title: (A) in the case of uniform local sales taxes, remitted under subsection (a) unless the ll the proportion which each local jurisdiction TITLE —COLLECTION OF STATE AND State also requires the local sales taxes to be LOCAL SALES TAXES collected and remitted under subsection (a). receives of uniform local sales taxes not col- ll lected pursuant to this title, SEC. 01. SHORT TITLE. (c) AGGREGATION RULES.—All persons that This title may be cited as the ‘‘Consumer would be treated as a single employer under (B) in the case of in-lieu fees described in and Main Street Business Protection Act of section 52 (a) or (b) of the Internal Revenue subsection (b)(2)(B), the proportion which 1995’’. Code of 1986 shall be treated as one person each local jurisdiction’s nonuniform local SEC. ll02. FINDINGS. for purposes of subsection (a). sales tax receipts bears to the total The Congress finds that— (d) DESTINATION.—For purposes of sub- nonuniform local sales tax receipts in the (1) merchandise purchased from out-of- section (a), the destination of tangible per- State, and State firms is subject to State and local sonal property is the State or local jurisdic- (C) in the case of any nonuniform local sales taxes in the same manner as merchan- tion which is the final location to which the sales tax collected pursuant to this title, the dise purchased from in-State firms, seller ships or delivers the property, or to geographical location of the transaction on (2) State and local governments generally which the seller causes the property to be which the tax was imposed. are unable to compel out-of-State firms to shipped or delivered, regardless of the means The amounts determined under subpara- collect and remit such taxes, and con- of shipment or delivery or the location of the graphs (A) and (B) shall be calculated on the sequently, many out-of-State firms choose buyer. basis of data for the most recently completed S 1124 CONGRESSIONAL RECORD — SENATE January 18, 1995 State fiscal year for which the data is avail- local jurisdiction or under any other Federal shall not be considered a Federal private sec- able. law. tor mandate or a Federal intergovernmental (2) TIMING.—Amounts described in para- SEC.ll08. TOLL-FREE INFORMATION SERVICE. mandate.’’ graph (1) (B) or (C) shall be distributed by a A State shall not have power under this State to its local jurisdictions in accordance title to require any person to collect a State AMENDMENT NO. 147 with State timetables for distributing local or local sales tax on any sale unless, at the Insert at an appropriate place: sales taxes, but not less frequently than time of such sale, such State has a toll-free ‘‘For purposes of this Act, any requirement every calendar quarter. Amounts described telephone service available to provide such for a license or permit for the treatment and in paragraph (1)(A) shall be distributed by a person information relating to collection of disposal of nuclear and hazardous waste shall State as provided under State law. such State or local sales tax. Such informa- not be considered a Federal private sector (3) TRANSITION RULE.—If, upon the effective tion shall include, at a minimum, all appli- mandate or a Federal intergovernmental date of this title, a State has a State law in cable tax rates, return and remittance ad- mandate.’’ effect providing a method for distributing dresses and deadlines, and penalty and inter- local sales taxes other than the method est information. As part of the service, the under this subsection, then this subsection State shall also provide all necessary forms KERRY AMENDMENT NO. 148 shall not apply to that State until the 91st and instructions at no cost to any person day following the adjournment sine die of using the service. The State shall promi- (Ordered to lie on the table.) that State’s next regular legislative session nently display the toll-free telephone num- Mr. KERRY submitted an amend- which convenes after the effective date of ber on all correspondence with any person this title (or such earlier date as State law ment intended to be proposed by him using the service. This service may be pro- to the bill S. 1, supra; as follows: may provide). Local sales taxes collected vided jointly with other States. pursuant to this title prior to the applica- In the pending amendment, strike all after SEC.ll09. DEFINITIONS. tion of this subsection shall be distributed as the first word and insert the following: provided by State law. For the purposes of this title— ‘‘(6) For purposes of paragraph (1)(B), the (1) the term ‘‘compensating use tax’’ (d) EXCEPTION WHERE STATE BOARD COL- term ‘Federal intergovernmental mandates’ means a tax imposed on or incident to the LECTS TAXES.—Notwithstanding section shall not include a provision in any bill, ll03(b) and subsections (b) and (c) of this use, storage, consumption, distribution, or joint resolution, amendment, motion, or con- section, if a State had in effect on January other use within a State or local jurisdiction ference report that would apply in the same 1, 1995, a State law which provides that local or other area of a State, of tangible personal manner to the activities, facilities, or serv- sales taxes are collected and remitted by a property; ices of State, local, or tribal governments board of elected States officers, then for any (2) the term ‘‘local sales tax’’ means a sales and the private sector.’’ period during which such law continues in ef- tax imposed in a local jurisdiction or area of fect— a State and includes, but is not limited to— f (1) the State may require the collection (A) a sales tax or in-lieu fee imposed in a and remittance under this title of only the local jurisdiction or area of a State by the SENATE RESOLUTION 62—ORIGI- State sales taxes and the uniform portion of State on behalf of such jurisdiction or area, NAL RESOLUTION REPORTED AU- local sales taxes, and and THORIZING EXPENDITURES BY (2) the State may distribute any local sales (B) a sales tax imposed by a local jurisdic- THE COMMITTEE ON LABOR AND tion or other State-authorized entity pursu- taxes collected pursuant to this title in ac- HUMAN RESOURCES cordance with State law. ant to the authority of State law, local law, SEC.ll05. RETURN AND REMITTANCE REQUIRE- or both; Mrs. KASSEBAUM, from the Com- MENTS. (3) the term ‘‘person’’ means an individual, mittee on Labor and Human Resources, (a) IN GENERAL.—A State may not require a trust, estate, partnership, society, associa- reported the following original resolu- any person subject to this title— tion, company (including a limited liability tion; which was referred to the Com- company) or corporation, whether or not (1) to file a return reporting the amount of mittee on Rules and Administration: any tax collected or required to be collected acting in a fiduciary or representative capac- under this title, or to remit the receipts of ity, and any combination of the foregoing; S. RES. 62 such tax, more frequently than once with re- (4) the term ‘‘sales tax’’ means a tax, in- Resolved, That, in carrying out its powers, spect to sales in a calendar quarter, or cluding a compensating use tax, that is— duties, and functions under the Standing (2) to file the initial such return, or to (A) imposed on or incident to the sale, pur- Rules of the Senate, in accordance with its make the initial such remittance, before the chase, storage, consumption, distribution, or jurisdiction under rule XXV of such rules, in- 90th day after the person’s first taxable other use of tangible personal property as cluding holding hearings, reporting such transaction under this Act. may be defined or specified under the laws hearings, and making investigations as au- (b) LOCAL TAXES.—The provisions of sub- imposing such tax, and thorized by paragraphs 1 and 8 of rule XXVI section (a) shall also apply to any person re- (B) measured by the amount of the sales of the Standing Rules of the Senate, the quired by a State acting under authority of price, cost, charge or other value of or for Committee on Labor and Human Resources this title to collect a local sales tax or in- such property; and is authorized from March 1, 1995, through lieu fee. (5) the term ‘‘State’’ means any of the sev- February 28, 1996, and March 1, 1996, through SEC.ll06. NONDISCRIMINATION AND EXEMP- eral States of the United States, the District February 28, 1997, in its discretion (1) to TIONS. of Columbia, the Commonwealth of Puerto make expenditures from the contingent fund Any State which exercises any authority Rico, and any territory or possession of the of the Senate, (2) to employ personnel, and granted under this title shall allow to all United States. (3) with the prior consent of the Government persons subject to this title all exemptions SEC.ll 10. EFFECTIVE DATE. department or agency concerned and the or other exceptions to State and local sales This title shall take effect 180 days after Committee on Rules and Administration, to taxes which are allowed to persons located the date of the enactment of this Act. In no use on a reimbursable or non-reimbursable within the State or local jurisdiction. event shall this title apply to any sale occur- basis the services of personnel of any such SEC.ll07. APPLICATION OF STATE LAW. ring before such effective date. department or agency. (a) PERSONS REQUIRED TO COLLECT STATE SEC. 2. The expenses of the committee for OR LOCAL SALES TAX.—Any person required BINGAMAN AMENDMENTS NOS. 145– the period March 1, 1995, through February ll by section 03 to collect a State or local 147 28, 1996, under this resolution shall not ex- sales tax shall be subject to the laws of such ceed $4,018,405, of which amount not to ex- State relating to such sales tax to the extent (Ordered to lie on the table.) ceed $22,500 may be expended for the procure- that such laws are consistent with the limi- Mr. BINGAMAN submitted three ment of the services of individual consult- tations contained in this title. amendments intended to be proposed ants, or organizations thereof (as authorized (b) LIMITATIONS.—Except as provided in by him to the bill S. 1, supra; as fol- by section 202(i) of the Legislative Reorga- subsection (a), nothing in this title shall be lows: nization Act of 1946, as amended). construed to permit a State— b. For the period March 1, 1996, through (1) to license or regulate any person, AMENDMENT NO. 145 February 28, 1997, expenses of the committee (2) to require any person to qualify to Insert at an appropriate place: under this resolution shall not exceed transact intrastate business, or ‘‘For purposes of this Act, a condition of $4,111,256, of which amount not to exceed (3) to subject any person to State taxes not receipt of a Federal license shall not be con- $22,500 may be expended for the procurement related to the sales of tangible personnel sidered a Federal private sector mandate or of the services of individual consultants, or property. a Federal intergovernmental mandate.’’ organizations thereof (as authorized by sec- (c) PREEMPTION.—Except as otherwise pro- tion 202(i) of the Legislative Reorganization vided in this title, this title shall not be con- AMENDMENT NO. 146 Act of 1946, as amended). strued to preempt or limit any power exer- Insert at an appropriate place: SEC. 3. The committee shall report its find- cised or to be exercised by a State or local ‘‘For purposes of this Act, any law enforce- ings, together with such recommendations jurisdiction under the law of such State or ment provision relating to organized crime for legislation as it deems advisable, to the January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1125 Senate at the earliest practicable date, but principles and not on political pressure: Now, like changing the CPI they will reduce not later than February 28, 1996, and Feb- therefore, be it the deficit by cutting Social Security ruary 28, 1997, respectively. Resolved, That it is the sense of the Senate COLA’s and by increasing taxes and SEC. 4. Expenses of the committee under that— this resolution shall be paid from the contin- (1) a precipitous change in the calculation claim it’s all just technical. gent fund of the Senate upon vouchers ap- of the Consumer Price Index that would re- The appetite to play these games to proved by the chairman of the committee, sult in an increase in income taxes and a de- justify their economic proposals seems except that vouchers shall not be required (1) crease in Social Security benefits is not the boundless. First they propose to for the disbursement of salaries of employees appropriate way to resolve this issue; and change the way proposals in Congress paid at an annual rate, or (2) for the pay- (2) any change in the calculation of the are scored so that their proposals will ment of telecommunications provided by the Consumer Price Index should result from look less radical. Now they do half- Office of the Sergeant at Arms and Door- thoughtful study and analysis and should be gainers at Alan Greenspan’s suggestion keeper, United States Senate, or (3) for the the result of a consensus reached by the ex- payment of stationery supplies purchased perts, not pressure exerted by politicians. that they change the CPI because they think that will be an easy fix to show through the Keeper of the Stationery, United Mr. DORGAN. Mr. President, today I States Senate, or (4) for payments to the a reduced deficit even though someone Postmaster, United States Senate, or (5) for join my colleagues Senator DODD and else—the elderly and the wage earn- the payment of metered charges on copying Senator HARKIN to submit a sense-of- ers—will pay the price. equipment provided by the Office of the Ser- the-Senate resolution opposing any Because the Speaker indicated he geant at Arms and Doorkeeper, United precipitous change in the way the would mandate the Bureau of Labor States Senate, or (6) for the payment of Sen- Consumer Price Index [CPI] is cal- ate Recording and Photographic Services. Statistics to make this change in 30 culated that is based on politics rather days or he would ‘‘zero them out of the SEC. 5. There are authorized such sums as than sound economic analysis. may be necessary for agency contributions budget’’ the three of us will propose related to the compensation of employees of The discussion in recent days by the today a sense-of-the-Senate amend- the committee from March 1, 1995, through Speaker of the House and some others ment to the mandates bill now on the February 28, 1996, and March 1, 1996, through about the calculation of the Consumer floor expressing the sense of the Senate February 28, 1997, to be paid from the Appro- Price Index reaffirms the understand- that changes in the CPI should be a re- priations account for ‘‘Expenses of Inquiries ing that just because a person is and Investigations.’’ sult of consensus reached by experts; thoughtless doesn’t mean they can’t not pressure exerted by politicians. f also be reckless. f SENATE RESOLUTION 63—REL- The precipitous call for a change in the Consumer Price Index by the ATIVE TO THE CONSUMER PRICE SENATE RESOLUTION 64—ORIGI- INDEX Speaker and others shows again how attracted they are to gimmicks and il- NAL RESOLUTION REPORTED AU- Mr. DORGAN (for himself, Mr. DODD, lusions to prop up the house of cards THORIZING EXPENDITURES BY and Mr. HARKIN) submitted the follow- they call an economic strategy. THE COMMITTEE ON VETERANS’ ing resolution, which was referred to This latest suggestion that they dub AFFAIRS the Committee on Banking, Housing, as technical is one that would cut So- Mr. SIMPSON, from the Committee and Urban Affairs: cial Security COLA’s for America’s el- on Veterans’ Affairs, reported the fol- S. RES. 63 derly and increase taxes for most of lowing original resolution; which was Whereas the Board of Governors of the America’s taxpayers—all of this under referred to the Committee on Rules Federal Reserve System has maintained that something that they would describe as and Administration: the current Consumer Price Index overstates a technical change. S. RES. 64 the rate of inflation by as much as 50 per- Let’s review what’s been said about cent; Resolved, That in carrying out its powers, Whereas other expert opinions on the accu- this. Recently, Chairman Alan Green- duties, and functions under the Standing racy of the Consumer Price Index range from span of the Federal Reserve Board tes- Rules of the Senate, in accordance with its those indicating a modest overstatement of tified before Congress and said that in jurisdiction under rule XXV of such rules, in- the rate of inflation to those indicating the his judgment the CPI calculation over- cluding holding hearings, reporting such possibility of an understatement of the rate states the CPI by 0.5 to 1.5 percent. hearings, and making investigations as au- of inflation; I will leave aside, for the moment, thorized by paragraphs 1 and 8 of rule XXVI Whereas several leaders in the Congress the question that begs to be answered. of the Standing Rules of the Senate, the have called for an immediate change in the What on earth are Alan Greenspan and Committee on Veterans’ Affairs is author- way in which the Consumer Price Index is ized from March 1, 1995, through February 29, calculated; his buddies at the Fed doing raising in- 1996, and March 1, 1996, through February 28, Whereas changing the Consumer Price terest rates six times if they think the 1997, in its discretion (1) to make expendi- Index in the manner recommended by the real rate of inflation is only 1.2 to 1.7 tures from the contingent fund of the Sen- Board of Governors of the Federal Reserve percent. ate, (2) to employ personnel, and (3) with the System would result in both a reduction in As to the question about the calcula- prior consent of the Government department Social Security benefits and an increase in tion of the CPI, the studies that have or agency concerned and the Committee on income taxes; been done—and there have been sev- Rules and Administration, to use on a reim- Whereas the Board of Governors of the eral—stem mostly from research done bursable or nonreimbursable basis the serv- Federal Reserve System estimates that a 1- ices of personnel of any such department or percentage point reduction in the Consumer by the Bureau of Labor Statistics that agency. Price Index, effected today, would generate calculates the CPI. The Fed study SEC. 2. (a) The expenses of the committee $150,000,000,000 in revenue over the next 5 shows it overstates inflation by one- for the period March 1, 1995, through Feb- years, including $55,000,000,000 generated dur- half to 11⁄2 percent. The Congressional ruary 29, 1996, under this resolution shall not ing the year 2000 alone; Budget Office thinks it overstates in- exceed $1,036,481, of which not to exceed Whereas the Board of Governors of the flation by two-tenths of 1 percent to $3,000 may be expended for the training of Federal Reserve System estimates that, of eight-tenths of 1 percent. And there are the professional staff of such committee the $55,000,000,000 in revenue estimated to be others in the academic community (under procedures specified by section 202(j) generated during the year 2000, $27,500,000,000 of the Legislative Reorganization Act of would result from a reduction in Social Se- that think it may actually understate 1946). curity benefits and $21,400,000,000 would re- inflation. (b) For the period March 1, 1996, through sult from an increase in personal income This weekend, when asked about February 28, 1997, expenses of the committee taxes, which would primarily impact fami- Greenspan’s comments, the Speaker of under this resolution shall not exceed lies with children; the House said that he would give the $1,060,341, of which not to exceed $3,000 may Whereas the Bureau of Labor Statistics, Bureau of Labor Statistics people ‘‘30 be expended for the training of the profes- which has responsibility for the Consumer days to get it right’’ or he would fire sional staff of such committee (under proce- Price Index, is working to identify and cor- them and give the job to the Fed. And dures specified by section 202(j) of the Legis- rect problems with the way in which the lative Reorganization Act of 1946). ICK RMEY Consumer Price Index is currently cal- D A , the House majority lead- SEC. 3. The committee shall report its find- culated; and er, said he wants to change the CPI im- ings, together with such recommendation for Whereas calculation of the Consumer Price mediately. Of course the motive for legislation as it deems advisable, to the Sen- Index should be