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, FRIDAY, JANUARY 20, 1995 No. 12 House of Representatives

The House met at 10 a.m. ANNOUNCEMENT BY THE SPEAKER No. 9, commonsense legal reform to f The SPEAKER. The Chair announces end frivolous lawsuits; and No. 10, congressional term limits to PRAYER that consistent with clause 9 of rule XIV, statements and rulings of the make Congress a citizen legislature. The Chaplain, Rev. James David Chair appearing in the RECORD will be This is our Contract With America. Ford, D.D., offered the following pray- a substantially verbatim account of f er: those words as spoken during the pro- We remember, O gracious God, those ceedings of the House, subject only to who need a special measure of Your ANNOUNCEMENT BY THE SPEAKER technical, grammatical, and typo- PRO TEMPORE grace and protection. We recall the graphical corrections. needs of those who do not benefit from Without objection, the permanent The SPEAKER pro tempore (Mr. the support and love of family and RECORD of January 18 at pages 301 and MCINNIS). The Chair announces that must find their own way through the 303 will reflect this policy. today we will have 10 1-minutes per uncertainties of life. We pray for those There was no objection. side. Any further 1-minutes will be at whose lives are disrupted and torn f the conclusion of business today. apart by the conflicts in our world even f as we support all those who work for CONTRACT WITH AMERICA reconciliation and peace. We remember (Mr. BOEHNER asked and was given GUILTY UNTIL PROVEN INNOCENT those whose days are filled with strug- permission to address the House for 1 gles for the basic essentials of life and minute.) (Mr. TRAFICANT asked and was for those who have little hope. Fill Mr. BOEHNER. Mr. Speaker, our given permission to address the House their lives, O God, with the fullness of Contract With America states: On the for 1 minute and to revise and extend Your spirit that they may be blessed first day of Congress, a Republican his remarks.) by Your presence and receive new hope House will: force Congress to live under Mr. TRAFICANT. Mr. Speaker, if you by Your Word. This is our earnest pray- the same laws as everyone else, cut are arrested for mass murder and the er. Amen. one-third of committee staff, and cut FBI has videotapes of your mass mur- f the congressional budget. der and the FBI has 100 nuns as eye- We have done that. witnesses and the FBI has the Mormon THE JOURNAL In the next 84 days, we will vote on Tabernacle Choir as eyewitnesses and The SPEAKER. The Chair has exam- the following 10 items: the FBI has the Waltons and Mr. Rog- ined the Journal of the last day’s pro- No. 1, a balanced budget amendment ers as eyewitnesses and they said you ceedings and announces to the House and line-item veto; killed 100 people, you are innocent his approval thereof. No. 2, a new crime bill to stop violent until proven guilty. But if you and Pursuant to clause 1, rule I, the Jour- criminals; your grandma and your grandpa go to nal stands approved. No. 3, welfare reform to encourage court on a tax difference of $5,000, they f work, not dependence; have to prove they are innocent be- No. 4, family reinforcement to crack cause they are guilty under the laws of PLEDGE OF ALLEGIANCE down on deadbeat dads and protect our this country. Unbelievable. The SPEAKER. Will the gentle- children; H.R. 390 that the Republicans helped woman from North Carolina [Mrs. No. 5, tax cuts for families to lift last year will change that. If it is good CLAYTON] lead us in the Pledge of Alle- Government’s burden from middle in- enough for the Son of Sam, it is good giance. come Americans; enough for mom and dad. And let me Mrs. CLAYTON led the Pledge of Al- No. 6, national security restoration say this, JOHN, more Americans sup- legiance as follows: to protect our freedoms; port H.R. 390 than any other bill before No. 7, senior citizens’ equity act to the Congress. I pledge allegiance to the Flag of the United States of America, and to the Repub- allow our seniors to work without Gov- I am asking for your help to cospon- lic for which it stands, one nation, under ernment penalty; sor H.R. 390. If it is good enough for the God, indivisible, with liberty and justice for No. 8, Government regulation and un- Son of Sam, it is good enough for all. funded mandate reforms; grandma and grandpa. Think about it.

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 413 H 414 CONGRESSIONAL RECORD — HOUSE January 20, 1995 A HISTORIC JUNCTION THE ONCE MIGHTY PARTY Mr. SHUSTER. Mr. Speaker, David (Mr. CHRISTENSEN asked and was (Mr. CALVERT asked and was given Broder of the Washington Post re- given permission to address the House permission to address the House for 1 cently wrote a column in which he for 1 minute.) minute.) quoted a lifelong Democrat shipyard Mr. CHRISTENSEN. Mr. Speaker, Mr. CALVERT. Mr. Speaker, the worker who switched to be a Repub- this Nation is at a historic junction. once mighty party that helped found lican. Here is what that shipyard work- Either we can follow the same course the Nation now embarrasses itself on er said. we have followed for the last 40 years, station after station. This party of Jef- He said, ‘‘Except for roads, every- a course of tax and spend, a course of ferson, born of ideas, lofty and grand, thing government has done in the last rocketing deficits, or we can steer this have been reduced to whining about a 20 years has degraded our society,’’ ex- flagship America into a new direction, book and a man. This party that helped cept for roads. a direction of fiscal responsibility, through the Great Depression now Yes, Mr. Speaker, building infra- lower taxation and limited Govern- fumes and fusses in session after ses- structure for America’s future is some- ment. sion. thing that Government can do. It is But in order to avoid the rocks of This great party that brought us vic- something that Government should do. higher taxation and the shoals of big- tory in wars today fights about a book As we tighten our Government belt, we ger deficits, we must have a balanced which is not in the stores. should be very careful not to weaken budget amendment with a provision While the American people look to us our rightful commitment to building that requires a three-fifths super ma- for inspiration, the party whines on assets for the future. jority of both the House and the Senate and on about an imaginary publication. Our population continues to grow. to raise taxes. A balanced budget The party that for a long this Congress People travel more. Highway travel has amendment without a tax limitation is led now acts as if it has gone com- more than tripled since the interstate like a ship without a rudder, at the pletely brain dead. was proposed. Air travel has more than mercy of the prevailing winds which It is sad, Mr. Speaker, but it is easy doubled in just the last 12 years. may blow. to see why this once great party is now Spending highway aviation and trust The three-fifths provision is the rud- in the minority. fund dollars to build America is abso- der that will steer America back in the f lutely essential to the future of our right direction. For the sake of our country. Support the transportation WITHDRAWAL OF NAME OF MEM- children, for the sake of our grand- BER AS COSPONSOR OF H.R. 38 trust funds. children and this Nation, let us set a new course. Let us pass the balanced Mr. MONTGOMERY. Mr. Speaker, I f budget amendment with the three- ask unanimous consent that my name fifths tax provision. Let us make the be withdrawn as a cosponsor of H.R. 38. MEMO PUTS SPEAKER’S INTER- magic number 290 instead of 214 to The SPEAKER pro tempore. Is there ESTS ABOVE NATIONAL INTER- raise taxes in the future. objection to the request of the gen- ESTS f tleman from Mississippi? (Mr. SCHUMER asked and was given f permission to address the House for 1 THE WORKPLACE SAFETY minute and to revise and extend his re- AMENDMENT IN OPPOSITION TO H.R. 5, A BILL TO OPPOSE UNFUNDED MANDATES marks.) (Mrs. CLAYTON asked and was given Mr. SCHUMER. Mr. Speaker, in a permission to address the House for 1 (Ms. PELOSI asked and was given memo to the White House last night, a minute and to revise and extend her re- permission to address the House for 1 senior Republican linked our right to marks.) minute.) raise important and valid questions Mrs. CLAYTON. Mr. Speaker, Ms. PELOSI. Mr. Speaker, I rise about the Speaker’s book deal to pas- throughout yesterday’s debate, the today to oppose H.R. 5, the legislation sage of vital legislation. The memo ac- sponsors of the unfunded mandates leg- regarding unfunded mandates. I believe tually seems to put the personal inter- islation told us one thing but in the this is necessary for us to defeat this ests of the Speaker above our national bill they said something different. legislation because it gives benefits to interest. It shows that Republicans They told us that the bill continues to all Americans. would rather do the Speaker’s bidding protect workplace safety, yet they do These Federal mandates give benefits than the people’s business. not say that in the bill. They told us in to all Americans. Included in these We seem to have crossed a very trou- the bill it continues to protect the en- Federal mandates is the Clean Water bling line. The Speaker’s book deal is Act, which is important for us as far as vironment, the air we breathe and the no longer merely a personal ethical the food we eat, the water we drink, water we drink. Yet they do not say issue. It is now threatening the vital and to millions of Americans whose that in the bill. Protection against interests of this country. What is more livelihood depends on working on the child labor, insurance against work- important for America, the North waterways in America. place firetraps, and security from haz- American economy, or a $4.5 million In addition, the Safe Water Act pro- ardous equipment on the job are very check for the Speaker? tects the water we drink from the tap. serious matters. Yet does it mean what After the election, many pundits told And in addition to that, the Clean Air it says? Why do they not say it. President Clinton he should take a Act protects the health of every Amer- We need to say that in the bill. Clean page out of Harry Truman’s book and ican who lives in the cities. But as we air and safe drinking water are pre- know, pollution knows no geographic call us the do-nothing Congress. At the cious to the lives of American citizens. bounds. So it is very important for us rate it is going, he is going to call this The sponsors of the bill have a duty to to have national minimum standards. Republican group the Keystone Cops explain in clear, unambiguous, and This is very important for every Amer- Congress. concise language where in the bill do ican, at least every American who eats they provide for the vital protection of f food, drinks water, and breathes air. I the health and welfare of American urge my colleagues to oppose H.R. 5. workers. KEEP THE SUPER MAJORITY PRO- I intend to sponsor an amendment f VISION IN THE BALANCED BUDG- ET AMENDMENT which in express language will ensure b 1010 minimum Federal workplace safety (Mr. HAYWORTH asked and was standards, will not be abandoned and SUPPORT TRANSPORTATION given permission to address the House will be precise. TRUST FUNDS for 1 minute and to revise and extend I urge my colleagues to support my (Mr. SHUSTER asked and was given his remarks.) amendment. If they mean what they permission to address the House for 1 Mr. HAYWORTH. Mr. Speaker, it has say, say it in the bill and support the minute and to revise and extend his re- been interesting to hear the arguments amendment. marks.) by the keepers of the old order with January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 415 reference to a super majority provision licans from changing the culture of The simple fact is the Safe Drinking in a balanced budget amendment. Washington. Water act is costing one of my little Some point out that even when it Mr. Speaker, the American people towns nearly $2 million, and their comes to treaties in the other body, a elected a Republican majority in No- water already tests clean. Their total super majority is required there, but vember. They sent a clear message: budget is less than $3 million. That is that is a very, very special case. Clean up the way Congress conducts its what they care about. They are sick Taking into account that treaties are business. and tired of ignoring what is impor- quite properly the purview of the other We promise to bring to the floor is- tant. That is getting about the people’s body, let me ask this, Mr. Speaker: sues that the American people want to business, not listening to book deals. What is a treaty, after all, if not a see, including unfunded mandate legis- Let us get to work and stop quib- compact or a contract? lation and a balanced budget amend- bling. They are starting to ask if we I humbly propose that our Contract ment. We are working to change the are children, and really, I do not think With America is in essence a peace culture of Washington to bring dis- we are. treaty with the hard-working, tax- cipline to Congress. f paying men and women of this country, Mr. Speaker, it is time to get on with saying that a super majority should be the business at hand. I want to change CHILDISHNESS IN PROTECTING AN required to increase taxes. Let us move Congress, while some Democrats just IMPERIAL SPEAKERSHIP forward on the balanced budget amend- want to change the subject. (Mrs. SCHROEDER asked and was ment and enact the Contract With f given permission to address the House America. for 1 minute and to revise and extend f CALLING FOR OPENNESS AND AN her remarks.) END TO CLOSED DOOR MEETINGS Mrs. SCHROEDER. Mr. Speaker, I THE IMPERIAL SPEAKERSHIP (Mr. TORRES asked and was given would just like to make the record GOES TOO FAR permission to address the House for 1 straight on this, whether or not we are (Mr. FRANK of Massachusetts asked minute and to revise and extend his re- being childish. This morning I read a and was given permission to address marks.) woman in Vienna was sent to prison for the House for 1 minute.) Mr. TORRES. Mr. Speaker, following 3 months for criticizing Maria Teresa, Mr. FRANK of Massachusetts. Mr. this past week’s events regarding the who has been dead for 131 years, be- Speaker, having worked very hard this Speaker’s book deal it has become cause the Austrians will not tolerate weekend, having made a special round clear to us here in Congress that the anyone picking on their royalty, dead trip here to interrupt my weekend in Republicans do not want the American or alive. my district to work on the Mexico loan people to know about the details. We all say ‘‘Aren’t we glad we are bill, trying in cooperation with other I ask, is it coincidence that Repub- Americans? That cannot happen here,’’ Members to put together a set of condi- lican members of the House Commerce except we now have a memo from the tions that would allow us to respond to Committee met yesterday in a closed other side of the aisle saying they are a potential crisis in a way that met door session with the CEO’s of major going to stop all business here if we do Members’ concerns, I was appalled to telecommunications companies— not stop pointing out there are some see a memorandum from the chairman among them multimillionaire publish- really troubling conflict of interest is- of the Committee on Banking and Fi- ing magnate Rupert Murdoch? sues that we have with the Speaker nancial Services on the Republican And today’s Washington Post reports and his continuing fox hunt as he looks side threatening us that if we did not that Speaker GINGRICH addressed the to what he is going to do with this desist in our speaking about disagree- group at a closed dinner last night. book deal. ments with the Speaker of the House, Is it coincidence that Democrats are That, to me, sounds like it is being this would jeopardize the Mexico loan being silenced and ruled out of order childish. That sounds like a tantrum. bill. when questioning the book deal? It looks like a tantrum. I think there Members on the other side have said The Republicans have stated that is a real question about who is being that we must do the people’s business. they want a more open House—should childish in protecting this imperial There is no inconsistency between vig- the American people be shut out from speakership. orous debate where we disagree and knowing what happened last night be- f working together where we agree. This hind closed doors? b effort to threaten us into silence by What happened to letting the sun- 1020 telling us that if we continue to ex- shine in? TIME TO END WELFARE AS WE press our views on the unrelated issues Mr. Speaker, the American people KNOW IT we have about the Speaker, we will want to know. (Mr. FUNDERBURK asked and was therefore have them pull the plug on f given permission to address the House negotiations over the Mexico loan, for 1 minute and to revise and extend makes it clear who it is that is inter- CONGRESS MUST STOP QUIBBLING her remarks.) ested in blocking things. The imperial AND GET TO WORK Mr. FUNDERBURK. Mr. Speaker, speakership is being taken much too (Mrs. SMITH of Washington asked when Bill Clinton campaigned for far. and was given permission to address President as a new Democrat he prom- f the House for 1 minute and to revise ised to end welfare as we know it. But, and extend her remarks.) unfortunately, he talked right and gov- REPUBLICANS WANT TO CHANGE Mrs. SMITH of Washington. Mr. erned left. His first so-called reform ex- CONGRESS; DEMOCRATS WANT Speaker, I think what we are seeing panded welfare spending by $110 billion TO CHANGE THE SUBJECT here today is majoring in minors. The and jettisoned what was left of (Mr. EVERETT asked and was given American people want to hear about workfare. permission to address the House for 1 the business of this House. They want Mr. Clinton isn’t the first liberal to minute and to revise and extend his re- to hear about the promises we kept, or promise reform. Since 1965 we have marks.) are keeping, that we have made. They spent over $5 trillion on welfare and all Mr. EVERETT. Mr. Speaker, unfortu- are tired of quibbling. we have to show is disintegrating fami- nately, events on the House floor the I went home for a few days and found lies, children having children, burned last few days may have caused some that they go, ‘‘why are you guys fight- out cities, and a 30 percent illegit- viewers to think that the people’s ing? Why aren’t you working?’’ I want imacy rate. House is the most expensive day care to tell the Members, the bill before us Last November, the American people center in the world. It, of course, is today, the most important bill, is un- said, ‘‘enough is enough.’’ They want to not. The planned disruption by those funded mandates. That bill needs to be stop the vicious cycle of dependence with no ideas will not keep Repub- passed. We need to get to it. which has morally bankrupted three H 416 CONGRESSIONAL RECORD — HOUSE January 20, 1995 generations of Americans. Entitle- destroy bodies of water like Long Is- UNFUNDED MANDATE REFORM ments are not rights. Assistance, if land Sound and an absurd requirement ACT OF 1995 needed, must be temporary—2 years that New York City has to wash its jail The SPEAKER pro tempore (Mr. and you’re out. We need workfare now. cells three times a day are treated MCINNIS). Pursuant to House Resolu- If you can work—but won’t—don’t ask alike. Likewise, the authors of this bill tion 38 and rule XXIII, the Chair de- the taxpayer for help. We can no longer make no distinction between mandates clares the House in the Committee of afford a government which subsidizes to protect our children from abuse and the Whole House on the State of the single mothers who continue to have requirements on the format of govern- Union for the further consideration of more children. Unwed mothers must ment reports. the bill, H.R. 5. identify the fathers of their children Not all mandates are created equal, and we must rein in deadbeat dads who and this bill should not treat them the b 1027 refuse to support their families. same. Over the next few days, we are Mr. Speaker, time is running out, we going to discuss this issue. IN THE COMMITTEE OF THE WHOLE must act quickly and forcefully to end f Accordingly, the House resolved it- the liberal welfare state. For the sake self into the Committee of the Whole of every American, it really is past ME TOO, BUT House on the State of the Union for the time to end welfare as we know it. (Mr. HOKE asked and was given per- further consideration of the bill (H.R. f mission to address the House for 1 5) to curb the practice of imposing un- minute.) funded Federal mandates on States and CONGRESS SHOULD QUIT Mr. HOKE. Mr. Speaker, there are local governments, to ensure that the BICKERING AND GO TO WORK some strange new creatures roaming Federal Government pays the costs in- (Mr. BALLENGER asked and was the Halls of Congress these days. I am curred by those governments in com- given permission to address the House going to call them Metoobuts because plying with certain requirements under for 1 minute.) of the peculiar sound they make. We Federal statutes and regulations, and Mr. BALLENGER. Mr. Speaker, yes- just heard one. to provide information on the cost of terday I received a call from a very Let me tell you how to spot a Federal mandates on the private sec- angry constituent who had the unfortu- Metoobut. Their habitat is on the mi- tor, and for other purposes, with Mr. nate experience of watching yester- nority side of the aisle. To flush them EMERSON in the chair. day’s House proceedings. His message out, just make a statement of Repub- The CHAIRMAN. When the Commit- to me was simply: ‘‘Quit your bicker- lican principle, for instance, ‘‘We want tee of the Whole rose on Thursday, ing and get on with it.’’ to end unfunded mandates.’’ The Demo- January 19, 1995, all time for general Mr. Speaker, my constituent is right crats, who have never met a mandate debate had expired. on the money. We do need to get on they didn’t like, will say, ‘‘Me too, but Pursuant to the rule, the amendment with it and that is why the renewed * * *.’’ in the nature of a substitute printed in conviction I call on my fellow Members Or say that we Republicans want to House Report 104–2 is considered by ti- to join me in passing a balanced budget balance the budget. The Democrats, tles as an original bill for the purpose amendment. who approved all the spending that led of amendment. Each of the first four Because Congress has for years prov- to the mess we are in, will say, ‘‘Me sections and each title are considered en incapable of fiscal discipline, only a too, but * * *.’’ as read. strong tax limitation balanced budget We want to shrink the size of Govern- During consideration of the bill for amendment will force Congress to kick ment. ‘‘Me too, but * * *.’’ amendment, the Chairman of the Com- the habit of reckless spending. We want a middle-class tax cut. ‘‘Me mittee of the Whole may accord prior- I do recognize that Congress has tried too, but * * *.’’ ity in recognition to a Member offering in the past to restrain its voracious It is not just a case of the tiger an amendment that has been printed in spending, but somehow these efforts al- changing his stripes, it is more like the the designated place in the CONGRES- ways prove to be in vain. This must not tiger has become a vegetarian. SIONAL RECORD. Those amendments and cannot continue. Mr. Speaker, the American people will be considered as read. The American people have spoken. won’t buy this phony conservative con- The Clerk will designate section 1. They want a leaner and less intrusive version by the Democrats and after the The text of section 1 is as follows: government. They want us to put our American people witness the extraor- H.R. 5 financial house in order. And, finally, dinary effort we are making to change they want us to end politics as usual the Congress and keep our promises, I SECTION 1. SHORT TITLE. that leads to partisan bickering and think the Metoobuts may become an This Act may be cited as the ‘‘Unfunded gridlock. endangered species around here. Mandate Reform Act of 1995’’. f f The CHAIRMAN. Are there any amendments to section 1? NOT ALL MANDATES ARE NO MEMBER IS ABOVE CRITICISM The Clerk will designate section 2. CREATED EQUAL (Ms. WATERS asked and was given The text of section 2 is as follows: (Mrs. LOWEY asked and was given permission to address the House for 1 SEC. 2. PURPOSES. permission to address the House for 1 minute.) The purposes of this Act are— minute and to revise and extend her re- Ms. WATERS. Mr. Speaker, this (1) to strengthen the partnership between marks.) morning I awakened to a national news the Federal Government and States, local Mrs. LOWEY. Mr. Speaker, unfunded report that a Republican chairman of a governments, and tribal governments; mandates have gotten out of control. major committee has threatened the (2) to end the imposition, in the absence of State and local governments have President of the United States of full consideration by Congress, of Federal every reason to be frustrated. They do America. That chairman, Chairman mandates on States, local governments, and tribal governments in a manner that may need relief. But we were elected and LEACH, threatened that Republicans displace other essential State, local, and have a responsibility to do this right. will withdraw their support for the bi- tribal governmental priorities; Too much is at stake to just pass a bill partisan provision to bail out the peso (3) to assist Congress in its consideration without adequate hearings, without in Mexico if Democratic Members do of proposed legislation establishing or revis- really listening to the people and say it not stop criticizing the Speaker. ing Federal programs containing Federal is the answer and just ignore the con- No Member is beyond criticism. No mandates affecting States, local govern- sequences. Member should be placed in a special ments, tribal governments, and the private Not every mandate is the same, but position where we cannot unveil to the sector by— (A) providing for the development of infor- this bill paints them all with the same American public what we think is mation about the nature and size of man- brush. Under this bill, a mandate to going on. The truth must be unveiled. dates in proposed legislation; and prevent communities from dumping Instead of threatening us, we need an (B) establishing a mechanism to bring such toxic chemicals into rivers that then independent investigation. information to the attention of the Senate January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 417 and House of Representatives before the Sen- cluding a requirement to pay matching It is easy to posture and look good if ate and House of Representatives votes on amounts) unless the State is prohibited you don’t have to assume the respon- proposed legislation; under Federal law from requiring, without sibility for actually paying for what (4) to promote informed and deliberate de- consent of a local government, that the local cisions by Congress on the appropriateness of government perform the activities that con- you do. Federal mandates in any particular instance; stitute compliance with the mandate’’. While we may all condemn Governors (5) to establish a point-of-order vote on the Mr. CLINGER. Mr. Chairman, I re- and State legislators who engage in consideration in the Senate and House of serve a point of order against the such behavior, for State programs this Representatives of legislation containing behavior is beyond the jurisdiction of significant Federal mandates; amendment. Ms. LOFGREN. Mr. Chairman, I have the Congress to curtail. (6) to assist Federal agencies in their con- However, our jurisdiction is clear sideration of proposed regulations affecting three amendments that are really very States, local governments, and tribal govern- similar in three different sections of when the programs being off-loaded to ments, by— the bill. For efficiency’s sake only, I local governments are Federal pro- (A) requiring that Federal agencies develop ask unanimous consent to consider all grams. a process to enable the elected and other of- three at one time, en bloc. Take for example the AFDC program. ficials of States, local governments, and The CHAIRMAN. Is there objection Much has been said about a Federal- tribal governments to provide input when State partnership on welfare. but in Federal agencies are developing regulations; to the request of the gentlewoman and from California? California it is counties who admin- (B) requiring that Federal agencies prepare Mr. CLINGER. Mr. Chairman, reserv- ister the AFDC program, hamstrung as and consider better estimates of the budg- ing the right to object, I do so to find they are by State and Federal bureau- etary impact of regulations containing Fed- out which amendments the gentle- cratic rules. The non-Federal share of eral mandates upon States, local govern- woman proposes to offer en bloc. AFDC is not entirely paid for by State ments, and tribal governments before adopt- Ms. LOFGREN. Mr. Chairman, will government but is instead shifted to ing such regulations, and ensuring that county government as an unfunded small governments are given special consid- the gentleman yield? eration in that process; Mr. CLINGER. I yield to the gentle- mandate. Over the years, the county (7) to establish the general rule that Con- woman from California. share has increased without additional gress shall not impose Federal mandates on Ms. LOFGREN. The three amend- revenues provided by State govern- States, local governments, and tribal govern- ments were printed in the RECORD. It is ment. The State is now discussing ments without providing adequate funding to an amendment to section 2(7) to give shifting the entire non-Federal share comply with such mandates; and rights to local government vis-a-vis to county government. Mr. Chairman, (8) to being consideration of methods to re- State governments on Federal match- this is exactly the type of action we lieve States, local governments, and tribal seek to avoid in this bill. governments of unfunded mandates imposed ing programs, an amendment to sec- by Federal court interpretations of Federal tion 102(a)(1) that does the same thing Let me share some examples of the statutes and regulations. for the Commission study, and an magnitude of the existing problem. In The CHAIRMAN. Are there any amendment in section 301 that provides Santa Clara County, California’s fourth amendments to section 2? for the same rights of local govern- largest, less than 5 percent of the coun- ments. ty budget is available for local prior- b 1030 Mr. CLINGER. Mr. Chairman, I think ities. In Erie County, NY, of com- Mr. FATTAH. Mr. Chairman, I move I would really prefer that they be of- parable size, only 27 cents of every tax to strike the last word. fered separately because we are dealing dollar raised locally is available for Mr. Chairman, I think we are right there with three different sections, and local priorities. now working on an arrangement under one of them actually, I understand, was Counties and cities are at the bottom which my amendment would be with- to title III, and we are presently deal- of the political food chain. Under the drawn to this section. I ask unanimous ing with section 2. unfunded mandates bill before us, consent to take my amendment out of The CHAIRMAN. Objection is heard. States could agree to enter into large order at a later time. Ms. LOFGREN. Mr. Chairman, I have Federal matching funds in the future The CHAIRMAN. Is there objection been a Member of this body for 16 days, by allowing the non-Federal shares to to the request of the gentleman from but I served in local government for 14 be foisted off on local governments. Pennsylvania? years and understand from that experi- When this occurs the problems of un- Mr. CLINGER. Mr. Chairman, reserv- ence the real problems posed by un- funded Federal mandates will remain ing the right to object, I did not quite funded mandates. unresolved. And, frankly, given the hear the gentleman’s unanimous-con- One of the things I hoped to do as a magnitude of change and potential sent request. Member of this body was to support budget cuts looming in our future, it is The CHAIRMAN. The gentleman some relief from unfunded mandates. I reasonable to assume that this problem from Pennsylvania [Mr. FATTAH] asked hoped to be able to vote for a well- for local governments will get much that his right to offer his amendment crafted bill that would, in a thoughtful worse. be protected. He is not quite ready for and targeted manner, provide relief. The amendment I am proposing section 2 and wishes to preserve his Unfortunately, the bill before us today would give some protection to local right to offer his amendment. needs further work. The definitions of governments from unfunded Federal Mr. CLINGER. Mr. Chairman, I with- what is covered as a mandate and who mandates. It would allow local govern- draw my reservation of objection. is protected needs clarification. It is ments the same rights in dealing with The CHAIRMAN. Is there objection my hope that after considering various State government as the bill before us to the request of the gentleman from proposed amendments that will be of- give States in dealing with the Federal Pennsylvania? fered to this bill I will be in a position Government when Federal matching There was no objection. to enthusiastically support it. The programs are at issue. The CHAIRMAN. Are there amend- amendments which I am offering are All of the polling data I have re- ments to section 2? part of the effort to improve this bill. viewed indicate that the most popular AMENDMENT OFFERED BY MS. LOFGREN In all honesty, while Federal man- level of government is local govern- Ms. LOFGREN. Mr. Chairman, I offer dates that were unfunded did some- ment. There is a reason for this. The an amendment. times create problems for the local average citizen cannot saunter down to The CHAIRMAN. The Clerk will des- government in which I served, even the State House or the House of Rep- ignate the amendment. greater problems were caused by un- resentatives. They can easily go down The text of the amendment is as fol- funded mandates imposed by the State to the city council or board of super- lows: of California upon county government. visors and be heard. Action can be im- Amendment offered by Ms. LOFGREN: In The phenomena is the same as that mediate. There is another reason why section 2(7), before this semicolon insert the which has sparked the movement to the American people have more con- following: ‘‘, and that congress shall not im- curtail unfunded mandates at the Fed- fidence in the government that is clos- pose any Federal mandate on a State (in- eral level. est to them. H 418 CONGRESSIONAL RECORD — HOUSE January 20, 1995 If we are to ameliorate the terrible States in fact have moved to rectify believe, later that the gentlewoman problems that face our country, we will this over the last years, the State of may offer with regard to having the need to engage the creativity and en- Florida being one, where by referen- commission look at this issue. ergy of communities across this great dum the citizens there have stopped Mr. DREIER. Mr. Chairman, I move Nation. This cannot be done from the unfunded mandate flow to local to strike the requisite number of Washington and it cannot be done from governments. words. a State capital. It has to happen right b 1040 I, too, am very sympathetic with the in a community with local leadership. statements made by my new local The commission is going to be able to The American people understand this elected official background colleague look at this under this legislation, and so should we. from California. But I, too, am con- come back and report to Congress, and If we allow Federal mandates to trav- cerned, as my friends have said, that at that point, I think we will have a el down the political food chain to this could actually be perceived as the local governments we will help to in- basis on which to operate. I think although the purpose is good Federal Government imposing a man- sure that the local creativity we need date, and it strikes me that as we look to deal with problems never has a here, this is probably premature at this point, and for that reason I think it at the mandates which have been im- chance to get moving. We cannot allow posed from the State level into local local governments to be saddled with should be defeated. Mr. PORTMAN. Mr. Chairman, I governments, it is true that they have the cost and bureaucracy of federally been very onerous, and it is obvious mandated programs that miss the move to strike the requisite number of words and rise in opposition to the that local elected officials want to do mark when we need them to be cre- everything they possibly can to dra- atively and effectively innovating amendment. Again, Mr. Chairman, I think all of matically reduce the imposition of change. those constraints on local govern- The committee report says that H.R. us are very sympathetic to this pur- pose in the amendment. ments. 5’s purpose is to ‘‘strengthen the part- But it seems to me that for Washing- nership between the Federal Govern- I would point out, however, to the gentlewoman from California that this ton to actually dictate that in any way ment and State and local govern- to the State level would be a mistake. ments.’’ Unless we adopt the amend- is in the purposes clause, and I think if While I am sympathetic with the goal, ment which I have proposed, we will we were to accept it it would be, in a sense, misleading in the sense this leg- I do not believe that relying on the fail in this mission. There will be no ef- islation, of course, H.R. 5, does not, in- Federal Government is the proper place fective partnership with local govern- deed, do what this amendment would to do that. ment created by H.R. 5. That would be state. It does not insure that the Mrs. COLLINS of Illinois. Mr. Chair- a sad mistake and a disappointing States do not pass along those costs to man, I move to strike the requisite missed opportunity. For true partner- the local government. number of words. ship, all parties need both responsibil- So I would think that it would be in- I yield to the gentlewoman from ities and rights. This amendment appropriate to make such a misleading California [Ms. LOFGREN]. would give rights along with respon- statement in the purposes clause. Ms. LOFGREN. I would just answer sibilities to local governments when Ms. LOFGREN. Mr. Chairman, will to my colleague from California that I Federal matching-fund programs are at the gentleman yield? issue. I urge passage of the amend- think there is a legitimate Federal Mr. PORTMAN. I yield to the gentle- issue here. The proposed amendment ment. woman from California. The CHAIRMAN. Does the gentleman would deal only with Federal programs Ms. LOFGREN. My intent in offering where a matching requirement is in from Pennsylvania [Mr. CLINGER] insist it in the purposes clause has to do with place. on his point of order? making later amendments germane Mr. CLINGER. Mr. Chairman, I do Under the bill, mandates that are and, secondarily, in the entire commit- matching are really not covered as not. I withdraw my point of order. tee report and hearings we talked The CHAIRMAN. The gentleman mandates, and so we can see a phe- about creating partnerships between nomenon in the future such as occurred withdraws his point or order. States, local governments, and the Mr. CLINGER. Mr. Chairman, I rise in the past in California and other Federal Government, and my point is, States where a State will agree to in opposition to the amendment. and I understand this is a new proposal, Mr. Chairman, just briefly I would enter into a program; there is a Fed- and I was not here to work on the old eral purpose which is why we are dis- say I certainly am sympathetic with bill, but unless we give some rights to what the gentlewoman is trying to do. cussing it here today, and agree to as- local government on Federal matching sume a share of the cost, because it is I think we have all been frustrated fund programs, we will not create a a helpful program. That is all well and with the fact that the Federal Govern- true partnership. good so long as that State accepts the ment has sort of willy-nilly imposed re- I think it would be a terrible mis- responsibility for actually paying their quirements, mandates on States who in take. share. turn pass them through to State and Mr. PORTMAN. Reclaiming my time, If, however, State government is al- local governments. But I do think that again, I think those purposes are noble, this is in effect giving the States a veto and I think some of the gentlewoman’s lowed to essentially dump that burden power in effect over what we can do concerns will be addressed in a later off to local governments, then really here. I think we have extended the amendment that she may well offer the intent of H.R. 5, which is to have reach of what we are trying to do in with regard to the commission in look- the people who are making decisions be this legislation much further than I ing at this issue. accountable, responsible for what they think the intent is, which is not cer- I would say again the purposes of this do will be frustrated. We will not tainly to give the States veto powers in legislation are to deal with unfunded achieve the goal which we seek, and this instance. Federal mandates at every level in- that is why the amendment is limited So for that reason I would have to cluding at the local level, of course, only to Federal matching programs. oppose the amendment. and I think it would be unwise for us to Mr. DREIER. Mr. Chairman, will the Mr. DAVIS. Mr. Chairman, I move to put into the purposes clause that this gentlewoman yield? strike the last word. legislation insures that States cannot Mrs. COLLINS of Illinois. I yield to Mr. Chairman, one of my concerns is do what is within their purview and not the gentleman from California. in dealing with the coalitions that put within the purview of Congress which Mr. DREIER. I thank the gentle- this together, including State govern- is their dealings, their own partner- woman for yielding. ments and local governments together, ship, as it were, with the local govern- I will simply say that I do have con- and this of course cuts right through ments. cerns about what would be still inter- that coalition and breaks it up. There I would say this would not be the ap- preted as the Federal Government is a huge problem with States mandat- propriate place to deal with it. I do being involved, even though these are ing on localities, and a number of plan to support the amendment later, I Federal programs imposing what would January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 419 be interpreted as a mandate at the the passthrough effect that just simply b 1050 State level, and it is for that reason does not make a lot of good sense. But I would argue as well that in the that I am inclined to oppose the If we are serious about having man- interim we do need to take steps, espe- amendment, although, as I said, I am dates not imposed on people that are cially considering the cuts that are very sympathetic with it. unfunded, then support the gentle- likely to occur in this Congress and the Mr. MILLER of California. Mr. Chair- woman’s amendment. very high probability that the budget man, will the gentlewoman yield? Mr. PORTMAN. Mr. Chairman, I of those cuts will be shifted to local Mrs. COLLINS of Illinois. I yield to move to strike the last word. government and not assumed by the the gentleman from California. State government and the citizens Mr. MILLER of California. Mr. Chair- POINT OF ORDER themselves will be distressed. We will man, I just want to thank the gentle- Mr. VOLKMER. Mr. Chairman, point fail in our mission to provide man- woman for yielding. of order. dates, really which I am very much in I rise in support of this. I think this The CHAIRMAN. The gentleman will favor of after my 14 years on the board amendment really highlights one of the state his point of order. of supervisors in Santa Clara County. concerns that we have, and that is to Mr. VOLKMER. Mr. Chairman, has Mr. VENTO. Mr. Chairman, will the some extent some of the duplicity of the gentleman previously spoken on gentleman yield? the Governors who have come here and the amendment? talked about unfunded mandates and The CHAIRMAN. The gentleman is Mr. GOSS. Reclaiming my time, Mr. the burdens that the Federal Govern- correct. Chairman, I yield to the gentleman. ment pushes on to the Governors, even Mr. GOSS. Mr. Chairman, I move to Mr. VENTO. Mr. Chairman, I thank if it is for a local purpose and a Federal strike the requisite number of words. the gentleman from Florida, my friend, purpose, and then those very same I rise in opposition, and I yield to the for yielding. Governors turn around, do the same to gentleman from Ohio. Mr. Chairman, I would just point out local government in their States. They Mr. PORTMAN. Mr. Chairman, just I think this is one of the pitfalls with the legislation that we have before us. accept responsibility. Then they decide one additional point with regard to the It sort of is the blame game in terms of they cannot handle the financial as- comments of the gentlewoman from one unit of government, local, the pects of it, they turn around to the California. county governments, and States blam- counties. I think the logical extension of this ing the other for the challenges and un- In our own State of California, in amendment would then be to say to the pleasantness and dilemmas that they this last year, we have watched the counties, for example, that the coun- face. I think that is one of the prob- Governor come and scoop up local reve- ties cannot, under Federal law, pass lems inherent in this legislation that nues, take them to the State level, and along any mandate to the townships, we have before us with regard to man- then tell the counties that they had an as an example, and so forth. dates. additional burden for mental health I think this gets into an area that is and health care of individuals and for I was listening to a debate on public well beyond the scope of the legislation television which my colleague from probation and all these other pro- in the sense it is the Federal Govern- grams. They said you have to take care California was involved in, Mr. MILLER, ment, Congress, mandating what the with the Governor of Ohio, and all of of it, but the money has now gone to States do and mandating what the the State. That historically has hap- the problems of taxation issues in that counties do and mandating what the State were basically left at the door- pened in State after State after State. townships do and so on. Yet these Governors come to the Fed- step of the Federal Government, the I would also say the gentlewoman’s eral legislature somehow wanting us to U.S. Congress. Inherent in this is some amendment would go well beyond this believe that they have clean hands of that same aspect. I think, clearly as legislation, perhaps beyond at least the when they come before us and suggest we deal with Federal law, as States way it was described by the sponsor of they would never think of such a thing deal with State law, as ordinances in the legislation, by the sponsor of the as an unfunded mandate. Yet every- counties deal with the various laws body here who has worked in local gov- amendment, in the sense it prohibits, that they have, the issue is there has ernment knows it happens to you each as I read it, any mandate being im- to be a consideration of the require- and every day. posed on a State. It is a flat prohibi- ments, the expectations that we have, In California they are so brazen, tion. realistically at all of these levels. when the legislature passes an un- As will be discussed later at length in Quite candidly, as I had stated yester- funded mandate, they pass boilerplate this legislation, this legislation is not day on the floor, I think too often the language that says, ‘‘Under S.B. 90, a flat ban on all mandates. This legis- representation is one of confrontation this is not an unfunded mandate, and lation sets up a process and provides rather than cooperation. do it anyway.’’ And that is the situa- for a thoughtful debate and then ac- Inherent in our basic documents in tion that the gentlewoman from Cali- countability and a majority vote on a the form of Government that we have fornia is trying to get at is that it is waiver of a point of order on a man- is the understanding that there is co- not good enough, if you believe in this date. In other words, there is discus- operation between the States, between arrangement that you are talking sion and informed debate. That is the the Federal Government, between the about in this legislation. purpose of the legislation. various counties and local governments All you have really done now is made Again, I think this amendment in the that make up the response and service things more difficult for the most local purposes clause would be misleading at to the people that we represent. Unfor- forms of government as they continue the least, probably more so it would be tunately, I think that this legislation to receive these State unfunded man- inconsistent with the rest of the legis- does not, as it is now drafted, come to dates, if you will, as the States con- lation as I read it. grips with that. I think it puts in place tinue to agree with the Federal Gov- Mr. GOSS. Reclaiming my time, I unrealistic expectations and require- ernment about the purposes of these yield to the distinguished colleague, ments that simply add layer after layer programs. the gentlewoman from California. of bureaucracy. It is as if we are now Mrs. COLLINS of Illinois. I would Ms. LOFGREN. I would just say that going to have, instead of working urge all of my colleagues to support I think local governments throughout through the local police and State po- this amendment, because if we are real- our country place their hopes on us to lice powers, we are going to have Fed- ly writing this bill to lower the costs of stand up for them today. eral marshals reoccur in these in- mandates for localities, we just have to I will offer later today an amendment stances. I think it offers real problems. recognize that much of these costs are to ask the commission that is proposed I think this amendment in the pur- really State mandates, and when to review this, and I am hopeful there poses clause is coherent and appro- States mandate that localities do cer- will be support for that and ultimately priate. I am surprised the major spon- tain kinds of services without provid- there will be relief for the cities and sors of this are reluctant to accept this ing those kinds of funds, you do have counties of America. as one of the purposes, because one of H 420 CONGRESSIONAL RECORD — HOUSE January 20, 1995 the purposes is, obviously, to try to de- I am particularly mindful of the two The question was taken; and the velop this cooperative attitude, to have very great benefits we are going to get Chairman announced that the noes ap- a two-way street with regard to the out of this legislation when we are peared to have it. type of responsibilities and roles of through with it after this very open de- RECORDED VOTE local governments as they relate to the bate that we are having, is we are Ms. LOFGREN. Mr. Chairman, I de- States. going to start having price tags and mand a recorded vote. We all understand in our Constitu- start having accountability. Both of The CHAIRMAN. So many as are in tion the unique difference between those are tremendous pluses. We are favor of taking this vote by recorded powers reserved to the States, solely also going to have trouble with what vote will stand and be counted. reserved to the States, and the local are the priorities and how much are we Mr. WISE. Mr. Chairman, I have a governments really are not even recog- going to spend? I think that is the es- point of order. nized in that. They are an artifice, in sence of democracy. I think we set up The CHAIRMAN. The gentleman will fact, of the States themselves. And, of a pretty good system. state his point of order. course, they differ from State to State. Mr. CUNNINGHAM. Mr. Chairman, I Mr. WISE. Mr. Chairman, I make the The CHAIRMAN. The time of the move to strike the requisite number of point of order that a quorum is not gentleman from Florida [Mr. GOSS] has words, and I rise in opposition to the present. expired. amendment. The CHAIRMAN. The Chair will (On request of Mr. VENTO and by Mr. Chairman, 2 weeks ago I was count for a quorum. unanimous consent, the gentleman elected to represent the Committee on Does the gentleman from West Vir- from Florida [Mr. GOSS] was allowed to Economic and Educational Opportuni- ginia [Mr. WISE] insist on his point of proceed for 3 additional minutes.) ties with the Republican Governors on order? The CHAIRMAN. The gentleman may welfare reform. The No. 1 issue among Mr. WISE. Mr. Chairman, I withdraw proceed. the Governors, Republicans and Demo- the point of order. Mr. VENTO. Mr. Chairman, will the crats, was unfunded mandates. A recorded vote was ordered. gentleman yield? They went through—there are 366 Mr. GOSS. I will yield briefly to the The CHAIRMAN. This will be a 17- welfare programs, and under the pro- gentleman from Minnesota. minute maximum vote. grams—AFDC, of course, is covered by Mr. VENTO. I thank the gentleman The vote was taken by electronic de- Ways and Means, then food stamps by for yielding further. vice, and there were—ayes 157, noes 267, the Committee on Agriculture, and Mr. Chairman, I wanted to summa- not voting 10, as follows: rize by saying that I think that accept- work programs and so on by the Eco- [Roll No. 22] nomic and Educational Opportunity ing this as a purpose in terms of rec- AYES—157 Committee. ognition and really the complaint and Abercrombie Green Pallone the growth of this has been from the Each one of those organizations has Ackerman Gutierrez Pastor grassroots. It has not—the States are got mandates which go down, and we Baesler Hall (OH) Payne (NJ) Baldacci Hastings (FL) Payne (VA) late to this particular process, and I are trying to block grant those. I un- derstand what the gentlewoman is try- Barrett (WI) Hefner Pelosi think, in most instances, wrong when Becerra Hilliard Pickett we are talking about grants in aid, ing to do. The Governors would have us Beilenson Hinchey Pomeroy talking about entitlements, the sort of just give them the money without any Bentsen Holden Poshard accountability or responsibility for Berman Hoyer Rahall extraordinary basis. Most of those pro- Bishop Jackson-Lee Rangel grams are, in essence, voluntary. what the money is used for. That is Bonior Jacobs Reed In any case, I think this points up why I sympathize, but we do it in a lit- Borski Jefferson Richardson the nature of the problem. I am, you, tle better direction. We do have to hold Boucher Johnson, E. B. Rose them accountable for certain areas. We Brown (CA) Johnston Roybal-Allard know stunned that there is no recogni- Brown (FL) Kanjorski Rush tion or acceptance, at least in the pur- do have to have accounting for the dol- Brown (OH) Kaptur Sanders poses of this, as a problem, and I think lars. Bryant (TX) Kennedy (MA) Schroeder But what the problem is, when we Clay Kennedy (RI) Schumer the gentlewoman has a good point Clayton Kennelly Scott here, and I hope the Members would give the State unfunded mandates, we Clyburn Kildee Serrano agree. blame the States because they are giv- Collins (IL) Kleczka Sisisky Mr. CLINGER. Mr. Chairman, will ing unfunded mandates, they have to Collins (MI) Lantos Skaggs literally give State mandates because Conyers Lewis (GA) Slaughter the gentleman from Florida yield? Costello Lipinski Spratt Mr. GOSS. I am very happy to yield of our mandate. I mean it is a vicious Coyne Lofgren Stark to the gentleman from Pennsylvania. circle. That is what the Governors, Re- Danner Lowey Stokes publicans and Democrats, vowed to de la Garza Maloney Studds Mr. CLINGER. I thank the gen- DeFazio Manton Stupak tleman for yielding. eliminate because they can be much DeLauro Markey Tejeda Just briefly to say that the objection more efficient in this process. Dellums Martinez Thompson here is not the intent of what the gen- We look at well-meaning mandates, Deutsch Mascara Thornton that we have given, say, for our States, Dicks Matsui Thurman tlewoman is trying to accomplish. It is Dingell McCarthy Torres beyond what we have in this bill, which for California, I say to the gentle- Dixon McDermott Torricelli is a point of order would lie against woman from California: The Brady bill, Doggett McHale Towns this. This is an absolute veto over the the motor-voter bill, endangered spe- Doyle McKinney Traficant Durbin McNulty Tucker power of us to do anything in this re- cies, clean air, clean water, and, yes, Engel Meek Velazquez gard. So it is an extension. even illegal immigration mandates Eshoo Menendez Vento Let me assure the gentlewoman, that we fight. We have got to kill these Evans Mfume Visclosky intrusive mandates and focus. For ex- Farr Miller (CA) Volkmer though, that in the proposal I think Fattah Mineta Ward she is going to offer later in the day re- ample, in education we only get 23 Fazio Mink Waters lating to the same issue, I think we cents out of every dollar to the class- Fields (LA) Moakley Watt (NC) could be very helpful in that regard, room. Why? Because of bureaucracy Filner Mollohan Waxman Foglietta Montgomery Williams and I think that makes better sense and the burdensome mandates. Ford Nadler Wilson than what we are dealing with here. I appreciate what the gentlewoman is Frank (MA) Neal Wise Mr. GOSS. Reclaiming my time, I trying to do, but I have to oppose the Frost Oberstar Woolsey think the chairman has laid it out amendment because I think there is a Gejdenson Obey Wyden Gephardt Olver Wynn well. I, too, am a mayor and former better way to do it and we will come up Gonzalez Ortiz county chairman, and I understand the with the amendment. I will support the Gordon Owens problem of these mandates. I think we gentlewoman’s further amendment. NOES—267 have crafted a way here, and we are The CHAIRMAN. The question is on Allard Bachus Ballenger going in the right direction to get the the amendment offered by the gentle- Andrews Baker (CA) Barcia desired result. woman from California [Ms. LOFGREN]. Armey Baker (LA) Barr January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 421 Barrett (NE) Geren Myrick Messrs. SALMON, COLEMAN, local governments but also be able to Bartlett Gilchrest Nethercutt Barton Gillmor Neumann LIGHTFOOT, KLINK, MCINTOSH, and look at the mandates that States can Bass Gilman Ney PETERSON of Florida changed their put on local governments and local Bateman Goodlatte Norwood vote from ‘‘aye’’ to ‘‘no.’’ governments put on individuals. That Bereuter Goodling Nussle Mr. THOMPSON, Ms. EDDIE BER- would be part of their overall report, as Bevill Goss Orton Bilbray Graham Oxley NICE JOHNSON of Texas, and Messrs. they come back to us. Bilirakis Greenwood Packard VISCLOSKY, MCHALE, and TEJEDA This will allow that Commission the Bliley Gunderson Parker changed their vote from ‘‘no’’ to ‘‘aye.’’ opportunity to address those issues, Blute Gutknecht Paxon Boehlert Hall (TX) Peterson (FL) So the amendment was rejected. which I think is very important. Boehner Hamilton Peterson (MN) The result of the vote was announced Mandates that are crippling local- Bonilla Hancock Petri as above recorded. ities today do not all emanate from the Bono Hansen Pombo Federal Government. A lot of this is Brewster Harman Porter b 1120 Browder Hastert Portman trickled down from the States to local Brownback Hastings (WA) Pryce Mr. FATTAH. Mr. Chairman, I move governments as well. This amendment Bryant (TN) Hayes Quillen to strike the last word. really will allow the Commission to re- Bunn Hayworth Quinn Mr. Chairman, I would like to thank Bunning Hefley Radanovich port and give us a data base where we Burr Heineman Ramstad the gentleman from Virginia [Mr. can proceed accordingly. Burton Herger Regula DAVIS] and the gentleman from Penn- Mr. FATTAH. Mr. Chairman, will the Buyer Hilleary Riggs sylvania [Mr. CLINGER] and also the gentleman yield? Callahan Hobson Rivers ranking member from the minority Calvert Hoekstra Roberts Mr. DAVIS. I yield to the gentleman Camp Hoke Roemer party, the gentlewoman from Illinois. from Pennsylvania. Canady Horn Rogers We have come to an arrangement Mr. FATTAH. Mr. Chairman, I do Cardin Hostettler Rohrabacher whereby I will be withdrawing amend- Castle Houghton Ros-Lehtinen think it is important that we not be Chabot Hunter Roth ment No. 12. I would like to then move opposed to the tyrant but that we be Chambliss Hutchinson Roukema amendment No. 13. That amendment opposed to the tyranny and that if we Chapman Hyde Royce has been agreed to by all sides. want to look at this issue that we have, Chenoweth Inglis Sabo AMENDMENT OFFERED BY MR. FATTAH Christensen Istook Salmon we do it in a broad brush. Chrysler Johnson (CT) Sanford Mr. FATTAH. Mr. Chairman, I offer I thank the gentleman for his co- Clement Johnson (SD) Sawyer an amendment. operation. Clinger Johnson, Sam Saxton The CHAIRMAN. The Clerk will des- Coble Jones Scarborough Mr. DAVIS. Mr. Chairman, this ad- Coburn Kasich Schaefer ignate the amendment. dresses many of the concerns of the Coleman Kelly Schiff The text of the amendment is as fol- gentlewoman from California that she Collins (GA) Kim Seastrand lows: had raised on the first amendment. But Combest King Sensenbrenner Condit Kingston Shadegg Amendment offered by Mr. FATTAH: In sec- instead of putting these into the pur- Cooley Klink Shaw tion 102(a), after paragraph (1) insert the fol- pose clause, where I do not believe it Cox Klug Shays lowing new paragraphs (and redesignate the belongs, it puts it where the Commis- Cramer Knollenberg Shuster subsequent paragraphs accordingly): Crane Kolbe Skeen sion can look at that and study these (2) investigate and review the role of un- matters and report back to us. Crapo LaFalce Skelton funded State mandates imposed on local gov- Cremeans LaHood Smith (TX) ernments, the private sector, and individ- Mr. MORAN. Mr. Chairman, I move Cubin Largent Smith (WA) to strike the requisite number of Cunningham Latham Solomon uals; Davis LaTourette Souder (3) investigate and review the role of un- words. Deal Laughlin Spence funded local mandates imposed on the pri- I seek recognition to speak on behalf DeLay Lazio Stearns vate sector and individuals; of the comments that were made from Diaz-Balart Leach Stenholm At the end of section 102, add the following the gentleman from Virginia. Dickey Lewis (CA) Stockman new subsection: Dooley Lewis (KY) Stump I do think it is terribly important to Doolittle Lightfoot Talent (e) STATE MANDATE AND LOCAL MANDATE set up a structure where we do have DEFINED.—As used in this title: Dornan Linder Tanner constant communication with States Dreier Livingston Tate (1) STATE MANDATE.—The term ‘‘State Duncan LoBiondo Tauzin mandate’’ means any provision in a State and localities. There will be an amend- Dunn Longley Taylor (MS) statute or regulation that imposes an en- ment coming up subsequently where we Edwards Lucas Taylor (NC) forceable duty on local governments, the pri- will ask the Advisory Commission on Ehlers Luther Thomas vate sector, or individuals, including a condi- Emerson Manzullo Thornberry Intergovernmental Relations to set up English Martini Tiahrt tion of State assistance or a duty arising that structure. Ensign McCollum Torkildsen from participation in a voluntary State pro- Mr. DAVIS. Mr. Chairman, will the Everett McCrery Upton gram. gentleman yield? Ewing McDade Vucanovich (2) LOCAL MANDATE.—The term ‘‘local man- Fawell McHugh Waldholtz date’’ means any provision in a local ordi- Mr. MORAN. I yield to the gentleman Fields (TX) McInnis Walker nance or regulation that imposes an enforce- from Virginia, if he sees this as con- Flanagan McIntosh Walsh able duty on the private sector or individ- sistent with the points that he was just Foley McKeon Wamp Forbes Meehan Watts (OK) uals, including a condition of local assist- making. Fowler Metcalf Weldon (FL) ance or a duty arising from participation in Mr. DAVIS. Mr. Chairman, I think it Fox Meyers Weldon (PA) a voluntary local program. is consistent with the points. Franks (CT) Mica Weller Mr. FATTAH. Mr. Chairman, we have Mr. MORAN. Mr. Chairman, I cer- Franks (NJ) Miller (FL) White Frelinghuysen Minge Whitfield a lot of work in front of us so I will not tainly support that. I think it is ter- Frisa Molinari Wicker debate this. ribly important, with all of these is- Funderburk Moorhead Wolf I would like to thank the parties on sues that come before us, that we not Furse Moran Young (AK) Gallegly Morella Young (FL) both sides of the aisle for this amend- operate in a vacuum, that we in fact be Ganske Murtha Zeliff ment being agreed to and would ask for guided by State and local leaders to Gekas Myers Zimmer its favorable consideration. tell us what is working and what is not NOT VOTING—10 Mr. DAVIS. Mr. Chairman, I move to and how we might make some of these strike the last word. programs work better. Archer Levin Smith (NJ) Ehrlich Lincoln Yates Let me thank the gentleman from The real motivating force behind this Flake Reynolds Pennsylvania [Mr. FATTAH] for offering whole unfunded mandate legislation is Gibbons Smith (MI) this. Mr. Chairman, we accept this existing law and existing regulations. b amendment. So we could accomplish the most by 1117 This amendment will allow the Com- communicating with the people who The Clerk announced the following mission that is overseeing to make a are most adversely impacted, working pair: report to the Congress within 1 year, to with the executive branch to figure out On this vote: come back and look not only at the ef- how to most efficiently carry out the Mr. Levin for, with Mr. Ehrlich against. fect of Federal mandates on State and original intent of the legislation, not H 422 CONGRESSIONAL RECORD — HOUSE January 20, 1995 to apply a cookie-cutter approach, not of the State, the Federal Government, There was no objection. to be unreasonable, not to be unilateral and the local governments, I believe The CHAIRMAN. The Clerk will des- in our decisionmaking up here in Wash- that the Advisory Council on Intergov- ignate the amendments. ington without communicating to ernmental Relations will play a more The text of the amendments is as fol- States and localities. crucial role as a result of this amend- lows: If we can do that, and I think the Ad- ment offered today. I think this goes Amendments offered by Mr. TAYLOR of visory Commission on Intergovern- for all of us in government working to- Mississippi: In section 4, strike ‘‘or’’ after mental Relations is the ideal group to gether. the semicolon at the end of paragraph (6), do that because it is bipartisan, it is In that regard I think we are pre- strike the period at the end of paragraph (7) fully representative of States and lo- pared to accept the amendment. and insert ‘‘, or’’, and after paragraph (7) add calities, then I think we will have ac- Mr. MORAN. Mr. Chairman, I thank the following new paragraph: complished the principal objective of the gentleman, and agree with his com- (8) provides for protection of public health this legislation, which is that kind of ments. through effluent limitations (as that term is The CHAIRMAN. The question is on defined in section 502(11) of the Federal communication within the context of Water Pollution Control Act (33 U.S.C. federalism. the amendment offered by the gen- 1362(11)). tleman from Pennsylvania [Mr. b 1130 In section 301, in the proposed section 422 FATTAH]. of the Congressional Budget Act of 1974, Mr. CLINGER. Mr. Chairman, will The amendment was agreed to. strike ‘‘or’’ after the semicolon at the end of the gentleman yield? The CHAIRMAN. Are there further paragraph (6), strike the period at the end of Mr. MORAN. I am pleased to yield to amendments to section 2? paragraph (7) and insert ‘‘; or,’’, and after the gentleman from Pennsylvania. If not, the Clerk will designate sec- paragraph (7) add the following new para- Mr. CLINGER. Mr. Chairman, I tion 3. graph: would state that I am very sympa- The text of section 3 is as follows: (8) provides for protection of public health through effluent limitations (as that term is thetic to the gentleman’s concern SEC. 3. DEFINITIONS. defined in section 502(11) of the Federal For purposes of this Act— about the Commission and the ACIR as Water Pollution Control Act (33 U.S.C. (1) the terms ‘‘agency’’, ‘‘Federal financial being the proper receptacle. There will 1362(11)). be an amendment offered in this re- assistance’’, ‘‘Federal private sector man- date’’, ‘‘Federal mandate’’ (except as pro- Mr. TAYLOR of Mississippi. Mr. gard. The Senate has already made vided by section 108), ‘‘local government’’, Chairman, let me begin by thanking that change. I think this will be an ad- ‘‘private sector’’, ‘‘regulation’’ or ‘‘rule’’, the Committee on Rules and the chair- dition to the bill which will be very and ‘‘State’’ have the meaning given those man, the gentleman from Pennsylvania helpful. terms by section 421 of the Congressional [Mr. CLINGER], for bringing this bill to Mr. MORAN. Mr. Chairman, I am Budget Act of 1974; and the floor under an open rule so all pleased to hear that. (2) the term ‘‘small government’’ means points of view could be heard as we try Mr. Chairman, let me just respond to any small governmental jurisdiction as de- fined in section 601(5) of title 5, United to perfect this legislation. I think that the chairman of the committee, the States Code, and any tribal government. is the key word, is that we are trying gentleman from Pennsylvania. When to perfect this legislation, not to defeat title I of this bill comes up, Mr. Chair- The CHAIRMAN. Are there any it, because it is a good bill. man, I plan to, and in fact I think the amendments to section 3? gentleman from New Mexico [Mr. If there are no amendments to sec- We are here today discussing un- tion 3, the Clerk will designate section funded mandates because in previous SCHIFF], the gentleman from Virginia 4. years Congress has hastily passed laws [Mr. DAVIS], and several others, I am The text of section 4 is as follows: one of the sponsors as well of an without regard to their effect on State amendment that will clarify that ACIR SEC. 4. LIMITATION ON APPLICATION. and local governments. Laws that we This Act shall not apply to any provision thought would help people actually would carry out that function. in a Federal statute or a proposed or final Mr. VOLKMER. Mr. Chairman, will hurt them, because we did not take the Federal regulation, that— time to see them through. We appear the gentleman yield? (1) enforces constitutional rights of indi- Mr. MORAN. I yield to the gentleman viduals; to be doing that again today. from Missouri. (2) establishes or enforces any statutory I offer an amendment to H.R. 5, the Mr. VOLKMER. Mr. Chairman, I rights that prohibit discrimination on the Unfunded Mandate Reform Act of 1995, want to take the time very briefly to basis of race, religion, gender, national ori- to help prevent this mistake from re- gin, or handicapped or disability status; commend the gentleman from Virginia curring. This amendment will provide (3) requires compliance with accounting for the protection of public health by [Mr. MORAN] for his input into this and auditing procedures with respect to type of legislation for these good many grants or other money or property provided including sewage treatment regulation past years. The gentleman is recog- by the Federal Government; in the language of the bill. nized as a former mayor of Alexandria, (4) provides for emergency assistance or re- Our citizens pay taxes and they want who did an outstanding job while lief at the request of any State, local govern- to see positive results. They receive in- mayor of Alexandria, and has through ment, or tribal government or any official of stant gratification when local govern- the years worked with these kinds of such a government; ments pave the streets, improve the (5) is necessary for the national security or quality of the drinking water, or in- problems and is very knowledgeable the ratification or implementation of inter- and to the impact that Federal man- national treaty obligations; crease police protection to provide a dates, State mandates, and others have (6) the President designates as emergency highly visible deterrent to crime. on local government. legislation and that the Congress so des- Mr. Chairman, wastewater is a dif- Mr. Chairman, I want to commend ignates in statute; or ferent matter. While sinks, showers, the gentleman from Virginia for all the (7) pertains to Social Security. and commodes are draining properly, work that he has done on this type of The CHAIRMAN. Are there any people do not care where it goes as long legislation. amendments to section 4? as it goes away. Therein lies the prob- Mr. MORAN. Mr. Chairman, that is AMENDMENTS OFFERED BY MR. TAYLOR OF lem. It does not go away. It is dis- very nice of the gentleman from Mis- MISSISSIPPI carded into streams, lakes, rivers, and souri, and I appreciate it. Mr. TAYLOR of Mississippi. Mr. oceans that carry the stench, the Mr. DAVIS. Mr. Chairman, will the Chairman, I offer amendments 131 and germs, the filth, to some other commu- gentleman yield? 132, and ask unanimous consent that nity downstream. Mr. MORAN. I yield to the gentleman they be considered en bloc. Mr. Chair- The Mississippi River drainage basin from Virginia. man, I understand Nos. 41 and 42 have services 41 percent of the mainland Mr. DAVIS. Mr. Chairman, I thank been changed to 131 and 132 since last United States. This includes 31 States the gentleman for yielding for a brief night. as well as two Canadian Provinces, an minute. The CHAIRMAN. Is there objection area of 1.5 million square miles. It is Mr. Chairman, as we try to sort out to the request of the gentleman from the largest drainage basin of the coun- the federalism, the different functions Mississippi? try and is inhabited by 80 million January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 423

Americans and over 2 million Canadi- (By unanimous consent, Mr. TAYLOR The gentleman does point out the ans. This means that any untreated of Mississippi was allowed to proceed Clean Water Act is in limbo. It has not waste, waterborne disease or filth for 3 additional minutes.) been reauthorized. It is going to be re- which enters any body of water in doz- Mr. TAYLOR of Mississippi. Mr. authorized. The chairman of the com- ens of States will eventually flow past Chairman, I was a city councilman mittee, the gentleman from Pennsylva- my State and many of your States. when Federal revenue sharing funds nia [Mr. SHUSTER], has indicated that Mr. Chairman, surface filth flows were cut out. The biggest issue we that is an early subject for reauthor- past cruise ships and waterfront rec- faced back then was upgrading the Bay ization. reational areas in towns like Natchez St. Louis sewage treatment plant. Had In an attempt to respond to the gen- and Vicksburg. Waterborne diseases it not been for Federal mandate, that tleman from Mississippi’s concern, we end up in the drinking water of hun- all-Democratic board would never have did adopt an amendment to the bill dreds of cities who rely on the Mis- voted to clean up our city’s wastewater which we think does address the con- sissippi River for their water supply. treatment. It is just that simple. The cerns that he had, and is concern was Small towns, cities, and even large citizens do not see the reward. The that where you have legislation where metropolitan areas like New Orleans problem is passed downstream. the authorization has expired, that rely on the Mississippi River for their It is just not fair that my city should there be recognition that any man- drinking water. poison any other city’s drinking water, dates included in that legislation when However, closer to home, those of us and it is just not fair that some other it is reauthorized, if there is a gap be- who live in Alexandria, VA, should be city like New York should poison New tween the time it expires and the time aware that our drinking water is one Jersey and that Connecticut should it is reauthorized, that any mandates tidal cycle away from the wastewater poison the folks downstream from included in that would not be affected discharge of the city of Washington, them. by the reauthorization, would not, in DC. If Washington, DC, chooses not to Chicago’s drinking water ends up in other words, be treated as new man- treat its sewage because the mandates the Mississippi River. It goes to Natch- dates. They would be considered as a have been lifted, it is going in our ez, it goes to New Orleans, and when carryover from the existing legislation. drinking water tomorrow. the spillway is open, it flows in front of Our intent there was to make it very clear that we are in no way trying to It does not stop there, Mr. Chairman. my house. look back and eliminate mandates that The most productive commercial I have made what I think is a reason- were imposed in previous legislation. shrimping, fishing, and oystering in- able request of the chairman of this That was not the intent, and we hope dustries in the world are found in the committee, to see to it that when the that the language in 425(e) which does Mississippi River basin. Oysters, for ex- Clean Water Act is finally reauthor- represent that adjustment would ad- amples, are filter feeders. They pump ized, because it has not been reauthor- dress the concern. gallons of water through their bodies ized, that this somehow does not be We think the gentleman’s concerns every day, and they retain any pollut- considered a new mandate, and because are well-founded, but we do think that ants in that water. The crabs and Federal funds are going to be cut, and this language addressed those concerns shrimp and oysters that are harvested they will be cut when we pass the bal- and says the Clean Water Act and the in front of my home town in Bay St. anced budget amendment, that the pro- Louis, MS, live in those waters, but mandate that are imposed under the visions of the bill that say when we cut Clean Water Act and will be imposed they end up on your dinner plates. back on Federal fundings, that the As Members can see, there are some again when the Clean Water is reau- locals no longer have to abide by the thorized in the next month or so would things that originate locally but affect law, do not apply to this law, because us nationally. Just as our Nation continue, and the same restrictions this is the kind of law that we need to that exist on upstream communities should never force its unfunded and un- keep on the books. solved problems on the local commu- now will continue and not be affected. Mr. CLINGER. Mr. Chairman, I rise For that reason, Mr. Chairman, I nities, nor should the local commu- in opposition to the amendment. nities pass their unsolved problems on must reluctantly oppose the gentle- I do so reluctantly, because the gen- man’s amendment. And I must indicate to communities downstream, and in tleman from Mississippi and I have had that I am going to probably oppose turn, back to our Nation. discussion about this problem that he most of these statute-specific amend- faces, and it is a real one, but I think b 1140 ments to this bill because again I that the point needs to be made here would say most of them are very valu- I agree that we have to get a handle that on many of the items we are going able pieces of legislation, but they on Federal mandates, but to throw to be dealing with this morning and should not just because of that, be- them all out makes no sense at all. this afternoon asking for exemptions cause they are so meritorious, be to- After all, we could have chosen to be for various statutes from the provi- tally exempt from consideration as to city councilmen, we could have chosen sions of this legislation are all well-in- the costs that they impose on local to be State senators, but we chose to tentioned. In fact, many of these are governments. I must oppose the be national lawmakers because there is programs that clearly are very valu- amendment. a time and a place for this Nation to able programs, ones that provide for Mr. TAYLOR of Mississippi. Mr. make laws to help all of us, to see to it the health, safety, and environment of Chairman, will the gentleman yield? that some of us do not hurt all of us. the country. But what we are saying Mr. CLINGER. If I have time, I would The unfunded mandates bill is wise in here is we are not saying they should be happy to yield. that we should always know the cost of be exempt from consideration as to the Mr. TAYLOR of Mississippi. Mr. these laws, but there is a time and a cost. Chairman, again I want to thank the place. After all, when you think about What is the cost of imposing a man- gentleman from Pennsylvania [Mr. it, the Ten Commandments is an un- date, implementing this legislation, CLINGER] for bringing this bill to the funded mandate. and that is what we are asking for, an floor under an open rule. That in itself My concern is that since there were analysis of the cost. is certainly a step in the right direc- no hearings on the bill, clear and con- To exempt out an entire program, tion. cise language needs to be included to meritorious as it may be, should not We have had this discussion both in ensure that we are not undoing present exempt it from a fair consideration of publicly and privately. I remain uncon- laws. the cost involved in a mandate in- vinced that the language that you in- These laws exist for a good reason. I volved in connection with that legisla- serted is clear enough to keep a high- was a city councilman when Federal tion. That I think has to be stressed. priced lawyer from going to the dif- revenue sharing funds were cut back. This is not a bill that is retroactive. ferent cities and different States and The CHAIRMAN. The time of the It is not going to in any way abrogate saying, ‘‘If you fix your sewage treat- gentleman from Mississippi [Mr. TAY- any of the provisions of the Clean ment plant, you’re going to spend mil- LOR] has expired. Water Act. lions of dollars. Why don’t you put me H 424 CONGRESSIONAL RECORD — HOUSE January 20, 1995 on a retainer for $10,000 and I’ll keep Mr. TAYLOR of Mississippi. Mr. fall under this unfunded mandate legis- this tied up in court for so long that it Chairman, will the gentleman continue lation. will be past your administration. It to yield? So the provision that says that if it will be someone else’s problem until Mr. CLINGER. I yield to the gen- is simply a reauthorization, that will you get it fixed.’’ tleman from Mississippi. not apply, and in fact I do now know of But we all know it is not someone Mr. TAYLOR of Mississippi. Mr. any reauthorization that has been a else’s problem. It is someone Chairman, I am not questioning the in- strict, pure reauthorization of the ex- downstream’s problem. tent of the gentleman form Pennsylva- isting activity. So the likelihood is all I ask the gentleman from Pennsylva- nia [Mr. CLINGER] because I know his of these new environmental laws will nia [Mr. CLINGER] for the sake of the intent is correct. But we are a nation in fact be applicable to unfunded man- people in this room to read the lan- of law and it is what is in the law dates. guage that he thinks addresses the books that count. That language is am- Mr. PORTMAN. Mr. Chairman, will problem. Because I think they are biguous, and there will be reductions in the gentleman yield? going to find it as ambiguous as I did. Federal funding in the future just as Mr. CLINGER. I yield to the gen- Mr. CLINGER. Reclaiming my time, there have been in the past. tleman from Ohio. the language that we refer to and In 1980 approximately, the Federal Mr. PORTMAN. Mr. Chairman, I which was adopted specifically as a re- Government was paying 90 percent of guess we need to make clear in this de- sult of your concerns is 425(e), which the cost of upgrading wastewater treat- bate that what we are talking about is says that ‘‘Subsection (a)2 shall not ment plants locally. Today it is 55 per- a point of order that could be raised apply,’’ that is, the unfunded mandate, cent where and when those commu- against a new mandate, a new mandate shall not apply to any bill, joint resolu- nities are lucky enough to get it. in a reauthorization bill. This legisla- tion—I mean the point of order would We are going to pass a balanced budg- tion does not apply retroactively, it not lie against ‘‘any bill, joint resolu- et amendment, I will vote for it, and only applies prospectively. tion, amendment, or conference report we will then have to reduce the amount Mr. SCHIFF. Mr. Chairman, will the that reauthorizes appropriations for of money we give to the States and gentleman yield? carrying out’’—— cities. It is going to happen. Mr. CLINGER. Reclaiming my time, The CHAIRMAN. The time of the I think it is very important that I yield to the gentleman from New gentleman from Pennsylvania [Mr. since you have a provision in there Mexico. CLINGER], has expired. that says this does not count, if funds Mr. SCHIFF. Mr. Chairman, first of (By unanimous consent, Mr. CLINGER are reduced, well, then, we know right all I come from a city, Albuquerque, was allowed to proceed for 1 additional off the bat that within a short period of NM, in which the Rio Grande runs minute.) time, funds will be reduced, it will not right through the middle of our city, so Mr. CLINGER. ‘‘That reauthorizes count, and I think it is important that I understand the issues that are raised appropriations for carrying out, or that we have clear and concise language on by the gentleman from Mississippi. amends, any statute if enactment of this one issue. But I think this amendment should the bill, joint resolution, amendment, be the place that we emphasize as b or conference report— 1150 strongly as possible that the gen- ‘‘(1) would not result in a net in- Mr. CLINGER. Reclaiming my time, tleman from Mississippi’s statement crease in the aggregate amount of di- the problem is there are many Mem- that we should not do away with all rect costs of Federal intergovern- bers who want exemptions from this unfunded mandates is in fact not what mental mandates; and legislation for a variety of reasons and we do in this bill. ‘‘(2)(A) would not result in a net re- they are all concerned about the impli- What we do is to allow for a point of duction or elimination of authoriza- cation of this act on it. But if we ex- order to be raised so that Members of tions of appropriations for Federal fi- empt everybody’s concerns, we will Congress can be made responsible to nancial assistance that would be pro- have basically exempted the entire, all identify the cost, and to vote on the vided to States, local governments, or of the legislation from the impact of record with respect to imposing any tribal governments for use to comply this legislation. unfunded mandate on the States, with any Federal intergovernmental I think none of these programs whether it is with regard to effluent mandate; or should be exempt from a consideration into rivers or any other subject. So ‘‘(B) in the case of any net reduction of what are the costs that are being im- there simply is nothing in this bill that or elimination of authorizations of ap- posed. It may well be that the concerns prohibits the Congress from imposing propriations for such Federal financial that the gentleman has raised rise to a an unfunded mandate. So all of the ref- assistance that would result from such level where the mandates should indeed erences to certain health protections enactment, would reduce the duties im- be passed throughout the funding, be- will not take place because there is no posed by the Federal intergovernment cause it is of such overwhelming con- money to fund them and so forth, sim- mandate by a corresponding amount.’’ cern. But I do not think we should ex- ply does not ring true. We are just say- I think our intent here was clearly to empt anybody from a honest analysis ing in this bill that Congress should make it as crystal clear as we can that of what are the costs involved. justify up front and on the record the we are not intending in this way to ab- We are not saying we are going to actions that it is taking. rogate or undercut existing mandates prohibit this; we are just saying it Mr. CLINGER. Mr. Chairman, re- in the legislation whether or not it was needs to be considered. claiming my time, let me just say it is reauthorized or not. Mr. MORAN. Mr. Chairman, will the my view that the substitute language Mr. TAYLOR of Mississippi. Mr. gentleman yield? that we put in here basically protects Chairman, will the gentleman yield? Mr. CLINGER. I yield to the gen- the concern the gentleman has. It will Mr. CLINGER. I yield to the gen- tleman from Virginia. not be subject to a consideration of the tleman from Mississippi. Mr. MORAN. Mr. Chairman, I thank cost, and this is my view. But if that is Mr. TAYLOR of Mississippi. I am not the gentleman from Pennsylvania for not the case, it still is not true that questioning your intent. We are a na- yielding. the concerns the gentleman had would tion of law. It is not our intentions The problem is not only what the come to pass because we would then that count. gentleman from Mississippi has raised consider the cost as against the bene- The CHAIRMAN. The time of the that there really will be no more fit, and it very well could be that given gentleman from Pennsylvania [Mr. money for any new activity at the Fed- the high degree of importance of this CLINGER] has again expired. eral level with the balanced budget legislation that we would not pass it (At the request of Mr. TAYLOR of Mis- amendment, pay as you go, et cetera, through. sissippi and by unanimous consent, Mr. but that the Clean Water Act, which The CHAIRMAN. The time of the CLINGER was allowed to proceed for 5 will shortly be reauthorized, will in gentleman from Pennsylvania [Mr. additional minutes.) fact include new activities. So it will CLINGER] has again expired. January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 425