based on sound economic both is that if they can use a gimmick ate at the earliest practicable date, but not S 1126 CONGRESSIONAL RECORD — SENATE January 18, 1995 later than February 29, 1996, and February Rules and Administration be author- In the 1850s, a dream led pioneers West in 28, 1997, respectively. ized to meet during the session of the wagon trains across a desolate prairie and SEC. 4. Expenses of the committee under Senate on Wednesday, January 18, 1995, over frozen mountains. this resolution shall be paid from the contin- at 9:30 a.m., to hold hearings on Senate These early pioneers risked their lives gent fund of the Senate upon vouchers ap- crossing the mighty Sierra, till one day they proved by the chairman of the committee, Committee Funding Resolutions. The crossed a ridge to find themselves gazing except that vouchers shall not be required committee will receive testimony from down from the heights upon a golden valley for (1) the disbursement of salaries of em- the chairmen and ranking members of that held the promise of California. ployees paid at the annual rate, or (2) the the following committees: Budget, En- Most of us are not the lineal descendents of payment of telecommunications provided by ergy, Finance, Agriculture, Aging, Ju- those pioneers. We came later. We came by the Office of the Sergeant at Arms and Door- diciary, Foreign Relations, Small Busi- ship from Asia and by station wagon from keeper, United States Senate, or (3) for the ness, and Intelligence. Ohio. We came during the Great Depression payment for stationery supplies purchased The PRESIDING OFFICER. Without from the Dust Bowl in pick-ups piled high through the Keeper of Stationery, United objection, it is so ordered. with our possessions. And we came by jet- States Senate, or (4) for payments to the liner last year, last month, and last week. Postmaster, United States Senate, or (5) for SELECT COMMITTEE ON INTELLIGENCE Today, we too stand on that same ridge, the payment of metered charges on copying Mr. LOTT. Mr. President, I ask unan- with a valley of promise spread before us, in- equipment provided by the Office of the Ser- imous consent that the Select Commit- viting us to partake of the good life. geant at Arms and Doorkeeper, United tee on Intelligence be authorized to But ours is a generation that cannot take States Senate, or (6) for the payment of Sen- meet during the session of the Senate for granted the good life, the historically ate Recording and Photographic Services. generous bounty of California, unless we are SEC. 5. There are authorized such sums as on Wednesday, January 18, 1995, at 2 p.m. to hold a closed hearing on Intel- prepared to make dramatic change. may be necessary for agency contributions We must act, and act quickly, because we related to the compensation of employees of ligence matters. live in a time of great and accelerating the committee from March 1, 1995, through The PRESIDING OFFICER. Without change; because we live in a shrinking and February 29, 1996, and March 1, 1996, through objection, it is so ordered. more competitive global marketplace; and February 28, 1997, to be paid from the appro- f because, as we rush toward the 21st century, priations account for ‘‘Expenses of Inquiries we are at a crossroads and must choose what and Investigations.’’ ADDITIONAL STATEMENTS kind of California we will have. f We must choose whether California will be the Golden State—or a welfare state. It can’t NOTICE OF HEARING GOV. PETE WILSON’S INAUGURAL be both. COMMITTEE ON AGRICULTURE, NUTRITION, AND ADDRESS On that, my fellow citizens, there can be FORESTRY no question. Mr. WARNER. Mr. President, our Mr. LUGAR. Mr. President, I would ∑ We must be wise enough, tough-minded former colleague, California’s Governor and honest enough to repeal programs that like to announce that the Senate Com- Pete Wilson delivered a powerful ad- fail their stated noble purpose and fail ex- mittee on Agriculture, Nutrition, and dress on the occasion of his second in- pensively, incurring fiscal and human costs Forestry will hold a hearing on the re- augural on January 7, 1995. that are unaffordable. authorization of the Commodity Fu- Appropriately titled ‘‘Forging Ameri- The people agree. They are out of patience tures Trading Commission. The hear- with misfired good intentions that defy sense ca’s Future,’’ Governor Wilson’s ad- ing will be held on Thursday, January or fairness. dress urges a recommitment ‘‘to that 26, 1995, at 9:30 a.m. in SR–332. They ask: Is it fair that the welfare system miracle we call democracy.’’ For further information, please con- taxes working people who can’t afford chil- Mr. President, Governor Wilson’s elo- dren and pays people who don’t work for hav- tact Chuck Conner at 224–0005. quent speech is timely and pertinent ing more children? f for all Americans. I commend it to my They ask: Why should federal law reward illegal immigrants for violating the law and AUTHORITY FOR COMMITTEES TO colleagues’ attention. The address follows: punish California taxpayers and needy legal MEET residents? CALIFORNIA: FORGING AMERICA’S FUTURE COMMITTEE ON THE JUDICIARY They ask: Why have schools that reward Mr. LOTT. Mr. President, I ask unan- This is a day of renewal. Today, we recom- poor teachers for promoting—even graduat- mit ourselves to that miracle we call democ- ing—students who can’t adequately speak imous consent that the Committee on racy, and to the spirit and promise we call and write English? the Judiciary be authorized to hold a California. And they ask: Why do our laws put dan- business meeting during the session of That spirit and promise burn brightest not gerous criminals back on our street, and put the Senate on Wednesday, January 18, here in the Capitol, but in the hearts and us behind barred windows and locked doors? 1995, to consider Senate Joint Resolu- minds of California’s people—in our factories The last refuge of those who call these tion 1 and Senate Joint Resolution 19. and on our farms, in our factories and on our questions unfair is to assert their compas- The PRESIDING OFFICER. Without farms, in our churches and our temples, in sion, and to deny ours. objection, it is so ordered. our classrooms and around our kitchen ta- The ultimate compassion is to build an bles. economy that works, one that grows and pro- COMMITTEE ON LABOR AND HUMAN RESOURCES This morning’s ceremony is a celebration, vides the jobs working Californians need to Mr. LOTT. Mr. President, I ask unan- and also a vindication: a vindication not of feed their families, build their homes and imous consent that the Committee on an individual or political party, but of a re- pay their taxes. Labor and Human Resources be author- silient and sturdy people blessed with cour- To produce that economy and all the work ized to meet for an executive session, age and character. Though tested and tem- our people need, we must lift the burdens during the session of the Senate on pered in the forge of adversity, they came that government has placed on risk-takers, through the fire, their faith intact, clinging on the people who create California’s jobs. If Wednesday, January 18, 1995, at 9:30 tenaciously to the promise of California. we over-tax and over-regulate, if our workers a.m. When the earth shook and the hills burned, are not well-educated and our streets are not The PRESIDING OFFICER. Without when rivers overflowed and riots scarred our safe, we will drive these job-creators to other objection, it is so ordered. cities, when drought seared the earth and fis- states. COMMITTEE ON LABOR AND HUMAN RESOURCES cal crises tested our confidence in govern- California can’t afford to do that. If we do, Mr. LOTT. Mr. President, I ask unan- ment itself, a lesser people would have just we will deserve to lose the talent, the entre- given up. preneurial drive, the energy and innovation imous consent that the Committee on But not Californians. That’s not the Cali- that make California all that it is. Labor and Human Resources be author- fornia Way. So we will not put up with bad schools, or ized to meet for a hearing on Oversight When confronted with the worst, we re- violence on our streets, or regulations that of Job Corps, during the session of the spond with our best. impose costs greater than their benefits, or Senate on Wednesday, January 18, 1995, That is the California Way. taxes that dwarf those levied by our neigh- at 10 a.m. Californians have always answered adver- bors. The PRESIDING OFFICER. Without sity with bold thoughts and challenged con- We must free our people, and release their objection, it is so ordered. vention with fresh ideas. They have always creative energy. dared to dream. By lifting from them the restraints, regu- COMMITTEE ON RULES AND ADMINISTRATION The poet Carl Sandburg wrote, ‘‘The Re- lations, and burdens that government has Mr. LOTT. Mr. President, I ask unan- public is a dream. Nothing happens unless imposed, we free them to seize opportunity imous consent that the Committee on first a dream.’’ and create more. January 18, 1995 CONGRESSIONAL RECORD — SENATE S 1127 And they will. standardized tests that measure individual ity, embracing change, while still clinging to And all of California will succeed. student performance. the unchanging values of faith and family, of So, we will deliberately shrink government We must raise our standards high enough individual effort and personal responsibility to expand opportunity. to challenge our children to meet the com- without which no republic can long endure. We will demand that all citizens meet the petition they will all too soon encounter in Our role, our responsibility, is to assure test of common decency, respecting the the international marketplace. The stand- that California chooses greatness, to guaran- rights of others, and we will demand that ards we enforce must be high and clear, not tee those seeking opportunity that we will those who can, pull their own weight and imprecise and politically correct. provide it, and that we can and will take the meet the test of personal responsibility. And if our kids have not learned what they steps required to do so. We will make clear that welfare is to be a must know to compete in this increasingly This, then, is the California Way: seeing safety net, not a hammock—and absolutely demanding job market, we must not do them possibilities where others see only problems, not a permanent way of life. the serious disservice of pretending that forging a new future of opportunity from the We will correct our laws to make clear they have. flames of adversity. Where others suffer that bringing a child into the world is an Social promotion is the worst form of false change, or patiently await it, California will awesome personal responsibility for both the kindness. We must not promote them. invent the future—and export it. mother and the father. If they can’t do arithmetic, don’t under- In a time of grave peril Abraham Lincoln The costs are simply too high for society stand rudimentary science, and especially if declared: ‘‘The occasion is piled high with to continue tolerating the promiscuity and they cannot read, write and speak English, difficulty, and we must rise with the occa- irresponsibility that have produced genera- our children won’t be hired, much less pro- sion.’’ tions of unwed teen mothers. moted. Time and again, America has seen Califor- It is monstrously unfair to the children; to Much is written and spoken about the im- nia rise with the occasion and triumph over their sad, ill-equipped teen mothers; and cer- portance of self-esteem to a child’s success. peril. Through every difficulty, California tainly to working taxpayers, who must sup- Self-esteem is important. But it cannot be has offered a dream to be realized. We will port them at a cost to their own children. conferred. It must be earned by performance, make real again the dream of a republic We will insist that those who receive pub- by meeting standards, and by having been where work is respected and rewarded, where lic assistance earn it. We will give them help honestly tested and honestly judged to have every right is balanced by responsibility, and support to escape from dependency to met or exceeded clear, high standards. where freedom thrives and opportunity burns the independence and self-respect of work. Anything less is not honest, and not fair. It bright. We want them to see in the eyes of their is deception, and cannot be the basis for suc- We choose to be victors, not victims. children that special look of respect and cess. Not for a school child, not even for a We are, after all Californians. pride that only working parents can know. nation-state that boasts the world’s seventh California’s favorite son, Ronald Reagan, We will not tolerate the selfishness of largest economy. has for all his life embodied that special un- ‘‘dead-beat dads’’ who casually father a child We must reward effort and achievement. bridled optimism that is at the heart of the and walk away from their responsibility. We must honor those who work hard, who California dream. He is again teaching us Their child is their obligation, not the tax- meet life’s test playing by the rules; who re- new lessons about courage, candor and dig- payer’s. spect themselves and the rights of others; nity. If they lack the basic decency to send love who honor their obligations as parents and In his moving letter to the American peo- to their child, they must at least send citizens; who raise their children to obey the ple, President Reagan wrote: money. If they don’t, we will track them law. ‘‘For America, there will always be a down and dock their pay for child support. And just as we demand that citizens meet bright dawn ahead.’’ We will demand accountability and per- these standards of decency and responsibil- My friends, let us vow that we will keep sonal responsibility. Now the teen predator ity, we must demand at least as much from faith with Ronald Reagan’s vision for Amer- who does violence to his victim will be pros- government—in Sacramento and in Washing- ica. ecuted not as a juvenile, but as an adult. ton. Let us assure him and our children that we But as I said four years ago—how much California will not submit its destiny to will make California that shining city on the better it is to prevent crime than to punish faceless federal bureaucrats or even Congres- hill, where America’s bright dawn is always it. sional barons. breaking.∑ That kind of prevention is fundamentally a We declare to Washington that California f father’s responsibility. Too often the father- is a proud and sovereign state, not a colony less child of a teen mother becomes a teen of the federal government. BUTTE AND MICRON TECHNOLOGY predator, and the trigger man for his gang. We will set our own course. We are paying for too many prisons be- We will return both dollars and decisions ∑ Mr. BAUCUS. Mr. President, I would cause absent fathers have failed to take re- to Californians who are working hard this like to express my support for two sponsibility to socialize and civilize their very day to build a better future. amendments adopted unanimously by children. That must change. We will perform radical surgery to undo the senate on Friday, January 13, For those who become so brutalized that two decades of mischief, which, though 1995—the Dorgan modified amendment they can’t respect themselves or the rights wrought with good intentions, have imposed of others, prison must be the answer to vio- an intolerable burden on our people. No. 1 and the Kempthorne amendment lence. We will break the bonds of restraint which No. 19. Due to an issue of great impor- The fundamental right of every Californian government has placed on those strong tance to my home State of Montana, is not to become a crime victim, and it is the enough to create opportunity, and break the and the possible creation of thousands first responsibility of government to safe- chains of dependency on those addicted to of jobs, I felt it was more important for guard that right. government’s largesse. me to be home during Friday’s Senate We will do so. Those who commit violent We will make these changes and empower session, and therefore was not able to crimes will pay heavily for their brutality. Californians. be present during the votes. But we must at the same time work to We will meet the challenge of building the alter the behavior of parents who default on first society to embrace every culture, every Although it is very rare for me to their responsibility as parents. When we suc- language, every ethnic group on the planet. miss a vote, on Friday, January 13, ceed, we can build more laboratories and li- We will not allow ourselves to be divided 1995, I traveled home to attend a task braries—and fewer prisons. into divergent interests who simply rub up force meeting in Butte, organized with We must also change our schools. Some- against one another like the tectonic plates the aim of bringing one of the United thing’s wrong with our schools. Something of the San Andreas fault. States preeminent high tech compa- important and basic. We will meet the tests that lie ahead, as a nies, Micron Technology Inc., to Butte. Some are superb. Too many are not. De- people proud of our many pasts, who now Butte is on the finalist list for a new spite the dedication and skill of many teach- share a common future, a proud future. ers, the quality of our schools is erratic. And what makes our success all the more Micron semiconductor manufacturing Our schools must be safe: free of guns and critical is that a nation—indeed a world— facility, which would employ 3,000 to drugs and free of kids who bring them. challenged by constant change looks to us 4,000 Montanans. The city of Butte We must insist on order and discipline in for new lessons in democratic renewal. asked that I be part of this important the classroom, or teaching and learning can- America has always asked a special role task force meeting. not occur. from California: to seek out the American Butte and Micron are a match made Recognizing the enormous importance and future by trying new ideas, rejecting what in heaven. There is no community in the influence of good teaching in a child’s doesn’t work, and building on what does. the United States where I have seen a life, we must recognize and reward excel- The historian Kevin Starr wrote, ‘‘Califor- lence, and removed from the classroom those nia [is] the prism through which America higher level of work ethic, loyalty and teachers whose performance is inadequate. glimpses its unfolding identity.’’ community spirit than in Butte. The Children must learn the basics. And we The California Way has always been to possibility of a major semiconductor must be assured that they have learned by shape the future with courage and creativ- manufacturing company locating in S 1128 CONGRESSIONAL RECORD — SENATE January 18, 1995 Montana—particularly one which has On a rainy Saturday afternoon in De- that there then be a period for the based its success on the western ideals cember, the Britons met the Washing- transaction of morning business, not to of hard work and thinking big—has en- ton and Jefferson Presidents in the 22d extend beyond the hour of 11 a.m., with ergized the community of Butte and annual Amos Alonzo Stagg Bowl in Senators permitted to speak therein my State of Montana. We are all doing Salem, VA. Coming into the game, the for not more than 5 minutes each, with everything possible to convince Micron Presidents had the Nation’s top-ranked the exception of the following Sen- that its new manufacturing plant could defense in Division III. The Britons, ators: have no better home anywhere in the winners of six consecutive Michigan Senator COHEN for 10 minutes; Sen- United States.