(On request of Mr. WAXMAN, and by cern to cleaning waste water and storm pelling arguments will be strong unanimous consent, Mr. CLINGER was water upstream as Mississippi would. enough that we reauthorize the Clean allowed to proceed for 2 more minutes.) So we can understand the disparity Water Act regardless of the fact that it Mr. WAXMAN. Mr. Chairman, will in responsibility. But I would like to is an unfunded mandate, that we, in the gentleman yield on this very point? use as an example another one that my fact, do not trigger this option. Juris- Mr. CLINGER. I yield to the gen- friend from Mississippi used of the Po- dictions can decide whether or not they tleman from California. tomac River, because we almost all of want to abide by it. Mr. WAXMAN. Mr. Chairman, what us cross the Potomac twice a day. Quite frankly, I think it is entirely the gentleman is arguing is prospective Many of us drink, in fact I think every- likely that there will be an effort on legislation could have provisions in it body in the entire Capitol Hill complex the part of States and localities to get that would deal with this problem. But drinks water from the Potomac River. Members of this body to commit that I do want to point out that the existing That water is purified at the when there is a point of order raised on legislation before us today says that Dalecarlia plant. We would like to pri- an unfunded mandate that we will vote under existing laws if EPA adopts a vatize that plant. This legislation will against imposing unfunded mandates regulation to enforce the law that reg- preclude us from being able to do that, on States and localities regardless of because where there will be an option ulation has to be pursuant to an analy- the issue, and we are going to get a whether or not to abide by Federal reg- sis as well, and then the agency would large number of the proportion of this ulations for States and localities, in go forward with the regulation, and body committed to do that. other words the public sector, all those that can be tied up in court. We do not want to restrict ourselves laws and regulations will apply to the So what the gentleman has argued in that way. private sector, so it precludes our abil- and the gentleman from New Mexico ity to privatize out that function to a I think it is entirely appropriate, in [Mr. SCHIFF] has argued ideally does private utility. fact, it is the only responsible thing to not apply to that kind of circumstance. But even more importantly, let us do, to know what the cost is we are im- Under the existing clean water law, consider the Potomac River. I see the posing on States and localities as well under the existing Clean Water Act, gentleman from Fairfax County, VA as the private sector. We should do it Safe Drinking Water Act, whenever we [Mr. DAVIS], who I know realizes that for the private sector, too. have an interstate problem, whenever 10 years ago if one fell into the Poto- But we should give ourselves the op- we have a regulation that is promul- mac River they had to get an imme- tion of exercising the judgment we gated to enforce that law that is al- diate tetanus shot and probably resign were elected to do. ready on the books, that could be tied themselves to some disastrous illness, Mr. PORTMAN. Mr. Chairman, I up in courts by the polluter, who would but that is no longer the case. This is move to strike the requisite number of then not want the regulations to go an example where clean water, Federal words in opposition. into effect, and they would tie it up on law and regulation worked. In fact Briefly addressing the concerns of my the basis of perhaps the analysis was they have beavers; you can fish for bass friend, the gentleman from Virginia, not done as thoroughly as it may oth- there. It is relatively clean water. I first of all, the gentleman from Mis- erwise have been done. They do not would not suggest we drink from it sissippi who offered this amendment even have to have a lot of merit on without it going through the water fil- has been an ally generally in the un- their side to tie something up in court tration plant. funded mandate debate, and I think he for a long time, during which a great would understand that to begin to ex- b 1200 deal of damage would be done. empt major pieces of legislation from Mr. CLINGER. I hear the gentle- But the fact is that fish and animals this bill would, in fact, gut its purpose. man’s concerns, but what we are talk- can live in the Potomac River. That is Let me be very clear as to what this ing about is no title II regulatory con- a result of Federal law, Federal regula- bill does. With regard to reauthoriza- cern. New regulations would indeed be tion, and an interstate compact. tions, existing mandates would con- subject to that provision, but looking Now, under this legislation, since the tinue to be exempt from the bill. Only back at existing regulations promul- Clean Water Act will authorize new ac- new mandates, and by that, I mean new gated to carry out the intent of the tivities, there will not be enough mandates in a reauthorization context, Clean Water Act. money under any circumstances to where there is not funding available. Mr. WAXMAN. New regulations fully fund the cost of implementation Let me give you an example. The of the Clean Water Act. It will become would not come back to this institu- gentleman from Virginia [Mr. MORAN] tion on a point of order. New regula- optional to localities. has spoken about the possibility of re- tions to be issued by an agency would Now, I will address the point of the authorization of clean air and inappro- gentleman from Ohio [Mr. PORTMAN] follow an analysis by the budget people priate funding. You get credit for any and the point of the gentleman from as to the cost, and of course that anal- existing funds that are in the system. New Mexico [Mr. SCHIFF] in a moment. ysis is only one sided, it is only the In other words, you may have a situa- But assuming that we abide by the cost, not the benefits. tion where there is a 50-percent cut in intent of this legislation and we do not Mr. CLINGER. Regulations that have impose that unfunded mandate on funding for a specific mandate. That an impact of over $100 million. States and localities, then West Vir- mandate will only be reduced commen- Mr. MORAN. Mr. Chairman, I move ginia, and we all know how clean the surate to that funding. to strike the requisite number of water is from that, and the senior Sen- Let me be very clear as to what this words. ator from West Virginia would be the does. More importantly, all we are say- Mr. Chairman, we have gotten into first to tell us that, the fact is it would ing is that the Clean Water Act, just the guts of our greatest concern over not have worked if West Virginia had like every other piece of legislation, this legislation, so I would like to pur- not fully participated, but West Vir- should be subject to this same dis- sue this a bit. ginia had very little incentive. It was cipline of getting that cost informa- I think the gentleman from Mis- extremely expensive for them. tion, getting an informed debate, then sissippi [Mr. TAYLOR] may have the It would not work for the District of Congress can work its will. most extreme case. Being at the bot- Columbia unless Virginia contributed The Clean Water Act is not perfect. I tom of the Mississippi Delta and hav- an enormous amount of money, like- happen to represent 100 miles of the ing every other State’s sludge flow into wise with Maryland. It only works if Ohio River, so I am very sympathetic his district is of understandable con- there is a Federal requirement that to the concerns described by the gen- cern. every jurisdiction contribute equally tleman from Mississippi and the gen- We know how responsible our Rep- according to their respective respon- tleman from Virginia. resentatives are from Missouri and sibility. I see in this morning’s paper, it talks Ohio, for example, but it is entirely Now, what you are going to tell me is about mandate overboard. Rockville, conceivable, given the fiscal priorities, that do not worry about this, that in MD, in particular, is complaining that they may not attach as much con- fact knowing this, the logic, the com- about lack of flexibility in the Clean H 426 CONGRESSIONAL RECORD — HOUSE January 20, 1995 Water Act and some regulations that Mr. KASICH. I wanted to take a sec- Ohio, and discharges of sewage from simply do not apply appropriately to ond here this morning, or this after- combined sewer overflows in the Dis- their situation and have resulted in in- noon now, and point out to the House trict of Columbia impact the Anacostia creased costs which are all passed and point out to the American people and Potomac Rivers and citizens of along to the State and local taxpayer. that this work that has been done on Maryland and Virginia. The Clean Water Act is not perfect, this issue, the first substantive and But these are not isolated problems. nor is the Clean Air Act, nor are other real substantive and meaningful effort Half the people in this great country pieces of legislation. to stop unfunded mandates, con- get their drinking water from surface Why not subject them all prospec- structed by the great gentleman from waters, meaning rivers and lakes. For tively, and remember, this is all pro- Pennsylvania [Mr. CLINGER], my col- most communities who draw their spective, to this same discipline? It league from Ohio [Mr. PORTMAN], the drinking water from rivers and lakes, seems to me again if we are to open up gentleman from California [Mr. there are other communities upstream this bill to all kinds of exemptions, CONDIT], who has worked tirelessly, a discharging their sewage into that Clean Water Act, wastewater treat- Democrat; I know there are more in- same water. ment, and so on, we have gutted the volved on both sides of the aisle. I How much one community treats whole purpose of this bill. mean, you think about that today we their sewage has a very direct impact This is an informational bill and it is are going to pass unfunded mandates on many other communities. an accountability bill. legislation that gives that committee The American people want water Mr. MORAN. Mr. Chairman, will the and the Committee on the Budget the that is safe to drink, water that is safe gentleman yield? ability to come to this floor and stop to fish in, and water that is safe to Mr. PORTMAN. I yield to the gen- the passing of unfunded mandates onto swim in, and water that will not make tleman from Virginia. State and local governments. them sick when the tide comes in. Mr. MORAN. Using this example, It is not about talk anymore. It is The American people whose jobs de- some bodies of water we have cleaned about doing, and we are doing it with pend on water want that water to be of up. The commitment has been made by Republicans and Democrats. a quality that will continue to support the Federal Government, the State, They would be the first ones to tell their jobs. H.R. 5, without the Taylor you that this is a big step. We may do and to some extent local and regional amendment, would limit the Govern- more things. We may have to fix this. governments. Those bodies of water ment’s ability to continue protecting But, you know what the bottom line were cleaned up. public health through ensuring ade- is? We are keeping our word, and we You are saying it only applies to ad- quate wastewater treatment. are delivering exactly what our Gov- ditional efforts. But we are talking b ernors and mayors and the people 1210 about other bodies of water that are across the country have been calling For example, even though H.R. 5 is not cleaned up. for. not intended to apply to current laws, So, in other words, there are dif- Without CLINGER and PORTMAN and by all accounts it would apply to new ferent levels of effort being expended CONDIT and DAVIS and JIM MORAN, it requirements. So, for example, it would by different jurisdictions. would not have gotten done. apply to new requirements on munici- The Clean Water Act is going to not Mr. MINETA. Mr. Chairman, I move pal discharges that are necessary to apply to the Potomac River in the way to strike the requisite number of protect downstream residents against that the original authorization did, but words. significant health impact. it will apply to a whole lot of other (Mr. MINETA asked and was given If we have a new outbreak of prob- bodies of water I am not familiar with, permission to revise and extend his re- lems such as the cryptosporidium in but where there will have to be in- marks.) Milwaukee, which caused over 100 creased levels of effort, expenditures, Mr. MINETA. Mr. Chairman, just deaths, we would find it more difficult on the part of States and localities to trying to reflect on my own experience to respond and to respond quickly. accomplish what we did for the Poto- of having served 8 years in local gov- Now, the Taylor amendment would mac River, and all of that will fall ernment, including one term as mayor help preserve the benefits that the under unfunded mandate legislation. of a city where we grew that city from American public has realized under the If there is not adequate funding, you 400,000 in population to 560,000 in a 4- Clean Water Act as a result of more do have that provision that the execu- year period, as well as having had the than 20 years of hard work and com- tive branch can then determine what it privilege of serving as chair of the mitment to improving the quality of wants to implement, but we are giving Committee on Public Works and Trans- our lives through cleaning up the Na- over that power to decide what part of portation in the 103d Congress, let me tion’s waters and would allow the this legislation should be implemented, at this point rise in support of the country to continue to move forward. giving it to another branch of govern- amendment offered by our very fine This amendment also points out a ment to choose which priorities, which colleague, the gentleman from Mis- fundamental flaw in the reasoning be- are not necessarily State and locality sissippi [Mr. TAYLOR]. hind this bill. This bill is based on the priorities. As the gentleman from Mississippi idea that all so-called mandates, in- Mr. PORTMAN. Reclaiming my time has already illustrated very effec- cluding provisions that impose mini- briefly, this will be done, of course, at tively, the impacts of water pollution mum national standards to protect the direction of the committees. That know no political boundaries, nor public health, are bad things for State is another issue perhaps for another should the solutions to continued and local governments. Notwithstand- title. water pollution in this country be lim- ing the lengthy new analyses required But the point is well taken. I know ited by partisan boundaries. by this bill, title III does not provide the gentleman is concerned about un- We are all well aware of various situ- that the benefits to local governments funded mandates. This a classic exam- ations where Members have already from mandates should be considered. ple of where we ought to have these talked, where sewage that is dis- The CHAIRMAN. The time of the mandates looked at carefully. We charged into a river, lake, or a stream gentleman from California [Mr. MI- ought to have a cost-benefit analysis adversely impacts citizens of down- NETA] has expired. done. We ought to have an informed de- stream or adjacent localities and (By unanimous consent, Mr. MINETA bate on the floor of the House, and, States. For example, New York and was allowed to proceed for 1 additional yes, we ought to have accountability. New Jersey have received national at- minute). We ought to have a vote up or down. tention surrounding New York’s sew- The CHAIRMAN. Without objection, That is all we are saying. age that shows up on New Jersey’s the gentleman is recognized for an ad- Mr. KASICH. Mr. Chairman, will the shores; sewage discharges from Detroit, ditional minute. gentleman yield? MI, into the Detroit River have im- Mr. MINETA. Many Members on the Mr. PORTMAN. I yield to the gen- pacted Lake Erie and residents in adja- other side have to talk in other con- tleman from Ohio. cent New York, Pennsylvania, and texts about how we should always fully January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 427 consider the cost versus the benefits tional Performance Review showed, in new law that is being proposed, is if we before we proceed. But in this bill they 1992 over 172 unfunded mandates have are going to have stronger drinking would require an analysis of everything been taken down to the States and lo- laws that require funding, and some of except the benefits. calities. them do not, we want to make sure Now, Mr. TAYLOR’s amendment is a Mr. FOX of Pennsylvania. Mr. Chair- that we come back to the Congress and case in point on how mandates often man, will the gentleman yield? vote on them so the States and local- create enormous benefits for local gov- Mr. DAVIS. I yield to the gentleman ities will not have it passed on to their ernment. A requirement that my city from Pennsylvania. backs. threat its sewage may be a burden, but Mr. FOX of Pennsylvania. I thank Mr. CONDIT. Mr. Chairman, will the the fact that the 400 cities upstream the gentleman for yielding. gentleman yield? also have to treat their sewage is an Mr. Chairman, as I understand the Mr. DAVIS. I yield to the gentleman enormous benefit to my city and to my unfunded mandates proposal, the exist- from California. citizens, and their bill ignores that ing Clean Water Act to protect the Mr. CONDIT. I thank the gentleman benefit. public will not be diminished in any for yielding in order to clarify a point So from my perspective, I have to way, and the fact that this bill is only one of my colleagues from California protect both our cities and our citizens prospective in nature, if we come back made, trying to be presumptuous from those who would discharge sewage to have any more expenses in this Con- enough to tell us what the bill does, upstream. I urge all of my colleagues gress, whether it is clean water or that this bill eliminates all unfunded to vote for the Taylor amendment. other items that we come back here, mandates. The CHAIRMAN. The time of the this would not diminish in any way the Let me assure you this bill does not gentleman has expired. existing strong laws that we have. eliminate all unfunded mandates. Mr. DAVIS. Mr. Chairman, I move to Mr. DAVIS. The gentleman is cor- What this bill does is it requires us to strike the requisite number of words. rect. have some accountability, for us to The CHAIRMAN. The gentleman is Mr. TAYLOR of Mississippi. Mr. have the courage to come to the floor recognized for 5 minutes. Chairman, will the gentleman yield? and to waive a point of order if we Mr. DAVIS. I thank the Chairman. Mr. DAVIS. I yield to the gentleman Mr. Chairman, clean water is a noble from Mississippi. think it is important enough to do. It purpose, and the current act and its Mr. TAYLOR of Mississippi. I thank also requires us to attach a cost to this current regulations are grandfathered the gentleman for yielding. stuff. under this bill. The reauthorization Mr. Chairman, would either of the So you could have an unfunded man- will be grandfathered. gentlemen be willing to pay the cost date, you have just got to take some To the extent that the level of fund- incurred to the Federal Government accountability for it. When EPA says ing in the reauthorization or new man- out of their pocket, should this be something, you have to take the re- dates come in that exceed $50,000,000, brought to the court by some city that sponsibility back home that you passed they would be subject to the provisions does not want to fulfill its obligation it. That is what this bill does. of this act. to clean up its own mess? Do the gen- You can have some unfunded man- Now should that be covered, though, tlemen feel that strongly about the dates if we think it is a national prior- I want to remind my colleagues we still bill? Will the gentlemen tell the Amer- ity, and we probably should. But for have the flexibility to pass that legis- ican public right now that they person- someone to tell us that this absolutely lation. We have the flexibility to pass ally will incur those costs rather than says that all unfunded mandates are those unfunded mandates. the taxpayers of the United States? If bad is incorrect and it is a betrayal of Nobody is taking away that author- the gentlemen feel that confident this bill. ity from this Congress. However, we about it, I will not offer my amend- The CHAIRMAN. The time of the would do this, first, knowing what the ment, but I do not feel that the gentle- gentleman from Virginia [Mr. DAVIS] costs are going to be, and, second, tak- men feel that confident about it. I cer- has expired. ing responsibility for sending those tainly do not feel that confident about (By unanimous consent Mr. DAVIS costs back down to the States and lo- it. was allowed to proceed for an addi- calities. That is what this act does. But I am trying to protect the people of tional 30 seconds.) we do not lose the flexibility, the right this country from facing enormous The CHAIRMAN. The gentleman is to do that at all. It is just simply going legal expenses that the loopholes in recognized for an additional 30 seconds. to be costed out. this bill will create. Mr. DAVIS. I thank the Chairman. It seems to me we will still have the Mr. FOX of Pennsylvania. Mr. Chair- Mr. Chairman, the gentleman from authority to pass the legislation that man, can we retake the time? California [Mr. CONDIT] is correct, this the gentleman from Mississippi spoke The CHAIRMAN. The gentleman does not eliminate, in fact, one un- about, but we will know the costs first. from Virginia [Mr. DAVIS] controls the funded mandate. In point of fact, we More importantly, the cities and the time. are simply getting the costs before us. towns in the gentleman’s district, my Mr. FOX of Pennsylvania. Mr. Chair- We are once again starting a dialog district and other Members’ districts man, may we—— with the people, the State and local are also going to have a preview of The CHAIRMAN. The gentleman governments, the local taxpayers who what these costs are going to be on from Virginia controls the time. are paying for these through local them. Mr. FOX of Pennsylvania. Mr. Chair- property taxes, which are much more Before we shift the burden of paying man, will the gentleman yield? regressive than the Federal income tax for these mandates from the Federal Mr. DAVIS. I yield to the gentleman when it comes to paying this. We will Government to local property taxes, we from Pennsylvania. have that in mind, we will have that on need to understand what those costs Mr. FOX of Pennsylvania. I thank the record before we proceed. are. the gentleman for yielding. The CHAIRMAN. The time of the What is wrong with making the State The fact of the matter is every Mem- gentleman from Virginia [Mr. DAVIS] and local governments part of the dia- ber of this Congress, Mr. Chairman, has expired. logue as we move through this; that is, wants to make sure we have clean Mrs. COLLINS of Illinois. Mr. Chair- they look at their respective costs as drinking water, and the fact is we have man, I move to strike the requisite well? strong clean drinking water laws in the number of words. That is what this does. We do not United States that all of us want to see The CHAIRMAN. The gentlewoman lose any flexibility to move ahead. protected. The fact also is that the from Illinois [Mrs. COLLINS] is recog- We pass the bill traditionally, and American citizens do not want us to nized for 5 minutes. then we pass the buck. There is noth- continue putting onto the States and Mrs. COLLINS of Illinois. I thank the ing wrong with any one or two of these local governments mandates of great Chairman. mandates taking effect, but what has things that we want to do without pay- Mr. Chairman, I rise in strong sup- happened, as the Vice President’s Na- ing for it. All we are saying, under this port of this amendment offered by the H 428 CONGRESSIONAL RECORD — HOUSE January 20, 1995 gentleman from Mississippi [Mr. TAY- bottled water. Well, that is because we very successful Federal environmental LOR]. Mr. TAYLOR is a fine member of had excess turbidity in the water. program. But we should not exempt the the Committee on Government Reform That problem was not adequately Clean Water Act from this important and Oversight, and he has given consid- covered by the existing Clean Water legislation. In fact, the Clean Water erable investigation to this matter. He Act. It has to be covered by the new au- Act is one of the prime examples of un- has looked into it, he has done studies thorization. It was due to a runoff up- funded Federal mandates. that reach all across this Nation. As a stream, not in the District of Columbia The Conference of Mayors tells us matter of fact, he has discovered, as we that was affected, not in Fairfax Coun- that the mandates in place will cost all have, that wastewater treatment is ty, who had to drink the water, and it over $29 billion over the next several fast becoming one of the most impor- was the District of Columbia and Fair- years, and the Association of Counties tant issues facing every State in this fax and Arlington who had to drink the says another $6.5 billion will be levied country. water, but the problem was in another upon them. In its most recent survey, EPA esti- jurisdiction that really has no particu- Let me make it very clear that the mated that the needs of States for lar vested interest in spending the Committee on Transportation and In- wastewater treatment funding have in- money to prevent that runoff. But that frastructure is moving a clean water creased from $83.4 billion in 1990 to runoff meant that we could not use authorization bill in the coming $137.1 billion in 1992. drinking water in this jurisdiction. months. We will have that bill on the b 1220 That is the problem, and it was not floor. That will be the place to have adequately addressed by the Clean this kind of a debate, and it is very im- This is an increase of $53 billion over Water Act. It has to fall under the new just a 2-year period. This increase is portant to emphasize that we may well unfunded-mandates legislation because decide in our deliberations in the com- due to population changes, deteriora- it is new activity, and we do not have tion of old sewers, and better water- mittee that there are additional man- the money to fully fund it. That is dates required, and we may well bring quality standards. what we are trying to get at. I ask my colleagues, ‘‘Do any of you those additional mandates to this I do not argue with the need for un- floor. realistically believe that, with a bal- funded mandates, and the one argu- anced-budget amendment looming over But what this legislation today will ment that we keep hearing is, ‘‘Don’t do for us is it will say that we have got us, that Congress will be able to con- worry. When you have a situation like tinue funding for wastewater treat- to have a vote. We simply cannot im- this, the Congress is going to do the re- ment at this current level?’’ The an- pose upon the American people other sponsible thing. We’re going to ignore swer is absolutely no. Unfortunately unfunded mandates without a vote, and this legislation. There will be a point the States are going to have to pick up so if in the committee we decide that of order, but don’t worry. We’ll all vote an increasing share of these very ex- something is so important that we against the point of order because you pensive costs. need an additional mandate, it will be can trust us.’’ H.R. 5 in its current form will mean our responsibility to come to this floor We do not want to set up a situation that Congress will be unable to require and to make that case, and, if we can where the American people have to ac- States to absorb almost any part of make that case, then there will be an cept that. Trust us. Let us pass this this increasing cost for wastewater unfunded mandate, and, if we cannot legislation, and then we will ignore it treatment. We do not have to be rocket make that case, we deservedly will be scientists, or any of us, to figure out when it is important, when the legisla- tion applies to important things that defeated. what this means. It means that people So, it is very important that we de- at every district will be helpless to do are in our best interests. We are trying to avoid that situation. feat this amendment, and it is also anything at all about wastewater that very important to emphasize that we is generated by these States. Mr. DAVIS. Mr. Chairman, will the gentlewoman yield? are only talking in this legislation be- This bill effectively ties the hands of fore us today about future mandates. Congress to do anything about this Mrs. COLLINS of Illinois. I yield to the gentleman from Virginia. We are not reaching back and dealing very, very serious problem. The pollut- with the mandates that are already on ing States will have no incentive to im- Mr. DAVIS. Mr. Chairman, let me just say to the gentleman from Vir- the book. Now some of us think maybe prove the wastewater treatment be- we should be doing that, too, but we cause Congress will not be able to man- ginia [Mr. MORAN], my friend and col- league, that there is nothing in this are not, and it is very clear to empha- date improvements in wastewater size that we are only talking about fu- treatment without full funding. This is that will prohibit us from going ahead, going ahead with the authorization ture mandates, and indeed there can be an absolute outrage. future mandates, but only if this House The amendment of the gentleman just discussed, but we are going to votes in favor of them. from Mississippi [Mr. TAYLOR] will know those costs ahead of time, and So, Mr. Chairman, I urge the defeat solve this problem by exempting there is nothing wrong with that. The of this amendment. wastewater treatment and other limi- local match on that, we will know Mr. TAYLOR of Mississippi. Mr. tations on this bill. I say to my col- what that is ahead of time. There is leagues, ‘‘If we can’t clean up our nothing wrong. I think that really is Chairman, will the gentleman yield? watewater, why are we here?’’ basically adding some truth and some Mr. SHUSTER. I yield to the gen- I think that everybody ought to sup- sunlight to the way we do business be- tleman from Mississippi. port the amendment of the gentleman fore the people who pay these bills Mr. TAYLOR of Mississippi. Mr. from Mississippi [Mr. TAYLOR]. down the stream get sent the bill, Chairman, I say to the gentleman, Mr. MORAN. Mr. Chairman, will the which we so often do. ‘‘Mr. SHUSTER, you are a gentleman, gentlewoman yield? The CHAIRMAN. The time of the and I know that you would in no way Mrs. COLLINS of Illinois. I yield to gentlewoman from Illinois [Mrs. COL- ever intentionally mislead anyone. The the gentleman from Virginia. LINS] has expired. amendment that I offered does not use Mr. MORAN. Mr. Chairman, to give a Mr. SHUSTER. Mr. Chairman, I move the words ‘Clean Water Act’ because I specific example, and the gentleman to strike the last word. also am not totally in favor of every- from Virginia [Mr. DAVIS] is the last to Mr. Chairman, I rise in strong opposi- thing that’s in the Clean Water Act. raise the point, so let me direct it at tion to the amendment offered by the That’s why I didn’t use the words. I him, and he is particularly familiar gentleman from Mississippi [Mr. TAY- used the words ‘effluent limitation.’ I with the situation that affects all of us LOR], my good friend. made it very specific because there are in this body because he represented a This amendment would create a huge some things in the Clean Water Act lot of constituents last year when we loophole in the bill’s protections that I would love to see taken out. So had a boiled-water alert. We could not against unfunded mandates. when you say’’—— use the drinking water in this area. I support the Clean Water Act. As Mr. SHUSTER. Reclaiming my time, The Members of Congress that were chairman of the authorizing committee Mr. Chairman, I would say to my good here last year remember we had to get I can tell my colleagues it has been a friend that—— January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 429 Mr. TAYLOR of Mississippi. I hope intentionally want to mislead anybody argue the case that they have not met you would stand corrected on this. either. the standards required under the state- Mr. SHUSTER. I would say to my I can only report that the experts on ments that have to be laid out in the good friend, ‘‘That is that the effluent our staff, the ones who have advised us promulgation of rules and regulations limitation; those terms are terms that as we have written this legislation, be- which affect all types of legislation are established under the Clean Water cause it is the legislation that came from clean water to clean air. Act. Therefore, while you may not use from our committee, have advised us Mr. VENTO. Mr. Chairman, will the the words ‘Clean Water Act’ in your that the Clean Water Act would come gentleman yield? amendment, by the very definition of under this amendment. So I must rely Mr. KANJORSKI. Yes, in one mo- effluent terms this will bring the Clean on the advice from those experts, and I ment I will yield to the gentleman Water Act under this.’’ very much respect my friend, the gen- when I have finished. That is what the experts tell me, and, tleman from Mississippi. We simply We tried in committee to strike out therefore, we should be very careful have a disagreement here. the idea that we would not have judi- that we do not put this further un- Mr. TAYLOR of Mississippi. We have cial review. We have an amendment funded mandate on the American peo- a disagreement, and I think those ex- coming up on that. If we knew that we ple without a vote of this House at the perts also would not accept any chal- were going to have a denial of judicial time we bring clean-water legislation lenge, too, where they would person- review here and we were not going to to the Congress. ally incur the costs from the flood of make it the Lawyers’ Relief Act of b 1230 lawsuits that the lack of this language 1995, we would be a lot saner and satis- would cause. Mr. TAYLOR of Mississippi. That is fied on this side because we were not Mr. SHUSTER. Mr. Chairman, re- going to work havoc on the American not correct, I will say to the gentleman claiming my time, my staff points out from Pennsylvania. regulatory system. Unfortunately, we to me that the Federal Water Pollution do not have that assurance that that Mr. SHUSTER. I would tell my good Control Act, which the gentleman re- friend that we then have a disagree- amendment will pass. We have not had ferred to, is the Clean Water Act. the cooperation with the majority that ment here. Mr. KANJORSKI. Mr. Chairman, I Mr. TAYLOR of Mississippi. No. As a they will address judicial review, and move to strike the commensurate num- as I understand it from a simple read- matter of fact, with the amend- ber of words. ment—— ing of this statute, if there is a regu- Mr. Chairman, I rise in strong sup- The CHAIRMAN. The gentleman latory agency involved charged under port of the amendment offered by the from Pennsylvania [Mr. SHUSTER] con- this law to put out statements as to gentleman from Mississippi [Mr. TAY- trols the time. Does the gentleman the cost factor, regardless of whether LOR]. yield to the gentleman from Mis- they are absolutely and meticulously One of the reasons I think we are sissippi? correct in meeting that standard, any- having this debate on the floor today is Mr. SHUSTER. Mr. Chairman, I will one can go to court and ask for injunc- the haste with which this legislation say further that my staff on the floor tive relief dealing with that issue. was written. Although Mr. KASICH here is indicating that—and these are Mr. PORTMAN. Mr. Chairman will came to the floor and indicated this the experts on clean water, this is the bill would not be here except for the the gentleman yield? staff that advised us when we wrote the Mr. KANJORSKI. I certainly will clean water legislation—these experts movement of this committee, I do not know, but I think the gentleman from yield. are confirming to me right now that if Mr. PORTMAN. Personally, I would California [Mr. CONDIT], the gentleman this amendment were to pass, then the say that speaking for the majority I from Mississippi [Mr. TAYLOR], and the clean water bill would indeed come am absolutely sure we are going to ad- under it, and for that reason we should gentleman from Virginia [Mr. MORAN] in previous Congresses have worked to dress that issue, and I am confident defeat this well-intentioned amend- that when we get to title II, the gen- ment. provide for some coverage of unfunded mandates. I think most of the member- tleman and others will raise that issue, The CHAIRMAN. The time of the and we look forward to that debate on gentleman from Pennsylvania [Mr. ship on the minority side of the aisle agree that we should do something on judicial review. This is probably not SHUSTER] has expired. the time for it. But let me say also, to (On request of Mr. TAYLOR of Mis- unfunded mandates. What I think is happening here is be- make it very clear, that judicial review sissippi, and by unanimous consent, is of the agency requirement here. It is Mr. SHUSTER was allowed to proceed cause of the drafting of this bill, we in the minority are trying to call the ma- a very limited requirement. It is for for 2 additional minutes.) regulations after enactment of the leg- Mr. TAYLOR of Mississippi. Mr. jority’s attention to the fact that the islation, over $100 million, and it asks Chairman, will the gentleman yield? loose drafting of this could work havoc for a written statement on costs and Mr. SHUSTER. I am happy to yield on existing and future legislation that benefits. to the gentleman from Mississippi. is unrealized or unrealizable at this Mr. KANJORSKI. Mr. Chairman, re- Mr. TAYLOR of Mississippi. Mr. time. One of the elements we are all Chairman, let me make this perfectly talking about—and this is why it is im- claiming my time, if the city of Phila- clear. I do not want this done in a portant—first of all, let me say that delphia is mandated to put in a water- confrontational manner. You are a gen- this is not a bill that just hands out a works or cleaning system under exist- tleman. But I do believe some of the procedural rule of the House here to ing law and in the future a law is things you said would mislead the make a point of order. If that is what passed that would require the stand- Members of this body, and I know you we are doing, we could have amended ards to be used by the regulatory agen- would never intentionally do it. So I the rules to accomplish that. cy in the enforcement of that order, would like to point out to the body We are passing a statute into the and it did or did not comply with the that as very clearly stated in the laws of the United States, one of which standard, it would allow any corpora- amendment, we refer to the Federal affects regulatory accountability and tion or any municipality affected by Water Pollution Control Act, and this reform, as contained on page 16 of the more than $100 million to move into is only a very narrow portion of that, bill. That provides certain mechanisms the Federal court system to bring an which was also sent to every Member’s that can be undertaken by the public injunction. We are faced with the prob- office, so that no one could be misled sector and the private sector if they lem over here of trying to find out how into thinking that this is the entire feel the standards we are requiring in large an effect this would have and Clean Water Act. this bill have not been met by the Fed- what the ramifications are. Mr. SHUSTER. Mr. Chairman, re- eral regulatory agencies. If we are Mr. PORTMAN. Mr. Chairman, will claiming my time, I would say to the dealing with the EPA or the Clean the gentleman yield? gentleman that I thank him for the re- Water Act, any individual or any gov- Mr. VENTO. Mr. Chairman, will the spect he gives me, and I give him that ernmental entity can hire an attorney gentleman yield? I asked the gen- same respect. He certainly would not and ask for a Federal injunction and tleman to yield earlier. H 430 CONGRESSIONAL RECORD — HOUSE January 20, 1995 Mr. KANJORSKI. I will take a very executive branch. As a matter of fact, of communities, and disproportionate quick question, because I promised the of course, we are constantly modifying budgetary effects on particular seg- gentleman from Minnesota [Mr. VENTO] laws. ments of the private sector. I would yield to him. To suggest that existing laws and ex- That is a hell of an analysis. That is Mr. PORTMAN. Mr. Chairman, does isting precepts will be held in place is, an extensive obligation by CBO, which the gentleman agree that the cost-ben- I think, either a misunderstanding or the head of CBO has already indicated efit analysis is a good idea for the misleading to what the effect of what to us they do not think they can ac- agency? this law and what the effect of this new complish. Mr. KANJORSKI. Absolutely. There process is that you are setting up. If Well, they will do the best they can. is no question about it. this were merely a study—the gen- And if it is legislation, someone can Mr. PORTMAN. Mr. Chairman, will tleman has to continue to stand, and I make a point of order, and the argu- the gentleman yield for a further ques- appreciate his yielding—if you were ment has been well, we can always tion? just dealing with existing law and it overturn that point of order by a ma- Mr. KANJORSKI. Yes, I yield to the was static, that would be one thing, jority vote. The reality is it is going to gentleman. but they are constantly evolving, be- require spending money or overturn it cause we do not have perfect knowl- Mr. PORTMAN. Mr. Chairman, is the by a majority vote, and a lot of people edge. I think most of us who have gentleman aware of the fact that the are not going to want to vote for any worked on this bill have noted that we current executive order issued by overturning of the points of order to do not have perfect knowledge. President Clinton would require even impose an unfunded mandate, even So in effect you are really setting in more agency information to be pro- though it is a clear Federal responsibil- vided and that information is not regu- place a new framework, and I might say we do not know how it will work. ity because we have an interstate pol- larly provided? lution problem. Mr. KANJORSKI. We have no prob- I do not know how CBO is going to ful- fill this particular requirement. I think This same analysis has to be done if lem with forming intelligence and fac- it is a regulation to enforce the law. tual information to be good legislators it is extended. I think it needs to be re- vised, but I do not think it is at all Agencies have to do this instead of or good regulators. Our problem is that CBO. Agencies will not be able to do we do not want to establish the Law- clear that the system you are putting this adequately. In some way or other yers’ Relief Act of 1995 by giving any in place is going to develop the type of they are going to do something im- American an opportunity to go to this information effectively. proper, or somebody can claim it is im- section of the statute and then go and Mr. Chairman, I thank the gentleman proper. And if it is an entity that does apply it to environmental law or any for yielding. not want to control the pollution be- other law that would require the appli- Mr. WAXMAN. Mr. Chairman, I move cause they do not want to spend the cation of the statute. to strike the requisite number of money, they will hire a lawyer to go Mr. VENTO. Mr. Chairman, will the words. into court, and they will say this agen- gentleman yield now? Mr. Chairman, when we have an cy regulation, even though they have Mr. KANJORSKI. I yield to the gen- interstate pollution problem, it is a done this analysis, is pursuant to an tleman from Minnesota. uniquely Federal responsibility. You Mr. VENTO. Mr. Chairman, I think cannot ask a government-owned water analysis that is not rigorous enough, the gentleman from Pennsylvania system, a government-owned inciner- extensive enough. makes a very good point with respect ator system, or a government-owned The gentleman from Pennsylvania to the existing laws as opposed to the powerplant to want to impose more [Mr. KANJORSKI] made an excellent prospective application of this particu- costs on themselves if the pollution is point, if you allow judicial review to lar amendment. not going to affect them that affects question the analysis of the agency, The CHAIRMAN. The time of the somebody in another State. they can be tied up for years, maybe to gentleman from Pennsylvania [Mr. b 1240 the point where all the pollution will KANJORSKI] has expired. continue across interstate boundaries. They are not going to want to spend My point is, whether it is through (By unanimous consent, Mr. KAN- that money. Therefore, as a National JORSKI was allowed to proceed for 2 ad- legislation or through a regulation of Government we have to establish the existing law, to require that what is an ditional minutes.) rules. We establish that through legis- Mr. VENTO. Mr. Chairman, if the interstate pollution problem be cov- lation, and if legislation places this ered by this bill does not make sense. gentleman will yield, I think he makes burden to install pollution control de- a very good point about what happens The proposal before us deals with the vices of one sort or another, or take Water Act alone, and that would ex- to existing law. It is one thing for the measures to reduce pollution, that will clude anything in terms of effluents af- executive to revise the rules and regu- require the expenditure to do so. And if fecting one State versus another. That lations process. It is another thing to it is government-owned, then they ought to be exempted from both the re- put this into the law. That is exactly have to spend the money and it is quirement that it be considered an un- what is being proposed here, 11 or 12. or called an unfunded mandate, because funded mandate if it is new legislation, 13 separate steps in terms of intergov- this legislation deals with government- ernmental mandates and some 13 or 14 owned enterprises. or through regulation, especially if we steps with regard to the private sector. Well, what does that mean in terms are going to have this ability of regula- I might say that I do not see dollar of legislation? We have had a lot of dis- tions to be tied up in court. limits with regard to the intergovern- cussion about that. CBO will have to go At least if it is legislation you can mental mandates that are in this sec- through an evaluation of the costs. argue, I think a weak one, but an argu- tion that my colleague, the gentleman That evaluation, by the way, is all one- ment, that the House can overturn it from Pennsylvania, is pointing out. So sided. It is an evaluation of the costs, by a majority vote. If a regulation is these rules and regulations as they but not the benefits. They will have to adopted by an agency, there is no ma- apply to the Clean Water Act or the look at anticipated costs to the States, jority vote anywhere. That is going to other title that my friend, the gen- the effect on the national economy, the be up to the courts, where we are invit- tleman from Mississippi, points out are effect on productivity, the effect on ing litigation on any agency regulation that we are constantly modifying economic growth, the effect on full em- as long as there is judicial review. those. Microcryptosporidium may not ployment, the effect on creation of pro- The best way to deal with these prob- have been a problem at one point, but ductive jobs, the effect on inter- lems, which are uniquely Federal re- regulations are constantly evolving. In national competitiveness of the United sponsibilities because we have inter- fact, of course, the regulations are the States, future costs of the Federal state pollution problems, is to exclude very basis on which the executive im- mandate, disproportionate budgetary it. Exclude it from being considered an plements the laws. Without them, you effects on particular regions of the unfunded mandate. cannot implement the laws. That is the country, disproportionate budgetary I think it was an interesting argu- charge of the administration and the effects on urban or rural or other types ment that we heard a while ago from January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 431 the gentleman from Virginia. Many That is why we have national laws The CHAIRMAN. The time of the people would argue why should Govern- that bind us together for this obliga- gentleman from California [Mr. MIL- ment agencies and entities be running tion. But we knew and the mayors LER] has expired. powerplants? Why should they be run- knew and the county people and the (By unanimous consent, Mr. MILLER ning drinking water systems? Let that State knew that this was never about of California was allowed to proceed for be privatized. the Federal Government paying 100 2 additional minutes.) There is not going to be an incentive percent. This was about the Federal b to privatize them if the rules are going Government collecting the taxpayers’ 1250 to be if it is a government-run enter- money to help these cities meet what Mr. VENTO. Mr. Chairman, will the prise the government will have to pay was a political problem, an environ- gentleman yield? for the costs for that enterprise to re- mental problem in their localities, to Mr. MILLER of California. I yield to duce pollution. clean up the rivers and waterways. And the gentleman from Minnesota. So I urge support of this amendment. had not the Federal Government pro- Mr. VENTO. I thank the gentleman And to keep this in perspective, this vided both the catalyst in terms of the for yielding. I just wanted to point out should not be covered the way that we mandate and the catalyst in terms of that 30 years ago or so, when the Fed- would look at other unfunded man- grants for wastewater cleanup or devel- eral Government came to this issue of dates. opment block grants that provided ad- dealing with clean water and clean air Mr. MILLER of California. Mr. Chair- ditional money or the earmarks in Fed- and some of the other issues, we had man, I move to strike the requisite eral legislation, the rivers and the wa- had 200 years of history of States not number of words. terways of this country simply would coming together as compacts in terms (Mr. MILLER of California asked and not have been cleaned up because they of dealing with these issues. Not just was given permission to revise and ex- were not prepared to go to their local that they needed the Federal Govern- tend his remarks.) taxpayer and say ‘‘We will pick up 100 ment to tell them what to do, but they Mr. MILLER of California. Mr. Chair- percent of the cost.’’ need us as a framework around which man, either this bill is not on the level, What they were prepared to say to to build the solutions to these particu- or we desperately need the amendment the taxpayer was if you will put up lar problems. of the gentleman from Mississippi [Mr. some money, we got a way to get some As I said yesterday, so often, and TAYLOR]. Because the suggestion is, Federal money. You used to call it free, again today, so often this is referred to somehow, when we bump up against free Federal dollars for wastewater. as confrontation as opposed to coopera- the hard question of whether or not we What we found out is, they are not free. tion. It very much is that. If there was are going to regulate and bring in as a They are coming out of the same tax- another way to solve this, we are not matter of national policy, that effluent payer’s pocket. But let us not suggest looking out here, and I do not think be cleaned up from our rivers and our there is some attempt here to erase this Congress, in the past, has looked waterways, we will simply overrule the history. This is the process. This is the for problems that do not exist. They point of order and go on with a major- legislative agenda. This is how it are there. The river, the lake area was ity vote and we will go on about our works. on fire. There are problems with the way, because we recognize national im- We weighed these competing inter- Mississippi River, I know, at the head- portant issues when we see them. ests, we balanced them out, and in the waters of it. Even there, there are Well, then you cannot have all of the case of clean air, in the case of clean problems that needed to be dealt with rhetoric about stopping unfunded man- water, we determined that it was in the and built around this Federal frame- dates. Because, in fact, the process national interest to embark upon a work. that we go through today, the way that program over several decades to clean What you are doing in this particular we arrived at the Clean Water Act and up our waterways, to keep them clean, legislation is putting special impedi- the 10 years we spent in the reauthor- and to be able to respond to advantages ments in place. I would further point ization of the Clean Air Act, is exactly in technology and knowledge and out that there are numerous exceptions that process. We went through 10 years threats to the safety of our air supply already in this legislation that you of hearings, 10 years of combat, 10 and our water supply. find necessary for national security, years of acrimony, 10 years of scientific Now, under this legislation, the sug- for accounting purposes. There are studies by the National League of gestion is you could not really do that seven of them in there, some sort of ex- Cities, by the great city mayors, by by regulation, that that would be an clusion for Social Security, whatever rural America, by the League of Coun- unfunded mandate or certainly be chal- that means. ties or Organization of Counties. All of lenged such that you would be back in But the fact is, actually presenting these organizations came in and said court. The overruling of the point of this when there is a real history of this is what it is going to cost, you are order only helps you with respect to problems here I think is consistent. I only paying a part of this, not all of the legislation. But that is the process. certainly would support the Taylor this, back and forth. What you are telling us is you are amendment and thank my friend for But we also knew something else: going to go through that same process, his statement and for yielding. None of those cities could do it by because you are going to weigh that, Mr. SCHIFF. Mr. Chairman, I move themselves, and none of them were have the competing studies, have the to strike the requisite number of willing to do it without Federal money. reports from the agencies, we will put words. And they also wanted protection from it all on the table, and we will still Mr. Chairman, the problem with the being sued by their neighbor if they make a determination. supposition on behalf of the Taylor could not do it immediately. So the legislation, what the legisla- amendment is that it is a supposition So when you look at the Sacramento tion does is dramatically drag out the that the subject matter is reducing ef- River or look at San Francisco Bay or process and make it far more com- fluent into rivers and streams; there- the immense problems of the Mis- plicated rather than stopping unfunded fore, it is automatically good legisla- sissippi, it would make little difference mandates. tion and good policy and not subject to if my hometown of Martinez decided to Now, the other possible thing to do is any kind of practical, including finan- clean up its sewage before it discharged simply return it all, add up what we cial, review. it into the bay, if the city of Sac- spent, the $60 or $70 billion, give it As I have indicated, the Rio Grande ramento was not doing that or a huge back to the taxpayers over the next 10 runs through the middle of Albuquer- city like San Francisco was not doing years, and let the mayors and city gov- que. I am entirely sympathetic to what it. ernments make their own decisions the gentleman from Mississippi is rais- So we wanted to know that if we about whether or not they think they ing, but there have even been other ex- made this effort, we would benefit from should do it. But that is obviously un- periences with our location. the effort, we would end up with a acceptable to them, and it is unaccept- Several years ago the Congress of the cleaner bay, as opposed to a cleaner ef- able to the Nation as a matter of na- United States gave native American fluent into the bay. tional policy. tribes in pueblos the power essentially H 432 CONGRESSIONAL RECORD — HOUSE January 20, 1995 to enact the water standards for water Federal Government needs to make So I say to the gentleman from Mis- that passes along their shores to be en- sure that we protect ourselves and our sissippi [Mr. TAYLOR], I applaud the forced by the Federal Environmental citizens. Even though I still would like gentleman for spending his time on Protection Agency. A pueblo just south to reiterate my support for ending un- this, and I thank the gentlewoman for of Albuquerque said the standard they funded Federal mandates on our State yielding to me. wanted for the Rio Grande was drink- and local governments, but I am acute- The CHAIRMAN. The time of the ing water standards that you ought to ly aware of what this does, but there gentlewoman from Florida [Mrs. be able to drink the water right out of are just some responsibilities that we THURMAN] has expired. the Rio Grande, and it ought to be all must share. Mr. PETERSON of Florida. Mr. healthy and safe. There are some mandates that each Chairman, I move to strike the req- According to experts I have talked State should follow to protect every uisite number of words. to, the water in the Rio Grande has citizen. And by passing this amend- I yield to the gentleman from Mis- never been up to that standard, even ment, we will provide an important sissippi [Mr. TAYLOR]. before any kind of industrialization or safeguard for our American citizens. Mr. TAYLOR of Mississippi. Mr. buildup in the area occurred, there Mr. Chairman, I yield to the gen- Chairman, let me begin by com- would be natural contaminants in the tleman from Florida [Mr. PETERSON]. plementing our chairman pro tempore river that would make it unsafe, unsafe Mr. PETERSON of Florida. Mr. on his extremely judicious use of his to drink raw right out of the river. Chairman, I thank my colleague for authority today. It really was refresh- Nevertheless, the Federal Environ- yielding to me. I, too, stand in strong ing to have a bill come to the floor mental Protection Agency, based upon support of the Taylor amendment. I under an open rule and let Members its understanding of the law that Con- think this is logic. This is the real talk about it. I am saying that as a gress passed, was prepared to enforce world. Democrat. that kind of standard on everybody up- Virtually every community in the I am asking my colleagues to judi- stream from the pueblo. United States is downstream from ciously use their authority. This is not What this comes down to is that this somebody. And we in Florida are down- an attempt to kill the bill. I am going is not a subject, because it is an impor- to vote for the bill. This is an attempt tant issue still does not make it a sub- stream from virtually everybody. And it has cost the State of Florida a great to perfect it, an attempt to perfect it ject that ought to be beyond the scru- that I made in committee, an attempt tiny of Congress, what is being pro- deal. In fact, we have funded for many years, through the Subcommittee on to perfect it that I have made privately posed here, what will be gained and with the gentleman from Pennsylvania what will the cost be. Energy and Water of the Committee on Appropriations, a very special project [Mr. CLINGER], an attempt to perfect it If the Congress determines in the in conversations I had with the gen- area of reducing effluents into rivers, a called the Tri Rivers project, in which we are trying to accommodate the tleman from Ohio [Mr. PORTMAN], and very important subject, that the Con- in conversations with the gentleman gress ought to move here, it is still free problems that exist within three from California [Mr. CONDIT]. to do so, but only after Congress has States, Georgia, Alabama, and Florida, as it applies to three major rivers that been made properly responsible and ac- b 1300 countable on the issue. ultimately end in Florida, into a very Mrs. THURMAN. Mr. Chairman, I pristine ecosystem that would in fact It is important, Mr. Chairman, that move to strike the requisite number of destroy a large part of north Florida in no one community poisons another words. this case, if we do not find some solu- community. That is the only point we Mr. Chairman, I rise in strong sup- tions to this. are trying to make. port of the amendment of the gen- The problem is thus, the city of At- The point is that the Clean Water tleman from Mississippi [Mr. TAYLOR] lanta is essentially wishing to draw off Act was not reauthorized. Because it today, and I do share his concerns more water off the Apalachicola River was not reauthorized, it will have to be about the effects on the sewage-flow than will allow the sustaining of that reauthorized. When it does, it becomes laws. ecosystem. So we have to look at this new language. It there creates, in my While he talks about the one-third of from the standpoint of making sure mind and in a lot of people’s minds, the the continental United States flowing that we do not end up with a huge judi- question: Does that mean the through the home State of the gen- cial problem with the courts loaded up wastewater effluent standards for our tleman from Mississippi [Mr. TAYLOR], with problems between the various Nation go out the window, a very fair by way of the Mississippi River, I have states fighting out who is in charge. question to ask. to tell you, my home State of Florida I think this amendment takes us into All we want to do is put language in is the southernmost State in the con- a solution to that, and we have got to the bill that says, ‘‘Yes, they will still tinental United States. So like Mis- spend some time in making sure that apply, and all you lawyers out there sissippi, we depend heavily on its natu- this is heard, that all the questions are who would love to sue the Federal Gov- ral resources to support our tourism, answered and that we do not end with ernment and get into the taxpayers’ which is our State’s No. 1 industry. something that we cannot change ulti- pockets by suing them and holding us Let me give my colleagues an exam- mately. up in court forever, do not even apply ple of some concerns that I have that I want to make a point though. This for the funds, because we have made a potentially has an effect on us in this is the problem with a lot of water ques- statement of intent that as far as area. In the Big Bend region, the Su- tions. These are not systems that are wastewater is concerned, we will con- wannee River, which flows south into being worked on without Federal tinue to live by the same standards Florida, is the life source for this re- money. A great deal of Federal money that we have had for about a decade gion’s fish nurseries and any kind of is being used to correct the problems now,’’ a very good standard, a standard degradation would result in the loss of we have in the water problems of the that has cleaned up the water in front some of Florida’s most important areas United States in general. In fact, what of my home, in front of the home of the of salt water fishing, oysters, which it takes us to is the pertinent setup of gentleman from Florida [Mr. PETER- many of us enjoy and like, and are partnerships, local, State, and Federal SON], and in front of homes all across known for, as well as, I might add, our Government working together to solve the country. water supply. In fact, some of the coun- a national problem. That is what my Wastewater is something that starts ties to the south of me are now even friend from Mississippi is really focus- locally but affects us nationally, and looking at the Suwannee River as a ing on. therefore it is a national issue. It is source for their water supply. We have to, I think, in the process of something that we need to point out. I I would like to just suggest to my being Representatives of the United have brought to the attention of rea- colleagues that I think this debate has States, to look after the needs and the sonable people a problem that reason- been a very good debate, and I think we welfare of the entire United States and able people should solve before it costs all realize that this is an issue that the not just one small constituency. us a heck of a lot of money. January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 433 Mr. Chairman, I am asking that the Then we can decide do we move for- On Monday the House will meet at chairman will accept this amendment. ward in that direction or do we come 12:30 for morning hour. Business will I hope he will. Should he not do so, I back and say perhaps we cannot afford begin at 2 o’clock. Any votes ordered will ask for a recorded vote. to fund this, and it is an unfunded on Monday will be postponed until 5 Mr. PETERSON of Florida. Mr. mandate, and we should not go for- o’clock. Chairman, the point being made by the ward, and the public would be better At 5 o’clock the House will resume gentleman from Mississippi [Mr. TAY- served if we did not. consideration of amendments to H.R. 5, LOR] is that reasonable people must sit It makes it a fair argument. It is ba- unfunded mandates legislation. Mem- down and find reasonable solutions, but sically fairness and soundness in gov- bers should be aware that the House we must also be very clear in answer- ernment. That is what it is all about. will work late into the night on Mon- ing all the questions associated with Unfortunately, an amendment like day night. this. I am very concerned with the ra- this, which is extremely well intended, On Tuesday the House will meet at pidity with which we are trying to which has some good functions, cannot 9:30 a.m. for morning hour. At 11 a.m. move something as important as this fall any differently than any other as- the House will resume consideration of bill through this body. I do not think pects of this. Everything should fall amendments to H.R. 5, and will hope- we are giving this the due process into the same category of being exam- fully complete consideration of the leg- which the American people desire and ined. islation. We will recess at 6 o’clock on deserve. Therefore, no matter how beneficial Tuesday and reconvene at 9 o’clock for Mr. CASTLE. Mr. Chairman, I move the arguments are, no matter how the President’s State of the Union Mes- to strike the requisite number of strong and compelling the so-called sage. words. logic may be, we really need to address On Wednesday the House will con- Mr. Chairman, I will speak briefly, unfunded mandates in the Congress of vene at 11 o’clock and we will begin and then I will yield to the distin- the United States. It is my hope that consideration of House Joint Resolu- guished gentleman from Pennsylvania this amendment would be defeated, and tion 1, the balanced budget amend- [Mr. CLINGER], hopefully to close out any subsequent amendments would as ment, subject to a rule being adopted. this argument. well. Mr. Chairman, on Thursday and Fri- Mr. Chairman, I would like to con- Mr. Chairman, I yield to the gen- gratulate the gentleman from Mis- tleman from Pennsylvania. day, if necessary, the House will meet at 10 o’clock in the morning to con- sissippi [Mr. TAYLOR]. His amendment Mr. CLINGER. Mr. Chairman, I is a good one, one which should not be thank the gentleman for yielding. tinue consideration of the balanced accepted, but I congratulate him for Mr. Chairman, the gentleman from budget amendment. initiating one of the greatest argu- Mississippi [Mr. TAYLOR] indicated he Mr. GEPHARDT. Mr. Chairman, I ments on federalism I have heard on hoped I would accept this amendment. thank the gentleman. the floor in the time I have been here Unfortunately, I am unable to do so. Mr. Chairman, I would first ask or seen anyplace. This, I think, is a serious gutting, whether or not the gentleman believes Mr. Chairman, there is a basic fair- frankly, of what we are trying to do there will be votes on Friday. I heard ness doctrine and issue that I think we here. the gentleman say that the balanced have to address as we look at this par- It has already been indicated if this budget consideration would go into ticular amendment, and as we look at amendment were to pass we would then Friday. If it does not go into Friday, if a succession of amendments which are move on to consider all pollution, all we are able to finish on Thursday, going to deal with the environment, interstate pollution. It would open a would there be other legislation that which are going to deal with health floodgate that I think we would be very would be brought up on Friday? care, which are going to deal with a va- wrong to do. This is a prospective only Mr. ARMEY. If the gentleman will riety of issues which people are going bill. It will not affect anything on the continue to yield, if we finish the BBA to try to exempt from an unfunded books now. on Thursday, we would expect to go pro mandate statute and say this should Second, we dealt with the reauthor- forma on Friday, with the possible ex- not have gone through it because of the ization problem. We may disagree on ception of what is currently unex- importance of the subject, because it is whether that answers the gentleman’s pected emergency legislation that interstate, or whatever it may be. problem. I think it does. could come up. I think we need to hold The bottom line is that this Congress Third, this act in no way is going to that possibility out. However, at this for many, many years, particularly in prevent important national laws from point we would expect that if we com- the last 25 or 30 years, has used the being enacted. They will be enacted. plete on Thursday, we would be pro methodology of unfunded mandates to We may well pass on some of the man- forma on Friday. hand back to the State governments in dates without funding, but there will Mr. GEPHARDT. Another question, particular, sometimes other govern- be an analysis of the cost and the bene- Mr. Chairman, to the gentleman with ments, certain responsibilities without fits that are involved in that. regard to the loan guaranty on Mexico. sharing the burden of paying for them Finally, I would just say our partners Mr. Chairman, would the gentleman or only sharing it in part. The local in this effort, the big seven, the Na- tell me if that is scheduled for next governments have said, A, we cannot tional Governors Association, the Con- week, or if not, when it might be sched- afford it, and B, in some instances it ference of Mayors, the National League uled? Is there any general idea? does not apply where we are. of Cities, all of these agencies strongly Mr. ARMEY. If the gentleman will State governments are responsible, would oppose this amendment, so I continue to yield, Mr. Chairman, as the too. They have handed it back to the must urge a ‘‘no’’ vote on this amend- gentleman knows, this is a very sen- counties and municipalities as well, ment. sitive legislative issue. There are ongo- and they also have to deal with this LEGISLATIVE PROGRAM ing negotiations where we are trying to particular issue. (Mr. GEPHARDT asked and was arrive at the language that would The bottom line is this has been given permission to address the House make it possible for us to act on that. going on for far too long. We could for 1 minute.) We have not brought these to the point argue the exception of any one of these Mr. GEPHARDT. Mr. Chairman, I where we can make an announcement issues if we wished, but we really need yield to the gentleman from Texas [Mr. at this time. We will, of course, let to start addressing it in this particular ARMEY], the distinguished majority Members know as soon as we know piece of legislation, which essentially leader, to inquire about the schedule something. is information and accounting which for next week. Mr. GEPHARDT. Mr. Chairman, two will put before us and the public, and Mr. ARMEY. Mr. Chairman, I thank additional questions on the balanced particularly the Governors and the the gentleman for yielding to me. budget amendment. county executives and mayors and Mr. Chairman, we will try to rise On the balanced budget amendment, those who are concerned about it, what today at 3 o’clock. I know Members are could the gentleman let us know the the costs are and what the issues are. anxious to get home to their districts. majority’s intention with regard to H 434 CONGRESSIONAL RECORD — HOUSE January 20, 1995 making amendments in order on the Mr. CLINGER. Mr. Chairman, will trying to reclaim the Chesapeake Bay. balanced budget amendment? the minority leader yield? The Chesapeake Bay has been the work Mr. ARMEY. Mr. Chairman, if the Mr. GEPHARDT. I yield to the gen- of many States. The State of Penn- gentleman will yield further, again, as tleman from Pennsylvania. sylvania, the State of Virginia, the the gentleman knows, tonight is the Mr. CLINGER. If I may address a State of Maryland, and the District of deadline for filing. The Committee on question to the majority leader, you Columbia have all been involved in ef- Rules intends to meet Monday morn- indicated that you anticipate that we forts to try to reclaim the water qual- ing, I believe, and draft a rule. It is our would be in pro forma session on Fri- ity of the Chesapeake Bay. It has in- intention, certainly, to grant a rule day. In the hopefully unlikely event volved local governments, it has in- that is more open and fair than any we that we have not concluded action on volved the private sector. There is a lot have seen on this subject for a long H.R. 5, would there be any possibility of cooperation. time, but the details of the rule, of that we would return to H.R. 5 on Fri- But with this legislation, we run the course, could not be completed until day? the Committee on Rules has every re- Mr. ARMEY. It is our intention to risk of stepping backwards in our ef- quest to consider on Monday. conclude H.R. 5 before we go to BBA. forts to reclaim the bay and all of the Mr. GEPHARDT. Finally, Mr. Chair- As we see, there are a great many work that we have done. man, on the last couple of days the 1- amendments offered. There are enor- Let me just give an example. The nu- minute speeches have been limited at mous amounts of time being used on trient level in the bay is one of our the beginning of the day. Does the gen- each amendment. We stretch out the major problems. Water treatment facil- tleman expect this to continue, or can hours of the working day wherever we ity plants directly affect the nutrient he tell us if there is a policy? can to try to accommodate that. level in the bay. The Susquehanna Mr. ARMEY. Mr. Chairman, if the With the cooperation of the Mem- River is a major tributary to the gentleman will continue to yield, that bers, though, it is still our hope and Chesapeake Bay. is, of course, something important to our belief that we can get this matter Unless we have controls on water the Members. It is something we are concluded in a timely fashion, so that treatment that affect the Susque- reluctant to do. Our only interest in it will not postpone our days for con- hanna, the work that is done by Mary- ever limiting them is only in the inter- sideration of House Joint Resolution 1. land could be negated. It is only rea- est of getting us quickly to the legisla- Mr. SOLOMON. Mr. Chairman, will sonable that we have certain national tive schedule for the day’s work, in the the minority leader yield? standards as it relates to multiple ju- interest of getting Members out as Mr. GEPHARDT. I yield to the gen- soon as possible. So only when we risdictional waters, such as the bay. tleman from New York. The bay is absolutely critical to the think it is necessary to facilitate the Mr. SOLOMON. I thank the gen- movement of the day’s work for the economic life of my State of Maryland, tleman for yielding. and it is extremely important to the Members’ convenience would we make I would just like to point out to the quality of life of the people who live in such a limitation. membership that the Committee on this region. Mr. GEPHARDT. I thank the gen- Rules will be starting the hearing on I would hope that my colleagues tleman. the balanced budget amendment at 1 Mr. VENTO. Mr. Chairman, will the p.m. on Monday. I will just point out would not want to do anything that gentleman yield? that already there are more than two would jeopardize the progress that we Mr. GEPHARDT. I yield to the gen- dozen substitutes that have been have made through sacrificing on land tleman from Minnesota. prefiled with the Clerk. That means use, on fishing in the bay in order to Mr. VENTO. Mr. Chairman, it was the hearings are going to last for quite try and bring back the quality of the not clear from the statement of the some time. We intend to finish the bay. majority leader concerning whether we hearing on the balance budget amend- Let us not make a mistake. Let us would be taking amendments on H.R. 5 ment on Monday, even if we go until support the Taylor amendment. starting at 2 or shortly thereafter. I midnight. Ms. JACKSON-LEE. Mr. Chairman, I think he spoke and said 5 p.m. that he I would just forewarn the Members move to strike the requisite number of was going to take amendments on H.R. about that, because we intend to take words. 2. We are not clear on that. I would up the rule on the balanced budget like clarification. I thank the Demo- Mr. Chairman, I rise to support and amendment on Tuesday. cratic leader for yielding to me. emphasize as a representative from the Mr. GEPHARDT. Does the distin- State of Texas the value of some very b 1310 guished chairman of the Committee on serious efforts that we have made in Mr. ARMEY. As the gentleman Rules have any idea at this point of our community in Houston, TX, deal- knows, you cannot postpone or delay how the rule will be structured, or is ing with the broader viewpoint of safe votes when you are in Committee of that left to the committee? water as well as the ability to main- the Whole. If in fact we can work out Mr. SOLOMON. As the Speaker has, I tain a healthy condition as relates to some understanding regarding the ac- think, confided to you, we want to be wastewater and sewage. ceptability of amendments that might as open and as fair as we possibly can. It is not a popular effort for local be offered between 2 p.m. and 5 p.m., we There are almost, I think, two dozen government to engage in the monu- could proceed with that work. Democrat substitutes. There are six or mental task of dealing with the repair seven Republican, I believe, and cer- But in the interest of our Members and rebuilding and the correcting of tainly we would like to take you into who will be traveling on Monday, we sewage or sewer problems. It is not consultation and determine what cannot take under consideration an something that our constituents care would be a fair rule for the House. We amendment that would require a vote to hear about. But it impacts greatly before 5 p.m. would expect cooperation on both the broad view of public health and Mr. GEPHARDT. One additional sides. public safety. question. Could the gentleman make a Mr. CARDIN. Mr. Chairman, I move prediction on whether or not there to strike the requisite number of We in the broader community of might be late votes on Wednesday and words, and I rise in support of the Tay- Houston-Harris County have faced the Thursday into the evening, or do you lor amendment. constant need to clean our water and know that at this point? I was listening very closely to my to provide a kind of system that allows Mr. ARMEY. We will expect to ad- colleague from Pennsylvania. He has for the treatment of sewage and to pro- journ at a normal hour. I understand not assured me of the concerns that I vide the adequate wastewater system. there are important time conflicts. I have on some very important environ- I support an effort to avoid unfunded see no reason for us to have any expec- mental issues affecting my State. mandates. I have seen firsthand the tation other than a normal adjourn- One issue that has been particularly burdens on towns and cities and county ment at around 6 p.m. on both those important to the people of this region government. But each time that I have evenings. has been the work that we have done in spoken to constituents as it relates to January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 435 the question of public safety and the RECORDED VOTE Fawell Kingston Riggs Fields (TX) Klug Roberts wastewater efforts that have been Mr. TOWNS. Mr. Chairman, I demand Flanagan Knollenberg Roemer made on behalf of citizens, it is one a recorded vote. Foley Kolbe Rogers that they support and advocate, for it A recorded vote was ordered. Forbes LaHood Rohrabacher The CHAIRMAN. This is a strict 17- Fowler Largent Ros-Lehtinen clearly is an investment in the long- Fox Latham Roth range improvement of local govern- minute vote. Frank (MA) LaTourette Roukema ment and that physical structure. The vote was taken by electronic de- Franks (CT) Lazio Royce I would ask the support of excluding vice, and there were—ayes 173, noes 249, Franks (NJ) Leach Salmon Frelinghuysen Lewis (CA) Sanford those particular needs relating to not voting 12, as follows: Frisa Lewis (KY) Saxton wastewater, relating to sewage treat- [Roll No. 23] Funderburk Lightfoot Scarborough ment which tend to go unattended to, AYES—173 Gallegly Linder Schaefer Ganske LoBiondo Schiff not because local governments do not Abercrombie Gibbons Olver Gekas Longley Seastrand care about it because of the multitude Ackerman Gordon Ortiz Gilchrest Lucas Sensenbrenner of burdens that we have to face, but Baesler Green Owens Gillmor Manzullo Shadegg Barrett (WI) Gutierrez Pallone Gilman Martini Shaw yet can have long-range negative im- Becerra Hall (OH) Pastor Gonzalez McCrery Shays pact if you have a situation of a violent Beilenson Hall (TX) Payne (NJ) Goodlatte McDade Shuster overrun of sewage in a very poor and Bentsen Hastings (FL) Pelosi Goodling McHugh Sisisky Berman Hefner Peterson (FL) Goss McInnis Skeen improper wastewater system. Bevill Hilliard Pickett Graham McIntosh Skelton Mr. Chairman, let me ask my col- Bishop Hinchey Pomeroy Greenwood McKeon Smith (MI) leagues to recognize that what we do in Bonior Holden Rahall Gunderson Meehan Smith (NJ) Borski Hoyer Rangel Gutknecht Metcalf Smith (TX) this House is long lasting. It remains Boucher Jackson-Lee Reed Hamilton Meyers Smith (WA) in place. Let us support being respon- Browder Jacobs Richardson Hancock Mica Solomon sive to the issue of unfunded mandates. Brown (CA) Jefferson Rivers Hansen Miller (FL) Souder Let us recognize that there are clear is- Brown (FL) Johnson, E. B. Rose Harman Minge Spence Brown (OH) Kanjorski Roybal-Allard Hastert Molinari Stearns sues that need our special interest and Bryant (TX) Kaptur Rush Hastings (WA) Moorhead Stenholm concern. Cardin Kennedy (RI) Sabo Hayes Morella Stockman Mr. BORSKI. Mr. Chairman, I wish to ex- Clay Kennelly Sanders Hayworth Myers Stump Clayton Kildee Sawyer Hefley Myrick Talent press my strong support for the amendment Clement Kleczka Schroeder Heineman Nethercutt Tate offered by the gentleman from Mississippi. Clyburn Klink Schumer Herger Neumann Tauzin This amendment is badly needed and will Coleman LaFalce Scott Hilleary Ney Taylor (NC) Collins (IL) Lantos Serrano Hobson Norwood Thomas make this bill work much better. Collins (MI) Laughlin Skaggs Hoekstra Nussle Thornberry It is absolutely essential that we give con- Conyers Levin Slaughter Hoke Orton Tiahrt sideration to the damage that can be caused Costello Lewis (GA) Spratt Horn Oxley Torkildsen by pollution of the Nation's waters. Coyne Lipinski Stark Hostettler Packard Upton Cramer Lofgren Studds Houghton Parker Vucanovich The amendment offered by the gentleman Danner Lowey Stupak Hunter Paxon Waldholtz from Mississippi would make sure that the Deal Luther Tanner Hutchinson Payne (VA) Walker health of our Nation's citizens is protected DeFazio Maloney Taylor (MS) Hyde Peterson (MN) Wamp DeLauro Manton Tejeda Inglis Petri Watts (OK) from water pollution. Dellums Markey Thompson Istook Pombo Weldon (FL) The health of our citizens is not an issue Deutsch Martinez Thornton Johnson (CT) Porter Weldon (PA) that should be snarled in legislative wrangling Dingell Mascara Thurman Johnson (SD) Portman Weller Dixon Matsui Torres Johnson, Sam Poshard White and parliamentary debates. Doggett McCarthy Torricelli Jones Pryce Wicker Instead of subjecting water pollution laws to Doyle McDermott Towns Kasich Quillen Wolf additional points of order, we should be direct- Durbin McHale Traficant Kelly Quinn Young (AK) ing our efforts to make sure that the health of Edwards McKinney Tucker Kennedy (MA) Radanovich Young (FL) Engel McNulty Velazquez Kim Ramstad Zeliff all of our citizens is protected to the greatest Eshoo Meek Vento King Regula Zimmer extent possible. Evans Menendez Visclosky Protection from pollution is a basic function Farr Mfume Volkmer NOT VOTING—12 Fattah Miller (CA) Ward of governmentÐall levels of government. Archer Johnston Reynolds Fazio Mineta Waters Callahan Lincoln Stokes The gentleman from Mississippi deserves Fields (LA) Mink Watt (NC) de la Garza Livingston Walsh congratulations for moving to protect our Na- Filner Moakley Waxman Dicks McCollum Yates Flake Mollohan Whitfield tion's citizens from health problems associated Foglietta Montgomery Williams b 1334 with water pollution. Ford Moran Wilson This is an important amendment that has a Frost Murtha Wise The Clerk announced the following Furse Nadler Woolsey pair: widespread national impact. Gejdenson Neal Wyden If we fail to adopt this amendment, we will Gephardt Oberstar Wynn On this vote: have restricted the ability of CongressÐour Geren Obey Mr. Stokes for, with Mr. McCollum national legislatureÐto take action on water NOES—249 against. pollution. I do not believe the American people Allard Brewster Cooley Mr. BARCIA and Mr. BALDACCI want less protection from water pollution. Andrews Brownback Cox changed their vote from ‘‘aye’’ to ‘‘no.’’ The Clean Water Act has successfully con- Armey Bryant (TN) Crane Mr. LAFALCE changed his vote from Bachus Bunn Crapo trolled pollution and cleaned up many of our Baker (CA) Bunning Cremeans ‘‘no’’ to ‘‘aye.’’ waterways during the past two decades. We Baker (LA) Burr Cubin So the amendments were rejected. should not be attempting to roll back the clock Baldacci Burton Cunningham The result of the vote was announced to the days when many of our Nation's major Ballenger Buyer Davis as above recorded. Barcia Calvert DeLay waterways were dying from pollution. Barr Camp Diaz-Balart b 1340 This amendment means we won't be reduc- Barrett (NE) Canady Dickey ing the protection that has been given to the Bartlett Castle Dooley AMENDMENTS OFFERED BY MR. TOWNS Barton Chabot Doolittle health of the American people. Bass Chambliss Dornan Mr. TOWNS. Mr. Chairman, I offer Mr. Chairman, I urge support of the amend- Bateman Chapman Dreier two amendments, Nos. 133 and 134, as ment of the gentleman from Mississippi. Bereuter Chenoweth Duncan printed in the RECORD, and I ask unani- The CHAIRMAN. The question is on Bilbray Christensen Dunn Bilirakis Chrysler Ehlers mous consent that they be considered the amendments offered by the gen- Bliley Clinger Ehrlich en bloc. tleman from Mississippi [Mr. TAYLOR]. Blute Coble Emerson The CHAIRMAN. The Clerk will des- The question was taken; and the Boehlert Coburn English ignate the amendments. Boehner Collins (GA) Ensign Chairman announced that the noes ap- Bonilla Combest Everett The text of the amendments is as fol- peared to have it. Bono Condit Ewing lows: H 436 CONGRESSIONAL RECORD — HOUSE January 20, 1995 Amendments offered by Mr. TOWNS: In sec- tion and health and safety hazards it partnership, if you will, between Fed- tion 4, strike ‘‘or’’ after the semicolon at the creates. eral, State, and local governments. end of paragraph (6), strike the period at the It is a disincentive. I think that is There is no intent here in any way to end of paragraph (7) and insert ‘‘; or’’, and the last thing that we should try to after paragraph (7) add the following new undermine existing health or environ- paragraph: create. We highlighted this problem mental or safety legislation. There is a (8) regulates the conduct of States, local last year. It is not a hypothetical situ- provision where a point of order lies governments, or tribal governments with re- ation. It is real. Interstate health and against a mandate that does not pro- spect to matters that significantly impact safety problems exist now, today, all vide funding. That does not preclude the health or safety of residents of other over this country. Congress from passing that mandate States, local governments, or tribal govern- In fact, in Oklahoma they had to get ments, respectively. through to the local governments, but a Supreme Court ruling to protect its it would require a debate on that, In section 301, in the proposed section 422 water standards against downstream of the Congressional Budget Act of 1974, something we never have had before. strike ‘‘or’’ after the semicolon at the end of pollution from Arkansas. In the earlier debate, this does not paragraph (6), strike the period at the end of Just a few years ago, New Jersey take into account any of the benefits residents rightfully expressed concern paragraph (7) and insert ‘‘; or’’, and after that might be derived from the man- paragraph (7) add the following new para- about New York’s hospital wastes date. I suggest at this point the only graph: washing up on New Jersey’s shores. thing we do take into consideration at (8) regulates the conduct of States, local There is also a problem with inciner- governments, or tribal governments with re- ators blowing toxic smoke across State this point, what the benefits might be; spect to matters that significantly impact lines and adversely affecting the health we do not take into account what the the health or safety of residents of other of citizens in adjoining jurisdictions. costs on local and State governments States, local governments, or tribal govern- have been. What this will do is require ments, respectively. States like New Hampshire, Massachu- setts, Connecticut, and Rhode Island the costs to be a part of that mixture. The CHAIRMAN. Is there objection Mr. DREIER. Mr. Chairman, will the to the request of the gentleman from are constantly complaining that their air quality is negatively affected by air gentleman yield? New York that the amendments be Mr. CLINGER. I yield to the gen- considered en bloc? pollutants from New York and Phila- delphia. tleman from California [Mr. DREIER]. There was no objection. Mr. DREIER. I thank the gentleman Mr. TOWNS. I thank the Chairman. In conclusion, the State that should be held accountable for the creation of for yielding to me. Mr. Chairman, let me begin by first the burden is relieved of their respon- I would simply like to associate my- commending Chairman CLINGER, the sibilities. They should have the respon- self with the remarks of the distin- ranking member, the gentlewoman sibility and should not be allowed to guished chairman of the Government from Illinois [Mrs. COLLINS] and all of walk away from it. We should not re- Reform and Oversight Committee and those who have been involved in this ward States for wrongdoing. say what we are creating here in fact is issue. And of course we were involved This amendment would prevent an accountability. In the past we have in this issue last year. But I would like interstate catastrophe. I would urge its seen the Congress regularly slip provi- to first point out that what we are adoption. sions into all kinds of legislation, doing this time is very different than Mr. CLINGER. Mr. Chairman, I rise what we did last year. So what I would which has imposed a very detrimen- in opposition to the amendment. tal—had a very detrimental impact on like to do is to offer the amendments The CHAIRMAN. The gentleman that I think strengthen the bill be- State and local governments; we in the from Pennsylvania [Mr. CLINGER] is cause I am trying to find a way to sup- Congress have no longer been account- recognized for 5 minutes. able. port the bill. Mr. CLINGER. Mr. Chairman, I rise This en bloc amendment is designed As the gentleman says, it is quite in reluctant opposition to the amend- possible that this could happen again, to remedy a serious flaw. It would ex- ment. empt from the coverage of this bill any but the difference is that we have to First of all, I would indicate to the say whether we are for it or against it, Federal law or regulation that regu- gentleman from New York [Mr. TOWNS] lates States and local governments re- we have to go on record so that we as that we have discussed this amend- an institution and as individuals are garding interstate matters that signifi- ment, we are very cognizant of the cantly impact the health or safety of accountable to the American people. problems the gentleman is raising. I thank my friend for yielding, and I the residents of other States or local Mr. Chairman, we come back to what governments. am very supportive of his remarks. we were discussing on the previous Mr. CLINGER. I thank the gen- The problem is very simple. Suppose amendment. That is that this would tleman for his contribution. one State is dumping raw sewage from represent an exception, a broader ex- Mr. DAVIS. Mr. Chairman, will the a treatment plant into a water supply ception, frankly, than the one we were gentleman yield? that is endangering the health of the discussing in the last amendment, be- Mr. CLINGER. I yield to the gen- residents of an adjoining State. Under cause this basically, as I understand it, tleman from Virginia. this bill, if the Federal Government or- would apply to any legislation, any ex- dered the polluting State to stop dump- isting statute or any new statute that Mr. DAVIS. I thank the gentleman ing the sewage into the water and or- affected the public health and safety. for yielding. ders the polluting State to clean up the That is a broader exemption than Mr. Chairman, I just heard a state- mess it created, if the cost of the clean- would have been contained in the pre- ment that when one State dumps pollu- up was a billion dollars, the polluting vious Taylor amendment. tion into another State, the polluting State would not have to fully clean up I just would make the same points State would not have to clean up un- the water unless Congress gave them a again. less Congress gave them a billion dol- billion dollars. This is outrageous. This does not represent in any way lars. That is not accurate, is it, under This is not the kind of law that we an invasion or abrogation or undercut- this legislation? should be identified with or sending ting of existing legislation having to do Mr. CLINGER. That would clearly be out to other States or municipalities. with public health, safety, environ- an overstatement of what might hap- If the State is deliberately endangering ment, or anything else. It is strictly pen. the health of the residents of another prospective in application. Mr. DAVIS. It could happen. State, why should the Federal Govern- Second, it is clear that the sort of Mr. CLINGER. It could. ment have to pay for that? Why should unique situations that the gentleman Mr. DAVIS. That could happen now, not it be the responsibility of the pol- from New York talks about could well could it not? luting State to pay for the mess it cre- be the justification for an exception Mr. CLINGER. Indeed. ated? when the matter is debated. Mr. DAVIS. Even without this act. As currently written, this bill con- I would come back to what the core Mr. CLINGER. Exactly. tains a perverse incentive for the pol- of this is; the core of this is to try to Mr. DAVIS. All we are doing here is luting State not to pay for the pollu- establish a new relationship, a new accounting and that the individuals, January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 437 whether they be States or localities, its will in that way and give partial Under this bill, no State would pay would have to pay and we would know funding, or even no funding, to an im- for new requirements mandating it to what the costs are. portant national priority. clean up the air, the water or the envi- Mr. CLINGER. Yes; that does not Mr. TOWNS. Mr. Chairman, will the ronment unless Federal taxpayers foot come into the equation now. We do not gentleman yield one more time? the entire cost of the cleanup. This have any requirement under existing Mr. CLINGER. I yield to the gen- turns federalism on its head. law to enter into—to have any consid- tleman from New York. Let me give you a personal observa- eration of the costs. I would stress this Mr. TOWNS. I say to my colleague, tion: The health of my constituents in is not about the merits or demerits of ‘‘You know, what you’re saying, and I the seventh district in Chicago was se- any program that we are talking think that we are talking about a verely effected recently because the about. The programs that the gen- health issue here, and I think that’s city of Hammond, IN, was polluting tleman is addressing on this matter are the reason why I become very sen- Lake Michigan, and that polluted all meritorious programs. sitive; you are saying, ‘Trust us.’ But water was filtering into the Chicago you know I don’t think we can go to- b 1350 water supply. If this bill were law, the tally on ‘Trust us,’ because if you have city of Hammond and the State of Indi- All we are saying is they should not a State that’s doing harm to people ana would have no incentive to assist be exempt from, or excluded from, a that reside in another State, you know consideration of what the cost is, and there is no real incentive for them to in cleaning up Lake Michigan because that may well be that the benefits will do anything about it.’’ sooner or later the Federal Govern- be so persuasively presented by those So, I think that is the situation we ment would mandate a cleanup, requir- that are promoting it that we would, in are talking about. So, yes, we would ing full Federal funding. fact, pass the mandate through with- like to trust, but we are talking about I for one will not go back to my con- out the funding, but it would require us people dying, and that is what this stituents in Chicago and tell them that to be—in a judicious way to look at issue is all about. I voted to remove my ability to protect these proposals and make a determina- So I would like for the gentleman to them against the polluted water in tion up or down. think very seriously about adding this Lake Michigan. Mr. TOWNS. Mr. Chairman, will the amendment because I think it The supporters of this bill are fond of gentleman yield? strengthens the bill. I would like to saying that there is no need to worry Mr. CLINGER. I yield to the gen- vote for this, but I cannot vote for it about health, safety, and environ- tleman from New York. knowing that we have this issue out mental issues since existing mandates Mr. TOWNS. I ask, ‘‘Didn’t this bill there that could affect a lot of lives if on State and local government will not say that full funding, in terms of from we do not correct it here now. be covered by this bill, but that is only, Congress, in terms of the mandate, is Mr. CLINGER. I thank the gen- partially, true. If Congress decides to supposed to be full funding? So, if it’s tleman. I would say to the gentleman change essential parts of say our full funding, then a State could very that, as the gentleman from Ohio indi- easily say, ‘I will not move to clean Superfund law to make environmental cated, there is flexibility in the appli- this up unless the Federal Government cleanup more effective, my reading of cation of this point of order. And I gives me the money.’ ’’ this bill is that these changes could I think that is what the bill actually think that the sorts of situations the trigger the bills coverage. The States says, so my amendment would help to gentleman talks about could very well could then refuse to comply with these correct that, to say, ‘‘If you are killing be unique situations that would require changes until Congress pays them to do people in another State, then it be- us to make the kind of decision at the so. comes the responsibility of you to stop Federal level that he indicates. But at Let us look at another matter of doing that,’’ and I think that is what least it would require us, as we are not grave concern in our society. The we are talking about. required to do now, to really look at breast cancer rates in certain cities There are a lot of situations out what we are doing, what the costs are and areas around the Long Island there like that, so it is not just one iso- going to be. Sound are some of the highest in the lated situation. We are talking about That is all we are saying. This is an Nation. Studies are now underway to situations all over this Nation where information vehicle more than any- determine the cause. If it turns out, as this exists, and this bill would prevent thing else. many believe, that these increases in that from being dealt with. Mrs. COLLINS of Illinois. Mr. Chair- breast cancer are caused by the delib- The CHAIRMAN. The time of the man, I move to strike the requisite erate dumping of toxic waste by munic- gentleman from Pennsylvania [Mr. number of words ipal governments, this bill will se- Mr. Chairman, the Constitution as- CLINGER] has expired. verely limit our ability to provide a signs to Congress a unique responsibil- (By unanimous consent, Mr. CLINGER meaningful remedy. How can we tell ity for regulating affairs among the was allowed to proceed for 2 additional women that our hands are tied and States. The Founding Fathers cor- minutes.) cannot help because the Federal Gov- rectly anticipated that without a sin- Mr. CLINGER. Mr. Chairman, I yield ernment cannot foot the entire cost of gular Federal power to regulate com- to the gentleman from Ohio [Mr. the cleanup. How do we tell pregnant PORTMAN]. merce, travel, and other interstate af- fairs, this country could not exist as a women, like those living at Love Mr. PORTMAN. Mr. Chairman, first Canal, who are still concerned that let me say to the gentleman from New united nation. their unborn children may have birth York I appreciate all the input he has That rational was the genesis of the defects caused by the intentional made to this issue. We would not be commerce clause and the supremacy dumping of toxic waste, that we have here today on the floor if it was not for clause in the Constitution. It is also the gentleman from New York [Mr. the underpinnings of this amendment. legislated away our ability to remedy their problem? TOWNS]. Chairman TOWNS last year in Once Congress abandons its respon- his subcommittee held three hearings sibility to protect the health and safe- H.R. 5 says that this bill will not on this subject, two field hearings, one ty our residents the integrity of our apply to laws that are necessary for in Pennsylvania, one in Florida, and a Federal system is jeopardized. the ratification of international trea- hearing here in Washington, and in This is why I vigorously support the ties. Implicitly, this bill says that those hearings we flushed out a lot of amendment of the gentleman from New interstate pollution is less important the issues we are now discussing. York [Mr. TOWNS]. Under this bill a than treaty ratification. I defy anyone Just addressing quickly the notion of point of order can be raised against in this House to argue that the ratifi- full funding. It is true that if there is intergovernmental mandates that are cation of international treaties is more not full funding, it is subject to a point not fully paid for by Congress. Thus, a important to the American people than of order on the floor. Congress can al- premise behind H.R. 5 is that it is the laws designed to protect them from the ways waive that point of order by a Federal Government’s responsibility to deliberate dumping of toxic waste from majority vote, and Congress can work pay States not to pollute. neighboring States. H 438 CONGRESSIONAL RECORD — HOUSE January 20, 1995 H.R. 5 exempts from this bill laws b 1400 the transfer across State borders of that require compliance with account- Mr. DINGELL. Mr. Chairman, I move pollutants to water, groundwater, to ing and auditing procedures with re- to strike the requisite number of air, or to the environment from one spect to grants or other money or prop- words. State to another. erty. What insane values are we im- (Mr. DINGELL asked and was given I believe that is good policy. Failure parting to our children when we say permission to revise and extend his re- to adopt this amendment assures that that auditing standards are more im- marks.) we will have to readdress this amend- portant to us than the health or safety Mr. DINGELL. Mr. Chairman, this is ment again under the same kinds of ir- of our constituents? a part of a pattern which is rapidly be- responsible pressure that we confront For those of my colleagues who are coming clear to all. We are hearing today; that we will have to try to undo trying to decide whether to support now on the floor legislation which has something which has totally rent the this amendment, ask yourself this sim- not been properly considered in the fabric of cooperation which we have ple question: ‘‘Would your constituents committees, because of an extraor- built since the 1950’s on clean air and want Congress to stop a neighborhood dinary level of haste on the part of all clean water; and the protections we State from deliberately endangering who are together in bringing these have had for the environmental protec- their health?’’ If the answer is yes, matters to the floor. tions of the people of this country. then they should support this amend- The amendment offered by the distin- It is not too much to expect that ment. guished gentleman from New York [Mr. States will clean up their mess without Mr. DAVIS. Mr. Chairman, I move to TOWNS] deserves support. The bill as it being paid by the Federal Government. strike the requisite number of words. is drawn, again upon which no hearings We do not require that the Federal Mr. Chairman, I have heard a number have been held, would simply require Government compensate industry for of scary stories told here that really do that the Federal Government would that kind of action. Why is it that we not apply to this legislation, if my col- pay States and municipal units of gov- would then say a State may set up a leagues take a look at what we are ask- ernment for cleaning up their pollution municipal waste dump, a hazardous ing here. First of all, what this legisla- which flowed across the boundary lines waste dump, an electrical utility gen- tion is about is it forces Congress to fi- of States or municipalities into other erating system, or a nuclear facility, nally be honest with the American peo- States. without requiring the Federal Govern- ple about the programs and the regula- For example, California. California ment to pay for them to take the steps tions it creates. Taxpayers deserve to would be paid under this for cleaning that they should take simply as good know the price of a program or a regu- up its pollution which affects people in citizens, and as we would impose on lation before they are forced to buy Arizona, New Mexico, in Oregon, and any ordinary person, or as we would into it. This bill for the first time ever other adjacent States. impose upon any corporation? will force us to honestly determine the In New York, New York has been I see over there on that side of the cost of mandates before we push them complaining for a long time about the aisle many who were supporters of the off onto local taxpayers. fact that they are affected by acid rain Clean Air Act in times past. They and sulfur emissions from States in the Also this bill is about accountability. would come to me and say ‘‘DINGEL, Midwest. What are we afraid of here? Are we why don’t you support a stronger piece Pennsylvania, from which enormous afraid to cost out what these new man- of legislation in the Committee on En- amounts of pollutants flow into the dates are going to cost our State and ergy and Commerce?’’ I said because I State of New Jersey, would be paid local governments? Are we afraid of want to be careful about how we pro- under this because of Federal require- being accountable for the costs that ments compelling it to clean up. ceed. I want to be sure as we go then go on in terms of local taxes, The amendment which we have here through this legislation, that we are raises in property taxes that we end up simply recognizes a number of impor- not going to impose excessive or un- mandating? This bill for the first time tant facts. The first is that the Gov- wise burdens that are going to impair is going to hold us accountable for the ernors of the several States over the the competitiveness or the well-being decisions we make, but we still have years have suggested and insisted to of this country or its industries. But to the flexibility, and I think we will ex- the Congress that this be the practice take the opposite step and say now we ercise it in many of the cases pro- under which we handled our environ- are going to compel the Federal Gov- scribed by the other side of the aisle in mental laws, that we set up Federal ernment to pay for this kind of irre- terms of these interstate problems that standards, and then allow and require sponsible conduct on cleanup, is un- are going to need some kind of Federal the States to apply those standards. wise, unnecessary, and establishes a direction, some kind of Federal man- Nothing is wrong with that. And indeed dangerous precedent. date, but at that point we will have the all we are compelling is the States and GOVERNOR TOMMY G. THOMPSON, costs in front of us. The individuals are the local units of government to do STATE OF WISCONSIN, going to be able to pay for this down- that which the ordinary duties of citi- December 15, 1989. stream, are going to be aware of this zenship require. Hon. JOHN DINGELL, and be part of the dialog. This is really We have prevented the bidding of one Chair, House Energy and Commerce Committee, Washington, DC. true federalism. State against another for industry and DEAR CONGRESSMAN DINGELL: I strongly Finally, this bill is about account- jobs and opportunity by cutting cor- support Congress’ efforts to pass Amend- ability and making Members of Con- ners on environment, by establishing ments to the Clean Air Act which will im- gress stand up and cast recorded votes Federal standards. prove air quality throughout the nation. on substantial mandates with the full This amendment says that you do However, I have some concerns about the im- mileage of their costs by requiring ex- not have to have the Federal Govern- pact of some of the proposed Clean Air Act tensive, extensive information on the ment pay a State for doing that which provisions currently before Congress on Wis- costs of these mandates. This legisla- it should. I have a letter which I will consin. Achieving equity and fair treatment for tion is going to make us accountable insert later into my remarks from the Wisconsin is my primary concern. This for what we are too often explained as Governor of Wisconsin pointing out underlies many of the concerns I have with unintended consequences downstream this same problem. I would remind my H.R. 3030. For example: of these actions. colleagues that the problem continues 1. Proposals regarding measures to attain Taxpayers in my jurisdiction are sick to exist today, that the western part of ambient air standards do not take into ac- and tired of routinely paying for unin- Michigan, a clean air area, is afflicted count ozone and volatile organic compound tended consequences that should easily by the pollution which is coming from transported into Wisconsin from out of state; be foreseeable by Federal lawmakers. Gary and Chicago and from Wisconsin, 2. Toxic substances provisions would, in ef- fect, ‘‘penalize’’ our state for moving ahead These will put this up front, and we from States just across the lake. with state-mandated control strategies; and will have the flexibility then to make This amendment says that the Fed- 3. Acid rain reduction proposals do not the right decisions in a more cost-ac- eral Government may protect the af- consider Wisconsin’s early, independent and countant manner. flicted, may address the problems of substantial acid rain controls. January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 439 In addition, I have enclosed a report pre- if cost-effective as compared to other reduc- the sense we are ignoring it is way off pared by the Wisconsin Inter-Agency Clean tion alternatives. base. What we are trying to do is in- Air Act Working Group which more fully de- If you have any questions or would like ad- crease the level of accountability. scribes my concerns, the potential impacts ditional information, please contact any of of these provisions on Wisconsin, and rec- the state agency personnel listed in the en- Ms. DELAURO. Mr. Chairman, I move ommendations for changes. They are as fol- closed report or fee free to contact Mary to strike the requisite number of lows: Sheehy in my Washington office at 202/624– words. I. ATTAINMENT OF AMBIENT AIR STANDARDS 5870. Mr. Chairman, I rise in strong sup- Thank you for your consideration of this 1. Congress should formally establish a port of the Towns amendment, which I matter. Lake Michigan Airshed Interstate Transport believe will preserve the proper Federal Sincerely, Commission and require EPA to abide by role in regulating actions by one State TOMMY G. THOMPSON, strategies unanimously agreed by Interstate Governor. that harm another State. Like so many Transport Commissions. of my colleagues, I strongly believe Mr. DREIER. Mr. Chairman, I rise to 2. Congress should make EPA promulga- that the Federal Government should tion of Federal Implementation Plans man- strike the requisite number of words. not impose unnecessary mandates or datory when a state fails in its state plan de- Mr. Chairman, I yield to the gen- burdens on State and local govern- velopment and delete the provisions from HR tleman from Ohio [Mr. CHABOT]. ments without clear benefits, but the 3030 which would render all previous Federal Mr. CHABOT. Mr. Chairman, I want- Implementation Plan agreements moot. ed to applaud the gentleman from Federal Government should set stand- 3. Congress should make allowances in ards in areas such as health and in Pennsylvania, Chairman CLINGER, and mandated ozone reduction requirements for safety and environmental protection downwind nonattainment areas, such as the members of the committee for the great work they have done in bringing that prevent one State from doing Southeastern Wisconsin, which are being im- harm to another State. Without some pacted by transport from more severe this important bill to the floor. And I upwind areas, such as Illinois. want to pay special tribute to a couple national standards we would be help- 4. Congress should adopt the Senate ver- of Ohioans who have played a critical less to prevent powerplants from sion of the volatile organic compound reduc- role in bringing the issue of unfunded dirtying the air of States downstream tion requirements through the year 2001. mandates to the attention of the Amer- or to prevent polluters in upstream Congress should also discontinue the annual ican people, our great Governor, States from contaminating down- percent reduction requirements after the stream waters. year 2001. Instead, based on specific area George Voinovich, and my colleague and very good friend, the gentleman I know the critical role that the Fed- needs, they should establish emission reduc- eral Government plays in meeting tion requirements through the state imple- from Cincinnati, Mr. PORTMAN. With mentation process. his usual skill, insight and diligence, interstate environmental challenges 5. Congress should adopt the Waxman/Din- ROB PORTMAN has made this crucial re- from my work to protect the Long Is- gell compromise language which sets up a form possible. land Sound. For years so many commu- two phase tailpipe standard and provides for As a former city councilman and nities along the sound could not afford a 2003 revision based on technical and eco- county commissioner, I can tell you the modern sewage treatment plants nomic reasonableness. Congress should also that they needed to stop polluting the adopt provisions for full useful-life emissions that for far too long the Federal Gov- ernment has imposed its regulatory sound. With the Clean Water Act, and control equipment warranties and strength- especially the National Estuaries Pro- ened new vehicle certification test proce- whims on the State and local govern- dures for evaporative emissions. ments. Like it or not, fiscally battered gram, the Federal Government shared II. TOXICS PROVISIONS or not, our State and local govern- the cost for cleanup efforts with local communities, and we began to get the 1. HR 3030 should be amended to expand the ments have been forced to comply. access to alternate emission limits to Let us be frank: Federal politicians job done. That is a partnership, that is sources previously required to reduce hazard- have loved unfunded mandates because not a mandate. ous emissions under state or local mandate they are a way of putting huge new But under this bill there is no room as well as those who voluntarily reduce regulatory programs in place while se- for partnership. Either the Federal emissions. cretly passing the tab along to the Government picks up the whole tab, or 2. HR 3030 should be consistent with the States and local governments. They the Federal Government stays out and Council of Great Lakes governors Substances have been taxing and spending while lets local communities fend for them- Control Agreement. In particular, the listing selves, even if it means that they keep criteria should be expanded to include the keeping the taxing part hidden. impacts of pollutants on plant and animal Local officials know the story all too polluting the air and water, they can- life, in addition to human health impacts. well. Too often they find that they not afford to clean up alone. III. ACID RAIN PROVISIONS must reprioritize local spending needs b 1410 1. Congress should not adopt provisions because Washington has given them which would require cost-sharing or emission another mandate that they just cannot Under this bill, the communities taxes by all states to finance clean up in afford. along the Long Island Sound would some states. Mr. Chairman, with H.R. 5, the party still be waiting to build the sewer 2. HR 3030 needs to recognize and make al- is over. Congress finally takes a giant plants that they needed. We ought to lowances for those utilities which had re- step in the right direction. Congress fi- be expanding opportunities for partner- duced SO2 emissions far below 1.2 pounds SO2 per MMBTU (British Thermal Unit) by 1985. nally takes responsibility for its ac- ship, as the gentlewoman from New The White House has indicated they are con- tions and begins to treat State and York [Mrs. LOWEY] and I have tried to sidering changes to address this issue, while local governments like partners, not do with our wastewater protection pro- maintaining a permanent emissions cap. like subordinates. gram. As we learned, these partner- 3. Provisions on repowering should be If we are going to impose new costs, ships do much more than help to pro- broadened to include non-pulverized coal we ought to at least be honest about it, tect our environment and our quality boilers (e.g., cyclone boilers). The White and we ought to be on the record, and of life. It is not only the environment. House has indicated they will seek to correct usually we ought not to do it at all. They also help communities to expand this error before enactment. 4. Language should be added to HR 3030 to I urge adoption of the legislation. local economies, to create jobs. That is provide incentives, including emission allow- Mr. DREIER. Mr. Chairman, I would an investment and not a mandate. ances, or use of alternate fuels (such as like to congratulate my friend from Yes, we need to reduce unnecessary wood), energy conservation, and renewable Cincinnati for his excellent remarks Federal burdens, but we also need to energy sources as methods to reduce sulfur and to say as we listen to a number of expand the opportunities for Federal, dioxide and other air emissions, as long as people talk about the Clean Air Act, State, and local partnerships and in- they do not result in a permanent increase in there is a sense that we are going to be vestment. allowable emissions. doing absolutely nothing here. That is The Towns amendment will do just 5. HR 3030 should clearly delineate the ex- tent to which industrial sources, independ- baloney. Between now and 1988 we are that. I urge a ‘‘yes’’ vote. ent power producers and co-generators are going to be spending $3.6 billion dealing Mr. BILBRAY. Mr. Chairman, I move included. Emission restrictions for non-util- with this, and this level of spending is to strike the requisite number of ity sources (if any) should only be considered obviously going to be proceeding. So words. H 440 CONGRESSIONAL RECORD — HOUSE January 20, 1995 Mr. Chairman, I happen to represent There are numerous and repeated ex- are not going to give excuses to States an area of the world that has been im- amples of disputes between States and localities to pollute. pacted by pollution for over 14 years. about the discharge of pollutants into And then what happens is, someone My constituents have lived with the the water and into the air. says, well it just costs too much to impact of pollution from foreign coun- If the Federal Government is stripped clean it all up. You throw up your tries. I do have a problem with the po- of the ability to step into the fray, the hands. It would be like child support sition that somehow the Federal Gov- result will be total chaos. enforcement. We tell people they ought ernment has protected the citizens of Without adoption of the Towns to pay their child support, but if they this country from pollution. It exists amendment, there will be a strong in- do not, we will pay it, the Federal Gov- today and continues to exist with the centive for upstream States to take ernment will pay it, because we would oversight of the Federal Government. every action they can to avoid reduc- not want to have an unfunded mandate I oppose the amendment and support ing pollution. on a runaway. Oh, no. Why? What do the chairman’s position for a lot of rea- They can save their money on pollu- you mean? This is their responsibility. sons. One reason, Mr. Chairman, is be- tion control that does not affect their The responsibility of the States and cause I have served as a member of the own residents but hits directly at the local governments represented by the State Air Resources Board for the residents of downstream States. stars on that flag are that they be good State of California, a small intimate My own State of Pennsylvania has citizens. That is what this whole repub- group of 32 million people, and have been a leader in reducing the nonpoint lic is built on. also served as a member supervising run-off that has degraded the Chesa- I think we all have horror story after the environmental laws pertaining to peake Bay. horror story. The only Members I can hazardous waste for 2.5 million people. Without passage of the Towns see that vote against this amendment Let me tell you, the biggest problem amendment, there is absolutely no in- are Members who are at headwaters so in protecting the public’s health out in centive for the other bordering States they can pollute everybody else and the real world, out there in America, is to join us in this effort. then just say, hey, this is great, have a not the fact that we do not have In another well-known case, it was nice day. Or Members whose wind, they enough Federal mandates but the man- only through the continued enforce- dates that are placed down are not ment of Federal environmental laws are at the top. They never are down- based on protecting the public health. that the beaches of New Jersey were wind. Anybody who is ever downwind of Many times the mandates care more protected from sewage discharged in anyone else or downstream of anyone about the procedure than the protec- New York. else is crazy not to insist that all of tion. These are well-known examples but the States sharing either the air or the If my colleagues who have raised this these problems exist throughout the water behave themselves. issue that the Clean Water Act has country—in the Mississippi Valley, in Mr. Chairman, I yield to the gen- done such great things, frankly, if they the South, in the West. tleman from California [Mr. MILLER]. think the Clean Water Act is a perfect If we fail to adopt the Towns amend- Mr. MILLER of California. Mr. Chair- document, I would debate that to the ment, we will be setting State against man, the gentlewoman makes a very end. We today have pollution that is State. We will be inviting chaos and important point. We are now the re- flowing, that is federally allowed. I conflict. cipients of a vast amount of knowledge think that one of the things I would Worst of all, we will be sacrificing that is imparted to use because of the ask you to look at is that all we are the need to protect our environment advances in photography and in the asking for is we look at the cost-effec- and all of our citizens from the ravages satellite monitoring. And obviously tiveness, we look at the benefits the of pollution. what we see and what we show our public is either getting or not getting Mr. Chairman. I urge a ‘‘yes’’ vote on schoolchildren and our families and and that the well-intentioned and mis- the Towns amendment. others and the citizens of this country guided strategies of the past need to be Mrs. SCHROEDER. Mr. Chairman, I is the ramifications of local actions put under the light, the light of reason, move to strike the requisite number of that spread far beyond the borders. The to be able to see if they really did do words. areas of Arizona and Colorado and New what you mean them to do. Did they Mr. Chairman, I rise in passionate Mexico receive most of their pollution accomplish the protection and would support of the Towns amendment. I out of the southern California air the dollars being spent on these pro- think everybody ought to be for this basin. The people who travel and spend grams be better spent on programs amendment, if they believe that water their hard-earned money to go visit the that could truly help the public and flows and wind blows. Grand Canyon cannot see across the protect the public health? Now, no one has proved to me that rim not because of what happened in Mr. BORSKI. Mr. Chairman, I move water does not flow and wind does not Arizona or in the Grand Canyon but to strike the requisite number of blow. And I do not know anywhere what happened hundreds of miles away words. where it honors State boundaries. And in southern California. (Mr. BORSKI asked and was given I must say, for Members saying, oh, If you look at the satellite photos permission to revise and extend his re- wow, but we would not want the big and you see the pollution that comes marks.) heavy Federal Government to come in out of Alabama, out of Georgia, moves Mr. BORSKI. Mr. Chairman, I wish to and tell States and localities what to down to the Florida Bay, moves around express my strong support for the im- do, let us just think about that in an- into the Florida Keys, and up the other portant amendment offered by the gen- other context. side of Florida, and if it is not treated. tleman from New York. States and localities are all citizens And what this legislation says, if those I compliment the gentleman from together under this great republic. same mayors and those same Gov- New York for recognizing the serious That flag behind me has a star for each ernors that do not like unfunded man- problems that could result if we re- of those States. And I hope that star dates, do not like the cost, do not like strict the Federal Government’s ability means each State is trying to be a good timetables and do not like standards to take action on pollution that citizen. prevail, then everybody goes their own crosses interstate lines. Now, if we turned it and put it into a way. You put in the pollution at the This issue goes to the very heart of family context and we said, this coun- top of the Ohio River or you put it in what a national government should try is also made up of many families in the Mississippi River and then other stand for. and some families do not want to take people who want to try to clean up The Federal Government must have care of their families, we would not their water, either because they want the ability to take positive action to want to have a Federal mandate to do to use it or they are responsible in put- prevent the residents of one State from that. What are we talking about? Ev- ting it back into the river, find that it being devastated by the pollution from erybody is supposed to be a good citi- is far more expensive for them to do another State. zen. And this bill is saying, look, we that. January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 441 That simply is unacceptable. That is know environmentally how inter- the merits of individual mandates. This not a nation. That is not a united na- connected we are, we all must work to- is a debate about whether we have the tion. That is not about citizenship. gether through our local governments cost information that we do not cur- That is about making individual, little and through the Federal Government rently have. decisions about how you can push it off to figure out how to do it. No one can I would disagree with my colleague onto somebody else. Because as we ad- pay for all of it. from California as to the costs of legis- vance, as we find out more about air We all have to do our fair part. There lation. This forces CBO, the Congres- pollution and water pollution, then if is blame that goes everywhere for hav- sional Budget Office, to do a detailed we do not, as a Federal Government, ing gotten where we are, but there is accounting of what the costs are. agree to pay that and they can prevail also some blame-sharing and some pay- The committees, incidentally, also on the point of order, and we do not ment-sharing we are going to have to have to do a detailed analysis of costs waive that, I understand the mecha- do, because we just do not have the and benefits of the legislation. That nism here. money to clean it up. legislation then comes to the floor. I also understand this is a democ- Just to say to the American public We have something in this legislation racy. If they prevail on the point of ‘‘So go buy bottled water, so go get an that is not currently guaranteed, order, then we simply lose the ability air mask,’’ that is not a good excuse. which is a debate, an informed debate to put that technology out there for Mr. PORTMAN. Mr. Chairman, will on the issue. Can the Members imagine the benefit. the gentlewoman yield? that, in the U.S. Congress actually de- Mrs. SCHROEDER. I am happy to b 1420 bating the unfunded mandate issue, yield to the gentleman from Ohio. and then someone can raise a point of Let us look at what we have achieved Mr. PORTMAN. Mr. Chairman, I order and that point of order can be in this country. Under this great bur- thank the gentlewoman for yielding to waived by a majority vote. den we have achieved the highest me. The gentlewomen from Colorado standard of living in the world. We Mr. Chairman, I appreciate the gen- [Mrs. SCHROEDER] may some day be in have achieved the cleanest air and the tleman from California [Mr. MILLER] the other body, and in that case the cleanest water in the world. altering his statement regarding the The point is that those are the rami- point of order. smaller State would be more rep- fications of when 220 million people try I think the point needs to be made, resented, but in our current situation, to live together. We can look every- because there were some misleading of course, we each represent the same where else in the world and see the statements earlier, both by the gen- number of constituents, and by major- ramifications. tleman from Michigan [Mr. DINGELL], ity we constantly enact legislation. The CHAIRMAN. The time of the the former chairman of the Committee We enacted the Clean Air Act. The gentlewoman from Colorado [Mrs. on Energy and Commerce, the gentle- Clean Air Act could be enacted again, SCHROEDER] has expired. woman from Colorado [Mrs. SCHROE- or similar legislation. All we are ask- (By unanimous consent, Mrs. DER], and the gentleman from Califor- ing is that that be an informed deci- SCHROEDER was allowed to proceed for 3 nia [Mr. MILLER] that somehow we sion. That information is not currently additional minutes.) could never have national standards available. Mr. MILLER of California. Mr. Chair- again after this bill was passed. Mr. DREIER. Mr. Chairman, will the man, will the gentlewoman yield? As we know, it does not apply retro- gentleman yield? Mrs. SCHROEDER. I yield to the gen- actively, only prospectively. Then it Mr. PORTMAN. I yield to the gen- tleman from California. simply requires that Congress, through tleman from California. Mr. MILLER of California. Mr. Chair- a considered judgment, with informa- Mr. DREIER. Mr. Chairman, I thank man, just as we do not allow families tion we do not currently have, make a my friend for yielding. or members of families to be dysfunc- judgment with a 51 percent vote, a con- Mr. Chairman, I would like to com- tional, we cannot allow cities, States stitutional majority. The gentleman pliment the gentleman on his state- and counties to choose not to do what talked about—— ment, and then just underscore, my is socially responsible for the good of Mr. Miller of California. That is the friend, the gentleman from Martinez, the people of this Nation. We have had current law. CA [Mr. MILLER], talked about the these basic fights. Mrs. SCHROEDER. That is the cur- great advances that we have been We have had the people of New Eng- rent law. through environmental legislation land fight against the people in the Mr. PORTMAN. That is not the cur- which has emanated from this institu- Ohio Valley about scrubbers on coal rent law. tion. plants and obligations and fuels to be Mrs. SCHROEDER. Reclaiming my However, what we are saying is, burned. We have had the struggles be- time, Mr. Chairman, coming from a ‘‘Hey, he may be right in some areas, tween the automobile companies and small State, we know how rapidly one but let us be accountable, and let us the manufacturers of gasoline in cities, could get rolled in this body. If the make sure that we know exactly what and in the city of Denver the gentle- Members remember, we assign each the cost will be to those items as we woman has been through this. State the number of Representatives look toward improving environmental Why do we do this? Because it is our by their population. When we get dirty standards and a wide range of other social responsibility. I thank the gen- water from larger States or when we areas,’’ rather than having these things tlewoman for raising this point. have people taking stuff away from us, surreptitiously stuck into legislation Mrs. SCHROEDER. I thank the gen- or they are blowing air in on us, they and then as amazing cost burden tleman from California for pointing could have many more numbers and passed on to State and local govern- this out, because this amendment is say ‘‘We do not want to spend the ments. about good citizenship. I think what we money to clean it up, thank you very Mrs. SCHROEDER. Mr. Chairman, should be doing here is encouraging much.’’ will the gentleman yield? good citizenship in this Republic. This What I am saying, Mr. Chairman, is Mr. PORTMAN. I am happy to yield goes right to the core of this; not ‘‘Ha, the gentleman is putting another bar- to the gentlewoman from Colorado. ha, we are upwind, we can do this to rier in and really not encouraging good Mrs. SCHROEDER. Mr. Chairman, you,’’ or ‘‘We are upstream, we can do citizenship. one of the problems, again, coming this to you.’’ Mr. PORTMAN. Mr. Chairman, I from a smaller State where we have There is nothing that makes us move to strike the requisite number of often received the dregs of what other angrier in my State of Colorado, where words. States did not want, one of the groups we think we are the lungs of the Na- Mr. Chairman, I would just say that I can think of that would be tion, to get off the plane and be again, to reiterate the point that has against this amendment would be a coughing frantically because stuff is been made several times in these de- group like Mutants for Radioactive blown in from another State that we bates over potential exemptions to this Waste, because if you look at Nevada cannot do anything about. Now that we legislation, this is not a debate about and Colorado and New Mexico, that is H 442 CONGRESSIONAL RECORD — HOUSE January 20, 1995 where everybody wants to dump radio- they are paying far more than their than their leadership concerns in the active waste. That is where everybody share. vote when it comes up this afternoon. is perfectly willing to dump dirty I would say that the citizens of the Mr. ALLARD. Mr. Chairman, I move water or salt water. We have trouble United States who are paying hidden to strike the requisite number of with salinization of water. taxes, where we take the credit for im- words. Mr. Chairman, let me say that if we posing mandates on State and local Mr. Chairman, I know that our de- take the State of California and the government, they pay the taxes, bate has been moving along and we are State of Nevada, how much money do whether it is property taxes at the trying to get to a vote before our time Members think the State of California local level, State income taxes, or runs out, but I want to make a point. is going to be willing to spend to clean State sales taxes, that is not a fair sys- In listening to the debate from those up air for the State of Nevada. tem. That is the current system. I who are opposing this piece of legisla- Mr. PORTMAN. Reclaiming my time, think more than their fair share is tion, I do not believe that disclosure is Mr. Chairman, I would just say to the being paid at that level. against the public interest. That is gentlewoman that the situation has We need to have an informed debate what this bill is all about. It is about not changed from the current situa- on the issue. That is all this legislation disclosure. When we bring this infor- tion. We passed a Clean Air Act. It af- does. Whether it is health and safety, mation forward so Members understand fected some States more than others. whether it is environmental issues, we what they are voting for, the cost, how We did it by constitutional majority. are just asking for the information and much it is going to cost and how that We could do the same thing with re- a debate on the issue. is going to be allocated among the gard to the unfunded mandate legisla- Mr. DEUTSCH. Mr. Chairman, I move States, I do not think it is bad. In fact, tion. to strike the requisite number of I think it benefits the public interest. Mr. Chairman, this legislation does words. I come from a State legislature not change that. That is a reality in Mr. Chairman, I have been supportive where, when legislation came before us, this body, and should be a reality in of this type of legislation. I have voted we understood what that piece of legis- this body. I would say also that it was for it when I was in the State legisla- lation was going to cost because we interesting listening to the analogies ture. I have been supportive since I had some estimates before us. We not made earlier. Our State and local gov- have been in Congress. only understood how it was going to af- ernment partners were being termed to What is in front of us right now, fect our State general fund, but we un- be part of our family, but they were though, is specifically the Towns derstood how it was going to impact the children. And somehow we had to amendment, and what it deals with in potentially the special districts that tell our children what to do and what terms of interstate pollution. were within the State, to understand not to do. what it was going to cost the cities and I think we should view them as our Mr. Chairman, as has been pointed out previously, for Members here who the school districts. When we became true partners. That is the whole idea of better informed, we began to under- this. Let us give them the benefit of are from upwind States or upriver States, it is not quite the same type of stand how best to apply the piece of having an informed debate on the costs legislation. and the benefits of legislation, and the intensity that it has in States like Florida. Florida in many ways is the In some instances where it may have costs and benefits of whether a man- become too expensive for small com- date makes sense. That is all this legis- ultimate downriver state. As far as I am aware, we have no rivers that flow munities, then we would provide an ex- lation asks for. It is a very reasonable, emption. When we looked at what the balanced approach. into other States. We are the reposi- benefits were to be accrued and what it Many people had talked last year and tory of downstream pollution from was going to cost a small community, many people had cosponsored legisla- other States, whether it be Georgia or then we could begin to apply the tion that would have banned all un- Alabama or Mississippi. knowledge to come up with a better funded mandates. That is not what this In a State like Florida, and in a dis- piece of legislation. legislation is about. That point has trict like my own, which is the down- I am standing here today to support been made several times during the de- stream end of the downstream State this piece of legislation because I hap- bate over the last 3 or 4 hours. Basi- representing the south end, the tip of pen to believe that disclosure benefits cally, we have had the same debate. the State, Florida Bay and the Ever- the public interest. That is what this It needs to be made clear to the peo- glades area, where it is the downstream ple who are watching and other Mem- end of the downstream State, we have bill is all about. bers of this body, this is about provid- very little control over what occurs up- Mrs. LOWEY. Mr. Chairman, I move ing cost information. It is about having stream. to strike the requisite number of a debate on the issue and then, yes, ac- Specifically, again, Mr. Chairman, if words. countability, having a vote up-or-down we focus on what this amendment is Mr. Chairman, I rise in strong sup- on the issue of the unfunded Federal about, in parts of this country like port of the Towns amendment. The mandate. Florida, without this amendment pass- flaw in this legislation which he is at- Mrs. SCHROEDER. Will the gen- ing a very well-intentioned bill and a tempting to correct is at the heart of tleman continue to yield? very good bill will have some excep- our Federal system of government. Mr. PORTMAN. Mr. Chairman, I do tionally bad results. There are responsibilities that clearly not have much time, but I yield to the Just as we see progress being made, must be directed by the Federal Gov- gentlewoman from Colorado. particularly again, in my State, in my ernment and which, to be effective, Mrs. SCHROEDER. Mr. Chairman, I district in Florida Bay, some of that must be complied with by State and thank the gentleman for yielding. progress, and the law is changing on it, local governments as well as the pri- Mr. Chairman, in my part of the and the regulations are changing on a vate sector. country, partners pay their fair share. yearly basis, some of that progress will We should not forget that our Con- They cannot say, ‘‘Let us be partners, clearly be a detriment. stitution, including the interstate com- and then you pay.’’ That is not a part- There are other areas in the country merce clause, was written in the con- nership. Actually what we are talking that have similar concerns. text of the shortcomings of the Arti- about, if we do not pass this amend- cles of Confederation. Turning to the b ment, is denying that equal partner- 1430 words of Alexander Hamilton in the ship where we all sit down and all have There are other areas in the country Federalist Papers: the same star in the flag, carrying our that have similar concerns, and what I Not to confer in each case a degree of same load. would hope is that Members on the power, commensurate to the end, would be to violate the most obvious rules of prudence Mr. PORTMAN. Reclaiming my time, other side of the aisle who are in com- and propriety, an improvidently to trust the Mr. Chairman, I would say that is a de- munities and in districts and in States great interests of the Nation to hands, which batable point. I would say our partners that have these unique type problems are disabled from managing them with vigor in local and State government feel focus on their district concerns more and success. January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 443 We should not create today, more State from harm caused by unwise all over my district. I can give case than 200 years later, the same disabil- policies in another State. after case after case where there is a ity to effectively address compelling As the Articles of Confederation growing rebellion in regard to the part- interstate problems that the framers of prove, these interstate issues can only nership effort that should be estab- the Constitution intentionally worked be sensible, effectively and fairly re- lished with all of the alphabet soup to avoid. solved at the Federal level. agencies that come down with these In discussing this point, Madison re- I urge my colleagues to support the mandates. In Kansas today in 105 coun- ferred to the case of one State disrupt- Towns amendment. ties, all of the county commissioners ing the shipment of goods destined for Mr. ROBERTS. Mr. Chairman, I move have to spend at least half of the budg- another State and rightly pointed to to strike the requisite number of et on these mandates, and in many the need for the Federal Government words. cases they are counterproductive, they to have authority over such matters. Mr. Chairman, this is one of those ‘‘I do not apply and they are just down- Today, the same need exists in many had not intended on making a speech’’ right silly. instances where the actions of one speech. But it seems to me as I listened Let me give one other example I am State or locality impact on residents of to the debate between the gentleman worried about in regard to the Towns from Ohio [Mr. PORTMAN], the gentle- another State. We can all think of in- amendment. I have great admiration of woman from Colorado, and the gen- stances in our own communities where the gentleman. But in St. Francis, KS tleman from California in regard to it only makes sense that Federal policy many senior citizens came to me and this partnership effort that we have in must be implemented to protect the signed a petition and said why are you trying to establish safeguards for clean citizens of our own State against the increasing our trash fee three or four harmful acts outside our own State’s water and clean air and all of the things that we must do to ensure our times as much as the current fee. borders. These are senior citizens who are now I have talked before during this de- country have the cleanup and the safe- ty of every consumer and every citizen. living on fixed income. And the EPA bate about the problems confronting there, through the landfill regulations the Long Island Sound. The deteriora- I think the remark was made about a partnership effort in children as being and through the State agency, said tion of that body of water has had a from date certain last October you are clear harmful effect on the people of part of the family. The gentleman from going to have to have all of your trash New York. The degradation has hurt Ohio [Mr. PORTMAN] touched on this hauled to a regional landfill. There are our economy, costing jobs. It has de- just for a moment, but I think it bears two problems. One, there was no re- stroyed a valuable recreational re- some amplification, more especially as gional landfill, and there were not any source. It has undermined property val- it applies to this amendment. trucks to haul the trash. ues. And that deterioration has been An example I would like to bring is There was a suggestion made that we caused not only by New York, but by that of a small community in Kansas would go to Denver, but Denver did not activities in Connecticut, Massachu- in my district by the name of Pretty want it. That would simply go across setts and beyond. Prairie. Now, Pretty Prairie has under the State line. The Towns amendment If this Congress does not have the au- 1,000 people. It has been in a growing obviously would simply prevent us thority to require State and local gov- dispute with the EPA for the last 4 or ernments in all of those States to bear 5 years. from really trying to focus on that shared responsibility to address this The EPA in their infinite wisdom has kind of a mandate. problem, we will have no choice but to reduced the level of nitrates in regard So here are the senior citizens on abdicate our constitutional respon- to what is safe and not safe from 20 fixed income in St. Francis, KS saying sibility to achieve a remedy. This is parts per million to 10. And all of a to the gentleman from New York [Mr. certainly not the answer those I rep- sudden the EPA through the State TOWNS], the gentlewoman from Colo- resent would want. agency informed this small community rado [Mrs. SCHROEDER], and the gen- that they were out of compliance. Some of my colleagues might say tleman from California [Mr. MILLER], Some 600 to 800 people were forced to that this legislation will not stop us why are we paying for this mandate. I try to come up with some kind of a from addressing such problems, but will tell my colleagues what will hap- plan to address the EPA dictate, or the will simply require the Federal Gov- pen. Every senior citizen there will get mandate. We are talking nearly a mil- ernment to cover the costs of our man- the neighbor boy to come and take the lion bucks. A million bucks to develop dated policies. But I ask my colleagues, trash and put it in a pickup truck and a new waterworks or face all sorts of does that indeed make sense? A sim- they will dump it in a ditch, and we fines and problems. plistic answer might be yes, but on re- will have trash blowing all over the This community asked the EPA flection we can all see that clean water Great Plains as a result of this damn whether or not bottled water would requirements not only have interstate fool mandate, and it is interstate. substitute. Now, why do we have a Let me give one other example if I benefits but also have important and change in the nitrate level moving valuable local benefits. In light of that, might. Some time ago the EPA pro- from 20 parts per million to 10? That is posed 65 mandates to help clean up all while Federal help is totally appro- to prevent the blue baby syndrome. Ex- priate, a local contribution is justified of rural and small-town America. cept there is one problem here that no- The CHAIRMAN. The time of the as well. body seems to understand from the As this amendment is considered, I gentleman from Kansas [Mr. ROBERTS] EPA. Nobody was sick. No child was has expired. urge my colleagues to reflect on the sick. There has never been a case in (Mr. ROBERTS asked and was given words of our Founding Fathers about Kansas in regard to the blue baby syn- permission to proceed for 2 additional the shortcomings of the Articles of drome. minutes.) Confederation and to think about prob- But all of a sudden here is Pretty Mr. ROBERTS. Mr. Chairman, I was lems facing their own constituents. As Prairie having to come up with a mil- very interested in number 16 or 17 in we work to address legitimate concerns lion bucks to change their entire wa- about intergovernmental relationships, terworks. that list. It was an effort by the EPA the experiences of our Nation’s early to control something called rural fugi- experience with the Articles of Confed- b 1440 tive dust, rural fugitive dust. So we eration should not be ignored. So the community said, fine, we will called down to the EPA and said what As I have said before, Mr. Chairman, use bottled water, but that does not on Earth are we talking about and we reforms are needed to bring about an suit the EPA. We are still in discussion could not get an answer. It was one of end to the senseless unfunded man- after 4 or 5 years with this mandate those things where you call one person dates which we all know exist and that is about to put this town out of after another person after another per- which can be cleared away. But we business. son. Obviously, with the interstate should not destroy our Government’s That is the kind of parent-child rela- amendment that the gentleman has ability to effectively fulfill its respon- tionship it seems to me is what is proposed, rural fugitive dust would go sibilities to protect the citizens of one wrong about this. This has happened from one State to another. H 444 CONGRESSIONAL RECORD — HOUSE January 20, 1995 We finally reached somebody who stream States from serious health im- and a good purpose, still has, like the was able to explain it to me, and I said pacts caused by pollution from up- gentleman says, unintended con- what is the problem. She indicated to stream States and localities. sequences potentially within it. That me, ‘‘Well, Congressman, you’ve got a Water pollution knows no political concerns me, that there has not been lot of rural dust out there and it is dan- boundaries. really sufficient development in this gerous to your health.’’ I said, ‘‘You’re Without the provisions of the Clean legislation. telling me that and I am from western Water Act that place obligations on What I mean by development is I Kansas.’’ She said, ‘‘Yes, sir.’’ I said, States and local governments, many would like to ask the gentleman what ‘‘Well, what do you plan on doing about downstream States would never have various agencies of the Federal Govern- it?’’ ‘‘Well, we can simply mandate the possibility of clean water. ment or of any State government came that water trucks go out in the morn- We have all heard of situations where and testified on this legislation. ing and afternoon and spray the coun- pollution from one State or locality b try roads, and then you won’t have the adversely impacts citizens in down- 1450 rural fugitive dust.’’ stream or adjacent States. Mr. MINETA. On this legislation spe- This person was serious. If Members Many of these examples involve dis- cifically, as a member of the Commit- do not think that that mandate was a charges of sewage by municipal govern- tee on Public Works and Transpor- little specious or a little silly, we have ments. For example: tation, and now the Committee on mandates like that. What on Earth Residents of New York and Connecti- Transportation and Infrastructure, we would the Towns amendment do in re- cut are familiar with interstate pollu- have held no hearings on this issue. gards to preventing us from exposing tion of the Long Island Sound caused Mr. VOLKMER. There have been this kind of ridiculous mandate to by discharges of sewage. none whatsoever. And, therefore, we do force many of our communities to get Residents of Mississippi and Louisi- not have any idea of the possible im- in water trucks and spray every rural ana have seen the effects of being pact except for those who are pro- road in Kansas? That is ridiculous. downstream from dischargers of inad- ponents of the legislation, what it may If in fact this whole entire effort is equately treated sewage. actually do. vague according to the other side who The conditions that gave rise to the Mr. MINETA. My good friend from is opposed to this, my word, the gentle- boil water advisory in the District of Missouri is correct. man’s amendment is as vague and as Columbia a little over a year ago were Mr. VOLKMER. But as far as those wide as a barn door. in part the result of conditions in up- people who are working with it day in I urge the defeat of the gentleman’s stream States. and day out and have done so for years, amendment. We should proceed. We Lakes in upstate New York such as there has been no input whatsoever? should not pass this exemption. This is Lake Champlain are being impacted by Mr. MINETA. My good friend from a killer amendment, and in case if in pollution from Vermont as well as New Missouri is correct. fact there is any State that is worried York. Mr. VOLKMER. I have one other about a very pristine and marvelous Even though H.R. 5 is not intended to question I would like to ask to me that lake or area or whatever we are trying apply to current laws, it still would is something I have thought about ever to protect, all we have to do is come to make it more difficult and more cum- since this legislation. I am one of those the floor like we are doing today, de- bersome for the Federal Government to again who believes in States’ rights. I bate the issue, waive the point of order, fulfill its duty to protect the citizenry do not believe in unfunded mandates and protect it. All we are asking for is from significant health and safety con- necessarily. a debate. sequences of transborder pollution. But I see consequences of what this So, in that regard I respect the gen- It could do so by limiting the Gov- legislation may do. tleman. I think his amendment should ernment’s ability to add new require- Let us assume that instead of this be defeated, and I think we should pro- ments where necessary to protect Congress having this legislation, that ceed, especially at this late hour. human health, and reducing or excus- 30 years ago another Congress had Mr. MINETA. Mr. Chairman, I move ing those requirements where Federal passed this legislation, what would we to strike the requisite number of funding is reduced. have today with our streams and our words. I noted earlier that we should call cities as far as pollution and water and (Mr. MINETA asked and was given H.R. 5 The Law of Unintended Con- all of these other type of things? permission to revise and extend his re- sequences. The Towns amendment pro- I can remember back when, and I am marks.) vides a perfect example of what I can sure there are other Members in this Mr. MINETA. Mr. Chairman, I rise in only assume was an unintended con- body who can remember back before we strong support of Mr. TOWNS’ amend- sequence of H.R. 5—that the bill re- had wastewater treatment facilities ment. stricts the Federal Government’s abil- and a lot of raw sewage was going right I believe that this amendment ad- ity to protect downstream citizens into the streams. Now, if the Federal dresses a glaring flaw in H.R. 5 as it is from significant health and safety im- Government had been required to go now written. The flaw is that the bill, pacts that their State and local gov- out and pay the total amount for all of without the Towns amendment, could ernments may be powerless to prevent. those and not have the present law, but deprive our constituents of the protec- A vote against the Towns amend- we had to pay for the total amount of tion they may need against significant ment is a vote to make it harder to all of those, I question whether that impacts on their health and safety protect the citizens of your State would have been done. The same thing which emanates beyond their borders, against significant health and safety with all of the antipollution that went and therefore is beyond the control of impacts from upstream State and mu- on. their State and local governments. nicipal sources. But was it the Federal Government H.R. 5 could strip from our constitu- I urge my colleagues to support the that caused the pollution? Was it the ents these basic protections, by mak- Towns amendment. Federal Government that was causing ing it more difficult for the Federal Mr. VOLKMER. Mr. Chairman, will all of the raw sewage to go into the Government to perform its fundamen- the gentleman yield? streams, was causing the chemicals to tal function of protecting the health Mr. MINETA. I am pleased to yield to go into the streams, was it the Federal and safety of our citizens. my colleague, the gentleman from Mis- Government that was causing all of the While there is room for legitimate souri. pollution to go into the air? I do not difference of opinion as to the appro- Mr. VOLKMER. Mr. Chairman, what believe so. I do not believe so, that the priate functions of the Federal, State, I understand from all this debate and Federal Government—— and local governments in many arenas, the Towns amendment and also the one The CHAIRMAN. The time of the I believe that with respect to at least that preceded it by the gentleman from gentleman from California [Mr. MI- one matter this issue is well settled: Mississippi especially is that it appears NETA] has expired. That the Federal Government does to me that this legislation, although (At the request of Mr. VOLKMER and have a role in protecting citizens down- well-intended, and having a good goal by unanimous consent, Mr. MINETA was January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 445 allowed to proceed for 3 additional The CHAIRMAN. The time of the Lantos Obey Skaggs Levin Olver Slaughter minutes.) gentleman from California [Mr. MI- Lewis (GA) Orton Spratt Mr. VOLKMER. So what we are say- NETA] has again expired. Lofgren Owens Stark ing is that the Federal Government (At the request of Ms. NORTON and by Lowey Pallone Stokes should pay for what other people, unanimous consent, Mr. MINETA was Luther Pastor Studds Maloney Payne (NJ) Stupak whether it is private industry, whether allowed to proceed for 2 additional Manton Payne (VA) Taylor (MS) it is communities, should pay to do minutes.) Markey Pelosi Tejeda what they should have done anyway, Ms. NORTON. Because you know that Martinez Peterson (FL) Thompson Mascara Pickett Thurman what they should have done on their that is the most difficult vote; having Matsui Pomeroy Torres own without the Federal Government been forced now to vote, you want to McCarthy Rahall Torricelli telling them what to do, unless pro- have an isolated cost vote, a vote that McDermott Rangel Towns will force debate on cost alone when we McHale Reed Tucker ponents of this bill really believe that McKinney Richardson Vento we should not do anything on safety, could have had the kind of debate we Meehan Rivers Volkmer health, as far as pollution itself, and had here anyway highlighting cost and Meek Rose Ward that we should just let the local com- getting the same result, if that is all Mfume Roybal-Allard Waters Miller (CA) Rush Watt (NC) munities do what they want to do, and you want. Mineta Sabo Waxman if they or the industries, they want to Moreover, the fact is that you are Mink Sanders Williams pollute, they can go ahead and pollute, forcing a vote on full funding. You Moakley Sawyer Wilson have got a full funding standard in this Mollohan Schroeder Wise and it is only when the Federal Gov- Moran Schumer Woolsey ernment says, ‘‘We will pay for what bill. The fact is that in the federalist Nadler Scott Wyden you should not do anyway,’’ that it is system, we have always been about Oberstar Serrano Wynn going to be cleaned up. shared funding. We always think that NOES—252 So I think this legislation needs a if there is dirty water or dirty air that the State or the city ought to take Ackerman Emerson LaTourette heck of a lot more time than it is get- Allard English Laughlin ting. some part of that cost. Andrews Ensign Lazio Ms. NORTON. Mr. Chairman, will the Why have you not put a provision for Armey Everett Leach gentleman yield? shared funding in the bill, if that is, in Bachus Ewing Lewis (CA) fact, what you mean? You put full Baesler Fawell Lewis (KY) Mr. MINETA. I yield to the gentle- Baker (CA) Fields (TX) Lightfoot woman from the District of Columbia. funding in the bill, because, again, you Baker (LA) Flanagan Linder Ms. NORTON. I thank the gentleman want to make it almost impossible to Ballenger Foley Lipinski support new bills, and some of you Barr Forbes Livingston for yielding. Barrett (NE) Fox LoBiondo I appreciate that you raised the inci- have said as much, have said you want Bartlett Frank (MA) Longley dent affecting every Member, the water these bills repealed. Bass Franks (CT) Lucas crisis here in the District of Columbia This is an interstate compact, my Bateman Franks (NJ) Manzullo friends. By ignoring or opposing the Bereuter Frelinghuysen Martini as an example of interstate problems Bevill Frisa McDade created by this bill. Towns amendments, you are giving a Bilbray Funderburk McHugh The Towns amendment, in a real direct incentive for the States to com- Bilirakis Gallegly McInnis Blute Ganske McIntosh sense, gives us the best case for an ex- mit wrongdoing, one against the other. You are creating disputes among the Boehlert Gekas McKeon ception, because it cures a federalist Boehner Geren Meyers defect in this bill, and that is inter- States that will carry them into the Bonilla Gibbons Mica courts. You are wiping out a central Bono Gilchrest Miller (FL) state wrongdoing. feature of federalism. Brewster Gillmor Minge In a real sense, it is why we created Browder Gilman Molinari You ought to own up to it. the Federal Government in the first Brownback Gonzalez Montgomery The CHAIRMAN. The question is on Bryant (TN) Goodlatte Moorhead place. The Articles of Confederation the amendments offered by the gen- Bunn Goodling Morella left us with no way to deal in an equi- Bunning Goss Murtha tleman from New York [Mr. TOWNS]. table fashion among the States, and we Burr Graham Myers The question was taken; and the created this federalist system. Buyer Greenwood Myrick Chairman announced that the noes ap- Callahan Gunderson Nethercutt I want to say a word about motiva- peared to have it. Calvert Gutknecht Neumann tion here, because all day we have Camp Hamilton Ney heard that the point of this bill is in- RECORDED VOTE Canady Hancock Norwood Mr. TOWNS. Mr. Chairman, I demand Castle Hansen Nussle formation only. Well, let me remind Chabot Harman Oxley my colleagues that we have had to fix a recorded vote. Chambliss Hastert Packard this bill so that there was more than a A recorded vote was ordered. Chapman Hastings (WA) Parker point of order, so that there will be a The vote was taken by electronic de- Chenoweth Hayes Paxon vice, and there were—ayes 153, noes 252, Christensen Hayworth Peterson (MN) point of order vote. Chrysler Hefley Petri I really wonder why that was not in not voting 29, as follows: Clement Heineman Pombo the bill to begin with, if the point was [Roll No. 24] Clinger Herger Porter Coble Hilleary Portman to provide Members with information AYES—153 Coburn Hobson Poshard before they voted—when you did not Abercrombie Danner Gordon Collins (GA) Hoekstra Pryce even provide a way to vote in the first Baldacci DeFazio Green Combest Hoke Quinn place. If it was for information only, Barcia DeLauro Gutierrez Condit Horn Radanovich Barrett (WI) Dellums Hall (OH) Cooley Hostettler Ramstad then why is it not the case that the in- Becerra Deutsch Hall (TX) Costello Hunter Regula formation would come out in debate, Beilenson Dingell Hastings (FL) Cox Hutchinson Riggs my colleagues? Bentsen Dixon Hefner Cramer Hyde Roberts Berman Doggett Hilliard Crane Inglis Roemer Are people so afraid of mandates, Bishop Doyle Hinchey Crapo Istook Rogers which they should be, then the kind of Bonior Durbin Holden Cremeans Johnson (CT) Rohrabacher debate we are having here today would Borski Edwards Hoyer Cubin Johnson, Sam Ros-Lehtinen surely have been enough to deter Mem- Boucher Engel Jackson-Lee Cunningham Jones Roth Brown (CA) Eshoo Jacobs Davis Kasich Roukema bers from voting to put mandates on Brown (FL) Evans Jefferson Deal Kelly Royce their own people in the States and Brown (OH) Farr Johnson (SD) DeLay Kennelly Salmon cities. Bryant (TX) Fattah Johnson, E. B. Dickey Kim Sanford Cardin Fazio Kanjorski Dooley King Saxton I will tell you that you are disguis- Clay Fields (LA) Kaptur Doolittle Kingston Scarborough ing, and not very well, the real motiva- Clayton Filner Kennedy (MA) Dornan Klug Schaefer tion of this bill. You want to now force Clyburn Flake Kennedy (RI) Dreier Knollenberg Schiff to have a vote, to have an isolated Coleman Foglietta Kildee Duncan Kolbe Sensenbrenner Collins (IL) Ford Kleczka Dunn LaHood Shadegg vote, on costs, because you know that Conyers Furse Klink Ehlers Largent Shaw that is the heart of—— Coyne Gejdenson LaFalce Ehrlich Latham Shays H 446 CONGRESSIONAL RECORD — HOUSE January 20, 1995 Shuster Stump Walker cation of children of military families. dates. Further Congresses would find it much Sisisky Talent Wamp Skeen Tanner Watts (OK) Outside of the Great Lakes Naval easier to simply override the legislation being Skelton Tate Weldon (FL) Training Facility in north Chicago, IL, considered today and increase unfunded man- Smith (MI) Taylor (NC) Weldon (PA) in the 10th Congressional District, dates rather than to make painful cuts or in- Smith (NJ) Thomas Weller School District 187 struggles to provide Smith (TX) Thornberry White crease taxes, the latter of which would require Smith (WA) Thornton Whitfield education to children there. Forty-five a three-fifths vote of Congress. Solomon Tiahrt Wicker percent of them come from families at It is because of these concerns that the Na- Souder Torkildsen Wolf Great Lakes, and the Federal Govern- tional League of Cities testified in opposition to Spence Traficant Young (AK) ment provides only 27 percent of the Stearns Upton Young (FL) the balanced budget amendment at hearings Stenholm Vucanovich Zeliff cost of educating each of those chil- last week. Mayor Jeffrey N. Wennberg of Rut- Stockman Waldholtz Zimmer dren, leaving 73 percent for the local land, VT, testified that ``any balanced budget NOT VOTING—29 tax base. The difficulty is the local tax amendment would almost certainly increased Archer Gephardt Ortiz assessment base cannot support that unfunded mandates on cities and towns as Barton Houghton Quillen mandate. well as decrease what little Federal assistance Bliley Johnston Reynolds Burton Lincoln Seastrand b 1520 currently remains to fund existing mandates.'' He also noted that the ``pressure to order Collins (MI) McCollum Tauzin So we already have an underfunded de la Garza McCrery Velazquez State and local spending will grow geometri- mandate, not only in that school, but Diaz-Balart McNulty Visclosky cally under a balanced budget amendment un- Dicks Menendez Walsh in schools like it all around the coun- less an equally powerful restriction on [un- Fowler Metcalf Yates try. I can assure my colleagues that if Frost Neal we were to zero out Impact Aid and funded] mandates is enacted [in the Constitu- b 1511 have the Federal Government walk tion].'' Mayor Wennberg's concerns have been echoed by representative KAREN MCCARTHY, The Clerk announced the following away from its obligation to help at least to pay for those children, we past president of the National Conference of pair: State Legislatures, and Vermont Governor On this vote: would be having school districts going bankrupt everywhere in this country. Howard Dean, chairman of the National Gov- Miss Collins of Michigan for, with Mr. ernor's Association. Quillen against. We would have lawsuits filed against the Federal Government everywhere in The projected impact of the balanced budg- Mr. FOGLIETTA changed his vote this country. et amendment on the States would indeed be from ‘‘no’’ to ‘‘aye.’’ My school district went bankrupt staggering. A recent Treasury Department So the amendments were rejected. last year, and luckily the State of Illi- study concludes that in order to balance the The result of the vote was announced nois came through with funds to help. budget by the year 2002, ``Federal grants to as above recorded. States would be cut by a total of $97.8 billion Mr. PORTER. Mr. Chairman, I move But if this happens, if we stop funding Impact Aid or reduce our support for in fiscal 2002.'' Other Federal spending that to strike the last word. directly benefits State residents would be cut Mr. Chairman, this bill is about un- Impact Aid, we will have created the greatest unfunded mandate around, by $242.2 billion in fiscal year 2002. My own funded mandates, and one of the man- State of Michigan would face a loss of $2.5 dates that we have in our country is to and it will lead to chaos in our public education systems in cities and towns billion in Federal funding, which would require educate all of our children who wish to more than a 13-percent increase in State attend public schools. This mandate in- all around this country. Mr. Chairman, I would ask that peo- taxes. cludes the children of military person- The only way to protect the State and local nel living on military bases all around ple understand that there are programs governments from the threat of increased un- our country. Their children, like all that are ongoing, that there are man- funded mandates would have been to include other children, are entitled to attend dates that already exist, which if they a constitutional prohibition in the text of House local public schools. are not fully and responsibly funded, Joint Resolution 1. Representative FRANK The difficulty is that their parents will create the greatest unfunded man- sought to do precisely this at the committee pay no taxes to support those schools, dates you have ever seen. and we have had since 1950 in our law Mr. CONYERS. Mr. Chairman, I move markup, but his amendment was defeated by provisions under a program called Im- to strike the last word. the Republicans in a 15 to 20 party-line vote. pact Aid that provides direct Federal Mr. Chairman, I would like to con- The Governors, the mayors, the police and payment in support of local schools gratulate the new chairman of the other local officials should not be misled. Un- that provide and meet the educational committee that I chaired and served on funded mandates legislation will not protect mandate for children on military bases. so well, the gentleman from Pennsylva- them when the Federal Government is forced This is a mandate, Mr. Chairman, that nia [Mr. CLINGER], and to also con- to make draconian budget cuts to balance the has been vastly underfunded. This, to gratulate the ranking minority mem- budget. The only real safeguard would be to me, is an obligation of the Federal ber, the gentlewoman from Illinois include such a prohibition in a constitutional Government, very much like a contrac- [Mrs. COLLINS]. amendment to balance the budget, because tual obligation that the Federal Gov- Mr. Chairman, the so-called unfunded man- then, the States would have such a promise ernment must pay to insure that it is dates legislation before us today offers no real before them in determining whether to ratify paying a fair share of the costs of edu- protection to the States or local units of gov- such an amendment. But so far, that option cating these children. ernment in the event a balanced budget con- has been blocked by the new Republican ma- Mr. Chairman, we have people in my stitutional amendment is adopted. Evidently, jority. While a clever ploy, that sleight-of-hand own party who are suggesting that Im- this is why the Republican leadership has re- has already been seen for what it really is: A pact Aid be zeroed out, and I might sisted the efforts by Democrats on the Judici- failure of resolve to descend from soaring say, Mr. Chairman, that if Impact Aid ary Committee and throughout the House to rhetoric to making a real promise to the States were zeroed out, it would create a huge provide an explicit statement about unfunded and the American people. unfunded mandate, and it seems to me mandates in the text of any proposed constitu- Mr. DINGELL. Mr. Chairman, since late in that would be totally inconsistent with tional amendment to balance the budget. By 1993, State and local government officials our policy of not putting unfunded keeping the constitutional amendment and the have trumpeted a call for Congress to enact mandates on State and local govern- unfunded mandates statute on separate legislation to curb the imposition of so-called ment. The cost of this unfunded man- tracks, we have reached the height of obfus- unfunded mandates on State and local gov- date would approach a billion dollars, cation of true intent very early, indeed, in the ernments, and to ensure that Federal taxpayer and I can say to my colleagues in the new Congress. funds pay the costs of complying with such House that even today, under the Im- The balanced budget amendment approved mandates, both large and small. pact Aid program that we have, there by the Judiciary Committee last week places It is worth reviewing some history and some are schools in the United States, and State and local taxpayers at severe risk by al- examples. those in my own district, that are lowing State and local governments to bear In the 1970's, there was a considerable going bankrupt because we do not pro- the brunt of the costs of balancing the Nation's public outcry by buyers of used motor vehicles vide sufficient support for the edu- budget through increases in unfunded man- that odometer readings, which consumers use January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 447 as an index of the condition and value of the Republican policy, according to President In some respect, that wasÐand isÐthe car, did not reflect the true mileage. Unscrupu- Bush and Governor Thompson, to impose case. However, what I failed to factor was lous sellers often turned the odometer back by Federal mandates on State and local govern- Uncle Sam's ability to determine what's best thousands of miles and States did not uni- ments and on the business sector. and to make us pay for itÐlike it or not. Im- formly police this fraud. Under the commerce Today, the Republican policy is to reverse posing obligations on local government from clause of the Constitution, the Congress en- the Bush-Thompson policy of 1989 for State distant beltway bureaucracies, but without acted odometer fraud legislation that imposed and local governments, but not the private Federal dollars to pay for them is wrong, duties on the States in the transfer of vehicle sector. Today, they want to curb Federal man- wrong, wrong. H.R. 5 will right it. titles. Most States complied immediately, dates for State and local officials, so, as re- Mr. Chairman, I have been a county super- though California only recently complied. But ported a few days ago, by the Washington visor. My chief of staff here on the Hill, John all recognized that there was a national need Post, the Governors, like Governor Wilson of McCamman, has been the chief administrative the States were not filing. California, can give tax breaks to their citizens. officer of two California counties. My constitu- Similarly, in the late sixties and early seven- However, in the case of private business, ents and former county government col- ties, the public was outraged by oil spills in the which generates jobs for taxpayers, they leagues urge us on every day to end the man- Gulf of Mexico and Santa Barbara, CA, and by merely want to provide information on the cost date madness. the pollution of our great and small waterways, of Federal mandates on the private sector. Here is what my friend, Garry Parker, chair- such as the Great Lakes, the Hudson, the Po- In 1989, the Republican Governors did not man of the Board of supervisors of Mariposa tomac, the Mississippi, and many more. One want to offend environmentalists. They sup- County, CA, says: waterway in Ohio caught fire from pollution. ported all kinds of mandates, whether funded One of our most pressing needs in getting Again, it was recognized that this was an or not. They wanted to be green and closed to the point that our government structure interstate problem. National standards were their eyes to the costs. Today, they think the makes sense to the public is in the area of needed so as not to create pollution havens in unfunded mandates. It is very difficult to ex- public is no longer on the green side. They plain and justify to our constituents that the some States, to the detriment of others. Con- champion reduced costs and tax reductions, gress enacted the Federal Water Pollution County cannot afford a service for which not environmental quality. However, their con- there is a well established local need, be- Control Act, which included mandates on cern does not extend equally to the private cause we are obliged instead to provide fund- State and local governments, some of which sector. Nor do they explain how environmental ing for a much lower local priority, simply were unfunded. The result has been positive, quality will be improvedÐor even just main- because it is a federal or state unfunded and clearly the public is now enjoying cleaner tainedÐif mandates only extend to the busi- mandate. We view ourselves as partners with waterways. ness community. our state and federal counterparts and we Last year, as part of the crime bill, Congress need to operate on a much more equal foot- H.R. 5 is hastily conceived and unfair. It is ing. We need to establish sufficient trust be- heard the concerns of women who were being a political document, not sound public policy. stalked because of easy access to motor vehi- tween us that some of the more egregious Sure, we must cut costs. Sure, there are man- oversight and overkill is eliminated, so that cle records that reveal the addresses of dates that may not be wise, but they affect the we can move more collaboratively ahead on threatened women. To address this problem, private sector as well as State and local gov- our common agendas. Congress enacted the Drivers Privacy Protec- ernments. We should take more time, hold tion Act of 1994, patterned after the odometer I am grateful to another friend, Mike hearings, fashion a more equitable and sound- law with duties imposed on the States. It too Coffield, county administrative officer of my er bill. Remember, in the case of clean air, is an unfunded mandate. It was needed be- home and native county of Mariposa for pro- State and local governments operateÐdirectly cause all the States were not adequately ad- viding my office with Chairman Parker's ex- or indirectlyÐlandfills, tunnels, powerplants, dressing this serious threat to women. pression. airports, vehicles, incinerators, and many other Another law cited as an unfunded Federal From the California State Association of activities that pollute. If they are freed of man- mandate is the Clean Air Act Amendments of Counties, Steve Keil, its legislative representa- 1990. dates, who will pick up their slack? Competing tive, writes from Sacramento: Congress passed that law in October 1990, private businesses, of course. It is vital that this legislation pass at once. As you know, the increasing costs of by a vote of 401±25 with the support of such Now, H.R. 5 ignores these important consid- erations. Mr. Speaker, its only focus is on unfunded Federal mandates have imposed an prominent Republicans as the Speaker, the enormous drain on our limited resources. If Rules Committee chairman, the Appropriations costs to State and local governments. It sets up a legislative hurdle to navigate around if fu- relief is not granted soon by enacting strong Committee chairman, and many others. legislation, we fear at some point we will not The 1990 amendments culminated a strug- ture Congresses are to address the national be able to provide adequate vital services gle started in 1981 by the Reagan administra- problems I described, without even consider- such as fighting crime and illegal drugs, edu- tion. Many of the provisions were rec- ing the reasons for a mandate or its need to cation, jails and corrections, health care and ommended by the State and local air adminis- be implemented. It is, in essence, designed to social services for children and the elderly. trators with the support of the National Gov- give States and local governments veto power In 1993, Price Waterhouse conducted a sur- ernors Association, mayors, and other local of- over congressional action in either House. The vey of unfunded mandates affecting county ficials. In fact, on December 15, 1989, the only criterion is costs to these governments. governments. Based upon that study, 1993 Governor of Wisconsin, Tommy G. Thompson, The needs of the consumer or general tax- costs for counties for just 12 mandates are wrote to me saying: payer, and the benefits to society, are sub- $4.8 billion. For the 5-year period 1994±98, I strongly support Congress’ efforts to pass sumed. $33.7 billion of county costs for unfunded Fed- Amendments to the Clean Air Act which will Those who favor H.R. 5 are apparently ob- eral mandates will be incurred. Just the 12 improve air quality throughout the Nation. livious to the very negative consequences of surveyed mandates consume an average of Governor Thompson made several rec- trying this important legislation to a partisan 12.3 percent of locally raised revenues. ommendations for change, but he never men- document. Congress owes every government, Unfunded mandates are, in reality, a hidden tioned a concern about the bill's mandate. In every business, and every taxpayer a better burden on taxpayers. Whether it is water test- fact, he said: piece of legislation than a political plank which ing, architectural accommodation, sewage Congress should make EPA promulgation cannot easily, or quickly, be translated into the treatment, soil contamination, wetlands regula- of Federal Implementation Plans mandatory public interest. tion, petroleum problems, or farm chemicals, when a State fails in its State plan develop- Mr. RADANOVICH. Mr. Chairman, this is a when the Federal Government reaches out, it ment and delete the provisions from H.R. day for which we have long waited. Those of doesn't touchÐit tyrannizes. 3030 which would render all previous Federal us who have served at the local level of gov- Lest we forget, the Founders fought to rid Implementation Plan agreements moot. ernment have held out hope that one day themselves of royal agents who would tax The Governor noted that Wisconsin had Congress would awaken to the damage done them while denying them any electoral say as turned to the courts to force a cleanup in Illi- by unfunded mandates. That day is today. to the who and where of that levy. nois and Indiana and feared that without this When I first began public service as a mem- Today we are considering a reform of the authority, these States would shirk their duty. ber of a county planning commission, I carried Federalist system itself; a return to a relation- Congressman KIM has introduced H.R. 304, into office what turned out to be a naive no- ship between the Federal Government, and along with Congressman DREIER, to prohibit tion. I thought that our community's elected of- the various State and local governments that EPA from promulgating a Federal implementa- ficials were free to do what they best believed reflects a partnership in the activity of govern- tion plan in California. In 1989, it was good served the citizenry. ing. A relief from additional Federal mandates H 448 CONGRESSIONAL RECORD — HOUSE January 20, 1995 on State and local government will take a long One of the worst examples I know of an un- Many previously enacted statutes that do stride toward correcting the imbalance of this funded mandate occurred in the town of Nep- impose costs on States and localities were relationship and conform our system of gov- tune Beach in my district. Neptune Beach is a passed only after years of consideration with ernance to the system outlined in the Federal- small town with a population of 6,500 people. the broad support of those governmental bod- ist Papers and in the Constitution itself. This small town had saved and scrimped to ies. Support was based on several concepts. It becomes again our opportunity to con- put together the funds necessary to make cor- First, many States wanted to do their share, tinue the reform begun when this 104th Con- rections to their water system. Unfortunately, but needed the Federal Government to insure gress convened. Our opening day showed the an EPA safe drinking water fine was handed that their neighbors did theirs. Environmental way as we changed rule after rule improving down and has cost the city $100,000. laws dealing with air, water, and sewage, for the way the House does business. Now, by The gist of this problem is that the city still example, were designed to protect States from lifting the burden of unfunded mandates, we has the need for improvements to the water potential damage caused by their neighbors. are changing the business Congress does. system but cannot afford the cost due to the Second, States were often prepared to as- The Contract With America continues to be Federal fine penalizing them for not fixing the sist in solving problems such as developing performed, as we keep faith with the 10th problem. This simply makes no sense. Instead national databases of child molesters or doing amendment in the Constitution's Bill of Rights, of fixing the problem and providing the nec- background checks on child care center oper- reserving to the States and the people all essary cure, the Federal Government is actu- ators. The benefits from these programs far those public powers except those delegated to ally exacerbating the problem. outweighed any burdens. the Federal Government. Mr. Chairman, as Federal legislators, we Third, in return for certain unfunded man- Mr. POSHARD. Mr. Chairman, I rise in can do a lot of good. Unfortunately, as a dates, States also received large financial strong support of H.R. 5, the Unfunded Man- former local official, I know that the enactment benefits. Cleanups of harbors, construction of dates Reform Act. I am proud to be a member of unfunded Federal mandates can do more bridges, roads, and sewage treatment facilities of the Congressional Caucus on Unfunded harm than good. We cannot continue to pass were largely funded with Federal dollars and Mandates, and thank the gentleman from Cali- laws and mandates on to the people back greatly improved the lives of American citi- fornia [Mr. CONDIT] for his leadership. home and refuse to back them up with the zens. My legislative background prior to coming to necessary resources to get the job done. I Fourth, many of the unfunded mandates Congress was 4 years of service in the Illinois strongly support this bill and the beneficial ef- placed on localities and the private sector State Senate. Before that, I was the adminis- fects it will have on our constituents back were enacted by State governments. Localities trator for educational programs across a home. have also imposed unfunded mandates on the multicounty area in southern and central Illi- Mrs. COLLINS of Illinois. Mr. Chairman, private sector. Like Congress, both States and nois. I think I have a pretty good idea of why many Democrats favor the concept of treading localities have found mandates a convenient it's necessary to have standards and regula- carefully in placing additional responsibilities way to achieve important goals with limited tions which govern the use of our tax dollars. on States and localities without providing full funds. Thus, resolution of the unfunded man- But I also have first-hand experience with funding. In fact, in the 103d Congress, the dated dilemma can only be achieved with the being told to do something but not being given Committee on Government Operations re- cooperation of State and local governments. the resources to follow through. ported a bill on unfunded mandates by a vote While Congress should carefully scrutinize That is what we seek to correct through this of 35 to 4. It was developed in a bipartisan any unfunded mandate, and must be required legislation. We recognize that there are legiti- fashion with the support of both the chairman to evaluate both the costs and benefits of mate reasons for making States and local gov- and ranking member of that committee, and such laws, we must not totally hamstring our ernments carry out certain obligations. And, in every major organization representing State ability to pass laws that need to be passed. turn, we say that if it's a program of priority and local government. Unfortunately, the bill as drafted may do just nature, then we have to come up with the way The process by which the bill was consid- that. to pay for it. ered in this Congress was the antithesis of Why shouldn't the bill be made effective I represent a large, mostly rural district, dot- last year's efforts. There were no public hear- upon date of enactment? The bill's effective ted by small villages and communities of a ings on the bill. The bill was drafted in secret date is October 1, 1995. Over the coming couple hundred people each. Their ability to with no consultation with the minority. It was months, the Congress is likely to consider nu- raise funds on a local level to comply with the introduced on Wednesday, January 4, and merous bills which could drastically cut funds growing number of regulations which are available in print on Friday, January 6. The available to States and localities to pay for being imposed is severely limited. This bill will markup was held 4 days later. various Federal programs. These bills, which help ease those burdens. The haste in which this bill was considered could likely be considered unfunded man- I have letters in my files from Decatur, left a number of substantive issues dates, could have exactly the consequences Herrin, Flora, Coles County, Shelby County, unaddressed, which even the authors con- that the bill's authors are attempting to avoid. and units of government across my district in ceded at markup that they would like to ad- We can find no explanation for the delay in support of this effort. This is a bipartisan effort dress on the floor. The minority views con- the effective date. which I strongly support. tained in the report on H.R. 5 detail the proce- Why did the sponsors exclude certain man- Mrs. FOWLER. Mr. Chairman, as a member dural faults that took place during the markup, dates, such as national security, but not oth- of the Jacksonville City Council for 7 years, I and I encourage all Members to read these ers? Section 4 of the bill, and the new section saw first hand the impact of unfunded Federal views before the bill is on the floor later this 422, of the Budget Act of 1974 list certain mandates and regulations. There are many week. mandates, such as those necessary for the here today in Congress who bring similar past Before detailing the substantive issues national security, as excluded from the appli- experiences to the floor. The House member- raised at the markup, we want to establish a cation from the bill. Yet during the course of ship contains former mayors, county super- few points about unfunded mandates. First, consideration of the bill, only an amendment visors, State senators and representatives, we are keenly sensitive to the issue of un- to exclude Social Security was adopted. and other elected officials in both county and funded mandates. Governors and mayors are Among the amendments that were not adopt- State government. In those roles, we all saw rightfully concerned that efforts such as a bal- ed were: first hand the impact of unfunded Federal anced budget amendment and other more im- An amendment by Representative MALONEY mandates on the State and local governments. mediate efforts to reduce Government spend- to exclude laws protecting the health of in- One of the underlying premises of the Con- ing not be a disguised effort to shift the costs fants, children, pregnant women, and the el- tract With America is that less Federal Gov- of Government programs to States and local- derly; ernment is better. In carrying out that premise, ities. We concur. Amendments by Representative KANJORSKI it is necessary to reduce the burden of un- At the same time, we do not necessarily to exclude laws relating to securities regula- funded Federal mandates on the States and agree that many previously enacted laws that tions, such as the sale of derivatives, and laws localities. We simply cannot expect our home- may be characterized as unfunded mandates establishing data bases that identify child mo- town and State officials to bear the burden of are necessarily wrong. Indeed, the authors of lesters, child abusers, persons convicted of Federal laws and regulations without providing the bill insist their legislation is intended to be sex crimes, persons under restraining orders, the necessary funding to implement them. The prospective onlyÐalthough we have concerns or persons who fail to pay child support; legislation we are considering here today, H.R. that the objective has not been achieved by An amendment by Representative TAYLOR 5 enforces that view. the statutory language. to exclude laws relating to sewage treatment; January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 449