∑ Intercollegiate Athletic Association ti- ator ASHCROFT for 15 minutes; Senator tles, rose to the occasion to win a 38–15 f GRASSLEY for 10 minutes; Senator victory. The victory capped an impres- NUNN for 10 minutes; Senator BREAUX A MILESTONE FOR THE C–17 sive drive through four playoff games for 15 minutes; Senator LIEBERMAN for which included victories over three 10 minutes; Senator PRYOR for 10 min- ∑ Mr. BOND. Mr. President, the State former national champions. utes; Senator BIDEN for 15 minutes; and of Missouri is very proud of the enor- At one point, the Britons scored 31 mous contribution more than 2,000 of Senator DORGAN for 15 minutes. unanswered points. The aggressive I further ask that at 11 a.m., the Sen- its aerospace workers have made in Albion defense and special teams producing the C–17 Globemaster III at ate resume consideration of S. 1, the forced three turnovers and returned an unfunded mandates bill, and that there the McDonnell Douglas Corp. plant in interception for a touchdown. Tailback St. Louis. Yesterday, Gen. Robert then be 30 minutes of debate, equally Jeff Robinson rushed for 166 yards on divided between Senators KEMPTHORNE Rutherford, Air Mobility Command the soggy field and scored three touch- Commander, declared the initial oper- and BYRD; and that at the hour of 11:30 downs. a.m., the Senate then proceed to vote ational capability of the first C–17 The Albion players and coaches have squadron at Charleston Air Force Base, on the Levin amendment regarding fea- faced many challenges this year as sibility. SC. The C–17’s capability to airlift in they went to an undefeated 13–0 record. excess of 160,000 pounds strategic dis- I finally ask unanimous consent that They overcame them by pulling to- immediately following the conclusion tances and land on runways as short as gether as a team and playing their 3,000 feet is now available for everyday of the Levin amendment, the Senate hearts out. I admire their spirit and ap- proceed to the cloture vote on S. 1; and operations anywhere in the world. I am plaud them for giving it their all in very proud that the skilled aerospace that the mandatory quorum under rule every game. XXII be waived. workers in Missouri had a part in this I want to extend my warmest con- significant achievement. But, more so, The PRESIDING OFFICER. Without gratulations to each of the players, objection, it is so ordered. I am encouraged that we are seeing the coaches, parents, and supporters of this f achievement of another major step in championship team as well as to Presi- the plan toward building a fleet of 120 dent Melvin Vulgamore and the entire RECESS UNTIL TOMORROW AT 9 critically needed C–17’s. Albion College community. A.M. As the centerpiece of America’s abil- Mr. President, the people of Michigan Mr. LOTT. Mr. President, observing ity to respond in a crisis quickly with are proud of the Albion College Brit- no other Senator wishing to be recog- the right military force or humani- ons. They have shown character and nized to speak, I move that the Senate tarian aid, the C–17 will take this Na- determination. They were winners long now recess under the previously agreed tion well into the 21st century as the before the final score of the football to order. most capable and flexible airlifter ever game was known.∑ to take flight. The declaration of ini- The motion was agreed to, and at 9:17 f tial operational capability of the C–17 p.m., the Senate recessed until Thurs- is a milestone we can all be proud of.∑ ORDERS FOR TOMORROW day, January 19, 1995, at 9 a.m. f Mr. LOTT. Mr. President, I ask unan- f imous consent that when the Senate NOMINATIONS THE ALBION COLLEGE FOOTBALL completes its business today, it stand CHAMPIONS in recess until the hour of 9 a.m. on Executive nominations received by ∑ Mr. LEVIN. Mr. President, I want to Thursday, January 19, 1995; that follow- the Senate January 18, 1995: recognize and congratulate the Albion ing the prayer, the Journal of proceed- U.S. POSTAL SERVICE College Britons football team, the 1994 ings be deemed approved to date and S. DAVID FINEMAN, OF PENNSYLVANIA, TO BE A GOV- NCAA Division III National Cham- the time for the two leaders be re- ERNOR OF THE U.S. POSTAL SERVICE FOR THE TERM EX- PIRING DECEMBER 8, 2003, VICE NORMA PACE, TERM EX- pions. served for their use later in the day; PIRED. January 18, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 115 EXTENSIONS OF REMARKS

THE RIGHT TO KEEP AND BEAR Whereas the Framers of the second amend- markets in the world. Our stock and bond mar- ARMS—AN AMERICAN LEGACY ment to the Constitution and those who rati- kets have expanded tremendously over the fied the second amendment intended that the last several years. This has helped to finance individual retain the right to keep and bear HON. PHILIP M. CRANE arms in order to protect life, liberty, and the birth and growth of promising new indus- OF ILLINOIS property and to protect our Nation from tries such as telecommunications, computer IN THE HOUSE OF REPRESENTATIVES those who would attempt to destroy our free- software, and other high technology compa- dom: Now, therefore, be it nies that create better jobs and promote eco- Wednesday, January 18, 1995 Resolved by the House of Representatives (the nomic growth. Mr. CRANE. Mr. Speaker, continuing a tra- Senate concurring), That it is the sense of the One of the most critical factors supporting dition begun in the 98th Congress, I have Congress that the Constitution provides that the successful growth of America's market- all individual citizens have the right to keep once again reintroduced legislation which reaf- and bear arms, which right supersedes the based capital formation system is the high firms the commitment of this body to protect power and authority of any government. level of trust and confidence investors have in the second amendment to the Constitution. f the fundamental integrity and fairness of our The Founding Fathers recognized the right securities markets. Our Federal securities laws of men to defend themselves, and guaranteed CONGRATULATIONS TO THORN- help assure stock or bond prices efficiently re- Americans that this right would be preserved DALE HIGH SCHOOL STATE flect the values of the companies that have is- by the second amendment. At the time of our FOOTBALL CHAMPIONS sued them. This is achieved through a system Nation's founding, guaranteeing this right was of full disclosure of all material information an idea foreign to the monarchies that ruled HON. CHET EDWARDS about public companies, which empowers most of the world. James Madison noted this OF TEXAS Americans so that they can make informed in- when he wrote that the right to keep and bear IN THE HOUSE OF REPRESENTATIVES vestment decisions about which company's arms was an advantage ``which Americans stocks or bonds they want to purchase. But Wednesday, January 18, 1995 possess over the people of almost every other disclosure cannot effectively serve the needs nation.'' Mr. EDWARDS. Mr. Speaker, today, I would of the investing public unless backed up by During the 103d Congress, we witnessed an like to recognize a group of individuals, a strong enforcement mechanisms that assure assault on the right of law-abiding Americans team, whose strive for sportsmanship and fair- that those who lie, cheat, and steal will be to own firearms. Both the Brady bill and the ness in scholastic sports have made them caught and punished. ban on certain semiautomatic guns were ill- champions, not only in their game, but in their Over the last decade, we have witnessed conceived legislative attempts at crime control. daily lives as well. horrendous financial frauds involving hundreds Actually, both had the effect of usurping the I extend my sincere congratulations to the of billions of dollarsÐincluding Lincoln Savings rights of Americans while doing little to help Thorndale High School Bulldogs of Thorndale, & Loan, Drexel, Centrust, Phar-Mor, Mini- crime in America. TX, who captured the 1994 Class 1A State scribe, and ZZZ Best. The rogues gallery of fi- Gun control laws have never worked to re- Championship on December 17, 1994 before nancial miscreants and malfeasors that were duce crime in America. Washington, DC has an overflow crowd of more that 12,000 at responsible for these crimes were brought to some of the most restrictive gun control laws Wildcat Stadium in Temple, TX. Defeating the justice through the combined efforts of Federal in America, yet leads the Nation in per capita Crawford High School Pirates, another school regulators and individual investors who filed murders. My own State of Illinois has some from my congressional district, the Bulldogs private lawsuits. Such private lawsuits perform very tough standards before its citizens can le- took their first State championship since 1989. functions that Federal bureaucrats cannot ac- gally possess firearms, yet since those laws This achievement could not have been pos- complish. They provide compensation to in- went into effect, the crime and murder rates sible if not for the support of the student body vestors who have been defrauded and they have dramatically increased. and parents of Thorndale. This victory also, if supplement the SEC's enforcement activities I find it necessary, therefore, to remind my not more so, comes through the dedication of by helping to deter companies that may be colleagues that our Nation's crime problems coach Don Cowan and his staff. They, too, contemplating actions that would mislead their cannot be solved by infringing upon the rights must be congratulated for the role they took in investors. of peaceful Americans to own arms. Further- shaping the lives of these winners, winners The securities litigation provisions of the more, because of the recent congressional as- who by accepting this victory also accept a re- GOP Contract With America would give white saults on this right, we must demonstrate to sponsibility to be victorious throughout their collar criminals, stock swindlers, and financial Americans that we are resolved to protecting lives and give back to their communities. con artists a license to rip-off the investing I urge my colleagues to join me today in this right by supporting my resolution to reaf- public. Make no mistake about it: H.R. 10, the firm the second amendment and the right of recognizing and honoring the players, coach- so-called ``Common Sense Legal Reform Act,'' individuals to keep and bear arms. I include, es, students, and parents of Thornadale, TX. is special interest legislation at its worst. While for the RECORD, the language of the resolution f it purports to take aim against abuses by attor- and commend it to the attention of my col- neys, in reality the principal beneficiaries of leagues with the hope that they will consider INTRODUCTION OF PRIVATE SECU- this legislation will be huge corporations, becoming a cosponsor. RITIES LITIGATION REFORM ACT OF 1995 wealthy Wall Street investment bankers, big H. CON. RES. 5 six accounting firms, and well-heeled cor- Expressing the sense of the Congress with porate lawyers. Who will lose out? The de- respect to the right of all Americans to keep HON. EDWARD J. MARKEY frauded investors, pension funds, and State and bear arms in defense of life or liberty OF MASSACHUSETTS and local governments who are victimized by and in the pursuit of all other legitimate en- IN THE HOUSE OF REPRESENTATIVES deavors. financial fraud, and every business in America Whereas the second amendment to the Wednesday, January 18, 1995 which can't get capital to build because a Constitution of the United States conveys an Mr. MARKEY. Mr. Speaker, today I am in- competitor is cheating the system. inalienable right to all American citizens, troducing legislation which would reform secu- Individual investors will face nearly insur- such right occupying the same preferred po- rities fraud litigation in order to curb frivolous mountable new procedural and substantive sition as all other constitutional rights; obstacles in bringing their cases to court. Pro- Whereas unconscionable abridgements of lawsuits while protecting and strengthening the the second amendment have been under- ability of defrauded investors to sue. posals such as adoption of the English rule on taken over the years by State and local gov- I believe that Americans can be justifiably fee shifting, establishment of heightened intent ernmental bodies, and have been allowed by proud of the substantial benefits we enjoy requirements that would eliminate reckless- the courts to stand uncorrected; and from the fact that we have the best securities ness as a cause of action in securities fraud

∑ 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 116 CONGRESSIONAL RECORD — Extensions of Remarks January 18, 1995 cases, enhanced pleading requirements, elimi- burden the overwhelming majority of compa- ter's wife Elinor, daughters Judy and Jane, nation of cases based on a fraud on the mar- nies who are seeking in good faith to play by and son Walter, Jr. in congratulating Walter F. ket, and other proposed changes would effec- the rules and comply with the law. Bergman on his award. tively end securities class action litigation in f f this country. This would deprive potentially de- frauded investors from being able to seek re- CONGRATULATIONS TO WALTER F. IN HONOR OF COMMISSIONER JO- covery of their lost savings. ‘‘BUS’’ BERGMAN SEPH MARINI OF UNION CITY Unlike the Republican bill, the legislation I WHO RECENTLY RETIRED AS AS- am introducing today would target the real HON. SCOTT McINNIS SISTANT SUPERINTENDENT OF problems and abuses that can occur in the ex- OF COLORADO SCHOOLS IN UNION CITY isting litigation process without impairing the IN THE HOUSE OF REPRESENTATIVES ability of defrauded investors to sue wealthy Wednesday, January 18, 1995 HON. ROBERT MENENDEZ corporations, and the accountants or attorneys Mr. MCINNIS. Mr. Speaker, I rise today to OF NEW JERSEY who knowingly or recklessly assisted them in congratulate Walter Bergman on being named perpetrating financial frauds. My bill contains IN THE HOUSE OF REPRESENTATIVES to the Colorado Sports Hall of Fame. I can reforms which would: Wednesday, January 18, 1995 think of nobody more deserving of such an Ban or restrict a range of abusive practices honor as Walter Bergman. I would like to Mr. MENENDEZ. Mr. Speaker, I rise today engaged in by plaintiffs' or defendants' attor- share with my colleagues Mr. Bergman's nu- to pay tribute to Joseph Marini, commissioner neys; merous accomplishments which have enabled of public affairs in Union City, NJ. Commis- Streamline the securities litigation process him to join that elite group of athletes in the sioner Marini has not only served the people by providing for an early evaluation process Colorado Sports Hall of Fame. of Union City through his position in the local aimed at weeding out frivolous cases; Walter Bergman was born on June 11, government, but has been actively involved in Require the SEC to issue new rules to 1920, in Denver, CO. It was in Denver that its educational system. After many successful strengthen the safe harbor provisions provided Walter's stellar athletic career began to blos- years as an educator, Commissioner Marini for companies to issue forward-looking state- som while attending Denver's North High retired from his current position as assistant ments; School. While at North High School, Walter superintendent of schools in Union City last Limit the potential financial risk faced by de- obtained what would become a long list of ath- month. fendants in securities fraud litigation cases by letic accomplishments. They include being Commissioner Marini began his distin- providing defendants with a right to obtain named all-city in basketball, all-State in bas- guished career in education in 1955, when he contribution from their codefendants based on ketball, and all-city in football. Walter was also was hired as a math and science teacher in proportionate responsibility; Union City. He served his students well in this Assure that the interests of plaintiffs' attor- instrumental in clinching North's only State neys are more closely aligned with the inter- Basketball Championship by making the win- capacity until 1966. From 1966 until 1982, he ests of their clients by mandating at fees be ning basket. was employed as principal of Roosevelt calculated on the percentage of lost funds re- After high school, Bergman entered Colo- School. During these years, he initiated a bilin- covered, rather than on how many billable rado A&M on an athletic scholarship. He grad- gual education program even before the State hours the lawyers have generated; uated 4 years later with a bachelor of science mandated it. As principal of Emerson High Overturn the Supreme Court's Central Bank degree and 10 varsity letters: 3 in football, 3 School from 1984±85, Commissioner Marini of Denver decision by fully restoring liability to in basketball, and 4 in baseball. In addition to was instrumental in helping the school achieve those who knowingly or reckless aid or abet varsity athletics, Walter was sophomore class middle States accreditation. securities fraud; president, on student council for 4 years, stu- When it comes to making a difference in Overturn the Supreme Court's Lampf deci- dent body president, captain of the football young peoples' lives, Commissioner Marini's sion by establishing a statute of limitations for team, member Sigma Phi Epsilon Fraternity, dedication does not end with his work within securities fraud cases of 5 years after occur- and Who's Who in American Colleges and the schools. He became involved in extra- rence or 3 years after the violation was actu- Universities. curricular activities, taking the time to get to ally discovered; Recruited by the Philadelphia Eagles, know the students on a more personal basis. Strengthen the role of auditors in detecting Bergman chose to serve his country instead. From 1961±62, Commissioner Marini was the and reporting evidence of financial fraud; and In 1942 Bergman joined the Marines and head coach of the Union Hill High School bas- finally; and spent the next 4 years involved in several Ma- ketball team. From 1973±74, he was the direc- Mandate an SEC study on the effectiveness rine operations in the Pacific, and received the tor of the Union City Recreation Program. of private enforcement of compliance with the Bronze Star along the way. From 1975±79, he was the supervisor of the Federal securities laws. Upon completing his military service and an- Union City After School Daycare Program. This package of reforms represents a bal- other stint at C.S.U. for his masters, Bergman Commissioner Marini is a member of the anced alternative to the special interest smor- moved to Durango, CO. At Durango, Bergman Union City and the New Jersey education as- gasbord set forth in H.R. 10. Over the next coached baseball and football at my alma sociations. He also sits on the Union City Pub- days and weeks, I intend to seek cosponsors mater, Fort Lewis College. Three years later, lic Library Board. In addition, as a member of to my bill and I fully expect to offer this legisla- in 1950, he left Fort Lewis College for Mesa the New Jersey Urban School Superintendent tion, or amendments derived from it, to H.R. State College to coach football and baseball. Committee, he is active in lobbying for full 10 when it is marked up in our subcommittee. During Mr. Bergman's 30-year coaching ca- funding for education. While the specifics of this bill may undergo reer at Mesa State College, he won 3 college Commissioner Marini grew up in Union City further refinement during the course of discus- conference championships in football and 20 and raised his family there. He knows the sions with my House colleagues, and some conference championships in baseball, finish- needs of the youngsters in the city and has additional or related provisions may be intro- ing second 3 times in the JUCO World Series. done an excellent job of serving those needs. duced later, the fundamental principles of fair- Walter Bergman's greatest contribution to I am sure the residents of Union City very ness to investors that this bill imbodies will not Colorado is not only his athletic achievements, much appreciate the contributions he has be altered. but his impact on the kids he coached. From made to the city. In conclusion, I am proud, as a Democrat, Coach Bergman you learned discipline, devo- Providing quality education to our students to have supported the evolution of a market tion, education, and professionalismÐall the has been Commissioner Marini's goal through- system that provides investors with the right to qualities needed to be a successful part of our out his career. He has dedicated himself to obtain full disclosure of critical investment in- community and country. creating a brighter future for our city's young- formation. I believe that investors who are de- During his life, Mr. Bergman has been an sters. He realizes that investing in the young frauded by false or misleading financial state- outstanding citizen whose dedication and pro- people of today means investing in our future. ments, or inflated puffery about a corporation's ficiency has allowed him to earn this pres- He knows that the more help these young earnings, products or prospects, or the value tigious award. people receive, the brighter the future of our of its securities, should have a right to sue for It is work such as Walter Bergman's that in- country will be. Commissioner Joseph Marini recovery. The bill I am introducing today would spires us all to achieve the best we can, and is truly an outstanding citizen. I commend him preserve that right, while eliminating certain to promote these qualities in others. Mr. for his many positive accomplishments. Please abusive or problematic practices that unduly Speaker, I ask our colleagues to join me, Wal- join me in thanking him for his work and in January 18, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 117 wishing him a very happy, healthy and pros- He also has also served as chairman of the LETTER BY HAROLD S. STEIN, JR. perous retirement. Catholic Foundation and the Diocese of Tuc- f son Building Committee. Mr. Ronstadt has been a key player in bringing baseball spring HON. ANNA G. ESHOO HONORING AMERICA’S CATHOLIC training to Tucson and more recently was in- OF CALIFORNIA SCHOOLS strumental in drawing the U.S. National Senior Olympics to Tucson in 1997. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, Jim Ronstadt is an exceptional HON. CHARLES E. SCHUMER Wednesday, January 18, 1995 OF NEW YORK person whom I am honored to recognize. His IN THE HOUSE OF REPRESENTATIVES distinguished contributions to society serve as Ms. ESHOO. Mr. Speaker, I rise today to in- sert the following insightful letter written by Mr. Wednesday, January 18, 1995 an example to the citizens of Arizona and are to be commended. Again, I would like to send Harold S. Stein, Jr., into the CONGRESSIONAL Mr. SCHUMER. Mr. Speaker, on February my sincerest congratulations to Mr. Ronstadt RECORD. In my view, his words are instructive, 1, 1995, America will celebrate National Ap- for this deserved award. timely and bear a timeliness to them as well. preciation Day for Catholic Schools. It is cer- f DECEMBER 27, 1994. tainly appropriate that we acknowledge the in- Hon. ANNA ESHOO, stitutions that are preparing our young people M.C. DONALD KINGSTON RETIRES House of Representatives, for fulfilling lives of service, dedication, and AFTER 31 YEARS OF NAVAL RE- Washington, DC. DEAR CONGRESSWOMAN ESHOO: Our anger achievement. SERVE SERVICE Over the years, this Nation's Catholic must not outpace our love. As desperate as schools have educated thousands of students. these times may be, as fraught with fear our HON. GERALD B.H. SOLOMON expectations, there is much that we can do They have given each child a value-added to set things right. My concern is that in the education this inspires him or her to grow in- OF NEW YORK process, through passion’s flame, we violate tellectually and become a person of integrity. IN THE HOUSE OF REPRESENTATIVES the very principles we strive to serve. All students, regardless of race, creed, color, Wednesday, January 18, 1995 I suspect that these sentiments influenced or gender are given the opportunity to suc- the patriots who declared our independence, ceed and become contributors to the commu- Mr. SOLOMON. Mr. Speaker, those of us drafted our constitution, struggled to main- nity. who have served in the military know that the tain the sovereignty and unity of the repub- This year's theme is ``Catholic Schools: noncommissioned officer is the backbone of lic, and labored to give birth to and make our armed forces. They're the ones who make viable the United Nations as a harbinger of Schools You Can Believe In.'' Students not world peace and order. In each era, in each only develop reasoning and problem-solving everything work. instance of great social need, there has al- skills they learn to confront the problems of One of them, a particularly outstanding non- ways been the probability that the pendulum their communities and their Nation. Taking an commissioned officer, is retiring after 31 years of change would sweep to its opposite mo- active role in their communities gives these of service in the Naval Reserve, and he will be ment; that the dynamics of overturning one students self-confidence and the satisfaction honored at a ceremony this Sunday, January act of usurpation would lead to an opposite of helping others. It is testimony to the strong 22. I'd like to say a few words about him extreme, no less a tyranny. educations that young people receive at today. Today, Americans are an angry people, His name is M.C. Illustrator Donald D. filled with frustration bordering on pure Catholic schools, that so many of these stu- fury. It is evident in the streets and in the dents have gone on to careers of public serv- Kingston of Clifton Park. He is one of the peo- voting booth. It is voiced in our radio and ice and leadership. ple I like to call a quiet American hero, Mr. television talk shows and printed in the Op- I know my colleagues in the House of Rep- Speaker, because that's what Master Chief Eds. It fuels our movies, propels our music, resentatives will join me in wishing this Na- Kingston is. He has served this country with and truncates our language into a handful of tion's Catholic schools many more years of energy and conscientious dedication, setting vicious epithets and slogans. It has caused us success. It is clear that the educators at these an example for his shipmates. to resort to placing ill-fitting and simplistic schools understand the value in investing in Subordinates, peers, and superiors alike labels on each other not to describe but rath- have known Master Chief Kingston to be a er mark who should be the targets of our our country's most precious resource, our chil- next assault; surely a self-defeating strategy dren. combination of strong leadership and tact who destined to fail as a solution and demean and f always promoted the high morale and spirit of make ignoble our ambitions. teamwork necessary for the completion of the In short, our internecine wars between eth- TUCSON’S MAN OF THE YEAR service's varied missions. nic groups, political parties, social tiers, As command master chief, he has been re- races, religions, and sexes has blinded us to HON. ED PASTOR sponsible for counseling, training, and setting the fact that we are citizens of one great na- tion, obligated to solve the grand alchemy of OF ARIZONA standards of order and disciple for more than 500 enlisted reserve and active duty person- working together for a life of quality. We IN THE HOUSE OF REPRESENTATIVES have taken the first steps by being dissatis- nel. Wednesday, January 18, 1995 fied with our present condition: our behavior His assignments have included the Naval toward each other and our environment is Mr. PASTOR. Mr. Speaker, I would like to Imagining Center and the Naval Intelligence suspect. That is good. But in our rejection of take this opportunity to congratulate Jim Command here in Washington, DC, the NR the status quo and our demand for change, Ronstadt who was chosen Tucson's Man of Weapon Station Earle 402 in Colts Neck, NJ, we must now pause and recognize that the the Year for 1994. This award, given by the and the NR NCSO Uruguay 402. In the course ‘‘ins’’ and ‘‘outs’’, the ‘‘haves’’ and ‘‘have- Tucson's Metropolitan Chamber of Commerce, of those assignments, he has received numer- nots’’, and the ‘‘pros’’ and ‘‘cons’’ are all recognizes outstanding individuals who have ous awards and citations, both for his tech- from the same family. This is what is meant by healing. It is not selflessly helped others through personal sac- nical mastery and for service in the finest tra- giving in to bad social habits or maintaining rifice. dition of the U.S. Navy. failing systems and faulty priorities. It is As a Tucson native, Mr. Ronstadt has truly We will certainly miss Master Chief Kings- rather making the changes with circumspec- dedicated his life to improving the quality of ton, Mr. Speaker, but we are reassured by the tion and sensitivity, recognizing and being the lives of those around him. In addition to fact that his value to his country included train- alert to corrective moves that, like that pen- serving as Pima County's parks and recreation ing younger men and women to take his dulum, may swing too far to a new excess. director since 1978, Mr. Ronstadt has spent a place. For that, and for everything else this Let us make 1995 a year in which we make substantial amount of his personal time vol- great patriot has done for his country, I ask all a positive move towards achieving a quality of life for ourselves and our children. Let us unteering in the community. A few of his ac- members to join with me in paying our own with wisdom build a more noble world with tivities have included serving as president of tribute. To M.C. Donald Kingston, let us ex- an enthusiasm and energy born of love and the Rotary Club, the downtown active 20±30 press our appreciation for a job well done and not anger or hate. club, and the St. Mary's centurions board, who best wishes for many enjoyable retirement Sincerely yours, recently made him an honorary life member. years. HAROLD S. STEIN, JR. E 118 CONGRESSIONAL RECORD — Extensions of Remarks January 18, 1995 AFFORDABLE LEGAL SERVICES timing and possible procedures for initiating In my view, USTA should work with Canada negotiations for beneficiary countries to ac- and Mexico to ensure that CBI countries can HON. JOHN JOSEPH MOAKLEY cede to NAFTA. be early partners with NAFTA members in the OF MASSACHUSETTS Finally, as a way to encourage the adminis- upcoming negotiations aimed at establishing the Free-Trade Agreement of the Americas IN THE HOUSE OF REPRESENTATIVES tration to give a high priority to expanding trade with the Caribbean, the bill requires an- [FTAA], announced at the recent Summit of Wednesday, January 18, 1995 nual reports to Congress which: One, assess Americas meeting in Miami. Mr. MOAKLEY. Mr. Speaker, today I intro- progress toward economic development and As followup to the Summit of the Americas, duced legislation to reinstate the limited tax market oriented reforms in the Caribbean, the administration will be working to negotiate exclusion for employer provided group legal and; two, analyze beneficiary countries with the accession of Chile to NAFTA this year. I services. respect to their ability to undertake the trade believe it is equally important to work out a This measure would reinstore section 120 of obligations of NAFTA. consensus with countries in the Caribbean re- the Internal Revenue Code, under which many First proposed by the Reagan administration garding a procedure for expanding NAFTA middle-class Americans could afford legal in 1982 and passed by the Congress in 1983, which will include them. The Ways and Means services. If enacted, this bill would encourage the Caribbean Basin Initiative [CBI] program is Committee plans to consult closely with the employers to provide preventive and afford- based on the understanding that the United administration in the coming weeks to achieve able legal services to their employees by ex- States has a special responsibility to help the this goal. cluding their $70 per year in contributions to a small, poorer economies which are our neigh- Having been considered during approval of qualified legal services plan. bors in the hemisphere. Because of the Carib- the NAFTA and Uruguay round implementing Since section 120 was first enacted in 1976, bean's close proximity to the United States, bills, NAFTA parity legislation represents un- both employers and employees have benefited Congress agreed, on a bipartisan basis, that it finished business from the 103d Congress. It is my intention to seek swift approval of this from it. It helped employees, who were able to was in the best interest of the United States bill by the Trade Subcommittee as soon the resolve their legal problems quickly and avoid to encourage the development of strong Contract With America schedule will permit. costly legal bills. It also helped businesses be- democratic governments and healthy econo- cause employees were not distracted from mies in these countries, through the expansion f work because of personal legal difficulties. of trade. The provision has proved to be so successful CONGRATULATIONS TO Made permanent in 1990, the Caribbean that Congress extended it seven times before GOLDTHWAITE HIGH SCHOOL Basin Initiative extends duty-free treatment to it expired in 1992. STATE FOOTBALL CHAMPIONS a wide-range of products imported from bene- I believe it is imperative to support this leg- ficiary countries. The program has served as islation which promotes family unity by encour- a text-book example of the job-creating effects HON. CHET EDWARDS aging people to seek legal help while they still of promoting increased trade. As a result of OF TEXAS have some options. The goal of this bill is to the CBI, thousands of new jobs were created IN THE HOUSE OF REPRESENTATIVES help those middle-class Americans who don't in the Caribbean. Even more remarkable was have access to quality and affordable legal Wednesday, January 18, 1995 the increase in U.S. exports to the region dur- representation. Mr. EDWARDS. Mr. Speaker, today, I would I respectfully request your support of this ing the life of the CBI program. They grew like to recognize a group of individuals, a bill. from $5.8 billion in 1983 to $12.3 billion in team, whose strive for sportsmanship and fair- 1993. This represents a 112 percent increase, f ness in scholastic sports have made them a rate three times the growth rate of U.S. ex- champions, not only in their game, but in their PERSONAL EXPLANATION ports to the world. daily lives as well. The legislation I am introducing today would I extend my sincere congratulations to the HON. ESTEBAN EDWARD TORRES ensure that the value of the U.S. commitment Goldthwaite High School Eagles of to the Caribbean contained in the CBI is not Goldthwaite, TX, who captured the 1994 Class OF CALIFORNIA eroded over time. An unfortunate result of the IN THE HOUSE OF REPRESENTATIVES 2A State Championship on December 17, passage of the NAFTA, enacted in 1993, is 1994 at Memorial Stadium in Austin. Exacting Wednesday, January 18, 1995 that some investment is being diverted from revenge on the team that defeated them for Mr. TORRES. Mr. Speaker, I was unavoid- the Caribbean to Mexico. the 1992 State title, the Eagles defeated the ably absent on official business on Tuesday, This bill is designed to remedy the negative Schulenburg High School Shorthorns, 20±16, January 17, 1995, for rollcall vote No. 190. effects of NAFTA on the Caribbean by putting taking their second consecutive State cham- Had I been present on the House floor I would these countries on a clearer path toward even- pionship and third in less than 10 years. have cast my vote as follows: tually assuming the reciprocal trade obliga- This achievement could not have been pos- Roll No. 190: ``Yea'' on the motion to sus- tions of NAFTA. For that to take place, the sible if not for the support of the student body pend the rules and pass S.2., the Congres- USTR must meet regularly in ministerial meet- and parents of Goldthwaite. This victory also, sional Accountability Act, to make certain laws ings with these countries in order to analyze if not more so, comes through the dedication applicable to the legislative branch of the Fed- and assess how they can best reform their of coach Gary Proffitt and his staff. They, too, eral Government. economies in preparation for NAFTA member- must be congratulated for the role they took in f ship. For some of the poorest countries, espe- shaping the lives of these winners, winners cially those in the Eastern Caribbean, this will who by accepting this victory also accept a re- CARIBBEAN BASIN ECONOMIC require strong leadership from the United sponsibility to be victorious throughout their SECURITY ACT States, and longer transition periods during lives and give back to their communities. which NAFTA obligations can be phased in. I urge my colleagues to join me today in HON. PHILIP M. CRANE I am aware that the administration and pos- recognizing and honoring the players, coach- OF ILLINOIS sibly some U.S. industries will have concerns es, students, and parents of Goldthwaite, TX. regarding the unilateral nature of the trade IN THE HOUSE OF REPRESENTATIVES f benefits in this bill. To them I would empha- Wednesday, January 18, 1995 size that the unilateral benefit in my bill is for INTRODUCTION OF PRIVATE SECU- Mr. CRANE. Mr. Speaker, today I am intro- a temporary period of 6 years so as to give RITIES LITIGATION REFORM ACT ducing the Caribbean Basin Economic Secu- these small economies time to develop and to OF 1995 rity Act. This bill would grant tariff treatment undertake structural reforms. equivalent to that accorded to members of the I believe it is important that we start with the HON. EDWARD J. MARKEY North American Free-Trade Agreement goal of achieving full NAFTA accession for OF MASSACHUSETTS [NAFTA], to Caribbean Basin beneficiary CBI countries, because the standards of IN THE HOUSE OF REPRESENTATIVES countries, for a 6-year period, pending their NAFTA, I believe, represent clear guide posts accession to NAFTA. for charting trade expansion in the Western Wednesday, January 18, 1995 This bill would also direct the USTR to meet Hemisphere. My bill would allow for the nego- Mr. MARKEY. Mr. Speaker, today I am in- on a regular basis with trade ministers of tiation of separate bilateral free-trade agree- troducing legislation which would reform secu- countries in the Caribbean to discuss the likely ments, if necessary. rities fraud litigation in order to curb frivolous January 18, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 119 lawsuits while protecting and strengthening the based on a fraud on the market, and other nies who are seeking in good faith to play by ability of defrauded investors to sue. proposed changes would effectively end secu- the rules and comply with the law. I believe that Americans can be justifiably rities class action litigation in this country. This f proud of the substantial benefits we enjoy would deprive potentially defrauded investors from the fact that we have the best securities from being able to seek recovery of their lost PERSONAL EXPLANATION markets in the world. Our stock and bond mar- savings. kets have expanded tremendously over the Unlike the Republican bill, the legislation I HON. SCOTT McINNIS last several years. This has helped to finance am introducing today would target the real OF COLORADO the birth and growth of promising new indus- problems and abuses that can occur in the ex- IN THE HOUSE OF REPRESENTATIVES tries such as telecommunications, computer isting litigation process without impairing the software, and other high technology compa- ability of defrauded investors to sue wealthy Wednesday, January 18, 1995 nies that create better jobs and promote eco- corporations, and the accountants or attorneys Mr. MCINNIS. Mr. Speaker, due to travel nomic growth. who knowingly or recklessly assisted them in delays, I was not present to vote for S. 2. As One of the most critical factors supporting perpetrating financial frauds. My bill contains a cosponsor of the Congressional Accountabil- the successful growth of America's market- reforms which would: ity Act in this session, as well as the 103d, I based capital formation system is the high Ban or restrict a range of abusive practices would have clearly voted in support of this leg- level of trust and confidence investors have in engaged in by plaintiffs' or defendants' attor- islation, as I did with H.R. 1, on January 5, the fundamental integrity and fairness of our neys; 1995. securities markets. Our Federal securities laws Streamline the securities litigation process f help assure stock or bond prices efficiently re- by providing for an early evaluation process flect the values of the companies that have is- aimed at weeding out frivolous cases; IN HONOR OF MONO SEN, DISTIN- sued them. This is achieved through a system Require the SEC to issue new rules to GUISHED INDIAN COMMUNITY of full disclosure of all material information strengthen the safe harbor provided for com- LEADER about public companies, which empowers panies to issue forward-looking statements; Americans so that they can make informed in- Limit the potential financial risk faced by de- vestment decisions about which company's HON. ROBERT MENENDEZ fendants in securities fraud litigation cases by stocks or bonds they want to purchase. But OF NEW JERSEY providing defendants with a right to obtain disclosure cannot effectively serve