An amendment by Representative SANDERS dents of other States, local governments, or many programs that are designed to protect on laws relating to minimum standards for tribal governments, respectively. their health and safety dismantled because labor protections; Certain Federal laws that place costs on they have now been labeled an unfunded An amendment by ranking member COLLINS governments are designed to protect residents mandate. of Illinois to exclude laws relating to airport se- of neighboring States. For example, as Rep- In the end the advisability of passing any curity; resentative TAYLOR of Mississippi described law cannot be solely determined by a cost es- Amendments by Representative SPRATT to during the markup, the people of his district lo- timate by the Congressional Budget Office. exclude laws relating to Medicare and nuclear cated at the base of the Mississippi River are Not only are such estimates difficult to make, regulation; and deeply affected by the ways in which States as the Director of CBO has pointed out, but An amendment by Representative BARRETT along the Mississippi treat their sewage. Un- the other side of the equation must be ad- to exclude sentencing guidelines. less the Federal Government was willing to dressed: namely, the benefits that the legisla- It is difficult to see the logic in excluding pay the polluting States for the cost of their tion will yield. laws which would seek to transfer the burden waste treatment, the Federal Government We must legislate responsibly, particularly in for our national defense to the States from the could not protect the victims of this pollution in this field. We, not the Director of CBO, must application of the bill, but not exclude laws neighboring States. ultimately take responsibility for our actions. which are designed to protect all Americans Why shouldn't the polluter pay? Why should While we should require as much information such as those described above. During the this be the responsibility of the victimized as possible in making our decisions, legisla- course of debate, it was contended the law State's residents? tion on this subject must be carefully drafted merely requires an affirmative vote for un- This is not a hypothetical situation. All over to avoid unanticipated consequences. funded mandates, but as the discussion above the country, there is dumping of raw sewage One of the purposes of H.R. 5 is ``to pro- indicates, unless the law is amended, protec- and hospital wastes. Incinerators are blowing mote informed and deliberate decisions by tions of average Americans, children, seniors, toxic smoke over State lines. Unless the Fed- Congress on the appropriateness of Federal pregnant mothers, and others could be jeop- eral Government can act to protect citizens mandates in any particular instance.'' Unfortu- ardized. from the pollution caused by their neighboring nately, in their haste to enact provisions of the Extending the bill's provisions to laws of States, the health and safety of the American Contract With America, the majority has pre- general applicability to the private sector could people will be jeopardized. cluded the kind of informed and deliberate de- lead to undesired consequences. The defini- Why are appropriations acts excluded from cisionmaking process it professes to promote. tion of an intergovernmental mandate is so the application of the bill? One of the more Mr. CLINGER. Mr. Chairman, I move broad that many laws directed at the private likely examples of an unfunded mandate is an that the Committee do now rise. sector could be thwarted because of their indi- appropriations bill that fails to fully fund a Fed- The motion was agreed to. rect effect upon the public sector. In addition, eral mandate. Yet the bill excludes appropria- Accordingly, the Committee rose; in cases which the private sector competes tions acts from the applicability of the legisla- and the Speaker pro tempore (Mr. with the public sector in enterprises such as tion. LINDER) having assumed the chair, Mr. power generation, the private sector enter- It is unclear why we would want to exempt EMERSON, Chairman of the Committee prises could be placed at a competitive dis- this broad category of laws. To the contrary, of the Whole House on the State of the advantage. Members should receive a full accounting from Union, reported that that Committee, Some examples of these laws were brought the Appropriations Committee and the Con- having had under consideration the bill up at the hearing. An increase in the minimum gressional Budget Office concerning the level (H.R. 5), to curb the practice of impos- wage law could be defeated by a point of to which the appropriations fail to adequately ing unfunded Federal mandates on order if funds were not provided to pay for the fund mandates on State and local govern- States and local governments, to en- increased costs for State and local employees, ments. sure that the Federal Government pays unless the law exempted State and local em- Why should we create a new Federal bu- the costs incurred by those govern- ployees. reaucracy to study unfunded mandates? Title ments in complying with certain re- Laws designed to protect investors in de- I of the bill establishes an entirely new com- quirements under Federal statutes and rivatives could be thwarted if they were made mission with funding of $1 million to study the regulations, and to provide information applicable to municipal purchasers if it could costs of unfunded mandates. Americans have on the cost of Federal mandates on the be found to be an unfunded mandate. expressed an interest in less Government, not private sector, and for other purposes, Laws which establish various protections for more Government, yet the first bill that our had come to no resolution thereon. workplace safety would either have to fund committee reports establishes another new f State or local government costs of compliance Government body. or exempt those governments from compli- After an amendment by Representative ADJOURNMENT TO MONDAY, ance. MEEK to eliminate this new commission was JANUARY 23, 1995 defeated, she offered a second amendment to These results seem directly contrary to two Mr. DELAY. Mr. Speaker, I ask unan- transfer the functions to the already existing principles that have broad support in the Con- imous consent that when the House ad- Advisory Committee on Intergovernmental Re- gress. First, the House approved H.R. 1, the journs today, it adjourn to meet at lations. At the request of Chairman CLINGER, Congressional Accountability Act to make a 12:30 on Monday next. Representative MEEK withdrew this amend- variety of private sector laws applicable to The SPEAKER pro tempore. Is there ment. Congress. Why are we now passing a law that objection to the request of the gen- The new commission would also establish a would provide one set of protections to private tleman from Texas? troubling precedent. The bill calls for the sector workers and fewer protections to public There was no objection. sector workers? Speaker and Senate majority leader to each Second, why are we giving public sector en- appoint three members of the commission, f terprises, such as power generators, natural after consultation with the minority leaders. An DISPENSING WITH CALENDAR gas pipelines, and waste treatment facilities a amendment offered by Representative WAX- WEDNESDAY BUSINESS ON competitive advantage over private sector en- MAN to have the Speaker and Senate majority WEDNESDAY NEXT terprises? If this unequal treatment is not re- leader each appoint three members, and the solved, it is foreseeable that private sector en- minority leaders to each appoint one member, Mr. DELAY. Mr. Speaker, I ask unan- terprises will over time be converted to public as current laws operate, was defeated. imous consent that the business in sector enterprises. SUMMARY order under the Calendar Wednesday Mandates designed to protect States from As described above, many Democrats favor rule be dispensed with on Wednesday harmful effects caused by neighboring States increased scrutiny of unfunded mandates. Par- next. should be excluded from this act. An amend- ticularly at a time, when the Federal Govern- f ment by ranking member COLLINS of Illinois ment is seeking to reduce its deficits, the lure was defeated that would exclude from the ap- of cost shifting to the States must be resisted. REMOVAL OF NAME OF MEMBER plication of the bill laws that regulated the con- However, in fashioning a responsible bill on AS COSPONSOR OF H.R. 259 duct of States, local governments, or tribal mandates, there are important details that Mr. RANGEL. Mr. Speaker, I ask governments with respect to matters that sig- have not been carefully addressed. It must be unanimous consent that my name be nificantly impact the health or safety of resi- understood that Americans do not wish to see removed as cosponsor of H.R. 259, a bill H 450 CONGRESSIONAL RECORD — HOUSE January 20, 1995 to amend title 49, United States Code, mula to meet these stated goals. My bill, the The SPEAKER pro tempore. Under a to eliminate provisions of Federal law Fairness in Medicaid Funding Act of 1995, previous order of the House, the gen- that provide special support for, or bur- would use the GAO formula not to change pol- tleman from New Jersey [Mr. MARTINI] dens on, the operation of Amtrak as a icy but only the process by which Medicaid is recognized for 5 minutes. passenger rail carrier, and for other dollars are allocated. [Mr. MARTINI addressed the House. purposes. The essence of the existing Medicaid for- His remarks will appear hereafter in The SPEAKER pro tempore. Is there mula has been unchanged for 30 years. Con- the Extensions of Remarks.] objection to the request of the gen- gress had two intentions when they created tleman from New York? the formula. First, that Federal matching funds f There was no objection. should reflect a State's ability to pay benefits The SPEAKER pro tempore. Under a f to those in need. And, second, Congress previous order of the House, the gen- wanted to determine how many residents of STATES ARE BEING tleman from New York [Mr. OWENS] is each State needed Medicaid benefits. recognized for 5 minutes. SHORTCHANGED ON MEDICAID At the time, the best information available to (Mrs. THURMAN asked and was measure these objectives was an estimate of [Mr. OWENS addressed the House. given permission to address the House each State's per capita income. Thirty years His remarks will appear hereafter in for 1 minute and to revise and extend ago this information was the best available to the Extensions of Remarks.] her remarks and include extraneous Congress. But during the last two decades, f material.) the Federal Government has collected more Mrs. THURMAN. Mr. Speaker, all of and better economic data. The SPEAKER pro tempore. Under a us in this Congress should be dedicated Mr. Speaker, today there are much better previous order of the House, the gen- to making sure that our scarce re- measurements available, and we should use tleman from Michigan [Mr. EHLERS] is sources go to those Americans most in them. recognized for 5 minutes. need of assistance. A significant weakness of the current for- [Mr. EHLERS addressed the House. However, this is not what is happen- mula is that it does not adequately reflect a His remarks will appear hereafter in ing with Medicaid. State's ability to pay its share. The money a the Extensions of Remarks.] That is right, Mr. Speaker. When it State can pay in Medicaid benefits should also comes to the Medicaid Program, many reflect the income its residents and busi- f of our States, including my own home nesses produce. However, a measurement of State of Florida, are being short- per capita income reflects only part of the total REMARKS ON WELFARE REFORM changed. We are being shortchanged income produced by a State's residents and The SPEAKER pro tempore. Under a because the Medicaid funding formula, businesses. previous order of the House, the gen- which is 30 years old, is neither fair nor Per capita income does not include cor- tleman from California [Mr. MARTINEZ] accurate. Under the formula in use porate retained earnings, which is a significant is recognized for 5 minutes. since the Medicaid Program was cre- share of a State's business income. Therefore, Mr. MARTINEZ. Mr. Speaker, as a ated, a State’s need is based solely on two States with the same per capita income member of the Committee on Eco- may actually have significantly different capac- per capita income. nomic and Educational Opportunities, In 30 years, we have developed much ities to fund Medicaid benefits. formerly the Education and Labor more accurate ways to measure true Furthermore, the per capita income formula Committee, and one who has chaired a need and we should use them. does not adequately measure the total number The General Accounting Office has of people in need of Medicaid benefits. That subcommittee with jurisdiction over recognized the shortcomings of the cur- need is determined by the number of residents the Job Opportunities and Basic Skills rent formula. In a report the GAO rec- with incomes low enough to qualify for Medic- Program, I have spent much of my con- ommended a new formula that takes aid. Again, two States with roughly equal per gressional career dealing with the issue into account the rate of poverty as well capita incomes can have dramatically different of welfare and the various means this as per capita and corporate income. percentages of residents qualifying for Medic- body and that committee has consid- The GAO has said this will be a much aid. Yet, both States would receive the same ered for reforming that system. more accurate reflection of a State’s matching rate from the Federal Government. The welfare system in this country is ability to finance Medicaid benefits. It This just does not make sense any more and clearly not achieving the purposes for would also ensure that assistance went it needs to be changed. which it was designed. where it is most needed. My proposal, based on the GAO's rec- When it was originally designed, it The Fairness in Medicaid Funding ommendations, would base the Federal share was a program designed to protect chil- Act of 1995, which I am introducing for Medicaid on: First, per capita income plus dren from the ravages of poverty that today puts in place the GAO’s rec- corporate income produced within a State. are likely outcomes of the death of the ommendation. This is a much more accurate measure of a family breadwinner—which in 1935 I would urge my colleagues to join State's ability to finance Medicaid benefits. meant the father. me in correcting the Medicaid funding Second, the State's poverty rate, which gen- Since the mid 1960’s, when it was re- formula. erally indicates the number of persons who formed under President Lyndon Baines Mr. Speaker, as is often the case in Wash- are potentially in need of Medicaid benefits. Johnson, it has been extended to cover ington, the Federal Government does not al- All these statistics are already complied for the children of those whose personal other purposes by the Federal Government. ways target its resources to those individuals circumstances—whether as a result of who need them the most. Unfortunately, when Moreover, this proposal does not cost the a death of the breadwinner, a family it comes to how the Federal Government cal- Federal Government one dollarÐit is budget breakup or desertion of the family by culates the Medicaid matching fund formula, neutral. the breadwinner, the lack of jobs for the existing Federal formula creates an unfair Mr. Speaker, the passage of the Fairness in distribution of Medicaid funding to the States. Medicaid Act of 1995 will ensure that States any adult in the family, or because of I am committed to continue the debate over receive, not only what they need, but what an out-of-wedlock birth—prevented the inequity until we arrive at a fair remedy. they deserve from Washington. This plan is them from being economically self-suf- Therefore, I rise today to reintroduce the Fair- based upon a fair, objective, and contem- ficient. ness in Medicaid Funding Act of 1995. porary evaluation of each State's needs and The object was, and continues to be, My bill would update the Federal Medicaid capacity. the children, who are our future. funding formula and result in a fair and accu- f Welfare in the form of Aid to Fami- rate disbursement to the States. The General lies With Dependent Children is based Accounting Office [GAO] has evaluated the SPECIAL ORDERS on the belief that our children are our existing Medicaid formula and has concluded The SPEAKER pro tempore. Under future, and caring for those children so that it does not meet the objectives estab- the Speaker’s announced policy of Jan- that they can reach adulthood with the lished by Congress in 1965. The GAO exam- uary 4, 1995, and under a previous order necessary education, nurturing, and so- ined the objectives Congress was attempting of the House, the following Members cial skills that will enable them to be- to achieve and developed an alternative for- are recognized for 5 minutes each. come productive members of society. January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 451 Welfare systems, whether private find that the solution is not to deal on the healthy road of life, ensures charities or government support pro- with preventing these out-of-wedlock that they are not hungry in school, and grams, cannot eradicate poverty solely births, but rather is to deny benefits to enables them to learn. through making monthly payments to the children produced by these unions. The National School Lunch Program poor people. That is something like arresting the provides nutritious meals at low or no The eradication of poverty has con- victim because she was robbed. cost to needy children—not just AFDC founded leaders since before the time We must look at the causes for be- recipients but also the children of the of Christ. havior, not the outcomes of that be- working poor. Even Christ admitted ‘‘You will al- havior, in fashioning solutions. The Older American Act, in its title ways have the poor with you.’’ But, This bill does not do that. III nutrition programs, ensures that while I do not believe that we will ever I am also interested in the various older Americans, especially those who totally eradicate poverty, that is no proposals to pay for this reform—and, are economically dependent or other- reason to give up on the fight to make of course, achieve deficit reduction at wise unable to cope with the difficulty the lives of poor children safe and sup- the same time. of making their own meals can receive portive. Title 4—denying Federal program ac- nutrition in either a congregate set- And that is why I believe in the Fed- cess to legal aliens—now there is an in- ting, at senior centers, or through a eral Government’s role in the welfare teresting idea. home delivered program, regardless of system, because it is our national duty After all, these people who pay their their status as welfare recipients. to ensure that programs are truly sup- taxes, keep up their homes, educate These and the other programs that portive of children and that related their children, and live next door—in would be lumped into this gigantic programs, including nutrition, employ- short act like nearly all Americans. block grant have their separate identi- ment and training, education, child But they suffer from a really serious ties because the nutritional needs of care and housing act in concert with lack—they are not citizens and, con- these populations are different and the welfare programs to provide the hand sequently, do not vote to elect the methods of meeting those needs are up to those in poverty that will enable Members of this body. different. them to achieve a better life. Why not go the whole way and say to There are those who say that our these people who we invite to come to Yet, the drafters of H.R. 4 would welfare system is not working, and I America and to continue to build our lump them all into one program. wholeheartedly agree with that assess- country as immigrants have done for And then they would allow the States ment. over 300 years—fine join us, but if you to use the funds for purposes which Clearly our welfare system needs re- do not choose to become a citizen—go have nothing to do with nutrition—to form. back home—and then deport them. fund jobs under the so-called work pro- I believe that there are a number of The fact that they decide to stay and gram for the welfare parent, and pro- things about welfare reform and the do not elect to become citizens means vide a bounty of $20-per-head for every current issues being debated in the that they do not wish to become fully one the State does put into these pro- context of welfare reform on which we American. grams. can all agree—and I would like to list That, I suppose, is reason enough to I see no merit in that proposal. some of those: say—‘‘pay the freight but don’t take Beyond what is contained in the bill First, the fact that 15 million people the ride.’’ that would allegedly solve the welfare in 5 million families have to rely on Then, why not deny Federal program problem, let me speak briefly about Aid to Families With Dependent Chil- benefits to all Americans who failed to what is not in the program. dren is a national disgrace. vote in the last two elections? First—there are no jobs. Second, most of the recipients of Aid Sixty five percent of the electorate Parents on welfare are required to go to Families With Dependent Children— failed to vote last November, we are to work—but there are no provisions in fact 9.6 of the 15 million recipients, told. that would stimulate jobs either in the have no alternative to AFDC on their If they do not care enough to vote— public or private sector. own—because they are children. if they do not care enough to become a Thirty-seven percent of the people on Third, one of the major failings of citizen—they do not deserve to partici- welfare are there because of unemploy- the welfare system is that it rewards pate in these programs. ment. behavior that it wishes to change, and It is not like they will vote us out of Does that not indicate that jobs must provides significant barriers to change office. be there if those people are to get back for the better. That makes about as much sense and into productive employment? These are things that I see printed in is about as defensible. Even if welfare mom finds a job, speeches and pronouncements by my Then we come to title five—which there are no provisions for child care. colleagues of all political persuasions. certainly represents a variation on en- In hearings I conducted in the 103d These are what we can agree on. lightened thinking—nutrition pro- Congress, witnesses stated categori- What I am afraid we do not have as grams should be combined into a one cally that the single most important much agreement about is the basic size fits all block grant. barrier to seeking, finding and keeping question of how we solve the problems Just last week in the Economic and a job was the lack of safe, affordable, inherent in the system. Educational Opportunities Committee, and relatively stable child care. H.R. 4, the Personal Responsibility we heard witnesses talking about our One member of the Economic and Edu- Act, is, I am told, the Republican wel- labor laws and assailing the Congress cational Opportunities Committee, the Honor- fare reform that was promised in the and the Labor Department for failing able LYNN WOOLSEY of California, a former Contract With America. to recognize that different size busi- welfare mother herself, has told us that, in the Well, I have read this bill, and I find nesses have different problems and first year that she returned to the work force, absolutely nothing in it that addresses needs and our one-size-fits-all labor she had 13 separate child care situations. the causes for welfare dependency, policies need to be changed. And the situation is worse now than it was nothing that deals with the lack of But this week we learn that it would then. skills, inadequate education, or other be better to develop a one-size-fits-all Nearly one-half of the women on welfare in barriers that prevent the welfare par- nutrition program. 1991 were there not because of the presence ent from achieving economic self suffi- Let us review some of the programs of an illegitimate childÐthey were there be- ciency. that would be lumped into this block cause of the breakdown of a marriage and the In fact, title 1—dealing with illegit- grant: failure or inability of the father to pay child imacy, is even worse. The Women, Infants and Children Nu- support. After determining that the cause for trition Program came about because of Yet this bill contains nothing in the way of this problem is the breakup of the fam- a national policy to ensure that our child support enforcement. ily and the lack of moral values in so- children, who are our future, receive And child support enforcement could raise, ciety, some of which I can support, we the kind of nutrition that starts them we are told by HHS, $32 billion in 1 year. H 452 CONGRESSIONAL RECORD — HOUSE January 20, 1995 Oh, I know that the Republicans have an- for consumption, to borrow to go to the has a form of capital budget, every other bill that addresses this issueÐbut why grocery store, borrow to buy the toys, county, every State and local govern- not include it in the right contextÐwelfare re- borrow to go to a game, for instance, ment, of course, as well as every busi- form? borrow for leisure or recreation. So ness. Yes, I have read the Personal Responsibility what families do is they put together Mr. ABERCROMBIE. Would the gen- Act, and I find it wanting. their family budget with their basic ex- tleman further agree, for the enlight- I hope that the entire House, on both sides penses and then they put together as enment of those who may be listening of the aisle, will consider the plight of the wel- well in that budget the debt service to, in or observing our proceedings and fare mother, and the welfare father as well, against the debt service to cover the trying to very sincerely take into ac- not as a pest that is to be eradicated, but as cost that they have to borrow for long- count the implications of the balanced a symptom of our failure to provide the hand term capital expenditures. budget, that in their own local dis- up that will enable them to get that job and I wish the Federal budget did that. It tricts, in their own local areas, that raise their children in dignity and safety. does not. What the Federal budget does over the years, whether through reve- f instead is to not recognize that one nue-sharing programs or grant pro- dollar is not the same as another dol- b grams, demonstration programs. 1530 lar. The Federal budget does not make Mr. WISE. I think I agree, but our The SPEAKER pro tempore (Mr. a difference between the dollars spent time is up. LINDER). Under a previous order of the for infrastructure for a road or bridge Mr. ABERCROMBIE. Thank you very House, the gentleman from Pennsylva- and the dollars spent in immediate much. nia [Mr. CLINGER] is recognized for 5 consumption. And so what I have minutes. urged, and many others, last year, the f gentleman from Pennsylvania [Mr. [Mr. CLINGER addressed the House. ON MEXICO His remarks will appear hereafter in CLINGER] and I cosponsored a bill that the Extensions of Remarks.] would permit capital budgeting for The SPEAKER pro tempore. Under a f physical infrastructure for the Federal previous order of the House, the gen- Government. tleman from California [Mr. HORN] is INVESTMENT IN PUBLIC My hope is that in the discussion of recognized for 5 minutes. INFRASTRUCTURE the balanced budget amendment and in Mr. HORN. Mr. Speaker, good rela- The SPEAKER pro tempore. Under a the discussion of the various economic tions with Mexico are essential for this previous order of the House, the gen- moves, economic policies that this Nation. Mexico now faces a crisis, a fi- tleman from West Virginia [Mr. WISE] country will adopt, in the discussion of nancial crisis. We are being asked by is recognized for 5 minutes. budget policy, that we recognize this the administration to authorize a $40 Mr. WISE. Mr. Speaker, next week key role in investment. The fact of the billion loan guarantee in order to cover the House will most likely take up the matter is that this country has seen a the run which has occurred on the peso. balanced budget amendment to the decline in public infrastructure invest- Mr. Speaker, I would like to include Constitution. This is not an argument ment and correspondingly has seen a the column by Paul Gigot that ap- for or against the balanced budget decline or a flat line at least in produc- peared in last Friday’s Wall Street amendment. I have supported versions tivity increases. Journal: ‘‘On Mexico, U.S. Firemen of it in the past. It is an argument, A chart I saw yesterday was quite il- Play With Matches.’’ I think it out- though, an appeal that this House con- lustrative. Of the seven major indus- lines what has happened in the admin- sider the role of investment in many of trial nations in this world, the United istration’s thinking over the last sev- the economic decisions that it must States trailed in productivity gains eral weeks, and I think it is essential make in the upcoming months, invest- over the past decade and yet also to the facts of this case. ment particularly in our public infra- trailed in investment in our public in- [From the Wall Street Journal, Jan. 13, 1995] structure. Because many have said frastructure as a percentage of gross that they feel that there needs to be a domestic product. ON MEXICO, U.S. FIREMEN PLAY WITH balanced budget amendment to the In other words, the more a country MATCHES Constitution because the Federal Gov- has put into their public infrastruc- Maybe President Clinton is lucky that ernment ought to have to balance its ture, their roads, their bridges and so Washington is transfixed by Newt Gingrich. on, the more they gained in productiv- It means no one’s noticed how his adminis- budget like families do. That is a fair tration has botched the biggest foreign crisis analogy. Families do balance their ity increase, almost direct correlation. of his presidency. budgets. But we also know that fami- It makes sense, but it also is being That crisis is in Mexico, which only last lies borrow because there are certain borne out now by statistics. And so year he could tout as a foreign-policy suc- things that they know they need and that this is a necessary factor. cess. Nafta has been his singular triumph, at they consider capital investment. Some argue you do not need a capital home or abroad. Now the collapse of the peso We all, most of us at least, borrow to budget for the Federal Government be- has tarnished even that good news, with buy or build a home. Very few of us can cause physical construction, roads and wider fallout than anything that’s happened afford to lay out in one year what it bridges and so on, is such a small part in Somalia, Bosnia or even Boris Yeltsin’s tumultuous Russia. costs for this kind of investment. So of the budget. That is a self-fulfilling This week Mr. Clinton roused himself from we figure into our monthly budgets at prophecy. It is that because we have his Tony Robbins tapes to assert that he is home how much we have to take out in made it that way. And one reason is be- ‘‘committed to doing what we can to help debt service, in that mortgage pay- cause our accounting system does not Mexico.’’ This, plus a promise of more U.S. ment. That is reflected in our family reward investment. cash, helped to calm financial markets budget. Mr. Speaker, I yield to the gentleman through yesterday, though only after two We usually borrow for a car. Very few from Hawaii [Mr. ABERCROMBIE]. more days of market carnage in Latin Amer- of us, particularly with today’s prices, Mr. ABERCROMBIE. Mr. Speaker, ica. We can hope the worst is over, but the peso can afford a car, to pay for it cash on would the gentleman agree, for those of remains some 35% below where it was before the barrel head. us who have served in State legisla- its December devaluation. In human terms, We borrow for probably the most im- tures, who have served on county coun- this means that what used to be a dollar of portant investment that a family will cils, who have dealt with budgets at Mexican purchasing power now buys only 65 make, and that is the family’s chil- the local level and the State level, that cents; expect more Mexican sons and daugh- dren’s education. We know that that is members of county councils, boards of ters to arrive in San Diego soon. the ticket to success for families in supervisors, State legislators are used In political terms, Mexico’s crash has this country. And so American families to dealing with a capital budget and an begun an ebb tide in global confidence, threatening other currencies, raising doubts borrow for that. So there is borrowing operating budget. about stability in Mexico and inviting Nafta- that occurs for the mortgage, for the Mr. WISE. I thank the gentleman for bashers to stage a comeback. It has also cost car, for the college education. We know making the point. He is absolutely cor- American mutual-fund holders billions of that we get into trouble if we borrow rect. In my understanding, every State dollars. All in just three weeks. January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 453 While Mexico’s new Zedillo government loan guarantee for Mexico from Congress. criminal aliens in our prisons after made the awful call, the Clinton team can’t This certainly puts Republicans on the spot, they have been sentenced by the courts escape blame. At its best the U.S. should be since they won’t want to be blamed for fur- of California. $350 million for Califor- the world’s financial fire department dousing ther turmoil in Mexico but can expect at- crises before they get out of control. This is tacks from their populist right. nia! $1.2 billion nationally! especially true for Mexico, where turmoil If Republicans cooperate, their price in We need to grapple with that, and we ends up on our front porch. Let’s examine policy, and maybe personnel, deserves to be need to have this exchange of prisoners Clinton crisis management: steep. Hearings would be educational, espe- convicted in the United States. I would Fire Prevention. It’s now clear the peso ran cially a panel featuring the three amigos of hope my colleagues would agree, and as into trouble after the U.S. Federal Reserve devaluation. Any taxpayer money that goes I have said, I cannot support the pro- abruptly tightened money last year. With to Mexico might be deducted from the IMF’s posed loan agreement unless it takes the peso pegged to the dollar, Mexico’s next replenishment. Helping a neighbor in central bank should have followed suit. But need makes sense; subsidizing bad advice is into account the conditions of this in the middle of an election campaign, it crazy. country in this area which have been printed pesos instead of mopping them up. That issue will soon be coming before long overlooked. U.S. officials never turned on their Mexi- this House and the other body. There Mr. VOLKMER. Mr. Speaker, will the can smoke detector. That’s the job of Larry gentleman yield? Summers, the Treasury international aide are two conditions that are absolutely essential on that loan agreement, if Mr. HORN. I am glad to yield to the who is to humility what Madonna is to chas- gentleman from Missouri. tity. He has more to be humble about now. this Representative is to support it. Firefighting. The U.S. can’t seem to find To the average citizen, $40 billion is a Mr. VOLKMER. Mr. Speaker, I want the hydrant, much less the fire hose. At first, lot of money. And it is also to the aver- to commend the gentleman for his on Dec. 20, Treasury even blessed devalu- age Member of this and the other body. statement. I also would like to inquire ation; its press release said a cheaper peso It is essential that American interests of the gentleman, there have been pub- ‘‘will support the healthy development of the also be protected while we are trying lished reports, and I can’t remember Mexican economy.’’ whether it was last night or this morn- Two days later amid market chaos the to help our friend and neighbor to the south, the Government and people of ing on one of the television stations, Clinton Treasury was less thrilled, offering a the honorable gentleman from Iowa $6 billion credit line to Mexico while assert- Mexico. ing that its ‘‘economic fundamentals remain It is essential that Mexico begin to who is chairman of the Committee on sound.’’ Thus reassured, markets again help us at our border on their side of Banking and Financial Services used whacked the peso. This earned them a Dec. the border. Every night in the 20-mile words, and I’m not going to try and 27 lecture from Mr. Summers about ‘‘exces- sector of San Diego, CA, 2,000 illegal quote his exact words, but words to the sive depreciation,’’ which didn’t work either. aliens come over the border. Most of effect that if the Democratic Members So on Jan. 3 Treasury increased its credit them are from Mexico. Some are com- did not desist from speaking out on the line to $9 billion, only to see markets raise ing over both the Canadian and the Speaker’s book deal, that he would be the bar again until Mr. Clinton promised loathe to bring the bill to the floor, the even more money this week. To be fair, Mexican border and arriving and smug- Treasury was vacant at the top, awaiting gled in on the east and west coasts, bailout bill for Mexico to the floor. Is new Secretary Robert Rubin. But that they come from 49 other source coun- that correct? doesn’t explain State, where Warren Chris- tries, in Asia, in Africa, South Amer- Mr. HORN. I have never heard of that topher is rumored to still be in charge. ica, Central America, and North Amer- until just now. The same tail-chasing has taken place at ica, and Eastern Europe, among others. the International Monetary Fund, which is f supposed to be the lead fireman. On Dec. 22 b 1540 it too endorsed devaluation—which it called, Therefore, the Mexican Government THE PLANNED MEXICAN BAILOUT in IMF-speak, a mere ‘‘exchange rate ac- needs to help us at our border, and they INVOLVES BACK ROOM DEALS tion.’’ AND BUSINESS AS USUAL But after markets pummeled the peso, IMF should tighten up their border going boss Michael Camdessus took his turn as north as much as they tighten up their The SPEAKER pro tempore (Mr. King Canute lecturing the financial tides. border with Guatemala for people LINDER). Under a previous order of the ‘‘The depreciation of the peso is bigger than going north. House, the gentleman from Oregon [Mr. justified by economic conditions,’’ he said on Second, Mr. Speaker, the Mexican DEFAZIO] is recognized for 5 minutes. Jan. 3, only to see the peso take another Government should agree to what I Mr. DEFAZIO. Mr. Speaker, many pasting. have described last year, and this year seem to think that the $40 billion bail- Playing With Matches. While incompetence as an agreement on the Criminal Alien out of Mexico has gone from the busi- explains a lot, economic policy may explain more. Clinton firemen didn’t anticipate the Transfer and Border Management En- ness page to the obituary page. If only financial firestorm because they’ve got noth- forcement Act of 1995, where we would that were true. We need very much to ing against devaluation. help train the Customs officers, the be on our guard and watch out. Like Mr. Summers, both IMF first deputy Border Patrol officers, the Border man- As I speak here on the floor, all managing director Stanley Fischer and the agement officers from their country across this Capitol and around Wash- Fed’s Ted Truman favor devaluations to cor- with those in our country, if they agree ington backroom deals are being cut to rect current account deficits. While history that the criminal aliens—illegal crimi- put American taxpayers on the line to shows this almost never works, these three nal aliens who are convicted in the bail out investment houses on Wall amigos were undeterred. Before Mr. Clinton installed Mr. Fischer at State and Federal courts of the United Street, banks, and other speculators the IMF, he was a professor at MIT calling States—would be able to serve out that were very lucratively involved in for a peso devaluation. ‘‘I don’t have second their sentences in the country from the Mexican market. They were get- thoughts.’’ Mr. Fischer told me this week. So which they illegally came. ting 20 percent and more interest. why the continuing peso rout? ‘‘It’s a puz- Mexico provides about 50 percent of Don’t you think maybe if someone is zle,’’ he replies, citing ‘‘the fact that mar- the illegal immigrants to this country. paying you 20 percent interest or 25 or kets did believe there would not be a devalu- However, other countries in Latin 30 percent interest, there is a little bit ation’’ before it took place. Thus it may take America are also substantial in the of risk that flows with that invest- a little longer to restore investor confidence in Mexico, he says. numbers that are sent to the United ment? Wall Street doesn’t think so, nor He’s certainly onto something there. As States. It is essential that we have do other speculators. They think the hard-money economists understand, a cur- that provision, because right now the American taxpayers should bail them rency is a contract between the government incarceration of the illegals is costing out. and its people. When government betrays American citizens, taxpaying Amer- Of course, they are not going to give that contract, trust goes to zero. Especially ican citizens, billions of dollars. us any of the 20 or 25 percent interest if a government then compounds the problem These are underestimates, but the that they collected, thank you very by printing more money or imposing wage Federal Bureau of Prisons estimates much. They want it all. and price controls. Yet this is the Mexican policy the U.S. Treasury and IMF now en- that $1.2 billion a year is being spent to Whose money is at risk? Whose dorses as a way out of the mess. house illegal aliens. The State of Cali- money is at risk? A very, very senior To cover up for these markets, the Clinton fornia estimates that $350 million a administration official yesterday, in a team is now seeking a multi-billion dollar year is being spent to house illegal closed door meeting of the Democratic H 454 CONGRESSIONAL RECORD — HOUSE January 20, 1995 Caucus, laughably tried to tell us that Congress is going to refuse to hold a ing power to States and families and it was middle-income people’s money single hearing on this, and will try and individuals to once again take control at risk. Their pension funds are in- jam this thing through in the dark of of their lives and take control of their vested in Mexico, he said. the night some night next week or the families and take control of their busi- Pension funds? Any pension adminis- week after. ness and take control of their commu- trator who is investing in junk bonds f nities, without interference from Wash- in Mexico—and that is what these ington. things are, junk bonds that pay 20 to 40 THE SECOND REVOLUTION RE- percent interest, from a country that TURNS AMERICA TO ITS BASIC b 1550 VALUES defaulted on all of its loans just 12 We are not trying to jam anything The SPEAKER pro tempore. Under a years ago, no one thinks they are a through that every single State and previous order of the House, the gen- good risk. Any pension administrator family and individual has not begged tleman from Florida [Mr. who has any substantial amount of for for years, and, that is, to once and SCARBOROUGH] is recognized for 5 min- money down there, there is a cause of for all take the chains off of them and utes. action against him by the holders of get the Federal Government out of the Mr. SCARBOROUGH. Mr. Speaker, I that pension fund. I don’t believe that way. is true. am excited to be a part of what I be- But when we talk about unfunded If it is true, let’s disclose it. We have lieve is the second American Revolu- mandates, and the fantastic bill that sent a letter to the Secretary of the tion, because this year I truly believe has been put forward that is going to Treasury asking ‘‘Whose money is at that the American hour is upon us. It be voted on next week, and when we risk here? Who are we bailing out?’’ is time for this country and this Con- talk about balancing the budget and fi- There has been no response. gress to decide once and for all which nally making the Federal Government I don’t know that we will ever know direction we are going to turn. do what middle-class families have had who we are bailing out, because appar- Are we going to continue down the to do forever, we are told that we are ently no hearings will ever be held on same failed path of LBJ and FDR, going to somehow going to make my this bailout legislation. The largest where we turn to bigger and bigger 91-year-old grandmother go without, or bailout since the savings and loan cri- government to answer every question? sis, and no hearings are to be allowed. Or are we instead going to turn back to somehow we are going to harm my 7- Mr. Speaker, I have heard my Repub- those simple, basic values that our year-old boy and his education. lican colleagues around here chortling Founding Fathers laid at the founda- We do not need a Department of Edu- a little bit because Bill Clinton is so tion of this great country, values like cation bureaucracy in Washington, DC closely identified with this issue. At family and faith and hard work and to teach my child how to read and least, although I disagree with him, personal responsibility? write and get along in this world. And President Clinton has the guts to go Thomas Jefferson wrote that the gov- yet we continue turning back to Wash- out and say he thinks this needs to be ernment that governs least governs ington for bigger and bigger govern- done. best. James Madison said: ment. That is why I am excited to be However, remember, the Republicans ‘‘We have staked the entire future of the part of a reform movement, excited to have an absolute stranglehold on both American civilization not upon the power of have signed the Contract With Amer- government, but upon the capacity of each of ica, excited to be on board with the un- the House and Senate. Any bill that us to govern ourselves, control ourselves, moves through here has to have their funded mandate bill that should pass, and sustain ourselves according to the Ten and excited to be supporting the bal- permission, has to have their votes. It Commandments of God.’’ anced budget amendment with a three- is not a Democratic Congress or a But Washington has ignored these Democratic Senate, so they do not fifths tax limitation. values for too long. Because of it, we Let me tell you something. You are want to hold hearings. find ourselves $4 trillion in debt in a No, they do not want to hold hear- going to be hearing a lot of talk about country were we have, as the Speaker this next week. You can call it what ings. They do not want to be identified has pointed out, 12-year-olds that are you want, but in the end, that three- with it. They do not want people to having babies and 15-year-olds that are fifths requirement is the taxpayers’ really know what is going on. They do shooting each other and 18-year-olds protection plan, and that is why I am not want possibly to upset some of that are graduating from high schools excited about supporting it. That is those people on Wall Street who so with diplomas they cannot even read. handsomely provided for their elec- So what is the answer? The answer, why I am excited about supporting this tions. Mr. Speaker, lies in many of the pro- unfunded mandate bill. That is why I It is business as usual here in Wash- posals that the Republican Party has have not wasted time listening to these ington, DC, folks, despite all the hoop- set forth in the Contract With Amer- charges about GOPAC or hearing these la about the contract, despite all the ica, but beyond that, we have to go claims about Nazi historians, or hear- hoopla about the new majority, busi- back to the original Contract With ing this talk about the book deal. ness as usual, back room deals, $40 bil- America, the Constitution of the Unit- Let me tell you something. It is a sad lion, U.S. taxpayers on the line, and no ed States, and read the amendments, day when the party of F.D.R. and hearings. That is even worse than the read the 10th amendment in particular, Harry Truman can bring forth no other worst abuse I can think of of my own which states that all powers not spe- proposals other than attacking Mem- party in the last Congress. cifically given to the Federal Govern- bers personally. Now we have even drug in the book ment are reserved to the States and to Mr. Speaker, I ask that we all get to- deal. Today or yesterday the chairman the individuals. gether as a country and support the un- of the House Committee on Banking If we start doing that, then we can funded mandate bill and support the and Financial Services, the gentleman return back to what our Founding Fa- taxpayer protection plan. from Iowa [Mr. LEACH], sent a note to thers intended this country to be, and f White House Chief of Staff Leon Pa- that is a nation of communities, a na- netta tying Republican support of the tion of communities where families ELECTION OF REPUBLICAN MEM- Mexican $40 billion bailout to the need and individuals decide what is best for BERS TO COMMITTEE ON STAND- to get guarantees, guarantees, of them, instead of turning to Washington ARDS OF OFFICIAL CONDUCT kinder treatment by Democrats of for every single answer, and instead of House Speaker NEWT GINGRICH of Geor- having Washington dictate what doctor Mr. HASTERT. Mr. Speaker, by di- gia, so there you have it, folks. If you they are going to choose and how they rection of the Republican Conference, I think this isn’t business as usual, in are going to teach their children and offer a privileged resolution (H. Res. 41) fact it is even worse than business as how they are going to protect their and ask for its immediate consider- usual, a $40 billion bailout, for whom, family. ation. putting the American taxpayers on the That is what this unfunded mandate The Clerk read the resolution, as fol- line, and the Republican-controlled debate is all about. It is about restor- lows: January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 455 H. RES. 41 fied how extensively he supports law COMMENTARY ON HOUSE Resolved, That the following named Mem- enforcement, support of police but he PROCEEDINGS OF THIS WEEK bers, be, and they are hereby, elected to the realizes how important it is to address The SPEAKER pro tempore. Under Committee on Standards of Official Conduct the social needs of those who per- of the House of Representatives: the Speaker’s announced policy of Jan- Mrs. Johnson of Connecticut, Chairman; petrate crime. And at the same time uary 4, 1995, the gentleman from Mis- Mr. Bunning; Mr. Goss; Mr. Hobson; and Mr. the chief of police from the city of souri [Mr. VOLKMER] is recognized for Schiff. Houston, Chief Nuchia, indicated that 60 minutes as the designee of the mi- The resolution was agreed to. he is a strong advocate of law and nority leader. A motion to reconsider was laid on order, like all of us, like I am, and he Mr. VOLKMER. Mr. Speaker, on the table. believed that we must protect our- Wednesday of this week, the gentle- f selves like I had to do as a council woman from Florida attempted to give member working with local law en- a 1-minute speech in regard to the book ELECTION OF DEMOCRATIC MEM- forcement, as a former judge. But he deal of the Speaker of the House. Dur- BERS TO COMMITTEE ON STAND- was convinced that we could not arrest ing that speech, the gentlewoman was ARDS OF OFFICIAL CONDUCT ourselves out of this situation. It was interrupted by the gentleman from Mr. VOLKMER. Mr. Speaker, by di- his belief that adequately funded com- Pennsylvania who asked that her rection of the Democratic Caucus, I munity-based programs are an impor- words be taken down, the last two offer a privileged resolution (H. Res. 42) tant component of the American goal paragraphs of that 1-minute speech. and ask for its immediate consider- of achieving a healthier, safer society. Following that taking down, the ation. What is wrong with prevention? What Chair at the time, the gentleman in the The Clerk read the resolution, as fol- is wrong with supporting boys clubs chair from Florida, ruled that the lows: and girls clubs? What is wrong with ac- words were out of order and that they should be stricken. H. RES. 42 knowledging the importance of in- Following that discourse, the follow- Resolved, That the following named Mem- school and after-school programs, ac- ing day in regard to that ruling, the bers, be, and they are hereby elected to the knowledging that there are latch-key Committee on Standards of Official Conduct Chair in its ruling on Thursday morn- children who are subject to abuse and of the House of Representatives: ing, the gentleman from California who Mr. McDermott; Mr. Cardin; Ms. Pelosi; or subject to inspiration by others that was in the chair at the time, acting as Mr. Borski; and Mr. Sawyer. would not follow the way of law-abid- Speaker pro tem, said: ing citizens? The resolution was agreed to. The Chair must reiterate that the prin- A motion to reconsider was laid on One of our witnesses indicated that ciples of decorum in debate relied on by the the table. most people living in our communities Chair yesterday with respect to words taken f are law-abiding and work every day to down are not new to the 104th Congress. The SPEAKER pro tempore (Mr. help assist the community to stay on a Then it goes on, during that, which LINDER). Under a previous order of the straight-and-narrow track. But yet, we can all find in the CONGRESSIONAL House, the gentleman from American now we have a bill that wants to take RECORD, where the Chair says: Samoa [Mr. FALEOMAVAEGA) is recog- away the prevention dollars, when a bi- On occasion, however, the Chair has an- nized for 5 minutes. partisan Congress put together a pack- nounced general standards of proper ref- [Mr. FALEOMAVAEGA addressed the age that talks about cops on the erence to Members, as was the case on June House. His remarks will appear here- streets. No more in this new bill. It 15, 1988. talked about prisons, it talked about after in the Extensions of Remarks.] b 1600 f prevention. No more in this new crime bill. There, in response to a series of 1- LET US STRESS CRIME It is interesting that we would all minute speeches and special order de- PREVENTION support prenatal care, immunization, bates focusing on the conduct of the The SPEAKER pro tempore. Under a which has helped our children and Speaker as the subject of an ethical previous order of the House, the gentle- helped this Nation be a healthier na- complaint and on the motives of the woman from Texas [Ms. JACKSON-LEE] tion. We even joined Nancy Reagan and Member who filed the complaint, the is recognized for 5 minutes. said, ‘‘Just say no to drugs’’ and there Chair states as follows: Ms. JACKSON-LEE. Mr. Speaker, the are so many youngsters who can talk Thus, the Chair would caution all Members one thing that the Thirteen Colonies about that, but live it every day be- not to use the 1-minute period or special or- ders, as has already happened, to discuss the knew was that we were all in this to- cause the message was pounded in. And gether. One of the things that my con- conduct of Members of the House in a way how many of us grew up with Smoky that inevitably engages in personalities. stituents in the 18th Congressional Dis- Bear? ‘‘Only you can prevent forest trict of Texas have asked is that I But the Chair did not rule in that fires,’’ so we know what not to do in ruling on that date that such language would come to this office and delib- our Nation’s precious forests. erate, cooperate, and consider the con- was not in order but cautioned the But yet do we treat crime dif- Members. cerns of the Nation, but most of all ferently? We do not want to prevent? represent them. Then the Chair continuing on Thurs- We throw the baby out with the day, the gentleman from California, I hope that we will have an oppor- bathwater. tunity to deliberate and consider as we stated that: I simply ask the Nation to deliberate look toward H.R. 3, the take-back- Third, longstanding precedents of the and consider that we are all in this to- your-streets bill that offers to the House provide that the stricture against per- gether, that we are all crimefighters. American people the suggestion of sonalities has been enforced collaterally But if we are going to go into the 21st with respect to criticism of the Speaker even going forward, but actually it takes us when intervening debate has occurred. This back. century, we must focus on the preven- tion to be able to make this commu- separate treatment is recorded in volume II The 1994 bipartisan crime bill spoke of Hinds’ Precedents, at section 1248. to all of the people of America. It pro- nity, for police officers and sheriffs and constables and citizens and children I have reviewed that, Mr. Speaker. At vided dollars for law enforcement, a later time I will ask that that be part some $13 billion, it answered the ques- and the elderly and all the towns and hamlets and counties and States and of the CONGRESSIONAL RECORD follow- tions for overcrowded prisons by pro- ing my comments. yes, our cities, to make them a safer viding for $9.8 billion and, yes, for the Then the acting Speaker pro tempore place, we must have prevention. We first time historically we committed to continued on Thursday: prevention. We recognized that we are must continue to go forward. Let us go forward and enhance what Finally, a complaint against the conduct in this together—hamlets and towns of the Speaker is presented directly for the and cities and counties and States. we are doing. Reaffirm the omnibus action of the House and not by way of debate Rennie Click, the chief of police of crime bill of 1994. Let us have preven- on other matters. As Speaker Thomas B. Dallas, TX, recognized it when he testi- tion. Reed of Maine explained in 1897, criticism of H 456 CONGRESSIONAL RECORD — HOUSE January 20, 1995 past conduct of the presiding officer is out of was called to order; and the House voted that rected the gentleman from Kansas to take order not because he is above criticism but, he be allowed to proceed in order. his seat. instead, because of the tendency of piece- Again Mr. Simpson was proceeding, dis- Mr. James D. Richardson, of Tennessee, meal criticism to impair the good order of cussing the alleged arbitrary way in which moved that the gentleman from Kansas be the House. Members were deprived of their rights in the allowed to proceed in order, and the House Speaker Reed’s rationale is recorded in House and reflecting upon the Speaker, when agreed to the motion. volume 5 of Hinds’ Precedents section 5188 Mr. Dingley again called him to order. Mr. Simpson was proceeding, when again, from which the Chair now quotes as follows: The Speaker, in ruling, said: on a point of order made by Mr. Dingley, he and the Chair made a quotation. ‘‘The Chair desires to say to the House in was called to order; and again the House But the problem, Mr. Speaker, is that regard to this matter that when an appeal is voted that he be allowed to proceed in order. the Chair would lead us to believe that made to him on a question or order, it be- Again Mr. Simpson was proceeding, dis- comes his duty to make a ruling upon the the following quote, which I will read cussing the alleged arbitrary way in which question as he understands it. So far as the Members were deprived of their rights in the that he quoted from Thursday morn- Chair is concerned, he has only requested the House and reflecting upon the Speaker, when ing, applied to actions by the Speaker gentleman from Kansas to confine himself to Mr. Dingley again called him to order. similar to actions of our present the subject that is under discussion. The The Speaker, in ruling, said: The Chair de- Speaker, that was that Speaker Reed’s Chair submits to the House that allusions or sires to say to the House in regard to this actions were similar to those of Speak- criticisms of what the Chair did at some past matter that when an appeal is made to him er GINGRICH’s. time is certainly not in order.’’ on a question of order, it becomes his duty to It said: Then it goes on and Members can make a ruling upon the question as he under- The Chair submits to the House that allu- continue the quotes given to this stands it. So far as the Chair is concerned, he sions or criticisms of what the Chair did at House by the Speaker on Thursday. has only requested the gentleman from Kan- some past time is certainly not in order not That is a lot different. That is when sas to confine himself to the subject that is because the Chair is above criticism or above under discussion. The Chair submits to the the Speaker was in the chair, operating House that allusions or criticisms of what attack but for two reasons; first, because the the House as the Speaker. His actions Speaker is the Speaker of the House, and the Chair did at some past time is certainly such attacks are not conducive to the good were actions as Speaker that were not in order. Not because the Chair is above order of the House; and, second, because the questioned by a Member. It had noth- criticism or above attack, but for two rea- Speaker cannot reply to them except in a ing to do with actions of Speaker Reed. sons: First, because the Speaker is the very fragmentary fashion, and it is not desir- Speaker Reed never did anything Speaker of the House, and such attacks are able that he should reply to them. For these wrong. Speaker Reed never wrote a not conducive to the good order of the reasons, such attacks ought not be made. book and got a million dollars for it. House; and, second, because the Speaker can not reply to them except in a very frag- Then the Chair on Thursday said: Speaker Reed never took any money mentary fashion, and it is not desirable that Based on these precedents, the Chair was and put it in his back pocket for his ac- he should reply to them. For these reasons justified in concluding that the words chal- tions as Speaker. Speaker Reed never such attacks ought not to be made. lenged on yesterday were in their full con- desired to be a millionaire. Speaker If there be any complaint of the conduct of text out of order as engaging in personal- Reed was only being criticized for his the Speaker it ought to be presented directly ities. actions as Speaker, and what he was for the action of the House, but this contin- Mr. Speaker, Members of the House, doing in his job as Speaker. ual making of attacks with no proper oppor- general public, press, anybody else who The gentlewoman from Florida in her tunity for reply every Member must see, cares to listen, I have a copy of Hinds’ whatever may be his relation to the pending 1-minute speech on the floor of this question, is not suitable and ought not to be Precedents right before me, and the in- House was only discussing what our indulged in. If there be any objections to the cident that occurred on May 13, 1897, present Speaker had done prior to his acts of the Speaker they are not above criti- did not have anything to do with con- being Speaker in accepting a book cism. duct of Speaker REED outside the deal, and now alleging that as a result 1248. A Member having used words insult- Chambers of this body. It only had to of that book deal was going to get mil- ing to the Speaker, the House, on a subse- do with conduct of Speaker Reed’s act- lions of dollars, and he very well may quent day and after other business had inter- ing as Speaker. They are two different get those millions of dollars. vened, censured the offender. things. The comments that were made An insult to the Speaker has been held to Before I forget, at this time I will in- raise a question of privilege not governed by by the gentlewoman from Florida on clude in the CONGRESSIONAL RECORD the ordinary rule about taking down dis- Wednesday in regard to Speaker GING- the Hinds’ Precedents that I have al- orderly words as soon as uttered. RICH were because of his conduct out- luded to and that were alluded to by When the House was considering a resolu- side of this Chamber, actually preceded the Speaker pro tempore on Thursday. tion censuring a member for an alleged in- his becoming Speaker, before he was The documents referred to are as fol- sult to the Speaker, the Speaker called an- ever Speaker, when he was still just a lows: other Member to the chair. 3 member of the delegation of the dele- 5188. When a Member is called to order for On July 9, 1832, during debate on a ques- gation from Florida in a previous Con- violation of the rules of debate, it is the tion of order, Mr. William Stanbery, of Ohio, practice to test the opinion of the House by in criticising a ruling of the Chair, said: I gress. defy any gentleman to point me to a single I would like to read, and then I will a motion ‘‘that the gentleman be allowed to proceed in order.’’ decision to the contrary, until you presided ask that it be put in the CONGRES- Complaint of the conduct of the Speaker over this body. And let me say that I have SIONAL RECORD, the full context of the should be presented directly for the action of heard the remark frequently made, that the Hinds’ precedent. the House and not by way of debates on eyes of the Speaker are too frequently On May 13, 1897, the question before the other matters. turned from the chair you occupy toward the House was the approval of the Journal, and The Speaker remained in the chair and White House. Mr. Jerry Simpson, of Kansas, having the ruled as to the relevance of language criti- Mr. Stanbery being called to order by Mr. floor, was proceeding to comment upon the cizing his conduct as Speaker. Franklin E. Plummer, of Mississippi, sat fact that the Speaker had not appointed the On May 13, 1897,1 the question before the down; and the debate proceeded. committees, and to discuss the general ob- House was the approval of the Journal, and The pending question being disposed of, servance of the rules of the House. Mr. Jerry Simpson, of Kansas, having the Mr. Thomas F. Foster, of Georgia, moved Mr. Nelson Dingley, of Maine, having floor, was proceeding to comment upon the that the rules be suspended in order to en- 4 raised the point of order that the debate was fact that the Speaker had not appointed the able the House to consider the following not proceeding in order, the Speaker sus- committees, and to discuss the general ob- resolution: Resolved, That the insinuations tained it, saying that the question before the servance of the rules of the House. made in debate this morning by the honor- House was the approval of the Journal, not Mr. Nelson Dingley, of Maine, having able William Stanbery, a Member of this obedience to the rules; and under the rule di- raised the point of order that the debate was House from Ohio, charging the Speaker of rected the gentleman from Kansas to take not proceeding in order, the Speaker 2 sus- his seat. tained it, saying that the question before the 3 First session Twenty-second Congress, Journal, p. Mr. James D. Richardson, of Tennessee, House was the approval of the Journal, not 11113; Debates, pp. 3876, 3877, 3887. moved that the gentleman from Kansas be obedience to the rules; and under the rule di- 4 The pressure of business had at this date become allowed to proceed in order, and the House such as not to permit the regular order to be inter- agreed to the motion. rupted except by unanimous consent or by a vote to 1 First session Fifty-fifth Congress, Record, pp. suspend the rules; but the system had not been insti- Mr. Simpson was proceeding, when again, 1067, 1068. tuted yet of admitting such resolutions as matters 2 on a point of order made by Mr. Dingley, he Thomas B. Reed, of Maine, Speaker. of privilege—or at least not in cases of this kind. January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 457 the House with shaping his course, as presid- Several Members asked to be excused from question of ethics as it applies to him ing officer of the House, with the view to the voting, on the ground that they had not or any other Member. obtainment of office from the President of heard the words spoken by Mr. Stanbery, but My perusal of all of the precedents of the House declined to excuse them. Mr. the United States, was an indignity to the the House, not only Hinds’ but Can- Speaker and the House, and merits the de- Adams, however, refused to vote. cided censure of this House. 1249. A Member in debate having declared nons’, Deschler’s, Deschler-Brown, Jef- The vote being taken there were yeas 95, the words of another Member ‘‘a base lie,’’ ferson, all the way back, there has nays 62; so the House refused to suspend the the Speaker declared the words out of order never been an instance when a person rules. and the House inflicted censure on the of- such as the gentlewoman from Flor- On July 10,5 when the States were called fender. ida’s words were taken down and ruled for the presentation of resolutions,6 Mr. The Speaker having, by order of the House, out of order for discussing activities of censured a Member, the words of censure James Bates, of Maine, presented the resolu- any Member, not just the Speaker, any tion again, with the slight modification of were spread on the Journal. ‘‘words spoken’’ instead of ‘‘insinuations On January 26, 1867,1 during debate on the Member in the past, in over the 200- made.’’ bill (H.R. 543) for restoring to the States year history of this House. And what Mr. Charles F. Mercer, of Virginia, made lately in insurrection their full political that tells me and other Members is the point of order against the resolution that rights, Mr. John W. Hunter, of New York, that we now have a rule, new ruling the words of the gentleman from Ohio, were was called to order by Mr. Ralph Hill, of In- and a new way of deciding what you not taken down at the time they were spo- diana, for the use of the following words: ‘‘I say that, so far as I am concerned, it is a can say in this body and what you can ken, nor at the close of the speech of the say about other Members. And what it Member; because other business had oc- base lie,’’ referring to a statement by Mr. curred since the imputed insinuations were James M. Ashley, of Ohio. tells me is that another Member can do made; and because a day has elapsed since The Speaker 2 decided the words out of a completely illegal activity that is the words were used, without any action or order. freely reported in the press, outside of proceeding of the House in relation thereto. Thereupon Mr. Hill submitted the follow- these Chambers, and you cannot com- Jefferson’s Manual was quoted in support of ing resolution: ment on it here. this contention.7 Resolved, That the gentleman from New York, Hon. Mr. Hunter, in declaring during The Speaker pro tempore 8 decided that the b 1610 resolution was in order. This was a question debate in the House, in reference to the as- concerning the privileges of the House; sertions of the gentleman from Ohio, Hon. You cannot talk about it. We cannot therefore the rules of ordinary debate did not Mr. Ashley, ‘‘I say that, so far as I am con- discuss it. I do not see why not. apply. cerned, it is a base lie,’’ has transgressed the This is to me, in my many years Mr. Mercer appealed; but pending the dis- rules of this body, and that he be censured for the same by the Speaker. here, is something that I believe that cussion the hour expired, and although Mr. we should preserve and protect and George McDuffie, of South Carolina, insisted The resolution having been agreed to—yeas 77, nays 33—Mr. Hunter appeared at the bar maintain as a body in which all Mem- that the pending question had precedence, of the House and the Speaker administered because it related to the dignity and privi- bers are above reproach. the censure. This censure by the Speaker ap- leges of the House, the House voted to pro- We serve the public. We are not here pears in full in the Journal. ceed to the orders of the day. On the next to serve ourselves. We are not here to 1250. A Member having explained that by day, however, when the question arose again, become millionaires as a result of our disorderly words which had been taken down the Speaker pro tempore corrected his deci- he had intended no disrespect to the House, actions in this body. sion of the day before, and decided that a a resolution of censure was withdrawn.—On We get a salary, and that should be question of order involving the privileges of June 1, 1860,3 on the request of Mr. John enough for anybody. And I think it is the House took precedence of all other busi- Sherman, of Ohio, the following words spo- wrong for any Member who uses his of- nesses. ken in debate were taken down: On July 11 9 debate on the appeal of Mr. fice, any Member who uses this office, By MR. CHARLES R. TRAIN, of Massachu- Mercer was resumed. Mr. John Quincy this, to me, most sacred office, office of setts: ‘‘I am not in the habit of troubling the the public, to make himself wealthy. Adams, of Massachusetts, said that this House much, and I never insist upon speak- seemed to be a case of punishment for dis- ing when I am clearly out of order. I should But we are seeing that happen, and orderly words spoken in debate. But in such consider myself guilty of gross impropriety, yet we are told we cannot comment on a proceeding the words should be taken not only as a Member of the House, but as a it. down, which had not been done in this case, gentleman, if I insisted upon addressing the I say to you, Mr. Speaker, I believe although the Manual specifically provided Chair, and interpolating my remarks when I that if a Member feels that the criti- such a course of procedure. That course was had no right to the floor.’’ cism that comes from other Members founded in reason and justice, and was, as ex- By MR. GEORGE S. HOUSTON, of Alabama: ‘‘I pressly declared, ‘‘for the common security of this body as a result of that Mem- wish to know if the gentleman from Massa- ber’s activities, whether on this floor, of all.’’ chusetts applied that remark to me?’’ The decision of the Chair, on Mr. Mercer’s By MR. TRAIN: ‘‘I mean exactly what I did in the committees or outside of this, appeal, was finally sustained, yeas 82, nays say, and I stand by what I said.’’ whether back in his home State or any- 48. By Mr. HOUSTON: ‘‘I mean to say that if he place else, he has the opportunity to The question recurring on agreeing to the applied that remark to me, he is a disgraced come down to this body and say any- resolution of censure, Mr. Stanbery justified liar and scoundrel.’’ 4 thing he wants to say. If it calls for in- what he said as parliamentary by quoting Mr. Sherman submitted this resolution: Lord Chatham’s words, which had passed formation, he can provide that infor- Resolved, That the gentleman from Alabama, mation. He should feel free to do so. without a call to order in open Parliament, Mr. Houston, be censured for disorderly ‘‘the eyes of the Speaker of that House were words spoken in debate. If it means that there is a contract, too often turned toward St. James’s.’’ During the discussion of the resolution the let the contract, hold it out, let every- Mr. Samuel F. Vinton, of Ohio, raised a point of order was made that the gentleman body see it. We owe that much to the question as to whether or not interrogatories from Ohio did not call the gentleman from public. should not be propounded by the Chair to the Alabama to order before asking that the I will now yield to the gentleman Member about to be censured, to ascertain words be taken down. from New York. whether he admitted or denied the fact The Speaker 5 overruled the point of order. charged in the resolution; but the Speaker Mr. SOLOMON. Well, I thank the So I want everybody in the House to gentleman, and I am going to try to declined to do so. know that the precedent that was cited 10 stay nice and calm. The question being taken, the resolution was only for actions of the Speaker of censure was agreed to, yeas 98, nays 44. Mr. VOLKMER. I have been nice and while in the House, and, therefore, was calm. not for actions of the Speaker outside 5 Mr. SOLOMON. Like the gentleman Journal, p. 1118; Debates, pp. 3888–3891. the House, and what he had done on a 6 In the order of business at that time an hour was has. devoted to the presentation of resolutions, etc., be- But, you know, sometimes when I fore passing to the Speaker’s table and the orders of 1 Second session Thirty-ninth Congress, Journal, the day. pp. 271–273; Globe, pp. 785–787. hear, you know, this continuation of 7 See Chapter XVII of Jefferson’s Manual. 2 Schuyler Colfax, of Indiana, Speaker. this issue, it really does get me upset, 8 Clement C. Clay, of Alabama, Speaker pro tem- 3 First session Thirty-sixth Congress, Journal, pp. because, you know, this Congress over pore. Mr. Speaker Stevenson had left the chair from 972–981; Globe, pp. 2546, 2548, and 2554. the years has done everything in its motives of delicacy. Debates, p. 3898. 4 Those words appear in full in the Journal as 9 Journal, pp. 1134, 1135; Debates, pp. 3899–3903. taken down. power to drive businessmen out of this 10 Journal, p. 1141; Debates, p. 3907. 5 William Pennington, of New Jersey, Speaker. Congress, businessmen like me. H 458 CONGRESSIONAL RECORD — HOUSE January 20, 1995 And, you know, I really do resent it. spent all day on two or three amend- Mr. VOLKMER. That was done today, I can recall, you know, when I came ments. done today, done today. here 16 years ago, and I owned an insur- Now, how are we ever going to ac- Mr. SOLOMON. That is an issue for ance firm, a stock brokerage firm and complish the successful passage of that the ethics committee to look into it, a real estate firm, and because all of bill if we continue to see these kinds of not for us to waste our time on the those firms gained their revenue from nit-picking delays take place? floor of this body. We have more impor- commissions, I was forced to sell my So I again have deep respect for the tant issues to take care of. businesses, and I had to sell them to gentleman from Missouri, but it is Does the gentleman agree? junior partners at a reduced sum, about time we got down to business Mr. VOLKMER. Now that we have about half what they were worth, just and stopped this foolishness and get on the ethics committee and a formal to come here so I could serve the peo- with the people’s work. complaint can be filed, I hope it will be ple. I really do thank the gentleman for done. But you know, it was regulations yielding. I just had to get that off my And wait a minute though, we have like that that keeps people from com- chest. got another little problem, because ing into this Congress, people who have Mr. VOLKMER. I might answer as far those of us who see how the ethics been successful in life and who can deal as, and I did not want to discuss the committee is structured with the same with the Mexican peso issue and know unfunded mandate bill. I had not amount of numbers that—and who ap- what it is all about. planned to do that today. But my com- pointed the ethics committee on your But getting back to the other point, ment to that is that if the bill had been side? The speaker. you know, you seem to be picking on worked, what I call worked properly, Now, are those people going to find our Speaker, and I really resent that, and time had been spent on it in com- against the Speaker? because when I look at the people that mittee that should have been, we would Maybe we ought to have an outside are picking on him, it is the same peo- not have all of these amendments. counsel, independent outside counsel. ple that said it was all right to take Now, that is my answer as to why Mr. SOLOMON. The Speaker did not book royalties 4 or 5 years ago when you got all of the amendments. It is in appoint those people. the now-Vice President of the country, a rush to get here, and it got here, and Mr. VOLKMER. Pardon? and a former Senator, receives royal- now you have got all of these amend- Mr. SOLOMON. The Speaker did not ties. We have Republican Senators, as ments. What else did you expect? appoint anybody. well. That happened to be a Democrat You have got people that did not get Mr. VOLKMER. Yes, but it was done over in the Senate. We are not sup- to offer those amendments in the com- today. It was done today. posed to talk about the other body. He mittee. That is that. Mr. SOLOMON. But it is the same old receives royalties. I think he is from I do not have all day, I will tell you, Members. He has not added anybody to Maine. We have my own Senator from the gentleman from New York, that I it. the State of New York, PATRICK MOY- want to finish up. I have got another Mr. VOLKMER. Either way, I just NIHAN, a real decent guy. He receives matter to talk to; if you want to stay, say that if we get an independent coun- royalties. if I have time, I will yield some more. sel, I will be feeling a heck of a lot bet- And the minority whip, the gen- The gentleman is a friend. We do ter about it all. tleman from Michigan [Mr. BONIOR], agree on many things. Now, the other thing I want to talk when he was a majority whip, served But a little difference between the about, and I think it is another thing on a committee that was appointed by previous book deals. I know of no book that again comes back to our Speaker, your Speaker, the Democrat Speaker, deal that he has alluded to where you but this has nothing to do with ethics, that said it was OK to accept royalties, have a question, and I say a question, and it has nothing to do with personal- you know, so all of a sudden because and that is why some of us are talking ities. It has to do with a little thing this is a large amount of money, all of about it, because we do not know the called Social Security and income a sudden you and others want to make answer, but I think it necessarily needs taxes. issues about it. to be addressed. Now, we all know that the Contract Now, I am not impugning your integ- The question is: There is a gentleman on America and that the Speaker says rity at all. You know that you and I named Rupert Murdoch and how much that we are going to exempt Social Se- side on a number of issues, especially influence did Rupert Murdoch have as curity from any cuts; we are not going some that are most important, and I far as the book deal is concerned in re- to raise anybody’s taxes. have deep respect for you. turn, in return for possible legislation But then I find that just the other In no way would I impugn, you know, that would be favorable to Mr. day when I read a newspaper, day be- your integrity of why you are doing it. Murdoch. Now, that is little bit dif- fore yesterday, that there is an article It just seems to me the continuing to ferent than writing a book and selling in there about the CPI. let this go on is really just hurting the it out on the street. That is a heck of b work of this House. a lot different. 1620 We have important work to do. We Now, if you say, now, wait a minute, Now, that is the Consumer Price have got the second Reagan revolution that is going too far, well, I suggest Index. And that the Speaker, and your to undertake where we are going to that the gentleman from New York go floor leader, Mr. ARMEY, especially, shrink this Federal Government, we back and look in the CONGRESSIONAL says we have got to hold down the CPI, are going to take away the power of RECORD back in 1988 and see when the we are going to hold it down. We are this Federal Government, we are going gentleman from Georgia who now is going to cut it. We need to get it down to put it back into the hands of the our Speaker was talking about Rupert at least 1 or 1 percent. And do you people, back into the States, back into Murdoch and what had to be done and know why, folks? Do you know what local governments and into the hands what was being done to Rupert happens when the CPI goes down and is of the people. We are going to get this Murdoch, why that was being unfair, not at its normal rate? Then the people Government off the backs and out of all of these other things, I suggest to on Social Security do not get the in- the pockets of the American people, the gentleman that he look into it a creases that they are entitled to by and when we see all of this going on, little bit further than just taking on law. Yes. And guess what happens to all of this nitpicking, all this does is carte blanche that everything is above- your income tax, because the personal slow it down. board. exemption does not go up as much as it We have seen it today. When I put Mr. SOLOMON. Would the gentleman should by law and your income taxes out an open rule with the help of the yield on that point? go up because you do not have as much acting Speaker in the chair, so that we Mr. VOLKMER. Very briefly. of a deduction? could debate unfunded mandates, lo Mr. SOLOMON. You know, in other And who does it hit the worst? Well, and behold, what do we end up with, 151 words, we have the rules of the House folks, as far as the family-friendly peo- amendments were filed to this bill, provide for an ethics committee which ple, children, families with children, most of them duplicative and here we we are trying to get appointed. have to pay more taxes because you are January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 459 getting an exemption for each child. So he wants to get on with Reaganomics. they will have to go out and work for your taxes, if you make $50,000 or That is old-hand Reaganomics. Take it. $20,000 and you are by yourself, your from the poor and give to the wealthy. What they are saying is, ‘‘Hey, we are taxes will not go up as much as if you Gentleman, ain’t no way I am going not going to help you anymore because have got a wife and four kids or three to agree with you on that one. we are going to cut you back and you kids or two kids or 1 kid. Mr. Speaker, I yield to the gentleman had better go out and work for that Mr. SOLOMON. I have five. from New York. minimum wage in order to pay for your Mr. VOLKMER. Your taxes will go Mr. SOLOMON. You know what? I own health care.’’ That is what they up. That is the same thing I want to think the gentleman is going to agree are saying to you. They are going to talk about very briefly: When you all with me, and I thank him for yielding. make you work in order to get—in talk about in the rules that you are I am reading from the Contract With order to get paid for what you are now going to make a change, make it three- America now as it deals with senior getting paid for. fifths before you can raise taxes. That citizens. The Senior Citizens Equity Mr. SOLOMON. But those are only is what I kept hearing over there on Act will raise the earnings ceiling for for people with incomes over $100,000, taxes, before we can raise income recipients of Social Security benefits that is the only Medicare that we are taxes. Well, that is not true, folks; here and lower the portion of benefits that going to cut. is an example of how you do it. You they can be taxed. That is what the Mr. VOLKMER. Not according to just change the CPI. It has nothing to senior citizens I represent want. this. do with raising income tax rates, that You know, I come from the Adiron- Mr. SOLOMON. Yes, according to is what you are saying, three-fifths to dack Mountains in upstate New York, that. I have the same thing. raise income tax rates. And here is the where, incidentally, unemployment is Mr. VOLKMER. Well, I doubt very Speaker and here is your floor leader as high as 15 percent today. That is much if you are only going to cut Med- saying we change the CPI, reduce So- problems, my friend. icare expenses for people over $100,000, cial Security payments to our elderly, You know, those senior citizens want even though I might agree with and we raise income taxes on every- me to do everything in my power to that—— body, and especially those with chil- keep inflation down, not to raise it up Mr. SOLOMON. I thought the gen- dren. The more children you have the so they get a little bit more in their tleman would. more you pay. Social Security check. They want to Mr. VOLKMER. And that would be Mr. SOLOMON. Will the gentleman take the earnings that they have and all if those people would pay their full yield so I can discuss it with him? Mr. VOLKMER. Surely, in just a mo- they want to be able to at least survive share of Medicare part B. That would ment. on them. That is what they want. be a little better. Now, this is just another way by the Here is what Reaganomics is—let me I still do not see cutting the rest back door. Where did this idea come just finish. It will take 3 minutes. from the poor and the elderly, espe- from? This idea came from a guy Reaganomics is eliminating 150 pro- cially my students. named Greenspan, yes, Chairman grams like the Interstate Commerce You know, I think one of the best Greenspan. He is the one giving the Commission, privatizing Government benefits we have had in this country idea. It would save about $200 billion agencies like the Federal Aviation Ad- over the past few years—the gentleman over about 5 years. Now, that is about ministration, consolidating 35 Govern- degrades the Department of Education the amount that you need for the tax ment functions like the Bureau of In- as not having educated anybody. I cuts for the wealthy. dian Affairs, downsizing the Depart- agree that it is true they do not go out So we are going to take away Social ment of Education, which has not done and educate people. It is not an edu- Security from the recipients, we are anything to increase education in this cational system. but we do have stu- going to cut them, we are going to country; abolishing the Department of dent loans, we have student grants, we make people who make $25,000, $30,000, Energy, with 16,000 employees who have work study. who have got two or three kids, pay have never produced a gallon of oil; Now, work study is one of the pro- more taxes. Then for people who make convert the Department of Commerce grams which support the most because over $200,000, we are going to give them down to a bureau, eliminate those I think it is the best because it does a tax break. Hey, folks, no way do I 36,000 employees, which has not done not put anybody into debt like a stu- think that is very fair. That does not anything for the economy of this Na- dent loan does. It is different from a sound like a very good Contract With tion, and make them a consulting body grant. America to me. for business and industry. But all three of those programs have Now I will read along that line—and We are going to means test things enabled many Members, I know, in my I have one more thing to comment on. like Medicare, school lunches, and opinion, and I say there are probably I am reading now from an article in wheat and dairy programs. Members of this body right here today just yesterday’s USA today. This is Reaganomics, this is what the who have benefited from a student first part of the Reagan administration loan, grant, or work study program House Republicans are considering a plan to pay for $200 billion in tax cuts by taking never could accomplish because we did who would not have been able to get the biggest amount of cash from programs not have the votes. Now we are going the higher education elsewhere. I have for the poor and elderly, like Medicare. to attempt it. in my district many people in business, The document being circulated quietly I will bet you that the gentleman is farmers—— among Republicans—is only one of several going to vote for a lot of it. Mr. SOLOMON. Those are good pro- options. But it indicates the areas the GOP Mr. VOLKMER. I doubt very much if grams. have targeted to pay for tax cuts promised in I vote for some of that, especially if I Mr. VOLKMER. Everybody, that is a the GOP Contract with America: go back to letting the senior citizens good program. Why do they want to cut $125 billion would come from programs known as entitlements—Medicare, Medicaid, work and still draw their Social Secu- it? welfare, food stamps and student loans. rity. Not a bad idea. Mr. SOLOMON. We do not. $75 billion would come from programs re- But I will tell you why, the reason Mr. VOLKMER. You are talking quiring annual appropriations, such as de- the gentleman from New York and the about Reaganomics now. Reagan’s first fense, education, housing and transpor- Republicans are proposing it, it is very budget and the second budget, way tation. simple: All you have to do is go back back in 1981–82, zeroed out, zeroed it So the vast majority is going to come and look at what they are proposing to out. Oh, yes, yes, go look at it, go look from the elderly, going to come from do in the budget, because they are at it. I well remember it because I the poor, and who are they going to going to cut Medicare. Senior citizens know what it would have done. What give it to? The wealthy. are going to pay more for their health that does, when you cut those student That is Robin Hood in reverse. and hospital bills. Where are they loans, you are telling our young people The gentleman earlier said that he going to get the money? They are not you get a high school education—un- wants to get on with Reaganomics II, going to get it from Social Security, less you are wealthy, and you are the H 460 CONGRESSIONAL RECORD — HOUSE January 20, 1995 only one that does get a higher edu- Mr. VOLKMER. There will not be back over the last couple of weeks and cation—you get a high school edu- any tax cuts without spending cuts; is see what we already have accomplished cation, you have got to live with it. that correct? together. You try to make a living today with it, Mr. SOLOMON. Over my dead body The reforms of this institution, the you cannot do it. The gentleman from will that happen, absolutely. first day, included forcing Congress to New York would agree with that. Mr. VOLKMER. I mean over your live under the same laws that every- Mr. SOLOMON. I would agree, yes, dead body there will be spending cuts? body else lives under. This is some- because some of those are good pro- Mr. SOLOMON. There will be no tax thing that has been talked about in the grams and we would not want to hurt cuts without any spending cuts to go previous Congress but the Shays Act those programs, we would want to con- with them. has now been passed by both bodies and tinue those programs. And that was all Mr. VOLKMER. I say to the gen- sent to the President for signature, and we wanted to do in Reaganomics, that tleman, ‘‘Thank you. We agree on for the first time Congress and its em- was to take all those categorical aid something else.’’ ployees are going to live under the programs where we here in Washing- f same laws: OSHA, the Americans With ton, big brother government in Wash- THE COURAGEOUS RESPONSE TO Disabilities Act, and a number of other ington, was micromanaging education THE FLOODS IN CALIFORNIA laws that we had specifically exempted and saying to the local school districts ourselves from in the past. So, we have back home, ‘‘If do you this, we will The SPEAKER pro tempore (Mr. accomplished this. We have cut the give you the money.’’ LINDER). Under a previous order of the committee staffs, as we promised, by We did away with those. We folded all House, the gentlewoman from Califor- one-third. We have opened up commit- those categorical grant programs into nia [Ms. WOOLSEY] is recognized for 5 tee meetings to the general public. No a block grant, gave it to the State of minutes. longer are meetings going to be held in Missouri, and said, ‘‘State of Missouri, Ms. WOOLSEY. Mr. Speaker, I rise private, behind closed doors, where ap- you will give 80 percent of that money today to commend the residents of propriations are going to be zeroed out, Sonoma and Marin Counties in Califor- to your local school districts, and you, where tax bills are going to be marked nia for their courageous response to local school districts, will set the cur- up, without the full view of the Amer- the floods which ravaged our commu- riculum because you know what is best ican public and the press. Now there nities and much of California last for the people in the Missouri school are going to be opened up to the people. week. Law enforcement, county work- districts,’’ just like I know best about ers, emergency and rescue crews, and Proxy voting is now abolished, so from the schools in upstate New York school the National Guard worked double now on Members are going to have to districts. duty. Businesses, like the Bank of be there listening to the debate and the America and Safeway, donated space, arguments before they cast their vote b 1630 clothing, and food, and finally volun- in committee, a recommendation that That is Reaganomics. That is what teers and neighbors came together in a have been made in the past that has we are going to do now. We do not want breathtaking effort to protect homes, never been brought to fruition until we to bounce those programs, turn it into streets, stores, and farms, and, most did this changing our rules in the first a block grant, give it to the States, or importantly, to save lives. day of the Congress. that the State of Missouri—and your Mr. Speaker, nobody better exempli- Over the coming weeks many issues Governor, who I debated on ‘‘Good fies the spirit of the people of any dis- that the American people want consid- Morning America’’ the other day, trict than John Alpin, a Red Cross vol- ered, but for so long have been blocked agrees with that. He can do it better he unteer and manager of the Sebastopol from even coming to the floor in many says, and I agree with him. emergency shelter. John spent his first cases, are going to be considered and Mr. VOLKMER. At this time I still morning away from work after several open to debate in this body: say that I guess the proof will be in the 24-hour workdays setting up another A balanced budget amendment hope- pudding when we see the budget as pro- shelter in Santa Rosa. fully will be coming before this body posed by the majority in the future. I Mr. Speaker, the floodwaters may next week with many different amend- understand, and perhaps the gentleman have risen quickly in my district in ments and options, open for Members from New York [Mr. SOLOMON] can cor- northern California, but they could not to debate and vote on before we vote on rect me; is it going to be two budgets, outpace the rapid and generous re- it here and send it to the other body; one budget to make room for the sponse of the brave people of Sonoma line-item veto, something that the ad- money so you can do the tax bill, and and Marin Counties. ministration endorses, and many of us then another budget to do the 5-year f in Congress want to work with the ad- budget? Or are you going to try and do ministration to being this needed it all at one time? WHAT WE HAVE ACCOMPLISHED change about, and for once the execu- Mr. SOLOMON. I say to the gen- AND WHAT WE WILL ACCOMPLISH tive will have the opportunity to look tleman, ‘‘The main thing is to develop The SPEAKER pro tempore. Under at items of pork and appropriation bills a budget that will balance the budget the Speaker’s announced policy of Jan- and line those out, and I think this will over 7 years. Now, whatever that takes. uary 4, 1995, the gentleman from Vir- be a needed check on spending and Then, if there are going to be tax cuts ginia [Mr. DAVIS] is recognized for 60 some of the excessive spending that has in addition, then there ought to be ad- minutes as the designee of the major- actually originated in this body in the ditional spending cuts beyond that. It ity leader. past. We will see a real crime bill come takes $800 billion to balance the budget Mr. DAVIS. Mr. Speaker, I think before this body, something the Amer- over that 7-year period.’’ what the American people have seen ican people badly want. Legal reforms Some of us on the balanced-budget over the last 2 weeks is a Congress that are going to be coming before this body task force that I am the chairman of has made some promises and has kept in the next couple of months, and con- introduced a budget last year, you those promises. In the first day this in- gressional term limits, something that know, back in March, that did just stitution instituted many reforms that we have never brought to the floor of that. It balanced the budget. We did have been talked about for a number of the House before for a recorded vote, not get very many votes for it at the years but have never been acted on. I will be coming here in several different time, but we are going to have the always said, ‘‘Actions speak louder versions of that. same budget available, and we hope than words.’’ I think the American peo- But today and next week this body, that the majority will accept that ple are starting to see some actions, in conjunction with actions in the budget, and then, if there are going to and I am going to talk a little bit other body, are considering H.R. 5, the be tax cuts, make additional spending today and with some of my colleagues Unfunded Mandate Reform Act. This cuts to go along with it to pay for the about the unfunded-mandates legisla- bill is simply a modest effort to cost tax cuts. That is being fiscally respon- tion before this House, but I think it is out the effects of decisions that we sible. important that we go back and look make here in Congress, in Washington, January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 461 that mandate that State and local gov- mandates as long as they do not in- They have had their water checked, ernments carry out, force those State crease the mandate or decrease the re- and it is clean and has been forever. and local governments to use local dol- source allocated to fund it. And yet under the Federal mandate, lars to cost out and spend on our Fed- b 1640 Clean Water Act, they are going to be eral priorities. compelled to put in a $40,000 system for Now the opposition has responded In other words, the Clean Water Act, 120 residents. The people of Haines can- Clean Air Act, Immigration Act, and with numerous horror stories, scare not afford it. Most of the people there Endangered Species Act, to name a tactics, and inaccuracies in an effort to live on less than $1,000 a month. few, are all protected from the proce- portray this legislation as an assault The Mayor of Haines came to the Or- dural strictures this bill imposes on fu- on environmental and health legisla- egon State Legislature, in which I tion. In point of fact it is nothing of ture mandates. Quite simply, this is a mistake. The served as a senator, and told the legis- the kind. This bill does not eliminate lature, come and take the city. We will one current Federal program, but it very reason we are addressing this issue is because the pain inflicted by will you the city. We will deed the will force Congress to assess the costs property back to the State, and you fill of such programs before we impose unfunded mandates upon the States out these Federal mandates. them on State and local governments. has reached critical mass. The support Of course, the State backed off im- Many local governments today have to for the GOP Contract With America is mediately. But the thing is that this raise their real estate taxes, have to a clear sign that, among other things, cut their local police, have to cut their the people are tired of mandates, espe- puts a hardship on small communities school and education funding to com- cially unfunded ones. that they just financially can’t afford. ply with mandates that we are putting We have other matters to attend to, I offer this amendment so that Con- upon them, priorities that are set in but passing a stronger version of this gress will be forced to address the cru- Washington. The last Congress refused bill will send a clear message that this cial questions that surround unfunded to act on this legislation, which is bi- is an active Congress that is attentive mandates. When we attempt to achieve to the will of the people and the needs partisan once you get beyond the halls the goals of clean air, clean water, a of the States. of Congress. The groups from the Gov- society accessible to the handicapped, If we as a Congress do not address the ernors’ Association, the National Con- and a just immigration policy, we have problem of current unfunded mandates, ference of State Legislators, the Na- forgotten to ask ‘‘at what cost?’’ we will be negligent in our duty. Com- tional Association of Counties, where I Like any commodity or service we pliance with just 12 of the most well- am chairman of their unfunded-man- purchase, the benefits that are derived known unfunded intergovernmental dates task force, but my cochairman, from the unfunded mandates are sub- mandates will cost the States $34 bil- Yvonne Burke, a former Member of ject to the principle of diminishing lion over the next 5 years and will con- this body and a supervisor in Los Ange- tinue to strangle nearly every aspect of marginal returns. In other words, the les County, was just as strong for this our economy. more we receive of a particular item, legislation when we argued and testi- Mr. DAVIS. If the gentleman will whether it be clean water or protection fied in hearings last year before both yield on that point, I would just note of endangered species, the less valuable bodies of Congress. The National in my own county of Fairfax, we costs that final degree of cleanliness or pro- League of Cities, National Conference out just 10 of those mandates and are tection becomes. of Mayors, even the Chamber of Com- paying over $30 million annually in We can have too much of a good merce and the National Federation of local taxes, that is 6 cents in our local thing. Independent Businesses [NFIB] have all tax rate, and if you total that up, that If you don’t believe me, imagine this: come together to endorse this legisla- is over $100 a house just to comply with Someone offers you a plate of your fa- tion which is now before Congress and just those mandates you mentioned. In vorite food. You eat and they give you will be—we have acted today in enact- addition to that, there are over 100 another. This continues and, depending ing some amendments, defeating oth- other unfunded mandates from the on your girth and metabolism, sooner ers, and we will be doing this Monday Federal Government that apply to or later you are ill. afternoon and evening and Tuesday local governments. Water can be clean and safe and still and, hopefully, wrap this up next week, It is exactly this kind of problem, not be pure H2O—yet certain policies and the Senate—excuse me, the other these unfunded trickle down taxes that demand prevention and purity where body—will be working on this at the emanate from Congress, but are foist- they are neither necessary nor pos- same time, will go to conference, and ed, that have to be paid by people at sible. I can’t see the rationale and nei- hopefully have this out in the next the local level, taxpayers at the local ther can the American people. month or so. level, that Congress has not fessed up It is important to note that laws af- At this point I yield to the gen- to its responsbility in that. fecting civil and constitutional rights tleman from Oregon [Mr. COOLEY] I I think it is important that we take will remain unaffected by my amend- think who has some remarks to make responsibility for that. There is cer- ment. Additionally, my amendment on this. tainly going to be actions, there is cer- will not make the bill retroactive— Mr. COOLEY. I thank the gentleman tainly priorities that need to be set Congress will address each reauthoriza- from Virginia [Mr. DAVIS]. from the Congress of the United States, tion as it comes up for consideration. Mr. Speaker, in light of the many and the costs are going to be passed Removing the grandfather clause will amendments that have been offered to down. But we should have an account- ensure that as mandates are reauthor- the Unfunded Mandate Reform Act, I ing of that, we should be aware of ized, Congress will reevaluate the real rise at the request of my colleagues to these, and we should affirmatively say quickly explain my amendments prior we think this is important enough that questions that must be answered. I to their consideration next week. Brief- we are going to put this mandate on urge my colleagues to carefully con- ly I would be offering two amendments State and local governments. We are sider what I have said and support this that will strengthen this worthy legis- not doing that now. It is hidden from and all measures that force Congress to lation. view right now. This will be full ac- consider the wisdom or folly or our My first amendment would strike the countability. predecessors. mandated grandfather provision, and Mr. COOLEY. Thank you for your My second amendment is aimed at my second amendment would afford comments. I would like to say some- protecting private industry and the the private sector the same protection thing other than what I prepared to heart of our economy, small busi- States will be given subsequent to tell you just about how bad this has be- nesses. intergovernmental mandates that are come in my State of Oregon. I have a As written, the bill will subject new considered. The grandfather provision, small community on the east side by intergovernmental mandates to points found in section 2425(a), was added dur- the name of Haines. It has about 120 of order here in the House when those ing the consideration of the Committee residents in that community, and it mandates exceed $50 million. While a on Rules of the bill to protect all past was founded over 150 years ago. point of order is not an insurmountable H 462 CONGRESSIONAL RECORD — HOUSE January 20, 1995 hurdle, it gives the House a moment to really truly want to, but maybe finan- cluded a provision requiring that high- pause and consider the magnitude of cially cannot, nor is it necessary. way asphalt in federally funded its actions. Mr. DAVIS. I thank my distinguished projects contain a certain percentage In fact, the point of order may be colleague for those remarks. I just of recycled tire rubber, starting with 5 raised, voted upon, and passed by a would at this point like to yield to the percent in 1994 and increasing incre- comfortable margin without Congress gentleman from Kentucky. mentally to 20 percent by 1997 and be- turning aside from its consideration of Mr. LEWIS of Kentucky. Mr. Speak- yond. Governors note that not a single such a sizable mandate. The heart of er, I thank the gentleman for yielding. State transportation department, nor the matter, though, is that our bias Mr. Speaker, I rise in support of H.R. the Federal Department of Transpor- will be against mandates. More impor- 5, the Unfunded Mandates Reform Act. tation, nor any engineering trade asso- tantly, we will indicate our intention Mr. Speaker, people across the coun- ciation endorsed the rubberized asphalt by incorporating this into our proce- try sent this institution a message last provision when it was proposed here in dures. November. They said we are sick and this body. I seek the same protection for the tired of big Government telling us how They further point out that the re- to run our lives. I believe the Unfunded private sector. If my amendment quirement had no supportive evidence Mandate Reform Act is a vital step to- passes, private sector mandates that of any ostensible environmental bene- ward showing we heard what the people exceed $100 million will be subject to fits and potentially disrupts a common had to say and that we are doing some- this same point of order. We will then State practice of recycling asphalt by be forced to stop and consider our ac- thing about it. If we are serious about reducing the introducing an additive without test- tions in light of the fairness we are try- ing its effects on the reclamation proc- ing to impart to the States by passing size and intrusiveness of the Federal Government, we should pass this bill. ess and imposes a requirement that is this bill. terribly costly and inefficient. We pride ourselves as a nation on our We have to stop passing the cost of our That came from the Congress. The fairness. When I offer my amendment, I big ideas back to our State and local cost impact is most easily measured. ask that you carefully consider the governments. I don’t doubt that many States with effective tire-disposing fairness of the bill as written. Will we of the unfunded mandates passed by programs found that disposing of used erect a double standard or will we pro- this institution were well-intended. tires and asphalt was the most expen- tect the private sector as well? The American people do need and We started this process with the re- they do deserve clean air, clean water, sive method of disposal. The Ohio De- solve to end unfunded mandates. Let us and a healthy environment. But it is partment of Transportation, which not lose that resolve by hesitating to well past time the Federal Government normally pays $38 per cubic yard of as- protect the private sector in the same begins to get a little more honest phalt, discovered that the average cost manner. about the cost of the laws we pass. Our per cubic yard of rubberized asphalt is I thank the Speaker and yield back mayors, our county judge executives, $108, almost three times the cost. the balance of my time. our Governors, have been pleading with The Governor estimates that a 20- Mr. DAVIS. Thank you very much. us to quit passing the buck for many percent crumb rubber requirement will Let me just ask the gentleman one years now. cost the State $50 million annually. question if I may. Is it not a fact that b 1650 My question to my colleagues during the same individuals that elect local this debate has been, what are we Yet the House of Representatives, afraid of? Are we afraid to cost out and State officials are the same ones the people’s House, has all too often re- who elect us? Is that not correct? these new mandates, to be accountable fused to listen. We need to remember for the costs that we allocate to State Mr. COOLEY. That is correct. that our actions have an impact on the Mr. DAVIS. Basically they are look- and local governments and they, in folks back home. New laws and regula- turn, pass on to their taxpayers at the ing to us to fill different levels of gov- tions cost money, and it is not our local level? Or are we willing to stand ernment to work together in the most money we are spending. It is the peo- up and say, there are going to be meas- efficient way to try to take care of ple’s money. And if we are going to ures, many of them environmental their concerns and their problems. And spend the people’s money, they deserve measures, that in point of fact call for one of the problems it seems to me to know what it is for and why. Federal interference and mandating with the unfunded mandates is we have Mr. Speaker, it is time to clean up it all backward. The priorities are set our act. If we need to pass new laws these costs. But we are not too afraid from a group that are not paying for and regulations, let us be honest about to face up to these costs up front, to those priorities. That leads to a whole their cost. Let us provide the money so have a dialog with the localities that different and inefficient way of doing that folks back home do not pay higher are being asked to pay for this and business than if you are setting the pri- taxes and user fees. Let us show the then work in the most efficient way we orities and paying for them. Do you leadership that the people sent us here can possibly to clean up the environ- agree? to provide. Let us listen to the people. ment and to do whatever health and Mr. COOLEY. We have both served in Mr. DAVIS. Mr. Speaker, let me, if I safety or whatever mandate we feel is legislature and in government prior to could, just sum up for a minute. Mr. so required. coming to Congress, and as State legis- Speaker, I just note that one of the is- I think that is the issue that is going lators and a State senator, we man- sues that came up today during the to be before this body over the next dated many things which we were course of the debate, Members were week. I look forward to continued dia- forced to pass on to the small commu- saying, well, if one State dumped pollu- log with my colleagues on this, and I nities which we were forced to pass on tion into another State, the polluting think the American people are waiting to the small communities which we State would not have to clean up un- for action. knew would not be able to financially less Congress gave them a billion dol- f afford them. But we had to pass those lars and funded the mandate. That just down. Because in that process, if we is not so. RULES OF PROCEDURE FOR THE didn’t, the Federal Government, as you All we are asking for is a cost ac- COMMITTEE ON GOVERNMENT know through the mandate process, counting to find out what the costs are has a compromise system, and if you of imposing these mandates onto the REFORM AND OVERSIGHT FOR do not follow mandates, sometimes you State and local government. Then we THE 104TH CONGRESS. are penalized by not receiving other re- can get a clear picture, enter into a di- (Mr. CLINGER asked and was given turns on Federal funding. So the sys- alog with Senate and local govern- permission to extend his remarks at tem is more a system I would say of ments so that we can act appropriately this point in the RECORD and to include blackmail than it is of cooperation and to make sure that the will of the peo- extraneous matter.) spirit, and it should be done in coopera- ple is carried out. Mr. CLINGER. Mr. Speaker, pursuant to and tion and spirit, and not in the system The 1991 Intermodal Surface Trans- in accordance with clause 2(a) of rule XI of that forces people to do it when they portation Efficiency Act, ISTEA, in- the Rules of the House of Representatives, I January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 463

submit for publication in the CONGRESSIONAL Sundays, and legal holidays) unless the com- RULE 10.—STAFF RECORD a copy of the rules of the Govern- mittee agrees to a different time, but agree- Except as otherwise provided by House ment Reform and Oversight Committee for the ment on a shorter time shall require the con- Rule XI, 5 and 6, the chairman of the full currence of each member seeking to file such committee shall have the authority to hire 104th Congress as approved by the commit- views. A proposed report shall not be consid- tee on January 10, 1995. and discharge employees of the professional ered in subcommittee or full committee un- and clerical staff of the full committee and I. RULES OF THE COMMITTEE ON GOVERNMENT less the proposed report has been available of subcommittees. REFORM AND OVERSIGHT, U.S. HOUSE OF to the members of such subcommittee or full RULE 11.—STAFF DIRECTION REPRESENTATIVES, 104TH CONGRESS committee for at least three calendar days Rule XI, 1(a)(1) of the House of Representa- (excluding Saturdays, Sundays, and legal Except as otherwise provided by House tives provides: holidays) before the consideration of such Rule XI, 5 and 6, the staff of the committee The Rules of the House are the rules of its proposed report in subcommittee or full shall be subject to the direction of the chair- committees and subcommittees so far as ap- committee. If hearings have been held on the man of the full committee and shall perform plicable, except that a motion to recess from matter reported upon, every reasonable ef- such duties as he may assign. day to day, and a motion to dispense with fort shall be made to have such hearings RULE 12.—HEARING DATES AND WITNESSES the first reading (in full) of a bill or resolu- available to the members of the subcommit- The chairman of the full committee will tion, if printed copies are available, are tee or full committee before the consider- announce the date, place, and subject matter nondebatable motions of high privilege in ation of the proposed report in such sub- of all hearings at least one week before the committees and subcommittees. committee or full committee. commencement of any hearings, unless he Rule XI, 2(a) of the House of Representa- Only those reports approved by a majority determines that there is good cause to begin tives provides, in part: vote of the committee may be ordered print- such hearings sooner. So that the chairman Each standing committee of the House ed, unless otherwise required by the Rules of of the full committee may coordinate the shall adopt written rules governing its proce- the House of Representatives. committee facilities and hearing plans, each dures. * * * RULE 5.—PROXY VOTES subcommittee chairman shall notify him of In accordance with this, the Committee on any hearing plans at least two weeks before In accordance with the Rules of the House Government Reform and Oversight, on Janu- the date of commencement of hearings, in- of Representatives, members may not vote ary 10, 1995, adopted the rules of the commit- cluding the date, place, subject matter, and by proxy on any measure or matter before tee: the names of witnesses, willing and unwill- the committee or any subcommittee. RULE 1.—APPLICATION OF RULES ing, who would be called to testify, includ- [See House Rule XI, 2(f).] Except where the terms ‘‘full committee’’ ing, to the extent he is advised thereof, wit- and ‘‘subcommittee’’ are specifically referred RULE 6.—ROLL CALLS nesses whom the minority members may re- to, the following rules shall apply to the A roll call of the members may be had quest. The minority members shall supply Committee on Government Reform and Over- upon the request of any member upon ap- the names of witnesses they intend to call to sight and its subcommittees as well as to the proval of a one-fifth vote. the chairman of the full committee or sub- respective chairmen. [See House Rule XI, 2(e).] committee at the earliest possible date. Wit- [See House Rule XI, 1.] nesses appearing before the committee shall, RULE 7.—RECORD OF COMMITTEE ACTIONS so far as practicable, submit written state- RULE 2.—MEETINGS The committee staff shall maintain in the ments at least 24 hours before their appear- The regular meetings of the full committee committee offices a complete record of com- ance. shall be held on the second Tuesday of each mittee actions from the current Congress in- [See House Rules XI, 2 (g)(3), (g)(4), (j) and month at 10:00 a.m., unless when Congress cluding a record of the rollcall votes taken (k).] has adjourned. The chairman is authorized at committee business meetings. The origi- RULE 13.—OPEN MEETINGS to dispense with a regular meeting or to nal records, or true copies thereof, as appro- Meetings for the transaction of business change the date thereof, and to call and con- priate, shall be available for public inspec- and hearings of the committee shall be open vene additional meetings, when cir- tion whenever the committee offices are to the public or closed in accordance with cumstances warrant. A special meeting of open for public business. The staff shall as- Rule XI of the House of Representatives. the committee may be requested by mem- sure that such original records are preserved [See House Rules XI, 2 (g) and (k).] bers of the committee following the provi- with no unauthorized alteration, additions, sions of House Rule XI, 2(c)(2). Subcommit- or defacement. RULE 14.—FIVE-MINUTE RULE tees shall meet at the call of the subcommit- [See House Rule XI, 2(e).] A committee member may question a wit- tee chairmen. Every member of the commit- ness only when recognized by the chairman RULE 8.—SUBCOMMITTEES; REFERRALS tee or the appropriate subcommittee, unless for that purpose. In accordance with House prevented by unusual circumstances, shall be There shall be seven subcommittees with Rule XI, 2(j)(2), each committee member provided with a memorandum at least three appropriate party ratios that shall have may request up to five minutes to question a calendar days before each meeting or hear- fixed jurisdictions. Bills, resolutions, and witness until each member who so desires ing explaining (1) the purpose of the meeting other matters shall be referred by the chair- has had such opportunity. Until all such re- or hearing; and (2) the names, titles, back- man to subcommittees within two weeks for quests have been satisfied, the chairman ground and reasons for appearance of any consideration or investigation in accordance shall, so far as practicable, recognize alter- witnesses. The ranking minority member with their fixed jurisdictions. Where the sub- nately based on seniority of those majority shall be responsible for providing the same ject matter of the referral involves the juris- and minority members present at the time information on witnesses whom the minority diction of more than one subcommittee or the hearing was called to order and others may request. does not fall within any previously assigned based on their arrival at the hearing. After [See House Rule XI, 2(b).] jurisdiction, the chairman shall refer the that, additional time may be extended at the RULE 3.—QUORUMS matter as he may deem advisable. Bills, res- direction of the chairman. olutions, and other matters referred to sub- A majority of the members of the commit- RULE 15.—INVESTIGATIVE HEARINGS; committees may be reassigned by the chair- tee shall form a quorum, except that two PROCEDURE members shall constitute a quorum for tak- man when, in his judgment, the subcommit- tee is not able to complete its work or can- Investigative hearings shall be conducted ing testimony and receiving evidence, and according to the procedures in House Rule one-third of the members shall form a not reach agreement therein. In a sub- committee having an even number of mem- XI, 2(k). All questions put to witnesses be- quorum for taking any action other than the fore the committee shall be relevant to the reporting of a measure or recommendation. bers, if there is a tie vote with all members voting on any measure, the measure shall be subject matter before the committee for con- If the chairman is not present at any meet- sideration, and the chairman shall rule on ing of the committee or subcommittee, the placed on the agenda for full committee con- sideration as if it had been ordered reported the relevance of any questions put to the ranking member of the majority party on witness. the committee or subcommittee who is by the subcommittee without recommenda- present shall preside at that meeting. tion. This provision shall not preclude fur- RULE 16.—STENOGRAPHIC RECORD [See House Rule XI, 2(h).] ther action on the measure by the sub- A stenographic record of all testimony committee. RULE 4.—COMMITTEE REPORTS shall be kept of public hearings and shall be [See House Rule XI, 1(a)(2).] made available on such conditions as the Bills and resolutions approved by the com- chairman may prescribe. mittee shall be reported by the chairman fol- RULE 9.—EX OFFICIO MEMBERS lowing House Rule XI, 2(l). The chairman and the ranking minority RULE 17.—TV, RADIO, AND PHOTOGRAPHS Every investigative report shall be ap- member of the committee shall be ex officio An open meeting or hearing of the commit- proved by a majority vote of the committee members of all subcommittees. They are au- tee or a subcommittee may be covered, in at a meeting at which a quorum is present. thorized to vote on subcommittee matters; whole or in part, by television broadcast, Supplemental, minority, or additional views but, unless they are regular members of the radio broadcast, and still photography, or by may be filed following House Rule XI, 2(l)(5). subcommittee, they shall not be counted in any of such methods of coverage, unless The time allowed for filing such views shall determining a subcommittee quorum other closed subject to the provisions of House be three calendar days (excluding Saturdays, than a quorum for taking testimony. Rule XI, 3. H 464 CONGRESSIONAL RECORD — HOUSE January 20, 1995

RULE 18.—ADDITIONAL DUTIES OF CHAIRMAN RULE NO. 2—REGULAR AND SPECIAL MEETINGS (1) to sit and act at such times and places The chairman of the full committee shall: (a) The regular meeting date of the Com- within the United States, whether the House (a) Make available to other committees mittee on House Oversight shall be the sec- is in session, has recessed, or has adjourned, the findings and recommendations resulting ond Wednesday of every month when the and to hold such hearings; and from the investigations of the committee or House is in session in accordance with Clause (2) to require, by subpoena or otherwise, its subcommittees as required by House Rule 2(b) of House Rule XI. Additional meetings the attendance and testimony of such wit- X, 4(c)(2); may be called by the chairman as he may nesses and the production of such books, (b) Direct such review and studies on the deem necessary or at the request of a major- records, correspondence, memorandums, pa- impact or probable impact of tax policies af- ity of the members of the committee in ac- pers, and documents; as it deems necessary. fecting subjects within the committee’s ju- cordance with Clause 2(c) of House Rule XI. The chairman of the committee, or any risdiction as required by House Rule X, 2(c); The determination of the business to be con- member designated by the chairman, may (c) Submit to the Committee on the Budg- sidered at each meeting shall be made by the administer oaths of any witness. et views and estimates required by House chairman subject to Clause 2(c) of House (b)(1) A subpoena may be authorized and is- Rule X, 4(g), and to file reports with the Rule XI. A regularly scheduled meeting need sued by the committee in the conduct of any House as required by the Congressional not be held if there is no business to be con- investigation or series of investigations or Budget Act; sidered. activities, only when authorized by a major- (d) Authorize and issue subpoenas as pro- (b) If the chairman of the committee is not ity of the members voting, a majority being vided in House Rule XI, clause 2(m), in the present at any meeting of the committee, or present. The power to authorize and issue conduct of any investigation or activity or at the discretion of the chairman, the vice subpoenas under subparagraph (a)(2) may be series of investigations or activities within chairman of the committee shall preside at delegated to the chairman of the committee the jurisdiction of the committee; and the meeting. If the chairman and vice chair- pursuant to such rules and under such limi- (e) Prepare, after consultation with sub- man of the committee are not present at any tations as the committee may prescribe. Au- committee chairmen and the minority, a meeting of the committee, the ranking mem- thorized subpoenas shall be signed by the budget for the committee which shall in- ber of the majority party who is present chairman of the committee or by any mem- clude an adequate budget for the subcommit- shall preside at the meeting. ber designated by the committee. (2) Compliance with any subpoena issued tees to discharge their responsibilities. RULE NO. 3—OPEN MEETING (f) Make any necessary technical and con- by the committee may be enforced only as As required by Clause 2(g), of House Rule forming changes to legislation reported by authorized or directed by the House. XI, each meeting for the transaction of busi- the committee upon unanimous consent. RULE NO. 7—QUORUMS ness, including the markup of legislation, of f the committee, shall be open to the public No measure or recommendation shall be except when the committee, in open session reported to the House unless a majority of the committee is actually present. For the RULES OF PROCEDURE FOR THE and with a quorum present, determines by rollcall vote that all or part of the remainder purposes of taking any action other than re- COMMITTEE ON HOUSE OVER- porting any measure, issuance of a subpoena, SIGHT FOR THE 104TH CONGRESS of the meeting on that day shall be closed to the public because disclosure of matters to closing meetings, promulgating committee (Mr. THOMAS asked and was given be considered would endanger national secu- orders, or changing the rules of the commit- permission to extend his remarks at rity, would compromise sensitive law en- tee, the quorum shall be one-third of the forcement information, or would tend to de- members of the committee. For purposes of this point in the RECORD and to include taking testimony and receiving evidence, extraneous matter.) fame, degrade or incriminate any person, or otherwise would violate any law or rule of two members shall constitute a quorum. Mr. THOMAS. Mr. Speaker, pursuant to and the House: Provided, however, That no person RULE NO. 8—AMENDMENTS in accordance with clause 2(a) of rule XI of other than members of the committee, and Any amendment offered to any pending the Rules of the House of Representatives, I such congressional staff and such depart- legislation before the committee must be submit for publication in the CONGRESSIONAL mental representatives as they may author- made available in written form when re- RECORD a copy of the rules of the Committee ize, shall be present in any business or mark- quested by any member of the committee. If on House Oversight for the 104th Congress as up session which has been closed to the pub- such amendment is not available in written approved by the committee on January 11, lic. form when requested, the chair will allow an 1994. RULE NO. 4—RECORDS AND ROLLCALLS appropriate period of time for the provision thereof. RULES OF PROCEDURE OF THE COMMITTEE ON (a) The result of each rollcall vote in any RULE NO. 9—HEARING PROCEDURES HOUSE OVERSIGHT, ONE HUNDRED FOURTH meeting of the committee shall be transmit- CONGRESS ted for publication in the Congressional (a) The chairman, in the case of hearings Record as soon as possible, but in no case to be conducted by the committee, shall RULE NO. 1—GENERAL PROVISIONS later than two legislative days following make public announcement of the date, (a) The Rules of the House are the rules of such rollcall vote, and shall be made avail- place, and subject matter of any hearing to the committee so far as applicable, except able for inspection by the public at reason- be conducted on any measure or matter at that a motion to recess from day to day is a able times at the committee offices, includ- least 1 week before the commencement of motion of high privilege in committees. ing a description of the amendment, motion, that hearing unless the committee deter- (b) The committee is authorized at any order or other proposition; the name of each mines that there is good cause to begin such time to conduct such investigations and member voting for and against; and the hearing at an earlier date. In the latter studies as it may consider necessary or ap- members present but not voting. event the chairman shall make such public propriate in the exercise of its responsibil- (b) All committee hearings, records, data, announcement at the earliest possible date. ities under House Rule X and (subject to the charts, and files shall be kept separate and The clerk of the committee shall promptly adoption of expense resolutions as required distinct from the congressional office notify the Daily Digest Clerk of the Congres- by House Rule XI, clause 5) to incur expenses records of the member serving as chairman sional Record as soon as possible after such (including travel expenses) in connection of the committee; and such records shall be public announcement is made. therewith. the property of the House and all members of (b) Unless excused by the chairman, each (c) The committee is authorized to have the House shall have access thereto. witness who is to appear before the commit- printed and bound testimony and other data (c) House records of the committee which tee shall file with the clerk of the commit- presented at hearings held by the committee, are at the National Archives shall be made tee, at least 48 hours in advance of his or her and to distribute such information by elec- available pursuant to House Rule XXXVI. appearance, a written statement of his or her tronic means; information distributed by The chairman of the committee shall notify proposed testimony and shall limit his or her electronic means shall also be printed. All the ranking minority party member of any oral presentation to a summary of his or her costs of stenographic services and tran- decision to withhold a record pursuant to the statement. scripts in connection with any meeting or rule, and shall present the matter to the (c) When any hearing is conducted by the hearing of the committee shall be paid from committee upon written request of any com- committee upon any measure or matter, the the appropriate House account. mittee member. minority party members on the committee (d) The committee shall submit to the RULE NO. 5—PROXIES shall be entitled, upon request to the chair- House, not later than January 2 of each odd- No vote by any member in the committee man by a majority of those minority mem- numbered a year, a report on the activities may be cast by proxy. bers before the completion of such hearing, of the committee under House Rules X and to call witnesses selected by the minority to XI during the Congress ending at noon on RULE NO. 6—POWER TO SIT AND ACT; SUBPOENA testify with respect to that measure or mat- January 3 of such year. POWER ter during at least one day of hearings there- (e) The committee’s rules shall be pub- (a) For the purpose of carrying out any of on. lished in the Congressional Record not later its functions and duties under House Rules X (d) Committee members may question wit- than 30 days after the Congress convenes in and XI, the committee, is authorized (subject nesses only when they have been recognized each odd-numbered year. to subparagraph (b)(1) of this paragraph)— by the chairman for that purpose, and only January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 465 for a 5-minute period until all members the chairman of the committee notice of the (B) the filing of any supplemental report present have had an opportunity to question filing of that request. upon any measure or matter which may be a witness. The 5-minute period for question- (b)(1) No measure or recommendation shall required for the correction of any technical ing a witness by any one member can be ex- be reported from the committee unless a ma- error in a previous report made by the com- tended only with the unanimous consent of jority of the committee was actually mittee upon that measure or matter. all members present. The questioning of a present. (f) If hearings have been held on any such witness in committee hearings shall be initi- (2) With respect to each rollcall vote on a measure or matter so reported, the commit- ated by the chairman, followed by the rank- motion to report any measure or matter of a tee shall make every reasonable effort to ing minority party member and all other public character, and on any amendment of- have such hearings printed and available for members alternating between the majority fered to the measure or matter, the total distribution to the members of the House and minority. In recognizing members to number of votes cast for and against, and the prior to the consideration of such measure or question witnesses in this fashion, the chair- names of those members voting for and matter in the House. man shall take into consideration the ratio against, shall be included in the committee (g) The chairman of the committee may of the majority to minority members present report on the measure or matter. designate any member of the committee to and shall establish the order of recognition (c) The report of the committee on a meas- act as ‘‘floor manager’’ of a bill or resolution for questioning in such a manner as not to ure which has been approved by the commit- during its consideration in the House. disadvantage the members of the majority. tee shall include— RULE NO. 11—COMMITTEE OVERSIGHT The chairman may accomplish this by rec- (1) the oversight findings and recommenda- ognizing two majority members for each mi- The committee shall conduct oversight of tions required pursuant to House Rule X, of matters within the jurisdiction of the com- nority member recognized. clause 2(b)(1) separately set out and clearly (f) The following additional rules shall mittee in accordance with House Rule X, identified; clause 2 and clause 4(d)(2). Not later than apply to hearings: (2) the statement required by section (1) The chairman at a hearing shall an- February 15 of the first session of a Congress, 308(a)(1) of the Congressional Budget Act of the Committee shall, in a meeting that is nounce in an opening statement the subject 1974, separately set out and clearly identi- of the investigation. open to the public and with a quorum fied, if the measure provides new budget au- present, adopt its oversight plans for that (2) A copy of the committee rules and this thority or new or increased tax expenditures; clause shall be made available to each wit- Congress in accordance with House Rule X, (3) the estimate and comparison prepared clause 2(d). ness. by the Director of the Congressional Budget (3) Witnesses at hearings may be accom- Office under section 403 of such Act, sepa- RULE NO. 12—REVIEW OF CONTINUING panied by their own counsel for the purpose rately set out and clearly identified, when- PROGRAMS; BUDGET ACT PROVISIONS of advising them concerning their constitu- ever the Director (if timely submitted prior (a) The committee shall, in its consider- tional rights. to the filing of the report) has submitted ation of all bills and joint resolutions of a (4) The chairman may punish breaches of such estimate and comparison to the com- public character within its jurisdiction, in- order and decorum, and of professional ethics mittee; and sure that appropriation for continuing pro- on the part of counsel, by censure and exclu- (4) a summary of the oversight findings grams and activities of the Federal Govern- sion from the hearings; and the committee and recommendations made by the Commit- ment and the District of Columbia govern- may cite the offender to the House for con- tee on Government Reform and Oversight ment will be made annually to the maximum tempt. under House Rule XI, clause 2(1)(3)(D) sepa- extent feasible and consistent with the na- (5) If the committee determines that evi- rately set out and clearly identified when- ture, requirement, and objectives of the pro- dence or testimony at a hearing may tend to ever such findings and recommendations grams and activities involved. For the pur- defame, degrade, or incriminate any person, have been submitted to the committee in a poses of this paragraph a Government agen- it shall— timely fashion to allow an opportunity to cy includes the organizational units of gov- (A) afford such person an opportunity vol- consider such findings and recommendations ernment listed in clause 7(c) of Rule XIII of untarily to appear as a witness; during the committee’s deliberations on the House Rules. (B) receive such evidence or testimony in measure. (b) The committee shall review, from time executive session; and (d) Each report of the committee on each to time, each continuing program within its (C) receive and dispose of requests from bill or joint resolution of a public character jurisdictions for which appropriations are such person to subpoena additional wit- reported by the committee shall contain a not made annually in order to ascertain nesses. detailed analytical statement as to whether whether such program could be modified so (6) Except as provided in subparagraph the enactment of such bill or joint resolution that appropriations therefor would be made (f)(5), the chairman shall receive and the into law may have an inflationary impact on annually. committee shall dispose of requests to sub- prices and costs in the operation of the na- (c) The committee shall, on or before Feb- poena additional witnesses. tional economy. ruary 25 of each year, submit to the Commit- (7) No evidence or testimony taken in exec- (e) If, at the time of approval of any meas- tee on the Budget (1) its views and estimates utive session may be released or used in pub- ure or matter by the committee, any mem- with respect to all matters to be set forth in lic sessions without the consent of the com- ber of the committee gives notice of inten- the concurrent resolution on the budget for mittee. tion of file supplemental, minority, or addi- the ensuing fiscal year which are within its (8) In the discretion of the committee, wit- tional views, that member shall be entitled jurisdiction or functions, and (2) an estimate nesses may submit brief and pertinent sworn to not less than 3 calendar days, commenc- of the total amounts of new budget author- statements in writing for inclusion in the ing on the day on which the measure or ity, and budget outlays resulting therefrom, record. The committee is the sole judge of matter(s) was approved, excluding Satur- to be provided or authorized in all bills and the pertinency of testimony and evidence ad- days, Sundays, and legal holidays, in which resolutions within its jurisdiction which it duced at its hearing. to file such views, in writing and signed by intends to be effective during that fiscal (9) A witness may obtain a transcript copy that member, with the clerk of the commit- year. of his testimony given at a public session or, tee. All such views so filed by one or more (d) As soon as practicable after a concur- if given at an executive session, when au- members of the committee shall be included rent resolution on the budget for any fiscal thorized by the committee. within, and shall be a part of, the report filed year is agreed to, the committee (after con- RULE NO. 10—PROCEDURES FOR REPORTING by the committee with respect to that meas- sulting with the appropriate committee or BILLS AND RESOLUTIONS ure or matter. The report of the committee committees of the Senate) shall subdivide (a)(1) It shall be the duty of the chairman upon that measure or matter shall be printed any allocation made to it, the joint explana- of the committee to report or cause to be re- in a single volume which— tory statement accompany the conference ported promptly to the House any measure (1) shall include all supplemental, minor- report on such resolution, and promptly re- approved by the committee and to take or ity, or additional views which have been sub- port such subdivisions to the House, in the cause to be taken necessary steps to bring mitted by the time of the filing of the report, manner provided by section 302 of the Con- the matter to a vote. and gressional Budget Act of 1974. (2) In any event, the report of the commit- (2) shall bear upon its cover a recital that (e) Whenever the committee is directed in tee on a measure which has been approved by any such supplemental, minority, or addi- a concurrent resolution on the budget to de- the committee shall be filed within 7 cal- tional views (and any material submitted termine and recommend changes in laws, endar days (exclusive of days on which the under subparagraphs (c)(3) and (c)(4) are in- bills, or resolutions under the reconciliation House is not in session) after the day on cluded as part of the report. This subpara- process it shall promptly make such deter- which there has been filed with the clerk of graph does not preclude— mination and recommendations, and report a the committee a written request, signed by a (A) the immediate filing or printing of a reconciliation bill or resolution (or both) to majority of the members of the committee, committee report unless timely request for the House or submit such recommendations for the reporting of that measure. Upon the the opportunity to file supplemental, minor- to the Committee on the Budget, in accord- filing of any such request, the clerk of the ity, or additional views has been made as ance with the Congressional Budget Act of committee shall transmit immediately to provided by paragraph (c); or 1974. H 466 CONGRESSIONAL RECORD — HOUSE January 20, 1995 RULE NO. 13—BROADCASTING OF COMMITTEE (3) At the conclusion of any hearing, inves- (The following Members (at the re- HEARINGS AND MEETINGS tigation, study, meeting or conference for quest of Mr. WISE) to revise and extend Whenever any hearing or meeting con- which travel outside the United States has their remarks and include extraneous ducted by the committee is open to the pub- been authorized pursuant to this rule, mem- material:) lic, those proceedings shall be open to cov- bers and staff attending meetings or con- ferences shall submit a written report to the Ms. JACKSON-LEE, for 5 minutes, erage by television, radio, and still photog- today. raphy, as provided in Clause 3 of House Rule chairman covering the activities and other XI, subject to the limitations therein. pertinent observations or information gained Mr. OWENS, for 5 minutes, today. as a result of such travel. Mr. MARTINEZ, for 5 minutes, today. RULE NO. 14—COMMITTEE STAFF (c) Members and staff of the committee Mr. WISE, for 5 minutes, today. The staff of the Committee on House Over- performing authorized travel on official busi- Mr. DEFAZIO, for 5 minutes, today. ness shall be governed by applicable laws, sight shall be appointed as follows: Mr. FALEOMAVAEGA, for 5 minutes resolutions, or regulations of the House and A. The committee staff shall be appointed, today. except as provided in paragraph (B), and may of the Committee on House Oversight per- be removed by the chairman and shall work taining to such travel. (The following Members (at the re- under the general supervision and direction RULE NO. 16—POWERS AND DUTIES OF SUBUNITS quest of Mr. LATHAM) to revise and ex- of the chairman; OF THE COMMITTEE tend their remarks and include extra- B. All staff provided to the minority party The chairman of the committee is author- neous material:) members of the committee shall be ap- ized to establish appropriately named Mr. CLINGER, for 5 minutes, today. pointed, and may be removed, by the Rank- subunits, such as task forces, composed of Mr. HORN, for 5 minutes, today. ing Minority Member of the committee, and members of the committee, for any purpose, Mr. SCARBOROUGH, for 5 minutes, shall work under the general supervision and measure or matter; one member of each such today. direction of such Member; subunit shall be designated chairman of the C. The chairman shall fix the compensa- subunit by the chairman of the committee. f tion of all staff of the committee, after con- All such subunits shall be considered ad hoc sultation with the Ranking Minority Mem- subcommittees of the committee. The rules EXTENSION OF REMARKS ber regarding any minority party staff, with- of the committee shall be the rules of any in the budget approved for such purposes for subunit of the committee, so far as applica- By unanimous consent, permission to the committee. ble, or as otherwise directed by the chairman revise and extend remarks was granted of the committee. Each subunit of the com- to: RULE NO. 15—TRAVEL OF MEMBERS AND STAFF mittee is authorized to meet, hold hearings, (The following Members (at the re- (a) Consistent with the primary expense receive evidence, and to require, by subpoena quest of Mr. WISE) and to include ex- resolution and such additional expense reso- or otherwise, the attendance and testimony traneous matter:) lutions as may have been approved, the pro- of such witnesses and the production of such Mr. DINGELL. visions of this rule shall govern travel of books, records, correspondence, memoran- committee members and staff. Travel for dums, papers, and documents, as it deems Mr. HOYER. any member or any staff member shall be necessary, and to report to the full commit- Mr. ACKERMAN. paid only upon the prior authorization of the tee on all measures or matters for which it Mr. JACOBS. chairman. Travel may be authorized by the was created. Chairman of subunits of the Mrs. COLLINS of Illinois in two in- chairman for any member and any staff committee shall set meeting dates with the stances. member in connection with the attendance approval of the chairman of the full commit- Mr. MENENDEZ in two instances. of hearings conducted by the committee and tee, with a view toward avoiding simulta- Mr. SABO. meetings, conferences, and investigations neous scheduling of committee and subunit which involve activities or subject matter meetings or hearings wherever possible. It Mr. WYDEN. under the general jurisdiction of the com- shall be the practice of the committee that Mr. OLVER. mittee. Before such authorization is given meetings of subunits not be scheduled to Mr. PASTOR. there shall be submitted to the chairman in occur simultaneously with meetings of the Ms. JACKSON-LEE. writing the following: full committee. In order to ensure orderly Mr. RAHALL. (1) The purpose of the travel; and fair assignment of hearing and meeting (The following Members (at the re- (2) The dates during which the travel will rooms, hearings and meetings should be ar- quest of Mr. LATHAM) and to include occur; ranged in advance with the chairman (3) The locations to be visited and the through the clerk of the committee. extraneous matter:) Mr. HORN in two instances. length of time to be spent in each; RULE NO. 17—OTHER PROCEDURES AND (4) The names of members and staff seek- REGULATIONS Mr. ROBERTS. ing authorization. The chairman of the full committee may Mr. PACKARD. (b)(1) In the case of travel outside the Unit- establish such other procedures and take Mr. CRANE. ed States of members and staff of the com- such actions as may be necessary to carry Mr. DAVIS. mittee for the purpose of conducting hear- out the foregoing rules or to facilitate the ef- Mr. GUNDERSON. ings, investigations, studies, or attending fective operation of the committee. Mr. GINGRICH. meetings and conferences involving activi- RULE NO. 18—DESIGNATION OF CLERK OF THE ties or subject matter under the legislative Mr. STUMP. COMMITTEE assignment of the committee, prior author- Mr. ROTH. ization must be obtained from the chairman. For the purposes of these rules and the Mr. RADANOVICH. Before such authorization is given, there Rules of the House of Representatives, the Mr. SMITH of New Jersey. shall be submitted to the chairman, in writ- staff director of the committee shall act as Mr. SCHAEFER. the clerk of the committee. ing, a request for such authorization. Each Mr. NEY. request, which shall be filed in a manner f (The following Members (at the re- that allows for a reasonable period of time quest of Mr. DAVIS) and to include ex- for review before such travel is scheduled to LEAVE OF ABSENCE traneous matter:) begin, shall include the following: By unanimous consent, leave of ab- Mr. SKAGGS. (A) the purpose of the travel; sence was granted to: (B) the dates during which the travel will Mr. DORNAN. Mr. YATES (at the request of Mr. GEP- occur; Mr. GALLEGLY. HARDT) for today on account of family (C) the names of the countries to be visited Mr. DAVIS. and the length of time to be spent in each; illness. (D) an agenda of anticipated activities for Mrs. LINCOLN (at the request of Mr. f each country for which travel is authorized GEPHARDT) for today on account of ill- together with a description of the purpose to ness. ADJOURNMENT be served and the areas of committee juris- f Mr. DAVIS. Mr. Speaker, I move that diction involved; and the House do now adjourn. (E) the names of members and staff for SPECIAL ORDERS GRANTED The motion was agreed to; accord- whom authorization is sought. (2) Requests for travel outside the United By unanimous consent, permission to ingly (at 4 o’clock and 54 minutes p.m.) States shall be initiated by the Chairman address the House, following the legis- under its previous order the House ad- and shall be limited to members and perma- lative program and any special orders journed until Monday, January 23, 1995, nent employees of the committee. heretofore entered, was granted to: at 12:30 p.m. January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 467 EXECUTIVE COMMUNICATIONS, By Mr. GREENWOOD: By Mr. MINGE: ETC. H.R. 605. A bill to amend the United States H.R. 614. A bill to direct the Secretary of Housing Act of 1937 to require certain legal the Interior to convey to the State of Min- Under clause 2 of rule XXIV, execu- aliens to reside in the United States for a pe- nesota the New London National Fish Hatch- tive communications were taken from riod of 5 consecutive years to be eligible for ery production facility; to the Committee on the Speaker’s table and referred as fol- a preference for occupancy in public housing Resources. lows: or for the provision of rental housing assist- By Mr. RAHALL: 188. A letter from the Under Secretary of ance; to the Committee on Banking and Fi- H.R. 615. A bill to amend the Black Lung Defense, transmitting a report of a violation nancial Services. Benefits Act to provide special procedures of the Anti-Definiciency Act which occurred By Mr. HALL of Ohio (for himself, Mr. for certain claims due to pneumoconiosis, in the Department of the Army, pursuant to HOBSON, and Mr. REGULA): and for other purposes; to the Committee on 31 U.S.C. 1517(b); to the Committee on Appro- H.R. 606. A bill to amend the Dayton Avia- Economic and Educational Opportunities. priations. tion Heritage Preservation Act of 1992, and By Mr. RANGEL: 189. A letter from the Secretary of Com- for other purposes; to the Committee on Re- H.R. 616. A bill to require the Secretary of merce, transmitting the Bureau of Export sources. the Treasury to redesign the $1 coin to com- Administration’s annual report for fiscal By Mr. KLUG (for himself, Mr. BLUTE, memorate Dr. Martin Luther King, Jr.; to year 1994 and the 1995 report on foreign pol- Mr. QUINN, Mr. EWING, Mr. RAMSTAD, the Committee on Banking and Financial icy export controls; to the Committee on Mr. ZELIFF, Mr. BILBRAY, and Mr. Services. International Relations. CONDIT): H.R. 617. A bill to provide for a program es- f H.R. 607. A bill to amend title 23, United tablished by a nongovernmental organiza- States Code, to eliminate penalties for non- tion under which Haitian-Americans would PUBLIC BILLS AND RESOLUTIONS compliance by States with requirements re- help the people of Haiti recover from the de- lating to the use of safety belts and motor- struction caused by the coup of December Under clause 5 of rule X and clause 4 1991; to the Committee on International Re- of rule XXII, public bills and resolu- cycle helmets, the national maximum speed limit, and the national minimum drinking lations. tions were introduced and severally re- age, and for other purposes; to the Commit- By Mr. ROBERTS (for himself, Mr. DE ferred as follows: tee on Transportation and Infrastructure. LA GARZA, Mr. EWING, and Mr. ROSE) By Mr. ANDREWS: By Mr. MEEHAN (for himself and Mr. (all by request): H.R. 597. A bill to amend the Agricultural HILLIARD): H.R. 618. A bill to extend the authorization Trade Act of 1978 to establish a condition on H.R. 608. A bill to amend the Public Health for appropriations for the Community Fu- the provision of assistance under the export Service Act to revise the filing deadline for tures Trading Commission through fiscal enhancement program for the export of certain claims under the National Vaccine year 2000; to the Committee on Agriculture. durum wheat; to the Committee on Agri- Injury Compensation Program; to the Com- By Mr. SABO: culture. mittee on Commerce. H.R. 619. A bill to amend the Fair Labor Standards Act of 1938 to increase the mini- By Mr. BREWSTER (for himself, Mr. By Mr. MEEHAN (for himself, Mr. ACK- mum wage; to the Committee on Economic DELAY, and Mr. FIELDS of Texas): ERMAN, Mr. MCDERMOTT, Mr. MILLER and Educational Opportunities. H.R. 598. A bill to guarantee the ability of of California, Mr. FILNER, Mrs. H.R. 620. A bill to increase the minimum licensed pharmacists to conduct the practice MALONEY, and Mr. BROWN of Califor- of pharmacy compounding and to ensure nia): wage and to deny employers a deduction for payments of excessive compensation; to the their right to the necessary supply of bulk H.R. 609. A bill to establish the National Committee on Economic and Educational drug products, subject to applicable State Commission on Gay and Lesbian Youth Sui- Opportunities, and in addition to the Com- and Federal laws; to the Committee on Com- cide Prevention; to the Committee on Com- mittee on Ways and Means, for a period to be merce. merce. By Mr. DEFAZIO (for himself, Mr. subsequently determined by the Speaker, in By Mr. MEEHAN: BUNN, Mr. DICKS, and Mr. WILLIAMS): each case for consideration of such provi- H.R. 610. A bill to prohibit States from dis- H.R. 599. A bill to provide for the recon- sions as fall within the jurisdiction of the criminating in the admission to the practice stitution of outstanding repayment obliga- committee concerned. of law of graduates of accredited and cer- tions of the Administrator of the Bonneville By Mr. SKAGGS: tified law schools; to the Committee on the Power Administration for the appropriated H.R. 621. A bill amend the act of January Judiciary. capital investments in the Federal Columbia 26, 1915, establishing Rocky Mountain Na- River Power System; to the Committee on By Mr. MENENDEZ (for himself, Mr. tional Park, to provide for the protection of Resources. DIAZ-BALART, Ms. ROS-LEHTINEN, Mr. certain lands in Rocky Mountain National By Mr. WYDEN: LIVINGSTON, Mr. TORRICELLI, Mr. Park and along North St. Vrain Creek and H.R. 600. A bill to allow States to use funds LANTOS, Mr. BURTON of Indiana, Mr. for other purposes; to the Committee on Re- to develop a system which increases the ex- ENGEL, Mrs. MEEK of Florida, Mr. sources. tent of consequences for juveniles repeatedly SMITH of New Jersey, Mr. WYNN, Mr. By Mr. STUDDS (for himself and Mr. found guilty of offenses and to construct, de- ZIMMER, Mr. GUTIERREZ, Mr. WILSON, YOUNG of Alaska): velop, expand, modify, operate, or improve Mr. HASTINGS of Florida, Mr. AN- H.R. 622. A bill to implement the Conven- ´ youth correctional facilities; to the Commit- DREWS, Mr. ROMERO-BARCELO, Mr. tion on Future Multilateral Cooperation in tee on the Judiciary. DEUTSCH, and Mr. KING): the Northwest Atlantic Fisheries; to the By Mr. FRANK of Massachusetts: H.R. 611. A bill to provide for assistance to Committee on Resources. H.R. 601. A bill to amend the Higher Edu- the people of Cuba once a transitional gov- By Mr. STUMP (for himself, Mr. MONT- cation Act of 1965 to revise certain provi- ernment is in power, and for other purposes; GOMERY, and Mr. SOLOMON): sions relating to audits of vocational institu- to the Committee on International Rela- H.R. 623. A bill amend the charter of the tions; to the Committee on Economic and tions, and in addition to the Committees on Veterans of Foreign Wars; to the Committee Educational Opportunities. Ways and Means, Banking and Financial on the Judiciary. By Mr. GALLEGLY: Services, and Agriculture, for a period to be By Mr. THOMAS: H.R. 602. A bill to reform the laws concern- subsequently determined by the Speaker, in H.R. 624. A bill amend section 8 of the ing territories and possessions; to the Com- each case for consideration of such provi- United States Housing Act of 1937 to permit mittee on Resources, and in addition to the sions as fall within the jurisdiction of the the Secretary of Housing and Urban Develop- Committees on Economic and Educational committee concerned. ment to reduce the maximum monthly rents Opportunities, the Judiciary, and Ways and By Mr. MENENDEZ: in effect for certain projects receiving assist- Means, for a period to be subsequently deter- H.R. 612. A bill to amend title XVI of the ance under such section to eliminate mate- mined by the Speaker, in each case for con- Social Security Act to require supplemental rial differences in the rents charged for simi- sideration of such provisions as fall within security income benefits to be provided in lar assisted and unassisted units in the same the jurisdiction of the committee concerned. the form of vouchers in the case of a disabled area; to the Committee on Banking and Fi- By Mr. GILLMOR: child who is not institutionalized and whose nancial Services. H.R. 603. A bill to authorize States to regu- disability is determined solely on the basis By Mrs. THURMAN (for herself, Ms. late certain solid waste; to the Committee of an individualized functional assessment; BROWN of Florida, Mr. CANADY of on Commerce. to the Committee on Ways and Means. Florida, Mr. DEUTSCH, Mr. FOLEY, H.R. 604. A bill to amend section 13031 of By Mr. MENENDEZ: Mrs. FOWLER, Mr. GOSS, Mr. HAST- the Consolidated Omnibus Budget Reconcili- H.R. 613. A bill to amend the Internal Rev- INGS of Florida, Mr. JOHNSTON of ation Act of 1985—relating to fees for certain enue Code of 1986 to impose penalties on self- Florida, Mrs. MEEK of Florida, Mr. customs services—to create an exemption dealing between certain tax-exempt organi- PETERSON of Florida, Mr. from fees for certain small aircraft traveling zations and disqualified persons, and for SCARBOROUGH, Mr. SHAW, Mr. short distances; to the Committee on Ways other purposes; to the Committee on Ways STEARNS, and Mr. WELDON of Flor- and Means. and Means. ida): H 468 CONGRESSIONAL RECORD — HOUSE January 20, 1995