the needs IN THE HOUSE OF REPRESENTATIVES contribution from their codefendants based on of the investing public unless backed up by proportionate responsibility; Wednesday, January 18, 1995 strong enforcement mechanisms that assure Assure that the interests of plaintiffs' attor- Mr. MENENDEZ. Mr. Speaker, I rise today that those who lie, cheat, and steal will be neys are more closely aligned with the inter- to pay tribute to Mono Sen, an Indian commu- caught and punished. ests of their clients by mandating that fees be nity leader. Mr. Sen has made many positive Over the last decade, we have witnessed calculated on the percentage of lost funds re- contributions to the Indian community in the horrendous financial frauds involving hundreds 13th Congressional District. He has dedicated of billions of dollarsÐincluding Lincoln Savings covered, rather than on how many billable & Loan, Drexel, Centrust, Phar-Mor, hours the lawyers have generated; himself to helping others, no matter how dif- Miniscribe, and ZZZ Best. The ``rogues gal- Overturn the Supreme Court's Central Bank ficult the task. He has spent his entire career lery'' of financial miscreants and malfeasors of Denver decision by fully restoring liability to creating opportunities for hundreds of people that were responsible for these crimes were those who knowingly or recklessly aid or abet of all races, creeds and ethnicities. brought to justice through the combined efforts securities fraud; Mr. Sen came to the United States in 1971 of Federal regulators and individual investors Overturn the Supreme Court's Lampf deci- and lived in New York until June of 1974. who filed private lawsuits. Such private law- sion by establishing a statute of limitations for While living in New York, he dedicated himself suits perform functions that Federal bureau- securities fraud cases of 5 years after occur- to helping senior citizens. He served as the crats cannot accomplish. They provide com- rence or 3 years after the violation was actu- management consultant at the William Hudson pensation to investors who have been de- ally discovered; Center in the South Bronx and as director of frauded and they supplement the SEC's en- Strengthen the role of auditors in detecting Caring Community Center in New York, which forcement activities by helping to deter compa- and reporting evidence of financial fraud; and provided quality services mostly to the Jewish nies that may be contemplating actions that finally, and Italian communities. would mislead their investors. Mandate an SEC study on the effectiveness Mr. Sen has provided jobs for many Indian The securities litigation provisions of the of private enforcement of compliance with the E.S.L. teachers in Jersey City and is respon- GOP Contract With America would give white federal securities laws. sible for the hiring of many Indians as income collar criminals, stock swindlers, and financial This package of reforms represents a bal- maintenance technicians in the Hudson Coun- con artists a license to rip-off the investing anced alternative to the special interest smor- ty Welfare Department. In 1977, Mr. Sen public. Make no mistake about it: H.R. 10, the gasbord set forth in H.R. 10. Over the next fought for Federal money to help Vietnamese so-called Common Sense Legal Reform Act, few days and weeks, I intend to seek cospon- refugees resettle in Hudson County. Mr. Sen is special interest legislation at its worst. While sors to my bill and I fully expect to offer this is a community leader in the best sense of the it purports to take aim against abuses by attor- legislation, or amendments derived from it, to word. People come to him with their problems, neys, in reality the principal beneficiaries of H.R. 10 when it is marked up in our sub- whether they are financial or personal, and Mr. this legislation will be huge corporations, committee. While the specifics of this bill may Sen tries to help them with their problems. wealthy Wall Street investment bankers, Big undergo further refinement during the course Mr. Sen has expressed great interest in Six Accounting firms, and well-heeled cor- of discussions with my House colleagues, and uniting the Asian-American community. He porate lawyers. Who will lose out? The de- some additional or related provisions may be founded the United Ethnic Congress in Amer- frauded investors, pension funds, and State introduced later, the fundamental principles of ica in 1980. The purpose of this organization and local governments who are victimized by fairness to investors that this bill embodies will was to promote the election and appointments financial fraud, and every honest business in not be altered. of Asians to the U.S. Government, so that America which can't get capital to build be- In conclusion, I am proud, as a Democrat, they could contribute politically. Mr. Sen also cause a competitor is checking the system. to have supported the evolution of a market joined the American Association and began Individual investorsÐsuch as those here system that provides investors with the right to generating interest among Indians in the com- today who have suffered financial losses as obtain full disclosure of critical investment in- munity in becoming involved in politics. In ad- the result of the Orange County bankruptcyÐ formation. I believe that investors who are de- dition, he was one of the main speakers of the will face nearly insurmountable new proce- frauded by false or misleading financial state- first Convention of Indians in New York. Also, dural and substantive obstacles in bringing ments, or inflated puffery about a corporation's in 1991, Mr. Sen spoke for almost 2 hours be- their cases to court. Proposals such as adop- earnings, products or prospects, or the value fore the U.S. Civil Rights Commission on po- tion of the English rule on fee shifting, estab- of its securities, should have a right to sue for lice abuses on behalf of 9 million Asian peo- lishment of heightened intent requirements recovery. The bill I am introducing today would ple. that would eliminate recklessness as a cause preserve that right, while eliminating certain Many people in the community depend on of action in securities fraud cases, enhanced abusive or problematic practices that unduly Mr. Sen for help in such matters as seeking pleading requirements, elimination of cases burden the overwhelming majority of compa- help from the city, county or State, as well as E 120 CONGRESSIONAL RECORD — Extensions of Remarks January 18, 1995 legal matters. Mr. Sen has also been gener- across the country, Mr. Bliss served as inadvertently detained on Tuesday, January ous enough to donate $30,000 worth of mate- northwestern's vice president for North Dakota 17, 1995, from voting on final passage of S. rials to the Hudson County Community Col- and Nebraska service areas. Mr. Bliss and his 2, the Congressional Accountability Act, due to lege and $3,000 worth of books to the Jersey family made Arizona their home in 1987 when bad weather and flights which were postponed City Public Library. he assumed his position as Arizona's vice as I attempted to return to Washington from A great many people depend on Mr. Sen's president for U.S. West Communications. South Dakota. Had I not been detained yester- abilities, as well as his kindness, generosity Through the years, Mr. Bliss has proven to day, I would have voted in favor of final pas- and goodwill. He makes no distinction in help- be an asset not only to U.S. West Commu- sage of the Congressional Accountability Act, ing people. He has worked very hard for many nications but to the State of Arizona. His ac- just as I did on January 5, 1995 when the years to help those in need, and has turned tivities have included serving on the Arizona House passed H.R. 1 by a vote of 429±0. no one away. He has never discriminated Joint Select Committee on Revenues and Ex- among Jews, Hindus, Christians, or Muslims. penditures and the Governor's Office of Em- f I would like to take this opportunity to thank ployment and Training Implementation Task Mono Sen for all of his hard work in the com- Force. In addition, Mr. Bliss has been recog- RETIREMENT OF AVON munity. I am truly proud to have such an ex- nized with awards such as the Anti-Defama- YARBOROUGH emplary man living in my district. A birthday tion League's Torch of Liberty Award and the celebration will be held in Mr. Sen's honor on Center City Champion Award. February 4, 1995, at public school No. 11. In retirement, Don will continue to reside in HON. ROBERT L. EHRLICH, JR. Arizona with his wife Roxanne and plans to Please join me in wish Mono Sen a happy OF MARYLAND 70th birthday. stay active in the community. Mr. Bliss will f serve as a leader on the 1996 Super Bowl IN THE HOUSE OF REPRESENTATIVES Committee and as an officer on the National RECOGNIZING THE ACCOMPLISH- Alzheimer's Association Board. Wednesday, January 18, 1995 MENTS OF THE BROOKLYN CHI- Although a native of Minnesota, I am Mr. EHRLICH. Mr. Speaker, I rise to pay NESE-AMERICAN ASSOCIATION pleased that Don has chosen Arizona as his tribute to a highly respected public servant home. His leadership will be missed at U.S. who has retired after 38 years of serving his HON. CHARLES E. SCHUMER West Communications, but we all look forward country in a number of capacities. Avon Yar- OF NEW YORK to his continued work in the community. borough most recently was the chief of per- IN THE HOUSE OF REPRESENTATIVES f sonnel security division, 497 Intelligence Wednesday, January 18, 1995 INTRODUCTION OF THE TEXAS Group at Bolling Air Force Base. Over the years, Avon Yarborough has re- Mr. SCHUMER. Mr. Speaker, I rise today to LOW-LEVEL RADIOACTIVE recognize the accomplishments of the Brook- WASTE DISPOSAL COMPACT CON- ceived numerous awards and commendations lyn Chinese-American Association [BCA]. I am SENT ACT for his significant contributions to the security especially pleased to honor this organization community. As chief of the personnel security at the grand opening of their community serv- HON. JACK FIELDS policy branch, Air Force security police in Al- ice center. OF TEXAS buquerque, NM, he authored regulations Over the past 7 years, President Paul Mak IN THE HOUSE OF REPRESENTATIVES which served as the official Air Force docu- has worked tirelessly to develop the BCA. Wednesday, January 18, 1995 ment for personnel security policy and proce- BCA can now proudly list the many important dures. Mr. FIELDS of Texas. Mr. Speaker, I am services it provides for members of the Brook- He also served as the Air Force liaison offi- pleased to introduce today a bill that will be lyn Chinese-American community; application cer where he represented the Air Force at the the final step in an agreement between the assistance for entitlements, cultural and rec- Defense Investigative Service and with other States of Texas, Maine, and Vermont for the reational activities, health-related workshops Federal agencies in investigating matters. His disposal of low-level radioactive waste. responsibilities have also included managing and excursions for senior citizens; counseling In the 1960's, the United States had six dis- the personnel security portion of the Air Force for at risk youths; career-oriented and aca- posal sites for low-level radioactive waste. By Presidential Support Program and the auto- demic-related workshops, youth leadership 1978, all but three of the sites had closed, and mated security clearance approval system. training and summer camps for youths; assist- the States with the remaining disposal sites ing crime victims. Staff and volunteers at BCA announced that they intended to close their fa- Avon Yarborough has displayed great skill should be proud of their achievements in mak- cilities. In response, in 1980, Congress passed and devotion all of his life. He began his ca- ing their community a richer, more vital place the Low-level Radioactive Waste Policy Act, reer when he entered active duty with the Air to live. making State governments responsible for the Force in 1956. His military assignments in- BCA recognized the needs of the commu- disposal of low-level radioactive waste gen- cluded tours of Vietnam, Germany, and Japan. nity, and decided to take action. They remind erated within their States. Because most Before he became affiliated with the Air Force us of the responsibility of every citizen to States simply continued to send their waste to adjudication operation in July 1977, he held make our communities and neighborhoods the three operating disposal sites, the act was positions as a civilian air technician with the better, safer places. For their work in commu- amended in 1985 to require States to open Maryland Air National Guard and security nity service, I salute the members of BCA. I their own disposal sites or enter into agree- manager for the National Guard Bureau and know that all my colleagues in the House of mentsÐcalled compactsÐto share facilities the Military Traffic Management Command, Representatives will join me in wishing them with other States by the end of 1992. where he very effectively managed multiple many years of success and growth. Mr. Speaker, the compact about which I security disciplines. f speak today was carefully negotiated by the Born in Louisburg, NC, Avon Yarborough Governors of each State and adopted by an FAREWELL TO DON BLISS and his family moved to Baltimore when he overwhelming majority of each State's legisla- was in his early teens. He grew up in Balti- ture. As a result, I urge my colleagues to join more and graduated from the University of HON. ED PASTOR me in support of the Texas Low-level Radio- Maryland in 1978. He holds a bachelor's de- OF ARIZONA active Waste Disposal Compact Consent Act. gree in sociology. IN THE HOUSE OF REPRESENTATIVES f Mr. Yarborough has three daughters, Antoi- Wednesday, January 18, 1995 PERSONAL EXPLANATION nette, Angela, and April and a stepson, Mi- Mr. PASTOR. Mr. Speaker, I would like to chael F. Jackson. take this opportunity to honor and recognize HON. TIM JOHNSON Mr. Speaker, please join me in recognizing Mr. Donald A. Bliss, who recently retired as Avon Yarborough as a great American who OF SOUTH DAKOTA the vice president, for U.S. West Communica- has served his community with skilled devo- IN THE HOUSE OF REPRESENTATIVES tions. tion for almost 39 years. Also please join me Mr. Bliss began his career with Northwest- Wednesday, January 18, 1995 in wishing he and his charming wife, Elaine, ern Bell in 1961 as a splicer's helper. Working Mr. JOHNSON of South Dakota. Mr. Speak- great happiness in this new phase of their his way through the ranks of the company and er. I rise today to inform the House that I was lives. January 18, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 121 SAN DIEGO CHARGERS tire career to one of the toughest and most dif- reau can do by failing to correct an error. I ficult jobs in our societyÐlaw enforcement. He know that Members of this House have experi- HON. RON PACKARD has devoted his life's work to the care and enced the frustration of an unresponsive credit OF CALIFORNIA protection of the people of our Dade County bureau firsthand or have heard the anger of community. their constituents. And, in an age where com- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, we are grateful to Sergeant puters talk to each other, companies are gain- Wednesday, January 18, 1995 Cuthbert for the countless families and individ- ing more and easier access to sensitive finan- Mr. PACKARD. Mr. Speaker, the people of uals who have benefited from his compassion cial information about consumers without the San Diego are supercharged. Coming back and untiring efforts. I want him to know of my consent or even the knowledge of consumers. from a 7-point halftime deficit, the Chargers deepest respect for what he has done for all Congress cannot stand idle as errors on steamrolled over the Pittsburgh Steelers. Not of us over these past 40 years, and above credit reports wreck peoples' lives. Congress even the persistent environmental disasters and beyond the call of duty. cannot turn a blind eye as companies and ma- back home could keep this team from hopping A grateful community says thank you for a chines transfer reams of financial and per- a plane to Miami. The Chargers are going to job well done. sonal information about consumers who re- their first Super Bowl in franchise history. f main in the dark. And yet the current Fair This year's Super Bowl will be a classic Credit Reporting Act does not go far enough northern California versus southern California EXPLANATORY STATEMENT to prevent such errors or such incursions into battle. Whatever the consequences might be, consumers' privacy from occurring. this underdog team has come back with a HON. LYNN C. WOOLSEY Congress has taken a good hard look at vengeance time after time. The people of San OF CALIFORNIA these problems. I and my colleagues on both Diego and their team are heading to Miami full IN THE HOUSE OF REPRESENTATIVES sides of the aisle, particularly Chairman of determination and pride. I pay tribute to Wednesday, January 18, 1995 LEACH, worked long and hard last year with representatives of consumer groups and the their commitment and cohesion as they Ms. WOOLSEY. Mr. Speaker, due to press- credit reporting industry to craft the very fair charge forward to the Super Bowl. ing business of responding to the floods in my and balanced bill that the House passed twice f district, I was unable to arrive in time to vote last year on a voice vote. The legislation I am on S. 2, the Congressional Accountability Act. TRIBUTE TO THE COLQUITT introducing today is virtually identical to last Had I been present, I would have voted ``aye,'' COUNTY PACKERS year's compromise bill. Let me emphasize that as I did during House consideration of this bill, the bill I am introducing does not contain my and I ask unanimous consent that my state- wish list for reformsÐit is a genuine com- HON. SAXBY CHAMBLISS ment be included in the RECORD. promise. And it is a product of earnest, good OF GEORGIA f IN THE HOUSE OF REPRESENTATIVES faith negotiation between Democrats and Re- CONSUMER REPORTING REFORM publicans and between industry and consumer Wednesday, January 18, 1995 ACT OF 1995 groups. Mr. CHAMBLISS. Mr. Speaker, I have come In sum, the bill requires that consumers be to the floor today to bring to this House's at- HON. HENRY B. GONZALEZ educated about their rights regarding their credit reports; it provides consumers with tention the tremendous achievements of my OF TEXAS hometown's football team, the Colquitt County cheaper access to their reports; it allows con- IN THE HOUSE OF REPRESENTATIVES Packers. On Saturday, December 17, this sumers to put a stop to some of the junk mail team defeated one of the strongest high Wednesday, January 18, 1995 that fills their mail boxes; it provides for school football teams in the country, the Val- Mr. GONZALEZ. Mr. Speaker, today I am prompt correction of errors in credit reports; dosta WildcatsÐalso from my districtÐto win introducing the Consumer Reporting Reform and it gives consumers a right of action the AAAA State Football Championship. Act of 1995, a bill to change the way the against businesses that neglect to correct er- As father of one of the players, I had the consumer reporting industry conducts busi- rors in the course of a reinvestigation. This bill opportunity to watch this group of fine young ness. Like its predecessors, this bill will lead also provides new opportunities for businesses men overcome great odds to go undefeated in to increased accuracy in credit reports and re- to prescreen consumers for credit and to their longest winning streak ever and to win sult in an industry that is both more respon- share information about consumers among af- their first State championship. sive to consumer complaints about errors and filiated companies. As many of you are aware, high school foot- more cognizant of the consumers' right to fi- Because of the need for reform, and the ball in south Georgia is not just a gameÐit's nancial privacy. overwhelming bipartisan consensus on this a way of life. Valdosta, also known as I have worked on legislation to overhaul the piece of legislation that was demonstrated re- Winnersville, USA, is the future home of the credit reporting system and credit bureaus for peatedly last year, the House should proceed High School Football Hall of Fame, and I am the past several Congresses. The 25-year-old expeditiously with consideration of this bill. proud to be a part of