H.R. 625. A bill to amend title XIX of the VUCANOVICH, Mr. SHAYS, Mr. CALLAHAN, Mr. Ms. ESHOO, Mr. BARRETT of Nebraska, Mr. Social Security Act to improve the Federal QUINN, Mr. COX, Mr. HALL of Texas, Mr. BROWN of Ohio, Mr. DEFAZIO, Mr. HEFNER, medical assistance percentage used under MCKEON, Mr. SPENCE, Mr. MOORHEAD, Mr. Miss COLLINS of Michigan, Mr. MORAN, Mr. the Medicaid Program, and for other pur- CHRYSLER, Mr. BATEMAN, Mr. COBLE, Mr. HUNTER, Mr. COOLEY, Mr. ZELIFF, Mr. poses; to the Committee on Commerce. COLLINS of Georgia, Mr. HEINEMAN, Mr. LARGENT, Mr. BONO, Mr. DOYLE, Mr. KLINK, By Mr. GUTIERREZ: LUCAS, Mr. LAHOOD, Mr. SENSENBRENNER, Mr. TORRICELLI, Mr. NADLER, Mr. MURTHA, H. Con. Res. 15. Concurrent resolution ex- Mr. PAXON, Mr. MCHUGH, Mr. ROHRABACHER, Mr. PARKER, Ms. ROYBAL-ALLARD, Ms. pressing the sense of Congress that a Mem- Mr. SCARBOROUGH, Mr. KOLBE, Mr. TAYLOR of PELOSI, Ms. WATERS, Mr. TORRES, Mr. ber of Congress should be treated to no spe- North Carolina, Mr. FOLEY, Mr. ROGERS, Mr. COSTELLO, Mr. KANJORSKI, Mrs. MEEK of cial retirement benefits than those afforded SHUSTER, Mr. INGLIS of South Carolina, Ms. Florida, Mr. POMBO, Mr. ABERCROMBIE, Mr. to any employee of the Federal Government; PRYCE, and Mr. BURR. RICHARDSON, Mr. MONTGOMERY, Mr. DORNAN, to the Committee on Government Reform H.R. 125: Mr. BALLENGER, Mr. DOOLITTLE, Mrs. CHENOWETH, Mr. QUILLEN, Mr. TAUZIN, and Oversight. Mr. THORNBERRY, Mr. MCINNIS, Mrs. MEYERS Mr. CALLAHAN, Mr. LIVINGSTON, Mr. WATT of By Mr. HASTERT: of Kansas, and Ms. DANNER. North Carolina, Mr. BURTON of Indiana, Mr. H. Res. 41. Resolution designating majority H.R. 127: Mr. HOLDEN, Mr. TRAFICANT, Mr. CONDIT, Mr. VOLKMER, Mr. SOLOMON, Mr. membership to the Committee on Standards GEJDENSON, Mr. COYNE, Mr. ACKERMAN, Mrs. WALKER, Mr. MCINNIS, Mr. TAYLOR of Mis- of Official Conduct; considered and agreed MORELLA, Mr. ROMERO-BARCELO´ , Mrs. MEEK sissippi, Mr. EMERSON, Mrs. CLAYTON, Mr. to. of Florida, and Mr. KLINK. TOWNS, Ms. BROWN of Florida, Mr. MASCARA, By Mr. VOLKMER: H.R. 139: Mr. SMITH of New Jersey. Mr. KINGSTON, Mr. CHAMBLISS, Mr. BARTON of H. Res. 42. Resolution designating majority H.R. 142: Mr. NEY and Mr. MONTGOMERY. Texas, Mrs. THURMAN, Mr. STUPAK, Mr. MIL- membership to the Committee on Standards H.R. 216: Mr. DOOLITTLE, Mr. PACKARD, Mr. LER of California, Mr. BLILEY, Mr. MARTINEZ, of Official Conduct; considered and agreed POSHARD, Mr. EMERSON, Mr. TORKILDSEN, Ms. Mr. ENGEL, Mrs. COLLINS of Illinois, Mr. to. PRYCE, Mr. NEY, Mr. ROYCE, Mr. FOX, Mr. MFUME, Mr. ACKERMAN, Mr. TANNER, Mr. FORBES, Mr. SAXTON, and Mr. DORNAN. f ROSE, Mr. HASTINGS of Florida, Mr. RUSH, H.R. 218: Mr. ALLARD and Mr. CHRYSLER. Mr. ROEMER, Mr. VISCLOSKY, Mr. STENHOLM, PRIVATE BILLS AND H.R. 240: Mr. RAHALL. Mr. PALLONE, Mr. LIPINSKI, Mr. MINETA, Ms. H.R. 259: Mr. ALLARD and Mr. CHRYSLER. RESOLUTIONS MCKINNEY, Mr. RIGGS, Mr. BORSKI, Mr. H.R. 304: Mr. GALLEGLY, Mr. BONO, Mr. ORTIZ, and Ms. EDDIE BERNICE JOHNSON of Under clause 1 of rule XXII, private BAKER of California, Mr. MCKEON, Mr. Texas. ILBRAY ORN ADANOVICH bills and resolutions were introduced B , Mr. H , Mr. R , Mr. H.R. 450: Mr. THORNBERRY, Mr. BARCIA of LEWIS of California, Mr. RIGGS, Mr. MOOR- and severally referred as follows: Michigan, Mr. BARTLETT of Maryland, Mr. HEAD, Mr. DOOLEY, Mr. ROHRABACHER, Mr. By Mr. MCDERMOTT: GALLEGLY, Mr. HOSTETTLER, Mr. PETE GEREN CONDIT, and Mr. THOMAS. H.R. 626. A bill to authorize the Secretary of Texas, Mr. BAKER of Louisiana, Ms. H.R. 311: Mr. RAMSTAD and Mrs. THURMAN. of Transportation to issue a certificate of DANNER, Ms. PRYCE, Mr. INGLIS of South H.R. 338: Mr. CUNNINGHAM, Mr. GEJDENSON, documentation with appropriate endorse- Carolina, Mr. SENSENBRENNER, Mr. SKEEN, and Mr. KLECZKA. ment for employment in the coastwise trade and Mr. LATOURETTE. H.R. 339: Mr. BEILENSON, Mr. CUNNINGHAM, H.R. 452: Mr. LIPINSKI. for the vessel L.R. Beattie; to the Committee and Mr. EMERSON. H.R. 481: Mr. WELDON of Florida. on Transportation and Infrastructure. H.R. 341: Mr. CUNNINGHAM, Mr. EMERSON, H.R. 485: Mr. ROHRABACHER, Mr. SAXTON, H.R. 627. A bill to authorize the Secretary and Mr. HANCOCK. and Mr. PACKARD. of Transportation to issue a certificate of H.R. 357: Mr. KANJORSKI, Mr. GENE GREEN H.R. 488: Mrs. MEYERS of Kansas, Mr. documentation with appropriate endorse- of Texas, Mr. ACKERMAN, Mr. BARRETT of MCHALE, and Mr. STUPAK. ment for employment in the coastwise trade Wisconsin, Mr. HALL of Ohio, and Mr. SABO. H.R. 495: Mr. NEY, Mr. DELAY, Mr. for the vessel Tecumseh; to the Committee on H.R. 359: Mr. CONDIT, Mr. PARKER, Mr. MCHUGH, Mr. SENSENBRENNER, and Mr. PACK- Transportation and Infrastructure. PETE GEREN of Texas, Mr. TORRES, Mr. ARD. f KNOLLENBERG, Mr. SMITH of Michigan, Mr. H.R. 519: Mr. FORBES. CANADY, and Mr. MURTHA. H.J. Res. 6: Mr. TATE, Mr. ZIMMER, Mr. ADDITIONAL SPONSORS H.R. 370: Mr. EVERETT, Mr. WELLER, MR. ENGLISH of Pennsylvania, Mr. BONO, Ms. CANADY, Mr. LIGHTFOOT, Mr. SAM JOHNSON, Under clause 4 of rule XXII, sponsors MOLINARI, and Mr. DELAY. Mr. PACKARD, Mr. BLILEY, Mr. BAKER of Cali- were added to public bills and resolu- H.J. Res. 14: Mr. BURTON of Indiana. fornia, Mr. HANCOCK, Mr. CRANE, Mr. SKEEN, ARCIA tions as follows: Mr. POMBO, Mr. BURTON of Indiana, Mr. COX, H.J. Res. 53: Mr. B of Michigan, Mr. H.R. 5: Mr. SHAW and Mrs. LINCOLN. Mr. BUNNING of Kentucky, Mr. TAYLOR of BORSKI, and Ms. ESHOO. H.R. 13: Mr. BONO, Mr. CHRYSLER, Mr. North Carolina, Mr. MCKEON, Mr. SOLOMON, H.J. Res. 55: Mr. LIPINSKI and Mr. STUPAK. FOLEY, Mr. FRANKS of Connecticut, Mr. SAM Ms. DUNN of Washington, Mr. LEWIS of Cali- H. Res. 15: Mr. OLVER and Mr. ENGLISH of JOHNSON, Mr. MCKEON, Mr. MICA, and Mr. fornia, Mr. HERGER, Mr. COMBEST, Mr. Pennsylvania. SCHAEFER. GILCHREST, Mr. GALLEGLY, Mr. SAXTON, Mr. H. Res. 33: Mr. SAWYER, Ms. EDDIE BERNICE H.R. 26: Mr. SANFORD, Ms. LOFGREN, Mr. BARTON of Texas, Mr. HASTERT, Mr. COBLE, JOHNSON of Texas, Ms. KAPTUR, Mr. LIGHTFOOT, Ms. PRYCE, Ms. DANNER, Ms. RIV- Mrs. CUBIN, Mr. CALLAHAN, Mr. HANSEN, Mr. HILLIARD, Mr. MARTINEZ, Mrs. MALONEY, Mr. ERS, Mr. JOHNSTON of Florida, Mr. SAXTON, YOUNG of Alaska, Mr. SALMON, Mrs. VUCANO- FATTAH, Mr. SANDERS, Mr. FARR, and Mr. Mr. MARTINEZ, and Mr. KLUG. VICH, Mr. DOOLITTLE, Mr. HUTCHINSON, Mr. LANTOS. H.R. 28: Mr. SAXTON, Mr. PACKARD, and Mr. DELAY, Mr. ROBERTS, Mr. HYDE, Mr. HOBSON, f CANADY. Mr. TALENT, Mr. WAMP, Mr. HEFLEY, Mr. H.R. 52: Mr. FALEOMAVAEGA, Mr. OBEY, and MOORHEAD, Mr. HAYWORTH, Mr. MYERS of In- DELETIONS OF SPONSORS FROM Mr. MFUME. diana, Mr. CHAMBLISS, Mr. GRAHAM, Mr. HUN- PUBLIC BILLS AND RESOLUTIONS H.R. 58: Mr. FORBES, Mr. KNOLLENBERG, Mr. TER, Mr. STEARNS, Mr. SPENCE, Mr. COOLEY, MCHUGH, Mr. PETE GEREN of Texas, Mr. Mr. LEWIS of Kentucky, Mr. COLLINS of Geor- Under clause 4 of rule XXII, sponsors HILLIARD, Mr. ROYCE, Mr. BARTLETT of Mary- gia, Mr. HORN, Mr. BALLENGER, Mr. DUNCAN, were deleted from public bills and reso- land, Mr. EMERSON, Mr. SAXTON, and Mr. Mr. PORTMAN, Mr. KINGSTON, Mr. JONES, Mr. lutions as follows: FOX. SHADEGG, Mr. FIELDS of Texas, Mr. WALKER, H.R. 38: Mr. MONTGOMERY. H.R. 62: Mr. LAHOOD, Ms. MOLINARI, Mr. Mr. LIVINGSTON, and Mr. CRAPO. H.R. 259: Mr. RANGEL. FORBES, Mr. MCCRERY, Mr. SAXTON, Mr. SEN- H.R. 385: Mr. BARRETT of Wisconsin. SENBRENNER, Mr. PACKARD, and Mr. PARKER. H.R. 387: Mr. WELLER and Mr. DOOLITTLE. f H.R. 70: Mr. ENGLISH of Pennsylvania. H.R. 388: Mr. DELLUMS, Mr. HILLIARD, and H.R. 77: Mr. WELDON of Florida, Mrs. Mr. FILNER. AMENDMENTS SEASTRAND, and Ms. ESHOO. H.R. 390: Mr. ROBERTS, Mr. CLINGER, Mr. H.R. 104: Mr. SOLOMON, Mr. FATTAH, Ms. RAHALL, Mr. SCHAEFER, Mr. LIGHTFOOT, Mr. Under clause 6 of rule XXIII, pro- PRYCE, and Mr. ZIMMER. GILMAN, Mr. COBLE, Mr. GILLMOR, Mr. DUN- posed amendments were submitted as H.R. 118: Mr. DORNAN, Mrs. MYRICK, Mr. CAN, Mr. HOBSON, Mr. STEARNS, Mr. YOUNG of follows: HOLDEN, Mr. FOX, Mr. PETE GEREN of Texas, Alaska, Mr. LEWIS of California, Mr. SKEEN, H.R. 5 Mr. PAXON, Mr. STUMP, and Mr. QUINN. Ms. DUNN of Washington, Mrs. ROUKEMA, Mr. H.R. 120: Mr. KING and Mr. UNDERWOOD. HANCOCK, Mr. HAYES, Mr. WILSON, Mr. OFFERED BY: MR. FIELDS OF LOUISIANA H.R. 123: Mr. GOODLATTE, Mr. WELLER, Mr. ROHRABACHER, Mr. JONES, Mrs. SCHROEDER, AMENDMENT NO. 151: In section 4, strike ROYCE, Mr. OXLEY, Mr. PAYNE of Virginia, Mr. HAYWORTH, Mr. HOLDEN, Mr. THOMPSON, ‘‘or’’ after the semicolon at the end of para- Mr. BLILEY, Mr. BEREUTER, Mr. TAYLOR of Mr. BOEHLERT, Mr. PETERSON of Minnesota, graph (6), strike the period at the end of Mississippi, Mr. HASTERT, Mr. BARTLETT of Mr. WYNN, Mr. LINDER, Mr. DAVIS, Mr. paragraph (7) and insert ‘‘; or’’, and after Maryland, Mr. WELDON of Pennsylvania, Mr. PAXON, Mr. SHAYS, Mr. UPTON, Mr. WAMP, paragraph (7) add the following new para- NORWOOD, Mr. BAKER of California, Mrs. Mr. CLYBURN, Mr. DICKEY, Mr. CHRISTENSEN, graph: January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 469

(8) establishes standards for the education (E) consolidating or simplifying unfunded (b) STAFF OF FEDERAL AGENCIES.—Upon re- or safety of students in elementary or sec- Federal mandates, or the planning or report- quest of the Executive Director of the Advi- ondary public schools. ing requirements of such mandates, in order sory Commission, the head of any Federal H.R. 5 to reduce duplication and facilitate compli- department of agency may detail, on a reim- ance by State, local, and tribal governments bursable basis, any of the personnel of that OFFERED BY: MR. FIELDS OF LOUISIANA with those mandates; department or agency to the Advisory Com- AMENDMENT NO. 152: In section 301, in the (F) establishing common Federal defini- mission to assist it in carrying out its duties proposed section 422 of the Congressional tions or standards to be used by State, local, under this title. Budget Act of 1974, strike ‘‘or’’ after the and tribal governments in complying with (c) ADMINISTRATIVE SUPPORT SERVICES.— semicolon at the end of paragraph (6), strike unfunded Federal mandates that use dif- Upon the request of the Advisory Commis- the period at the end of paragraph (7) and in- ferent definitions or standards for the same sion, the Administrator of General Services sert ‘‘; or’’, and after paragraph (7) add the terms or principles; and shall provide to the Advisory Commission, following new paragraph: (G) establishing procedures to ensure that, on a reimbursable basis, the administrative ‘‘(8) establishes standards for the education in cases in which a Federal private sector support services necessary for the Advisory or safety of students in elementary or sec- mandate applies to private sector entities Commission to carry out its duties under ondary public schools. which are competing directly or indirectly this title. H.R. 5 with States, local governments, or tribal (d) CONTRACT AUTHORITY.—The Advisory OFFERED BY: MR. GREEN governments for the purpose of providing Commission may, subject to appropriations, AMENDMENT NO. 153: In section 4, strike substantially similar goods or services to the contract with and compensate Government ‘‘or’’ after the semicolon at the end of para- public, any relief from unfunded Federal and private agencies or persons for property graph (6), strike the period at the end of mandates is applied in the same manner and and services used to carry out its duties paragraph (7) and insert ‘‘; or’’, and after to the same extent to the private sector enti- under this title. paragraph (7) add the following new para- ties as it is to the States, local governments, SEC. 103. DEFINITION. graph: and tribal governments with which they In this title: (8) regulates the licensing, construction, or compete. (1) ADVISORY COMMISSION.—The term ‘‘Ad- operation of nuclear reactors or the disposal Each recommendation under paragraph (2) visory Commission’’ means the Advisory of nuclear waste. shall, to the extent practicable, identify the Commission on Intergovernmental Rela- H.R. 5 specific unfunded Federal mandates to which tions. the recommendation applies. OFFERED BY: MS. JACKSON-LEE (2) FEDERAL MANDATE.—The term ‘‘Federal (b) CRITERIA.— mandate’’ means any provision in statute or AMENDMENT NO. 154: In section 4, strike (1) IN GENERAL.—The Advisory Commission regulation or any Federal court ruling that ‘‘or’’ after the semicolon at the end of para- shall establish criteria for making rec- imposes an enforceable duty upon States, graph (6), strike the period at the end of ommendations under subsection (a). local governments, or tribal governments in- paragraph (7) and insert ‘‘; or’’, and after (2) ISSUANCE OF PROPOSED CRITERIA.—The cluding a condition of Federal assistance or paragraph (7) add the following new para- Advisory Commission shall issue proposed a duty arising from participation in a vol- graph: criteria under this subsection not later than untary Federal program. (8) is necessary to protect against hunger 60 days after the date of the enactment of H.R. 5 or homelessness. this Act, and thereafter provide a period of H.R. 5 30 days for submission by the public of com- OFFERED BY: MR. SANDERS OFFERED BY: MS. JACKSON-LEE ments on the proposed criteria. AMENDMENT NO. 157: Insert the following AMENDMENT NO. 155: In section 4, strike (3) FINAL CRITERIA.—Not later than 45 days new paragraphs at the end of the proposed ‘‘or’’ after the semicolon at the end of para- after the date of issuance of proposed cri- section 424(a) of the Congressional Budget graph (6), strike the period at the end of teria, the Advisory Commission shall— Act of 1974: paragraph (7) and insert ‘‘; or’’, and after (A) consider comments on the proposed cri- ‘‘(5) CONSIDERATION OF COST SAVINGS FROM paragraph (7) add the following new para- teria received under paragraph (2); FEDERAL MANDATES.—For each bill or joint graph: (B) adopt and incorporate in final criteria resolution of a public character reported by (8) pertains to Medicaid. any recommendations submitted in those any committee that establishes, modifies, or comments that the Advisory Commission de- repeals a Federal mandate, the Director H.R. 5 termines will aid the Advisory Commission shall prepare and submit to the committee a OFFERED BY: MR. SCHIFF in carrying out its duties under this section; statement describing the cost savings that AMENDMENT NO. 156: Amend title I to read and would accrue to the private and public sec- as follows: (C) issue final criteria under this sub- tors from such Federal mandate, including TITLE I—REVIEW OF UNFUNDED section. long and short term health care and environ- FEDERAL MANDATES (c) PRELIMINARY REPORT.— mental cost savings. Such statements shall (1) IN GENERAL.—Not later than 9 months include a quantitative assessment of such SEC. 101. REPORT ON UNFUNDED FEDERAL MAN- DATES BY ADVISORY COMMISSION after the date of the enactment of this Act, cost savings to the extent practicable. ON INTERGOVERNMENTAL RELA- the Advisory Commission shall— ‘‘(6) CONSIDERATION OF BENEFITS OF FED- TIONS. (A) prepare and publish a preliminary re- ERAL MANDATES.—For each bill or joint reso- (a) IN GENERAL.—The Advisory Commis- port on its activities under this title, includ- lution of a public character reported by any sion shall in accordance with this section— ing preliminary recommendations pursuant committee that establishes, modifies, or re- (1) investigate and review the role of un- to subsection (a); peals a Federal mandate, the Director shall funded Federal mandates in intergovern- (B) publish in the Federal Register a notice prepare and submit to the committee a mental relations and their impact on State, of availability of the preliminary report; and statement describing the benefits of such local, tribal, and Federal Government objec- (C) provide copies of the preliminary re- Federal mandate, including benefits to tives and responsibilities, and their impact port to the public upon request. human health, welfare, the environment, and on the competitive balance between States, (2) PUBLIC HEARINGS.—The Advisory Com- the economy. Such statement shall include a local and tribal governments, and the pri- mission shall hold public hearings on the quantitative assessment of such benefits to vate sector; and preliminary recommendations contained in the extent practicable. (2) make recommendations to the Presi- the preliminary report of the Advisory Com- H.R. 5 dent and the Congress regarding— mission under this subsection. OFFERED BY: MR. SKAGGS (A) allowing flexibility for State, local, (d) FINAL REPORT.—Not later than 3 and tribal governments in complying with months after the date of the publication of AMENDMENT NO. 158: In paragraph (4) of specific unfunded Federal mandates for the preliminary report under subsection (c), section 202(a), insert before ‘‘the effect’’ the which terms of compliance are unnecessarily the Advisory Commission shall submit to the following: ‘‘estimates by the agency, if and rigid or complex; Congress, including the Committee on Gov- to the extent that the agency determines (B) reconciling any 2 or more unfunded ernment Reform and Oversight of the House that accurate estimates are reasonably fea- Federal mandates which impose contradic- of Representatives and the Committee on sible, of’’. tory or inconsistent requirements; Governmental Affairs of the Senate, and to H.R. 5 (C) terminating unfunded Federal man- the President a final report on the findings, OFFERED BY: MR. SKAGGS dates which are duplicative, obsolete, or conclusions, and recommendations of the Ad- lacking in practical utility; visory Commission under this section. AMENDMENT NO. 159: At the end of title II (D) suspending, on a temporary basis, un- SEC. 102. SPECIAL AUTHORITIES OF ADVISORY add the following: funded Federal mandates which are not vital COMMISSION. SEC. 206. DEFINITION. to public health and safety and which (a) EXPERTS AND CONSULTANTS.—The Advi- As used in this title, the term ‘‘Federal compound the fiscal difficulties of State, sory Commission may procure temporary mandate’’ does not include a Federal inter- local, and tribal governments, including rec- and intermittent services of experts or con- governmental mandate which imposes an en- ommendations for triggering such suspen- sultants under section 3109(b) of title 5, Unit- vironmental standard upon the activities of sion; ed States Code. a State, local, or tribal government and H 470 CONGRESSIONAL RECORD — HOUSE January 20, 1995

which imposes the same standard on any fifths of the whole number of each House of ‘‘SECTION 3. Congress may waive the provi- similar activities of the private sector. Congress shall have passed a bill approving sions of this Article for any fiscal year in H.R. 5 such increase and such bill has become law. which a declaration of war is in effect. The OFFERED BY: MR. SKAGGS ‘‘SECTION 7. All votes taken by the House provisions of this Article may be waived for of Representatives or the Senate under this any fiscal year in which the United States AMENDMENT NO. 160: Paragraph (4)(A)(i) of Article shall be rollcall votes. the proposed section 421 of the Congressional faces an imminent and serious military ‘‘SECTION 8. Congress shall enforce and im- Budget Act of 1974 is amended by striking threat to national security and is so declared plement this Article by appropriate legisla- ‘‘or’’ at the end of subclause (I) and by add- by a joint resolution, adopted by a majority tion. ing after subclause (II) the following new of the whole number of each House, which ‘‘SECTION 9. This Article shall take effect subclause: become law. for the fiscal year 2002 or for the second fis- (III) an environmental standard which ap- ‘‘SECTION 4. Total receipts shall include all cal year beginning after its ratification, plies to the activities of a State, local, or receipts of the United States except those tribal government and which applies equally whichever is later.’’. derived from borrowing and total outlays to any similar activities of the private sec- H.J. RES. 1 shall include all outlays of the United States tor; or OFFERED BY: MR. CONYERS except those for the repayment of debt prin- H.R. 5 AMENDMENT NO. 23: At the end, strike the cipal. Total receipts shall not include re- OFFERED BY: MR. VENTO closing quotation marks and the periods and ceipts (including attributable interest) for the financing of benefits and administrative AMENDMENT NO. 161: In section 301(2), in insert the following as a perfecting amend- expenses of the Federal Old-Age and Survi- the matter proposed to be added as a new ment to whichever substitute version may be vors Insurance Trust Fund and the Federal section 422 to the Congressional Budget Act adopted: of 1974, strike ‘‘or’’ after the semicolon at , if Congress agreed to a concurrent resolu- Disability Insurance Trust Fund, or any suc- the end of paragraph (6), strike the period at tion setting forth a budget plan to achieve a cessor funds, and total outlays shall not in- the end of paragraph (7) and insert ‘‘; or’’, balanced budget not later than that fiscal clude outlays for disbursements of the Fed- and at the end add the following new para- year as follows: eral Old-Age and Survivors Insurance Trust graph: ‘‘(1) A budget for each fiscal year beginning Fund for benefits and administrative ex- (8) applies to life threatening public health with fiscal year 1996 and ending with that penses and the Federal Disability Insurance and safety matters. first fiscal year (required by this article) Trust Fund for benefits and administrative H.J. RES. 1 containing— expenses, or any successor funds. The re- ceipts and outlays referred to in the preced- OFFERED BY: MR. BARTON OF TEXAS ‘‘(A) aggregate levels of new budget au- thority, outlays, revenues, and the deficit or ing sentence shall be limited to receipts and AMENDMENT NO. 22: Strike all after the re- surplus; outlays that provide old-age and survivor solving clause and insert the following: ‘‘(B) totals of new budget authority and cash benefits for individuals based upon their That the following article is proposed as an outlays for each major functional category; earnings and dependents of such earners or amendment to the Constitution of the Unit- ‘‘(C) new budget authority and outlays, on provide disability cash benefits for disabled ed States, which shall be valid to all intents an account-by-account basis, for each ac- individuals based upon their earnings and de- and purposes as part of the Constitution count with actual outlays or offsetting re- pendents of such earners. when ratified by the legislatures of three- ceipts of at least $100,000,000 in fiscal year ‘‘SECTION 5. The amount of the debt of the fourths of the several States within seven 1994; and United States held by the public as of the years after the date of its submission for ‘‘(D) an allocation of Federal revenues date this Article takes effect shall become a ratification: among the major sources of such revenues. permanent limit on such debt and there shall ‘‘ARTICLE— ‘‘(2) A detailed list and description of be no increase in such amount unless three- ‘‘SECTION 1. Prior to each fiscal year, Con- changes in Federal law (including laws au- fifths of the hole number of each House of gress shall, by law, adopt a statement of re- thorizing appropriations or direct spending Congress shall have passed a bill approving ceipts and outlays for such fiscal year in and tax laws) required to carry out the plan such increase and such bill has become law. which total outlays are not greater than and the effective date of each such change. ‘‘SECTION 6. All votes taken by the House total receipts. Congress may, by law, amend ‘‘(3) Reconciliation directives to the appro- of Representatives or the Senate under this that statement provided revised outlays are priate committees of the House of Represent- article shall be roll-call votes. not greater than revised receipts. Congress atives and Senate instructing them to sub- ‘‘SECTION 7. Congress shall enforce and im- may provide in that statement for a specific mit legislative changes to the Committee on plement this Article by appropriate legisla- excess of outlays over receipts by a vote di- the Budget of the House or Senate, as the tion. case may be, to implement the plan set forth rected solely to that subject in which three- ‘‘SECTION 8. This Article shall take effect in the concurrent resolution.’’. fifths of the whole number of each House for the fiscal year 2002 or for the second fis- agree to such excess. Congress and the Presi- H.J. RES. 1 cal year beginning after its ratification, dent shall ensure that actual outlays do not OFFERED BY: MR. CONYERS whichever is later, if Congress agreed to a exceed the outlays set forth in such state- AMENDMENT NO. 24: Strike all after the re- concurrent resolution setting forth a budget ment. solving clause and insert the following: plan to achieve a balanced budget not later ‘‘SECTION 2. No bill to increase tax revenue than that fiscal year as follows: shall become law unless approved by a three- That the following article is proposed as an amendment to the Constitution of the Unit- ‘‘(1) A budget for each fiscal year beginning fifths majority of the whole number of each with fiscal year 1996 and ending with that House of Congress. ed States, which shall be valid to all intents and purposes as part of the Constitution first fiscal year (required by this article) ‘‘SECTION 3. Prior to each fiscal year, the containing— President shall transmit to Congress a pro- when ratified by the legislatures of three- ‘‘(A) aggregate levels of new budget au- posed statement of receipts and outlays for fourths of the several States within seven thority, outlays, revenues, and the deficit or such fiscal year consistent with the provi- years after the date of its submission for surplus; sions of this Article. ratification: ‘‘(B) totals of new budget authority and ‘‘SECTION 4. Congress may waive the provi- ‘‘ARTICLE— outlays for each major functional category; sions of this Article for any fiscal year in ‘‘SECTION 1. Prior to each fiscal year, Con- which a declaration of war is in effect. The gress shall, by law, adopt a statement of re- ‘‘(C) new budget authority and outlays, on provisions of this Article may be waived for ceipts and outlays for such fiscal year in an account-by-account basis, for each ac- any fiscal year in which the United States which total outlays are not greater than count with actual outlays or offsetting re- faces an imminent and serious military total receipts. Congress may, by law, amend ceipts of at least $100,000,000 in fiscal year threat to national security and is so declared that statement provided revised outlays are 1994; and by a joint resolution, adopted by a majority not greater than revised receipts. Congress ‘‘(D) an allocation of Federal revenues of the whole number of each House, which may provide in that statement for a specific among the major sources of such revenues. becomes law. excess of outlays over receipts by a vote di- ‘‘(2) A detailed list and description of ‘‘SECTION 5. Total receipts shall include all rected solely to that subject in which three- changes in Federal law (including laws au- receipts of the United States except those fifths of the whole number of each House thorizing appropriations or direct spending derived from borrowing and total outlays agree to such excess. Congress and the Presi- and tax laws) required to carry out the plan shall include all outlays of the United States dent shall ensure that actual outlays do not and the effective date of each such change. except those for the repayment of debt prin- exceed the outlays set forth in such state- ‘‘(3) Reconciliation directives to the appro- cipal. ment. priate committees of the House of Represent- ‘‘SECTION 6. The amount of the debt of the ‘‘SECTION 2. Prior to each fiscal year, the atives and Senate instructing them to sub- United States held by the public as of the President shall transmit to Congress a pro- mit legislative changes to the Committee on date this Article takes effect shall become a posed statement of receipts and outlays for the Budget of the House or Senate, as the permanent limit on such debt and there shall such fiscal year consistent with the provi- case may be, to implement the plan set forth be no increase in such amount unless three- sions of this Article. in the concurrent resolution.’’. January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 471

H.J. RES. 1 ‘‘(A) aggregate levels of new budget au- shall include all outlays of the United States thority, outlays, revenues, and the deficit or except those for the repayment of debt prin- OFFERED BY: MR. CONYERS surplus; cipal. Total receipts shall not include re- AMENDMENT NO. 25: Strike all after the re- ‘‘(B) totals of new budget authority and ceipts (including attributable interest) for solving clause and insert the following: outlays for each major functional category; the financing of benefits and administrative That the following article is proposed as an ‘‘(C) new budget authority and outlays, on expenses of the Federal Old-Age and Survi- amendment to the Constitution of the Unit- an account-by-account basis, for each ac- vors Insurance Trust Fund and the Federal ed States, which shall be valid to all intents count with actual outlays or offsetting re- Disability Insurance Trust Fund, or any suc- and purposes as part of the Constitution ceipts of at least $100,000,000 in fiscal year cessor funds, and total outlays shall not in- when ratified by the legislatures of three- 1994; and clude outlays for disbursements of the Fed- fourths of the several States within seven ‘‘(D) an allocation of Federal revenues eral Old-Age and Survivors Insurance Trust years after the date of its submission for among the major sources of such revenues. Fund for benefits and administrative ex- ratification. ‘‘(2) A detailed list and description of penses and the Federal Disability Insurance changes in Federal law (including laws au- Trust Fund for benefits and administrative ‘‘ARTICLE — thorizing appropriations or direct spending expenses, or any successor funds. The re- ‘‘SECTION 1. Prior to each fiscal year, Con- and tax laws) required to carry out the plan ceipts and outlays referred to in the preced- gress shall, by law, adopt a statement of re- and the effective date of each such change. ing sentence shall be limited to receipts and ceipts and outlays for such fiscal year in ‘‘(3) Reconciliation directives to the appro- outlays that provide old-age and survivor which total outlays are not greater than priate committees of the House of Represent- cash benefits for individuals based upon their total receipts. Congress may, by law, amend atives and Senate instructing them to sub- earnings and dependents of such earners or that statement provided revised outlays are mit legislative changes to the Committee on provide disability cash benefits for disabled not greater than revised receipts. Congress the Budget of the House or Senate, as the individuals based upon their earnings and de- may provide in that statement for a specific case may be, to implement the plan set forth pendents of such earners. excess of outlays over receipts by a vote di- in the concurrent resolution.’’. ‘‘SECTION 6. The amount of the debt of the rected solely to that subject in which a ma- H.J. RES. 1 United States held by the public as of the jority of the whole number of each House OFFERED BY: MR. FATTAH date this Article takes effect shall become a agree to such excess. Congress and the Presi- AMENDMENT NO. 26: At the end of section 4 permanent limit on such debt and there shall dent shall ensure that actual outlays do not add the following: be no increase in such amount unless three- exceed the outlays set forth in such state- fifths of the whole number of each House of ‘‘The provisions of this Article may also be ment. Congress shall have passed a bill approving waived for any fiscal year in which the Unit- ‘‘SECTION 2. Prior to each fiscal year, the such increase and such bill has become law. ed States experiences a disaster from natural President shall transmit to Congress a pro- ‘‘SECTION 7. All votes taken by the House causes or from causes resulting from the posed statement of receipts and outlays for of Representatives or the Senate under this decay of the nation’s fiscal or social infra- such fiscal year consistent with the provi- Article shall be rollcall votes. structure and is so declared by a joint reso- sions of this Article. ‘‘SECTION 8. Congress shall enforce and im- lution, adopted by a majority of the whole ‘‘SECTION 3. Congress may waive the provi- plement this Article by appropriate legisla- number of each House, which becomes law.’’ sions of this Article for any fiscal year in tion. which a declaration of war is in effect. The H.J. RES. 1 ‘‘SECTION 9. This Article shall take effect provisions of this Article may be waived for OFFERED BY: MR. FRANK OF MASSACHUSETTS for the fiscal year 2002 or for the second fis- any fiscal year in which the United States AMENDMENT NO. 27: Strike all after the re- cal year beginning after its ratification, faces an imminent and serious military solving clause and insert the following: whichever is later.’’. threat to national security and is so declared by a joint resolution, adopted by a majority That the following article is proposed as an H.J. RES. 1 of the whole number of each House, which amendment to the Constitution of the Unit- OFFERED BY: MR. FOGLIETTA becomes law. ed States, which shall be valid to all intents and purposes as part of the Constitution AMENDMENT NO. 28: Strike all after the re- ‘‘SECTION 4. Total receipts shall include all when ratified by the legislatures of three- solving clause and insert the following: receipts of the United States except those That the following article is proposed as an derived from borrowing and total outlays fourths of the several States within seven years after the date of its submission for amendment to the Constitution of the Unit- shall include all outlays of the United States ed States, which shall be valid to all intents except those for the repayment of debt prin- ratification: ‘‘ARTICLE— and purposes as part of the Constitution cipal. Total receipts shall not include re- when ratified by the legislatures of three- ceipts (including attributable interest) for ‘‘SECTION 1. Prior to each fiscal year, Con- fourths of the several States within seven the financing of benefits and administrative gress shall, by law, adopt a statement of re- years after the date of its submission for expenses of the Federal Old-Age and Survi- ceipts and outlays for such fiscal year in ratification: vors Insurance Trust Fund and the Federal which total outlays are not greater than Disability Insurance Trust Fund, or any suc- total receipts. Congress may, by law, amend ‘‘ARTICLE — cessor funds, and total outlays shall not in- that statement provided revised outlays are ‘‘SECTION 1. Prior to each fiscal year, Con- clude outlays for disbursements of the Fed- not greater than revised receipts. Congress gress shall, by law, adopt a statement of re- eral Old-Age and Survivors Insurance Trust may provide in that statement for a specific ceipts and outlays for such fiscal year in Fund for benefits and administrative ex- excess of outlays over receipts by a vote di- which total outlays are not greater than penses and the Federal Disability Insurance rected solely to that subject in which three- total receipts. Congress may, by law, amend Trust Fund for benefits and administrative fifths of the whole number of each House that statement provided revised outlays are expenses, or any successor funds. The re- agree to such excess. Congress and the Presi- not greater than revised receipts. Congress ceipts and outlays referred to in the preced- dent shall ensure that actual outlays do not may provide in that statement for a specific ing sentence shall be limited to receipts and exceed the outlays set forth in such state- excess of outlays over receipts by a vote di- outlays that provide old-age and survivor ment. rected solely to that subject in which three- cash benefits for individuals based upon their ‘‘SECTION 2. No bill to increase tax revenue fifths of the whole number of each House earnings and dependents of such earners or shall become law unless approved by a three- agree to such excess. Congress and the Presi- provide disability cash benefits for disabled fifths majority of the whole number of each dent shall ensure that actual outlays do not individuals based upon their earnings and de- House of Congress. exceed the outlays set forth in such state- pendents of such earners. ‘‘SECTION 3. Prior to each fiscal year, the ment. ‘‘SECTION 5. All votes taken by the House President shall transmit to Congress a pro- ‘‘SECTION 2. No bill to increase tax revenue of Representatives or the Senate under this posed statement of receipts and outlays for shall become law unless approved by a three- Article shall be rollcall votes. such fiscal year consistent with the provi- fifths majority of the whole number of each ‘‘SECTION 6. Congress shall enforce and im- sions of this Article. House of Congress. No bill making appropria- plement this Article by appropriate legisla- ‘‘SECTION 4. Congress may waive the provi- tions for any fiscal year that would reduce tion. sions of this Article for any fiscal year in the level of funding for any low-income pro- ‘‘SECTION 7. This Article shall take effect which a declaration of war is in effect. The gram, project, or activity respecting subsist- for the fiscal year 2002 or for the second fis- provisions of this Article may be waived for ence, health, education, or employment cal year beginning after its ratification, any fiscal year in which the United States below the level for the preceding fiscal year whichever is later, if Congress agreed to a faces an imminent and serious military shall become law unless approved by a three- concurrent resolution setting forth a budget threat to national security and is so declared fifths majority of the whole number of each plan to achieve a balanced budget not later by a joint resolution, adopted by a majority House of Congress. than that fiscal year as follows: of the whole number of each House, which ‘‘SECTION 3. Prior to each fiscal year, the ‘‘(1) A budget for each fiscal year beginning becomes law. President shall transmit to Congress a pro- with fiscal year 1996 and ending with that ‘‘SECTION 5. Total receipts shall include all posed statement of receipts and outlays for first fiscal year (required by this article) receipts of the United States except those such fiscal year consistent with the provi- containing— derived from borrowing and total outlays sions of this Article. H 472 CONGRESSIONAL RECORD — HOUSE January 20, 1995

‘‘SECTION 4. Congress may waive the provi- vors Insurance Trust Fund and the Federal permanent limit on such debt and there shall sions of this Article for any fiscal year in Disability Insurance Trust Fund, or any suc- be no increase in such amount unless three- which a declaration of war is in effect. The cessor funds, and total outlays shall not in- fifths of the whole number of each House of provisions of this Article may be waived for clude outlays for disbursement of the Fed- Congress shall have passed a bill approving any fiscal year in which the United States eral Old-Age and Survivors Insurance Trust such increase and such bill has become law. faces an imminent and serious military Fund for benefits and administrative ex- ‘‘SECTION 7. All votes taken by the House threat to national security and is so declared penses and the Federal Disability Insurance of Representatives or the Senate under this by a joint resolution, adopted by a majority Trust Fund for benefits and Administrative Article shall be rollcall votes. of the whole number of each House, which expenses, or any successor funds. The re- ‘‘SECTION 8. Congress shall enforce and im- becomes law. ceipts and outlays referred to in the preced- plement this Article by appropriatse legisla- ‘‘SECTION 5. Total receipts shall include all ing sentence shall be limited to receipts and tion. receipts of the United States except those outlays that provide old-age and survivor ‘‘SECTION 9. This Article shall take effect derived from borrowing and total outlays cash benefits for individuals based upon their for the fiscal year 2002 or for the second fis- shall include all outlays of the United States earnings and dependents of such earners or cal year beginning after its ratification, except those for the repayment of debt prin- provide disability cash benefits for disabled whichever is later.’’. cipal. individuals based upon their earnings and de- H.J. RES. 1 ‘‘SECTION 6. The amount of the debt of the pendents of such earners. United States held by the public as of the ‘‘SECTION 5. All votes taken by the House OFFERED BY: MR. HILLIARD date this Article takes effect shall become a of Representatives or the Senate under this AMENDMENT NO. 31: Strike all after the re- permanent limit on such debt and there shall Article shall be roll-call votes. solving clause and insert the following: be no increase in such amount unless three- ‘‘SECTION 6. Congress shall enforce and im- That the following article is proposed as an fifths of the whole number of each House of plement this Article by appropriate legisla- amendment to the Constitution of the Unit- Congress shall have passed a bill approving tion. ed States, which shall be valid to all intents such increase and such bill has become law. ‘‘SECTION 7. This Article shall take effect and purposes as part of the Constitution ‘‘SECTION 7. All votes taken by the House for the fiscal year 2002 or for the second fis- when ratified by the legislatures of three- of Representatives or the Senate under this cal year beginning after its ratification, fourths of the several States within seven Article shall be rollcall votes. whichever is later.’’. years after the date of its submission for ‘‘SECTION 8. Congress shall enforce and im- H.J. RES. 1 ratification: plement this Article by appropriate legisla- OFFERED BY: MR. HILLIARD tion. ‘‘ARTICLE — AMENDMENT NO. 30: Strike all after the re- ‘‘SECTION 9. This Article shall take effect solving clause and insert the following: ‘‘SECTION 1. Prior to each fiscal year, Con- for the fiscal year 2002 or for the second fis- gress shall, by law, adopt a statement of re- cal year beginning after its ratification, That the following article is proposed as an ceipts and outlays for such fiscal year in whichever is later.’’. amendment to the Constitution of the Unit- which total outlays are not greater than ed States, which shall be valid to all intents H.J. RES. 1 total receipts. Congress may, by law, amend and purposes as part of the Constitution OFFERED BY: MR. GEPHARDT that statement provided revised outlays are when ratified by the legislatures of three- not greater than revised receipts. Congress AMENDMENT NO. 29: Strike all after the re- fourths of the several States within seven solving clause and insert the following: may provide in that statement for a specific years after the date of its submission for excess of outlays over receipts by a vote di- That the following article is proposed as an ratification: rected solely to that subject in which three- amendment to the Constitution of the Unit- ‘‘ARTICLE — fifths of the whole number of each House ed States, which shall be valid to all intents ‘‘SECTION 1. Prior to each fiscal year, Con- agree to such excess. Congress and the Presi- and purposes as part of the Constitution gress shall, by law, adopt a statement of re- dent shall ensure that actual outlays do not when ratified by the legislatures of three- ceipts and outlays for such fiscal year in exceed the outlays set forth in such state- fourths of the several States within seven which total outlays are not greater than ment. years after the date of its submission for total receipts. Congress may, by law, amend ‘‘SECTION 2. No bill to increase tax revenue ratification: that statement provided revised outlays are shall become law unless approved by a three- ‘‘ARTICLE— not greater than revised receipts. Congress fifths majority of the whole number of each ‘‘SECTION 1. Prior to each fiscal year, Con- may provide in that statement for a specific House of Congress. gress shall, by law, adopt a statement of re- excess of outlays over receipts by a vote di- ‘‘SECTION 3. Prior to each fiscal year, the ceipts and outlays for such fiscal year in rected solely to that subject in which three- President shall transmit to Congress a pro- which total outlays are not greater than fifths of the whole number of each House posed statement of receipts and outlays for total receipts. Congress may, by law, amend agree to such excess. Congress and the Presi- such fiscal year consisted with the provi- that statement provided revised outlays are dent shall ensure that actual outlays do not sions of this Article. not greater than revised receipts. Congress exceed the outlays set forth in such state- ‘‘SECTION 4. Congress may waive the provi- may provide in that statement for a specific ment. sions of this Article for any fiscal year in excess of outlays over receipts by a vote di- ‘‘SECTION 2. No bill to increase tax revenue which a declaration of war is in effect. The rected solely to that subject in which a ma- shall become law unless approved by a three- provisions of this Article may be waived for jority of the whole number of each House fifths majority of the whole number of each any fiscal year in which the United States agree to such excess. Congress and the Presi- House of Congress. faces an imminent and serious military dent shall ensure that actual outlays do not ‘‘SECTION 3. Prior to each fiscal year, the threat to national security and is so declared exceed the outlays set forth in such state- President shall transmit to Congress a pro- by a joint resolution, adopted by a majority ment. posed statement of receipts and outlays for of the whole number of each House, which ‘‘SECTION 2. Prior to each fiscal year, the such fiscal year consistent with the provi- becomes law. President shall transmit to Congress a pro- sions of this Article. ‘‘SECTION 5. Total receipts shall include all posed statement of receipts and outlays for ‘‘SECTION 4. Congress may waive the provi- receipts of the United States except those such fiscal year consistent with the provi- sions of this Article for any fiscal year in derived from borrowing and total outlays sions of this Article. which a declaration of war is in effect. The shall include all outlays of the United States ‘‘SECTION 3. Congress may waive the provi- provisions of this Article may be waived for except those for the repayment of debt prin- sions of this Article for any fiscal year in any fiscal year in which the United States cipal. For purposes of this Article, outlays which a declaration of war is in effect. The faces an imminent and serious military shall not include any sums for grants to provisions of this Article may be waived for threat to national security and is so declared States for aid to families with dependant any fiscal year in which the United States by a joint resolution, adopted by a majority children. faces an imminent and serious military of the whole number of each House, which ‘‘SECTION 6. The amount of the debt of the threat to national security and is so declared becomes law. United States held by the public as of the by a joint resolution, adopted by a majority ‘‘SECTION 5. Total receipts shall include all date this Article takes effect shall become a of the whole number of each House, which receipts of the United States except those permanent limit on such debt and there shall becomes law. derived from borrowing and total outlays be no increase in such amount unless three- ‘‘SECTION 4. Total receipts shall include all shall include all outlays of the United States fifths of the whole number of each House of receipts of the United States except those except those for the repayment of debt prin- Congress shall have passed a bill approving derived from borrowing and total outlays cipal. For purposes of this Article, outlays such increase and such bill has become law. shall include all outlays of the United States shall not include any sums to carry out the ‘‘SECTION 7. All votes taken by the House except those for the repayment of debt prin- Civil Rights Act of 1964 or the Americans of Representatives or the Senate under this cipal. Total receipts shall not include re- with Disabilities Act of 1990. Article shall be rollcall votes. ceipts (including attributable interest) for ‘‘SECTION 6. The amount of the debt of the ‘‘SECTION 8. Congress shall enforce and im- the financing of benefits and administrative United States held by the public as of the plement this Article by appropriate legisla- expenses of the Federal Old-Age and Survi- date this Article takes effect shall become a tion. January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 473

‘‘SECTION 9. This Article shall take effect total receipts. Congress may, by law, amend House of Congress. This section shall not for the fiscal year 2002 or for the second fis- that statement provided revised outlays are apply to any bill repealing or reducing ex- cal year beginning after its ratification, not greater than revised receipts. Congress emptions, deductions, or credits available to whichever is later.’’. may provide in that statement for a specific corporations. H.J. RES. 1 excess of outlays over receipts by a vote di- ‘‘SECTION 3. Prior to each fiscal year, the OFFERED BY: MR. ISTOOK rected solely to that subject in which three- President shall transmit to Congress a pro- fifths of the whole number of each House posed statement of receipts and outlays for AMENDMENT NO. 32: Strike all after the re- agree to such excess. Congress and the Presi- such fiscal year consistent with the provi- volving clause and insert the following: dent shall ensure that actual outlays do not sions of this Article. That the following article is proposed as an exceed the outlays set forth in such state- ‘‘SECTION 4. Congress may waive the provi- amendment to the Constitution of the Unit- ment. sions of this Article for any fiscal year in ed States, which shall be valid to all intents ‘‘SECTION 2. No bill to increase tax revenue which a declaration of war is in effect. The and purposes as part of the Constitution shall become law unless approved by a three- provisions of this Article may be waived for when ratified by the legislatures of three- fifths majority of the whole number of each any fiscal year in which the United States fourths of the several States within seven House of Congress. This section shall not faces an imminent and serious military years after the date of its submission to the apply to any bill providing for more effective threat to national security and is so declared States for ratification: measures to enforce the tax laws. by a joint resolution, adopted by a majority ‘‘ARTICLE — ‘‘SECTION 3. Prior to each fiscal year, the of the whole number of each House, which ‘‘SECTION 1. Total outlays for any fiscal President shall transmit to Congress a pro- becomes law. year shall not exceed total receipts for that posed statement of receipts and outlays for ‘‘SECTION 5. Total receipts shall include all fiscal year, unless three-fifths of the whole such fiscal year consistent with the provi- receipts of the United States except those number of each House of Congress shall pro- sions of this Article. derived from borrowing and total outlays vide by law for a specific excess of outlays ‘‘SECTION 4. Congress may waive the provi- shall include all outlays of the United States over receipts by a rollcall vote. sions of this Article for any fiscal year in except those for the repayment of debt prin- ‘‘SECTION 2. The limit on the debt of the which a declaration of war is in effect. The cipal. United States held by the public shall not be provisions of this Article may be waived for ‘‘SECTION 6. The amount of the debt of the increased, unless three-fifths of the whole any fiscal year in which the United States United States held by the public as of the number of each House shall provide by law faces an imminent and serious military date this Article takes effect shall become a for such an increase by a rollcall vote. threat to national security and is so declared permanent limit on such debt and there shall ‘‘SECTION 3. Prior to each fiscal year, the by a joint resolution, adopted by a majority be no increase in such amount unless three President shall transmit to the Congress a of the whole number of each House, which fifths of the whole number of each House of proposed budget for the United States Gov- becomes law. Congress shall have passed a bill approving ernment for that fiscal year, in which total ‘‘SECTION 5. Total receipts shall include all such increase and such bill has become law. outlays do not exceed total receipts. receipts of the United States except those ‘‘SECTION 7. All votes taken by the House ‘‘SECTION 4. The Congress may waive the derived from borrowing and total outlays of Representatives or the Senate under this provisions of this article for any fiscal year shall include all outlays of the United States Article shall be rollcall votes. in which a declaration of war is in effect. except those for the repayment of debt prin- ‘‘SECTION 8. Congress shall enforce and im- The provisions of this article may be waived cipal. plement this Article by appropriate legisla- for any fiscal year in which the United ‘‘SECTION 6. The amount of the debt of the tion. States is engaged in military conflict which United States held by the public as of the ‘‘SECTION 9. This Article shall take effect causes an imminent and serious military date this Article takes effect shall become a for the fiscal year 2002 or for the second fis- threat to national security and is so declared permanent limit on such debt and there shall cal year beginning after its ratification, by a joint resolution, adopted by a majority be no increase in such amount unless three- whichever is later.’’. of the whole number of each House, which fifths of the whole number of each House of H.J. RES. 1 becomes law. Congress shall have passed a bill approving ‘‘SECTION 5. The Congress shall enforce and such increase and such bill has become law. OFFERED BY: MR. NADLER implement this article by appropriate legis- ‘‘SECTION 7. All votes taken by the House AMENDMENT NO. 35: Strike all after the re- lation which may rely on estimates of out- of Representatives or the Senate under this solving clause and insert the following: lays and receipts. Article shall be rollcall votes. That the following article is proposed as an ‘‘SECTION 6. Total receipts shall include all ‘‘SECTION 8. Congress shall enforce and im- amendment to the Constitution of the Unit- receipts of the United States Government ex- plement this Article by appropriate legisla- ed States, which shall be valid to all intents cept those derived from borrowing. Total tion. and purposes as part of the Constitution outlays shall include all outlays of the Unit- ‘‘SECTION 9. This Article shall take effect when ratified by the legislatures of three- ed States Government except for those for for the fiscal year 2002 or for the second fis- fourths of the several States within seven repayment of debt principal. cal year beginning after its ratification, years after the date of its submission for ‘‘SECTION 7. This Article (except section 8) whichever is later.’’. ratification: shall take effect for fiscal year 2002 or for the H.J. RES 1 second fiscal year beginning after its ratifi- OFFERED BY: MR. NADLER ‘‘ARTICLE — cation, whichever is later. AMENDMENT NO. 34: Strike all after the re- ‘‘SECTION 1. Prior to each fiscal year, Con- ‘‘SECTION 8. From the date of ratification solving clause and insert the following: gress shall, by law, adopt a statement of re- of this Article until the close of fiscal year ceipts and outlays for such fiscal year in 2004 or for the fourth fiscal year beginning That the following article is proposed as an which total outlays are not greater than after its ratification, whichever is later, no amendment to the Constitution of the Unit- total receipts. Congress may, by law, amend bill to increase revenue shall become law un- ed States, which shall be valid to all intents that statement provided revised outlays are less approved by a three-fifths majority of and purposes as part of the Constitution not greater than revised receipts. Congress the whole number of each House of Congress. when ratified by the legislatures of three- may provide in that statement for a specific Thereafter, no bill to increase revenue shall fourths of the several States within seven excess of outlays over receipts by a vote di- become law unless approved by a majority of years after the date of its submission for rected solely to that subject in which three- the whole number of each House by a rollcall ratification: fifths of the whole number of each House vote.’’. ‘‘ARTICLE — agree to such excess. Congress and the Presi- H.J. RES. 1 ‘‘SECTION 1. Prior to each fiscal year, Con- dent shall ensure that actual outlays do not OFFERED BY: MR. NADLER gress shall, by law, adopt a statement of re- exceed the outlays set forth in such state- AMENDMENT NO. 33: Strike all after the re- ceipts and outlays for such fiscal year in ment. solving clause and insert the following: which total outlays are not greater than ‘‘SECTION 2. No bill to increase tax revenue total receipts. Congress may, by law, amend shall become law unless approved by a three- That the following article is proposed as an that statement provided revised outlays are fifths majority of the whole number of each amendment to the Constitution of the Unit- not greater than revised receipts. Congress House of Congress. This section shall not ed States, which shall be valid to all intents may provide in that statement for a specific apply to any bill providing for withdrawal of and purposes as part of the Constitution excess of outlays over receipts by a vote di- most favored nation trading status from a when ratified by the legislatures of three- rected solely to that subject in which three- foreign nation because of human rights fourths of the several States within seven fifths of the whole number of each House abuses. years after the date of its submission for agree to such excess. Congress and the Presi- ‘‘SECTION 3. Prior to each fiscal year, the ratification: dent shall ensure that actual outlays do not President shall transmit to Congress a pro- ‘‘ARTICLE — exceed the outlays set forth in such state- posed statement of receipts and outlays for ‘‘SECTION 1. Prior to each fiscal year, Con- ment. such fiscal year consistent with the provi- gress shall, by law, adopt a statement of re- ‘‘SECTION 2. No bill to increase tax revenue sions of this Article. ceipts and outlays for such fiscal year in shall become law unless approved by a three- ‘‘SECTION 4. Congress may waive the provi- which total outlays are not greater than fifths majority of the whole number of each sions of this Article for any fiscal year in H 474 CONGRESSIONAL RECORD — HOUSE January 20, 1995 which a declaration of war is in effect. The fourths of the several States within seven Resolved by the Senate and House of Rep- provisions of this Article may be waived for years after the date of its submission to the resentatives of the United States of America in any fiscal year in which the United States States for ratification: Congress assembled, That the following article faces an imminent and serious military ‘‘ARTICLE — is proposed as an amendment to the Con- threat to national security and is so declared stitution of the United States, which shall be ‘‘SECTION 1. Total outlays for any fiscal by a joint resolution, adopted by a majority valid to all intents and purposes as part of year shall not exceed total receipts for that of the whole number of each House, which the Constitution when ratified by the legis- fiscal year, unless three-fifths of the whole becomes law. latures of three-fourths of the several States number of each House of Congress shall pro- ‘‘SECTION 5. Total receipts shall include all within seven years after the date of its sub- vide by law for a specific excess of outlays receipts of the United States except those mission to the States for ratification: derived from borrowing and total outlays over receipts by a rollcall vote. ‘‘ARTICLE — shall include all outlays of the United States ‘‘SECTION 2. Prior to each fiscal year, the except those for the repayment of debt prin- President shall transmit to the Congress a ‘‘SECTION 1. Total outlays for any fiscal cipal. proposed budget for the United States Gov- year shall not exceed total receipts for that ernment for that fiscal year, in which total ‘‘SECTION 6. The amount of the debt of the fiscal year, unless three-fifths of the whole United States held by the public as of the outlays do not exceed total receipts. number of each House of Congress shall pro- date this Article takes effect shall become a ‘‘SECTION 3. No bill to increase revenue vide by law for a specific excess of outlays permanent limit on such debt and there shall shall become law unless approved by a ma- over receipts by a rollcall vote. be no increase in such amount unless three- jority of the whole number of each House by ‘‘SECTION 2. The limit on the debt of the fifths of the whole number of each House of a rollcall vote. United States held by the public shall not be Congress shall have passed a bill approving ‘‘SECTION 4. The Congress may waive the increased, unless three-fifths of the whole such increase and such bill has become law. provisions of this article for any fiscal year number of each House shall provide by law in which a declaration of war is in effect. ‘‘SECTION 7. All votes taken by the House for such an increase by a rollcall vote. of Representatives or the Senate under this The provisions of this article may be waived ‘‘SECTION 3. Prior to each fiscal year, the Article shall be rollcall votes. for any fiscal year in which the United President shall transmit to the Congress a States is engaged in military conflict which ‘‘SECTION 8. Congress shall enforce and im- proposed budget for the United States Gov- plement this Article by appropriate legisla- causes an imminent and serious military ernment for that fiscal year in which total tion. threat to national security and is so declared outlays do not exceed total receipts. by a joint resolution, adopted by a majority ECTION ‘‘SECTION 9. This Article shall take effect ‘‘S 4. No bill to increase revenue for the fiscal year 2002 or for the second fis- of the whole number of each House, which shall become law unless approved by a ma- cal year beginning after its ratification, becomes law. jority of the whole number of each House by whichever is later.’’. ‘‘SECTION 5. The Congress shall enforce and a rollcall vote. implement this article by appropriate legis- ‘‘SECTION 5. The Congress may waive the H.J. RES. 1 lation. provisions of this article for any fiscal year OFFERED BY: MR. ORTON ‘‘SECTION 6. Total receipts shall include all in which a declaration of war is in effect. AMENDMENT NO. 36: Strike all after the re- receipts of the United States Government ex- The provisions of this article may be waived solving clause and insert the following: cept those derived from borrowing. Total for any fiscal year in which the United That the following article is proposed as an outlays shall include all outlays of the Unit- States is engaged in military conflict which amendment to the Constitution of the Unit- ed States Government except for those for causes an imminent and serious military ed States, which shall be valid to all intents repayment of debt principal. threat to national security and is so declared and purposes as part of the Constitution if ‘‘SECTION 7. This article shall take effect by a joint resolution, adopted by a majority ratified by the legislatures of three-fourths beginning with fiscal year 2002 or with the of the whole number of each House, which of the several States within seven years after second fiscal year beginning after its ratifi- becomes law. its submission to the States for ratification: cation, whichever is later.’’. ‘‘SECTION 6. The Congress shall enforce and ‘‘ARTICLE — H.J. RES. 1 implement this article by appropriate legis- lation, which may rely on estimates of out- ‘‘SECTION 1. Total outlays of the United OFFERED BY: MR. SAXTON lays and receipts. States for any fiscal year shall not exceed AMENDMENT NO. 38: Strike all after the re- ‘‘SECTION 7. Total receipts shall include all total receipts to the United States for that solving clause and insert the following: receipts of the United States Government ex- fiscal year. ‘‘ARTICLE — cept those derived from borrowing. Total ECTION 2. Prior to each fiscal year, the ‘‘S outlays shall include all outlays of the Unit- President shall transmit to the Congress a ‘‘SECTION 1. For each fiscal year, Congress ed States Government except for those for proposed budget for the United States Gov- and the President shall ensure that total repayment of debt principal. ernment for that fiscal year in which total outlays do not increase by a rate greater than the rate of increase in national income ‘‘SECTION 8. This article shall take effect outlays do not exceed total receipts. beginning with fiscal year 2002 or with the ECTION 3. For any fiscal year in which the second prior year and that total outlays ‘‘S second fiscal year beginning after its ratifi- actual outlays exceed actual receipts, the do not exceed total receipts. cation, whichever is later.’’. Congress shall provide by law for the repay- ‘‘SECTION 2. Congress may provide for a ment in the ensuing fiscal year of such ex- larger increase in total outlays by a vote di- H.J. RES. 1 cess outlays. If Congress fails to provide by rected solely to that subject, in which two- OFFERED BY: MR. SCHIFF thirds of the whole number of each house law for repayment, within fifteen days after AMENDMENT NO. 40: Strike all after the re- agrees to a bill providing for such specific Congress adjourns to end a session, there solving clause and insert the following: additional outlays, and such bill has become shall be a sequestration of all outlays to That the following article is proposed as an law. eliminate a budget deficit. amendment to the Constitution of the Unit- ‘‘SECTION 3. Congress may provide for a ‘‘SECTION 4. The provisions of this article ed States, which shall be valid to all intents specific excess of outlays over receipts by a may be waived for any fiscal year only if and purposes as part of the Constitution vote directed solely to that subject, in which Congress so provides by law by a majority of when ratified by the legislatures of three- a majority of each house agrees to a bill pro- the whole number of each House. Such waiv- fourths of the several States within seven viding for such specific excess of outlays er shall be subject to veto by the President. years after the date of its submission to the over receipts, and such bill has become law. ‘‘SECTION 5. Total receipts shall include all States for ratification: receipts of the United States Government ex- ‘‘SECTION 4. Total receipts shall include all ‘‘ARTICLE — cept those derived from borrowing. Total receipts of the United States except those outlays shall include all outlays of the Unit- derived from borrowing, and total outlays ‘‘SECTION 1. Total outlays for any fiscal ed States Government, except for those for shall include all outlays of the United States year shall not exceed total receipts for that repayment of debt principal. except for the repayment of debt principal. fiscal year, unless three-fifths of the whole ‘‘SECTION 6. This article shall take effect ‘‘SECTION 5. This Article shall take effect number of each House of Congress shall pro- beginning with fiscal year 2002 or with the for the fiscal year 2002 or for the second fis- vide by law for a specific excess of outlays second fiscal year beginning after its ratifi- cal year beginning after its ratification, over receipts by a rollcall vote. cation, whichever is later.’’. whichever is later.’’. ‘‘SECTION 2. For any fiscal year for which H.J. RES. 1 H.J. RES. 1 this Article is in effect, receipts and outlays for any trust fund of the United States shall OFFERED BY: MR. ORTON OFFERED BY: MR. SCHAEFER be subject to the provisions of this Article in AMENDMENT NO. 37: Strike all after the re- AMENDMENT NO. 39: Strike all after the en- the same manner as total receipts and total solving clause and insert the following: acting clause and insert the following: outlays of the United States (except that if That the following article is proposed as an Proposing an amendment to the Constitu- a trust fund has an accumulated surplus amendment to the Constitution of the Unit- tion to provide for a balanced budget for the from prior years, then that surplus may be ed States, which shall be valid to all intents United States Government and for greater counted as a receipt for purposes of the and purposes as part of the Constitution accountability in the enactment of tax legis- statement required by section 1 for the fiscal when ratified by the legislatures of three- lation. year to which the statement applies). January 20, 1995 CONGRESSIONAL RECORD — HOUSE H 475

‘‘SECTION 3. The limit of the debt of the ‘‘SECTION 5. Total receipts shall include all second fiscal year beginning after its ratifi- United States held by the public shall not be receipts of the United States except those cation, whichever is later.’’. increased, unless three-fifths of the whole derived from borrowing and total outlays number of each House shall provide by law shall include all outlays of the United States H.J. RES. 1 for such an increase by a rollcall vote. except those for the repayment of debt prin- OFFERED BY: MR. TRAFICANT ‘‘SECTION 4. Prior to each fiscal year, the cipal. President shall transmit to the Congress a ‘‘SECTION 6. The amount of the debt of the AMENDMENT NO. 43: Strike all after the re- proposed budget for the United States Gov- United States held by the public as of the solving clause and insert the following: ernment for that fiscal year, in which total date this Article takes effect shall become a That the following article is proposed as an outlays do not exceed total receipts. permanent limit on such debt and there shall amendment to the Constitution of the Unit- ‘‘SECTION 5. No bill to increase revenue be no increase in such amount unless three- ed States, which shall be valid to all intents shall become law unless approved by a ma- fifths of the whole number of each House of and purposes as part of the Constitution jority of the whole number of each House by Congress shall have passed a bill approving when ratified by the legislatures of three- a rollcall vote. such increase and such bill has become law. fourths of the several States within seven ‘‘SECTION 6. The Congress may waive the ‘‘SECTION 7. All votes taken by the House years after the date of its submission for provisions of this article for any fiscal year of Representatives or the Senate under this ratification: in which a declaration of was is in effect. Article shall be rollcall votes. The provisions of this article may be waived ‘‘SECTION 8. Congress shall enforce and im- ‘‘ARTICLE — for any fiscal year in which the United plement this Article by appropriate legisla- ‘‘SECTION 1. Prior to each fiscal year, Con- States is engaged in military conflict which tion. gress shall, by law, adopt a statement of re- causes an imminent and serious military ‘‘SECTION 9. Neither the judicial power of ceipts and outlays for such fiscal year in threat to national security and is so declared the United States nor of any State shall ex- which total outlays are not greater than by a joint resolution, adopted by a majority tend to any case arising under this Article. total receipts. Congress may, by law, amend of the whole number of each House, which ‘‘SECTION 10. This Article shall take effect that statement provide revised outlays are becomes law. for the fiscal year 2002 or for the second fis- not greater than revised receipts. Congress ‘‘SECTION 7. The Congress shall enforce and cal year beginning after its ratification, may provide in that statement for a specific implement this article by appropriate legis- whichever is later.’’. excess of outlays over receipts by a vote di- lation, which may rely on estimates of out- H.J. RES. 1 rected solely to that subject in which three- lays and receipts. OFFERED BY: MR. SKAGGS fifths of the whole number of each House ‘‘SECTION 8. Total receipts shall include all agree to such excess. Congress and the Presi- receipts of the United States Government ex- AMENDMENT NO. 42: Strike all after the re- solving clause and insert the following: dent shall ensure that actual outlays do not cept those derived from borrowing. Total exceed the outlays set forth in such state- outlays shall include all outlays of the Unit- That the following article is proposed as an ment. amendment to the Constitution of the Unit- ed States Government except for those for ‘‘SECTION 2. No bill to increase tax revenue ed States, which shall be valid to all intents repayment of debt principal. shall become law unless approved by a three- and purposes as part of the Constitution ‘‘SECTION 9. This article shall take effect fifths majority of the whole number of each when ratified by the legislatures of three- beginning with fiscal year 2002 or with the House of Congress. No bill to decrease social fourths of the several States within seven second fiscal year beginning after its ratifi- security payments shall become law unless years after the date of its submission for cation, whichever is later.’’. approved by a three-fifths majority of the ratification: H.J. RES. 1 whole number of each House of Congress. RTICLE OFFERED BY: MR. SKAGGS ‘‘A — ‘‘SECTION 3. Prior to each fiscal year, the AMENDMENT NO. 41: Strike all after the re- ‘‘SECTION 1. Total outlays for any fiscal President shall transmit to Congress a pro- solving clause and insert the following: year shall not exceed total receipts for that posed statement of receipts and outlays for fiscal year, unless three-fifths of the whole such fiscal year consistent with the provi- That the following article is proposed as an number of each House of Congress shall pro- amendment to the Constitution of the Unit- sions of this Article. vide by law for a specific excess of outlays ‘‘SECTION 4. Congress may waive the provi- ed States, which shall be valid to all intends over receipts by a rollcall vote. and purposes as part of the Constitution sions of this Article for any fiscal year in ‘‘SECTION 2. The limit on the debt of the which a declaration of war is in effect. The when ratified by the legislatures of three- United States held by the public shall not be fourths of the several States within seven provisions of this Article may be waived for increased, unless three-fifths of the whole any fiscal year in which the United States years after the date of its submission for number of each House shall provide by law ratification: faces an imminent and serious military for such an increase by a rollcall vote. threat to national security and is so declared ‘‘ARTICLE — ‘‘SECTION 3. Prior to each fiscal year, the by a joint resolution, adopted by a majority ‘‘SECTION 1. Prior to each fiscal year, Con- President shall transmit to the Congress a of the whole number of each House, which gress shall, by law, adopt a statement of re- proposed budget for the United States Gov- becomes law. ceipts and outlays for such fiscal year in ernment for that fiscal year, in which total ‘‘SECTION 5. Total receipts shall include all which total outlays are not greater than outlays do not exceed total receipts. receipts of the United States except those total receipts. Congress may, by law, amend ‘‘SECTION 4. No bill to increase revenue derived from borrowing and total outlays that statement provided revised outlays are shall become law unless approved by a ma- shall include all outlays of the United States not greater than revised receipts. Congress jority of the whole number of each House by except those for the repayment of debt prin- may provide in that statement for a specific a rollcall vote. cipal. excess of outlays over receipts by a vote di- ‘‘SECTION 5. The Congress may waive the ‘‘SECTION 6. The amount of the debt of the rected solely to that subject in which three- provisions of this article for any fiscal year United States held by the public as of the fifths of the whole number of each House in which a declaration of was is in effect. date this Article takes effect shall become a agree to such excess. Congress and the Presi- The provisions of this article may be waived permanent limit on such debt and there shall dent shall ensure that actual outlays do not for any fiscal year in which the United be no increase in such amount unless three- States is engaged in military conflict which exceed the outlays set forth in such state- fifths of the whole number of each House of ment. causes an imminent and serious military Congress shall have passed a bill approving ‘‘SECTION 2. No bill to increase tax revenue threat to national security and is so declared such increase and such bill has become law. shall become law unless approved by a three- by a joint resolution, adopted by a majority ‘‘SECTION 7. All votes taken by the House fifths majority of the whole number of each of the whole number of each House, which of Representatives or the Senate under this House of Congress. becomes law. Article shall be rollcall votes. ‘‘SECTION 3. Prior to each fiscal year, the ‘‘SECTION 6. The Congress shall enforce and ‘‘SECTION 8. Congress shall enforce and im- President shall transmit to Congress a pro- implement this article by appropriate legis- plement this Article by appropriate legisla- posed statement of receipts and outlays for lation,which may rely on estimates of out- tion. such fiscal year consistent with the provi- lays and receipts. ‘‘SECTION 9. This Article shall take effect sions of this Article. ‘‘SECTION 7. Total receipts shall include all for the fiscal year 2002 or for the second fis- ‘‘SECTION 4. Congress may waive the provi- receipts of the United States Government ex- cal year beginning after its ratification, sions of this Article for any fiscal year in cept those derived from borrowing. Total whichever is later.’’. which a declaration of war is in effect. The outlays shall include all outlays of the Unit- provisions of this Article may be waived for ed States Government except for those for H.J. RES. 1 any fiscal year in which the United States repayment of debt principal. faces an imminent and serious military ‘‘SECTION 8. Neither the judicial power of OFFERED BY: MR. VOLKMER threat to national security and is so declared the United States nor of any State shall ex- AMENDMENT NO. 44: Amend H.J. Res. 1 as by a joint resolution, adopted by a majority tend to any case arising under this Article. reported by striking Section 2 as follows: of the whole number of each House, which ‘‘SECTION 9. This article shall take effect 1. Page 5, strike ‘‘SECTION 2.’’ and renum- becomes law. beginning with fiscal year 2002 or with the ber accordingly. 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, FRIDAY, JANUARY 20, 1995 No. 12 Senate (Legislative day of Tuesday, January 10, 1995)

The Senate met at 10 a.m., on the ex- the abundance of natural resources, in The PRESIDENT pro tempore. The piration of the recess, and was called to the hard work of so many people, in distinguished acting minority leader. order by the President pro tempore the stability of our society. Mr. FORD. Mr. President, I think it [Mr. THURMOND]. Give us a nation marked by gratitude might be appropriate, I say to my The PRESIDENT pro tempore. Our for Your blessings, and stewardship of friend, that we review a little bit your opening prayer this morning will be de- them in kindness and compassion and understanding with our leader as to the livered by the Reverend Mark Dever, self-control. We pray that this Cham- offering of amendments so that we will pastor of the Capitol Hill Baptist ber would reflect Your character in not get into—it is a gentlemen’s agree- Church. this. ment, and we want to uphold our part And along with a renewed sense of of it. But I want to be sure everybody PRAYER Your bounty, we pray for a renewed understands that, if you do not mind. The guest chaplain, the Reverend sense of our accountability. Remind all Mr. DOLE. Right. As I indicated, we Mark E. Dever, offered the following who work here, in massive buildings entered into the agreement last night prayer: which seem so permanent, remind and we have listed in the RECORD all Let us pray: them of the brevity of life, and the cer- the amendments on both sides of the Lord God, before the debates and dis- tainty of judgment. aisle. I think they total around 67 putes, the committees and com- We ask this in the name of Jesus amendments. To offer the amendment, promises which may fill our day, we Christ. Amen. you simply have to send it to the desk. would stop and confess publicly that f If there is an amendment pending, you You are a good God. You have provided have to, of course, set that amendment all we need, and so much more. We RECOGNITION OF THE MAJORITY aside. praise You for the freedom from want LEADER We also agreed that if for some un- which marks off this land from so The PRESIDENT pro tempore. The usual circumstance someone was pre- many others. distinguished majority leader is recog- vented on either side of the aisle from Thank You for the wise and just lead- nized. offering their amendment before the 3 ers who work in this place, and for the f o’clock deadline, the two leaders could people who honor law and pray for our agree that one of our colleagues, or elected officials. SCHEDULE more, could then offer the amendment, Thank You for all the good motives Mr. DOLE. Mr. President, let me just or amendments, in any event. which move the hearts of those present indicate for our colleagues that there The importance of the agreement is to undertake these duties of govern- will be a period for the transaction of to get a finite list of the amendments. ance. We ask that where their hearts morning business throughout the day, There are no time agreements on any are stubborn to You, You would subdue with Senators permitted to speak for of the amendments. I hope not all the them, where they are mistaken, You not to exceed 15 minutes each. And I amendments are offered. But even if all would teach them, where they are dis- remind Senators and members of their the amendments are offered—that couraged, You would comfort and staff that under the unanimous-con- means sent to the desk—they may not strengthen them. sent agreement entered last night, be called up. It is my hope we can com- Help them in their service to this Na- there will be no rollcall votes today plete action sometime maybe on tion, to discern their service to You. and no rollcall votes on Monday, prior Wednesday of next week. I suggest to Lord God, bless America, we pray. to 4 p.m. my colleagues who have any other Forgive us for our callousness to Your Today Senators may discuss their questions that in the Calendar of Busi- blessings. Forgive this Nation particu- amendments to S. 1 and have them ness on pages 2 and 3, we have outlined larly we pray for the ways in which we printed in the RECORD in order to qual- the agreement. abuse our leaders. Give this Nation a ify them under the 3 p.m. Tuesday I think the highlights are that we sense of the hope for justice and pros- deadline. I do not know how many Sen- will start considering S. 1 again on perity that America still is to many ators wish to speak today, but we will Monday at 10 a.m., with no votes until around the globe today. We ask that be in for whatever period of time it 4 o’clock, if any votes are ordered. You would give us a renewed sense of may take. There will be no business today, except Your bounty in this land, an apprecia- Mr. FORD. Mr. President, will the you can send your amendments to the tion of the wealth You have given us in distinguished majority leader yield? desk.