the tradition that makes law that governs this industry has simply failed The consumers of this country should not and up south Georgia football. to keep pace with the exploding technology in will not tolerate further delay. Mr. Speaker, I hope that you will all join me this area and the new issues it presents. f in congratulating the players, the coaches, the When the Fair Credit Reporting Act was en- cheerleaders, the bands, the fans, and every- acted, many credit bureaus were keeping TRIBUTE TO BILL ROSENDAHL one else who has helped make south Georgia manual records. Today, the big three credit football some of the best in the United States. bureaus each have 200 million computerized f files on American consumers. Nearly every HON. HOWARD L. BERMAN decision made about usÐwhether to approve OF CALIFORNIA TRIBUTE TO SGT. JAY CUTHBERT a loan, rent an apartment, insure property, or IN THE HOUSE OF REPRESENTATIVES offer a jobÐcould involve a credit report. The HON. CARRIE P. MEEK credit bureaus must get it right. But, with the Wednesday, January 18, 1995 OF FLORIDA enormous numbers of files and information Mr. BERMAN. Mr. Speaker, I am honored to IN THE HOUSE OF REPRESENTATIVES amassed by the credit bureaus on American pay tribute to Bill Rosendahl, senior vice presi- consumers, the implications for errors and in- dent of Century Cable Television, whose com- Wednesday, January 18, 1995 vasions of privacy are staggering. mitment to public affairs and political program- Mrs. MEEK of Florida. Mr. Speaker, after 40 The issues that plagued consumers when ming is unsurpassed. Since 1987 Bill has years of dedicated service on the Metro-Dade Congress first began looking anew into this been host of ``Week in Review,'' a talk show Police Department, Sgt. Jay Cuthbert has re- area in the 1980's have not been resolved by that brings together journalists, politicians and tired. I speak for our entire Dade County com- the mere passage of time. I am sure my col- consultants for an often fascinating discussion munity in expressing our deepest gratitude for leagues recognize the anguish consumers feel of the issues. There is nothing like it on any his exemplary work over four decades of faith- when a computer wrongly labels them dead- television station in southern California. ful and courageous service. beats and shows up on their credit reports. In Along with his duties on ``Week in Review,'' By any standard, Sergeant Cuthbert is a re- Vermont, this happened to an entire town. And Bill spends much of his time interviewing politi- markable public servant. he dedicated his en- imagine the enduring damage that a credit bu- cians and, during election season, candidates, E 122 CONGRESSIONAL RECORD — Extensions of Remarks January 18, 1995 including those from minor parties or those this country. The overwhelming passage of Mr. Speaker, I am proud of the enhanced running for obscure offices. No political re- proposition 187 sends a clear message to relationship which is now unfolding before us. porter in the print or broadcast media in Los those who write the laws governing life in this This is due in no small part to the creativity Angeles is as thorough and fair as Bill. In an Nation thatÐon this issueÐthe people have and determination of American businesses to age when it is fashionable to be cynical and had enough and they want something done. expand their exports to new, fertile markets. dismissive about politics, Bill is truly a breath Illegal immigration is perhaps the only situa- We should also acknowledge, and pay tribute of fresh air. tion I know of where those who openly and to, the Indo-American community which has He brings impeccable credentials to his knowingly break the law not only escape pun- taken a particularly keen interest in promoting work. Prior to his arrival at Century Cable, Bill ishment, they are in fact rewarded beyond economic ties between our nations. This com- was director of corporate affairs for Westing- their wildest dreams. Until we combine tough- munity deserves recognition and thanks for house Broadcasting and Cable. He was also a er border enforcement with the elimination of helping to forge lasting economic ties that will White House appointee to the State Depart- benefits awarded those who enter this country strengthen mutual friendship between our ment, and has participated in many Presi- illegally, we will never be able to end the drain countries in the months and years ahead. dential, gubernatorial, and senatorial cam- on public resources and to protect opportuni- paigns. ties for those legal immigrants who seek to [From the Wall Street Journal, Jan. 12, 1995] This year Bill was named by the Los Ange- make a life here and to capture their share of INDIA IS ELBOWING INTO CHINA’S LIMELIGHT: les Chapter of the Society of Professional the American dream. FOREIGN INVESTORS TAKING NOTE OF ECO- Journalists as the winner of its 1994 Freedom Mr. Speaker, illegal immigration is a com- NOMIC REVIVAL of Information Award, which honors plex and divisive issue and I recognize that no (By Urban C. Lehner) nonjournalists who helped promote first single legislative package could ever fully ad- BANGALORE, INDIA.—K. Gopalkrishnan was amendment issues. With his dedication to air- dress its many facets and implications. I hope, braced for the worst when Motorola Inc. ing all points of view and for extensive cov- however, that the bills I introduce today will transferred him from his native Singapore to erage of topics ranging from AIDS to the war provide a foundation for an appropriate Fed- a new pager factory in this southern Indian in Bosnia, Bill Rosendahl is the perfect choice. eral response to this crisis. city. Although of Indian descent himself, the I ask my colleagues to join me today in sa- As the head of a congressional task force 35-year-old executive had heard horror sto- luting Bill Rosendahl, who has shown that in on immigration that you created, I look forward ries about India’s bureaucrats and workers. the right hands, television can be a marvelous to working with all of my colleagues on this His first nine months in Bangalore have source of news and information about politics issue and particularly with my good friend been a pleasant surprise. Clearing a new as- sembly line through Indian customs was a and government. He brings honor to his pro- Representative LAMAR SMITH, chairman of the breeze, he says; the whole process, from fession. Immigration and Claims Subcommittee of the packing the line in Singapore to producing f House Judiciary Committee. the first pager in Bangalore, took only eight The time has come for national immigration days. Indeed, the entire factory was set up in INTRODUCTION OF LEGISLATION reform. We in the 104th Congress owe it to just five months, and it’s already operating CONCERNING ILLEGAL IMMIGRA- those who put us here to recognize this and as efficiently as the Singapore plant. ‘‘Con- TION to take appropriate action, instead of continu- trary to what you hear outside the country, ing to ignore a crisis that threatens to under- Indians can be among the most efficient peo- HON. ELTON GALLEGLY ple in the world, if properly guided,’’ Mr. mine the very foundation of the society we Gopalkrishnan says. OF CALIFORNIA have worked so hard over so many years to But not the most efficient people, at least IN THE HOUSE OF REPRESENTATIVES create. not yet. Motorola’s older, larger factory in Wednesday, January 18, 1995 f Tianjin, China, ‘‘has produced some bench- mark results that everybody else [within Mr. GALLEGLY. Mr. Speaker, I have today INDIA AND THE UNITED STATES: Motorola] is battling’’ to match, Mr. reintroduced legislation aimed at addressing a A GROWING ECONOMIC PART- Gopalkrishnan says. ‘‘We hope to be in those problem that most Americans now recognize NERSHIP shoes soon.’’ as a pressing threat to our way of life and the continued success of our Nation. That problem HIGH HOPES HON. GARY L. ACKERMAN Thanks in part to foreign-investment suc- is illegal immigration and I hope that the pack- OF NEW YORK age of reforms I propose willÐonce and for cess stories like Motorola’s, many Indians IN THE HOUSE OF REPRESENTATIVES hope their economy can soon be in China’s allÐhelp establish firm control over our bor- Wednesday, January 18, 1995 shoes, too. It’s a tribute to how far India has ders and make it much more difficult for those come that they even dare express the hope. who enter our country illegally to benefit by Mr. ACKERMAN. Mr. Speaker, today I rise For, until very recently, China was breaking the law. to speak about the flourishing economic rela- everybody’s nominee for most-likely-to-be- Illegal immigration was first recognized as a tionship that is unfolding between the United come-an-economic-superpower. India was a drain on public funds and a detriment to public States and India. Just a few years ago, hardly chronic underperformer that seemed unable welfare in the border States where it has been anyone spoke of the tremendous opportunity to get its act together. most prevalent over the years. In recent years, for developing strong economic ties between But India’s three-year-old reform program has started to bear fruit just as foreign in- though, more and more Americans from a our countries. Today, for a number of impor- vestors have begun to take a more sober much wider geographic area have come to un- tant reasons, we are witnessing dramatic view of China. As a result, many Indians are derstand the overwhelming burden placed change in this domain. We are engaged in an starting to take their country seriously as a upon law-abiding taxpayers by those who economic relationship with India that is rival to China. ‘‘Sooner or later, India’s in- enter this country illegally. strengthening the ties between our countries. herent advantage will assert itself,’’ says For years, citizens in border States have de- Just last week, several major American pa- Manmohan Singh, India’s finance minister manded a Federal response to this problem pers published excellent articles on the state and the author of the reforms. and, for years, the Federal Government has of United States±India trade. Each of them de- Judged on fundamentals, the competition between India and China is still no contest. turned a deaf ear to the plight of those legal scribes in detail how the liberalization of the China’s economy is growing twice as fast. residents asked to house, school, treat, and Indian economy, initiated by Prime Minister China’s savings and literacy rates are more feed those with no legal right to be here. The Rao, has created fertile ground for American than half again higher. Foreign debt and response has been so dismal, in fact, that businesses to interact with their Indian coun- government red ink drag down China’s econ- over the past year some border States have terparts abroad, creating new jobs at home omy far less than India’s. actually sued the Federal Government in while servicing a huge untapped market over- hopes of retrieving some of the billions of dol- seas. WHO’S THE FAIREST? lars spent attending to the needs of illegal im- I am inserting into the RECORD today an arti- India China migrants. cle from the Wall Street Journal of January 12, Savings rate 1 ...... 24.2% 35.8% But the apex of the public outcry against il- 1995, which I commend to my colleagues. Ti- ’95 Debt-service ratio 2 ...... 29.2% 13.0% legal immigration, I believe, was reached this tled, ``India Is Elbowing Into China's Limelight: Avg. GDP growth: 1988–93 ...... 5.3% 8.9% past November, when nearly 60 percent of Foreign investors Taking Note of Economic 1995–2000 2 ...... 6.0% 7.8% California voters supported a statewide initia- Revival,'' this article highlights the opportuni- Population (millions) ...... 846.3 1.172.0 tive aimed at eliminating the benefits awarded ties for building American business and creat- ‘‘Economic Freedom’’ ranking (1=most free) ...... 86 87 to those who break the law when they enter ing new American jobs. 1 1993 for India, 1992 for China. January 18, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 123 2 Projection. listings. The 120-year-old Bombay Stock Ex- COLONIA PLUMBING LOAN Sources: Asian Development Bank, Credit Lyon- change, on the other hand, in 1994 had almost nais Securities, Heritage Foundation. PROGRAM 4,450 listed companies, more than any other Yet in the competition for foreign inves- tors, India is starting to make China share exchange in Asia. The people who run many HON. RONALD D. COLEMAN the limelight. Foreigners lapped up $4.6 bil- of these companies have far more in common lion of new Indian equity-linked paper last with many global executives than do their OF TEXAS year but only $2.7 billion in new Chinese Chinese counterparts. In everything from IN THE HOUSE OF REPRESENTATIVES shares, according to the Bombay Stock Ex- their attitude toward profitability to their Wednesday, January 18, 1995 change and Credit Lyonnais Securities (Asia) understanding of how a contract dispute Ltd. should be solved, they are far easier to work Mr. COLEMAN. Mr. Speaker, today I intro- India has also been attracting new interest with, many foreign firms find. duced two measures which will address a from foreign companies. A Daewoo Co. joint India’s Western-style legal system was one problem which has been forgotten and ignored venture in India plans to make 100,000 cars a of the things that attracted U S West Inc. to for far too long. The lack of drinking water and year starting this year; the South Korean India, says Boli Medappa, who’s in charge of wastewater treatment facilities in the South- company has yet to win permission to make developing the telephone company’s business western United States, in communities known cars in China, though it is undertaking a in the country. U S West, a Baby Bell that major auto-part project there. Kellogg Co. as colonias, has caused environmental deg- operates telephone systems in 14 U.S. states, radation and has had a detrimental impact on recently started producing cornflakes north spent five months in 1990 researching busi- public health. Colonias are communities in the of Bombay; the U.S. breakfast-cereal com- ness opportunities in 11 Asian countries. In pany won’t open a plant in China until the the end India ranked first on its list, Ms. southwestern region of the United States middle of this year. Levi Strauss & Co., Medappa says. China ranked 11th. along the United States-Mexico border which working hand-in-hand with Indian sub- The ranking was done mainly on criteria are generally unincorporated and character- contractors, will begin selling jeans in India such as political stability and market access, ized by a lack of running water, sewage treat- within months; the San Francisco-based con- ment facilities, and safe, sanitary housing. cern has been phasing out clothing purchases but Ms. Medappa also gives India the nod on from subcontractors in China because of less tangible factors, such as the widespread Rather than go into an extensive history of human-rights concerns. use of English, a long-functioning demo- the causes of the problem, I would just say to cratic government, an Anglo-Saxon legal U.S. ROAD TRIP my colleagues that the residents of these system and a sense of shared values with the communities thought that in buying a piece of More corporate investments are coming. West. U.S. Commerce Secretary Ron Brown heads land upon which they could build a home they India also gets a boost from the enthusias- to India this week with 25 American chief ex- were earning a piece of the American dream. tic cheerleading of ‘‘nonresident Indians’’ ecutives who are expected to sign several bil- Sadly, the dream has yet to come true for lion dollars in deals; the trip comes five like Ms. Medappa, a green-card holder who these hard working Americans and their chil- has lived in the U.S. since 1978 and worked months after Mr. Brown undertook a similar dren. I have been fighting for many years, on mission to China. In a recent Ernst & Young for U S West for eight years. Unlike overseas Chinese entrepreneurs, who invest their own many levels, to address this problem. Today, survey of 230 multinational companies, 17% I have introduced a measure specifically ad- saw India as a ‘‘priority country’’ for future money in China, many nonresident Indians investment, ranking India second only to advocate investment in India by the multi- dressing the lack of sewage treatment facilities China. national companies that employ them. for the region and a measure to increase the China’s lead in the foreign-investment State's flexibility in administering a current pro- IT’S WHO YOU KNOW sweepstakes remains enormous, however. gram. These measures are small steps to cor- Foreigners last year sank well in excess of ‘‘For every foreign company I’ve seen come recting a problem which has existed for more $30 billion into operations in China, com- to India, the guy who was actually making than 30 years. pared with less than $2 billion in India. that effort happen was an ethnic Indian,’’ Unfortunately, when we talk of the citizens It’s also far from clear that India can ever says Naina Lal Kidawai, Morgan Stanley & along the border with Mexico there are those make up for China’s 15-year head start. Co.’s chief of corporate finance in Bombay. among us who would distort the facts. As my While three years of reforms may have re- Another attribute of India is simply being vived India’s economy, they haven’t papered the world’s second-biggest potential market, colleagues review this legislation, I hope they over its seething ethnic and class divisions, after China. That’s especially alluring as a will bear in mind that: first, the colonias are done away with its corrupt and inefficient spate of loan-payment problems and contract communities located wholly in the United bureaucracy, or rid its city streets of beg- disputes reminds foreign investors of the dif- States; second, the residents of colonias are gars. ficulties of doing business in the Middle American citizens and legal permanent resi- But at least foreign investors are finally Kingdom. dents; and third, the residents are not squat- noticing India’s assets, among them: But investors are hardly deserting China in ters. They purchased the land, for which they India has a huge middle class whose buying droves. And experienced foreign investors habits are well-chronicled, unlike in China, have legal deeds, from unscrupulous devel- know India also can pose frustrations. For where dependable market statistics are rare. opers who promised them everything and de- The Indian government-supported National example, U S West and other foreign phone livered nothing. I hope my colleagues will avail Council of Applied Economic Research, for companies have camped out in New Delhi ho- themselves to addressing the needs of Ameri- instance, periodically surveys samplings of tels for months awaiting a government auc- cans, irrespective of where they live, and not as many as 500,000 Indians. The council’s tion of operating-rights contracts that keeps bow to the misinformed arguments of those 1992–93 survey indicates that 550 million Indi- being promised. who are not from the border and cannot know And while India has slashed tariffs and ans lived in households where at least one the needs and concerns of the region. I am member owned a wristwatch; that 33% of tackled its government budget deficit, it has nail polish was bought by households with a balked at more painful measures, such as asking for fairness for American children who monthly income of less than 18,000 rupees privatizing government enterprises, allowing live in conditions similar to those of developing ($574); and that southern India accounted for imports of many foreign consumer goods or countries. 77% of the country’s purchases of coffee. making it easier for companies to lay off Today, there are more than 350,000 Ameri- India has skilled scientists and software workers. cans, many of them children, who live in engineers. Motorola, Texas Instruments Inc. Finance Minister Singh insists the govern- colonias without any access to such basic and other foreign investors have turned Ban- ment’s program is on schedule, but adds it services as indoor plumbing or safe sewage galore into one of the world’s software-writ- cannot get too far ahead of public opinion. disposal. In my district alone there are nearly ing capitals. India abounds in qualified peo- Mr. Singh makes no apologies for this; one of ple because its universities emphasize com- 48,000 people who live under these appalling the advantages of a democracy, he says, is conditions every day. Let me try to describe to puter science and because ‘‘Indians naturally that public opinion helps check misguided love intellectual puzzles,’’ says Anand my colleagues what life is like for these hard policies. That mechanism is absent in China, Khandekar, a retired Indian navy com- working Americans. he points out. modore who supervises 220 engineers at a In the State of Texas, there are nearly If democracy keeps India from developing Motorola software laboratory here. The In- 300,000 people living in approximately 1200 dian engineers are good, and they are afford- as fast as China, some analysts say it also gives India a stability that transcends its oc- colonias. The majority of these communities able. A Texas Instruments official says a do not have paved roads. Forty percent of typical software engineer in Bangalore costs casional outbursts of communal violence. $400 a month in salary and benefits. ‘‘Think of India as a wide, shallow-bottomed these communities, or roughly 112,000 peo- India has well-managed private companies. boat,’’ says Jonathan Bensky, commercial ple, do not have access to public water, a pre- In China, the potential partners for foreign counselor at the U.S. Embassy in New Delhi. cious and expensive commodity in the desert. investors are mainly state-owned companies ‘‘It’s easy to rock but very difficult to tip Instead these people are forced to rely on and the potential stock plays are all recent over.’’ water from wells or water which is transported E 124 CONGRESSIONAL RECORD — Extensions of Remarks January 18, 1995 from outside the community. Most of the wells the Colonia Plumbing Loan Program. The in- adesÐthe past 16 years as the county's chief are dug by hand and are no more than 15 feet tention of this program was to fill a gap in administrative officer. deep. In my district the water table is only 7 State and Federal funding. While some mon- Richard Wittenberg has clearly left his mark feet deep in sandy soil, which make the water eys have been provided for wastewater treat- on Ventura County and, in a broader sense, brackish and not suitable for drinking even ment, little funding has been provided to equip southern California. As the principal advisor to under the best of circumstances. Only when these homes with the necessary plumbing to the Ventura County Board of Supervisors and we consider that many residents have equally utilize these services. As anyone who has the person charged with carrying out the crudely dug outhouse located less than 50 been involved with the building or remodeling board's decisions, he has helped see the feet from these wells, can we begin to appre- of a home knows, the modifications which county through the good and the bad, the rich ciate how truly unfit for drinking this water is. must be made to a home in order to access years and the lean ones. Those who must have their water brought in water distribution and wastewater systems are Through Richard's tenure, and thanks in no must find places to store it. Sadly, the storage costly. small part to his management style, Ventura container is all too often an old chemical bar- My legislation would convert this program County has served as a model for other mu- rel, frequently with the skull and crossbones from a loan program to a grant program. As nicipalities around the State and Nation. His still visible. As if storing water in contaminated with other grants to the colonias, the State of thoughtful leadership, his professionalism, and containers were not bad enough, storing the Texas will match the Federal contribution, thus the fact that he truly cared about the fate of water causes the chlorine, which is what allowing us to maximize the allocation of these his 750,000 employers made Richard one of keeps our drinking water safe, to dissipate. I funds. Mr. Speaker, this bill provides us the the most effective administrators to manage ask my colleagues, Mr. Speaker, to try to opportunity to take an existing program that this or any county. imagine living every day of their lives having while well intended, did not meet the needs of In addition to his numerous professional ac- to constantly plan how much water would be its constituents and tailor the program to meet complishments, Richard and his wife Joyce required for every meal, every bath, every those needs. have raised three very successful children and laundry day, and every time they washed their Mr. Speaker, my second bill addresses the have played an active role in the social, cul- dishes by hand. I think my colleagues will question of authorization in regard to grants tural, and philanthropic fabric of the county agree this would be very burdensome indeed. for wastewater systems. After long and need- and surrounding areas. It should be no surprise to my colleagues less battles, this House has provided funding Mr. Speaker, we ask our colleagues to join that this situation is also having very serious to the State of Texas to make grants to the us today in saluting Richard Wittenberg, who health consequences. The lack of public serv- colonias for wastewater treatment. These is leaving Ventura County to become chief ad- ices means that the residents in these com- funds have been matched dollar for dollar by ministrative officer for Santa Clara County. We munities are, in effect, drinking, washing the State. Despite the fact that there are cur- are sorry to see him go, but thank him for the dishes and bathing in their own refuse. The in- rently four statutes in force which authorize very positive impact he ha made in Ventura cidence of hepatitis in the border region is two such expenditures, it is my understanding that County and southern California. We wish him to three times higher than the national aver- an additional, agency-specific authorization, is all the best in his new position. age, and in my district the hepatitis rate is five necessary in order to secure funding for these f times the national average. Let me put that hard-working Americans. Mr. Speaker, this into perspective for my colleagues. Several legislation provides an additional authorization. THE COMMON SENSE LEGAL years ago, one of the school districts in El Mr. Speaker, several times a year this Con- REFORM ACT Paso County tested the students for hepatitis. gress is asked to assist victims of natural dis- The results, Mr. Speaker, were shocking. By asters. The residents of my district are only the age of 8 approximately 35 percent of the happy to do so. Now, however, they are ask- HON. BRIAN P. BILBRAY children had been infected with hepatitis A, ing for your help to address a situation no less OF CALIFORNIA and by the age of 35, up to 90 percent of devastating than that experienced by the vic- colonia residents had been infected. IN THE HOUSE OF REPRESENTATIVES tims of flood, fire, or hurricane. Victims of nat- Unfortunately, hepatitis is not the only dis- ural disasters must ensure conditions similar Wednesday, January 18, 1995 ease which threatens the residents of the to that of the colonias for a short time. The colonias. Perhaps the most disturbing, and the Mr. BILBRAY. Mr. Speaker, this week the residents of the colonias have been enduring most widely publicized, consequence of the Commerce Committee begins hearings on ex- their hardships for more than 30 years. The environmental problems associated with the tremely important legal reform. time has come to finally address the needs of lack of proper sewage and drinking water is The Common Sense Legal Reform Act poor Americans who live along the inter- the alarmingly high number of anencephalic, (H.R. 10) will restore commonsense to Federal or brainless babies which have been born in national border between the United States and securities laws by limiting strike lawsuitsÐ the region. Less dramatic but no less dan- Mexico. suits filed by class action attorneys on behalf gerous are two gastrointestinal infestations, Every American citizen is entitled to a cer- of shareholders whose stock investments have amebiasis which is caused by a parasite, and tain basic standard of living, and we as a na- failed to live up to their expectations. Cur- shigellosis which is caused by bacteria. Both tional should own up to our responsibility to rently, a sharp drop or increase in a compa- are endemic to the region and have rates of take care of those who are least able to take ny's stock price can trigger a lawsuit, even if two to three times the national average. In ad- care of themselves. movement was caused by normal market dition, 15 percent of families in colonias report f events. that at least one family member suffers from Mr. Speaker, high-tech, bio-tech and other TRIBUTE TO RICHARD diarrhea every week. Finally, Mr. Speaker, growth companies are the job creators in our WITTENBERG cholera, which is virtually unknown in the Unit- economy. American businesses like these, ed States, continues to threaten border com- struggling to remain competitive in a global munities. Last year, cholera bacteria were HON. ELTON GALLEGLY marketplace, fear these abusive strike lawsuits found in the drinking water in Ciudad Juarez, OF CALIFORNIA for good reason: Because these companies El Paso's sister city. We all know that disease stock prices are the most volatile, and they knows no international boundary, nor does it HON. ANTHONY C. BEILENSON can least afford the endless litigation resulting respect any internal divisions within this coun- OF CALIFORNIA in huge legal fees, they are the targets of try. It is imperative that we take steps to elimi- HON. HOWARD L. BERMAN these frivolous lawsuits. nate the health hazards faced by the residents These lawsuits effect businesses' competi- OF CALIFORNIA of the colonias. tiveness on several levels. To settle these In the past, it has been difficult to secure HON. HENRY A. WAXMAN speculative suits, companies may be forced to funding for the EPA to provide grants to OF CALIFORNIA layoff employees or simply never hire them at colonias. In fiscal year 1990, I was able to ob- IN THE HOUSE OF REPRESENTATIVES all. Worst of all, U.S. competitiveness on an tain $15 million to establish a special revolving international scale is shackled with a tax on in- fund to make loans to Texas counties along Wednesday, January 18, 1995 novation. Why? Because strike suits hit the the United States-Mexico border. Due to the Mr. GALLEGLY. Mr. Speaker, we are hon- most innovative, entrepreneurial firms in Amer- high level of poverty in this area, the counties ored to pay tribute today to a talented and tire- ica. have not been able to adequately access less public servant who has fought for the Finally, Mr. Speaker, the small independent these funds. These funds were used to create people of Ventura County for nearly three dec- investor is the one who stand to gain the most January 18, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 125 from this commonsense legal reform. The Is Wood pleased? Evidently not. ‘‘As we at- of her day. Mrs. Scott began riding at the age small investor is the one deprived of timely in- tempt to toughen Minnesota’s sentencing of 4 and won many awards at the Devon formation by gun-shy managers, who see cap- guidelines beyond their current level, what Horse Show. we are doing is investing in reaction. At- ital allocated to R&D diverted to pay legal bills tacking the problems of crime by building Today, Mrs. Scott's contributions to the and settlements, and who are robbed of the more prisons is like attacking the AIDS community can be best attributed to her role time and talent of managers distracted by law- problem by building more hospitals. as chairwoman and executive director of the suits. ‘‘We do need prisons. But we must look at Devon Horse Show and Country Fair, Inc., Commonsense legal reform, that we prom- how to conserve our state’s resources and where last year alone proceeds of over ised in the Contract With America, and we are focus on and invest in our kids.’’ $400,000 benefited Bryn Mawr Hospital. delivering with H.R. 10, is desperately needed ‘‘We must,’’ Wood says, ‘‘look at kids with But Mrs. Scott's charity work was not limited to unshackle companies and investors from learning disabilities and kids with poor to the Devon Horse Show. Earlier this year, anger and impulse control. They can be these abusive lawsuits. helped before they end up in correctional fa- Mrs. Scott coordinated a 90th birthday bash f cilities. for herself which alone raised another ‘‘We must look at how we can help kids $100,000 for Bryn Mawr Hospital, her favorite VYING FOR DOLLARS—EDUCATION who are growing up with abusive parents and charity. AND CORRECTIONS kids who are parenting kids. Mr. Speaker, at this time, I ask my col- ‘‘We need to look at parent education— leagues to pay tribute to the late Hope Mont- HON. BRUCE F. VENTO maybe even mandatory training for parents. gomery Scott. She will be greatly missed by We need to teach parents and kids non-vio- her family, friends, and admirers. OF MINNESOTA lent conflict resolution skills. IN THE HOUSE OF REPRESENTATIVES ‘‘We’ve got to remember that even if some f Wednesday, January 18, 1995 want to—you can’t throw kids away. They won’t disappear. And the costs of dealing PERSONAL EXPLANATION Mr. VENTO. Mr. Speaker, this Nation has a with them won’t either. They’ll take your serious problem with crime and the people of money when they occupy a cell.’’ HON. GEORGE W. GEKAS this country are demanding something be Wood insists that it’s far less expensive to OF PENNSYLVANIA done. Unfortunately, the current debate about invest in tutors, parent education, even one- how to address this problem appears to be to-one help for kids. He’s adamant that soci- IN THE HOUSE OF REPRESENTATIVES stalled at the theory that more prisons will re- ety will save money—and may just reclaim Wednesday, January 18, 1995 lives—if it will invest in more front-end serv- duce crime. But the fact of the matter is build- ices and fewer correctional facilities. Mr. GEKAS. Mr. Speaker, on Wednesday, ing more costly prisons is a short-term fix to ‘‘We invest in recycling plastic, glass and January 18, 1995, I was unavoidably detained a long-term problem that may very well be paper—we should invest in preserving our and regrettably missed three procedural votes. draining the resources from the real solution. most valuable resource, our kids,’’ says Had I been present I would have voted ``aye'' The following article that I am inserting into Wood. on rollcall vote No. 17, a motion to table the the RECORD is a thought-provoking interview f appeal of the Speaker's ruling; ``aye'' on roll- with Frank Wood, Minnesota's commissioner call vote No. 18, a motion to strike the words of corrections, a life-long friend and acquaint- TRIBUTE TO HOPE MONTGOMERY SCOTT of Representative Meek of Florida; and ``nay'' ance. Prior to his role as commissioner, Frank on rollcall vote No. 19, a motion to adjourn the Wood served for a decade as a prison warden U.S. House of Representatives. and has had a long positive career in Min- HON. CURT WELDON f nesota corrections. I encourage my colleagues OF PENNSYLVANIA to take heed of the message Commissioner IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO KEN NASH Wood relates in this important interview. Wednesday, January 18, 1995 VYING FOR DOLLARSÐEDUCATION AND CORRECTIONS Mr. WELDON of Pennsylvania. Mr. Speaker, HON. SANDER M. LEVIN ‘‘They are closing schools in California to I rise today to pay tribute to a preeminent free up money to build more prisons. And it’s OF MICHIGAN not an unusual phenomenon. Education and symbol of Philadelphia's main line society. The IN THE HOUSE OF REPRESENTATIVES recent passing of Hope Montgomery Scott at Corrections are being pitted against each Wednesday, January 18, 1995 other in almost every state in the union,’’ age 90, earlier this week marks the end of an says Frank Wood, Minnesota’s outspoken era. As the darling of high society, Mrs. Scott Mr. LEVIN. Mr. Speaker, I rise today to rec- Commissioner of Corrections. was both an honored dairy farmer and for the ognize the distinguished service of Sgt. Ken- Wood is not about to suggest that prisons last 30 years the principal organizer for the neth J. Nash. can or should be abolished. Nor is he likely nationally known Devon Horse Show and Sergeant Nash is retiring after 271¤2 years of to suggest that Minnesota’s $143 million pris- Country Fair. diligent service in the Hazel Park Police De- on budget is unnecessary. ‘‘Now and for the foreseeable future we will Scott, best known as the high society girl partment. His career has been marked by nu- need prisons for violent offenders. However,’’ was the inspiration for the making of ``The merous commendations and citations including he continues, ‘‘having said that, Minnesota Philadelphia Story,'' written in 1939 by play- the prestigious ``Citation for Professional Ex- is among the toughest states in the country wright Philip Barry, a college classmate of cellence'' awarded to him by the Michigan in terms of sentences, we don’t need many Mrs. Scott's husband, Edgar, at Harvard State Police. more felony enhancements [ed note: correc- Drama School. The play, was then made into Sergeant Nash's distinguished record of tions jargon for tougher felony sentences].’’ a 1940 movie starring local Bryn Mawr Col- service is not limited only to the Hazel Park What we do need, Wood says, is a Correc- lege graduate actress Katherine Hepburn. In Police Department. He has been active in the tions budget that must increase substan- tially for several years, ‘‘just to cover the in- 1956, after great demand, ``The Philadelphia Boy Scouts serving as Cubmaster, Scout- voices for the laws—and sentences—we’ve al- Story'' was remade into a musical called ``High master, and district commissioner. His out- ready passed.’’ Society,'' starring Philadelphia native Grace standing service to the community earned him And beyond that? Kelley. the ``Citizen of the Month'' honor, which was ‘‘We have proposed to spend 30 billion dol- Mrs. Scott had a dairy farm, a trade she awarded to him by the Hazel Park City Coun- lars in the national crime bill—and it’s high- learned from her father while growing up. Her cil. ly unlikely that those funds designated for dairy farm was the top producing Ayrshire Mr. Speaker, I am certain his retirement will reactions after the fact to crime will lower herd in the Nation. In 1990 the farm received not be so much the ending of his career, but the crime rate,’’ Wood says. What the crime bill will do, Wood suggests, an award for an average annual output of rather the beginning of new endeavors. is help Americans feel safe in the face of 20,000 pounds of milk per cow. I am privileged to join Kenneth Nash's what they perceive as an increasingly vio- Mrs. Scott married an heir to the Pennsylva- friends and colleagues in thanking him for his lent society with a growing number of out- nia Railroad fortune, threw the best parties, years of distinguished service and wish him a of-control youth. and became the finest American horsewoman rewarding retirement. E 126 CONGRESSIONAL RECORD — Extensions of Remarks January 18, 1995 SENATE COMMITTEE MEETINGS JANUARY 23 2:00 p.m. 9:30 a.m. Select on Intelligence Title IV of Senate Resolution 4, To hold closed hearings on intelligence agreed to by the Senate on February 4, Joint Economic To resume hearings on proposals to matters. SH–219 1977, calls for establishment of a sys- amend the Constitution of the United tem for a computerized schedule of all States to require a balanced budget. JANUARY 26 meetings and hearings of Senate com- SD–562 mittees, subcommittees, joint commit- 9:30 a.m. tees, and committees of conference. JANUARY 24 Agriculture, Nutrition, and Forestry To hold hearings on proposed legislation This title requires all such committees 9:30 a.m. authorizing funds for the Commodity to notify the Office of the Senate Daily Armed Services Futures Trading Commission. Digest—designated by the Rules Com- To hold hearings on the requirements for SR–332 mittee—of the time, place, and purpose ballistic missile defenses. 2:00 p.m. of the meetings, when scheduled, and SR–222 Commerce, Science, and Transportation any cancellations or changes in the To hold oversight hearings on activities JANUARY 25 of the National Railroad Passenger meetings as they occur. 9:30 a.m. Corporation (Amtrak). As an additional procedure along Governmental Affairs SR–253 with the computerization of this infor- To hold hearings to examine Federal mation, the Office of the Senate Daily Government reform issues, focusing on FEBRUARY 1 Digest will prepare this information for welfare reform. 