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

S 1251 S 1252 CONGRESSIONAL RECORD — SENATE January 20, 1995 Mr. FORD. May I further ask, one of There being no objection, the mate- graduation from Alcorn, she matriculated at the points the majority leader made rial was ordered to be printed in the Hampton Institute as a Julius Rosenwald last evening is the fact that an amend- RECORD, as follows: Fellow and in 1930 was conferred the degree of Bachelor of Science in Library Science. ment may be filed but that is not suffi- THE CELEBRATION OF TRIUMPH—MRS. RUBYE She immediately returned to her Alama ELIZABETH STUTTS-LYELLS cient to cover the unanimous-consent Mater as the first professionally trained Af- agreement. It must be offered. It can be 1:00 p.m.: Special Ceremonies conducted by rican American Librarian in the State of set aside and that constitutes an offer- Beta Delta Omega Chapter, Alpha Kappa Mississippi. Mrs. Lyells worked assiduously ing and it can be taken up later but, Alpha Sorority, Inc., Mrs. H. Ann Jones, to bring the library in compliance with nevertheless, a Senator must offer his President. standards of professional accrediting agen- amendment or by unanimous-consent PROGRAM cies, both on the state and regional levels. one of the leaders or the floor manager ORDER OF SERVICES Much of her work became a model for collec- can do that. (Dr. Lelia Gaston Rhodes, Presiding) tion development in other Black Land Grant Colleges. Prelude So there was concern last night, and Mrs. Lyells has been at the forefront of al- Processional I want to make that clear again this most every significant educational, social, Scriptures: Old and New Testaments, The morning, that if an amendment has and political advancement made in Mis- Reverend Dr. Leon Bell, Pastor, New Mt. been filed for cloture, it is not suffi- sissippi during the past half century. To be Zion Baptist Church, Jackson, Mississippi. on the cutting edge of advancements in the cient to accommodate this unanimous- Prayer. field of librarianship, she took a leave of ab- consent agreement. Solo: Mr. L.L. Knowles. sence from Alcorn to enroll in the Masters of Mr. DOLE. The Senator is correct. Tributes: Arts Library degree program at the Univer- There are a number of amendments, I Alcorn State University, Dr. Walter Wash- sity of Chicago where she graduated with ington, President Emeritus’ Dr. R.E. Waters, think 117 amendments were filed when distinction in 1942. Interim President. we were getting into cloture. In order Mrs. Lyells’ services, as the state’s only ‘‘As a Friend and Physician,’’ Robert to qualify under this agreement—Sen- African American librarian, were in great de- Smith, M.D., Director and Chief of Staff, ator BYRD from West Virginia made it mand throughout the nation. However, her Mississippi Family Health Center. immediate decision was to stay in Mis- clear—the Senator himself must offer Alpha Kappa Alpha Sorority, Inc., Mrs. sissippi to serve as a catalyst in helping to the amendment, himself. I think we Mildred B. Kelly, Beta Delta Omega Chapter. raise the standards of academic and public can accommodate everyone, but hope- Solo: Mrs. Rose Knowles White. libraries. She served with distinction as head fully they will be able to accommodate Acknowledgements: Ms. Renalda Jaynes. librarian at Jackson State University as the Obituary, Interlude: Read Silently. us, too, and not offer all these amend- first African American Librarian to head a Solo: ‘‘The Lord’s Prayer,’’ Mr. Jobie Mar- ments. branch of the Jackson Municipal Library tin. Mr. FORD. I have three on there that System; acting librarian at the Atlanta Pub- The Christian Science Message: Mr. Harold could go away. I thank the majority lic Library System and Special Assistant Li- Karyes, reader. brarian at the Iowa State University Li- leader. Funeral Directors of Peoples in Charge. brary. Recessional. f Mrs. Lyells’ persistent pioneering efforts Postlude: Mrs. Princess B. Gwynn, organ- for professionalism among African American ist. MORNING BUSINESS librarians and her emphasis on quality, ACKNOWLEDGEMENTS The PRESIDENT pro tempore. Under available public library resources and facili- The family of the late Mrs. Rubye E. the previous order, there will now be a ties for all people were met with apathy, hos- Stutts-Lyells extends loving gratitude to all tility and out-right resistance by those who period for the transaction of morning friends, neighbors, and church members who viewed her ‘‘call for change’’ as threatening business, with Senators permitted to have provided ongoing comfort and have dis- to their way of life—as recounted by Clar- speak therein for not to exceed 15 min- played innumerable acts of kindness during ence Hunter and the editor of the Jackson utes each. her illness and our bereavement. We thank Advocate, Mr. Tisdale—‘‘Mississippi’s Li- Mr. COCHRAN addressed the Chair. you today, tomorrow and always. May God’s brary Heritage—Rubye E. Stutts Lyells—A The PRESIDENT pro tempore. The richest blessings of good health, happiness Woman For All Seasons’’ She was adamant distinguished Senator from Mississippi. and hope for 1995 be with you! in her views that librarians should be treated as professionals; that if historically black f OBITUARY colleges are to carry out their mission, they Mississippi’s claim to a segment of intel- should by statutory mandate be funded at a TRIBUTE TO RUBYE ELIZABETH lectual prominence, perhaps can be best de- level to acquire and maintain quality librar- STUTTS-LYELLS scribed in the polished craftsmanship of ies. some of the progenitors who suffered with As a world traveler, noteworthy among her Mr. COCHRAN. Mr. President, on De- dignity, with poise, with scholarship and a distinguished affiliations were: Executive Di- cember 22, Mississippi lost one of its demeanor of elegance, the complexes, and rector, Mississippi State Council on Human most outstanding citizens when Mrs. atrocities of Mississippi’s intricate maze of Rights; member of the Mississippi Women Rubye Stutts-Lyells passed away. She social classes, racial differences, poverty and League of Voters, President, Mississippi Fed- was a personal friend of mine, but she ignorance. erated Clubs, President of Terrell Literary was also a friend of many, and was one So to chronicle the life of a scholar, par ex- Club; a post president of Beta Delta Omega of the real leaders in our State in many cellence, who was a major player in the saga Chapter of Alpha Kappa Alpha Sorority, Inc.; of change in Mississippi, historians must Alcorn State University National Alumni areas of activity and interest. She took thoroughly research data for future genera- Association, Inc. and the University of Chi- a very active role in helping to improve tions, the multifaceted experiences of the cago Alumni Association, Inc. She was the the opportunities for everyone in our stature of Mrs. Rubye E. Stutts-Lyells. Mrs. recipient of numerous citations and awards. State through her work in civic, cul- Lyells was born Rubye Elizabeth to the late Mrs. Lyells was a candidate for nomination tural, religious, and political endeav- Tom and Rossie A. Cowan Stutts in Anding, to the Mississippi Senate in 1975; attended ors. a crossroad village in Yazoo County, Mis- the Republican National Convention in 1952 While I was not able to attend her fu- sissippi. Her parents had two sets of twins; and was invited to the Inauguration of Presi- neral, which was described as ‘‘The one set of whom Mrs. Lyells was the older. dent Dwight D. Eisenhower in 1953. In 1970 All sisters preceded her in death. Mr. Tom she served on the Advisory Committee of the Celebration of Triumph,’’ which was Stutts was a prominent progressive farmer Co-chairman of the Republican National held in Jackson, MS, members of my known throughout the deep South. Convention (In 1969 she was a delegate to the staff did represent me on this occasion Mrs. Lyells’ early education was begun at Southern Republican Conference in New Or- and sent me a copy of the program Utica Institute where in 1923 she completed leans). In 1979, Mrs. Lyells was appointed to which contains a very fine and sen- both the eighth and ninth grades, and in 1924 the Mayor’s Advisory Committee in Jackson. sitive obituary. completed the tenth and the eleventh grades. She is listed in numerous scholarly publi- In memory of Mrs. Lyells, I ask In 1925 she graduated as Valedictorian of her cations which include Marquis Who’s Who; unanimous consent, Mr. President, class. The World Who’s Who of Women, Cambridge, During the fall semester of the same year England, 1978, p. 724. She was a prolific writ- that a copy of the obituary and the Mrs. Lyells’ parents enrolled her in the er. Many of her articles appeared in refereed program, ‘‘The Celebration of Triumph, former Alcorn A&M College (now Alcorn journals. Mrs. Rubye Elizabeth Stutts-Lyells,’’ State University) where she graduated in Mrs. Lyells served on the Board of Trust- be printed in the RECORD. 1929 as Valedictorian of her class. Following ees of Prentiss Institute. The Library is January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1253 named in her honor. The Doctor of Human- what it would cost the private sector in ships on political subdivisions below ities (L.H.D.) degree was conferred on her terms of screening. We made a list of them. And that is where we have found from Prentiss Institute. the violations, of what we perceived to ourselves today. She was married to M. J. Lyells, a long- be violations of the 14th amendment, time professor at Alcorn A&M College and I hope that all of the American peo- Lanier High School. She was a member of property rights, people having their ple were watching what was happening the Christian Science faith having joined the property taken away from them in last night and what has happened over Mother Church in Boston, Massachusetts such areas as outdoor advertising signs the past 6 days. I asked our staff to ad- with local affiliation in Jackson. and others. But primarily because it vise me as to how many hours have we Following an extended illness, Mrs. Lyells was the cost to the municipalities. been debating the unfunded mandates demise came Friday, December 22, 1994 at The leverage they used at that time bill. According to their calculation, it Englewood Manor Nursing Home. Survivors was that if you do not comply with the is 47 hours—47 hours of debate on some- include a niece, Mrs. Rose Knowles White, mandates of the Highway Beautifi- Baton Rouge, LA; grand-nieces: Ms. Angela thing that really is not that com- Denise White, San Francisco, CA, Ms. Ann cation Act of 1965, we will withhold plicated. Rossie White of Chicago, IL; one nephew, Mr. several million dollars of your Federal Yes, we can get into the finer details Leon Stutts Knowles, Los Angeles, CA highway matching funds. and the amendments that perhaps (Dana); brother-in-law, Mr. L. L. Knowles; a Now, keep in mind, these are funds might make it more workable, and I special daughter-nieces, Mrs. Alice Stutts that emanated originally from the think our distinguished majority lead- Jaynes, Jackson, MS; a special cousin, Mr. State of Oklahoma, went to Washing- Renalda Jaynes of Jackson, MS and addi- er, Senator DOLE, has gone far beyond ton and were coming back. Of course, the expectations of the American peo- tional relatives and friends. Oklahoma, having been a donor State Mr. COCHRAN. Mr. President, in con- ple in being fair. Those of us who are for quite a number of years, does not freshmen—and I think I can speak in clusion, let me simply say that one get as much money back as it sends to behalf of all 11 of us who are newly mark of the courage and interest in the Washington. So I guess what they were elected who just came off the campaign political development of our State was saying to us from the Federal Govern- trail and listened to the people and illustrated by Mrs. Lyells’ active and ment, in its infinite wisdom, was we were there on November 8 when the conspicuous participation in the devel- have passed a law that says you in mandate came out—do not look at this opment of the modern Republican Oklahoma cannot have the money you Contract With America in the cute ref- Party in Mississippi. sent to Washington unless you comply As an African-American, she took a with these mandates. erence that many other people try to stand and defended it with grace and That was my first exposure to man- put it, in a demeaning sense. It is a with dignity and with intelligence, in a dates. I mentioned yesterday also that very real thing. People are sick and way that reflected credit on many of us there are many fine Members of this tired of the games we are playing here who were actively involved in trying to honorable body who have differences of in Washington, and for the last 6 days build a new political party as a vehicle opinion philosophically and ideologi- we have been playing games. We have for political expression for our State cally. Certainly the very distinguished not been legislating. We have been and the citizens of our State at the na- Senator from California, [Mrs. FEIN- playing games. tional level. For that, I also will be for- STEIN], and I differ on many issues, but I know that a lot of Americans out ever grateful to her and to her family. we have one thing in common in our there are applauding at a statement Mr. President, I yield the floor. background, and that is we were both like that because that is what is hap- f mayors of major cities. pening, and they are sick and tired of I remember when we were both serv- it. We have a man who ran for Presi- APPOINTMENT BY THE VICE ing on the U.S. Conference of Mayors dent of the United States, elected in PRESIDENT Board of Directors our major concern 1992, who used throughout his cam- The PRESIDING OFFICER (Mr. at that time was unfunded mandates. paign the word ‘‘gridlock.’’ We are COVERDELL). The Chair would like to Whether it is in the State of Ken- going to come to Washington and we make an announcement. tucky or the State of Georgia, regard- are going to change; we are going to On behalf of the Vice President, pur- less of who you go to, if you talk to eliminate gridlock. suant to the order of the Senate of Jan- your mayors and your county commis- We have created gridlock, Mr. Presi- uary 24, 1901, appoints the Senator sioners and your State legislators and dent, in the last 6 days and we have from Wyoming, [Mr. THOMAS], to read the private sector, they will say the done it willfully. We have created Washington’s Farewell Address on Feb- major problem we have is not nec- gridlock to stall an issue. And I am ruary 22, 1995. essarily crime; it is not welfare; it is going to make a prediction in the The Chair recognizes the Senator unfunded mandates. Because while we Chamber of this Senate that is going to from Oklahoma. are facing fiscal problems here in offend a lot of people, I am afraid, Mr. Mr. INHOFE. Mr. President, I ask Washington, the problems are even President, but it is something that I unanimous consent to address the Sen- more severe at the local level. think has to be said. I believe that this ate. A lot of people do not realize the gen- issue has been stalled for a very good The PRESIDING OFFICER. The Sen- esis of the problem that we have in reason. First of all, why would they ator has the right to address the Sen- these mandates. I think it goes back to stall an issue on unfunded mandates? ate. the Great Society days when we de- Who is opposed to unfunded mandates f cided Government was going to take on except for a few liberal people who a role that perhaps was outside the want to keep the ability to pour money UNFUNDED MANDATES GRIDLOCK boundaries of what our Founding Fa- into social programs or other programs Mr. INHOFE. Mr. President, in order thers thought the Government should and then let the States and the cities to properly frame some observations be doing. At least if I have any under- and the counties and the people pick up that I made last night and at the risk standing of the 10th amendment to the the tab. of being redundant in some of the com- Constitution, it says that powers will Now, that is a philosophy that is out ments I made on this floor yesterday, be reserved to the States or to the peo- there, and there are some of those who let me just make some reflections as to ple other than those specifically dele- want to do that. But this is not a Re- my feelings on unfunded mandates that gated to the Federal Government; that publican or Democrat program; it is come from quite a few years back. we have become very greedy at the not a conservative or liberal program, Back in 1967, one of my closest politi- Federal level, and that this greed ema- because if you look at the Senator cal allies and friends, who later became nates from the desire of politicians, an from California, as I mentioned, Mrs. Senator David Boren, and I came to insatiable appetite to give things to FEINSTEIN, she is very supportive of Washington from the State legislature people in return for their votes. And re- this because she has sat in a mayor’s to protest the mandates that came alizing that there is not an adequate seat and knows what it is like to have from Lady Bird’s Highway Beautifi- amount of money there, they, of to pay for these mandates that come cation Act of 1965. We made a list of course, impose those financial hard- down. S 1254 CONGRESSIONAL RECORD — SENATE January 20, 1995 Yesterday, in the Chamber, I out- organization when I make this state- nity. We better be careful because the lined that in only three cities in Okla- ment. private hospital might have to carry homa the unfunded mandates exceeded The PRESIDING OFFICER. The out some mandates that the public hos- $35 million, and this is over a period of Chair recognizes the Senator from Ken- pital will not have to. time. It is just incredible that you tucky. Why jam this thing through when all could have this. It is not just in Broken f those problems are there that should Arrow and Tulsa, OK, and in San Fran- be worked out? We wake up: Oh, I did cisco. It is throughout America. So it UNFUNDED MANDATES not know it was in the bill. I will guar- is something that everyone now wants Mr. FORD. Mr. President, I admire antee not a Senator here, with few ex- to do something about. The liberals are my new-made friend from Oklahoma. I, ceptions, can tell you everything that for it. The conservatives are for it. Or- too, was Governor. I came to Washing- is in the bill. You get up here and talk ganizations like the U.S. Conference of ton about the so-called unfunded man- about, oh, we are just gridlocked. It Mayors are for it; the Municipal dates. It was a little easier to take care may be gridlock, but a couple of League is for it; the NFIB is for it. All of then than it is now because we had things—real, I think—have happened. organizations out there are for this. 12 years of Republicans who ran us One, the utilities woke up and business And yet it has been stalled and stalled from $900 million to over $4 trillion in woke up about what is getting ready to and stalled and stalled. It is a bill, a debt in 12 years. It is a little tough for happen to them, for one. That is one. resolution that could very well have us now to carry that load. Then we found we left out the elderly; been deliberated for 2 days and passed Mr. INHOFE. Will the Senator yield? we exempted everybody but the elder- as everybody wants it. Mr. FORD. Not now. I did not disturb ly. AARP, I am sure, did not know it. The reason I do not believe it was the Senator when he was speaking. But last night it was 99 to zip when you passed is because there is a deliberate The PRESIDING OFFICER. The Sen- found it, and that was because we said effort to stall the vote on this until ator declines to yield. let us look at the bill. And Senator after the State of the Union Message Mr. FORD. Then we hear something LEVIN, from Michigan, was the individ- that will take place next Tuesday about gridlock. If the Senator had been ual who found it, brought the amend- night. And when that happens, I pre- here 2 years ago, you would have been ment up, and the Republican floor lead- dict in the Chamber of this Senate part of gridlock—and I say ‘‘the Sen- er became a cosponsor of that amend- right now that the President will stand ator’’ rather than ‘‘you’’; I want to be ment. That was helpful. up, even though he may not like the careful of my language for the You can stand here all you want to idea of passing an unfunded mandates RECORD—because the Republican side bill, which I personally do not think he would not let us go with pieces of legis- and say we have to get it through be- really wants but he heard that the lation we thought were important. Now cause the American people want it. But American people did want it on Novem- they have become part of the Contract when small business and major busi- ber 8, and he is going to say, ‘‘And I am With America. The same pieces of leg- nesses are being hurt, they are not able going to ask this Congress, I am going islation, basically, that were filibus- to be competitive with public—we have to ask this Senate to go back into ses- tered in the last session of Congress are local incinerators and private; we have sion and pass the unfunded mandates now in the Contract With America. landfills, public and private; we have bill.’’ And we will. And it is a bill that Surprising, is it not? Surprising. hospitals, public and private—and you we should have passed a week before. We stand here in the last few days, are putting a heavier burden on busi- Is this gridlock? Yes, it is gridlock. I last couple of weeks, and act like the ness and taking it off of their competi- think it is intentional gridlock. One world has stopped. tor, which is government, I think you time someone put the pencil to how We forgot aging in the bill that came ought to take a step back and see what much it costs us to keep this body in. out of committee. It would have gone you are doing on this. I wish I could recall those figures right on and we would have excluded aging We on this side have given you an op- now, but it is very, very expensive. So in the amendment. And the manager of portunity to do that. If you want to there was a tremendous cost to the the bill from the Republican side, the continue to make the mistake, con- American people. There is a lot of in- majority side, was a cosponsor of that tinue to make the mistake of putting convenience to a lot of people. There amendment when he found out about horrendous burdens on business and were late nights. There was a dialog. it. So we have made some contribution. not on the public entities, then go We talked on this floor about every We had an amendment last night ahead. When this Senator, 8 years ago, conceivable subject that you could talk that was defeated, but utilities—and introduced unfunded mandates legisla- about and finally got around to making your State ought to be very interested tion—the threshold was $50 million a few comments about unfunded man- in utilities—wanted that very badly, then and it has not changed—I got two dates. because the mandates to private enter- Senators, two Senators who would be So I am saying, yes, it is going to prise stick and they do not stick on cosponsors. happen, but it is not going to happen public entities under this legislation. How times have changed. You said until after the State of the Union Mes- So it is the business-oriented group back, I guess in 1967 or 1968, you were sage. I think that is a very sad thing. here, I guess you would say, who have here. Where were you when I needed Do you know where I got the idea of said to business: We are going to stick you 8 years ago? Where was all this eu- gridlock and where I am coming up it to you. Because the mayors and com- phoria for unfunded mandates legisla- with this? It came from someone who missioners out there are raising Cain, tion? I introduced it a year later— talks to a lot of people. It is my barber. we are going to let them off the hook. nothing happened. So I dropped it. A lot of times we have this beltway So we have incinerators: Private and Maybe I should have carried it on. I mentality here where we talk to bu- public. The public does not have to would have been a part of the Contract reaucrats and we talk to think tank take the mandate but private will, re- With America. But I was there 8 years people and we talk to each other and gardless of what it costs. ago. I was there 7 years ago. The we forget that there is a real world out Landfills: Public and private. The threshold is the same. Now you want to there with real people who are sick and private will have to get stuck with all change some from $50 to $100 million. tired of what is going on up here. I that. Things are beginning to change. And think we will all have learned a lesson Schools—think about schools, the there are now some changes being as a result of this. mandate on schools. Private will have made in the bill, I think for the better. So, Mr. President, in conclusion, I to be stuck with it; public will not. You can fuss at me all you want to. say I hope the American people have Hospitals; in my hometown we have You just give me the devil. Devil take been watching for the last couple of two fine hospitals. Those fine hospitals the hindmost, you know? But I am days, because what they saw is some- want to come together—one is public doing what I think is right, and two thing we are going to bring to an end. and one is private—and come with an changes have made this bill better. I think I speak in behalf of certainly HMO, to merge and try to give better It does not go into effect until 1996. all 11 of the freshmen Members of this service at lower rates in my commu- Why is the urge here to get something January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1255 done when mistakes are being made in other side made. They are almost iden- the Senator from Kentucky and a cou- the bill? tical. So as times change, the more ple of points that he made, and then And one other thing, one other thing. they stay the same. talk in general about the problem I Many of you, the new Members, are Mr. President, I yield the floor. think we are confronting here in this from the House. Over in the House you Mr. SANTORUM addressed the Chair. debate on unfunded mandates. could be paid for your travel and be a The PRESIDING OFFICER. The I would agree with the Senator from frequent flier and you take those fre- Chair recognizes the Senator from Kentucky that amendments have been quent flier miles and use them person- Pennsylvania. offered to improve the bill. I would ally. That is all right on the House Mr. SANTORUM. Thank you, Mr. agree that the amendments he referred side. We have never done it on the Sen- President. to have in fact improved the bill, and ate side. I am a chairman of the Rules Mr. President, I come here to join my have in fact gotten bipartisan support, Committee. I said no, and that is colleague from Oklahoma in his com- and the legislative process in that re- agreeable. ments concerning what is happening in spect is working. So I had a little amendment here, if the Senate. I have a statement, but I I also remind the Senator from Ken- you recall, about a week or 10 days ago want to yield to him for a few moments tucky that we are in the first step of that said the House could not use tax- to respond to the Senator from Ken- the process. We are considering the bill payers’ money for personal use. They tucky. here for the first time. The House is get out here on the floor and every Re- Mr. INHOFE. I thank the Senator yet to bring it up. They are going to be publican voted against me and said let from Pennsylvania. considering amendments under an open the House take care of it. If they want Mr. FORD. Mr. President, I might rule which will allow improvement to to have it for personal use, let them do say that under the rules of the Senate, this bill. We will then in all likelihood it. he can get, by asking unanimous con- pass different versions of this bill. It What is wrong is wrong and what is sent, all the time he wants. The Sen- will then go to conference where dif- right is right. If you listened to Sam ator does not have to yield to him. ferent ideas that have been percolated Donaldson the other night, and the Mr. INHOFE. I say to the Senator through the legislative process get re- House let the bill go through without from Kentucky that we know the rules. solved, and hopefully even a better making the changes and they are still But I would like to make one short re- product will come out with the best getting the perk—you are going to get sponse, if I may. ideas of the House and Senate. that amendment again. Because 50 mil- First of all, Mr. President, I have a I do not think anyone would say that lion people watched, as they said the great deal of respect for this institu- any bill that passes the House or the House did not take care of that per- tion, and I have studied the back- Senate is perfect. There are always sonal perk. So think about it just a lit- ground and the history of how we got things that are going to come up that tle bit. into a bicameral system. I think there could have been improved. We would In this bill you are changing the is a very useful purpose for that. I like to see debate. I would like to see rules of the House. You are changing served 8 years in the House of Rep- debate on germane amendments that the rules of the House in this bill. And resentatives, and things run through deal with the issue of unfunded man- I am going to ask you to stop it be- there quickly. The train has slowed dates. I would like to see improve- cause you would not—Let them have down here. But there is a difference be- ments to the bill. I would like to hear the perk. So why should you mandate tween slowing down the train and stop- the concerns of both Republicans and changes in the rules of the House in ping the train. Democrats as to what we can do to this bill? All the former House Mem- When a statement is made about why make this bill a better and more effi- bers, how mad would you get when the the urgency since it does not take ef- cient process for reducing the amount Senate did that when you were in the fect until 1996, the urgency is that we of unfunded mandates that we pass on House? You got pretty mad, got pretty have many other things in a contract, to the State and local governments. upset. You did not want it done. That a so-called Contract With America, But that is not what is going on here. was the reasoning. things that Americans believe they What is going on here are amendments But now in this bill it is all right. It were voting for on November 8. We that have absolutely nothing to do is in your bill that you want to get want an opportunity to present those. with unfunded mandates, like frequent through immediately, and you are We cannot do that if we get bogged flier amendments, abortion clinic changing the rules of the House. Try a down day after day for hours and do amendments, and going on and on, that look at page 26, (d), lines 1 through 5. not get much done with a bill. have nothing to do with the substance Just take that little section of this bill I will make one other statement that of the bill that are in these riders. and see what it does to the House. I think is very significant. Certainly, I I remember when I was running for What is fair for the goose is fair for the have the utmost respect for the Sen- office, people would come up to me and gander. And you are going to have that ator from Kentucky. It is true that say, ‘‘When you get to the Senate, you amendment. You are going to say no, when the Republicans were the minor- get rid of those riders, all of those we just want to let them have perks. ity here in this body, that there was things that they just throw on these But in this bill, this is the difference. filibustering going on. I think even bills that have nothing to do with the We are going to find out the attitude, though it may not have technically bill, that really clog up the legislative and see how you go are going to vote been a filibuster, what we have been process and get all these things thrown because we are going to get that experiencing in the last 6 days cer- in there that we do not like.’’ amendment. And it is coming pretty tainly is very close to that. The dif- What we are seeing here is a classic quickly. Maybe we can get it early ference is this: The difference is when example of what the American public Tuesday. But some changes ought to be they were filibustering last year in this does not like, which is a bill that has made in the bill, and they will be of- body, they were filibustering a bill; for broad public support that is moving fered. We will have a chance. The Sen- example, the Government takeover of through the process, that is contin- ate will have a chance to be for or the health care system. That was ually being derailed on education is- against this piece of legislation. something that 80 percent of the people sues, on abortion issues, and unfortu- Mr. President, I do not know about did not want. nately we are not getting back to the my time. I do not know whether I can What we are talking about now is un- subject at hand, which is unfunded reserve it. But some will not use time, funded mandates, which is something mandates, and moving that process and I will be able to get more time that by survey 80 percent of the Amer- through which has overwhelming pub- later on. ican people do want, and I draw a lic support. But let us be reasonable about this. major distinction between the two. We are happy to deal with germane Talk about having comity. We get up I thank the Senator from Pennsylva- amendments and improvements to the and say how bad we are. I can go back nia for yielding. bill. That is what we have been striving and give speeches maybe of months ago Mr. SANTORUM. Mr. President, to do—limit the debate with cloture pe- almost identical on this side that the what I want to do is first respond to titions that the majority leader has S 1256 CONGRESSIONAL RECORD — SENATE January 20, 1995 sent to the desk. Let us have a full and to stand up and say that it is time to there are things in this bill that con- open debate on unfunded mandates. Let move forward. cern a lot of Members and a lot of peo- us deal with the amendments that are So I hope that Republicans and ple in this country, and they should be germane to the bill that could improve Democrats can join together and push debated. That is what we want to do the quality of legislation. That is what this package forward and limit the de- with this cloture motion. If we get an we are attempting to do with the clo- bate to amendments that are germane agreement to limit the number of ture petition. Let us just deal with the to improving the quality of this bill, so amendments and the time in which things that are germane, that are im- we can produce the best product here they can be offered, that is what we provements to the bill, and let us put in the Senate, so we can come up with want to do. all this other stuff—which may be im- the best piece of legislation that the That is what this side of the aisle is portant—let us put it aside and we can best minds in the country here in the trying to do. We are trying to move the bring it up another day. U.S. Senate can work on and craft and bill forward, trying to be accommodat- As many Senators from both sides of send to the House. And maybe if they ing. We are trying to keep our promise the aisle said, we are in early January. recognize the great handiwork that we with the American public to move this We have a lot of time in this session to have done here, they will just accept institution, to get bills passed, to get it deal with a variety of issues. what we have done. done in a prompt fashion, and to de- But this is a bill that has the support They did that with the congressional liver on the November election. that has been worked on for at least 8 accountability bill—another bill that years, and has had bipartisan support was slowed down for a week with spuri- I think we can do that, and I hope for a long period of time. ous amendments on a whole variety of that with the support of Members on I just got off a conference call 2 days different topics that had nothing to do both sides of the aisle, we will be able ago with mayors all across my State. with congressional accountability. We to accomplish that. We did a conference call talking to did such fine work on the germane Mr. FORD addressed the Chair. them. The comments that I got were amendments, such good handiwork The PRESIDING OFFICER. The Sen- just overwhelming. I have been getting here in the Senate on the underlying ator from Kentucky [Mr. FORD] is rec- calls from my county commissioners bill, that we kept it, in a sense, clean ognized. from both sides of the aisle saying, from all these other amendments. And Mr. FORD. Mr. President, may I in- ‘‘Please move this bill forward. We when it came to the House, the House quire of the Chair, what would be the need this help. We need this assurance said: You folks did a pretty good job; procedure now since we are limited to that you are not going to continue to we will just pass your bill. In fact, it is 15 minutes and no other Senator is push more and more costs on local gov- now on the President’s desk. seeking recognition? What would be ernment and State government with- That is the kind of action the folks the parliamentary procedure, so that out providing the needed funds to pay in Pennsylvania want. I think that is we might understand that for the rest for these programs.’’ the kind of action folks all over the of the day? So we have the consensus. I agree the United States of America want from I felt the Senator from Oklahoma details need to be worked out. The Sen- this body. They want us to get down to could have gotten the floor in his own ator from Kentucky is absolutely business. They want us to focus in, one right without—— right. We have improved the bill. There by one, on the issues that are impor- The PRESIDING OFFICER. The will hopefully be other amendments on tant to America. The Senator from Chair finds that as long as we are in which we can make improvements, at Kentucky is absolutely right. The fre- morning business, any Senator can be least that we can discuss, to this bill. quent flier issue is an important issue. recognized for 15 minutes at a time. But let us do that. Let us focus in on It is a perk that the House should not Mr. FORD. I ask unanimous consent that. have. When I was in the House, I did to speak as in morning business for an I came from the House of Representa- not accept my frequent flier miles. I additional 5 minutes. tives. I have been reminded many, did not use them for personal use. It The PRESIDING OFFICER. The many times that the House and the was my office policy. The Senator from Chair would find that every time the Senate are different bodies, and they Kentucky is right that that privilege is Senator is recognized, he would have 15 are. I appreciate the difference. I un- available and it should not be. It minutes; it is not necessary to ask derstand the Senate is a more delibera- should not be. I hope that we can work unanimous consent. tive body. That is a wonderful thing. together and make that happen. I hope Mr. FORD. Now, that is clear. I look back at last year, and look at the House acts quickly to do that. But the bills that were stopped here in the I would not be averse to putting some f Senate that were rammed through the pressure on the House to do that. House because of the rules of the Let us focus on what we all now HOW THE SENATE OPERATES House, that were rammed through the agree should be passed, what needs to Mr. FORD. Mr. President, it is a new House, that came here to the Senate be passed to restore to this institution day and I am enjoying it. I remember and were slowed down and in many the faith of the American public that cases changed, and in some cases we are a body that listens, that we are when I came from Frankfort, KY, as a stopped completely. It was a benefit. a body that can act, and that we are a former Governor, I had a file cabinet, The Senator from Oklahoma referred body that understands our obligation one of those paper file cabinets, drawer to the health care bill. He is absolutely to serve the American public. I hope size, with projects in it that I was un- right. That process was slowed down that is what we can do when we return able to complete. If you remember— dramatically here in the Senate, and I for votes Monday and Tuesday—that maybe you all are not old enough—but think to the benefit of the American we can focus the attention back on the if you remember, we had a pocket veto public in the long run. bill, that we can improve the quality of of highway funds and utility funds by So the Senate does have an impor- the bill, that we can move the bill for- President Nixon. A suit was filed, as I tant role to play. But when we have ward quickly, that we can get to the recall—do not hold me to every detail, pieces of legislation that have broad other pieces of legislation that are but a suit was filed—and I think Sen- support, in fact have broad bipartisan waiting in line behind unfunded man- ator Muskie was the chairman of the support in this body—we have 60-some dates, like the balanced budget amend- Budget Committee, and the Governor cosponsors on this bill—we have, hope- ment, that are important pieces of leg- of Missouri filed suit. The courts held fully, more that will actually vote for islation which, again, the public wants that the President of the United States the bill. When you have that kind of us to take up and move in a timely had to release that money. support, when you have the support fashion. Well, we had been held up for a year here, the support in the public, and you I do not want to stop debate on any and we were into the second year of ap- have—with this last election—a clear amendment that improves the quality propriated funds, so we had a lot of mandate to move, then I think it is the of this bill, not one. Offer them, debate money to spend. We were doing well. obligation of the people who support them. It is needed. The Senator from We got the first and second phases of this measure, on both sides of the aisle, West Virginia is absolutely right that some projects done—sewer, water, January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1257 things of that nature. So I came with So I felt it was more incumbent upon look at this bill and say you are going that box of projects that I wanted to me, then, and other Senators here, in- to mandate on business and not the get finished. The senior Members here cumbent upon us to see that that bill public sector when they are in competi- said to me—you know, I was gung ho. was as good a bill as we could pass. Be- tion with each other, I think you ought They said, ‘‘That is all right, son; you cause it was not going to conference, to take a step back and look at it. just relax. We will get to it next week, we would not have a second shot at it. Hopefully, some of these amendments and if we do not get to it that week, we And so that became the concern of will be taken very seriously. I hope will get to it the week after that.’’ those that felt that congressional cov- that business will come forward. They It was hard for me to take. That has erage was not adequate and that we are very strongly for the unfunded only been 20 years, and I remember it were not being fair with the American mandates bill. So I hope that they will as if it were yesterday. I wanted to people. So I just think you have to get look at it a little bit closer. Do they move. When I was Governor, I picked it all in the right perspective. want to take a chance on having a pub- up the phone and the highway depart- And when your leader says it will be lic entity, government entity, to be in ment would move, or I picked up the accepted on the House side, I respect a better position to compete than they phone and somebody else would do that statement. So, therefore, when I are? Maybe they already have. But this something for me. It was something respect the individual and the state- is another addition. that I felt I would be in a position to do ment he made, I became more con- I wish the Senator from Oklahoma here, but I could not. The rules were cerned that this bill ought to be were here. He talked about one fili- different; attitudes were different; the changed, if it was going to be changed, buster that we filed cloture on. institution was different from the Gov- here, because they were going to accept There were 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, it and, just like grease, go to the White ernor’s office. 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 fili- House. So, as my learned friend from Penn- busters. Here they are. You voted on So that was one of my concerns and sylvania said, the House and Senate them in the 103d Congress. one of the reasons I felt that we ought are different. The Senator from Penn- And now, when we are trying to cor- to debate that bill and try to change it sylvania talked about the nongermane rect a bill—and even getting Repub- and make it as good as possible. Be- amendments. Well, if you recall, it was cause that was the last chance we were lican support for our changes in the on both sides of the aisle yesterday. It going to have; no other shot at it. bill—we are being fussed at because was not just Democrats that put up a So now on this piece of legislation, there is gridlock. There is no gridlock nongermane amendment. A Republican unfunded mandates, sure they want it. here. put up a nongermane amendment Oh, do they want it. I had a mayor As the congressional coverage bill which took hours. Even your majority from Kentucky, who is the retiring was to leave here and never to be con- leader offered a nonbinding amend- president of the National Mayors Asso- sidered again, we would never have an- ment, a sense-of-the-Senate amend- ciation. Oh, do I get calls; do I get other shot at it, I think it was incum- ment to that amendment to try to get fussed at a little bit. bent upon us to try to correct it. And rid of it. We had another one on our But when you sit down and talk to filibusters—there they are. There is the side. It took hours. That proves a them and say, ‘‘Look, we are getting record. I will not put it in the RECORD. point, though, about the Senate. down to the amendments now that we I do not want the cost of $480 a page. Every Senator has a right on this feel are very important’’—and they So Mr. President, I am overwhelmed floor, and his right is not stymied by a are—‘‘and we left out the elderly.’’ We by the attendance here this morning Rules Committee and a vote of the exempted everybody else but the elder- and those who want to wax eloquent. Senate that limits him to 2 minutes or ly. I want to respect the elderly. I As I heard my distinguished friend 5 minutes or three amendments, or think they ought to be given the same from Arkansas say last night, he was something of that nature. Every Sen- kind of respect and coverage as others. going to wax eloquent. Someone said ator has a right. That makes this body So we put in the elderly. It is a good he was going to wax. He said ‘‘no,’’ it is significantly different. So the Repub- amendment. Everybody voted for it. going to be eloquent. lican Senator was within his right to Even those that are fussing at us be- So I am sure there is nothing waxing offer a nongermane amendment here. cause they think we are holding the or eloquent about me. I am enjoying The Democratic Senator was within his bill up. being here this morning and visiting right to offer a nongermane amend- My learned friend from Pennsylvania with some of my colleagues and talk- ment, under the rules of the Senate. says we ought to get an agreed list. We ing about this great institution and So maybe you do not like it, but that have an agreed list. We did it last how we function here and what is good was his right and he exercised that night. I stayed here until almost 1 for the country and how fast we ought right. As far as frequent flier miles, I o’clock this morning. I do not know to be moving and that sort of thing. tried to put that on congressional cov- where those Senators were when we I was out here and someone said, erage. I argued strenuously that we made that agreement, but we made ‘‘You’re awful nice, FORD.’’ I said, were not truly doing what we had told that agreement. And those amend- ‘‘Yes, I’m a better human being than I the American people we were going to ments have to be offered by the indi- was because I want to be good.’’ do about congressional coverage. Con- vidual Senator unless it is by unani- A lot of us got stomped on November gress took care of itself. You are im- mous consent. He or she has to be here 8—real good. I listened. I listened 8 mune. The people out there think you and offer that amendment. We got that years ago on unfunded mandates. I lis- are not. agreement. We have a time certain to tened 7 years ago on unfunded man- We set up a commission to study and shut off amendments, and then we go dates. I listened in 1991 when we cut off see what should apply—about $5 mil- to third reading and that is debatable. frequent flier miles for personal use. I lion a year. I, as former chairman of We had a gentleman’s agreement last listened then. the Rules Committee, had set up the night. And if, in the judgment of one or The House Members came over here Fair Employment Office. That is about the other, that gentleman’s agreement and wanted it. I turned it down. It was $1 million a year just for that office. is breaking down, they have every the Rules Committee who said ‘‘no.’’ I You are not paying for it; the tax- right, it was said last night, to file a think we made a good decision under payers are paying for it. I thought cloture motion. the circumstances. So those House maybe we should lift the veil and let it So I think we have done a decent job Members came over here; and even the all apply, instead of being special and here, even though everybody wants to Vice President was interested in it Congress taking care of itself again. move it a little bit fast. when he was a Senator. That was part of my problem. I am going to vote for the bill. I am So there are a lot of things. Just re- The distinguished majority leader very strong for unfunded mandates. member, it is all down in black and said at that time that this bill would But I do not want to jeopardize the white in the history there. Let us be be accepted by the House and sent to mother’s milk of the economy, and sure what we say, and I want to be sure the President. that is business. If you are going to what I say is correct. S 1258 CONGRESSIONAL RECORD — SENATE January 20, 1995 I see another Senator here who prob- clear medical imaging, we all want the better outcome measures, better and ably would like to have some time. best and we overconsume. We must be- lower unit prices for health care broad- Mr. President, under the ruling of the come more cost-conscious consumers ly. In short, medical savings accounts Chair that when you are recognized of medical services. will give American health care con- each time, you have 15 minutes, I will Mr. President, there are two methods sumers strong incentives to change to yield the floor so I can be recognized of doing this. First, as the Clinton ad- modify the way they consume health again. ministration urged this past year, we care services because they are able to The PRESIDING OFFICER. Does any can limit technology. We can ration keep any money that they do not Senator seek recognition? care thereby ultimately destroying the spend. Mr. FRIST addressed the Chair. good quality of health care that we We will potentially save billions of The PRESIDING OFFICER (Mr. have today. The American people out- dollars in health care costs because in- SMITH). The Chair recognizes the Sen- right rejected this alternative. And dividual patients will modify their pur- ator from Tennessee. with good reason. It would have re- chasing habit behavior. Medical sav- f duced the quality of care in this coun- ings accounts will also potentially save try. billions of dollars in administrative MEDICAL SAVINGS ACCOUNTS I saw this happen first hand during a costs. In 1992 alone, administrative Mr. FRIST. Mr. President, I rise year I spent in England as a medical costs for health insurance exceeded $41 today to discuss the issue of health registrar in heart and lung surgery. I billion. With medical savings accounts, care in America and specifically the watched over and over again as pa- patients will deal directly with health concept of medical savings accounts, tients waited months for medical pro- care providers and eliminate many of sometimes called medical IRA’s. cedures which they would have ob- the third-party intermediaries. I speak today as an elected official, tained in a few days or a few weeks in Finally and perhaps most impor- as a U.S. Senator, but also as a practic- this country. Sadly, in some instances, tantly, the use of medical savings ac- ing physician having devoted the last I watched patients die while they wait- counts will maintain the high quality 20 years of my life to caring for pa- ed. of care that Americans have come to tients. The second choice, and the one I be- know. While the Clinton administra- I have witnessed first hand the lieve we must follow if we are to stem tion would limit technology and force unequalled quality of health care in the skyrocketing cost of health care in hospitals and doctors to ration care, the United States. But I have also wit- this country, is to empower individuals medical savings accounts will put the nessed the problems in health care to enable them to purchase their medi- individual back in charge of his or her today—the skyrocketing costs and lim- cal services directly, as they do other own care and consumption of medical itations in terms of access. services in our society today. services. Last year, President Clinton ad- Medical savings accounts would en- Mr. President, in closing, we in dressed the problems of our health care courage patients to become more pru- America are fortunate to have the ab- system, but his proposed solutions dent in their decisionmaking in the solute highest quality of health care in were fatally flawed. He favored monop- purchase of health services. What are the world. When the leaders of the olization, not competition. He sought medical savings accounts? Medical sav- world become seriously ill they do not to empower bureaucrats, not individ- ings accounts are tax-free personal sav- go to Great Britain or Canada to seek uals. And in the end, he relied on Gov- ings accounts which can be used by an treatment. They come here, to the ernment, not the private sector. individual to pay his or her medical United States. While there are those Fortunately, once the American peo- bills. Take, for an example, an em- who would like to stifle our techno- ple heard the truth about the adminis- ployee of a typical company. Today, an logical advances and allow bureaucrats tration’s plan, they rejected it. Never- employer might pay $2,000, $3,000, or to tell people how much and what kind theless, the problems with our health even $4,000 for a medical insurance pol- of health care we can receive, the care system have not disappeared. icy with a $500 deductible for an em- American people have spoken loudly Make no mistake. There are problems ployee. But the employee then has no and clearly and rejected this notion. with our health care system in this incentive to be cost conscious. In con- No one can predict what will happen country today. Instead of scrapping the trast, if medical savings accounts were in the next 50 years of the 21st century whole system we must target and fix available, the employer would deposit in the field of medicine; 50 years ago what is broken. an amount, say $2,000, in a tax-free per- when my dad was a practicing physi- Mr. President, I believe the use of sonal savings account which would be- cian, making house calls day by day, medical savings accounts is an impor- long to the employee. The employee he would not envision that somebody tant first step in that process. A fun- would turn around and buy an inexpen- such as myself would be doing heart damental problem which characterizes sive catastrophic-type policy which transplants in the 1990’s. The techno- every interaction between patient and would cover medical expenses greater logical advances are simply mind-bog- health care provider is that the pro- than $2,000 if they occurred in any sin- gling. vider is not paid directly by the patient gle year. For medical expenses in- Mr. President, the challenge for ev- but by a third party. On average, every curred up to that $2,000 deductible eryone is to maintain the highest qual- time a patient in America receives a limit, the employee, using his or her ity health care in the world, and to dollar’s worth of medical services, 79 own discretion, would use money from continue to make it available to all cents is paid for by someone else, usu- the savings account for these pur- Americans. This can only be done if we ally the Government or an insurance chases. change the basic framework through company. The result is that we grossly Any savings account money not which medical services are consumed overconsume medical services in this spent on health care over the course of and continue with a market-based sys- country today. that year would roll over into that sav- tem. Imagine if we were all required to ings account and grow tax free. It I believe the use of medical savings pay out of pocket only 20 cents out of would accumulate, year after year. At accounts will be a major first step in every dollar of food that we purchased, retirement that money—the money not that direction. Individual patients be- or transportation, or clothing. We used—could be rolled over into an IRA, come part of the solution, not just part would all buy more than we need. That into a pension or be used to pay for of the problem. For this reason I hope is what happens in medicine every day. long-term care or other expenses. that my colleagues in the Senate will Since people do not feel they are pay- Thus, the individual would have a support my efforts to pass legislation ing for it out of their own pockets, and strong incentive to become a cost-con- later in this session to create medical everyone does want the very best and scious consumer of medical care. He or savings accounts. the very most at any price. Whether it she will demand quality care at com- Thank you, Mr. President. I yield the is the deluxe hospital room, whether it petitive prices. The consumer, the indi- floor. is the MRI scan for a headache, wheth- vidual, the patient, will then drive the (Disturbance in the visitors’ gal- er it is the latest and the newest in nu- market. The system will respond with leries.) January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1259 The PRESIDING OFFICER. The gal- In the case of the people in the State that we also limit taxes. I am for a lery is reminded not to display any ap- legislature, they suggested to me that three-fifths vote to raise taxes. That proval or disapproval of remarks on the if we want the balanced budget amend- would put an additional constraint on floor. ment to be ratified by the State legis- the House and Senate and would make Mr. FORD. Mr. President, I have a latures, we had better make it very it more difficult for us to try to longtime habit that is hard to break clear that the Federal Government is achieve a balanced budget by raising and it is opposed to the rules of the not going to attempt to achieve that taxes. The fact is that has never Senate. I should not refer to another balance by laying all of these mandates worked. Senator as ‘‘you.’’ It was not any dis- on State and local governments. We In March of 1993, W. Kirk Hauser respect at all. So in referring to the might have done that in the case of the wrote an article, an op-ed piece, in the two Senators, one, I think, from Okla- health care legislation that, I think Wall Street Journal in which he noted homa, the other from Pennsylvania, by fortunately, was killed last year. One that over the last 30 or 40 years reve- using the word ‘‘you’’ I hope that it of my friends back in Arizona called it nues to the Federal Treasury have been will not be taken as an affront in any ‘‘justifiable homicide.’’ I am delighted almost static at about 19 percent of the way because I did not mean it that we did not pass the kind of bill that gross national product or 19.5 percent way. I will look at the RECORD and see was originally proposed because it of the gross domestic product. It has if I cannot straighten it out by unani- would have created a huge mandate on ranged very little, and it does not mat- mous consent. the private sector. In fact, it was called ter whether we try to raise taxes or The PRESIDING OFFICER. Without employer mandates. And employers lower taxes or whether we have a Dem- objection, it is so ordered. would have been required to pay sub- ocrat President or a Republican Presi- stantial amounts of money. In some Mr. FORD. Mr. President, I suggest dent or we were in war or good times or cases I believe there were situations the absence of a quorum. bad times. None of that mattered. Over where they really could not afford it, The PRESIDING OFFICER. The a few weeks revenues would fluctuate a which is the reason they do not provide clerk will call the roll. little bit. But very soon they would that health care today. So both for the The bill clerk proceeded to call the stabilize at 19.5 percent of the GDP. roll. public and private sectors it is impor- tant that the Government not impose In fact, when we tried to raise tax Mr. KYL. Mr. President, I ask unani- rates in order to bring in more revenue, mous consent that the order for the these mandates. But as I said, it is im- portant not only in its own right but for a very short period of time more quorum call be rescinded. revenue came in. Then, as people The PRESIDING OFFICER. Without because of the connection to the bal- anced budget amount. changed their behavior, it settled right objection, it is so ordered. back into 19 percent of GNP. When we f Mr. KYL. Mr. President, I ask unani- lowered tax rates momentarily there mous consent I be allowed to address BALANCED BUDGET AMENDMENT was a reduction in revenues. But very the Senate in morning business. Mr. KYL. Mr. President, I would like quickly the increased economic activ- The PRESIDING OFFICER. The Sen- ity that resulted from those lower ator is recognized for up to 15 minutes. to turn for a moment to the subject of a balanced budget amendment in this rates resulted in more taxes to the f overall context that we are debating Federal Treasury even though at a unfunded mandates, and soon we will lower rate. UNFUNDED MANDATES be debating the balanced budget How could that be? It is like a store Mr. KYL. Mr. President, the debate amendment because the Joint Eco- that has a sale. When you reduce the we are engaged in, and have been for 8 nomic Committee held a hearing this prices you do not necessarily reduce in- days now, is important not only be- morning and took testimony from both come. You bring more people into the cause the American people are tired of House and Senate Members on their store. You sell more goods, and you can the Federal Government telling them proposals for achieving this goal. make more money than if you price the what to do—and, in the case of State When we talk about the Federal Gov- goods at a very high price. It is the and local governments and tribal gov- ernment achieving a balanced budget same thing with revenues to the Treas- ernments, having the additional burden without passing the costs on to the ury. of then having to pay for those Federal State and local governments in the So we reduced tax rates. We have not mandates. It is important, therefore, form of unfunded mandates, the ques- reduced revenues to the Treasury. not only because the unfunded man- tion of course, arises, how are we going They have stabilized at 19 percent of dates legislation would put a stop to to do it? In fact, some people, some the gross national product. that in the future and say that from Members of the Senate, have chal- The lesson to be learned from this is now on the Federal Government is lenged those of us who support a bal- this: People change their behavior going to have to identify the cost of anced budget amendment as to how it based upon governmental actions. You mandates on the private sector and is is going to be done. They say be spe- cannot expect people to just sit there going to have to pay for the mandates cific. Of course, we have said, ‘‘You say and take it when the Government does it imposes on the public sector—it is we don’t need a balanced budget to things to them. The result is that if we important not only for that reason, but achieve balance. So why don’t you tell limited spending to 19 percent of the it is also important because when we us how you would do it? Why don’t you gross national product we would be pass the balanced budget amendment be specific? You have had 40 years in limiting spending to the historic level and send that to the States for their the case of the House of Representa- that the American people have been ratification, the State legislatures and tives and you have not gotten the job willing to pay in the form of Federal the Governors are going to be consider- done. Give us a chance and we will do tax revenues. We would also be bal- ing whether or not to ratify that it.’’ ancing the budget because our spending amendment. One of the concerns that First, we want to establish the dis- would be the same as our revenues. they are going to have is that the Fed- cipline that requires us to do it. As- That is what a balanced budget is all eral Government might attempt to sume we had passed the balanced budg- about. achieve its requirement of meeting a et amendment in the House and it is The other advantages to this kind of balanced budget by simply foisting the the version that did not pass but al- approach—and I have to confess that costs onto the State and local govern- most passed the House of Representa- the very first bill that I introduced as ments and tribal governments. tives and, we believe, has the votes to a Member of the House of Representa- I would add as a footnote that in my pass in the Senate now and will pass tives was a Federal spending limit as State of Arizona the business of tribal the House of Representatives. That the way to balance the budget and it governments is significant, and they merely requires that the Federal Gov- was also the very first bill that I intro- have to bear the burden of some of ernment balance its budget. What duced here in the U.S. Senate; a bill these mandates. So they are all con- then? We know that there are people in that would require a balanced budget cerned about this. both the House and Senate who propose and achieve that by limiting spending S 1260 CONGRESSIONAL RECORD — SENATE January 20, 1995 as a percent of the gross national prod- growth, to provide more jobs in this locked up in our economy because of uct. country. Fortunately, our unemploy- our capital gains tax rates today. That There are additional advantages to ment rates are low right now. But it is means if we were able to reduce the that approach. In addition to spending a constant challenge, as the Secretary capital gains tax rates, people would the historic amount that Americans of Labor would attest, it is a constant say: Now there is incentive for me to have been willing to pay to the Federal challenge for us to keep this economy turn this piece of property over that I Government, we would also be achiev- growing, to keep providing jobs so that have been holding all these years. I in- ing another extraordinarily important future generations will have the same herited this from Grandma Jones, and objective. kind of standard of living that we have we have held onto it because if we sold Mr. President, I cannot stress this been able to enjoy. it, we would have to pay a huge tax on point too much. People who say that You do not do that by sucking all of it. But we could use the money and all we have to do is have a requirement the money out of the private sector for would like to invest it in something. for a balanced budget are, in effect, Government revenues. I have never un- With reducing the capital gains tax saying that we could balance the budg- derstood how you make people better rates, that family might make the de- et at twice what it is today, or three off by taking more of their hard-earned cision to sell that piece of land, to reap times as much or four times as much tax dollars. the liquid result, the liquid capital as long as we bring in the revenues to It is like the old practice of bleeding from the sale, and invest that into pay for that. a patient with leeches in order to make something else. Would anybody support that? I think the patient healthy. They figured out Economists believe that this $7 tril- not. We have a $6 trillion economy after a while that taking a patient’s lion that is thus locked up could be right now. Would anybody suggest that blood did not make him more healthy. freed by a reduction of capital gains we should have a $6 trillion Govern- The same thing is true with extracting tax rates in a way that would generate ment budget and try to raise the more tax dollars. If you leave those huge economic growth because of the money to pay for that budget? We dollars in people’s pockets, they invest turnover of this capital in our market. would be in balance if we could do it. them, they spend them on things that So there is additional incentive to But, of course, that would be extraor- are important in their lives; they will balance the budget by limiting Federal dinarily detrimental to our standard of send their kids to college, they will put spending as a percent of the gross na- living, to our economy, and nobody, I some money in a savings account. tional product. I believe it would cause think, suggests that there should be an By the way, what happens if they buy Congress to be more responsible in the unlimited amount of money that could a stock or bond? Say they take a little way we deal with our economy. be spent so long as we raise it. of that and put it into a money market Mr. President, these are just a few So it matters as much where we bal- account —that is a stock; it is money thoughts that I have regarding my pro- ance that budget as the fact that we re- that goes to a corporation which needs posal to limit Federal spending as a quire it be balanced. We need to bal- the money to expand, to build a new percent of the gross national product. I ance it at a sensible level. I suggest plant, let us say. Then they build a new realize that this is too tough and, in a that the level is again a historic plant. Plants are empty, so what do sense, it is too sensible, and that it is amount that Americans have been will- they do? They hire people to work in going to be easier to get the votes to ing to pay to the Treasury, 19 percent them. Putting money to work in the pass a balanced budget amendment if of the gross national product. That is private sector is capitalism. That is we are not too tight, if we are not too where we need to balance the budget. what our economy and a free market is tough, because some people have a view It also matters how we try to balance all about. that we should be able to raise taxes, the budget. Did we raise more revenues If you leave that money in the pri- for example. And so the only version by raising tax rates? The answer is no, vate sector, we will have a growing that probably has a chance of passing because people change their behavior. economy. Congress too often has pur- is one that simply requires us to bal- The luxury tax of a few years ago is a sued policies that are inimical to eco- ance the budget. It does not set the perfect example. Congress thought that nomic growth and to sound market level or tell us how to do it. It does not by raising the rates on yachts and jew- principles. I believe if we had a spend- provide incentives to help the economy elry, expensive cars, we would rake in ing limit requirement on a balanced grow. But we can achieve those objec- more money. Of course, rich people are budget amendment, what we would find tives by the way we implement the bal- not necessarily dumb. And they just is—particularly if we tied it to a per- anced budget amendment. stopped buying the yachts and the jew- cent of the gross national product— In conclusion, what I am going to be elry and the cars. So guess what? The that Congress all of a sudden got real suggesting here very soon is that as tax revenue did not come in. And there smart about economic policy. If we soon as the balanced budget amend- was another very serious unintended said—as my amendment says—Con- ment is adopted, we need to come in consequence. The people who made the gress can only spend 19 percent of the behind that, in the wake of the passage yachts, for example, lost their jobs be- gross national product, what would of the balanced budget amendment, cause people stopped buying them. You Congress’ incentive be with respect to with implementing legislation. A lot of price yourself out of the market in the the gross national product? It would be our friends have said, ‘‘How are you private market. Government can do to pursue policies to grow the gross na- going to do it? Tell us how.’’ Here is the same thing in the case of tax rates. tional product, because the more the how I would do it. I think if we can So it matters how we achieve a bal- gross national product grew, the more provide implementing legislation that anced budget, and you cannot do it by the Congress could spend. If the gross limits Federal spending, we can guar- artificially raising tax rates. No. You national product grew $100 billion, Con- antee that we are going to achieve the need to do it the simple, straight- gress could spend $19 billion more. objective in the right way. There will forward way by getting at the heart of What does Congress love to do? It loves have to be enforcement provisions, and the problem. What is our problem? The to spend money. Let us take advantage we will still have to make the tough, problem is Congress spends too much. of a little human nature here. If we specific decisions as to exactly which Is there any other problem? Why are want Congress to promote sound eco- programs in which to reduce spending, we out of balance? It is because we nomic policies, to help the economy for example. But in terms of an outline spend too much. So the simple and grow, as measured by the gross na- of how we will achieve the objective, I straightforward way to deal with that tional product, we say to the Congress, think this spending limitation ap- problem is by limiting Federal spend- you can have more money to spend if proach is exactly the right approach. ing. the economy grows. So why do you not So while I would support the bal- There is another very important rea- do some things to help it grow? anced budget amendment that does not son why I believe that a Federal bal- What are things we can do? We can have the spending limit requirement in anced budget amendment and spending reduce certain tax rates that are too it—because that is all I think we can limit makes a lot of sense. We need to high to promote economic growth. get passed—I think we have to come in do things to stimulate economic Studies show that there is $7 trillion right behind that with a proposal to January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1261 limit spending as the way to imple- expressing my continued strong sup- different ways. During the debate on ment the constitutional balanced budg- port of the concept of national service. the authorizing legislation, we heard et amendment. Of course, as a mere The passage of the national service bill cries of how many more Pell grants we statutory program, Congress can over- in the last Congress was an event that could fund with the money, or how ride it. We can always unpass what we I, along with a number of my col- many more job training programs we just passed. But at least I think it sets leagues, looked forward to for many could fund with the money. Though forth a blueprint, a guideline for years. Since President Clinton signed these criticisms are valid as far as they achieving the objective. the legislation into law on September go, they almost inevitably lose sight of Finally, Mr. President, I think al- 21, 1993, thousands of Americans have the fact that National Service does not most all of us agree that if we pass this served our country in projects which exist for the purpose of simply provid- balanced budget amendment and send range from teaching school in inner- ing student aid or even job training. it to the States for ratification, we city neighborhoods to preventing de- National Service exists primarily to have to begin achieving that balanced struction of lands along our Nation’s provide service. And if the program is budget today. We have to go back to rivers. not providing service, then it does not last year’s budget and see if there is The case for this initiative depends deserve to exist. A good analogy is our anything in the appropriations we on understanding that it is uniquely a Nation’s Armed Forces. We do not passed last year that we can pull program that offers a triple investment back—money that we can save. We in the future productive capacity of maintain Armed Forces in order to pro- need to look at this year’s budget as our people and our communities—first vide valuable skills and develop good the first of the budgets that gets us on of all, in the service performed; the character in young men and women. the glidepath to a balanced budget, and service experience, No. 2; and the Rather, Armed Forces personnel de- set the outside limit of perhaps 7 years. postservice benefit for our young peo- velop skills and character in the mili- But we probably ought to try to do it ple, No. 3. I know that the word ‘‘in- tary as they carry out their primary in a shorter period, if we can, so that vestment’’ has been much abused in de- mission of providing our Nation’s secu- when the balanced budget amendment bate on the Senate floor in recent rity. has finally been ratified by all of the years, and for some it is just a code The same is true of national service. States, it will not be an impossible word for Government spending. We Would critics have the Senate dis- task for us; so that we will have al- must not, however, become so cynical regard the benefits to society of na- ready started the process and each year that we cannot see a real investment tional service participants providing intervening will have brought that with a real payoff when it is staring us employment counseling and tutoring budget deficit down another ratchet. in the face. to homeless people in Atlanta? Should If we do that, in the last couple of The idea for this investment came we ignore the benefits of the first-time years when we actually have to do it as from recognition that many Americans immunization of 33,000 children in Fort a constitutional requirement, it will be have, for the first time, perhaps, in our Worth, TX, in one month which was an achievable objective, and in the last history, forgotten the relationship be- carried out by those serving in the na- year or two, we will be able to make tween rights and responsibilities. We tional service program? the savings and limit spending in such often see reports in the news media I could go on and on with the kind of a way that we can achieve that bal- about various groups proclaiming that service being provided. That is the true anced budget at the time it is called for this Government service or that Gov- test of national service. Are we really in the constitutional amendment. ernment service is a right. We are so serving people and helping commu- So these are some of the things we often reminded of the rights all Ameri- nities? Considering the benefits na- are going to have to think about as the cans should enjoy that we often lose tional service provides at the commu- balanced budget debate begins to un- sight of the other side of the same coin, nity level, it is difficult to see why fold. I think it is important to at least and that is the responsibilities that we there are so many objections to this must share in order to make these begin to think about them in the con- program. Indeed, given the debates we rights possible. Just as we have rights text of the debate we are having on un- have heard on unfunded mandates and to freedom, to life, liberty and the pur- funded mandates, because as the Gov- we continue to hear that on legislation ernors and State legislators that have suit of happiness, those sacred rights carry with them equally sacred respon- in this body, I would think that our to deal with the balanced budget colleagues would agree that national amendment tell us, they know we have sibilities. The National Service Pro- service represents the type of program to mean business and get on with the gram was created to provide young that we ought to support. balanced budget amendment. Americans with opportunities to fulfill National service is not a Federal At this point, I suggest the absence that obligation to give something back mandate for any specific type of serv- of a quorum. to their country and to their commu- ice, nor does it require that commu- The PRESIDING OFFICER. The nities. clerk will call the roll. Dr. Martin Luther King, Jr., who nities participate at all. National serv- The assistant legislative clerk pro- dedicated his life to the cause of civil ice gives communities and service or- ceeded to call the roll. rights and whose birthday we cele- ganizations and young people the Mr. NUNN. Mr. President, I ask brated this past Monday, understood chance, voluntarily, to identify and unanimous consent that the order for that only through assuming respon- perform the kind of service which best the quorum call be rescinded. sibilities that accompany our rights meets their local needs with the Fed- The PRESIDING OFFICER (Mr. can we help ourselves. He said in the eral Government providing the fund- COATS). Without objection, it is so or- last Sunday morning sermon before his ing. So it is almost the opposite of a dered. assassination: Government mandate. The Chair recognizes the Senator Human progress never rolls in on the At the same time, it provides mean- from Georgia for up to 15 minutes in wheels of inevitability; it comes through the ingful work for young people address- tireless efforts of men willing to be co-work- morning business. ing real problems without Federal ers with God, and without this hard work, micromanagement. This real work for f time itself becomes an ally of the forces of social stagnation. So we must help time and real value will ensure a strong payback NATIONAL SERVICE realize that the time is always ripe to do for the taxpayers’ dollar. In the proc- Mr. NUNN. Mr. President, I rise right. ess, national service instills in young today to discuss the national service National Service provides young peo- people the strong traditional values of program which has been the subject of ple a means to meet the challenge to hard work and responsibility. They a good bit of discussion in recent media do right while expanding their own ho- learn those values because they are accounts and which President Clinton rizons and building opportunity for serving. It is not a program to teach addressed this last week. their futures. those values. It is a program where the From the outset, I want to make it Critics have tried to attack the Na- values are learned because of service clear that I join President Clinton in tional Service Program in a number of rendered. S 1262 CONGRESSIONAL RECORD — SENATE January 20, 1995 As for the claim that national service together, bound by mutual respect and cally has been delayed and stalled, is is—quoting one of the critics—‘‘coerced mutual obligation. very important business for the people volunteerism,’’ I would suggest that In the Peace Corps Program in my of the United States of America and critics ask any of the more than 200,000 State the participants begin each day certainly many communities around people who requested applications for with a chant announcing their readi- the country who suffer from the un- last year’s AmeriCorps Program or the ness to serve, to earn, and to learn. funded mandates that they have to 20,000 that were selected and are now That, Mr. President, is the most elo- comply with. serving, whether they were coerced. quent summary of the concept of na- I want to discuss that legislation National service is not coercion any tional service that I think we can offer: today for a few minutes and also to say more than was the Montgomery GI bill To serve, to earn, and to learn. that I sincerely hope that in the very which provides educational benefits for I urge all Senators to listen to our near future, hopefully some time early hundreds of thousands of young Ameri- young people, to visit these programs, next week, that we will be able to pass cans who serve and have served in our to make sure that the criticism of the that legislation and get it on through Nation’s All-Volunteer Force. programs—which is welcome—make the House and the Senate and get it to Instead, like the Montgomery GI bill, sure it is constructive, to make sure we the President. Hopefully he will sign it. national service is an opportunity, an look at whether we are really getting This is a major piece of legislation that opportunity that young people all over service in the communities where they the majority, overwhelming majority America have said they want. Nothing are serving, rather than simply oppose of the American people support. is more evident of that than the over- this program as another governmental I do not understand why we are de- whelming number of applications. I program. laying it. Apparently there seems to think we will see even more of the ap- I urge all Senators to particularly be, based on those we talk with, a great talk to our young people, listen to plications in the years to come, assum- number of people on the other side of them, and see what they say about ing this program continues. the aisle who say they support the bill what they are doing in serving and As for the benefits of service, and to yet when it came down to signing the earning and learning and continuing to me this must be the way we judge the petition for cloture, we did not get give them a chance in this regard. program more than any other judg- much help at all. Indeed, we only had There is room for improvement in the one vote. I find a strange inconsistency ment, although there are, really, as I program. There is room for construc- here that those who say they support said, three parts to the program, serv- tive criticism. There is room, perhaps, the legislation cannot bring themselves ice is the No. 1 part. In my State alone to even critique the program in a way to bring the legislation to a vote. I the excellent works that have been per- that would affect the budget. In my think sometimes we get criticized here formed by these young people is very view, blind opposition to this exciting for not being able to accomplish any- impressive. In Georgia, national serv- concept is simply not the way to go at thing and the American people look at ice participants are working in Atlanta this point in time. this and say, why is it that a Senator, area schools as teaching assistants, tu- I think the main measure must be perhaps my own Senator, would say, ‘‘I tors, and mentors. They are aiding po- whether we are getting service from am for this bill but I do not want us to lice in developing a community-ori- these young people and whether they vote on it.’’ ented police program in Albany, GA. are helping the communities, helping When we get criticized out there in They are helping create an emergency young people, helping those in need. It the public, we really should not wonder 911 network in Douglas and Coffee is my hope that if this program works why that happens. There is nothing County. They are identifying local en- and I believe it is working, that it will wrong with debate. All Senators have vironmental programs in Decatur, GA, be viewed in the future as not simply every right to debate this legislation as and developing plans to engage youth an addition to the way we deliver serv- long as they wish. Certainly, I stand in solving them. They are tutoring ices to those in need in our country here today before one of the most his- hundreds and thousands of young peo- and in our communities but rather in toric desks in the U.S. Senate. This ple every day in elementary school. lieu of some of the existing programs. desk belonged to Daniel Webster, one They are also in some of the rural I can think of no better way to de- of the few original desks in the Senate. areas that I visited. They do not have liver social services in this Nation to Daniel Webster, of course, at one any foreign language teachers in the those in need. We are going to continue time represented New Hampshire in the schools there and they have found that to have people in need. We are going to House, was born in New Hampshire, with the immigration that is growing continue to have community demands and represented Massachusetts in the in our State and other States, these that cannot be met with nominal fund- U.S. Senate, one of the greatest orators young people who are in school that ing. I can think of no better way than of the pre-Civil War time. He certainly cannot speak English need help. In unleashing the energy, enthusiasm, stood on the floor of the U.S. Senate many cases, in a couple of the rural and idealism of tens of thousands of before this desk and debated many of communities, that help is coming from America’s young people in addressing the great issues of the day and, I am national service participants who have these critical problems. To me this is sure, frustrated a lot of people on the a second language and who are able to the way we ought to begin thinking other side. That is the way it should be the only ones in the community about shaping our social services. be. That is what the Senate is. There is that can really communicate with the At this point in time this program is nothing wrong with that. I do not criti- newly arrived legal immigrants in our in addition to the existing programs. cize that in any way. school. We should look at it more and more as I will say that this is an issue, the All of these efforts are duplicated in a substitute to some of the programs unfunded mandate issue, that is so national service programs nationwide. and a supplement to others. overwhelmingly supported by the peo- From aiding the American Red Cross I thank the Chair. I know the Sen- ple in this country—I hesitate to say and providing food and clothing for ator from New Hampshire would like to this, but I think it is true—that the California flood victims to building speak. I yield the floor. American people, I think, are going to homes for needy families in the poorest Mr. SMITH addressed the Chair. exact a price from those who delay it. sections of Miami, with Habitat for Hu- The PRESIDING OFFICER. The Sen- I think they do it under grave risks. manity. ator from New Hampshire. This legislation places, very interest- In conclusion, Mr. President, na- f ingly, increased and added responsibil- tional service provides a triple payback ities on those who want to create the in valuable service to the community. END DELAY ON UNFUNDED new mandate. It would also increase Higher skills and lower debts for our MANDATES LEGISLATION the cost of an existing one. In other young people for attending colleges or Mr. SMITH. Thank you, Mr. Presi- words, they must get an estimate of getting advanced education after high dent. the cost of the new requirement to school and a much stronger sense that Mr. President, the bill that has been both State and local government and we are all in the American enterprise before the Senate for 8 days now basi- the private sector and provide the January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1263 funds needed for the State and local In talking about unfunded mandates, ought to be able to provide unfunded governments to comply with the it really is an interesting dichotomy, mandates to the States and commu- change. So it puts the responsibility on just the very fact that we are here to nities. This is in direct conflict with those who want to produce the man- try to repeal unfunded mandates or to the 10th amendment. But all these dates. stop future unfunded mandates, as this great legal scholars and constitutional It is a very important piece of legis- bill specifically does, because we al- scholars and probably some of our lation that is going to provide not only ways hear experts, if you will, con- predecessors on the floor of this body relief from the unfunded mandates— stitutional experts, telling us what the thought otherwise and basically took that is a very general way of saying Founding Fathers intended or what the 10th amendment and tore it up as if it—but it is also going to provide relief they did not intend. It is always very it did not exist. And there it goes. So for the taxpayers, the local and State interesting. I would be fascinated to here we are now trying to get this cor- taxpayers who have to pay for this see people like Thomas Jefferson and rected. when the Federal Government puts the James Madison and George Washington That is what went wrong. When did mandate in and does not fund it. Those and Alexander Hamilton, John Jay, this start happening? We can go back are the people who are going to benefit and others come here and listen to the to the New Deal. Ever since then, the from this bill. Those are the people debate that goes on in this Chamber re- Federal Government has increasingly who need relief. When we pass a piece garding what they thought these gen- encroached upon fiscal and constitu- of legislation without funding it and tlemen really believed and what they tional prerogatives of the State and insist that the local community pay were saying in the remarks that they local governments. When you put a for it, what has to happen? Money does made. It is interesting the way we mandate on a State, on a community, twist and turn these remarks. not come from heaven. It has to come you force the taxpayers to pay for it. If you take them literally, there is from the taxpayers. It is extracted in- That is where it comes from. The State not any doubt. Let us listen to Thomas voluntarily from those taxpayers in and local government has no choice but Jefferson: those local communities. to increase those taxes. So you are These local communities, Mr. Presi- When all government, domestic and for- mandating a tax increase on a small eign, in little as in great things, shall be dent, all over the country are speaking drawn to Washington as the center of all community, whether it is in Indiana or out to us saying, ‘‘Pass this bill.’’ It is power, it will render powerless the checks New Hampshire or Georgia or West Vir- enthusiastically endorsed by the U.S. provided of one government on another and ginia, or wherever. Conference of Mayors, National League will become as venal and oppressive as the This is exactly what Jefferson of Cities, Council of State Govern- government from which we separated. warned us against. Very clearly he ments, National School Boards Asso- It does not get any clearer than that. warned us against it: Do not draw all ciation, U.S. Chamber of Commerce, Jefferson was saying that we left Eng- the power to Washington, for the same National Governors Association—and land, we separated from the Govern- reason they did not want all the power on and on—National Association of ment of England for this very reason. drawn to England or to a monarch or Counties. They created a government here where to a tyrant. They were afraid of it. This information has been stated on they did not want all of the power in They feared it. That is why they came the floor during the debate, but it is in- Washington, and they made it very here and built this country. That is teresting, one quote comes from John clear in the 10th amendment to the why they wrote the Constitution, be- Motley, the vice president of NFIB, Constitution that all power would not cause they did fear it. That is why they who strongly supports S. 1, who said: be in Washington. Yet, here we are de- disseminated the power among the It was not the cities and States who paid bating a bill that we want to pass to three branches of government as they roughly $10 billion in unfunded mandates eliminate unfunded mandates which we did, and between the States and the during the 1980’s. It was the taxpayers, small really should not have in the first Federal Government. business owners as well as everybody else. In place. That is exactly where we are. These States were reluctant to create June 1994, a poll of all NFIB members re- The 10th amendment is the constitu- this country from the Constitution. sulted in a resounding 90 percent vote tional embodiment of Jefferson’s belief against unfunded mandates. The Federalist papers by Madison and in a limited Federal Government, re- Jay and Hamilton were particularly Even the Democratic Governor, who spectful of the rights of the States. written to convince the people to write is the chairman of the National Gov- How are we being respectful to the the Constitution. They had to be per- ernors Association, Gov. Howard Dean, rights of the States, Mr. President, suaded because they were afraid to give said: when we simply put unfunded man- up their State and community rights. dates on them telling them they must We begin the 104th Congress with S. 1, the That is why the 10th amendment was Unfunded Mandate Relief Act of 1995, which do this without the money? That is not put in the Constitution, my colleagues. is a major priority for all State and local of- being respectful. With all due respect, Unfunded Federal mandates impose ficials. We have reviewed the new bill, draft- that is being disrespectful. Of course it ed in full consultation with all our organiza- is being disrespectful, and we have been enormous costs on the States. Nation- tions, and strongly support its enactment. doing it to the States and the commu- wide examples are all over the place. So it is bipartisan support that we nities all across this country for years The U.S. Conference of Mayors re- have—support from communities, from in education, environment, you name cently reported that the Clean Water selectmen, from mayors, from Gov- it, we have done it to them and they Act alone mandated costs on the cities ernors, from taxpayers all across know it. That is why we have so much with populations greater than 30,000 America in every State and hamlet. It support, so much grassroots support more than $3.6 billion in 1993. is one of the most overwhelmingly sup- from all over America, at the levels Now, our opponents will say, ‘‘What’s ported pieces of legislation in recent that I discussed, coming back and say- wrong with the Clean Water Act?’’ I am time. Yet, here it is bottled up in the ing to us, ‘‘Get this off our backs, we not opposed to cleaning up the water in U.S. Senate for 8 days. We are essen- are sick of it, we are tired of it. We the United States. I do not think there tially doing no business today, other want it off our backs.’’ is a citizen in America who wants to than debating it and offering amend- What does the 10th amendment say? drink dirty water or swim in dirty ments. We are in morning business, Again, we get all these interpretations. water. The issue is not that. The issue which means we do not have to debate Let us read it. It is very simple: is should this Congress, this Govern- it. I choose to debate it because I think The powers not delegated to the United ment, pass laws that mandate that be it is important. That is why I am here. States by the Constitution, nor prohibited done without providing the dollars? The majority leader, to his credit, by it to the States, are reserved to the Did they ever stop to think that maybe sought on the floor last evening to get States respectfully, or to the people. a community of a few hundred people support to bring this thing to a head, Yet somebody somewhere along the cannot raise that kind of money out of and I hope that this will happen in the line at some course in our history has the taxpayers? It is not there. next few days and that we will see a come up with this terrible idea, stupid That is what is wrong. That is why vote. idea that this is wrong and that we the American people voted the way S 1264 CONGRESSIONAL RECORD — SENATE January 20, 1995 they did on November 8, 1994—because those towns tell me, ‘‘Senator, why So what is the solution? The solution they are sick of it. They are sick of it. don’t you have the Federal Govern- has been proposed by my most distin- They want it changed. They made it ment come up here and take over the guished colleague, the Senator from very clear. town because it will be a lot easier. It Idaho [Mr. KEMPTHORNE], himself a Now, from 1994 through 1998, the Con- will give us less headaches. You run it. former mayor, who drafted this legisla- ference of Mayors reports 10 Federal You want to tell us what to do, so go tion, who traveled all over the country mandates that they studied—10, just 10 ahead and run the town.’’ getting support for it and pulling this Federal mandates, unfunded some of Rochester, NH, same thing—mandate thing together and managing it so bril- them—will cost $54 billion. The Clean under the Clean Water Act. I could liantly in the Chamber. Some say he Water Act alone is $29.3 billion; Safe mention numerous examples all over has only been here 2 years as a Sen- Drinking Water Act, $8.6 billion, and my State, and of course every Senator ator. But he had several years as a RCRA, Resource Conservation and Re- could mention similar horror stories mayor on the receiving end of these covery Act, $5.5 billion—again, well in- all over America. Because of the enor- mandates. He knows what those man- tended pieces of legislation, some of mous costs associated with the re- dates do to his tax base, as the mayor which do a good job. But should it be moval of these materials, for example, of Boise, ID, and he knows what it does mandated without the funds? The an- in Rochester, it has been forced to hire to the tax base of every community swer is no. That is what we are here lawyers now to fight its case. that is impacted by one of those man- talking about. That is what is being de- Oh, boy, there is always the oppor- dates. layed. That is what the other side, our tunity to hire lawyers. Get the lawyers This is a vital step. It will end a de- friends on the other side of the aisle involved and stretch it out to cost even plorable practice of Congress imposing are doing. They are delaying this bill more. There is always a lawyer on ei- unfunded mandates on State and local to stop this stuff so it does not happen ther side to get a lot of money out of governments. in the future. this thing. So we do not spend any Now, S. 1, the bill which we are talk- Now, there was a Price Waterhouse money on cleanup; we spend it on law- ing about, sets a tough standard. It is survey that said counties are spending yers rather than on cleanup, which stuff. You bet it is. And it ought to be. $4.8 billion annually—1993, $4.8 billion makes it worse. annually—to comply with just 12 of Why? You know why? Do you know We are trying to get back to the Con- many unfunded mandates in Federal why we have the lawyers involved in stitution of the United States, which programs, and that they will spend this? Because somebody back begin- we have ignored. It needs to be tough. $33.7 billion over the next 5 years. ning approximately in the New Deal This bill provides that it shall not be in Let me give you a couple of examples era, and built upon since then, has said order for the Senate to even consider in New Hampshire. that the 10th amendment ought to be any bill, joint resolution, amendment, The city of Berlin, NH, economically torn up and thrown in the waste basket motion, or conference report that depends on one business really for its and ignored, and that we ought to put would increase the direct costs of Fed- livelihood, and that is a big paper mandates on the people of America. eral intergovernmental mandates by an mill—11,700 residents and declining. It That is why lawyers are fighting. And amount that causes the $50 million is under an EPA order to construct a it is ironic that these same lawyers are threshold to be exceeded unless the new $18 million water supply system the ones who are sworn to uphold the mandate is paid by the Federal Govern- pursuant to this Safe Drinking Water Constitution and to work under the ment. Act, mandated $18 million. Constitution. That is the way it ought to be. We Berlin has problems with its water, I was a local official. I was a school cannot even consider it, let alone pass and it is trying to correct them, and it board member for 6 years. I was the it. That is how tough it is, and that is needs the time to do that. Those citi- chairman of that same school board for good. That is why it is being opposed zens, many of whom I know personally, 3 years. I know what it is like. I have by some on the other side, because do not want to drink polluted water. seen what happened to my school dis- some of our colleagues on the other But they cannot bond this amount of trict when an unfunded mandate came side—not all—are responsible for the money within the time that is dictated in that said: You will do this. I do not fact that we have these mandates in to them by the EPA. They simply can- care what it costs, you will do it. That the first place, and they do not want not do it. So they are facing fines of forces many small communities to go them to go away. But the American $25,000 a day, a depressed community of out and raise additional taxes on that people want them to go away. 11,700 people facing $25,000 a day fines mandate. Any bill that imposes an unfunded for not complying with the regulations. But again, we always get the debate mandate above that threshold of $50 I might inquire of the Chair, has my off on whether or not what the man- million on State and/or local govern- time expired? date directs is good or bad. That is not ments shall be out of order on the Sen- The PRESIDING OFFICER. It has. the issue. In most cases, they are good. ate floor. You cannot even get a chance The Senator may seek additional time For example, handicapped children, ab- to vote on it to pass it. That is tough. if he wishes to ask unanimous consent. solutely, educating the handicapped, That is the way it should be. Mr. SMITH. I ask unanimous consent helping those people to get There is a further step. I am going to for an additional 10 minutes. mainstreamed, absolutely supported by support Senator HATCH’s constitutional The PRESIDING OFFICER. Without me and others. But should it be an un- amendment to prohibit unfunded man- objection, it is so ordered. funded mandate? If you want to man- dates on State and local governments Mr. SMITH. I thank the Chair. date it, if that is what America wants, unless two-thirds of the Houses of Con- The PRESIDING OFFICER. The Sen- then fund it. Do not force a community gress decide to do so. And there again ator from New Hampshire. that cannot pay for it to pay for it. is another irony. We have a 10th Mr. SMITH. Here we are facing fines Do you really want to cut taxes for amendment that says we cannot have of $25,000 a day, trying to fix $18 mil- the middle class? That is what I hear unfunded mandates, in my opinion, yet lion worth of problems. Does that the President say—cut taxes for the we are now going to probably have to make sense? Does it really make sense middle class. Then, Mr. President, have a 27th or 28th amendment which to fine these people to try to comply? when you get this bill, if you ever get says we are going to prohibit them. That is what an unfunded mandate it, if your party ever will let us get it That tells you where we are at in this does. Not only is it an unfunded man- to you, sign it and you are going to country. It tells you that people in this date; it is fining for not complying save hundreds of millions of dollars— country—some in this Congress—are with an unfunded mandate, which com- hundreds of millions of dollars on mid- willing to trash the Constitution of the pounds it. It makes it worse. You can- dle-class Americans who carry the United States of America. For what? not get $25,000 a day from people who load. Political gain? I do not know. How do do not have jobs, who are worried Unfunded Federal mandates encroach you get political gain out of something about the mill closing. It just does not on the authority of the States in con- the majority of the American people do work. Yet, here we go. I have people in travention of the 10th amendment. not want by advocating it? It beats me. January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1265 It is unfortunate, and frankly ironic, are going to delay to debate to make SILVI MORTON SPECTER that S. 1 has become necessary. Our your point that is fine. If you are going Mr. SPECTER. Mr. President, last Founding Fathers are probably spin- to delay simply to stop the legislation, night I spoke briefly on the one-year ning around in their graves right now. from us getting a chance to vote on it, anniversary of the birth of the next They created a limited Federal Govern- I think that is wrong. Especially when generation of the Specter family, on ment that would respect the rights of you are trying to repeal something the birth date of my granddaughter, the States and here we are on the floor that is unconstitutional, in my opin- of the Senate, trying to gain back what ion, to begin with. the first grandchild in our family, the the Founding Fathers never wanted to Mr. President, I yield. daughter of my son Shanin Specter, lose in the first place. They made that The PRESIDING OFFICER. The Sen- and his wife, Tracey Pearl Specter. But protection very explicit in that 10th ator from Pennsylvania. I could not speak at any length because amendment. Frankly, not only the f we were in the midst of working out Congress, the Supreme Court as well— the unanimous-consent agreement on let us not let the Supreme Court off FEDERALISM the disposition of this bill. And as the the hook here—all these brilliant Mr. SPECTER. Mr. President, I sup- hour grew late, when we had consecu- judges, scholars, over the years who port Senate bill 1 to eliminate un- tive back-to-back votes as part of the have allowed this to happen. They are funded mandates to States and local efforts to reach an accommodation on responsible, too. They have not af- government. There is no doubt about the bill, I did secure the floor for a few forded sufficient respect to the 10th the onerous imposition of very expen- minutes, at 11:25, but spoke only brief- amendment. sive projects on State and local govern- ly because the managers of the bill There have been some brilliant peo- ment which have been decreed out of were about to present the unanimous- ple who have served in Government Washington, DC, and the Federal Gov- consent agreement and there were since the Constitution was written, ernment. I think as a matter of fun- many Senators on the floor at the many of them. I stand at the desk of damental fairness, if we decide some- time. one of them, Daniel Webster. Henry thing ought to be done as a matter of Clay, John C. Calhoun—great orators, I now speak to an empty Chamber national policy, then we ought to be with the exception of the Presiding Of- great Senators down through the years paying for it. as well as others in the House and the ficer. But this is a matter, I think, of Many have spoken about the prin- Senate. And, frankly, out of politics— importance beyond the birth date of ciple of federalism, which is the con- on the courts: brilliant people. But I one young woman in America because I cept that the United States was found- have not yet met the match for Thom- speak about all of the children of ed on. It is to leave to the States all as Jefferson and James Madison and America and Silvi Specter’s genera- that was not specifically delegated to John Jay and others during that time, tion. the Federal Government in the Con- our forefathers, who wrote this bril- stitution on the very obvious point of We have a heavy burden, the Con- liant document. having the governmental unit closest gress of the United States, and in the They knew what they were doing. to the people making the decision. U.S. Senate, to see to it that adequate They knew what they were doing. I Also, as a matter of federalism and the care and protection will be given to her think we made some terrible mistakes. generation. I focus on the balanced The Senator from Idaho with this legis- concept of federalism, the idea is to leave to local government as much as budget amendment which has now been lation is giving us the opportunity to reported out of the Judiciary Commit- correct some. possible so the people closest to the tee, which will seek to eliminate the The Senator from Tennessee, who is problem may decide what they want to deficit Federal spending which now ap- a surgeon, who was talking about spend their money on. health care a while ago on floor when I We have within the bill presently on proximates $200 billion a year and a na- was in the Chair—we are going to have the floor the principle of the States tional debt which is climbing toward $5 to perform corrective surgery. And it is leaving to local government the maxi- trillion. about time. It is about time. That is mum amount possible without telling We had debated the deficit and the why the American people changed local government what ought to be national debt more in the 14 years-plus course on November 8. I hope this Sen- done. So I think this is a sound bill. I that I have been in the U.S. Senate ate will get the message and pass this look forward to its early passage as a than any other subject. legislation next week, get it through signal to the American people that the So frequently there has been agree- the House, and get it to the President mandate from the last election is being ment that the Federal Government of the United States so it will become complied with. We have already en- ought to live within its means just as the law—which it already should be acted important legislation which im- every other unit of government has to. poses on every Member of the U.S. Sen- under the 10th amendment. The State governments, the city gov- ate and the U.S. House of Representa- In conclusion, we must never forget— ernments, the county governments, tives the same obligations that any and I think we have—that it was the and for that matter any individual has States, there were only 13 at the time, other American citizen bears. That is sound as a matter of basic fairness but to live within his or her means or they but it was the States that created this face bankruptcy. But at the same time Government. I used to teach history, so also sound as part of the regulatory we have continued to spend. The prom- forgive me for a moment. The States system so we may not overly burden ise of the balanced budget amendment created this Government. Without the American business and the American large State-small State compromise, people when we have to comply with is to put the same discipline on Con- the Senate would not be here. The the same rules. gress which every other governmental House would not be here. The Federal Mr. President, I now ask unanimous unit in the past has had and every pri- Government would not be here. They consent that I may make two brief vate citizen has. I think that is very decided to give certain powers to the statements as in morning business. important for Silvi Specter’s genera- Federal Government and created that There is no one else on the floor to tion. Certainly, I would not think of Government as a result. They never speak to the bill. borrowing on her account or using her wanted the Federal Government to go The PRESIDING OFFICER. Without credit card. But that is exactly what beyond the specific powers they were objection the Senator from Pennsylva- we are doing when we run up these given. nia is recognized as in morning busi- deficits. Let us get back to the Constitution. ness. I think, too, about the primary duty If we do the debate, the integrity of the Mr. SPECTER. I thank the Chair and of Government to protect its citizens debate is on our side, and we will win. I ask unanimous consent my following and the strides which are yet to be I think we will. It is just going to take remarks be captioned: ‘‘Silvi Morton made on crime control domestically a little time. It is a little frustrating Specter.’’ and national defense on the inter- that Senators exercise the right that The PRESIDING OFFICER. Without national scene. they have to delay and debate. If you objection, it is so ordered. S 1266 CONGRESSIONAL RECORD — SENATE January 20, 1995 We have a great deal to do, Mr. Presi- judge puts it at the top of the list. cial disaster with more than $150,000 in dent, on the basic issue of crime con- That would not be an undue burden cost for each child and multibillion trol. It is something that we have to where only one of these cases would dollars in costs. address for the present generation and come before a judge every 18 months. It is a matter which can be corrected succeeding generations. There should be time limits in the with prenatal visits as outlined by Dr. I had the opportunity to serve as dis- court of appeals so that this appellate Everett Koop, former Surgeon General, trict attorney of Philadelphia for some proceeding could be concluded within 2 in part of a health care package which 8 years after having been an assistant years instead of 20 years. I have proposed in Senate bill 18. district attorney for 4 years where I Then, Mr. President, I think it is nec- As I think about the tragedy of low- tried many robbery cases, many rape essary to look at realistic rehabilita- birthweight babies or the tragedy of cases, many burglary cases, and then tion. It is no surprise when someone teenage pregnancies, as I think of my as the district attorney ran an office leaves jail without a trade or a skill, as granddaughter, Silvi Morton Specter, which prosecuted 30,000 criminal cases a functional illiterate, to go out into who lives surrounded by love with her a year including 500 homicide cases. society, they are back to a life of crime mother, Tracey Pearl Specter—a pro- I believe that we have to tackle the and a revolving door. What I think we fessional woman in her own right, but problem of violent crime on many lev- need to do is to have early interven- her daughter comes first—as I see them els. I think to start with, this is a tion, especially with juveniles, for lit- playing together—in effect, I say that major problem in our criminal justice eracy and job training to give them a system in our failure to utilize capital chance. But if they become career Tracey is Silvi’s best playmate—it is a punishment as an effective deterrent criminals—that is, three major of- sight to behold and really a tragedy against violent crime. It is obvious fenses—then I think it is fair for soci- that all children do not have the affec- that the critical aspect of a deterrent ety to impose a life sentence and to tion that Silvi has from her doting is its certainty and its swiftness. But carry it out with adequate prison mother and doting father, my son that is not the case with the death pen- space. Shanin Specter, and her grandparents, alty. At the present time there are Just the day before yesterday in the Carol and Alvin Pearl and Joan and more than 2,800 inmates on death row city of Philadelphia there was an atro- myself. and in the last year only 38 cases where cious murder a block and a half from So I take a few moments on this Fri- the judgment of sentence was carried the Philadelphia police station where a day afternoon to talk about Silvi Mor- out. The reason for that is the Federal car was stopped. Apparently the indi- ton Specter’s generation and the obli- appeals processes which allow the cases vidual was being followed on a robbery gations we have here on personal safe- to go on virtually interminably for- attempt, and a cold-blooded murder at ty from violent crime at home, the ever; some as long as 20 years, on the 5:23 in the afternoon a block and a half problem of nuclear attack abroad, and average 8 years. We have the power to from the police station at 7th and Vine the issue of not spending to burden correct that. in Philadelphia. A man was shot down Silvi’s generation on the problems My legislation was passed by the in cold blood. which children face everywhere. It is a Senate in 1990 and has a good chance to This happens again and again with real burden that we face and a real ob- be passed this year by the House and drive-by shootings, with people being ligation that we have to do a better job the Senate and signed into law if we at risk. Violent crime could be cur- as Senators and Members of Congress would make a few basic changes. First, tailed if we really took the steps nec- as we look forward to the 21st century. provide that the requirement ‘‘upon ex- essary to do that. That is something we It is my own personal view that Amer- haustion of State remedies’’ is elimi- ought to be looking at for this genera- ica has not seen its best and brightest nated because that means the case has tion, the next generation, and those days. to be litigated in the State courts until which follow. I think of my father, who came to every possible issue has been resolved There is also a major problem in this country as an immigrant from before going to the Federal courts. And international issues with national se- Russia at the age of 18 in 1911 without then there is a ping-pong effect where curity. From the position that I have any formal education, and my mother, it goes back and forth. just taken on as chairman of the Intel- who came with her parents from Po- My legislation provides that there ligence Committee, there is a real need land in 1905 at the age of 5, and how would be Federal jurisdiction attach- to do more in the area of nuclear non- much better it has been for my broth- ing as soon as the State supreme court proliferation. There is grave concern er, my two sisters and me, and how had upheld the judgment of sentence of about the agreement which the admin- the death penalty. Then there would be istration has just made with North much better it has been for my two one hearing in the Federal courts tak- Korea where we will not be inspecting sons, Shanin and Steve, and how much ing up all the issues without getting the spent fuel rods for some 5 years; better it can be for Tracey and for Silvi involved in what is a full and fair hear- whether this is the best way to protect Specter’s generation if we do our jobs ing in the State courts, which leads to against whether North Korea is in fact in the U.S. Congress. interminable litigation, again with the proceeding to build nuclear weapons. It I thank the Chair. I yield the floor. State court taking it up and then com- has been disclosed recently that North f ing to the Federal court as to whether Korea and Iran are working jointly on there had been a full and fair hearing, ballistic missiles and that North Korea RULES OF THE COMMITTEE ON which is an aspect of exhaustion of currently has the capacity to send a INDIAN AFFAIRS State remedies. missile as far as Alaska. When we The Federal court ought to hear it asked the director of the Central Intel- Mr. MCCAIN. Mr. President, Senate once and once alone. If something then ligence Agency in hearings a week ago Standing Rule XXVI requires each arises at a later time which warrants Tuesday what the prognosis was for committee to adopt rules to govern the exceptional circumstances and unique reaching the continental United procedures of the committee and to Federal review again, that should hap- States, there can be no assurance. A publish those rules in the CONGRES- pen only if the court of appeals ap- great deal more has to be done in that SIONAL RECORD not later than March 1 proves it; that is, submission to Fed- respect. of the first year of each Congress. On eral judges. The issue of nutrition is of enormous January 11, 1995, the Committee on In- There also ought to be a time limit of importance. I was shocked more than a dian Affairs held a business meeting 120 days in the Federal district court, decade ago on my first occasion to see during which the members of the com- unless the judge is able to put on the a 1-pound baby, a human being about mittee unanimously adopted rules to record factors which require a longer as big as the size of my hand weighing govern the procedures of the commit- period of time, and that should be 1 pound. That is a human tragedy be- tee. Consistent with Standing Rule within the discretion of the trial judge. cause those children carry scars for a XXVI, today I am submitting for print- But I have handled these cases in the lifetime, and frequently the lifetime is ing in the CONGRESSIONAL RECORD a Federal court on habeas corpus, and 120 not too long because of the intensity of copy of the rules of the Senate Com- days is long enough, providing the the injuries carried. And it is a finan- mittee on Indian Affairs. January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1267 There being no objection, the rules stitute a quorum for the conduct of business care in America and, specifically, the were ordered to be printed in the of the committee. Consistent with Senate concept of medical savings accounts, RECORD, as follows: rules, a quorum is presumed to be present, sometimes called medical IRA’s. unless the absence of a quorum is noted. RULES OF THE COMMITTEE ON INDIAN AFFAIRS (b). A measure may be ordered reported I speak today as an elected official, COMMITTEE RULES from the committee unless an objection is but also as a practicing physician, hav- Rule 1. The Standing Rules of the Senate, made by a Member, in which case a recorded ing devoted the last 20 years of my life Senate Resolution 4, and the provisions of vote of the members shall be required. to caring for patients. I have witnessed the Legislative Reorganization Act of 1946, (c). One Member shall constitute a quorum first hand the unequalled quality of as amended by the Legislative Reorganiza- for the purpose of conducting a hearing or tion Act of 1970, to the extent the provisions taking testimony on any measure before the care that we have in the United States, of such Act are applicable to the Committee committee. but also the problems which include on Indian Affairs and supplemented by these VOTING skyrocketing costs, uneven access, and rules, are adopted as the rules of the Com- Rule 7(a). A recorded vote of the Members inadequate emphasis on prevention. mittee. shall be taken upon the request of any Mem- Last year, President Clinton ad- MEETINGS OF THE COMMITTEE ber. dressed the problems in our health care Rule 2. The committee shall meet on the (b). Proxy voting shall be permitted on all system, but his proposed solution was first Tuesday of each month while the Con- matters, except that proxies may not be gress is in session for the purpose of conduct- counted for the purpose of determining the fatally flawed. He favored monopoliza- ing business, unless, for the convenience of presence of a quorum. Unless further limited, tion, not competition. He sought to Members, the Chairman shall set some other a proxy shall be exercised only on the date empower bureaucrats, not individuals. day for a meeting. Additional meetings may for which it is given and upon the terms pub- And, in the end, he relied on Govern- be called by the Chairman as he may deem lished in the agenda for that date. ment, not the private sector. Fortu- necessary. SWORN TESTIMONY AND FINANCIAL STATEMENTS nately, once the American people heard OPEN HEARINGS AND MEETINGS Rule 8. Witnesses in committee hearings the truth about the administration’s Rule 3. Hearings and business meetings of may be required to give testimony under plan, they rejected it. the committee shall be open to the public ex- oath whenever the Chairman or Vice Chair- cept when the committee by majority vote man of the committee deems it to be nec- Nevertheless, the problems with our orders a closed hearing or meeting. essary. At any hearing to confirm a Presi- health care system have not dis- HEARING PROCEDURE dential nomination, the testimony of the appeared. And make no mistake, there Rule 4(a). Public notice shall be given of nominee, and at the request of any Members, are problems with our health care sys- the date, place, and subject matter of any any other witness shall be under oath. Every tem. But instead of scrapping the hearing to be held by the committee at least nominee shall submit a financial statement, on forms to be perfected by the committee, whole system, we must target and fix one week in advance of such hearing unless what is broken. Mr. President, I believe the Chairman of the committee determines which shall be sworn to by the nominee as to that the hearing is noncontroversial or that its completeness and accuracy. All such the use of medical savings accounts is special circumstances require expedited pro- statements shall be made public by the com- an important first step in this process. cedures and a majority of the committee in- mittee unless the committee, in executive A fundamental problem which char- volved concurs. In no case shall a hearing be session, determines that special cir- cumstances require a full or partial excep- acterizes every interaction between pa- conducted with less than 24 hours notice. tient and health care provider is that (b). Each witness who is to appear before tion to this rule. the committee shall file with the committee, CONFIDENTIAL TESTIMONY the provider is paid not by the patient, at least 48 hours in advance of the hearing, a Rule 9. No confidential testimony taken by but by a third party. On average, every written statement of his or her testimony or confidential material presented to the time a patient in America receives a with 25 copies. committee or any report of the proceedings dollar’s worth of medical services, 79 (c). Each Member shall be limited to five of a closed committee hearing or business cents is paid for by someone else—usu- (5) minutes in the questioning of any witness meeting shall be made public in whole or in ally the Government or an insurance until such time as all Members who so desire part by way of summary, unless authorized have had an opportunity to question the wit- by a majority of the Members of the commit- company. The result is that we grossly ness unless the committee shall decide oth- tee at a business meeting called for the pur- over-consume medical services. Imag- erwise. pose of making such a determination. ine if we were all required to pay out of (d). The Chairman and Vice Chairman or DEFAMATORY STATEMENTS our own pockets only 20 cents of every the Ranking Majority and Minority Members Rule 10. Any person whose name is men- dollar spent on food, clothing, and present at the hearing may each appoint one tioned or who is specifically identified in, or committee staff member to question each transportation. We would over- who believes that testimony or other evi- witness. Such staff member may question consume—we would buy more than we dence presented at, an open committee hear- the witness only after all Members present ing tends to defame him or otherwise ad- need. And that’s what happens in medi- have completed their questioning of the wit- versely affect his reputation may file with cine. Since they don’t feel they are ness or at such other time as the Chairman the committee for its consideration and ac- paying for it, everyone wants the most or Vice Chairman or the Ranking Majority tion a sworn statement of facts relevant to and Minority Members present may agree. and the best—at any price—whether such testimony or evidence. BUSINESS MEETING AGENDA it’s the deluxe hospital room, the lat- BROADCASTING OF HEARINGS OR MEETINGS Rule 5(a). A legislative measure or subject est in nuclear medical imaging, or the Rule 11. Any meeting or hearing by the shall be included in the agenda of the next MRI scan for a headache. We must be- committee which is open to the public may following business meeting of the committee come more cost-conscious consumers be covered in whole or in part by television, if a written request for such inclusion has radio broadcast, or still photography. Pho- of medical services. been filed with the Chairman of the commit- tographers and reporters using mechanical Mr. President, there are two methods tee at least one week prior to such meeting. recording, filming, or broadcasting devices of doing this. First, as the Clinton ad- Nothing in this rule shall be construed to shall position their equipment so as not to limit the authority of the Chairman of the ministration urged, we can limit medi- interfere with the sight, vision, and hearing cal technology and ration care, thereby committee to include legislative measures or of Members and staff on the dais or with the subjects on the committee agenda in the ab- orderly process of meeting or hearing. limiting choice of physician and ulti- sence of such request. mately access. The American people (b). The agenda for any business meeting of AMENDING THE RULES Rule 12. These rules may be amended only rejected this alternative—and with the committee shall be provided to each good reason. It would have severely re- Member and made available to the public at by a vote of a majority of all the Members of least two days prior to such meeting, and no the committee in a business meeting of the duced the quality of patient care. I saw new items may be added after the agenda is committee. Provided, that no vote may be this happen first-hand during the year published except by the approval of a major- taken on any proposed amendment unless I spent in England as a registrar in ity of the Members of the committee. The such amendment is reproduced in full in the heart and lung surgery. I watched over committee agenda for such meeting at least Clerk shall promptly notify absent Members and over again as patients waited of any action taken by the committee on seven (7) days in advance of such meeting. matters not included in the published agen- f months for medical procedures which da. they would have obtained in days or QUORUMS MEDICAL SAVINGS ACCOUNTS weeks in the United States. And sadly, Rule 6(a). Except as provided in sub- Mr. FRIST. Mr. President, I rise in some instances, I watched patients sections (b) and (c) six (6) members shall con- today to discuss the issue of health die while they waited. S 1268 CONGRESSIONAL RECORD — SENATE January 20, 1995 The second choice, and the one I be- of his or her own consumption of medi- fessional and personal association with lieve we must follow if we want to stem cal services. Dr. Carmichael, and noted that he had rising health care costs without de- Mr. President, in closing, we in loved his work and his patients and had creasing the availability and quality of America are fortunate to have the ab- always put them before his personal patient care, is to empower individuals solute highest quality health care in concerns. He was known as a very and enable them to purchase medical the world. When the leaders of the pleasant person to work with and a services directly, as they do other serv- world become seriously ill, they don’t dedicated professional. ices. Medical savings accounts would go to Great Britain or Canada to seek Archie Hill Carmichael was an all- encourage patients to make prudent, treatment, they come to the United state football player from Deshler High cost-conscious decision about purchas- States. And while there are those who School who received a football scholar- ing medical services. would like to stifle our technological ship to attend the Georgia Institute of What are medical savings accounts? advances and allow bureaucrats to tell Technology. Later, however, the young Medical savings accounts are tax-free, us how much and what kind of health athlete gave up his football career due personal accounts which can be used by care we can receive, the American peo- to his mother’s urging, and finally his an individual to pay medical bills. ple have loudly and clearly rejected own decision, to pursue a career in the Take, for example, an employee of a this notion. field of medicine. He subsequently took company: today an employer might No one can predict what will happen his bachelor of science and medical de- pay $3,000 or $4,000 for a medical insur- in medicine in the first 50 years of the grees from Vanderbilt University, to ance policy with a $500 deductible. The 21st century. Fifty years ago, when my which he had transferred from Georgia employee has no incentive to be cost- father was a young doctor in Tennessee Tech, and completed his residency in conscious. In contrast, if medical sav- making house calls, he could not have internal medicine at Bowman-Gray envisioned what medical practice ings accounts were available, the em- Medical School at Wake Forest Univer- today would be like. The technological ployer would deposit an amount—say sity. He served in the U.S. Naval Medi- advances are simply mind-boggling. $2,000—tax free in a savings account, cal Corps for several years. He prac- Mr. President, the challenge for us is which would belong to the employee. ticed medicine in Sheffield, AL for 31 to maintain the highest quality health The employee would buy an inexpen- years and served as an adjunct profes- care in the world and to continue to sor of medicine at the University of sive, catastrophic-type policy which make it available to all Americans. would cover medical expenses above Alabama Medical School for a while. But this can only be done if we first Dr. Carmichael married Ann $2,000 per year. For medical expenses change the basic framework through up to the $2,000 deductible limit, the Cothran, and they had two children, which medical services are consumed, Lawrence Carmichael, M.D., and Beth employee using his own discretion and continue with a market-based sys- would use money from the savings ac- Carmichael Riley. Ann Cothran Car- tem. I believe the use of medical sav- michael predeceased her husband by count. Any savings account money not ings accounts will be a major step in spent on health care that year would several years, and he then married that direction. Individual patients will Jean Pigford Cleveland. They had a grow tax free in the employee’s ac- become part of the solution, instead of count and would accumulate year to son, Archie Hill Carmichael IV. He was remaining part of the problem. For this a great family man, a dedicated father, year. At retirement, the money could reason, I hope that you and my other be rolled over into an IRA or a pension, and devoted husband colleagues in the Senate will support From a very distinguished family in- or could be used to pay for long-term my efforts to pass legislation later in care or other expenses. Thus, the indi- cluding his grandfather, former Mem- this session to create medical savings ber of Congress Archie H. Carmichael— vidual has a strong incentive to be- accounts. Archie Hill III, added much to his fami- come a cost-conscious consumer of Thank you, Mr. President, I yield the ly’s legacy. His Congressman grand- medical care. He will demand quality floor. father was succeeded in the House by care at competitive prices. The f my own predecessor in the Senate, the consumer will drive the market. The legendary John J. Sparkman. system will respond with better out- TRIBUTE TO DR. ARCHIE HILL Dr. Carmichael had retired due to a come measures and lower unit prices CARMICHAEL III serious illness, and passed away on for health care. Mr. HEFLIN. Mr. President, I spoke January 4, 1995. At the time of his re- In short, medical savings accounts earlier this month about the untimely tirement, he practiced as a specialist will give American health care con- death of Dr. Archie H. Carmichael III, in internal medicine with his longtime sumers strong incentives to change the a distinguished physician from the partner, Dr. R. Winston Williams. He way they consume health care services shoals area of Alabama, which includes was a member of First United Meth- because they keep any money they Muscle Shoals, Sheffield, Florence, and odist Church in Tuscumbia; the Colbert don’t spend. my hometown of Tuscumbia. County Medical Society; the Medical We will potentially save billions of Dr. Carmichael truly epitomized the Society of the State of Alabama, and dollars in health care costs because in- high ideals which constitute the medi- the American College of Physicians. dividual patients will modify their cal profession. He was a dear friend to I extend my sincerest condolences to health care purchasing habits to many, including his patients, who he Jean Carmichael and his entire family consume health care services pru- served so diligently for over 30 years. as they lament this tremendous loss. dently. He had a remarkable bedside manner Medical savings accounts will poten- and his patients highly respected him. f tially also save billions of dollars in In short, he was the type of rare indi- administrative costs. In 1992 alone, ad- vidual who can never really be re- TRIBUTE TO JAMES T. FLEMING ministrative costs for health insurance placed. He had patients from all over Mr. HEFLIN. Mr. President, many of exceeded $41 billion. With medical sav- northwest Alabama, northeast Mis- you may have heard that James T. ings accounts, patients will deal di- sissippi, and southern Tennessee and Fleming, a longtime administrative as- rectly with health care providers and will be genuinely missed. sistant to Senator WENDELL FORD eliminate many third parties. Upon learning of his death, passed away recently. Finally, and perhaps most impor- Tuscumbia mayor Ray Cahoon re- I had the opportunity to get to know tantly, the use of medical savings ac- marked that ‘‘Archie Hill had done a Jim quite well after coming to the Sen- counts will help maintain the high really great job of serving his commu- ate. Because of his vast knowledge of quality of care that Americans have nity as a physician. He was really well- the political field, many looked up to come to know. While the Clinton ad- loved. He was already missed by many Jim and looked to him for advice on a ministration would limit technology because he had to cease his practice host of issues. His boss stated Jim was and force hospitals and doctors to ra- due to his illness.’’ ‘‘one of the smartest people [he’d] ever tion care, medical savings accounts One of his medical colleagues said known.’’ It is no wonder he achieved a will put the individual back in charge that he had always treasured his pro- great deal of success over his lifetime. January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1269 Jim’s career began after graduating Higher Education and Black Colleges SENATE QUARTERLY MASS MAIL VOLUMES AND COSTS from Centre College. After graduating, and Universities; the President’s Advi- FOR THE QUARTER ENDING SEPT. 30, 1994—Continued he was commissioned a lieutenant in sory Commission on International Edu- Pieces the Navy and served in the Pacific dur- cational and Cultural Exchange; the Senators Original per cap- Original Cost per ing World War II. President’s General Advisory Commit- total pieces ita total cost capita Jim then went on to get his master’s tee on Foreign Assistance Programs; Daschle ...... 10,800 0.01519 1,614.20 0.00227 in political science at the University of the President’s Task Force on Prior- DeConcini ...... 0.00000 ...... 0.00000 Kentucky. It was there that he devel- Dodd ...... 9,132 0.00278 7,240.25 0.00221 ities in Higher Education; Resources Dole ...... 0.00000 ...... 0.00000 oped his love for politics. for the Future, and the U.S. Air Force Domenici ...... 0.00000 ...... 0.00000 His political career got off to a start Academy Advisory Council. Dorgan ...... 0.00000 ...... 0.00000 Durenberger ...... 0.00000 ...... 0.00000 upon joining the legislative research In addition, he directed the Center Exon ...... 0.00000 ...... 0.00000 commission staff in 1944. He later be- for Creative Learning; the March of Faircloth ...... 78,800 0.01152 14,979.50 0.00219 Feingold ...... 0.00000 ...... 0.00000 came the Kentucky General Assem- Dimes; Norton Simon, Inc.; the Over- Feinstein ...... 0.00000 ...... 0.00000 bly’s top administrator and director seas Development Committee; Political Ford ...... 0.00000 ...... 0.00000 Glenn ...... 0.00000 ...... 0.00000 from 1963 to 1972. and Economic Studies; the Retirement Gorton ...... 158,265 0.03081 29,313.21 0.00571 Jim served as staff director in the Equities Fund; the United Negro Col- Graham ...... 0.00000 ...... 0.00000 Gramm ...... 1,326,750 0.07514 237,287.80 0.01344 1960’s for Gov. Edward T. ‘‘Ned’’ lege Fund, and Sears, Roebuck and Co. Grassley ...... 313,000 0.11131 52,336.74 0.01861 Breathit. I believe this is worth men- He also chaired the Association of Gregg ...... 0.00000 ...... 0.00000 Harkin ...... 296,000 892.8900 469.00 0.00017 tioning since it was around this time American Colleges and the Race Rela- Hatch ...... 0.00000 ...... the Governor tried to revise the State’s tions Information center. Hatfield ...... 284,250 0.09548 44,964.94 0.01510 constitution. Jim was one of the mas- Heflin ...... 841,000 0.20334 133,205.78 0.03221 Dr. Foster served as the budget offi- Helms ...... 0.00000 ...... 0.00000 terminds behind the project. cer of Howard University from 1937–41. Hollings ...... 0.00000 ...... 0.00000 Just a few years later, Jim devised a Hutchison ...... 0.00000 ...... 0.00000 He later relocated to the Tuskegee In- Inouye ...... 0.00000 ...... 0.00000 plan on which the modern general as- stitute where he served as business Jeffords ...... 22,843 0.04008 10,920.40 0.01916 sembly is based. Johnston ...... 2,300 0.00054 507.98 0.00012 manager from 1941–53. He was then Kassebaum ...... 0.00000 ...... 0.00000 In 1973, Jim was in charge of reor- named president of Tuskegee in 1953 Kempthorne ...... 0.00000 ...... 0.00000 ganizing the executive branch of gov- Kennedy ...... 0.00000 ...... 0.00000 and held this position for the next 28 Kerrey ...... 0.00000 ...... 0.00000 ernment. This is a noteworthy because years. At the time of his death, he was Kerry ...... 857 0.00014 187.83 0.00003 it was the first time such an attempt Kohl ...... 0.00000 ...... 0.00000 chairman and CEO of Robert R. Moton Lautenberg ...... 2,100 0.00027 670.19 0.00009 had been made since 1936. Memorial Institute. Leahy ...... 6,600 0.01158 1,407.07 0.00247 When WENDELL FORD won a Senate Dr. Foster was a highly intelligent Levin ...... 0.00000 ...... 0.00000 Lieberman ...... 0.00000 ...... 0.00000 seat in 1974, Jim followed him to Wash- man who was not only known for his Lott ...... 2,350 0.00090 520.19 0.00020 ington as his administrative assistant. scholarly abilities, his many affili- Lugar ...... 0.00000 ...... 0.00000 Mack ...... 0.00000 ...... 0.00000 Here, he planned and coordinated Sen- ations, or even his lifetime accomplish- Mathews ...... 0.00000 ...... 0.00000 ator FORD’S legislative staff. The issues ments. He was most known for his abil- McCain ...... 26,498 0.00691 20,452.71 0.00534 McConnell ...... 393,750 0.10486 68,309.01 0.01819 he focused on most while an AA were ity to touch the lives around him in Metzenbaum ...... 0.00000 ...... 0.00000 those involving energy and coal. meaningful ways. Mikulski ...... 0.00000 ...... 0.00000 Mitchell ...... 0.00000 ...... 0.00000 Up until his last days, he was an ad- My deepest condolences go out to his Moseley-Braun ...... 0.00000 ...... 0.00000 viser to Senator FORD. wife of 53 years, Vera Chandler Foster Moynihan ...... 0.00000 ...... 0.00000 Murkowski ...... 0.00000 ...... 0.00000 The Nation and our friend Senator of Alexandria, and their entire family Murray ...... 21,810 0.00425 4,647.34 0.00090 FORD lost a very respected and intel- in the wake of this tremendous loss. Nickles ...... 0.00000 ...... 0.00000 Nunn ...... 0.00000 ...... 0.00000 ligent man when James passed away. f Packwood ...... 66,850 0.02246 12,001.79 0.00403 My deepest condolences go to Jim’s Pell ...... 0.00000 ...... 0.00000 Pressler ...... 0.00000 ...... 0.00000 son Michael Fleming, and daughter, SENATE QUARTERLY MAIL COSTS Pryor ...... 1,550 0.00065 488.40 0.00020 Dr. Barbara Fleming Phillips. Reid ...... 37,200 0.02803 5,621.61 0.00424 Mr. STEVENS. Mr. President, in ac- Riegle ...... 0.00000 ...... 0.00000 f cordance with section 318 of Public Robb ...... 0.00000 ...... 0.00000 Law 101–520, I am submitting the sum- Rockefeller ...... 14,600 0.00806 2,109.86 0.00116 TRIBUTE TO DR. LUTHER FOSTER Roth ...... 46,100 0.06691 6,688.17 0.00971 mary tabulations of Senate mass mail Sarbanes ...... 0.00000 ...... 0.00000 Mr. HEFLIN. Mr. President, Alabama Sasser ...... 0.00000 ...... 0.00000 costs for the fourth quarter of fiscal Shelby ...... 0.00000 ...... 0.00000 and the nation lost a prized citizen year 1994, which is the period of July 1, Simon ...... 53,100 0.00457 8,089.17 0.00070 when Dr. Luther Foster, former presi- Simpson ...... 0.00000 ...... 0.00000 1994 through September 30, 1994, to be Smith ...... 0.00000 ...... 0.00000 dent of Tuskegee University, passed printed in the RECORD. Specter ...... 987,000 0.08219 151,718.90 0.01263 away last November. Stevens ...... 0.00000 ...... 0.00000 There being no objection, the mate- Thurmond ...... 0.00000 ...... 0.00000 Luther was known for being intellec- rial was ordered to be printed in the Wallop ...... 0.00000 ...... 0.00000 tual, involved, and achievement-ori- ECORD Warner ...... 0.00000 ...... 0.00000 R , as follows: Wellstone ...... 4,600 0.00103 8,594.80 0.00192 ented. His hard work and dedication to Wofford ...... 0.00000 ...... 0.00000 his studies earned him several degrees SENATE QUARTERLY MASS MAIL VOLUMES AND COSTS and honors from several institutions. FOR THE QUARTER ENDING SEPT. 30, 1994 He was known by many through the Original Pieces Original Cost per numerous organizations with which he Senators per cap- Other offices Total Total cost affiliated himself. His qualities led to total pieces ita total cost capita pieces the type of career and accomplish- Akaka ...... The Vice President ...... 0 0.00 ments many only dream of. Baucus ...... 12,658 0.01536 $4,145.27 $0.00503 The President pro-tempore ...... 0 0.00 Bennett ...... 13,800 0.00761 2,100.36 0.00116 The majority leader ...... 0 0.00 Dr. Foster received his bachelor’s de- Biden ...... 325,048 0.47177 55,241.17 0.08018 The minority leader ...... 0 0.00 gree from Virginia State College, now Bingaman ...... 143,925 0.09103 28,613.04 0.01810 The assistant majority leader ...... 0 0.00 Bond ...... 11,530 0.00222 2,336.03 0.00045 The assistant minority leader ...... 0 0.00 known as Hampton Institute, his MBA Boren ...... Secretary of majority conference ...... 0 0.00 from Harvard University, and his doc- Boxer ...... 916,897 0.02970 148,205.94 0.00480 Secretary of minority conference ...... 0 0.00 Bradley ...... 2,070,300 0.26580 303,998.16 0.03903 Agriculture Committee ...... 0 0.00 toral degree from the University of Breaux ...... Appropriations Committee ...... 0 0.00 Chicago. Brown ...... Armed Services Committee ...... 0 0.00 Bryan ...... 14,733 0.01110 11,264.42 0.00849 Banking Committee ...... 0 0.00 His honorary degrees include doctor- Bumpers ...... 0.00000 ...... 0.00000 Budget Committee ...... 0 0.00 ates of civil law, humane letters, and Burns ...... 0.00000 ...... 0.00000 Commerce Committee ...... 0 0.00 Byrd ...... 0.00000 ...... 0.00000 Energy Committee ...... 0 0.00 public service. Campbell ...... 0.00000 ...... 0.00000 Environment Committee ...... 0 0.00 Chafee ...... 0.00000 ...... 0.00000 Finance Committee ...... 0 0.00 Dr. Foster was a member of the Coats ...... 0.00000 ...... 0.00000 Foreign Relations Committee ...... 0 0.00 American Revolution Bicentennial Cochran ...... 0.00000 ...... 0.00000 Government Affairs Committee ...... 0 0.00 Cohen ...... 60,900 0.04931 11,298.73 0.00915 Judiciary Committee ...... 0 0.00 Commission; the Commission on Criti- Conrad ...... 0.00000 ...... 0.00000 Labor Committee ...... 0 0.00 cal Choices for America; the Council on Coverdell ...... 0.00000 ...... 0.00000 Rules Committee ...... 0 0.00 Craig ...... 97,100 0.09100 17,230.87 0.01615 Small Business Committee ...... 0 0.00 Financial Aid to Education; the Na- D’Amato ...... 2,895,300 0.15979 450,881.81 0.02488 Veterans Affairs Committee ...... 0 0.00 tional Advisory Committee on Black Danforth ...... 0.00000 ...... 0.00000 Ethics Committee ...... 0 0.00 S 1270 CONGRESSIONAL RECORD — SENATE January 20, 1995 EC–145. A communication from the Chair- EC–159. A communication from the Sec- man of the Postal Rate Commission, trans- retary of Labor, transmitting, pursuant to Other offices Total Total cost mitting, pursuant to law, the report on the law, the report on the internal controls and pieces internal controls and financial systems in ef- financial systems in effect during fiscal year Indian Affairs Committee ...... 0 0.00 fect during fiscal year 1994; to the Commit- 1994; to the Committee on Governmental Af- Intelligence Committee ...... 0 0.00 tee on Governmental Affairs. fairs. Aging Committee ...... 0 0.00 EC–146. A communication from the Chair- Joint Economic Committee ...... 0 0.00 EC–160. A communication from the Chair- Joint Committee on Printing ...... 0 0.00 man of U.S. Commission for the Preservation man of the Federal Mine Safety and Health Joint Committee on Congressional Inauguration ...... 0 0.00 of America’s Heritage Abroad, transmitting, Review Commission, transmitting, pursuant Democratic Policy Committee ...... 0 0.00 pursuant to law, the report on the internal Democratic Conference ...... 0 0.00 to law, the report on the internal controls Republican Policy Committee ...... 0 0.00 controls and financial systems in effect dur- and financial systems in effect during fiscal Republican Conference ...... 0 0.00 ing fiscal year 1994; to the Committee on year 1992; to the Committee on Govern- Legislative counsel ...... 0 0.00 Governmental Affairs. mental Affairs. Legal counsel ...... 0 0.00 EC–147. A communication from the Direc- Secretary of the Senate ...... 0 0.00 EC–161. A communication from the Sec- tor of the U.S. Soldiers’ and Airmen’s Home, Sergeant at Arms ...... 0 0.00 retary of the Interior, transmitting, pursu- Narcotics Caucus ...... 0 0.00 transmitting, pursuant to law, the report on Subcommittee on POW/MIA ...... 0 0.00 the internal controls and financial systems ant to law, the report on the internal con- in effect during fiscal year 1994; to the Com- trols and financial systems in effect during f mittee on Governmental Affairs. fiscal year 1994; to the Committee on Gov- ernmental Affairs. WAS CONGRESS IRRESPONSIBLE? EC–148. A communication from the Chair- man of the Commodity Futures Trading EC–162. A communication from the Chair- THE VOTERS SAID YES Commission, transmitting, pursuant to law, man of the U.S. International Trade Com- Mr. HELMS. Mr. President, as of the the report on the internal controls and fi- mission, transmitting, pursuant to law, the close of business on Thursday, January nancial systems in effect during fiscal year report on the internal controls and financial 19, the Federal debt stood at 1994; to the Committee on Governmental Af- systems in effect during fiscal year 1994; to the Committee on Governmental Affairs. $4,795,323,651,745.86 meaning that on a fairs. EC–149. A communication from the Execu- EC–163. A communication from the Admin- per capita basis, every man, woman, tive Director of the Marine Mammal Com- istrator of the Panama Canal Commission, and child in America owes $18,203.13 as mission, transmitting, pursuant to law, the transmitting, pursuant to law, the report on his or her share of that debt. report on the internal controls and financial the internal controls and financial systems f systems in effect during fiscal year 1994; to in effect during fiscal year 1994; to the Com- the Committee on Governmental Affairs. mittee on Governmental Affairs. MESSAGES FROM THE HOUSE EC–150. A communication from the Presi- EC–164. A communication from the Execu- RECEIVED DURING RECESS dent of the National Endowment for Democ- tive Secretary of the Barry M. Goldwater racy, transmitting, pursuant to law, the re- Scholarship and Excellence In Education Under the authority of the order of port on the internal controls and financial Foundation, transmitting, pursuant to law, the Senate of January 4, 1995, the Sec- systems in effect during fiscal year 1994; to the report on the internal controls and fi- retary of the Senate, on January 20, the Committee on Governmental Affairs. nancial systems in effect during fiscal year 1995, during the recess of the Senate, EC–151. A communication from the Chair- 1994; to the Committee on Governmental Af- man of the Nuclear Waste Technical Review received a message from the House of fairs. Board, transmitting, pursuant to law, the re- EC–165. A communication from the Chair- Representatives announcing that pur- port on the internal controls and financial man of the Federal Election Commission, suant to the provisions of title 15, systems in effect during fiscal year 1994; to United States Code, section 1024(a), the the Committee on Governmental Affairs. transmitting, pursuant to law, the report on Speaker appoints the following Mem- EC–152. A communication from the Armed the internal controls and financial systems bers on the part of the House to serve Forces Retirement Home (U.S. Naval Home), in effect during fiscal year 1994; to the Com- mittee on Governmental Affairs. as members of the Joint Economic transmitting, pursuant to law, the report on the internal controls and financial systems EC–166. A communication from the Chair- Committee: Mr. SAXTON, Mr. EWING, in effect during fiscal year 1994; to the Com- man of the Defense Nuclear Facilities Safety Mr. QUINN, Mr. MANZULLO, Mr. SAN- mittee on Governmental Affairs. Board, transmitting, pursuant to law, the re- FORD, Mr. THORNBERRY, Mr. STARK, Mr. EC–153. A communication from the Execu- port on the internal controls and financial OBEY, Mr. HAMILTON, and Mr. MFUME. tive Director of the Committee For Purchase systems in effect during fiscal year 1994; to f From People Who Are Blind or Severely Dis- the Committee on Governmental Affairs. abled, transmitting, pursuant to law, the re- EC–167. A communication from the Chair- EXECUTIVE AND OTHER port on the internal controls and financial man of the Board of the African Develop- COMMUNICATIONS systems in effect during fiscal year 1994; to ment Foundation, transmitting, pursuant to the Committee on Governmental Affairs. law, the report on the internal controls and The following communications were EC–154. A communication from the Chair- financial systems in effect during fiscal year laid before the Senate, together with man of the Equal Employment Opportunity 1994; to the Committee on Governmental Af- accompanying papers, reports, and doc- Commission, transmitting, pursuant to law, fairs. uments, which were referred as indi- the report on the internal controls and fi- EC–168. A communication from the Acting cated: nancial systems in effect during fiscal year Archivist of the United States, transmitting, 1994; to the Committee on Governmental Af- pursuant to law, the report on the internal EC–141. A communication from the Direc- fairs. tor of the Office of Federal Housing Enter- controls and financial systems in effect dur- EC–155. A communication from the Staff ing fiscal year 1994; to the Committee on prise Oversight, transmitting, pursuant to Director of the U.S. Commission on Civil law, the report on the internal controls and Governmental Affairs. Rights, transmitting, pursuant to law, the EC–169. A communication from the Chair- financial systems in effect during fiscal year report on the internal controls and financial man of the Farm Credit System Insurance 1994; to the Committee on Governmental Af- systems in effect during fiscal year 1994; to Corporation, transmitting, pursuant to law, fairs. the Committee on Governmental Affairs. the report on the internal controls and fi- EC–142. A communication from the Chief of EC–156. A communication from the Chair- Staff of the Office of the Nuclear Waste Ne- man of the National Credit Union Adminis- nancial systems in effect during fiscal year gotiator, transmitting, pursuant to law, the tration, transmitting, pursuant to law, the 1994; to the Committee on Governmental Af- report on the internal controls and financial report on the internal controls and financial fairs. systems in effect during fiscal years 1992 and systems in effect during fiscal year 1994; to EC–170. A communication from the Chair- 1993; to the Committee on Governmental Af- the Committee on Governmental Affairs. man of the Nuclear Regulatory Commission, fairs. EC–157. A communication from the Chair- transmitting, pursuant to law, the report on EC–143. A communication from the Office man and Chief Executive Officer of the Farm the internal controls and financial systems of Special Counsel, transmitting, pursuant Credit Administration, transmitting, pursu- in effect during fiscal year 1994; to the Com- to law, the report on the internal controls ant to law, the report on the internal con- mittee on Governmental Affairs. and financial systems in effect during fiscal trols and financial systems in effect during EC–171. A communication from the Admin- year 1994; to the Committee on Govern- fiscal year 1994; to the Committee on Gov- istration of the Environmental Protection mental Affairs. ernmental Affairs. Agency, transmitting, pursuant to law, the EC–144. A communication from the Direc- EC–158. A communication from the Chair- report on the internal controls and financial tor of the United States Information Agency, man of the Consumer Product Safety Com- systems in effect during fiscal year 1994; to transmitting, pursuant to law, the report on mission, transmitting, pursuant to law, the the Committee on Governmental Affairs. the internal controls and financial systems report on the internal controls and financial EC–172. A communication from the Sec- in effect during fiscal year 1994; to the Com- systems in effect during fiscal year 1994; to retary of Veterans’ Affairs, transmitting, mittee on Governmental Affairs. the Committee on Governmental Affairs. pursuant to law, the report on the internal January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1271 controls and financial systems in effect dur- to Federal employment, to reenact certain THE OLDER AMERICANS’ FREEDOM TO WORK ACT ing fiscal year 1994; to the Committee on provisions relating to recommendations by Mr. LOTT. Mr. President, today I am Governmental Affairs. Members of Congress, and for other purposes; introducing the Older Americans Free- EC–173. A communication from the Attor- to the Committee on Governmental Affairs. ney General, transmitting, pursuant to law, S. 254. A bill to extend eligibility for veter- dom to Work Act of 1995 to eliminate the report on the internal controls and fi- ans’ burial benefits, funeral benefits, and re- the Social Security earnings test for nancial systems in effect during fiscal year lated benefits for veterans of certain service individuals who have attained retire- 1994; to the Committee on Governmental Af- in the United States merchant marine dur- ment age. fairs. ing World War II; to the Committee on Vet- As the Social Security Act is de- EC–174. A communication from the Sec- erans Affairs. retary of Education, transmitting, pursuant By Mr. LOTT (for himself and Mr. signed, the Government seems to give to law, the report on the internal controls COCHRAN): little thought to older Americans’ abil- and financial systems in effect during fiscal S. 255. A bill to require the Secretary of ity to make an important contribution year 1994; to the Committee on Govern- the Army to carry out such activities as are to our work force. Senior citizens are mental Affairs. necessary to stabilize the bluffs along the subject to taxes such as the Federal EC–175. A communication from the Chair- Mississippi River in the vicinity of Natchez, Contributions Act [FICA], even in situ- man of the Federal Communications Com- Mississippi, and for other purposes; to the mission, transmitting, pursuant to law, the Committee on Environment and Public ations where they are receiving Social report on the internal controls and financial Works. Security benefits. They are also sub- systems in effect during fiscal year 1994; to By Mr. DOLE (for himself, Mr. LAUTEN- ject to various Federal, State, and the Committee on Governmental Affairs. BERG, Mr. LIEBERMAN, and Mr. SIMP- local taxes. EC–176. A communication from the Chair- SON): This brings me to the biggest out- man of the National Endowment For the S. 256. A bill to amend title 10, United rage: the Social Security retirement Arts, transmitting, pursuant to law, the re- States Code, to establish procedures for de- port on the internal controls and financial termining the status of certain missing earnings limit. Presently, this limit re- systems in effect during fiscal year 1994; to members of the Armed Forces and certain ci- duces benefits to persons between ages the Committee on Governmental Affairs. vilians, and for other purposes; to the Com- 65 and 69 who earn more than $11,280 EC–177. A communication from the Chair- mittee on Armed Services. yearly. These reductions amount to $1 man of the Federal Trade Commission, By Mr. DOLE (for himself, Mr. INOUYE, in reduced benefits for every $3 in earn- transmitting, pursuant to law, the report on Mr. THURMOND, Mr. WARNER, Mr. ings above the aforementioned limit— the internal controls and financial systems MCCAIN, and Mr. CAMPBELL): in effect during fiscal year 1994; to the Com- S. 257. A bill to amend the charter of the $1 for $3 withholding rate. mittee on Governmental Affairs. Veterans of Foreign Wars to make eligible The earnings test is very unfair, but EC–178. A communication from the Chair- for membership those veterans that have it also poses a serious threat to the man of the Securities and Exchange Com- served within the territorial limits of South labor work force. Demographers tell us mission, transmitting, pursuant to law, the Korea; to the Committee on the Judiciary. that between the years 2000 and 2010 report on the internal controls and financial f systems in effect during fiscal year 1994; to the baby boom generation will be in the Committee on Governmental Affairs. SUBMISSION OF CONCURRENT AND their retirement years. With fewer ba- EC–179. A communication from the Deputy SENATE RESOLUTIONS bies being born to replace them, this Secretary of Defense, transmitting, pursuant Nation is looking at a severe labor The following concurrent resolutions to law, the report on the internal controls shortage. The skills and expertise of and Senate resolutions were read, and and financial systems in effect during fiscal older workers is desperately needed. referred (or acted upon), as indicated: year 1994; to the Committee on Govern- An earnings limit for Social Security mental Affairs. By Mr. THURMOND: beneficiaries is an ill conceived idea EC–180. A communication from the Presi- S. Res. 65. An original resolution authoriz- dent of the James Madison Memorial Fellow- ing expenditures by the Committee on and an administrative nightmare for ship Foundation, transmitting, pursuant to Armed Services; from the Committee on the Social Security Administration law, the annual report for fiscal year 1994; to Armed Services; to the Committee on Rules [SSA]. SSA spends a great deal of the Committee on Governmental Affairs. and Administration. money and devotes a full 8 percent of EC–181. A communication from the Sec- By Mr. PRESSLER (for Mr. GORTON its employees to police the income lev- retary of Education, transmitting, pursuant (for himself, Mr. LIEBERMAN, Mr. els of retirees. For beneficiaries, the to law, the report concerning surplus Federal GRAMM, and Mr. BYRD)): real property; to the Committee on Govern- S. Res. 66. A resolution to prevent the income limit is a frustrating experi- mental Affairs. adoption of certain national history stand- ence of estimating and reporting in- EC–182. A communication from the Board ards; considered and agreed to. come levels to SSA. of Governors of the U.S. Postal Service, By Mr. PRESSLER (for Mrs. BOXER In the 1930’s, when the earned income transmitting, pursuant to law, the report (for herself, Mrs. MURRAY, Mr. limit was devised, encouraging the el- under the Government in the Sunshine Act FEINGOLD, Mr. KENNEDY, Mr. CAMP- derly to leave the workplace was seen for calendar year 1994; to the Committee on BELL, Mr. SIMON, Mr. LAUTENBERG, Governmental Affairs. Mr. DODD, Mr. BAUCUS, Mr. LEVIN, as a positive act, designed to increase job opportunities for younger workers. f Mr. LIEBERMAN, Ms. MOSELEY-BRAUN, Mr. HARKIN, Mr. PELL, Mr. INOUYE, Today, with our shrinking labor force, REPORTS OF COMMITTEES Ms. MIKULSKI, Mrs. FEINSTEIN, Mr. such a policy is absurd. We need the REID, Mr. WELLSTONE, Mr. ROBB, Mr. The following reports of committees skills, wisdom, and experience of our KOHL, Mr. BRYAN, and Mr. KERRY)): older workers, and my proposal will en- were submitted: S. Res. 67. A resolution relating to violence By Mr. THURMOND, from the Committee at clinics; considered and agreed to. courage them to remain in the labor on Armed Services, without amendment: By Mr. PRESSLER (for Mr. BRADLEY force. S. Res. 65. An original resolution authoriz- (for himself, Mr. CHAFEE, Mr. DOR- In the 102d Congress, the Senate ing expenditures by the Committee on GAN, Mr. SIMPSON, Mr. ROBB, Mr. adopted an amendment to the older Armed Services. DOLE, Mr. NICKLES, Mr. LAUTENBERG, Americans reauthorization amend- f Mr. KEMPTHORNE, and Mr. ments to repeal the earnings test. WELLSTONE)): While it was dropped from final pas- INTRODUCTION OF BILLS AND S. Res. 68. A resolution relating to impact sage, this legislation has perennial bi- JOINT RESOLUTIONS on local governments; considered and agreed to. partisan interest and support. The following bills and joint resolu- f It is a pleasure to again sponsor leg- tions were introduced, read the first islation in the Senate to abolish the and second time by unanimous con- STATEMENTS ON INTRODUCED onerous retirement earnings test. This sent, and referred as indicated: BILLS AND JOINT RESOLUTIONS begins the process of providing employ- By Mr. LOTT: By Mr. LOTT: ment opportunities for older Ameri- S. 252. A bill to amend title II of the Social S. 252. A bill to amend title II of the cans without punishing them for their Security Act to eliminate the earnings test for individuals who have attained retirement Social Security Act to eliminate the efforts. It is my understanding that the age; to the Committee on Finance. earnings test for individuals who have President supports lifting the earnings S. 253. A bill to repeal certain prohibitions attained retirement age; to the Com- test for retirees, and I urge my col- against political recommendations relating mittee on Finance. leagues to join me in supporting this S 1272 CONGRESSIONAL RECORD — SENATE January 20, 1995 vitally important legislation. I ask or surviving divorced husband involved be- SECTION 1. PROHIBITIONS AGAINST POLITICAL unanimous consent that the text of the came entitled to such benefit prior to attain- RECOMMENDATIONS RELATING TO FEDERAL EMPLOYMENT. bill be printed in the RECORD. ing age 60.’’; and (2) in subsection (f)(1), by striking clause (a) IN GENERAL—Section 3303 of title 5, There being no objection, the bill was (D) and inserting the following: ‘‘(D) for United States Code, is amended to read as ordered to be printed in the RECORD, as which such individual is entitled to widow’s follows: follows: or widower’s insurance benefits if such indi- ‘‘§ 3303. Competitive service; recommenda- S. 252 vidual became so entitled prior to attaining tions of Senators or Representatives age 60, or’’. Be it enacted by the Senate and House of ‘‘An individual concerned in examining an (b) CONFORMING AMENDMENT TO PROVISIONS Representatives of the United States of America applicant for or appointing him in the com- FOR DETERMINING AMOUNT OF INCREASE ON in Congress assembled, petitive service may not receive or consider SECTION 1. SHORT TITLE. ACCOUNT OF DELAYED RETIREMENT.—Section 202(w)(2)(B)(ii) of such Act (42 U.S.C. a recommendation of the applicant by a Sen- This Act may be cited as the ‘‘Older Amer- ator or Representative, except as to the icans’ Freedom to Work Act of 1995’’. 402(w)(2)(B)(ii)) is amended— (1) by striking ‘‘either’’; and character or residence of the applicant.’’. SEC. 2. ELIMINATION OF EARNINGS TEST FOR IN- (2) by striking ‘‘or suffered deductions (b) TECHNICAL AND CONFORMING AMEND- DIVIDUALS WHO HAVE ATTAINED MENTS.—(1) The table of sections for chapter RETIREMENT AGE. under section 203(b) or 203(c) in amounts equal to the amount of such benefit’’. 33 of title 5, United States Code, is amended Section 203 of the Social Security Act (42 by amending the item relating to section SEC. 5. EFFECTIVE DATE. U.S.C. 403) is amended— 3303 to read as follows: (1) in paragraph (1) of subsection (c) and The amendments made by this Act shall paragraphs (1)(A) and (2) of subsection (d), by apply only with respect to taxable years end- ‘‘3303. Competitive service; recommendations striking ‘‘the age of seventy’’ and inserting ing after December 31, 1995. of Senators or Representa- ‘‘retirement age (as defined in section tives.’’. 216(l))’’; By Mr. LOTT: (2) Section 2302(b)(2) of title 5, United (2) in subsection (f)(1)(B), by striking ‘‘was S. 253. A bill to repeal certain prohi- States Code, is amended to read as follows: age seventy or over’’ and inserting ‘‘was at bitions against political recommenda- ‘‘(2) solicit or consider any recommenda- or above retirement age (as defined in sec- tions relating to Federal employment, tion or statement, oral or written, with re- tion 216(l))’’; to reenact certain provisions relating spect to any individual who requests or is (3) in subsection (f)(3), by striking ‘‘331⁄3 to recommendations by Member of under consideration for any personnel action percent’’ and all that follows through ‘‘any Congress, and for other purpose; to the unless such recommendation or statement is other individual,’’ and inserting ‘‘50 percent based on the personal knowledge or records of such individual’s earnings for such year in Committee on Governmental Affairs. of the person furnishing it and consists of— excess of the product of the exempt amount POLITICAL RECOMMENDATIONS LEGISLATION ‘‘(A) an evaluation of the work perform- as determined under paragraph (8),’’ and by Mr. LOTT. Mr. President, today, I am ance, ability, aptitude, or general qualifica- striking ‘‘age 70’’ and inserting ‘‘retirement introducing legislation to allow Mem- tions of such individual; or age (as defined in section 216(l))’’; ber of Congress to once again make po- ‘‘(B) an evaluation of the character, loy- (4) in subsection (h)(1)(A), by striking ‘‘age litical recommendations on behalf of alty, or suitability of such individual;’’. 70’’ each place it appears and inserting ‘‘re- constituents who have applied for Fed- (c) EFFECTIVE DATE.—This Act shall take tirement age (as defined in section 216(l))’’; effect 30 days after the date of the enactment and eral civil service employment. We have of this Act. (5) in subsection (j), by striking ‘‘Age Sev- all been asked or wished to support enty’’ in the heading and inserting ‘‘Retire- constituents and friends who seek Fed- By Mr. LOTT: ment Age’’, and by striking ‘‘seventy years eral positions. My bill would simply re- S. 254. A bill to extend eligibility for of age’’ and inserting ‘‘having attained re- store the basic right to make rec- tirement age (as defined in section 216(l))’’. veterans’ burial benefits, funeral bene- ommendations that Members held pre- fits, and related benefits for veterans of SEC. 3. CONFORMING AMENDMENTS ELIMINAT- viously and would repeal this unneces- ING THE SPECIAL EXEMPT AMOUNT certain service in the United States FOR INDIVIDUALS WHO HAVE AT- sary prohibition. merchant marine during World War II; TAINED RETIREMENT AGE. The Hatch Act reform bill passed to the Committee on Veterans’ Affairs. (a) UNIFORM EXEMPT AMOUNT.—Section during the 103d Congress, but it in- 203(f)(8)(A) of the Social Security Act (42 cluded an onerous amendment that THE MERCHANT MARINERS FAIRNESS ACT U.S.C. 403(f)(8)(A)) is amended by striking keeps Senators and Representatives Mr. LOTT. Mr. President, today, it is ‘‘the new exempt amounts (separately stated from making suggestions. This provi- my pleasure to reintroduce the Mer- for individuals described in subparagraph (D) sion went into effect in February 1994 chant Mariners Fairness Act. and for other individuals) which are to be ap- plicable’’ and inserting ‘‘a new exempt and has probably caused difficulties for My bill would grant veterans status amount which shall be applicable’’. virtually every Member as constituents to American merchant mariners who (b) CONFORMING AMENDMENTS.—Section often ask us for recommendations have been denied this status a well as 203(f)(8)(B) of such Act (42 U.S.C. 403(f)(8)(B)) when they have applied for Federal veterans benefits. Similar legislation is amended— jobs. passed the House last year and related (1) in the matter preceding clause (i), by Contacting a Federal agency in the provisions were included in the Coast striking ‘‘Except’’ and all that follows interest of a citizen is the most basic of Guard authorization bill; however, through ‘‘whichever’’ and inserting ‘‘The ex- constituent services. My bill would re- these provisions were not included in empt amount which is applicable for each month of a particular taxable year shall be store us the ability to recommend the final conference report of that bill. whichever’’; those constituents who we feel will do In 1988, the Secretary of the Air (2) in clause (i), by striking ‘‘correspond- an outstanding job with the Federal Force decided, for the purposes of ing’’; and civil service. The bureaucracy needs granting veterans benefits to merchant (3) in the last sentence, by striking ‘‘an ex- applicants from outside the beltway to seamen, that the cut-off date for serv- empt amount’’ and inserting ‘‘the exempt effect a change in how the U.S. Govern- ice would be August, 15, 1945, V–J Day, amount’’. ment works today. Exceptional can- rather than December 31, 1946, when (c) REPEAL OF BASIS FOR COMPUTATION OF didates recommended by Senators and hostilities were declared officially SPECIAL EXEMPT AMOUNT.—Section 203(f)(8)(D) of such Act (42 U.S.C. (f)(8)(D)) is Representatives can help make these ended. My bill would correct the 1988 repealed. changes. decision and extend veterans benefits SEC. 4. ADDITIONAL CONFORMING AMEND- I urge my colleagues to join me in to those merchant mariners who served MENTS. supporting this important legislation. I from August 15, 1945 to December 31, (a) ELIMINATION OF REDUNDANT REF- ask unanimous consent that the text of 1946. It would extend eligibility for vet- ERENCES TO RETIREMENT AGE.—Section 203 of the bill be printed in the RECORD. erans burial benefits, funeral benefits, the Social Security Act (42 U.S.C. 403) is There being no objection, the bill was and related benefits for certain mem- amended— ordered to be printed in the RECORD, as bers of the U.S. merchant marine dur- (1) in the last sentence of subsection (c), by ing World War II. striking ‘‘nor shall any deduction’’ and all follows: that follows and inserting ‘‘nor shall any de- S. 253 I urge my colleagues to join me in duction be made under this subsection from Be it enacted by the Senate and House of supporting this important legislation. I any widow’s or widower’s insurance benefit if Representatives of the United States of America ask unanimous consent that the text of the widow, surviving divorced wife, widower, in Congress assembled, the bill be printed in the RECORD. January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1273 There being no objection, the bill was eligibility for benefits under chapters 23 and In March 1980, there was a very seri- ordered to be printed in the RECORD, as 24 of title 38. ous slide at the Natchez Bluffs that follows: ‘‘(b) The Secretary shall reimburse the killed two people and injured many Secretary of Veterans Affairs for the value of more. Last year there was another S. 254 benefits that the Secretary of Veterans Af- Be it enacted by the Senate and House of Rep- fairs provides for an individual by reason of slide which carried away a significant resentatives of the United States of America in eligibility under this section. portion of the bluffs. Clearly, the bluffs Congress assembled, ‘‘(c) An individual is not entitled to re- are now past the point of makeshift re- SECTION 1. MERCHANT MARINER BENEFITS. ceive, and may not received, benefits under pair measures which the State and the (a) Part G of subtitle II, title 46, United this chapter for any period before the date municipality have attempted. Now is States Code, is amended by adding at the end on which this chapter takes effect. the time to have the Government Fed- of the following new chapter: ‘‘§ 11204. Processing fees eral engineer step in. The Corps of En- ‘‘CHAPTER 112—MERCHANT MARINER ‘‘(a) The Secretary shall collect a fee of $30 gineers examined the current situa- BENEFITS from each applicant for processing an appli- tion, and their most recent draft report ‘‘Sec. cation submitted under section 11202(a) of characterizes the deteriorating condi- ‘‘11201. Qualified service. this title. tion as an emergency. ‘‘11202. Documentation of qualified service. ‘‘(b) Amounts received by the Secretary ‘‘11203. Eligibility for certain veterans’ bene- under this section shall be credited to appro- I encourage all my colleagues to sup- fits. priations available to the Secretary for car- port this bill and the idea behind it. ‘‘11204. Processing fees. rying out this chapter.’’. Not just due to the imminent danger ‘‘§ 11201. Qualified service (b) The table of chapters at the beginning posed to life by the real possibility for ‘‘For purposes of this chapter, a person en- of subtitle II of title 46, United States Code, additional slides, but also for preserv- gaged in qualified service if, between August is amended by inserting after the item relat- ing nationally recognized historic prop- 16, 1945, and December 31, 1946, the person— ing to chapter 111 the following: erty. I introduced similar legislation ‘‘(1) was a member of the United States ‘‘112. Merchant Mariner Benefits 11201’’. last year as Senate bill 1492, that would merchant marine (including the Army do essentially the same thing. Transport Service and the Naval Transpor- By Mr. LOTT (for himself and Mr. tation Service) serving as a crewmember of a COCHRAN): I am pleased to be joined by Senator vessel that was— S. 255. A bill to require the Secretary THAD COCHRAN, the senior Senator ‘‘(A) operated by the War Shipping Admin- of the Army to carry out such activi- from my State, in cosponsoring this istration or the Office of Defense Transpor- ties as are necessary to stabilize the legislation to protect these historically tation (or an agent of the Administration or bluffs along the Mississippi River in significant properties and to prevent Office); the vicinity of Natchez, MS, and for potential loss of lives. ‘‘(B) operated in waters other than inland Mr. COCHRAN. Mr. President, I am waters, the Great Lakes, other lakes, bays, other purposes; to the Committee on and harbors of the United States; Environment and Public Works. pleased to join my colleague, Senator LOTT, in cosponsoring legislation ‘‘(C) under contract or charter to, or prop- NATCHEZ BLUFFS STABILIZATION LEGISLATION which would authorize funds to sta- erty of, the Government of the United Mr. LOTT. Mr. President, I rise today States; and bilize the river bluffs at Natchez. to introduce legislation to authorize ‘‘(D) serving the Armed Forces; and Two years ago, at my request, the ‘‘(2) while so serving, was licensed or other- the Corps of Engineers to stabilize sec- Energy and Water Appropriations Sub- wise documented for service as a crew- tions of the Natchez Bluffs. The dete- committee, in its fiscal year 1994 ap- member of such a vessel by an officer or em- rioration of these bluffs has created a propriations bill, asked the Corps of ployee of the United States authorized to li- profound danger to both life and prop- cense or document the person for such serv- Engineers to undertake a technical erty. study of the condition and possible sta- ice. These bluffs overlook the Mississippi ‘‘§ 11202. Documentation of qualified service bilizing actions that could be taken. River and are formed by loess soil, a Last year, we asked the corps to pre- ‘‘(a) The Secretary shall, upon applica- very fine powdery substance that prac- pare a second report focusing on up- tion— tically liquefies when it gets wet. ‘‘(1) issue a certificate of honorable dis- dated cost estimates and, in light of Water has infiltrated this soil causing more recent bad weather and deteriora- charge to a person who, as determined by the numerous and unexpected mudslides Secretary, engaged in qualified service of a tion, on the current severity of the sit- and sloughing. This has put the his- nature and duration that warrants issuance uation. We have seen the corps’ second of the certificate; and toric homes on the bluffs and at their report. In that report, the Corps of En- ‘‘(2) correct, or request the appropriate of- base in jeopardy. gineers states what the Governor of ficial of the Federal Government to correct, Natchez has a long and distinguished Mississippi, the mayor of Natchez, and the service records of the person to the ex- history. Not only was this area the an- the people of Natchez have known and tent necessary to reflect the qualified serv- cestral home for the Natchez Indians; ice and the issuance of the certificate of hon- have been saying for some time: That it is the oldest settlement in my State. the Natchez Bluff situation is an emer- orable discharge. In fact, it is the oldest settlement on ‘‘(b) The Secretary shall take action on an gency. the Mississippi River, even older than application under subsection (a) not later Last October, the Natchez Democrat than one year after the Secretary receives New Orleans or St. Louis. When my editorialized, ‘‘Each day that passes the application. State was a territory, Natchez was our without a remedy, sections of the ‘‘(c) In making a determination under sub- capital, and during the antebellum bluffs become more precarious, threat- section (a)(1), the Secretary shall apply the times it was a major center for cotton ening homes and businesses.’’ Natchez same standards relating to the nature and trading. Natchez has been designated duration of service that apply to the issu- Bluffs is like a deteriorating health as a national historical park. The problem. Every day that goes by with- ance of honorable discharges under section Natchez Trace, which was a major in- 401(a)(1)(B) of the GI Bill Improvement Act out action means that corrective ac- land trade route during colonial days, of 1977 (38 U.S.C. 106 note). tion will be more complex and more ex- ‘‘(d) An official of the Federal Government historically started at these bluffs. pensive. And so, in this day when budg- who is requested to correct service records Last year the National Trust for His- et constraints are the watchword, it is under subsection (a)(2) shall do so. toric Preservation put Natchez on its even more imperative to move on truly § 11203. Eligibility for certain veterans’ bene- list of America’s ‘‘Eleven Most Endan- important projects like this one with- fits gered Historic Places.’’ To quote Rich- out delay. More delay will mean more ‘‘(a) The qualified service of an individual ard Moe, president of the National money. More delay will mean more who— Trust: hardship for the people of Natchez. ‘‘(1) receives an honorable discharge cer- The National Trust strongly supports the tificate under section 11202 of this title, and Therefore, I urge the Senate to ap- authorization for the Army Corps of Engi- prove this authorization for Corps of ‘‘(2) is not eligible under any other provi- neers to stabilize the bluffs. These historic sion of law for benefits under laws adminis- resources are some of the most outstanding Engineers work in Natchez. Individuals tered by the Secretary of Veterans Affairs, in the United States, and they must not be homes, businesses, and important, his- is deemed to be active duty in the Armed lost when there is an available remedy to the toric sections of a grand old American Forces during a period of war for purposes of threat. city are at stake. S 1274 CONGRESSIONAL RECORD — SENATE January 20, 1995 By Mr. DOLE (for himself, Mr. We recognize that the Department of ‘‘(2) COVERED PERSONS.—Paragraph (1) ap- LAUTENBERG, Mr. LIEBERMAN, Defense has concerns about this legis- plies to the following individuals: and Mr. SIMPSON): lation. At the same time, we also real- ‘‘(A) Any member of the armed forces who S. 256. A bill to amend title 10, Unit- ize that families of missing personnel disappears during a time or war or national ed States Code, to establish procedures emergency, or during a period of such other raise legitimate issues. However, in my hostilities as the Secretary of Defense may for determining the status of certain view, we need to look at this issue from prescribe. missing members of the Armed Forces the perspective of those brave men and ‘‘(B) Any civilian employee of the Federal and certain civilians, and for other pur- women currently serving in our Armed Government (including an employee of a poses; to the Committee on Armed Forces. As this bill moves through the contractor of the Federal Government) Services. legislative process, it is our hope that who— MISSING SERVICE PERSONNEL ACT all of these issues and concerns will be ‘‘(i) serves with or accompanies an armed Mr. DOLE. Mr. President, today I addressed. force in the field during such a time or pe- riod; and rise, with my colleagues, Senator SIMP- Mr. President, the men and women in ‘‘(ii) disappears during such service or ac- SON, Senator LAUTENBERG, and Senator uniform must know that this Nation companiment. LIEBERMAN, to introduce the Missing will do everything possible to return ‘‘(3) FURTHER ACTIVITIES.—As a result of an Service Personnel Act of 1995. This leg- them safely home in the event they be- investigation into the whereabouts and sta- islation is similar to that which was come missing while serving in armed tus of a person under paragraph (1), a com- introduced last year but which the conflict. Additionally, we must assure mander shall— Congress was unable to consider before them that a more open and fair proce- ‘‘(A) place the person in a missing status; adjournment. The legislation would re- dure will be established to determine ‘‘(B) submit a notice that the person has form the Department of Defense’s pro- their exact status. been placed in a missing status to— cedures for determining whether mem- In closing, let me note the support ‘‘(i) in the case of a person who is a mem- bers of the Armed Forces should be ber of the armed forces, the officer having that this legislation has already re- general court-martial authority over the listed as missing or presumed dead. ceived. I have received letters encour- person; Legislation pertaining to those missing aging the introduction of this bill from ‘‘(ii) in the case of a person who is a civil- in action has not changed in the past 50 the American Legion, the Disabled ian employee of the Federal Government or years. Since the Vietnam war, the De- American Veterans, the National Viet- contractor of the Federal Government, the partment of Defense and the U.S. Gov- nam Veterans Coalition, and Vietnow. Secretary of the department employing the ernment have been criticized for their Additionally, in just the short time person or contracting with the contractor; handling of the POW/MIA issue. Some between its introduction last year and ‘‘(C) retain and safeguard for official use of that criticism is legitimate. Some of our adjournment, this legislation any information, documents, records, state- ments, or other evidence relating to the it has been brought upon the Govern- gained a total of 23 cosponsors. I am ment by its own actions or inactions. whereabouts or status of the person that re- pleased to again sponsor this impor- sult from the investigation or from actions This bill attempts to correct most of tant legislation with the distinguished taken to locate the person; and those problems and establish a fair and Senator from New Jersey, and urge my ‘‘(D) submit to the officer having general equitable procedure for determining colleagues to support it. court-martial authority over the person, in the exact status of such personnel. At Mr. President, I ask unanimous con- the case of a member of the armed forces, or the same time, it is my hope that we sent that the text of the bill and let- to the Secretary of the department employ- might restore some of the Depart- ters from each of these organizations ing the person or contracting with the con- tractor, in the case of a civilian employee of ment’s credibility on this issue and re- be printed in the RECORD following my the Federal Government or contractor of the build faith and trust between the pub- statement. lic and our Federal Government. Federal Government, as the case may be— There being no objection, the mate- ‘‘(i) not later than 48 hours after the date This bill attempts to ensure that rial was ordered to be printed in the missing members of the Armed Forces on which the absence of the person is offi- RECORD, as follows: cially noted, a report that— or civilian employees accompanying S. 256 ‘‘(I) contains information on the absence or them are fully accounted for by the disappearance of the person; Government and that they are not de- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in ‘‘(II) describes the actions taken to locate clared dead solely because of the pas- Congress assembled, the person; and sage of time. The legislation would es- ‘‘(III) sets forth any information relating SECTION 1. SHORT TITLE. tablish new procedures for determining to the whereabouts or status of the person This Act may be cited as the ‘‘Missing not contained in any previous report; the whereabouts and status of missing Service Personnel Act of 1995’’. persons. Additionally, the bill provides ‘‘(ii) not later than 7 days after such date, SEC. 2. PURPOSE. a report that— for the appointment of counsel for the The purpose of this Act is to ensure that missing persons, ensuring that the ‘‘(I) summarizes the actions taken to lo- any member of the Armed Forces and any ci- cate the person; and Government does not disregard their vilian employee of the Federal Government ‘‘(II) sets forth any information relating to interests and affording them due proc- or contractor of the Federal Government the whereabouts or status of the person not ess of law. The proposal also attempts who serves with or accompanies an Armed contained in any previous report; to remove the curtains of secrecy Force in the field under orders is fully ac- ‘‘(iii) not later than 30 days after such which often seem to surround these counted for by the Federal Government and, date, a report that— cases by ensuring access to Govern- as a general rule, is not declared dead solely ‘‘(I) summarizes the continuing actions to ment information and by making all because of the passage of time. locate the person; and information available to the hearing SEC. 3. DETERMINATION OF WHEREABOUTS AND ‘‘(II) sets forth any information on the STATUS OF CERTAIN MISSING PER- whereabouts or status of the person that re- officers. Additionally, the missing per- SONS. son’s complete personnel file would be sults from such actions; and (a) IN GENERAL.—Chapter 53 of title 10, ‘‘(iv) at any other time, a report that sets made available for review by the fam- United States Code, is amended by adding at forth any other information that may be rel- ily members. Moreover, the legislation the end of the following new section: evant to the whereabouts or status of the attempts to protect the interests of the ‘‘§ 1060b. Missing persons: informal investiga- person. missing person’s immediate family, de- tions; inquiries; determinations of death; ‘‘(b) INITIAL INQUIRY.— pendents, and next of kin, allowing personnel files ‘‘(1) IN GENERAL.—Not later than 7 days them to be represented by counsel and ‘‘(a) INFORMAL INVESTIGATIONS.— after receiving notification under subsection to participate with the boards of in- ‘‘(1) IN GENERAL.—After receiving factual (a)(3)(B) that a person has been placed in quiry. It is our hope that by allowing information that the whereabouts or status missing status, the officer having general more participation by the family, re- of a person described in paragraph (2) is un- court-martial authority over the person, in quiring legal representation of the certain and that the absence of the person the case of a person who is a member of the may be involuntary, the military com- armed forces, or the Secretary of the depart- missing persons, and permitting Fed- mander of the unit, facility, or area to or in ment employing the person or contracting eral court review of all determinations, which the person is assigned shall conduct with the contractor, in the case of a person we will establish fundamental fairness an investigation into the whereabouts and who is a civilian employee of the Federal for all concerned. status of the person. Government or contractor of the Federal January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1275