9:30 a.m. printing in the Extensions of Remarks SD–342 Governmental Affairs To continue hearings to examine Federal section of the CONGRESSIONAL RECORD Rules and Administration Business meeting, to mark up proposed Government reform issues, focusing on on Monday and Wednesday of each information management systems. week. legislation authorizing biennial ex- penditures by standing, select, and spe- SD–342 Meetings scheduled for Thursday, cial committees of the Senate, and to January 19, 1995, may be found in the consider other pending legislative and POSTPONEMENTS Daily Digest of today’s RECORD. administrative business. SR–301 JANUARY 19 MEETINGS SCHEDULED 10:00 a.m. Budget Judiciary Business meeting, to mark up proposed JANUARY 20 Constitution Subcommittee legislation granting the President of the United States legislative line item 10:00 a.m. To hold hearings on S.J.Res. 19, propos- veto authority. Joint Economic ing an amendment to the Constitution of the United States relative to limit- SD–608 To hold hearings on proposals to amend Indian Affairs the Constitution of the United States ing congressional terms. SD–226 To hold oversight hearings to review to require a balanced budget. structure and funding issues of the Bu- SD–562 reau of Indian Affairs. SR–485 Wednesday, January 18, 1995 Daily Digest Senate Pending: Chamber Action Committee amendment number 11, beginning on Routine Proceedings, pages S1017–S1128 page 25, line 11, pertaining to committee jurisdic- Measures Introduced: Ten bills and four resolu- tion. Pages S1024±25 tions were introduced, as follows: S. 233–242, S.J. Gorton Amendment No. 31 (to committee Res. 20, and S. Res. 62–64. Page S1070 amendment number 11), to prohibit the approval or Measures Reported: Reports were made as follows: certification of certain national history standards pro- Special Report entitled ‘‘Committee Activities of posed by the National Center for History in Schools. the Select Committee on Intelligence for the period Pages S1025±69 January 4, 1993, through December 1, 1994.’’ (S. Levin/Kempthorne/Glenn Amendment No. 143, Rept. No. 104–4). to provide for the infeasibility of the Congressional S. Res. 62, authorizing expenditures by the Com- Budget Office making a cost estimate for Federal mittee on Labor and Human Resources. intergovernmental mandates. Pages S1059±60 S. Res. 64, authorizing expenditures by the Com- Bumpers Amendment No. 144 (to Amendment mittee on Veterans’ Affairs. Page S1069 No. 31), to authorize collection of certain State and Unfunded Mandates: Senate continued consider- local taxes with respect to the sale, delivery, and use ation of S. 1, to curb the practice of imposing un- of tangible personal property. Pages S1061±69 funded Federal mandates on States and local govern- During consideration of this measure today, by ments; to strengthen the partnership between the unanimous-consent, committee amendment number Federal Government and State, local, and tribal gov- 11, beginning on page 25, line 11, pertaining to ernments; to end the imposition, in the absence of committee jurisdiction, was modified. Page S1063 full consideration by Congress, of Federal mandates A unanimous-consent agreement was reached pro- on State, local, and tribal governments without ade- viding for further consideration of the bill and Levin quate funding, in a manner that may displace other Amendment No. 143, listed above, on Thursday, essential governmental priorities; and to ensure that January 19, with a vote to occur thereon at 11:30 the Federal Government pays the costs incurred by a.m., following which Senate will vote on a motion those governments in complying with certain re- to close further debate on the bill. quirements under Federal statutes and regulations, A second motion was entered to close further de- with certain excepted committee amendments, tak- bate on the bill and, in accordance with the provi- ing action on amendments proposed thereto, as fol- sions of Rule XXII of the Standing Rules of the lows: Pages S1024±69 Senate, a vote on the cloture motion could occur on Adopted: Friday, January 20. Pages S1064±65 (1) By 99 yeas to 1 nay (Vote No. 23), Dole Senate will resume consideration of the bill on Modified Amendment No. 139 (to Amendment No. Thursday, January 19. 31), in the nature of a substitute. Pages S1028±40 Nominations Received: Senate received the follow- (2) By 93 yeas to 5 nays (Vote No. 24), Bradley ing nominations: Amendment No. 141 (to Amendment No. 31), to S. David Fineman, of Pennsylvania, to be a Gov- express the sense of the Senate that States should not ernor of the United States Postal Service for the term shift costs to local governments. expiring December 8, 2003. Page S1128 Pages S1047±49, S1058±59, S1060 (3) By a unanimous vote of 99 yeas (Vote No. Communications: Pages S1069±70 25), Boxer Amendment No. 142 (to Amendment Statements on Introduced Bills: Pages S1070±96 No. 31), to express the sense of the Senate that the Additional Cosponsors: Pages S1096±97 Attorney General should act immediately to protect reproductive health care clinics. Amendments Submitted: Pages S1097±S1124 Pages S1049±58, S1060±61 Notices of Hearings: Page S1126 D 51 D 52 CONGRESSIONAL RECORD — DAILY DIGEST January 18, 1995

Authority for Committees: Page S1126 JOB CORPS PROGRAM Additional Statements: Pages S1126±28 Committee on Labor and Human Resources: Committee Record Votes: Three record votes were taken today. held oversight hearings to examine performance, ac- (Total—25) Pages S1040, S1060±61 countability, and the incidence of violence at Job Corps sites, receiving testimony from Gerald W. Pe- Recess: Senate convened at 11:30 a.m., and recessed terson, Millersville, Maryland, former Assistant In- at 9:17 p.m., until 9 a.m., on Thursday, January 19, spector General for Audit, Department of Labor; 1995. (For Senate’s program, see the remarks of the Ron Stallworth, Utah Department of Public Safety, Acting Majority Leader in today’s RECORD on page Salt Lake City; Fred Freeman, Jr., Carlisle, Penn- S1128.) sylvania; Rhonda Wheeler, Ventura, California; Ran- dall B. Godinet, San Diego, California; Shirley D. Committee Meetings Sakos, Piscataway, New Jersey; Karen Anderson, St. Paul, Minnesota; and Luis Melendez, New York, (Committees not listed did not meet) New York. LINE-ITEM VETO Hearings continue tomorrow. Committee on the Budget: Committee concluded hear- COMMITTEE BUDGET REQUESTS ings on S. 4, to grant the power to the President to Committee on Rules and Administration: Committee reduce budget authority, and S. 14, to provide for held hearings to receive testimony from Senators, as the expedited consideration of certain proposed can- indicated, in support of resolutions requesting funds cellations of budget items, after receiving testimony for operating expenses of their respective committees from Senators McCain, Coats, and Bradley; and Alice for periods from March 1, 1995, through February M. Rivlin, Director, Office of Management and 29, 1996, and from March 1, 1996, through Feb- Budget. ruary 28, 1997, as follows: BALANCED BUDGET AMENDMENT Committee on the Budget: (S. Res. 50), Senators Do- menici and Exon; Committee on the Judiciary: Committee ordered favor- Committee on Energy and Natural Resources: (S. Res. ably reported S.J. Res. 1, proposing an amendment 39), Senators Murkowski and Johnston; to the Constitution of the United States to require Committee on Finance: (S. Res. 36), Senators Pack- a balanced budget. wood and Moynihan; ORGANIZATIONAL MEETING Special Committee on Aging: (S. Res. 55), Senators Committee on Labor and Human Resources: Committee Cohen and Pryor; ordered favorably reported an original resolution (S. Committee on Agriculture, Nutrition, and Forestry: (S. Res. 62), requesting $4,018,405 for operating ex- Res. 53), Senators Lugar and Leahy; penses for the period from March 1, 1995 through Committee on the Judiciary: (S. Res. 54), Senators February 29, 1996, and $4,111,256 for operating ex- Hatch and Biden; penses for the period from March 1, 1996 through Committee on Foreign Relations: (S. Res. 41), Sen- February 28, 1997. ators Helms and Pell; and Also, committee adopted its rules of procedure for Committee on Small Business: (S. Res. 51), Senators the 104th Congress, and announced the following Bond and Bumpers. subcommittee assignments: Hearings continue tomorrow. Subcommittee on Aging: Senators Gregg (Chairman), COMMITTEE BUDGET Kassebaum, Coats, Ashcroft, Mikulski, Simon, Committee on Veterans’ Affairs: Committee approved Wellstone, and Kennedy (ex officio). for reporting an original resolution (S. Res. 64), re- Subcommittee on Children and Families: Senators questing $1,036,481 for operating expenses for the Coats (Chairman), Jeffords, DeWine, Ashcroft, Abra- period from March 1, 1995 through February 29, ham, Kassebaum (ex officio), Dodd, Pell, Harkin, 1996, and $1,060,341 for operating expenses for the Wellstone, and Kennedy (ex officio). period from March 1, 1996 through February 28, Subcommittee on Disability Policy: Senators Frist 1997. (Chairman), Jeffords, DeWine, Gorton, Kassebaum (ex officio), Harkin, Kennedy, and Simon. INTELLIGENCE Subcommittee on Education, Arts, and Humanities: Select Committee on Intelligence: Committee held closed Senators Jeffords (Chairman), Kassebaum, Coats, hearings on intelligence matters, receiving testimony Gregg, Frist, DeWine, Ashcroft, Abraham, Gorton, from officials of the intelligence community. Pell, Kennedy, Dodd, Simon, Harkin, Mikulski, and Committee will meet again on Wednesday, Janu- Wellstone. ary 25. January 18, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 53 House of Representatives LABOR—HHS—EDUCATION AND RELATED Chamber Action AGENCIES APPROPRIATIONS Bills Introduced: Fourteen public bills, H.R. Committee on Appropriations: Subcommittee on 552–565; and one resolution, H.J. Res. 55, were in- Labor—Health and Human Services—Education troduced. Page H325 (and Related Agencies) held a hearing on Secretary Reports Filed: The following reports were filed as of Education/Downsizing/GAO, and on Secretary of follows: Labor/Downsizing/GAO. Testimony was heard from H. Res. 38, providing for the consideration of Richard W. Riley, Secretary of Education; Robert B. H.R. 5, the Unfunded Mandate Reform Act of 1995 Reich, Secretary of Labor; officials of GAO; and pub- (H. Rept. 104–2); and lic witnesses. H. Res. 1, proposing a balanced budget amend- TREASURY—POSTAL SERVICE—GENERAL ment to the Constitution of the United States, GOVERNMENT APPROPRIATIONS amended (H. Rept. 104–3). Page H325 Committee on Appropriations: Subcommittee on Treas- Speaker Pro Tempore: Read a letter from the ury—Postal Service—General Government held a Speaker wherein he designates Representative Stearns hearing on Downsizing Government/Federal Person- to act as Speaker pro tempore for today. Page H299 nel. Testimony was heard from public witnesses. Ruling of the Chair: By a yea-and-nay vote of 214 CONTRACT WITH AMERICA: WELFARE yeas to 169 nays, Roll No. 17, agreed to the Linder REFORM motion to table the Volkmer motion to appeal a rul- Committee on Economic and Educational Opportunities: ing of the Chair. Pages H301±02 Held a hearing on Contract With America: Welfare Subsequently agreed to strike certain words from Reform. Testimony was heard from Gerald Miller, the RECORD (agreed to by a yea-and-nay vote of 217 Director, Department of Social Services, State of yeas to 178 nays, Roll No. 18). Pages H302±03 Michigan; and public witnesses. Motion to Adjourn: By a yea-and-nay vote of 152 CURRENT INTELLIGENCE AND yeas to 247 nays, Roll No. 19, rejected the Mfume OPERATIONS motion to adjourn. Pages H305±06 Committee on National Security: Met in executive ses- Quorum Calls—Votes: Two yea-and-nay votes and sion to receive a briefing on current intelligence and one recorded vote developed during the proceedings operations. The Committee was briefed by the fol- of the House today and appear on pages H301–02, lowing officials of the Joint Chiefs of Staff, Depart- H302–03, and H305–06. ment of Defense: Maj. Gen. Patrick M. Hughes, USA, Director, Intelligence (J–2); and Maj. Gen. Adjournment: Met at 11:00 a.m. and adjourned at Jared Bates, USA, Deputy Director, Operations 3:05 p.m. (J–3). MISCELLANEOUS MEASURES Committee Meetings Committee on Resources: Ordered reported the following measures: H.R. 101, amended, to transfer a parcel of ENERGY AND WATER DEVELOPMENT land to the Taos Indians of New Mexico; H.R. 256, APPROPRIATIONS to withdraw and reserve certain public lands and Committee on Appropriations: Subcommittee on Energy minerals within the State of Colorado for military and Water Development held a hearing on use; H.R. 400, to provide for the exchange of lands Downsizing Government. Testimony was heard from within the Gates of the Arctic National Wildlife Vic Rezendes, Director, Energy Issues, GAO; and Park and Preserve; H.R. 440, to provide for the con- public witnesses. veyance of lands to certain individuals in Butte County, CA; and H.J. Res. 50, designate the visitors INTERIOR APPROPRIATIONS center at the Channel Islands National Park, CA, as the ‘‘Robert J. Lagomarsino Visitors Center.’’ Committee on Appropriations: Subcommittee on Interior (and Related Agencies) held a hearing on the Sec- UNFUNDED MANDATE REFORM ACT retary of the Interior. Testimony was heard from Committee on Rules: By a record vote of 8 to 3, grant- Bruce Babbitt, Secretary of the Interior. ed an open rule with two hours of debate, divided D 54 CONGRESSIONAL RECORD — DAILY DIGEST January 18, 1995 between the Committees on Government Reform Committee on Energy and Natural Resources, to hold hear- and Oversight and Rules, on H.R. 5, Unfunded ings to review the implications of the North Korean nu- Mandate Reform Act of 1995. The rule makes in clear framework agreement, 2 p.m., SD–366. order an amendment in the nature of a substitute Committee on Labor and Human Resources, to continue oversight hearings on the activities of the Job Corps, 10 printed in the Rules Committee report as original a.m., SD–430. text for amendment purposes, to be considered by Committee on Rules and Administration, to continue hear- title rather than section. The rule also gives priority ings on proposed committee resolutions requesting funds in recognition to Members who have pre-printed for operating expenses for 1995 and 1996, 9:15 a.m., amendments in the CONGRESSIONAL RECORD prior SR–301. to their consideration. The rule provides one motion to recommit, with or without instructions. Testi- NOTICE mony was heard from Chairman Clinger and Rep- For a listing of Senate Committee Meetings sched- resentatives Collins of Illinois, Moran, and Sabo. uled ahead, see pages E126 in today’s RECORD. CONTRACT WITH AMERICA—SMALL House BUSINESS TAX PROPOSALS Committee on Appropriations, Subcommittee on Interior Committee on Small Business: Held a hearing on Tax (and Related Agencies), on Secretary of Energy, 10 a.m., and on Chief of Forest Service, 1:30 p.m., B–308 Ray- Policy and Small Business (overview of small busi- burn. ness tax proposals as contained in the Contract With Subcommittee on Labor—Health and Human Serv- America and beyond). Testimony was heard from ice—Education (and Related Agencies), on Corporation public witnesses. for Public Broadcasting, 9:30 a.m., 2358 Rayburn. Subcommittee on Treasury—Postal Service—General COMMITTEE ORGANIZATION Government, on Downsizing Government/GSA Construc- Committee on Transportation and Infrastructure: Sub- tion and Leasing, 10 a.m., H–163 Capitol. committee on Coast Guard and Maritime Transpor- Committee on Commerce, Subcommittee on Telecommuni- tation met for organizational purposes. cations and Finance, hearing on Title II, Reform of Pri- vate Securities Litigation, of H.R. 10, Common Sense CONTRACT WITH AMERICA Legal Reforms Act of 1995, 9:30 a.m., 2123 Rayburn. Committee on Economic and Educational Opportunities, Sub- Committee on Ways and Means: Continued hearings on committee on Postsecondary Education, Training and proposals contained in the Contract With America, Life-Long Learning, hearing on Contract With America: with emphasis on provisions to strengthen the Welfare Reform/JOBS Program, 9:30 a.m., 2175 Ray- American family. Testimony was heard from Rep- burn. resentatives Dornan, Smith of New Jersey, Vucano- Committee on Government Reform and Oversight, Sub- vich, Buyer, and Weller; and public witnesses. committee on National Economic Growth, National Re- Hearings continued tomorrow. sources and Regulatory Affairs, hearing on H.R. 450, Regulatory Transition Act of 1995, 9:30 a.m., 2154 Ray- f burn. COMMITTEE MEETINGS FOR THURSDAY, Committee on International Relations, to continue hearings JANUARY 19, 1995 on Evaluating U.S. Foreign Policy, Part II, 9:30 a.m., 2172 Rayburn. (Committee meetings are open unless otherwise indicated) Committee on the Judiciary, Subcommittee on Crime, hearing on issues related to H.R. 3, Taking Back our Senate Streets Act of 1995, 10 a.m., 2141 Rayburn. Committee on Appropriations, Subcommittee on VA, Committee on National Security, hearing on the adequacy HUD, and Independent Agencies, to hold hearings to ex- of the Administration’s defense funding plan, 10 a.m., amine the management and budget process at the Depart- 2118 Rayburn. ment of Housing and Urban Development, 9:30 a.m., Committee on Small Business, hearing on Tax—Home Of- SD–192. fice Deduction, 10 a.m., and Tax—Independent Contrac- Subcommittee on Labor, Health and Human Services, tor Status, 2 p.m., 2359 Rayburn. and Education, to hold hearings to examine charter Committee on Transportation and Infrastructure, Sub- schools, 2 p.m., SD–192. committee on Surface Transportation, to hold an organi- Committee on Armed Services, to hold hearings on the zational meeting, 10:15 a.m., 2167 Rayburn. condition of the Armed Forces and future trends, 9:30 Subcommittee on Water Resources and Environment, a.m., SR–222. to hold an organizational meeting, 9 a.m., 2167 Rayburn. Committee on Commerce, Science, and Transportation, to Committee on Ways and Means, to continue hearing on hold hearings on the nomination of Robert Pitofsky, of proposals contained in the Contract With America, with Maryland, to be a Federal Trade Commissioner, 2 p.m., emphasis on provisions to strengthen the American fam- SR–253. ily, 10 a.m., 1100 Rayburn. January 18, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 55

Permanent Select Committee on Intelligence, hearing on In- self-proclaimed Chechen Republic, focusing on its impact telligence Support to the United Nations, 2 p.m., H–405 on Russian domestic policy and implications for inter- Capitol. national relations in the post-cold-war period, 2 p.m., Joint Meetings 2172 Rayburn Building. Commission on Security and Cooperation in Europe, to hold hearings to examine the continued Russian assault on the D 56 CONGRESSIONAL RECORD — DAILY DIGEST January 18, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9 a.m., Thursday, January 19 10 a.m., Thursday, January 19

Senate Chamber House Chamber Program for Thursday: After the recognition of nine Program For Thursday: Consideration of H.R. 5, the Senators for speeches and the transaction of any morning Unfunded Mandate Reform Act of 1995 (modified rule, business (not to extend beyond 11 a.m.), Senate will re- two hours of general debate). sume consideration of S. 1, Unfunded Mandates.

Extensions of Remarks, as inserted in this issue

HOUSE Eshoo, Anna G., Calif., E117 Moakley, John Joseph, Mass., E118 Fields, Jack, Tex., E120 Packard, Ron, Calif., E121 Ackerman, Gary L., N.Y., E122 Gallegly, Elton, Calif., E122, E124 Pastor, Ed, Ariz., E117, E120 Beilenson, Anthony C., Calif., E124 Gekas, George W., Pa., E125 Schumer, Charles E., N.Y., E117, E120 Berman, Howard L., Calif., E121, E124 Gonzalez, Henry B., Tex., E121 Solomon, Gerald B.H., N.Y., E117 Bilbray, Brian P., Calif., E124 Johnson, Tim, S. Dak., E120 Torres, Esteban Edward, Calif., E118 Chambliss, Saxby, Ga., E121 Levin, Sander M., Mich., E125 Vento, Bruce F., Minn., E125 Coleman, Ronald D., Tex., E123 McInnis, Scott, Colo., E116, E119 Waxman, Henry A., Calif., E124 Crane, Philip M., Ill., E115, E118 Markey, Edward J., Mass., E115, E118 Weldon, Curt, Pa., E125 Edwards, Chet, Tex., E115, E118 Meek, Carrie P., Fla., E121 Woolsey, Lynn C., Calif., E121 Ehrlich, Robert L., Jr., Md., E120 Menendez, Robert, N.J., E116, E119

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