Government, shall appoint a board to con- ‘‘(i) meet the qualifications set forth in ‘‘(B) SCOPE OF REVIEW.—In conducting a re- duct an inquiry into the whereabouts and section 827(b) of this title (article 27(b) of the view of a report under subparagraph (A), the status of the person. Uniform Code of Military Justice); and official receiving the report shall determine ‘‘(2) SCOPE OF CERTAIN INQUIRIES.—If it ap- ‘‘(ii) have a security clearance that affords whether or not the report is complete and pears to the official who appoints a board the individual access to all information re- free of administrative error. under this subsection that the absence or lating to the whereabouts or status of the ‘‘(C) RETURN.—If an official determines missing status of two or more persons is fac- person or persons covered by the inquiry. under subparagraph (B) that a report is in- tually related, the official may appoint one ‘‘(C) RESPONSIBILITIES AND DUTIES.—An in- complete, or that a report is not free of ad- board under this subsection to conduct the dividual appointed as counsel under this ministrative error, the official may return inquiry into the whereabouts or status of the paragraph— the report to the board for further action on persons. ‘‘(i) shall have access to all facts and evi- the report by the board. ‘‘(3) COMPOSITION.— dence considered by the board during the ‘‘(D) DETERMINATION OF STATUS.—Upon a ‘‘(A) IN GENERAL.—A board appointed under proceedings under the inquiry for which the this subsection shall consist of at least one counsel is appointed; determination by the official concerned that individual described in subparagraph (B) who ‘‘(ii) shall observe all official activities of a report reviewed by the official under this has experience with and understanding of the board during such proceedings; paragraph is complete and free of adminis- military operations or activities similar to ‘‘(iii) may question witnesses before the trative error, the official shall make a deter- the operation or activity in which the person board; mination of the status of the person or per- or persons disappeared. ‘‘(iv) shall monitor the deliberations of the sons covered by the report. ‘‘(B) REQUIRED MEMBER.—An individual re- board; ‘‘(11) REPORT TO INTERESTED PERSONS.—Not ferred to in subparagraph (A) is the follow- ‘‘(v) shall review the report of the board later than 90 days after the first official no- ing: under paragraph (9); and tice of the disappearance of a person or per- ‘‘(i) A military officer, in the case of an in- ‘‘(vi) shall submit to the official who ap- sons, the official who appoints a board of in- quiry with respect to a member of the armed pointed the board an independent review of quiry into the whereabouts or status of the forces. such report. person or person under this subsection ‘‘(ii) A civilian, in the case of an inquiry ‘‘(D) TREATMENT OF REVIEW.—A review of shall— with respect to a civilian employee of the the report of a board on an inquiry that is ‘‘(A) provide an unclassified summary of Federal Government or contractor of the submitted under subparagraph (C)(vi) shall Federal Government. the report of the board to the members of be made an official part of the record of the the immediate family, dependents, primary ‘‘(C) ACCESS TO CLASSIFIED INFORMATION.— board with respect to the inquiry. Each member of a board appointed for an in- next of kin, and previously designated per- ‘‘(7) ACCESS TO MEETINGS.—The proceedings sons of the person or persons; and quiry under this subsection shall have a se- of a board during an inquiry under this sub- ‘‘(B) inform the individuals referred to in curity clearance that affords the member ac- section shall be closed to the public, includ- subparagraph (A) that the Federal Govern- cess to all information relating to the where- ing to any member of the immediate family, abouts and status of the missing person or dependent, primary next of kin, or pre- ment will conduct a subsequent inquiry into persons covered by the inquiry. viously designated person of the person or the whereabouts or status of the person or ‘‘(4) ACTIVITIES.—A board appointed to con- persons covered by the inquiry. persons not earlier than 1 year after the date duct an inquiry into the whereabouts or sta- ‘‘(8) RECOMMENDATION ON STATUS.— of the first official notice of the disappear- tus of a missing person or persons under this ‘‘(A) IN GENERAL.—Upon completion of an ance of the person or persons, unless infor- subsection shall— inquiry into the whereabouts or status of a mation becomes available sooner that would ‘‘(A) collect, develop, and investigate all person or persons under this subsection, a result in a substantial change in the official facts and evidence relating to the disappear- board shall make a recommendation to the status of the person or persons. ance, whereabouts, or status of the person or official who appointed the board as to the ‘‘(12) ADDITIONAL INVESTIGATION.— persons; current whereabouts or status of the person ‘‘(B) collect appropriate documentation of ‘‘(A) IN GENERAL.—If information on the the facts and evidence covered by the inves- or persons. whereabouts or status of a person or persons tigation; ‘‘(B) RECOMMENDATION OF STATUS AS covered by an inquiry under this subsection ‘‘(C) analyze the facts and evidence, make DEAD.— becomes available within 1 year after the findings based on the analysis, and draw con- ‘‘(i) IN GENERAL.—A board may not rec- date of the first official notice of the dis- clusions as to the current whereabouts and ommend under subparagraph (A) that a per- appearance of the person or persons, the offi- status of the person or persons; and son or persons be declared dead unless con- cial who appointed the board to inquire into ‘‘(D) recommend to the officer having gen- clusive proof of the death of the person or the whereabouts or status of the person or persons is established by the board. eral court-martial authority over the person, persons under this subsection shall appoint ‘‘(ii) DEFINITION.—In this subparagraph, in the case of a person who is a member of an additional board to conduct an inquiry the term ‘conclusive proof of death’, in the the armed forces, or the Secretary of the de- into the information case of a person or persons, means evidence partment employing the person or contract- ‘‘(B) CONDUCT OF INQUIRY.—The appoint- ing with the contractor, in the case of a per- establishing that death is the only plausible explanation for the absence of the person or ment and activities of a board under this son who is a civilian employee of the Federal paragraph shall be subject to the provisions Government or contractor of the Federal persons. of this subsection. Government, that— ‘‘(9) REPORT.— ‘‘(c) SUBSEQUENT INQUIRY.— ‘‘(i) the person or persons continue to have ‘‘(A) REQUIREMENT.—A board appointed a missing status; or under this subsection shall submit to the of- ‘‘(1) REQUIREMENT.— ‘‘(ii) the person or persons be declared (I) ficial who appointed the board a report on ‘‘(A) IN GENERAL.—If as a result of an in- to have deserted, (II) to be absent without the inquiry carried out by the board. Such quiry under subsection (b) an official deter- leave, or (III) to be dead. report shall include— mines under paragraph (10)(D) of that sub- ‘‘(5) INQUIRY PROCEEDINGS.—During the pro- ‘‘(i) a discussion of the facts and evidence section that a person or persons retain or be ceedings of an inquiry under this subsection, considered by the board in the inquiry; and placed in a missing status, the Secretary a board shall— ‘‘(ii) the recommendation of the board concerned shall appoint a board under this ‘‘(A) collect, record, and safeguard all clas- under paragraph (8). subsection to conduct an inquiry into the sified and unclassified facts, documents, ‘‘(B) SUBMITTAL DATE.—A board shall sub- whereabouts and status of the person or per- statements, photographs, tapes, messages, mit a report under this paragraph not later sons. maps, sketches, reports, and other informa- than 45 days after the date of the first offi- ‘‘(B) DEFINITION.—For purposes of this sub- tion relating to the whereabouts or status of cial notice of the disappearance of the person section, the term ‘Secretary concerned’ or persons covered by the inquiry described the person or persons covered by the inquiry; means the following: in the report. ‘‘(B) gather facts and information relating ‘‘(i) In the case of a member of the armed to actions taken to find the person or per- ‘‘(C) PUBLIC AVAILABILITY.—A report sub- forces, the Secretary of the military depart- sons, including any evidence of the where- mitted under this paragraph may not be ment having jurisdiction over the armed abouts or status of the person or persons made public until 1 year after the date re- that arises from such actions; and ferred to in subparagraph (B). force of the member. ‘‘(C) maintain a record of the proceedings. ‘‘(10) ACTIONS BY APPOINTING OFFICIAL.— ‘‘(ii) In the case of a civilian employee of ‘‘(6) COUNSEL FOR MISSING PERSON.— ‘‘(A) REVIEW.—Not later than 15 days after the Federal Government or contractor of the ‘‘(A) IN GENERAL.—The official who ap- the date of the receipt of a report from a Government, the Secretary of the depart- points a board to conduct an inquiry under board under paragraph (9), the official who ment employing the employee or contracting this subsection shall appoint counsel to rep- appointed the board shall review— with the contractor, as the case may be. resent the person or persons covered by the ‘‘(i) the report; and ‘‘(2) DATE OF APPOINTMENT.—The Secretary inquiry. ‘‘(ii) the review submitted under paragraph concerned shall appoint a board under this ‘‘(B) QUALIFICATIONS.—An individual ap- (6)(C)(vi) by the counsel for the person or subsection to conduct an inquiry into the pointed as counsel under this paragraph persons covered by the inquiry described in whereabouts and status of a person or per- shall— the report. sons on or about 1 year after the date of the S 1276 CONGRESSIONAL RECORD — SENATE January 20, 1995 first official notice of the disappearance of ‘‘(D) determine on the basis of the activi- duced or terminated as a result of a revision the person or persons. ties under subparagraphs (A) and (B) whether in the status of the missing person, may at- ‘‘(3) SCOPE OF CERTAIN INQUIRIES.—If it ap- the status of the person or persons should be tend the proceedings of the board with pri- pears to the Secretary concerned that the continued or changed; and vate counsel; absence or status of two or more persons is ‘‘(E) issue a report to the Secretary con- ‘‘(ii) shall have access to the personnel file factually related, the Secretary may appoint cerned describing the findings and conclu- of the missing person, to unclassified reports one board under this subsection to conduct sions of the board, together with a rec- (if any) of the board appointed under sub- the inquiry into the whereabouts or status of ommendation on the whereabouts or status section (b) to conduct the inquiry into the the persons. of the person or persons. whereabouts and status of the person, and to ‘‘(4) COMPOSITION.— ‘‘(6) COUNSEL FOR MISSING PERSON OR PER- any other unclassified information or docu- ‘‘(A) IN GENERAL.—Subject to subpara- SONS.— ments relating to the whereabouts and sta- graphs (B) and (C), a board appointed under ‘‘(A) IN GENERAL.—The Secretary who ap- tus of the person; this subsection shall consist of the following: points a board to conduct an inquiry under ‘‘(iii) shall be afforded the opportunity to ‘‘(i) In the case of a board appointed to in- this subsection shall appoint counsel to rep- present information at the proceedings that quire into the whereabouts or status of a resent the person or persons covered by the such individuals consider to be relevant to member or members of the armed forces, not inquiry. the proceedings; and less than three officers having a grade O–4 or ‘‘(B) QUALIFICATIONS.—An individual ap- ‘‘(iv) subject to subparagraph (F), shall be higher. pointed as counsel under this paragraph afforded the opportunity to submit in writ- ‘‘(ii) In the case of a board appointed to in- shall— ing objections to the recommendations of quire into the whereabouts or status of a ci- ‘‘(i) meet the qualifications set forth in the board under paragraph (10) as to the sta- vilian employee or employees of the Federal section 827(b) of this title (article 27(b) of the tus of the missing person. Government or contractor of the Govern- Uniform Code of Military Justice); and ‘‘(F) OBJECTIONS.—Objections to the rec- ment— ‘‘(ii) have a security clearance that affords ommendations of the board under subpara- ‘‘(I) not less than three civilian employees the individual access to all information re- graph (E)(iv) shall be submitted to the Presi- of the Federal Government whose rate of an- lating to the whereabouts or status of the dent of the board not later than 24 hours nual pay is equal to or greater than the rate person or persons. after the date on which such recommenda- of annual pay payable for grade GS–13 of the ‘‘(C) RESPONSIBILITIES AND DUTIES.—An in- tions are made. The President shall include General Schedule under section 5332 of title dividual appointed as counsel under this the objections in the report of the board to 5; and paragraph— the Secretary concerned under paragraph ‘‘(II) such members of the armed forces as ‘‘(i) shall have access to all facts and evi- (12). the Secretary concerned and the Secretary dence considered by the board during the ‘‘(G) PROHIBITION ON REIMBURSEMENT.—In- of Defense jointly determine advisable. proceedings under the inquiry for which the dividuals referred to in subparagraph (A) ‘‘(B) PRESIDENT OF BOARD.—The Secretary counsel is appointed; who participate in the proceedings of a board concerned shall designate one member of ‘‘(ii) shall observe all official activities of under this paragraph shall not be entitled to each board appointed under this subsection the board during such proceedings; reimbursement by the Federal Government as President of the board. The President ‘‘(iii) may question witnesses before the for any costs incurred by such individuals in shall have a security clearance that affords board; attending such proceedings, including travel, the President access to all information relat- ‘‘(iv) shall monitor the deliberations of the lodging, meals, local transportation, legal ing to the whereabouts and status of the per- board; and fees, transcription costs, witness expenses, son or persons covered by the inquiry. ‘‘(v) shall review the report of the board and other expenses. ‘‘(C) REQUIREMENTS FOR OTHER MEMBERS.— under paragraph (11); and ‘‘(8) AVAILABILITY OF INFORMATION TO ‘‘(i) ATTORNEY.—One member of each board ‘‘(vi) shall submit to the Secretary con- BOARDS.— appointed under this subsection shall be an cerned an independent review of the rec- ‘‘(A) IN GENERAL.—In conducting proceed- attorney, or judge advocate, who has exper- ommendation of the board under paragraph ings in an inquiry under this subsection, a tise in the public law relating to missing per- (10). board may secure directly from any depart- sons, the determination of death of such per- ‘‘(D) TREATMENT OF REVIEW.—The review of ment or agency of the Federal Government sons, and the rights of family members and the report of a board on an inquiry that is any information that the members of the dependents of such persons. submitted under subparagraph (C)(vi) shall board consider necessary in order to conduct ‘‘(ii) OCCUPATIONAL SPECIALIST.—One mem- be made an official part of the record of the the proceedings. ber of each board appointed under this sub- board with respect to the inquiry. ‘‘(B) AUTHORITY TO RELEASE.—Upon written section shall be an individual who has— ‘‘(7) PARTICIPATION OF CERTAIN INTERESTED request from the President of a board, the ‘‘(I) an occupational specialty similar to PERSONS IN PROCEEDINGS.— head of a department or agency of the Fed- that of one or more of the persons covered by ‘‘(A) IN GENERAL.—Notwithstanding any eral Government shall release information the inquiry; and other provision of law, the members of the covered by the request to the board. In re- ‘‘(II) an understanding of and expertise in immediate family, dependents, primary next leasing such information, the head of the de- the official activities of one or more such of kin, and previously designated persons of partment or agency shall— persons at the time such person or persons the person or persons covered by an inquiry ‘‘(i) declassify to an appropriate degree disappeared. under this subsection may participate at the classified information; or ‘‘(iii) EXPERT IN TRANSPORTATION.—If the proceedings of the board during the inquiry. ‘‘(ii) release the information in a manner person or persons covered by an inquiry dis- ‘‘(B) NOTIFICATION OF PERSONS.—The Sec- not requiring the removal of markings indi- appeared in transit, one member of the board retary concerned shall notify the individuals cating the classified nature of the informa- appointed for the inquiry shall be an individ- referred to in subparagraph (A) of the oppor- tion. ual whose occupational specialty relates to tunity to participate at the proceedings of a ‘‘(C) TREATMENT OF CLASSIFIED INFORMA- the piloting, navigation, or operation of the board not later than 60 days before the first TION.— mode of transportation in which the person meeting of the board. ‘‘(i) RELEASE.—If a request for information or persons were travelling at the time such ‘‘(C) RESPONSE.—An individual who re- under subparagraph (B) covers classified in- person or persons disappeared. ceives notice under subparagraph (B) shall formation that cannot be declassified, can- ‘‘(5) ACTIVITIES.—A board appointed under notify the Secretary of the intent, if any, of not be removed before release from the infor- this subsection to conduct an inquiry into the individual to participate at the proceed- mation covered by the request, or cannot be the whereabouts or status of a person or per- ings of a board not later than 21 days after summarized in a manner that prevents the sons shall— the date of the individual’s receipt of the no- release of classified information, the classi- ‘‘(A) review the report under paragraph (9) tice. fied information shall be made available of subsection (b) of the board appointed to ‘‘(D) SCHEDULE AND LOCATION OF PROCEED- only to the President of the board making conduct the inquiry into the status or where- INGS.—The Secretary shall, to the maximum the request and the counsel for the missing abouts of the person or persons under sub- extent practicable, provide that the schedule person appointed under paragraph (6). section (b) and the determination under and location of the proceedings of a board ‘‘(ii) USE IN PROCEEDINGS.—The President paragraph (10)(D) of that subsection of the under this subsection be established so as to of a board shall close to persons who do not official who appointed the board under that be convenient to the individuals who notify have appropriate security clearances the subsection as to the status of the person or the Secretary under subparagraph (C) of proceeding of the board at which classified persons; their intent to participate at such proceed- information is discussed. Participants at a ‘‘(B) collect and evaluate any documents, ings. proceeding of a board at which classified in- facts, or other evidence with respect to the ‘‘(E) MANNER OF PARTICIPATION.—Individ- formation is discussed shall comply with all whereabouts or status of the person or per- uals who notify the Secretary under subpara- applicable laws and regulations relating to sons that have become available since the graph (C) of their intent to participate at the the disclosure of classified information. The completion of the inquiry under subsection proceedings of a board— Secretary concerned shall assist the Presi- (b); ‘‘(i) in the case of individuals whose enti- dent of a board in ensuring that classified in- ‘‘(C) draw conclusions as to the where- tlement to the pay or allowances (including formation is not compromised through board abouts or status of the person or persons; allotments) of a missing person could be re- proceedings. January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1277

‘‘(9) BOARD MEETINGS.— port on a person or persons under paragraph mation from the personnel file of a person, ‘‘(A) IN GENERAL.—Subject to subparagraph (11), the Secretary concerned shall— the Secretary shall ensure that the file con- (B), the proceedings of a board under this ‘‘(A) provide an unclassified summary of tains the following: subsection shall be open to the public. the report to the members of the immediate ‘‘(i) A notice that the withheld information ‘‘(B) EXCEPTIONS.—A proceeding of a board family, the dependents, the primary next of exists. shall be closed to the public at the request of kin, and the previously designated persons of ‘‘(ii) A notice of the date of the most re- the following: the person or persons covered by the report; cent review of the classification of the with- ‘‘(i) The counsel appointed under para- and held information. graph (6) for the person or persons covered ‘‘(B) in the case of a person or persons who ‘‘(3) WRONGFUL WITHHOLDING.—Any person by the proceeding. continue to be in missing status, inform the who knowingly and willfully withholds from ‘‘(ii) Any member of the immediate family, members, dependents, kin, and persons of the the personnel file of a missing person any in- dependent, primary next of kin, or pre- person or persons that the Federal Govern- formation (other than classified informa- viously designated person of the person or ment will conduct a further investigation tion) relating to the disappearance or where- persons. into the whereabouts or status of the person abouts or status of a missing person shall be ‘‘(iii) The Secretary who appointed the or persons not later than 3 years after the fined as provided in title 18, or imprisoned board, but only if such Secretary determines date of the official notice of the disappear- that a proceeding open to the public could ance of the person or persons, unless infor- not more than 1 year, or both. jeopardize the health and well-being of other mation becomes available within that time ‘‘(4) AVAILABILITY OF INFORMATION.—The missing persons or impair the activities of that would result in a substantial change in Secretary concerned shall, upon request, the Federal Government to recover missing the official status of the person or persons. make available the contents of the personnel persons in the theater of operations or the ‘‘(14) RECONVENING OF BOARD.— file of a missing person to members of the area in which the missing person or persons ‘‘(A) IN GENERAL.—If the Secretary con- immediate family, dependents, primary next are thought to have disappeared. cerned recommends that a person or persons of kin, or previously designated person of the ‘‘(iv) The President of the board, but only continue in missing status, or that a missing person. for discussion of classified information. person previously declared dead be given a ‘‘(f) RECOMMENDATION OF STATUS OF ‘‘(10) RECOMMENDATION ON STATUS.— missing status, the Secretary shall recon- DEATH.— ‘‘(A) IN GENERAL.—Upon completion of pro- vene the board when information becomes ‘‘(1) REQUIREMENTS RELATING TO REC- ceedings in an inquiry under this subsection, available that would directly lead to a deter- OMMENDATION.—A board appointed under sub- a board shall make a recommendation as to mination of status of the missing person or section (c) or (d) may not recommend that a the current whereabouts or status of the persons. person be declared dead unless— missing person or persons covered by the in- ‘‘(B) CONDUCT OF PROCEEDINGS.—The provi- ‘‘(A) evidence (other than the passage of a quiry. sions of this subsection shall apply to the ac- period of time of less than 50 years) exists to ‘‘(B) RECOMMENDATION OF DEAD STATUS.— tivities of a board convened under this para- suggest that the person is dead; ‘‘(i) IN GENERAL.—A board may not rec- graph. ‘‘(B) the Federal Government possesses no ommend under subparagraph (A) that a per- ‘‘(d) FURTHER REVIEW.— evidence that reasonably suggests that the son or persons be declared dead unless— ‘‘(1) SUBSEQUENT REVIEW.— person is alive; ‘‘(I) conclusive proof of death is established ‘‘(A) IN GENERAL.—The Secretary con- ‘‘(C) representatives of the Federal Govern- by the board; and cerned shall appoint a board to conduct an ment have made a complete search of the ‘‘(II) in making the declaration, the board inquiry into the whereabouts or status of area where the person was last seen (unless, complies with subsection (f). any person or persons determined by the after making every good faith effort to ob- ‘‘(ii) DEFINITION.—In this subparagraph, Secretary under subsection (c)(12)(D) to be a tain access to such area, such representa- the term ‘conclusive proof of death’, in the person or persons in missing status. tives are not granted such access); and case of a person or persons, means evidence ‘‘(B) FREQUENCY OF APPOINTMENT.—Subject ‘‘(D) representatives of the Federal Gov- establishing that death is the only plausible to subparagraph (C), the Secretary shall ap- ernment have examined the records of the explanation for the absence of the person or point a board to conduct an inquiry with re- government or entity having control over persons. spect to a person or persons under this para- the area where the person was last seen (un- ‘‘(11) REPORT.— graph— less, after making every good faith effort to ‘‘(A) REQUIREMENT.—A board appointed ‘‘(i) on or about 3 years after the date of obtain access to such records, such rep- under this subsection shall submit to the the official notice of the disappearance of resentatives are not granted such access). Secretary concerned a report on the inquiry the person or persons; and ‘‘(2) SUBMITTAL OF INFORMATION ON carried out by the board, together with the ‘‘(ii) not later than every 3 years there- DEATH.—If a board appointed under sub- evidence considered by the board during the after. section (c) or (d) makes a recommendation inquiry. ‘‘(C) DELIMITING DATE.—The Secretary that a missing person be declared dead, the ‘‘(B) CLASSIFIED ANNEX.—The report may shall not be required to appoint a board include a classified annex. under this paragraph more than 12 years board shall include in the report of the board with respect to the person under such sub- ‘‘(12) ACTIONS BY SECRETARY.— after the end of the time of war or emer- section (c) or (d) the following: ‘‘(A) REVIEW.—Not later than 30 days after gency or period of hostilities in which the the receipt of a report from a board under missing person or persons disappeared. ‘‘(A) A detailed description of the location paragraph (11), the Secretary concerned shall ‘‘(2) REVIEW OF PROBATIVE INFORMATION.— where the death occurred. review— Upon receipt of information that could re- ‘‘(B) A statement of the date on which the ‘‘(i) the report; sult in a change or revision of status of a death occurred. ‘‘(ii) the review submitted to the Secretary missing person or persons, the Secretary ‘‘(C) A description of the location of the under paragraph (6)(C)(vi) by the counsel for concerned shall appoint a board to evaluate body, if recovered. the person or persons covered by the report; the information and make a recommenda- ‘‘(D) If the body has been recovered, a cer- and tion as to the status of the person or persons tification by a licensed practitioner of foren- ‘‘(iii) the objections, if any, to the report to which the information relates. sic medicine that the body recovered is that submitted to the President of the board ‘‘(3) CONDUCT OF PROCEEDINGS.—The ap- of the missing person. under paragraph (7)(F). pointment of and activities before a board ‘‘(g) JUDICIAL REVIEW.— ‘‘(B) SCOPE OF REVIEW.—In reviewing the appointed under this subsection shall be gov- ‘‘(1) IN GENERAL.— report, review, and objections under subpara- erned by the provisions of subsection (c). ‘‘(A) JUDICIAL REVIEW.—A person referred graph (A), the Secretary shall determine ‘‘(e) PERSONNEL FILES.— to in subparagraph (B) may obtain review of whether or not the report is complete and ‘‘(1) INFORMATION IN FILES.—Except as pro- a finding described in subparagraph (C) by free of administrative error. vided in paragraph (2), the Secretary of the the court of appeals of the United States for ‘‘(C) FURTHER ACTION.—If the Secretary de- department having jurisdiction over a miss- the circuit in which the person resides or in termines under subparagraph (B) that a re- ing person at the time of the person’s dis- which the finding was made. port is incomplete, or that a report is not appearance shall, to the maximum extent ‘‘(B) AVAILABILITY OF REVIEW.—Subpara- free of administrative error, the Secretary practicable, ensure that the personnel file of graph (A) applies to any of the following per- may return the report to the board for fur- the person contains all information in the sons with respect to a missing person subject ther action on the report by the board. possession of the Federal Government relat- to a finding described in subparagraph (C): ‘‘(D) DETERMINATION OF STATUS.—Upon a ing to the disappearance and whereabouts or ‘‘(i) A member of the immediate family of determination by the Secretary that a report status of the person. the person. reviewed by the Secretary under this para- ‘‘(2) CLASSIFIED INFORMATION.— ‘‘(ii) A dependent of the person. graph is complete and free of administrative ‘‘(A) AUTHORITY TO WITHHOLD.—The Sec- ‘‘(iii) The primary next of kin of the per- error, the Secretary shall make a determina- retary concerned may withhold classified in- son. tion of the status of the person or persons formation from a personnel file under this ‘‘(iv) A person previously designated by the covered by the report. subsection. person. ‘‘(13) REPORT TO INTERESTED PERSONS.—Not ‘‘(B) NOTICE OF WITHHOLDING.—If the Sec- ‘‘(C) COVERED FINDINGS.—Subparagraph (A) later than 90 days after a board submits a re- retary concerned withholds classified infor- applies to the following findings: S 1278 CONGRESSIONAL RECORD — SENATE January 20, 1995

‘‘(i) A finding by a board appointed under ‘‘(5) EFFECT OF CHANGE IN STATUS.—If a Puerto Rico, and any territory or possession subsection (c) or (d) that a missing person is board appointed under this subsection rec- of the United States.’’. dead. ommends placing a person previously de- (b) CLERICAL AMENDMENT.—The table of ‘‘(ii) A finding by a board appointed under clared dead in a missing status such person sections at the beginning of chapter 53 of subsection (h) that confirms that a missing shall accrue no pay or allowances as a result title 10, United States Code, is amended by person formerly declared dead is in fact of the placement of the person in such sta- adding the end the following: dead. tus. ‘‘1060b. Missing persons: informal investiga- ‘‘(D) COMMENCEMENT OF REVIEW.—A person ‘‘(i) RETURN ALIVE OF PERSON DECLARED tions; inquiries; determinations MISSING OR DEAD.— referred to in subparagraph (B) shall request of death; personnel files.’’. review of a finding under this paragraph by ‘‘(1) PAY AND ALLOWANCES.—Any person in (c) CONFORMING AMENDMENTS.—(1)(A) Sec- filing with the appropriate court a written a missing status or declared dead under the tion 555 of title 37, United States Code, is re- petition requesting that the finding be set Missing Persons Act of 1942 (56 Stat. 143) or pealed. aside. by a board appointed under this section who (B) The table of sections at the beginning ‘‘(2) APPEAL AND FINALITY OF REVIEW.—The is found alive and returned to the control of the United States shall be paid for the full of chapter 10 of such title is amended by decision of the court of appeals on a petition striking out the item relating to section 555. for review under paragraph (1) shall be final, time of the absence of the person while given that status or declared dead under the law (2) Section 552 of such title is amended— except that it shall be subject to review by (A) in the second sentence of the flush the Supreme Court upon certiorari, as pro- and regulations relating to the pay and al- lowances of persons returning from a missing matter following paragraph (2) in subsection vided in section 1254 of title 28. status. (a), by striking out ‘‘for all purposes,’’ and ‘‘(3) ADDITIONAL REVIEW.— ‘‘(2) EFFECT ON GRATUITIES PAID AS A RE- all that follows through the end of the sen- ‘‘(A) IN GENERAL.—Subject to subparagraph SULT OF STATUS.—Paragraph (1) shall not be tence and inserting in lieu thereof ‘‘for all (B), upon request by a person referred to in interpreted to invalidate or otherwise affect purposes.’’; paragraph (1)(B), the Secretary concerned the receipt by any person of a death gratuity (B) in striking out paragraph (2) of sub- shall appoint a board to review the status of or other payment from the United States on section (b) and inserting in lieu thereof the a person covered by a finding described in behalf of a person referred to in paragraph (1) following: paragraph (1)(C) if the court of appeals sets before the date of the enactment of the Miss- ‘‘(2) that his death is determined under sec- aside the finding and— ing Service Personnel Act of 1994. tion 1060b of title 10.’’; and ‘‘(i) the time allowed for filing a petition ‘‘(j) EFFECT ON STATE LAW.—Nothing in (C) in subsection (e), by striking ‘‘section for certiorari has expired and no such peti- this section shall be construed to invalidate 555 of this title’’ and inserting ‘‘section 1060b tion has been duly filed; or limit the power of any State court or ad- of title 10’’. ‘‘(ii) the petition for certiorari has been de- ministrative entity, or the power of any (3) Section 553 of such title is amended— nied; or court or administrative entity of any politi- (A) in subsection (f), by inserting ‘‘under ‘‘(iii) the decision of the court of appeals cal subdivision thereof, to find or declare a section 1060b of title 10’’ after ‘‘When the has been affirmed by the Supreme Court. person dead for purposes of the such State or Secretary concerned’’; ‘‘(B) DELIMITING DATE.—A person referred political subdivision. (B) by striking out ‘‘the Secretary con- to in subparagraph (A) shall make a request ‘‘(k) DEFINITIONS.—In this section: cerned receives evidence’’ and inserting in referred to in that subparagraph not later ‘‘(1) The term ‘classified information’ lieu thereof ‘‘a board convened under section than 3 years after the date of the event under means any information the unauthorized dis- 1060b of title 10 reports’’; and that subparagraph that entitles the person closure of which (as determined under appli- (C) in subsection (g), by striking out ‘‘sec- to request the appointment of a board. cable law and regulations) could reasonably tion 555 of this title’’ and inserting ‘‘section ‘‘(h) PERSONS PREVIOUSLY DECLARED be expected to damage the national security. 1060b of title 10’’. DEAD.— ‘‘(2) The term ‘dependent’, in the case of a (4) Section 556 of such title is amended— ‘‘(1) REVIEW OF STATUS.— missing person, mean any individual who (A) in subsection (a)— ‘‘(A) IN GENERAL.—Not later than 2 years would, but for the status of the person, be (i) by inserting ‘‘and’’ at the end of para- after the date of the enactment of the Miss- entitled to receive the pay and allowances graph (3); ing Service Personnel Act of 1994, a person (including allotments) of the person. (ii) by striking out the semicolon at the referred to in subparagraph (B) may submit ‘‘(3) The term ‘member of the immediate end of paragraph (4) and inserting in lieu to the appropriate Secretary a request for family’, in the case of a missing person, thereof a period; and appointment by the Secretary of a board to means the spouse, adopted or natural child, (iii) by striking paragraphs (1), (5), (6), and review the status of a person previously de- parent, and sibling of the missing person. (7) and redesignating paragraphs (2), (3), and clared dead. ‘‘(4) The term ‘missing person’ means— (4) as paragraphs (1), (2), and (3), respec- ‘‘(B) AVAILABILITY.—A board shall be ap- ‘‘(A) a member of the armed forces on ac- tively; pointed under this paragraph based on the tive duty who is missing; or (B) by striking out subsection (b) and re- request of any of the following persons: ‘‘(B) a civilian employee serving with or designating subsections (c), (d), (e), (f), (g), ‘‘(i) An adult member of the immediate accompanying an armed force under orders and (h) as subsections (b), (c), (d), (e), (f), and family of a person previously declared dead. who is missing. (g), respectively; and ‘‘(ii) An adult dependent of such person. ‘‘(6) The term ‘missing status’ means the (C) in subsection (g), as so redesignated— ‘‘(iii) The primary next of kin of such per- status of a missing person who is determined (i) by striking out the second sentence; and son. to be absent in a status of— (ii) by striking ‘‘status’’ and inserting ‘‘(iv) A person previously designated by ‘‘(A) missing; ‘‘pay’’. such person. ‘‘(B) missing in action; (5) Section 557(a)(1) of such title is amend- ‘‘(C) APPROPRIATE SECRETARY.—A request ‘‘(C) interned in a foreign country; ed by striking out ‘‘, 553, and 555’’ and insert- under this paragraph shall be submitted to ‘‘(D) captured, beleaguered, or besieged by ing in lieu thereof ‘‘and 553’’. the Secretary of the department of the Fed- a hostile force; or (6) Section 559(b)(4)(B) of such title is eral Government that had jurisdiction over ‘‘(E) detained in a foreign country against amended by striking out ‘‘section 556(f)’’ and the person covered by the request at the his or her will. inserting in lieu thereof ‘‘section 556(e)’’. time of the person’s disappearance. ‘‘(6) The term ‘primary next of kin’, in the SEC. 4. SOLICITATION OF INFORMATION ON DE- ‘‘(2) APPOINTMENT OF BOARD.—Upon request case of a missing person, means— PENDENTS, FAMILY MEMBERS, AND of a person under paragraph (1), the Sec- ‘‘(A) the principal individual who, but for OTHER DESIGNATED PERSONS. retary concerned shall appoint a board to re- the status of the person, would receive finan- (a) REQUIREMENT.—Chapter 31 of title 10, view the status of the person covered by the cial support from the person; or United States Code, is amended by adding at request. ‘‘(B) in the case of a missing person for the end the following: ‘‘(3) ACTIVITIES OF BOARD.—A board ap- whom there is no individual meeting the re- pointed under paragraph (2) to review the quirement of subparagraph (A), the family ‘‘§ 520c. Enlistments: information on depend- status of a person shall— member or other individual designated by ents, family members, and other designated ‘‘(A) conduct an investigation to determine the missing person to receive death gratu- persons the status of the person; and ities. ‘‘(a) The Secretary concerned shall, upon ‘‘(B) issue a report describing the findings ‘‘(7) The term ‘previously designated per- the enlistment or commission of a person in of the board under the investigation and the son’, in the case of a missing person, means an armed force, require that the person recommendations of the board as to the sta- an individual (other than an individual who specify in writing the dependents of the per- tus of the person. is a member of the immediate family of the son, the members of the immediate family of ‘‘(4) SUBSEQUENT REVIEW.—If the Secretary missing person) designated by the missing the person, the primary next of kin of the concerned is apprised of any information person as the individual to be notified of all person, and any other individual that the which would directly lead to a determination matters relating to the status of the missing person shall designate for purposes of section of the status of a missing person, the Sec- person. 1060b of this title. The purpose of the speci- retary shall reconvene a board to consider ‘‘(8) The term ‘State’ means any State, the fication is to ensure the notification of ap- the information. District of Columbia, the Commonwealth of propriate individuals in the event that January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1279 the person is placed in missing status under men and women still unaccounted for in the MIAs. the provisions for appointment of that section. aftermath of World War II, the Korean War, counsel for the MIAs interests, the counsel’s ‘‘(b) The Secretary concerned shall, upon the Vietnam War, and subsequent military access to classified information, procedures the request of a person referred to in sub- engagements, and we hope for a means to for dealing with classified information, cen- section (a), permit the person to revise at better account for our service members in tralization of case information in the MIAs any time the individuals specified by the any future conflicts. The delegates to our personnel file, the ability to reopen hearings person under that subsection. The person 1994 annual National Convention adopted a for a period of time and effective reversal of shall make any such revision in writing.’’. resolution supporting legislation to establish the current de facto presumption of death re- (b) CONFORMING AMENDMENT.—The table of new procedures for determining the status of flexively applied in hearings mark tremen- sections at the beginning of such chapter is missing service members. We are confident dous progress. The encouragement to com- amended by adding at the end the following: that our nation’s citizens share the DAV’s bine hearings in group disappearance cases ‘‘520c. Enlistments: information on depend- concern and will also fully support any would force hearing panels to weigh the evi- ents, family members, and measures designed to improve our ability to dence in a broader context. account for our missing-in-action. other designated persons.’’. The opening up of the process to include The DAV commends you and offers its sup- the right of participation of secondary next port for your efforts. Please let us know if THE AMERICAN LEGION, of kin is a welcome recognition of the fact we can be of assistance to you in this mat- Washington, DC, January 17, 1955. that there is more than one person in each ter. Hon. ROBERT J. DOLE, family who cares about the fate of a missing Sincerely, U.S. Senate, Hart Senate Office Building, relative. Washington, DC. DONALD A. SIOSS, National Commander. We are proud to endorse this much needed DEAR SENATOR DOLE: A new calendar year piece of legislation. and the convening of a new Congress affords VIETNOW, Sincerely, all Americans a unique opportunity to renew Rockford, IL, December 23, 1994. J. THOMAS BURCH, Jr. their pledge to support all positive efforts to Senator ROBERT DOLE, Chairman. obtain the fullest possible accounting of Hart Senate Office Building, Washington, D.C. American prisoners of war and those missing ∑ Mr. LAUTENBERG. Mr. President, I DEAR SENATOR DOLE: We, as Veterans of in action from past conflicts and the Cold am pleased to again join Senator DOLE the Armed Forces of the United States of War. The American Legion is especially ap- in an effort to improve the way our America, realize the importance and the im- preciative of your personal efforts and con- government treats military service mediate need for ‘‘The Missing Service Per- cern for the plight of American POW/MIAs. sonnel Act’’, which is long over due. members and their families by reintro- Your introduction of the Dole-Lautenberg The practice of changing the classification ducing the Missing Service Personnel bill, The Missing Service Personnel Act of of those listed as Prisoner of War or Missing Act of 1995. It is perhaps fitting that 1955, is both timely and welcome. It directly In Action to Killed In Action based on the two veterans of World War II join to- and substantially supports on-going Legion presumption of death, due solely to the pas- efforts to seek information about missing gether to sponsor this legislation. Sen- sage of time, is an outrage! In the proposed ator DOLE and I collaborated in writing Americans from previous wars. ‘‘Missing Service Personnel Act’’, ‘‘conclu- Your sponsorship of this bill is especially sive proof of death’’ is required to be estab- this bill in a spirit of bipartisanship. significant since it comes at a time when lished and based upon evidence that death is We believe there is no room for politics American contacts with foreign governments the only plausible explanation for the ab- when it comes to how the Government are more interested in making lucrative sence of the missing person. treats its missing personnel. business arrangements than in obtaining a Important provisions of this legislation, Mr. President, The Missing Service full and complete accounting of missing are the inclusion of family members in the service personnel. With the lifting of the em- Personnel Act of 1995 updates existing review process, their access to information law, last written by Congress in 1942. It bargo against Vietnam early last year the gained during the investigation and a set U.S. lost its last major bargaining lever for time frame for the review process. focuses on how the U.S. Government POWs and MIAs from the war in Southeast Passage of the ‘‘Missing Service Personnel deals with military personnel and Fed- Asia. Your bill, supported by the Senate in Act’’ is vital and will restore a sense of con- eral employees who are classified as the 104th Congress will serve to provide a fidence not only to those effected by pre- ‘‘missing in action.’’ Our bill also more equitable basis for making status de- vious wars, but to those who may become makes some improvements in the way terminations on missing service personnel Prisoner Of War or listed as Missing In Ac- from wars past and conflicts yet to be the Federal Government deals with the tion as a result of future wars. families of missing persons. They suf- fought. Senator Dole, we thank you for your past Sincerely, efforts and strongly support and encourage fer when a loved one is missing and JOHN F. SOMMER, Jr., you to reintroduce the ‘‘Missing Service Per- they deserve to have their interests Executive Director. sonnel Act’’ as one of the first items to be in- protected and their needs met by their troduced before the 104th Congress. government. DISABLED AMERICAN VETERANS, Sincerely, Congressional interest in the issue is Washington, DC, January 17, 1955. RICH TEAGUE, extensive, Mr. President. When the Hon. BOB DOLE, VietNow National POW/MIA Chairman. U.S. Senate, Hart Senate Office Building, Senate Select Committee on POW/MIA Washington, DC. NATIONAL VIETNAM VETERANS Affairs—ably led by Senator KERRY and DEAR SENATOR DOLE: On behalf of the Dis- COALITION, Senator SMITH—reported its findings to abled American Veterans (DAV), I take this Washington, D.C, January 3, 1995. this body, it concluded there has been opportunity to express our appreciation for Hon. FRANK LAUTENBERG, serious U.S. Government neglect and your support last year for legislation to es- U.S. Senate, Hart Senate Office Building, mismanagement in dealing with miss- tablish procedures for determining the Washington, DC. ing servicemembers. That’s why we’re whereabouts and status of missing American Re: Missing Service Personnel Act. here today—we want to rid the govern- service members and to require the keeping DEAR SENATORS DOLE AND LAUTENBERG: of certain records on these persons. I under- The National Vietnam Veterans Coalition, a ment of neglect and mismanagement in stand that you intend to reintroduce a simi- federation of seventy-eight (78) Vietnam vet- its treatment of Americans who are lar bill in the near future, and I therefore erans organizations and veterans issue missing in action. also write to express the DAV’s full support groups, is pleased to support your efforts for Having served in World War II, both for your efforts. long overdue reform of the Missing Persons Senator DOLE and I know first-hand Your actions are a recognition of this na- Act. the tremendous sacrifice service men tion’s most important obligation to resolve The history of the law, as previously ad- questions about the fate of those missing-in- ministered, has been one of arbitrary deci- and women make when they face com- action. As a nation, we must do everything sions based on incomplete information. The bat. We know the terror soldiers face possible to account for those who have not administration of the law has produced un- when they consider the prospect of returned, those that were captured or killed told grief among the family members of the being captured. We also know the an- in the service of their country. Anything less missing in action and has angered the Viet- guish our loved ones suffer when a sol- would be an abandonment of our solemn re- nam veteran community. The rote presump- dier goes into harm’s way. sponsibilities to these courageous defenders tive findings of death have contributed sub- Over the past 25 years, the credibility and would be a concession of defeat in the stantially to the ongoing failure of the POW/ struggle to recover those who sacrificed so MIA bureaucracy to meaningfully resolve of the Department of Defense on MIA/ much for our benefit. the issue. POW issues has been seriously ques- The members of DAV are deeply concerned The bill you are introducing provides con- tioned. Without substantial reform of for the nearly 100,000 of our fellow service- siderable procedural protections to future its procedures, the American people S 1280 CONGRESSIONAL RECORD — SENATE January 20, 1995 will continue to question the credibil- penalty. I believe these practices are wrote to us with regard to the Penta- ity of DOD in future military oper- the root cause for the curtain of se- gon’s procedures . . . and I quote: ations. Americans expect Pentagon of- crecy that surrounds Government deci- I believe that the existing legislation pro- ficials to care for our soldiers and their sions. vides adequate protections and venues for families. They expect DOD officials to The lack of specified rights for fami- participation of all parties with legitimate do the right thing when a lies is another problem with existing interest. servicemember is reported missing. law. The Americans with the greatest Now Mr. President, I ask my col- There should be no curtain of secrecy. stake in Government action have the leagues: What should we expect from a There should be no perception of in- least involvement in those decisions. Pentagon review of existing legisla- competence. There should be no unfair Moreover, families have no right to ap- tion? Does anyone in this body believe treatment of families. peal. No wonder many families make the Pentagon will come forward with Our uniformed men and women serve charges of ‘‘cover-up’’ and ‘‘smoke- reform legislation? I will tell you I am proudly in the Armed Forces on behalf screen.’’ I believe we should have pro- very skeptical. of all Americans. In return for their cedures that guarantee families of This is why we are reintroducing this sacrifice, American servicemembers missing servicemembers honest, fair, bill today. I want to lay on the table a should be able to expect fairness, hon- and just treatment. proposal with real reform. I want the esty, and support from the Department Finally, Mr. President, the old law Pentagon to know that this Senator of Defense. doesn’t create the opportunity for does not believe existing procedures Unfortunately, Mr. President, when good, just decisions. Right now, offi- are adequate. And I suggest the Senate we look at recent history concerning cials assigned to conduct hearings may needs to take the lead on this critical the treatment of families of those not be qualified. Further, they may issue. missing in action, we see a troubling have no guidance about making deter- Mr. President, when we wrote this picture. No one in Congress should be minations of death. So today, what we legislation, Senator DOLE and I took a content with what has happened in the have are poor decisions: Missing per- new approach. We asked a simple ques- past. We have seen families become sons are pronounced dead . . . merely tion: How would a missing soldier want outraged by the treatment they receive with the passage of time. I believe such the U.S. Government to respond to his from the Government. We have wit- or her situation? What would a missing determinations constitute disloyalty nessed their disgust toward elected of- person want from his government? We to our service men and women. ficials. And, we have heard their calls wrote this bill from the point of view of Mr. President, when you look at the for more information, more interest, American service men and women. problems with existing law in the ag- and more action to recover their loved When we finished, we had created whol- gregate, you can see why we’ve had so ones. ly new procedures—procedures that, for many problems over the years. Fami- Today, we have an opportunity to re- the first time, are designed to serve lies are mad. Service men and women spond, to provide better treatment. I those who are missing in action. are wary. Government officials are believe the time is right to correct the This legislation accomplishes four frustrated. Senator DOLE and I wrote Pentagon’s flawed management prac- goals. First, it corrects management this bill to correct, once and for all, all tices. The cold war is over. The United deficiencies for dealing with missing these problems. States is not engaged in a major war, service members. Second, the bill safe- although we still have American men Unfortunately, Mr. President, when guards the rights of missing personnel. and women serving faithfully around the Pentagon looks at these problems Third, our legislation reestablishes a the globe. They are ready for conflict if they see a rosy picture. Over the last 5 sense of trust between the U.S. Govern- necessary. And, I suggest to my col- years, Pentagon officials have reported ment and the families of missing per- leagues that the Pentagon must be to Congress that everything is just sonnel by raising what many people ready as well. fine. They have dragged their feet in consider to be a ‘‘curtain of secrecy’’ Let’s take a look at the problems we upgrading government procedures. And surrounding Government decisions. face now. despite our efforts to reform existing And finally, Mr. President, our bill Mr. President, existing U.S. law con- law, the Pentagon has not come for- assures fundamental fairness to miss- cerning how the Government deals ward with a reform proposal. Mr. Presi- ing servicemembers by requiring time- with missing persons is over 50 years dent, there seems to be a general lack ly Government action and specifying old. That law is inadequate—it deals of will within the Pentagon to update the rights of families and the Govern- primarily with financial aspects of its management procedures regarding ment’s obligations to them. We hope missing personnel and their depend- missing persons. that families of missing persons are ents. That law is outdated—it doesn’t In Congress today, there are several treated fairly in all proceedings. address new issues that have emerged POW/MIA legislative initiative that ad- Let me discuss some of the provisions over the past 25 years. And that law is dress problems of past wars and con- we are proposing in more detail. incomplete—it doesn’t protect missing flicts. These initiatives attempt to re- First, the Act will establish new pro- servicemembers from bureaucratic in- solve problems for World War II, Korea, cedures for determining the where- action. and Vietnam. These are all worthy and abouts and status of missing persons. Perhaps most troubling is the fact should be pursued by both the Congress These procedures accelerate official ac- that existing law does not protect the and the administration. tion in order to recover the missing. rights of missing persons. Right now, However, Mr. President, we have only They may even lead to the recovery of missing persons do not have counsel in one initiative that looks to the fu- some servicemembers. Government hearings. No one rep- ture—to the wars and conflicts not yet Moreover, the new procedures will af- resents their interests. In addition, fought by Americans. In passing the ford missing persons due process well missing persons lose due process after 1 fiscal year 1995 National Defense Au- after the first year of their disappear- year. They just go into administrative thorization Act, the Senate took the ance. Our service men and women limbo. They stay there until someone first step in establishing new proce- should never believe that our Govern- says they’re dead. No wonder so many dures for the future. In that legisla- ment will abandon them if captured. families think Government decisions tion, we required the Department of This legislation guarantees that the are arbitrary and capricious. Defense to review its procedures and Government won’t write them off Another problem deals with access to recommend changes to Congress. merely with the passage of time. information. Right now, hearing offi- I remain skeptical about the Penta- The second important provision of cers can be denied information about gon’s response. I haven’t seen any en- the Act is that qualified counsel will be missing persons. In addition, hearing thusiasm to update their procedures. appointed for missing persons. This is officers can be excluded from reviewing Those in Congress who have dealt with new. Never before have missing persons classified information. And further, these problems have seen little Penta- been represented by counsel. Our serv- Government officials can willfully gon interest in reform. Indeed, last ice personnel should not have to worry withhold relevant information without year, an Assistant Secretary of Defense about their rights, even if they are January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1281 missing in action. This legislation women who have served and will serve We must never forget those who have assures that the Government does not in our Armed Forces in conflict the served, are serving, or will serve their ignore issues and evidence. It assures protection and rights they and their country. We owe it to them and their that the Government affords the miss- families deserve, and we as a country loved ones to commit ourselves to a ing in action due process of the law. owe them. full accounting of all who become miss- Third, the act will assure access to The current law which governs per- ing in action. This legislation is an im- Government information. It removes sonnel who became missing in action portant step in the direction of return- the ‘‘curtain of secrecy.’’ It makes all was written in 1942 in the midst of ing faith and trust in this important information available to hearing offi- World War II. We have now had over 50 covenant. I invite my colleagues to cers. Also, the bill carefully provides years of experience with that law and join us in cosponsoring this legislation access to classified information. And, the procedures it established to deter- and to work for its speedy enactment.∑ it makes complete personnel files mine the status of people who became available for review. These measures missing, captured, or presumed killed By Mr. DOLE (for himself, Mr. guarantee that the Government doesn’t in a conflict. The experiences of MIA’s INOUYE, Mr. THURMOND, Mr. make ill-formed decisions about the and their families during and long after WARNER, Mr. MCCAIN, and Mr. statute of missing personnel. the Vietnam war provides clear evi- CAMPBELL): The act also specifies the rights of dence that the existing law is inad- S. 257. A bill to amend the charter of the missing person’s immediate family, equate and revisions are sorely needed. the Veterans of Foreign Wars to make dependents and next of kin. It ensures American citizens in uniform and in eligible for membership those veterans that our field commanders will give civilian clothes are serving our na- that have served within the territorial families updated, accurate information tional interests in hostile places limits of South Korea; to the Commit- concerning the incident in which their around the world even as we speak tee on the Judiciary. loved one disappeared. The bill assures today. The end of the cold war has not THE VFW CHARTER LEGISLATION family participation in Government brought an end to the valid need for Mr. DOLE. Mr. President, as a life hearings. They will have access to the Americans to serve abroad and some- member of the Veterans of Foreign personnel file of the missing. They can times to be placed in harm’s way. The Wars of the United States, I am par- be represented by private counsel. legislation we introduce today is an ef- ticularly honored today to introduce They can object in writing to a board’s fort to address the legitimate concerns legislation which will amend the con- recommendations. And last, but not and needs of the men and women and gressional charter of the VFW to make least, they can appeal a Government their families who may one day find those veterans who have served in ruling. These are the basic rights of themselves missing in action because South Korea eligible for membership. families—and no one can argue with of their service to their country. Since the 1953 armistice, the 170-mile putting them into law. This legislation recognizes that a demilitarized zone [DMZ] which sepa- The last major provision of the act man who becomes missing in action rates North and South Korea has been states criteria for making just deci- does not surrender their legitimate the source of extreme and serious ten- sions about the status of missing rights as an American and that we sion. According to the VFW, 89 Ameri- servicemembers. It gives guidance to must do everything we can to deter- cans have been killed and 132 wounded officials about that factors they must mine their true status. They will not in clashes with North Korea since the consider before making a determina- break faith with America and America armistice was signed. tion of death. The bill specifically pro- must not break faith with them or Across this no-mans-land, North hibits declaring someone to be dead their families. Thus, the legislation Korea has maintained 70 percent of its merely by virtue of the passage of prevents presuming that a missing 1.2-million-man armed forces. Those time. I believe these provisions are im- service man or woman is dead simply forces are in forward deployed attack portant as an expression of Govern- because of the passage of time. It positions along the entire DMZ, only 30 ment loyalty to all persons who serve places a greater burden on the Govern- miles from the South Korean capital of in the Armed Forces. ment which commits our sons and Seoul. Mr. President, let me close by saying daughters to conflict to persist in de- Since the end of the Korean war, the that there remains a strong bipartisan termining the truth about every one of United States has pledged to the Re- consensus across America in support of those who became missing. Some may public of Korea to deter any renewal of this bill. It has been building over the argue that this burden is too great. The the conflict. To fulfill our commit- last 3 years. It started partly as a mothers and fathers, husbands and ment, we have positioned a 37,000-man grassroots initiative from New Jersey wives, sons and daughters of those who force consisting of the U.S. 8th Army, and elsewhere. And it continues to are missing will reply that this is not including the 2d Infantry Division and enjoy the support of several major vet- too great a burden to bear for those the Air Force’s 314th Air Division. The erans organizations across the United who have answered the call of their record and performance of our military States. country. men and women during the past four Mr. President, the good intentions of I hope and expect that this legisla- decades in meeting that commitment, many Americans, who truly care about tion will be given a thorough and fair and in spite of constant danger, has the welfare of the men and women in examination both in committee and been exemplary. the Armed Services, have been com- when it comes to the floor for passage. I wish to commend the leadership of bined into this initiative. They believe It is already supported by many veter- this great veterans service organiza- it is the right thing to do. ans groups and organizations of fami- tion, the Veterans of Foreign Wars, for I urge my colleagues to join Senator lies of the missing in action from the their recognition of those members of DOLE and me in supporting this reform Vietnam war. Those in the Department our Armed Forces who have served in legislation when it is considered by the of Defense who will have to implement Korea since 1949. I am honored to intro- Senate.∑ this legislation should provide us their duce this legislation and provide my ∑ Mr. LIEBERMAN. Mr. President, I counsel on ways to improve it and to full support for its consideration and am pleased to be an original cosponsor make it more effective. We welcome quick passage by my colleagues. to the Missing Service Personnel Act of such constructive efforts. But let there Mr. President, I ask unanimous con- 1995 as I was when this legislation was be no mistake about out intentions or sent that the text of the bill be printed first introduced in the 103d Congress. I goals—the clock cannot be turned in the RECORD. commend the distinguished majority back. We cannot just tinker at the There being no objection, the bill was leader for his leadership on this issue margins with policies and procedures ordered to be printed in the RECORD, as and am proud to join him, Senator which have failed in the past to live up follows: SIMPSON, and Senator LAUTENBERG in to the covenant which must exist be- S. 257 this important effort. This legislation tween the Government and those it Be it enacted by the Senate and House of Rep- is long overdue and is an important sends off to defend its national inter- resentatives of the United States of America in step toward providing the men and est. Congress assembled, That section 5 of the Act S 1282 CONGRESSIONAL RECORD — SENATE January 20, 1995 of May 28, 1936 (36 U.S.C. 115), is amended to between the Federal Government and February 29, 1996, and March 1, 1996, through read as follows: State, local, and tribal governments; to February 28, 1997, to be paid from the Appro- ‘‘SEC. 5. A person may not be a member of end the imposition, in the absence of priations account for ‘‘Expenses of Inquiries the corporation created by this Act unless full consideration by Congress, of Fed- and Investigations’’. that person— f ‘‘(1) served honorably as a member of the eral mandates on State, local, and trib- al governments without adequate fund- Armed Forces of the United States in a for- SENATE RESOLUTION 66—TO PRE- eign war, insurrection, or expedition, which ing, in a manner that may displace service has been recognized as campaign- other essential governmental prior- VENT THE ADOPTION OF CER- medal service and is governed by the author- ities; and to ensure that the Federal TAIN NATIONAL HISTORY ization of the award of a campaign badge by Government pays the costs incurred by STANDARDS the Government of the United States; or those governments in complying with Mr. PRESSLER (for Mr. GORTON, for ‘‘(2) while a member of the Armed Forces certain requirements under Federal himself, Mr. LIEBERMAN, Mr. GRAMM, of the United States, served honorably on the Korean peninsula or in its territorial wa- statutes and regulations; and for other and Mr. BYRD) submitted the following ters for not less that 30 consecutive days, or purposes. resolution; which was considered and a total of 60 days, after June 30, 1949.’’ f agreed to: f S. RES. 66 SENATE RESOLUTION 65—ORIGI- ADDITIONAL COSPONSORS NAL RESOLUTION REPORTED AU- Resolved, That it is the sense of the Senate that—(a) the National Education Goals THORIZING EXPENDITURES BY S. 12 Panel should disapprove, and the National THE COMMITTEE ON ARMED At the request of Mr. BREAUX, the Education Standards and Improvement SERVICES name of the Senator from Louisiana Council should not certify, any voluntary [Mr. JOHNSTON] was added as a cospon- Mr. THURMOND, from the Commit- national content standards, voluntary na- sor of S. 12, a bill to amend the Inter- tee on Armed Services, reported the tional student performance standards, or cri- following original resolution, which teria for the certification of such content nal Revenue Code of 1986 to encourage and student performance standards, on the savings and investment through indi- was referred to the Committee on subject of world and United States history, vidual retirement accounts, and for Rules and Administration: developed prior to February 1, 1995; other purposes. S. RES. 65 (b) voluntary national content standards, S. 32 Resolved, That, in carrying out its powers, voluntary national student performance At the request of Mr. BREAUX, the duties, and functions under the Standing standards, and criteria for the certification name of the Senator from Mississippi Rules of the Senate, in accordance with its of such content and student performance jurisdiction under rule XXV of such rules, in- standards, on the subject of world and Unit- [Mr. LOTT] was added as a cosponsor of cluding holding hearings, reporting such ed States history, established under title II S. 32, a bill to amend the Internal Rev- hearings, and making investigations as au- of the Goals 2000: Educate America Act enue Code of 1986 to provide a tax cred- thorized by paragraphs 1 and 8 of rule XXVI should not be based on standards developed it for the production of oil and gas of the Standing Rules of the Senate, the primarily by the National Center for History from existing marginal oil and gas Committee on Armed Services is authorized in the Schools prior to February 1, 1995; and wells and from new oil and gas wells. from March 1, 1995, through February 29, (c) if the Department of Education, the Na- 1996, and March 1, 1996, through February 28, tional Endowment for the Humanities, or S. 33 1997, in its discretion (1) to make expendi- any other Federal agency provides funds for At the request of Mr. BREAUX, the tures from the contingent fund of the the development of the standards and cri- name of the Senator from Mississippi Senate, (2) to employ personnel; and (3) with teria described in paragraph (b), the recipi- [Mr. LOTT] was added as a cosponsor of the prior consent of the Government depart- ent of such funds should have a decent re- S. 33, a bill to amend the Oil Pollution ment or agency concerned and the Commit- spect for the contributions of western civili- Act of 1990 to clarify the financial re- tee on Rules and Administration, to use on a zation, and United States history, ideas, and sponsibility requirements for offshore reimbursable or non-reimbursable basis the institutions, to the increase of freedom and facilities. services of personnel of any such department prosperity around the world. or agency. S. 159 f SEC. 2. The expenses of the committee for At the request of Mr. BREAUX, the the period March 1, 1995, through February SENATE RESOLUTION 67—RELAT- name of the Senator from Louisiana 29, 1996, under this resolution shall not ex- ING TO REPRODUCTIVE HEALTH [Mr. JOHNSTON] was added as a cospon- ceed $2,948,079. CLINICS sor of S. 159, a bill to amend the Inter- (b) For the period March 1, 1996, through nal Revenue Code of 1986 to allow a de- February 28, 1997, expenses of the committee Mr. PRESSLER (for Mrs. BOXER, for duction for contributions to individual under this resolution shall not exceed herself, Mrs. MURRAY, Mr. FEINGOLD, $3,015,532. investment accounts, and for other Mr. KENNEDY, Mr. CAMPBELL, Mr. SEC. 3. The Committee shall report its SIMON, Mr. LAUTENBERG, Mr. DODD, Mr. purposes. findings, together with such recommenda- S. 234 tions for legislation as it deems advisable, to BAUCUS, Mr. LEVIN, Mr. LIEBERMAN, At the request of Mr. CAMPBELL, the the Senate at the earliest practicable date, Ms. MOSELEY-BRAUN, Mr. HARKIN, Mr. name of the Senator from Maine [Mr. but not later than February 29, 1996, and PELL, Mr. INOUYE, Ms. MIKULSKI, Mrs. COHEN] was added as a cosponsor of S. February 28, 1997, respectively. FEINSTEIN, Mr. REID, Mr. WELLSTONE, 234, a bill to amend title 23, United SEC. 4. Expenses of the committee under Mr. ROBB, Mr. KOHL, Mr. BRYAN, and this resolution shall be paid from the contin- Mr. KERRY) submitted the following States Code, to exempt a State from gent fund of the Senate upon vouchers ap- certain penalties for failing to meet re- resolution; which was considered and proved by the chairman of the committee, agreed to: quirements relating to motorcycle hel- except that vouchers shall not be required (1) met laws if the State has in effect a for the disbursement of salaries of employees S. RES. 67 motorcycle safety program, and to paid at an annual rate, or (2) for the pay- SENSE OF THE SENATE CONCERNING PROTEC- delay the effective date of certain pen- ment of telecommunications provided by the TION OF REPRODUCTIVE HEALTH alties for States that fail to meet cer- Office of the Sergeant at Arms and Door- CLINICS. tain requirements for motorcycle safe- keeper, United States Senate, or (3) for the Whereas there are approximately 900 clin- payment of stationery supplies purchased ics in the United States providing reproduc- ty laws, and for other purposes. through the Keeper of the Stationery, United tive health services; AMENDMENT NO. 179 States Senate, or (4) for payments to the Whereas violence directed at persons seek- At the request of Mr. DORGAN the Postmaster, United States Senate, or (5) for ing to provide reproductive health services names of the Senator from Connecticut the payment of metered charges on copying continues to increase in the United States, [Mr. DODD] and the Senator from Iowa equipment provided by the Office of the Ser- as demonstrated by the recent shootings at [Mr. HARKIN] were added as cosponsors geant at Arms and Doorkeeper, United two reproductive health clinics in Massachu- of amendment No. 179 intended to be States Senate, or (6) for the payment of Sen- setts and another health care clinic in Vir- ate Recording and Photographic Services. ginia; proposed to S. 1, a bill to curb the prac- SEC. 5. There are authorized such sums as Whereas organizations monitoring clinic tice of imposing unfunded Federal may be necessary for agency contributions violence have recorded over 130 incidents of mandates on States and local govern- related to the compensation of employees of violence or harassment directed at reproduc- ments; to strengthen the partnership the committee from March 1, 1995, through tive health care clinics and their personnel January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1283 in 1994 such as death threats, stalking, chem- ing at all levels and to end the practice of TITLE VI—PAYMENTS FOR STATE ical attacks, bombings and arson; shifting costs from one level of government HEALTH CARE FRAUD CONTROL UNITS Whereas there has been one attempted to another with little or no benefit to tax- murder in Florida and four individuals killed payers. Sec. 601. Establishment of State fraud units. at reproductive health care clinics in Florida f Sec. 602. Requirements for State fraud units. and Massachusetts in 1994; Sec. 603. Scope and purpose. Whereas the Congress passed and the Presi- ADDITIONAL STATEMENTS dent signed the Freedom of Access to Clinic Sec. 604. Payments to States. Entrances Act of 1994, a law establishing TITLE I—ALL-PAYER FRAUD AND ABUSE Federal criminal penalties and civil remedies HEALTH CARE FRAUD CONTROL PROGRAM for certain violent, threatening, obstructive PREVENTION and destructive conduct that is intended to SEC. 101. ALL-PAYER FRAUD AND ABUSE CON- injure, intimidate or interfere with persons ∑ Mr. COHEN. Mr. President, yesterday TROL PROGRAM. seeking to obtain or provide reproductive I introduced S. 245, the Health Care (a) ESTABLISHMENT OF PROGRAM.— health services; Fraud Prevention Act of 1995. It was in- (1) IN GENERAL.—Not later than January 1, Whereas violence is not a mode of free advertently not printed in the RECORD 1996, the Secretary of Health and Human speech and should not be condoned as a at the conclusion of my remarks. I Services (in this title referred to as the method of expressing an opinion; and therefore ask that a copy of the bill be ‘‘Secretary’’), acting through the Office of Whereas the President has instructed the the Inspector General of the Department of Attorney General to order— printed in today’s RECORD. The bill follows: Health and Human Services, and the Attor- (1) the United States Attorneys to create ney General shall establish a program— tasks forces of Federal, State and local law S. 245 (A) to coordinate Federal, State, and local enforcement officials and develop plans to Be it enacted by the Senate and House of Rep- law enforcement programs to control fraud address security for reproductive health care resentatives of the United States of America in and abuse with respect to the delivery of and clinics located within their jurisdictions; Congress assembled, payment for health care in the United and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. States, (2) the United States Marshals Service to (a) SHORT TITLE.—This Act may be cited as (B) to conduct investigations, audits, eval- ensure coordination between clinics and Fed- the ‘‘Health Care Fraud Prevention Act of uations, and inspections relating to the de- eral, State and local law enforcement offi- 1995’’. livery of and payment for health care in the cials regarding potential threats of violence. (b) TABLE OF CONTENTS.—The table of con- United States, Resolved, it is the sense of the Senate.— tents of this Act is as follows: (C) to facilitate the enforcement of the That the United States Attorney General Sec. 1. Short title; table of contents. provisions of sections 1128, 1128A, and 1128B should fully enforce the law and protect per- of the Social Security Act and other statutes sons seeking to provide or obtain, or assist TITLE I—ALL-PAYER FRAUD AND ABUSE applicable to health care fraud and abuse, in providing or obtaining, reproductive CONTROL PROGRAM and health services from violent attack. Sec. 101. All-payer fraud and abuse control (D) to provide for the modification and es- SEC. 2.—Nothing in this resolution shall be program. tablishment of safe harbors and to issue in- construed to prohibit any expressive conduct Sec. 102. Application of certain Federal terpretative rulings and special fraud alerts (including peaceful picketing or other peace- health anti-fraud and abuse pursuant to section 103. ful demonstration) protected from legal pro- sanctions to fraud and abuse (2) COORDINATION WITH HEALTH PLANS.—In hibition by the first amendment to the Con- against any health plan. carrying out the program established under stitution. Sec. 103. Health care fraud and abuse guid- ance. paragraph (1), the Secretary and the Attor- f Sec. 104. Reporting of fraudulent actions ney General shall consult with, and arrange under medicare. SENATE RESOLUTION 68—REL- for the sharing of data with representatives of health plans. ATIVE TO LOCAL GOVERNMENTS TITLE II—REVISIONS TO CURRENT SANCTIONS FOR FRAUD AND ABUSE (3) REGULATIONS.— Mr. PRESSLER (for Mr. BRADLEY, Sec. 201. Mandatory exclusion from partici- (A) IN GENERAL.—The Secretary and the for himself, Mr. CHAFEE, Mr. DORGAN, pation in medicare and State Attorney General shall by regulation estab- Mr. SIMPSON, Mr. ROBB, Mr. DOLE, Mr. health care programs. lish standards to carry out the program under paragraph (1). NICKLES, Mr. LAUTENBERG, Mr. Sec. 202. Establishment of minimum period of exclusion for certain individ- (B) INFORMATION STANDARDS.— KEMPTHORNE, and Mr. WELLSTONE) sub- uals and entities subject to per- (i) IN GENERAL.—Such standards shall in- mitted the following resolution; which missive exclusion from medi- clude standards relating to the furnishing of was considered and agreed to: care and State health care pro- information by health plans, providers, and S. RES. 68 grams. others to enable the Secretary and the At- IMPACT ON LOCAL GOVERNMENTS. Sec. 203. Permissive exclusion of individuals torney General to carry out the program (in- Whereas the Congress should be concerned with ownership or control in- cluding coordination with health plans under about shifting costs from Federal to State terest in sanctioned entities. paragraph (2)). and local authorities and should be equally Sec. 204. Sanctions against practitioners and (ii) CONFIDENTIALITY.—Such standards concerned about the growing tendency of persons for failure to comply shall include procedures to assure that such States to shift costs to local governments; with statutory obligations. information is provided and utilized in a Whereas cost shifting from States to local Sec. 205. Intermediate sanctions for medi- manner that appropriately protects the con- governments has, in many instances, forced care health maintenance orga- fidentiality of the information and the pri- local governments to raise property taxes or nizations. vacy of individuals receiving health care Sec. 206. Effective date. curtail sometimes essential services; and services and items. Whereas increases in local property taxes TITLE III—ADMINISTRATIVE AND (iii) QUALIFIED IMMUNITY FOR PROVIDING IN- and cuts in essential services threaten the MISCELLANEOUS PROVISIONS FORMATION.—The provisions of section 1157(a) ability of many citizens to attain and main- Sec. 301. Establishment of the health care of the Social Security Act (relating to limi- tain the American dream of owning a home fraud and abuse data collection tation on liability) shall apply to a person in safe, secure community: Now, therefore, program. providing information to the Secretary or be it TITLE IV—CIVIL MONETARY PENALTIES the Attorney General in conjunction with Resolved, That it is the sense of the Senate Sec. 401. Civil monetary penalties. their performance of duties under this sec- that— TITLE V—AMENDMENTS TO CRIMINAL tion. (1) the Federal Government should not LAW (C) DISCLOSURE OF OWNERSHIP INFORMA- shift certain costs to the State, and States TION.— Sec. 501. Health care fraud. should end the practice of shifting costs to (i) IN GENERAL.—Such standards shall in- Sec. 502. Forfeitures for Federal health care local governments, which forces many local clude standards relating to the disclosure of offenses. governments to increase property taxes; ownership information described in clause Sec. 503. Injunctive relief relating to Fed- (2) States should end the imposition, in the (ii) by any entity providing health care serv- eral health care offenses. absence of full consideration by their legisla- Sec. 504. Grand jury disclosure. ices and items. tures, of State issued mandates on local gov- Sec. 505. False Statements. (ii) OWNERSHIP INFORMATION DESCRIBED.— ernments without adequate State funding, in Sec. 506. Voluntary disclosure program. The ownership information described in this a manner that may displace other essential Sec. 507. Obstruction of criminal investiga- clause includes— government priorities; and tions of Federal health care of- (I) a description of such items and services (3) one primary objective of this Act and fenses. provided by such entity; other efforts to change the relationship Sec. 508. Theft or embezzlement. (II) the names and unique physician identi- among Federal, State, and local govern- Sec. 509. Laundering of monetary instru- fication numbers of all physicians with a fi- ments should be to reduce taxes and spend- ments. nancial relationship (as defined in section S 1284 CONGRESSIONAL RECORD — SENATE January 20, 1995 1877(a)(2) of the Social Security Act) with (I) Criminal fines imposed in cases involv- (i) by inserting after ‘‘title XIX’’ the fol- such entity; ing a Federal health care offense (as defined lowing: ‘‘or a health plan’’, and (III) the names of all other individuals in section 982(a)(6)(B) of title 18, United (ii) by inserting after ‘‘the State’’ the fol- with such an ownership or investment inter- States Code). lowing: ‘‘or the plan’’. est in such entity; and (ii) Administrative penalties and assess- (2) IDENTIFICATION OF COMMUNITY SERVICE (IV) any other ownership and related infor- ments imposed under titles XI, XVIII, and OPPORTUNITIES.—Section 1128B of such Act mation required to be disclosed by such en- XIX of the Social Security Act (except as (42 U.S.C. 1320a–7b) is further amended by tity under section 1124 or section 1124A of the otherwise provided by law). adding at the end the following new sub- Social Security Act, except that the Sec- (iii) Amounts resulting from the forfeiture section: retary shall establish procedures under of property by reason of a Federal health ‘‘(f) The Secretary may— which the information required to be submit- care offense. ‘‘(1) in consultation with State and local ted under this subclause will be reduced with (iv) Penalties and damages imposed under health care officials, identify opportunities respect to health care provider entities that the False Claims Act (31 U.S.C. 3729 et seq.), for the satisfaction of community service ob- the Secretary determines will be unduly bur- in cases involving claims related to the pro- ligations that a court may impose upon the dened if such entities are required to comply vision of health care items and services conviction of an offense under this section, fully with this subclause. (other than funds awarded to a relator or for and (4) AUTHORIZATION OF APPROPRIATIONS FOR restitution). ‘‘(2) make information concerning such op- INVESTIGATORS AND OTHER PERSONNEL.—In (2) USE OF FUNDS.— addition to any other amounts authorized to (A) IN GENERAL.—Amounts in the Anti- portunities available to Federal and State be appropriated to the Secretary, the Attor- Fraud Account shall be available to carry law enforcement officers and State and local ney General, the Director of the Federal Bu- out the health care fraud and abuse control health care officials.’’. reau of Investigation, and the Inspectors program established under subsection (a) (in- (b) HEALTH PLAN DEFINED.—Section 1128 of General of the Departments of Defense, cluding the administration of the program), the Social Security Act (42 U.S.C. 1320a–7) is Labor, and Veterans Affairs and of the Office and may be used to cover costs incurred in amended by redesignating subsection (i) as of Personnel Management, for health care operating the program, including costs (in- subsection (j) and by inserting after sub- anti-fraud and abuse activities for a fiscal cluding equipment, salaries and benefits, and section (h) the following new subsection: year, there are authorized to be appropriated travel and training) of— ‘‘(i) HEALTH PLAN DEFINED.—For purposes additional amounts, from the Health Care (i) prosecuting health care matters of sections 1128A and 1128B, the term ‘health Fraud and Abuse Account described in sub- (through criminal, civil, and administrative plan’ means a plan that provides health ben- section (b) of this section, as may be nec- proceedings); efits, whether through directly, through in- essary to enable the Secretary, the Attorney (ii) investigations; surance, or otherwise, and includes a policy General, and such Inspectors General to con- (iii) financial and performance audits of of health insurance, a contract of a service duct investigations and audits of allegations health care programs and operations; benefit organization, or a membership agree- of health care fraud and abuse and otherwise (iv) inspections and other evaluations; and ment with a health maintenance organiza- carry out the program established under (v) provider and consumer education re- tion or other prepaid health plan, and also paragraph (1) in a fiscal year. garding compliance with the provisions of includes an employee welfare benefit plan or (5) ENSURING ACCESS TO DOCUMENTATION.— this title. a multiple employer welfare plan (as such The Inspector General of the Department of (B) FUNDS USED TO SUPPLEMENT AGENCY AP- terms are defined in section 3 of the Em- Health and Human Services is authorized to PROPRIATIONS.—It is intended that disburse- ployee Retirement Income Security Act of exercise the authority described in para- ments made from the Anti-Fraud Account to 1974).’’. graphs (4) and (5) of section 6 of the Inspector any Federal agency be used to increase and (c) EFFECTIVE DATE.—The amendments General Act of 1978 (relating to subpoenas not supplant the recipient agency’s appro- made by this section shall take effect on and administration of oaths) with respect to priated operating budget. January 1, 1996. the activities under the all-payer fraud and (3) ANNUAL REPORT.—The Secretary and the Attorney General shall submit jointly an SEC. 103. HEALTH CARE FRAUD AND ABUSE abuse control program established under this GUIDANCE. subsection to the same extent as such In- annual report to Congress on the amount of (a) SOLICITATION AND PUBLICATION OF MODI- spector General may exercise such authori- revenue which is generated and disbursed by FICATIONS TO EXISTING SAFE HARBORS AND ties to perform the functions assigned by the Anti-Fraud Account in each fiscal year. NEW SAFE HARBORS.— such Act. (4) USE OF FUNDS BY INSPECTOR GENERAL.— (A) REIMBURSEMENTS FOR INVESTIGA- (1) IN GENERAL.— (6) AUTHORITY OF INSPECTOR GENERAL.— (A) SOLICITATION OF PROPOSALS FOR SAFE Nothing in this Act shall be construed to di- TIONS.—The Inspector General is authorized HARBORS.—Not later than January 1, 1996, minish the authority of any Inspector Gen- to receive and retain for current use reim- bursement for the costs of conducting inves- and not less than annually thereafter, the eral, including such authority as provided in tigations, when such restitution is ordered the Inspector General Act of 1978. Secretary shall publish a notice in the Fed- by a court, voluntarily agreed to by the eral Register soliciting proposals, which will (7) HEALTH PLAN DEFINED.—For the pur- payer, or otherwise. poses of this subsection, the term ‘‘health be accepted during a 60-day period, for— (B) CREDITING.—Funds received by the In- plan’’ shall have the meaning given such (i) modifications to existing safe harbors spector General or the Inspectors General of term in section 1128(i) of the Social Security issued pursuant to section 14(a) of the Medi- the Departments of Defense, Labor, and Vet- Act. care and Medicaid Patient and Program Pro- erans Affairs and of the Office of Personnel (b) HEALTH CARE FRAUD AND ABUSE CON- tection Act of 1987 (42 U.S.C. 1320a–7b note); Management, as reimbursement for costs of TROL ACCOUNT.— (ii) additional safe harbors specifying pay- conducting investigations shall be deposited (1) ESTABLISHMENT.— ment practices that shall not be treated as a to the credit of the appropriation from which criminal offense under section 1128B(b) of the (A) IN GENERAL.—There is hereby estab- initially paid, or to appropriations for simi- lished an account to be known as the Social Security Act the (42 U.S.C. 1320a– lar purposes currently available at the time 7b(b)) and shall not serve as the basis for an ‘‘Health Care Fraud and Abuse Control Ac- of deposit, and shall remain available for ob- count’’ (in this section referred to as the exclusion under section 1128(b)(7) of such Act ligation for 1 year from the date of their de- (42 U.S.C. 1320a–7(b)(7)); ‘‘Anti-Fraud Account’’). The Anti-Fraud Ac- posit. count shall consist of— (iii) interpretive rulings to be issued pursu- SEC. 102. APPLICATION OF CERTAIN FEDERAL ant to subsection (b); and (i) such gifts and bequests as may be made HEALTH ANTI-FRAUD AND ABUSE as provided in subparagraph (B); SANCTIONS TO FRAUD AND ABUSE (iv) special fraud alerts to be issued pursu- (ii) such amounts as may be deposited in AGAINST ANY HEALTH PLAN. ant to subsection (c). the Anti-Fraud Account as provided in sub- (a) CRIMES.— (B) PUBLICATION OF PROPOSED MODIFICA- section (a)(4), sections 5441(b) and 5442(b), (1) SOCIAL SECURITY ACT.—Section 1128B of TIONS AND PROPOSED ADDITIONAL STATE HAR- and title XI of the Social Security Act; and the Social Security Act (42 U.S.C. 1320a–7b) BORS.—After considering the proposals de- (iii) such amounts as are transferred to the is amended as follows: scribed in clauses (i) and (ii) of subparagraph Anti-Fraud Account under subparagraph (C). (A) In the heading, by adding at the end (A), the Secretary, in consultation with the (B) AUTHORIZATION TO ACCEPT GIFTS.—The the following: ‘‘OR HEALTH PLANS’’. Attorney General, shall publish in the Fed- Anti-Fraud Account is authorized to accept (B) In subsection (a)(1)— eral Register proposed modifications to ex- on behalf of the United States money gifts (i) by striking ‘‘title XVIII or’’ and insert- isting safe harbors and proposed additional and bequests made unconditionally to the ing ‘‘title XVIII,’’, and safe harbors, if appropriate, with a 60-day Anti-Fraud Account, for the benefit of the (ii) by adding at the end the following: ‘‘or comment period. After considering any pub- Anti-Fraud Account or any activity financed a health plan (as defined in section 1128(i)),’’. lic comments received during this period, through the Anti-Fraud Account. (C) In subsection (a)(5), by striking ‘‘title the Secretary shall issue final rules modify- (C) TRANSFER OF AMOUNTS.— XVIII or a State health care program’’ and ing the existing safe harbors and establish- (i) IN GENERAL.—The Secretary of the inserting ‘‘title XVIII, a State health care ing new safe harbors, as appropriate. Treasury shall transfer to the Anti-Fraud program, or a health plan’’. (C) REPORT.—The Inspector General of the Account an amount equal to the sum of the (D) In the second sentence of subsection Department of Health and Human Services following: (a)— (hereafter in this section referred to as the January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1285

‘‘Inspector General’’) shall, in an annual re- (ii) whether the subject of the requested in- (A) in the heading, by striking ‘‘CONVIC- port to Congress or as part of the year-end terpretive ruling can be adequately ad- TION’’ and inserting ‘‘MISDEMEANOR CONVIC- semiannual report required by section 5 of dressed by interpretation of the language of TION’’; and the Inspector General Act of 1978 (5 U.S.C. the statute, the existing safe harbor rules, or (B) by striking ‘‘criminal offense’’ and in- App.), describe the proposals received under previous interpretive rulings, or whether the serting ‘‘criminal offense consisting of a mis- clauses (i) and (ii) of subparagraph (A) and request would require a substantive ruling demeanor’’. explain which proposals were included in the not authorized under this subsection. (b) INDIVIDUAL CONVICTED OF FELONY RE- publication described in subparagraph (B), (B) NO RULINGS ON FACTUAL ISSUES.—The LATING TO CONTROLLED SUBSTANCE.— which proposals were not included in that Inspector General shall not give an interpre- (1) IN GENERAL.—Section 1128(a) of the So- publication, and the reasons for the rejection tive ruling on any factual issue, including cial Security Act (42 U.S.C. 1320a–7(a)), as of the proposals that were not included. the intent of the parties or the fair market amended by subsection (a), is amended by (2) CRITERIA FOR MODIFYING AND ESTABLISH- value of particular leased space or equip- adding at the end the following new para- ING SAFE HARBORS.—In modifying and estab- ment. graph: lishing safe harbors under paragraph (1)(B), (c) SPECIAL FRAUD ALERTS.— ‘‘(4) FELONY CONVICTION RELATING TO CON- the Secretary may consider the extent to (1) IN GENERAL.— TROLLED SUBSTANCE.—Any individual or en- which providing a safe harbor for the speci- (A) REQUEST FOR SPECIAL FRAUD ALERTS.— tity that has been convicted after the date of fied payment practice may result in any of Any person may present, at any time, a re- the enactment of the Health Care Fraud Pre- the following: quest to the Inspector General for a notice vention Act of 1995, under Federal or State (A) An increase or decrease in access to which informs the public of practices which law, of a criminal offense consisting of a fel- health care services. the Inspector General considers to be suspect ony relating to the unlawful manufacture, (B) An increase or decrease in the quality or of particular concern under section distribution, prescription, or dispensing of a of health care services. 1128B(b) of the Social Security Act (42 U.S.C. controlled substance.’’. (C) An increase or decrease in patient free- 1320a–7b(b)) (hereafter in this subsection re- (2) CONFORMING AMENDMENT.—Section dom of choice among health care providers. ferred to as a ‘‘special fraud alert’’). 1128(b)(3) of such Act (42 U.S.C. 1320a–7(b)(3)) (D) An increase or decrease in competition (B) ISSUANCE AND PUBLICATION OF SPECIAL is amended— among health care providers. FRAUD ALERTS.—Upon receipt of a request de- (E) An increase or decrease in the ability scribed in subparagraph (A), the Inspector (A) in the heading, by striking ‘‘CONVIC- of health care facilities to provide services in General shall investigate the subject matter TION’’ and inserting ‘‘MISDEMEANOR CONVIC- medically underserved areas or to medically of the request to determine whether a special TION’’; and underserved populations. fraud alert should be issued. If appropriate, (B) by striking ‘‘criminal offense’’ and in- (F) An increase or decrease in the cost to the Inspector General shall in consultation serting ‘‘criminal offense consisting of a mis- Government health care programs. with the Attorney General, issue a special demeanor’’. (G) An increase or decrease in the poten- fraud alert in response to the request. All SEC. 202. ESTABLISHMENT OF MINIMUM PERIOD tial overutilization of health care services. special fraud alerts issued pursuant to this OF EXCLUSION FOR CERTAIN INDI- (H) The existence or nonexistence of any subparagraph shall be published in the Fed- VIDUALS AND ENTITIES SUBJECT TO potential financial benefit to a health care eral Register. PERMISSIVE EXCLUSION FROM MED- professional or provider which may vary (2) CRITERIA FOR SPECIAL FRAUD ALERTS.— ICARE AND STATE HEALTH CARE based on their decisions of— In determining whether to issue a special PROGRAMS. (i) whether to order a health care item or fraud alert upon a request described in para- Section 1128(c)(3) of the Social Security service; or graph (1), the Inspector General may con- Act (42 U.S.C. 1320a–7(c)(3)) is amended by (ii) whether to arrange for a referral of sider— adding at the end the following new subpara- health care items or services to a particular (A) whether and to what extent the prac- graphs: practitioner or provider. tices that would be identified in the special ‘‘(D) In the case of an exclusion of an indi- (I) Any other factors the Secretary deems fraud alert may result in any of the con- vidual or entity under paragraph (1), (2), or appropriate in the interest of preventing sequences described in subsection (a)(2); and (3) of subsection (b), the period of the exclu- fraud and abuse in Government health care (B) the volume and frequency of the con- sion shall be 3 years, unless the Secretary programs. duct that would be identified in the special determines in accordance with published reg- (b) INTERPRETIVE RULINGS.— fraud alert. ulations that a shorter period is appropriate (1) IN GENERAL.— SEC. 104. REPORTING OF FRAUDULENT ACTIONS because of mitigating circumstances or that (A) REQUEST FOR INTERPRETIVE RULING.— UNDER MEDICARE. a longer period is appropriate because of ag- Any person may present, at any time, a re- Not later than 1 year after the date of the gravating circumstances. quest to the Inspector General for a state- enactment of this Act, the Secretary shall ‘‘(E) In the case of an exclusion of an indi- ment of the Inspector General’s current in- establish a program through which individ- vidual or entity under subsection (b)(4) or terpretation of the meaning of a specific as- uals entitled to benefits under the medicare (b)(5), the period of the exclusion shall not be pect of the application of sections 1128A and program may report to the Secretary on a less than the period during which the indi- 1128B of the Social Security Act (hereafter in confidential basis (at the individual’s re- vidual’s or entity’s license to provide health this section referred to as an ‘‘interpretive quest) instances of suspected fraudulent ac- care is revoked, suspended, or surrendered, ruling’’). tions arising under the program by providers or the individual or the entity is excluded or (B) ISSUANCE AND EFFECT OF INTERPRETIVE of items and services under the program. suspended from a Federal or State health RULING.— TITLE II—REVISIONS TO CURRENT care program. (i) IN GENERAL.—If appropriate, the Inspec- SANCTIONS FOR FRAUD AND ABUSE ‘‘(F) In the case of an exclusion of an indi- vidual or entity under subsection (b)(6)(B), tor General shall in consultation with the SEC. 201. MANDATORY EXCLUSION FROM PAR- Attorney General, issue an interpretive rul- TICIPATION IN MEDICARE AND the period of the exclusion shall be not less ing in response to a request described in sub- STATE HEALTH CARE PROGRAMS. than 1 year.’’. paragraph (A). Interpretive rulings shall not (a) INDIVIDUAL CONVICTED OF FELONY RE- SEC. 203. PERMISSIVE EXCLUSION OF INDIVID- have the force of law and shall be treated as LATING TO FRAUD.— UALS WITH OWNERSHIP OR CON- an interpretive rule within the meaning of (1) IN GENERAL.—Section 1128(a) of the So- TROL INTEREST IN SANCTIONED EN- section 553(b) of title 5, United States Code. cial Security Act (42 U.S.C. 1320a–7(a)) is TITIES. All interpretive rulings issued pursuant to amended by adding at the end the following Section 1128(b) of the Social Security Act this provision shall be published in the Fed- new paragraph: (42 U.S.C. 1320a–7(b)) is amended by adding at eral Register or otherwise made available for ‘‘(3) FELONY CONVICTION RELATING TO the end the following new paragraph: public inspection. FRAUD.—Any individual or entity that has ‘‘(15) INDIVIDUALS CONTROLLING A SANC- (ii) REASONS FOR DENIAL.—If the Inspector been convicted after the date of the enact- TIONED ENTITY.—Any individual who has a di- General does not issue an interpretive ruling ment of the Health Care Fraud Prevention rect or indirect ownership or control interest in response to a request described in sub- Act of 1995, under Federal or State law, in of 5 percent or more, or an ownership or con- paragraph (A), the Inspector General shall connection with the delivery of a health care trol interest (as defined in section 1124(a)(3)) notify the requesting party of such decision item or service or with respect to any act or in, or who is an officer, director, agent, or and shall identify the reasons for such deci- omission in a program (other than those spe- managing employee (as defined in section sion. cifically described in paragraph (1)) operated 1126(b)) of, an entity— (2) CRITERIA FOR INTERPRETIVE RULINGS.— by or financed in whole or in part by any ‘‘(A) that has been convicted of any offense (A) IN GENERAL.—In determining whether Federal, State, or local government agency, described in subsection (a) or in paragraph to issue an interpretive ruling under para- of a criminal offense consisting of a felony (1), (2), or (3) of this subsection; graph (1)(B), the Inspector General may con- relating to fraud, theft, embezzlement, ‘‘(B) against which a civil monetary pen- sider— breach of fiduciary responsibility, or other alty has been assessed under section 1128A; (i) whether and to what extent the request financial misconduct.’’. or identifies an ambiguity within the language (2) CONFORMING AMENDMENT.—Section ‘‘(C) that has been excluded from participa- of the statute, the existing safe harbors, or 1128(b)(1) of such Act (42 U.S.C. 1320a–7(b)(1)) tion under a program under title XVIII or previous interpretive rulings; and is amended— under a State health care program.’’. S 1286 CONGRESSIONAL RECORD — SENATE January 20, 1995 SEC. 204. SANCTIONS AGAINST PRACTITIONERS ‘‘(9) The Secretary may terminate a con- which no findings of liability have been AND PERSONS FOR FAILURE TO tract with an eligible organization under made) against health care providers, suppli- COMPLY WITH STATUTORY OBLIGA- this section or may impose the intermediate ers, or practitioners as required by sub- TIONS. sanctions described in paragraph (6) on the section (b), with access as set forth in sub- (a) MINIMUM PERIOD OF EXCLUSION FOR organization in accordance with formal in- section (c). PRACTITIONERS AND PERSONS FAILING TO vestigation and compliance procedures es- (b) REPORTING OF INFORMATION.— MEET STATUTORY OBLIGATIONS.— tablished by the Secretary under which— (1) IN GENERAL.—Each government agency (1) IN GENERAL.—The second sentence of ‘‘(A) the Secretary provides the organiza- and health plan shall report any final ad- section 1156(b)(1) of the Social Security Act tion with the opportunity to develop and im- verse action (not including settlements in (42 U.S.C. 1320c–5(b)(1)) is amended by strik- plement a corrective action plan to correct which no findings of liability have been ing ‘‘may prescribe)’’ and inserting ‘‘may the deficiencies that were the basis of the made) taken against a health care provider, prescribe, except that such period may not Secretary’s determination under paragraph supplier, or practitioner. be less than 1 year)’’. (1); (2) INFORMATION TO BE REPORTED.—The in- (2) CONFORMING AMENDMENT.—Section ‘‘(B) in deciding whether to impose sanc- formation to be reported under paragraph (1) 1156(b)(2) of such Act (42 U.S.C. 1320c–5(b)(2)) tions, the Secretary considers aggravating includes: is amended by striking ‘‘shall remain’’ and factors such as whether an entity has a his- (A) The name of any health care provider, inserting ‘‘shall (subject to the minimum pe- tory of deficiencies or has not taken action supplier, or practitioner who is the subject of riod specified in the second sentence of para- to correct deficiencies the Secretary has a final adverse action. graph (1)) remain’’. brought to their attention; (B) The name (if known) of any health care (b) REPEAL OF ‘‘UNWILLING OR UNABLE’’ ‘‘(C) there are no unreasonable or unneces- entity with which a health care provider, CONDITION FOR IMPOSITION OF SANCTION.— sary delays between the finding of a defi- supplier, or practitioner is affiliated or asso- Section 1156(b)(1) of the Social Security Act ciency and the imposition of sanctions; and ciated. (42 U.S.C. 1320c–5(b)(1)) is amended— ‘‘(D) the Secretary provides the organiza- (C) The nature of the final adverse action. (1) in the second sentence, by striking ‘‘and tion with reasonable notice and opportunity (D) A description of the acts or omissions determines’’ and all that follows through for hearing (including the right to appeal an and injuries upon which the final adverse ac- ‘‘such obligations,’’; and initial decision) before imposing any sanc- tion was based, and such other information (2) by striking the third sentence. tion or terminating the contract.’’. as the Secretary determines by regulation is (4) CONFORMING AMENDMENTS.—Section SEC. 205. INTERMEDIATE SANCTIONS FOR MEDI- required for appropriate interpretation of in- CARE HEALTH MAINTENANCE ORGA- 1876(i)(6)(B) of such Act (42 U.S.C. formation reported under this section. NIZATIONS. 1395mm(i)(6)(B)) is amended by striking the (3) CONFIDENTIALITY.—In determining what (a) APPLICATION OF INTERMEDIATE SANC- second sentence. information is required, the Secretary shall TIONS FOR ANY PROGRAM VIOLATIONS.— (b) AGREEMENTS WITH PEER REVIEW ORGA- include procedures to assure that the privacy (1) IN GENERAL.—Section 1876(i)(1) of the NIZATIONS.— of individuals receiving health care services Social Security Act (42 U.S.C. 1395mm(i)(1)) (1) REQUIREMENT FOR WRITTEN AGREE- is appropriately protected. is amended by striking ‘‘the Secretary may MENT.—Section 1876(i)(7)(A) of the Social Se- (4) TIMING AND FORM OF REPORTING.—The terminate’’ and all that follows and inserting curity Act (42 U.S.C. 1395mm(i)(7)(A)) is information required to be reported under the following: ‘‘in accordance with proce- amended by striking ‘‘an agreement’’ and in- this subsection shall be reported regularly dures established under paragraph (9), the serting ‘‘a written agreement’’. (but not less often than monthly) and in such Secretary may at any time terminate any (2) DEVELOPMENT OF MODEL AGREEMENT.— form and manner as the Secretary pre- such contract or may impose the intermedi- Not later than July 1, 1996, the Secretary scribes. Such information shall first be re- ate sanctions described in paragraph (6)(B) or shall develop a model of the agreement that quired to be reported on a date specified by (6)(C) (whichever is applicable) on the eligi- an eligible organization with a risk-sharing the Secretary. ble organization if the Secretary determines contract under section 1876 of the Social Se- (5) TO WHOM REPORTED.—The information that the organization— curity Act must enter into with an entity required to be reported under this subsection ‘‘(A) has failed substantially to carry out providing peer review services with respect shall be reported to the Secretary. the contract; to services provided by the organization (c) DISCLOSURE AND CORRECTION OF INFOR- ‘‘(B) is carrying out the contract in a man- under section 1876(i)(7)(A) of such Act. MATION.— ner inconsistent with the efficient and effec- (3) REPORT BY GAO.— (1) DISCLOSURE.—With respect to the infor- tive administration of this section; or (A) STUDY.—The Comptroller General of mation about final adverse actions (not in- ‘‘(C) no longer substantially meets the ap- the United States shall conduct a study of cluding settlements in which no findings of plicable conditions of subsections (b), (c), (e), the costs incurred by eligible organizations liability have been made) reported to the and (f).’’. with risk-sharing contracts under section Secretary under this section respecting a (2) OTHER INTERMEDIATE SANCTIONS FOR 1876(b) of such Act of complying with the re- health care provider, supplier, or practi- MISCELLANEOUS PROGRAM VIOLATIONS.—Sec- quirement of entering into a written agree- tioner, the Secretary shall, by regulation, tion 1876(i)(6) of such Act (42 U.S.C. ment with an entity providing peer review provide for— 1395mm(i)(6)) is amended by adding at the services with respect to services provided by (A) disclosure of the information, upon re- end the following new subparagraph: the organization, together with an analysis quest, to the health care provider, supplier, ‘‘(C) In the case of an eligible organization of how information generated by such enti- or licensed practitioner, and for which the Secretary makes a determina- ties is used by the Secretary to assess the (B) procedures in the case of disputed accu- tion under paragraph (1) the basis of which is quality of services provided by such eligible racy of the information. not described in subparagraph (A), the Sec- organizations. (2) CORRECTIONS.—Each Government agen- retary may apply the following intermediate (B) REPORT TO CONGRESS.—Not later than cy and health plan shall report corrections of sanctions: July 1, 1998, the Comptroller General shall information already reported about any final ‘‘(i) Civil money penalties of not more than submit a report to the Committee on Ways adverse action taken against a health care $25,000 for each determination under para- and Means and the Committee on Energy provider, supplier, or practitioner, in such graph (1) if the deficiency that is the basis of and Commerce of the House of Representa- form and manner that the Secretary pre- the determination has directly adversely af- tives and the Committee on Finance and the scribes by regulation. fected (or has the substantial likelihood of Special Committee on Aging of the Senate (d) ACCESS TO REPORTED INFORMATION.— adversely affecting) an individual covered on the study conducted under subparagraph (1) AVAILABILITY.—The information in this under the organization’s contract. (A). database shall be available to Federal and ‘‘(ii) Civil money penalties of not more (c) EFFECTIVE DATE.—The amendments State government agencies and health plans than $10,000 for each week beginning after made by this section shall apply with respect pursuant to procedures that the Secretary the initiation of procedures by the Secretary to contract years beginning on or after Janu- shall provide by regulation. under paragraph (9) during which the defi- ary 1, 1996. (2) FEES FOR DISCLOSURE.—The Secretary ciency that is the basis of a determination SEC. 206. EFFECTIVE DATE. may establish or approve reasonable fees for under paragraph (1) exists. The amendments made by this part shall the disclosure of information in this ‘‘(iii) Suspension of enrollment of individ- take effect January 1, 1996. database. The amount of such a fee may not uals under this section after the date the TITLE III—ADMINISTRATIVE AND exceed the costs of processing the requests Secretary notifies the organization of a de- MISCELLANEOUS PROVISIONS for disclosure and of providing such informa- termination under paragraph (1) and until SEC. 301. ESTABLISHMENT OF THE HEALTH CARE tion. Such fees shall be available to the Sec- the Secretary is satisfied that the deficiency FRAUD AND ABUSE DATA COLLEC- retary or, in the Secretary’s discretion to that is the basis for the determination has TION PROGRAM. the agency designated under this section to been corrected and is not likely to recur.’’. (a) GENERAL PURPOSE.—Not later than Jan- cover such costs. (3) PROCEDURES FOR IMPOSING SANCTIONS.— uary 1, 1996, the Secretary shall establish a (e) PROTECTION FROM LIABILITY FOR RE- Section 1876(i) of such Act (42 U.S.C. national health care fraud and abuse data PORTING.—No person or entity, including the 1395mm(i)) is amended by adding at the end collection program for the reporting of final agency designated by the Secretary in sub- the following new paragraph: adverse actions (not including settlements in section (b)(5) shall be held liable in any civil January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1287 action with respect to any report made as re- (1) In subsection (a)(1), by inserting ‘‘or of ‘‘(E) is for a medical or other item or serv- quired by this section, without knowledge of any health plan (as defined in section ice that a person repeatedly knows or should the falsity of the information contained in 1128(i)),’’ after ‘‘subsection (i)(1)),’’. know is not medically necessary; or’’. the report. (2) In subsection (f)— (e) PERMITTING SECRETARY TO IMPOSE CIVIL (f) DEFINITIONS AND SPECIAL RULES.—For (A) by redesignating paragraph (3) as para- MONETARY PENALTY.—Section 1128A(b) of the purposes of this section: graph (4); and Social Security Act (42 U.S.C. 1320a–7a(a)) is (1) The term ‘‘final adverse action’’ in- (B) by inserting after paragraph (2) the fol- amended by adding the following new para- cludes: lowing new paragraphs: graph: (A) Civil judgments against a health care ‘‘(3) With respect to amounts recovered ‘‘(3) Any person (including any organiza- provider in Federal or State court related to arising out of a claim under a health plan, tion, agency, or other entity, but excluding a the delivery of a health care item or service. the portion of such amounts as is determined beneficiary as defined in subsection (i)(5)) (B) Federal or State criminal convictions to have been paid by the plan shall be repaid who the Secretary determines has violated to the plan, and the portion of such amounts related to the delivery of a health care item section 1128B(b) of this title shall be subject attributable to the amounts recovered under or service. to a civil monetary penalty of not more than this section by reason of the amendments (C) Actions by Federal or State agencies $10,000 for each such violation. In addition, made by the Health Care Fraud Prevention responsible for the licensing and certifi- such person shall be subject to an assess- cation of health care providers, suppliers, Act of 1995 (as estimated by the Secretary) shall be deposited into the Health Care ment of not more than twice the total and licensed health care practitioners, in- amount of the remuneration offered, paid, cluding— Fraud and Abuse Control Account estab- solicited, or received in violation of section (i) formal or official actions, such as rev- lished under section 101(b) of such Act.’’. 1128B(b). The total amount of remuneration ocation or suspension of a license (and the (3) In subsection (i)— subject to an assessment shall be calculated length of any such suspension), reprimand, (A) in paragraph (2), by inserting ‘‘or under without regard to whether some portion censure or probation, a health plan’’ before the period at the end, thereof also may have been intended to serve (ii) any other loss of license of the pro- and vider, supplier, or practitioner, by operation (B) in paragraph (5), by inserting ‘‘or under a purpose other than one proscribed by sec- of law, or a health plan’’ after ‘‘or XX’’. tion 1128B(b).’’. (iii) any other negative action or finding (b) EXCLUDED INDIVIDUAL RETAINING OWN- (f) SANCTIONS AGAINST PRACTITIONERS AND by such Federal or State agency that is pub- ERSHIP OR CONTROL INTEREST IN PARTICIPAT- PERSONS FOR FAILURE TO COMPLY WITH STAT- licly available information. ING ENTITY.—Section 1128A(a) of the Social UTORY OBLIGATIONS.—Section 1156(b)(3) of the (D) Exclusion from participation in Fed- Security Act (42 U.S.C. 1320a–7a(a)) is amend- Social Security Act (42 U.S.C. 1320c–5(b)(3)) is eral or State health care programs. ed— amended by striking ‘‘the actual or esti- (E) Any other adjudicated actions or deci- (1) by striking ‘‘or’’ at the end of paragraph mated cost’’ and inserting the following: ‘‘up sions that the Secretary shall establish by (1)(D); to $10,000 for each instance’’. regulation. (2) by striking ‘‘, or’’ at the end of para- (g) PROCEDURAL PROVISIONS.—Section (2) The terms ‘‘licensed health care practi- graph (2) and inserting a semicolon; 1876(i)(6) of such Act (42 U.S.C. 1395mm(i)(6)) (3) by striking the semicolon at the end of tioner’’, ‘‘licensed practitioner’’, and ‘‘prac- is further amended by adding at the end the paragraph (3) and inserting ‘‘; or’’; and titioner’’ mean, with respect to a State, an following new subparagraph: (4) by inserting after paragraph (3) the fol- individual who is licensed or otherwise au- ‘‘(D) The provisions of section 1128A (other lowing new paragraph: thorized by the State to provide health care than subsections (a) and (b)) shall apply to a ‘‘(4) in the case of a person who is not an services (or any individual who, without au- civil money penalty under subparagraph (A) organization, agency, or other entity, is ex- thority holds himself or herself out to be so or (B) in the same manner as they apply to cluded from participating in a program licensed or authorized). a civil money penalty or proceeding under under title XVIII or a State health care pro- (3) The term ‘‘health care provider’’ means section 1128A(a).’’. gram in accordance with this subsection or a provider of services as defined in section under section 1128 and who, at the time of a (h) EFFECTIVE DATE.—The amendments 1861(u) of the Social Security Act, and any violation of this subsection, retains a direct made by this section shall take effect Janu- entity, including a health maintenance orga- or indirect ownership or control interest of 5 ary 1, 1996. nization, group medical practice, or any percent or more, or an ownership or control (i) PROHIBITION AGAINST OFFERING INDUCE- other entity listed by the Secretary in regu- interest (as defined in section 1124(a)(3)) in, MENTS TO INDIVIDUALS ENROLLED UNDER PRO- lation, that provides health care services. or who is an officer, director, agent, or man- GRAMS OR PLANS.— (4) The term ‘‘supplier’’ means a supplier of aging employee (as defined in section 1126(b)) (1) OFFER OF REMUNERATION.—Section health care items and services described in of, an entity that is participating in a pro- 1128A(a) of the Social Security Act (42 U.S.C. section 1819(a) and (b), and section 1861 of the gram under title XVIII or a State health 1320a–7a(a)) is amended— Social Security Act. care program;’’. (A) by striking ‘‘or’’ at the end of para- (5) The term ‘‘Government agency’’ shall (c) MODIFICATIONS OF AMOUNTS OF PEN- graph (1)(D); include: ALTIES AND ASSESSMENTS.—Section 1128A(a) (B) by striking ‘‘, or’’ at the end of para- (A) The Department of Justice. of the Social Security Act (42 U.S.C. 1320a– graph (2) and inserting a semicolon; (B) The Department of Health and Human 7a(a)), as amended by subsection (b), is (C) by striking the semicolon at the end of Services. amended in the matter following paragraph paragraph (3) and inserting ‘‘; or’’; and (C) Any other Federal agency that either (4)— (D) by inserting after paragraph (3) the fol- administers or provides payment for the de- (1) by striking ‘‘$2,000’’ and inserting lowing new paragraph: livery of health care services, including, but ‘‘$10,000’’; ‘‘(4) offers to or transfers remuneration to not limited to the Department of Defense (2) by inserting ‘‘; in cases under paragraph any individual eligible for benefits under and the Veterans’ Administration. (4), $10,000 for each day the prohibited rela- title XVIII of this Act, or under a State (D) State law enforcement agencies. tionship occurs’’ after ‘‘false or misleading health care program (as defined in section (E) State medicaid fraud and abuse units. information was given’’; and (F) Federal or State agencies responsible 1128(h)) that such person knows or should (3) by striking ‘‘twice the amount’’ and in- know is likely to influence such individual for the licensing and certification of health serting ‘‘3 times the amount’’. to order or receive from a particular pro- care providers and licensed health care prac- (d) CLAIM FOR ITEM OR SERVICE BASED ON vider, practitioner, or supplier any item or titioners. INCORRECT CODING OR MEDICALLY UNNECES- service for which payment may be made, in (6) The term ‘‘health plan’’ has the mean- SARY SERVICES.—Section 1128A(a)(1) of the ing given to such term by section 1128(i) of Social Security Act (42 U.S.C. 1320a–7a(a)(1)) whole or in part, under title XVIII, or a the Social Security Act. is amended— State health care program;’’. (7) For purposes of paragraph (2), the exist- (1) in subparagraph (A) by striking (2) REMUNERATION DEFINED.—Section ence of a conviction shall be determined ‘‘claimed,’’ and inserting the following: 1128A(i) of such Act (42 U.S.C. 1320a–7a(i)) is under paragraph (4) of section 1128(j) of the ‘‘claimed, including any person who repeat- amended by adding the following new para- Social Security Act. edly presents or causes to be presented a graph: (g) CONFORMING AMENDMENT.—Section claim for an item or service that is based on ‘‘(6) The term ‘remuneration’ includes the 1921(d) of the Social Security Act is amended a code that the person knows or should know waiver of coinsurance and deductible by inserting ‘‘and section 301 of the Health will result in a greater payment to the per- amounts (or any part thereof), and transfers Care Fraud Prevention Act of 1995’’ after son than the code the person knows or of items or services for free or for other than ‘‘section 422 of the Health Care Quality Im- should know is applicable to the item or fair market value. The term ‘remuneration’ provement Act of 1986’’. service actually provided,’’; does not include— (2) in subparagraph (C), by striking ‘‘or’’ at ‘‘(A) the waiver of coinsurance and deduct- TITLE IV—CIVIL MONETARY PENALTIES the end; ible amounts by a person, if— SEC. 401. CIVIL MONETARY PENALTIES. (3) in subparagraph (D), by striking ‘‘; or’’ ‘‘(i) the waiver is not offered as part of any (a) GENERAL CIVIL MONETARY PENALTIES.— and inserting ‘‘, or’’; and advertisement or solicitation; Section 1128A of the Social Security Act (42 (4) by inserting after subparagraph (D) the ‘‘(ii) the person does not routinely waive U.S.C. 1320a–7a) is amended as follows: following new subparagraph: coinsurance or deductible amounts; and S 1288 CONGRESSIONAL RECORD — SENATE January 20, 1995 ‘‘(iii) the person— violation of, or a criminal conspiracy to vio- date of enactment of this Act, and final regu- ‘‘(I) waives the coinsurance and deductible late— lations not later than 18 months after such amounts after determining in good faith that ‘‘(i) section 1347 of this title; date of enactment, establishing a program of the individual is in financial need; ‘‘(ii) section 1128B of the Social Security voluntary disclosure that would facilitate ‘‘(II) fails to collect coinsurance or deduct- Act; the enforcement of sections 1128A and 1128B ible amounts after making reasonable collec- ‘‘(iii) sections 287, 371, 664, 666, 1001, 1027, of the Social Security Act (42 U.S.C. 1320a-7a tion efforts; or 1341, 1343, or 1954 of this title if the violation and 1320a-7b) and other relevant provisions of ‘‘(III) provides for any permissible waiver or conspiracy relates to health care fraud; Federal law relating to health care fraud and as specified in section 1128B(b)(3) or in regu- and abuse. Such program should promote and lations issued by the Secretary; ‘‘(iv) section 501 or 511 of the Employee Re- provide incentives for disclosures of poten- ‘‘(B) differentials in coinsurance and de- tirement Income Security Act of 1974, if the tial violations of such sections and provi- ductible amounts as part of a benefit plan violation or conspiracy relates to health care sions by providing that, under certain cir- design as long as the differentials have been fraud.’’. cumstances, the voluntary disclosure of disclosed in writing to all third party payors (b) PROPERTY FORFEITED DEPOSITED IN wrongdoing would result in the imposition of to whom claims are presented and as long as HEALTH CARE FRAUD AND ABUSE CONTROL AC- penalties and punishments less substantial the differentials meet the standards as de- COUNT.—The Secretary of the Treasury shall than those that would be assessed for the fined in regulations promulgated by the Sec- deposit into the Health Care Fraud and same wrongdoing if voluntary disclosure did retary; or Abuse Control Account established under not occur. ‘‘(C) incentives given to individuals to pro- section 101(b) an amount equal to amounts resulting from forfeiture of property by rea- SEC. 507. OBSTRUCTION OF CRIMINAL INVES- mote the delivery of preventive care as de- TIGATIONS OF FEDERAL HEALTH termined by the Secretary in regulations.’’. son of a Federal health care offense pursuant CARE OFFENSES. to section 982(a)(6) of title 18, United States TITLE V—AMENDMENTS TO CRIMINAL (a) IN GENERAL.—Chapter 73 of title 18, Code. LAW United States Code, is amended by adding at SEC. 503. INJUNCTIVE RELIEF RELATING TO FED- the end the following new section: SEC. 501. HEALTH CARE FRAUD. ERAL HEALTH CARE OFFENSES. (a) IN GENERAL.— (a) IN GENERAL.—Section 1345(a)(1) of title ‘‘§ 1518. Obstruction of Criminal Investiga- (1) FINES AND IMPRISONMENT FOR HEALTH 18, United States Code, is amended— tions of Federal Health Care Offenses. CARE FRAUD VIOLATIONS.—Chapter 63 of title (1) by striking ‘‘or’’ at the end of subpara- ‘‘(a) IN GENERAL.—Whoever willfully pre- 18, United States Code, is amended by adding graph (A); vents, obstructs, misleads, delays or at- at the end the following new section: (2) by inserting ‘‘or’’ at the end of subpara- tempts to prevent, obstruct, mislead, or ‘‘§ 1347. Health care fraud graph (B); and delay the communication of information or ‘‘(a) Whoever knowingly executes, or at- (3) by adding at the end the following: records relating to a Federal health care of- tempts to execute, a scheme or artifice— ‘‘(C) committing or about to commit a fense to a criminal investigator shall be ‘‘(1) to defraud any health plan or other Federal health care offense (as defined in fined under this title or imprisoned not more person, in connection with the delivery of or section 982(a)(6)(B) of this title);’’. than 5 years, or both. payment for health care benefits, items, or (b) FREEZING OF ASSETS.—Section 1345(a)(2) ‘‘(b) FEDERAL HEALTH CARE OFFENSE.—As services; or of title 18, United States Code, is amended by used in this section the term ‘Federal health ‘‘(2) to obtain, by means of false or fraudu- inserting ‘‘or a Federal health care offense care offense’ has the same meaning given lent pretenses, representations, or promises, (as defined in section 982(a)(6)(B))’’ after such term in section 982(a)(6)(B) of this title. any of the money or property owned by, or ‘‘title)’’. ‘‘(c) CRIMINAL INVESTIGATOR.—As used in under the custody or control of, any health SEC. 504. GRAND JURY DISCLOSURE. this section the term ‘criminal investigator’ plan, or person in connection with the deliv- Section 3322 of title 18, United States Code, means any individual duly authorized by a ery of or payment for health care benefits, is amended— department, agency, or armed force of the items, or services; (1) by redesignating subsections (c) and (d) United States to conduct or engage in inves- as subsections (d) and (e), respectively; and tigations for prosecutions for violations of shall be fined under this title or imprisoned (2) by inserting after subsection (b) the fol- health care offenses.’’. not more than 10 years, or both. If the viola- lowing: (b) CLERICAL AMENDMENT.—The table of tion results in serious bodily injury (as de- ‘‘(c) A person who is privy to grand jury in- sections at the beginning of chapter 73 of fined in section 1365(g)(3) of this title), such formation concerning a Federal health care title 18, United State Code, in amended by person shall be imprisoned for any term of offense (as defined in section 982(a)(6)(B))— adding at the end the following: years. ‘‘(1) received in the course of duty as an at- ‘‘(b) For purposes of this section, the term ‘‘1518. Obstruction of Criminal Investigations torney for the Government; or ‘health plan’ has the same meaning given of Federal Health Care Of- ‘‘(2) disclosed under rule 6(e)(3)(A)(ii) of the such term in section 1128(i) of the Social Se- fenses.’’. Federal Rules of Criminal Procedure; curity Act.’’. SEC. 508. THEFT OR EMBEZZLEMENT. may disclose that information to an attor- (2) CLERICAL AMENDMENT.—The table of (a) IN GENERAL.—Chapter 31 of title 18, ney for the Government to use in any inves- sections at the beginning of chapter 63 of United States Code, is amended by adding at tigation or civil proceeding relating to title 18, United States Code, is amended by the end the following new section: adding at the end the following: health care fraud.’’. ‘‘§ 669. Theft or Embezzlement in Connection ‘‘1347. Health care fraud.’’. SEC. 505. FALSE STATEMENTS. (a) IN GENERAL.—Chapter 47, of title 18, with Health Care. (b) CRIMINAL FINES DEPOSITED IN THE United States Code, is amended by adding at ‘‘(a) IN GENERAL.—Whoever willfully em- HEALTH CARE FRAUD AND ABUSE CONTROL AC- the end the following: bezzles, steals, or otherwise without author- COUNT.—The Secretary of the Treasury shall ity willfully and unlawfully converts to the deposit into the Health Care Fraud and ‘‘§ 1033. False statements relating to health use of any person other than the rightful Abuse Control Account established under care matters owner, or intentionally misapplies any of the section 101(b) an amount equal to the crimi- ‘‘Whoever, in any matter involving a moneys, funds, securities, premiums, credits, nal fines imposed under section 1347 of title health plan, knowingly and willfully fal- property, or other assets of a health care 18, United States Code (relating to health sifies, conceals, or covers up by any trick, benefit program, shall be fined under this care fraud). scheme, or device a material fact, or makes any false, fictitious, or fraudulent state- title or imprisoned not more than 10 years, SEC. 502. FORFEITURES FOR FEDERAL HEALTH or both. CARE OFFENSES. ments or representations, or makes or uses any false writing or document knowing the ‘‘(b) FEDERAL HEALTH CARE OFFENSE.—As (a) IN GENERAL.—Section 982(a) of title 18, used in this section the term ‘Federal health United States Code, is amended by adding same to contain any false, fictitious, or fraudulent statement or entry, shall be fined care offense’ has the same meaning given after paragraph (5) the following new para- such term in section 982(a)(6)(B) of this graph: under this title or imprisoned not more than 5 years, or both.’’. title.’’. ‘‘(6)(A) The court, in imposing sentence on LERICAL MENDMENT (b) CLERICAL AMENDMENT.—The table of (b) C A .—The table of a person convicted of a Federal health care sections at the beginning of chapter 31 of offense, shall order the person to forfeit sections at the beginning of chapter 47 of title 18, United State Code, in amended by title 18, United State Code, in amended by property, real or personal, that— adding at the end the following: ‘‘(i) is used in the commission of the of- adding at the end the following: fense if the offense results in a financial loss ‘‘1033. False statements relating to health ‘‘669. Theft or Embezzlement in Connection or gain of $50,000 or more; or care matters.’’. with Health Care.’’. ‘‘(ii) constitutes or is derived from pro- SEC. 506. VOLUNTARY DISCLOSURE PROGRAM. SEC. 509. LAUNDERING OF MONETARY INSTRU- ceeds traceable to the commission of the of- In consultation with the Attorney General MENTS. fense. of the United States, the Secretary of Health Section 1956(c)(7) of title 18, United States ‘‘(B) For purposes of this paragraph, the and Human Services shall publish proposed Code, is amended by adding at the end the term ‘Federal health care offense’ means a regulations not later than 9 months after the following new subparagraph: January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1289 ‘‘(F) Any act or activity constituting an expended by a State under section 604(a) for Mr. CRAIG addressed the Chair. offense involving a Federal health care of- purposes of determining the amount of the The PRESIDING OFFICER. The fense as that term is defined in section Secretary’s payments, a State Fraud Unit Chair recognizes the Senator from 982(a)(6)(B) of this title.’’. may receive funding for its activities from other sources, the identity of which shall be Idaho. TITLE VI—PAYMENTS FOR STATE HEALTH Mr. CRAIG. Mr. President, I ask CARE FRAUD CONTROL UNITS reported to the Secretary in its application or annual report. The State Fraud Unit shall unanimous consent to proceed for 5 SEC. 601. ESTABLISHMENT OF STATE FRAUD participate in the all-payer fraud and abuse minutes as if in morning business. UNITS. control program established under section The PRESIDING OFFICER. The Sen- (a) ESTABLISHMENT OF HEALTH CARE FRAUD 101. AND ABUSE CONTROL UNIT.—The Governor of ate is in morning business. The Sen- SEC. 603. SCOPE AND PURPOSE. each State shall, consistent with State law, ator from Idaho is recognized for up to establish and maintain in accordance with The State Fraud Unit shall carry out the 15 minutes. subsection (b) a State agency to act as a following activities: Mr. CRAIG. I thank the Chair for (1) The State Fraud Unit shall conduct a Health Care Fraud and Abuse Control Unit statewide program for the investigation and clarifying that. for purposes of this part. prosecution (or referring for prosecution) of (Mr. INHOFE assumed the chair.) (b) DEFINITION.—In this section, a ‘‘State violations of all applicable state laws regard- Fraud Unit’’ means a Health Care Fraud and f ing any and all aspects of fraud in connec- Abuse Control Unit designated under sub- tion with any aspect of the administration section (a) that the Secretary certifies meets and provision of health care services and ac- REAUTHORIZE THE ENDANGERED the requirements of this part. tivities of providers of such services under SPECIES ACT SEC. 602. REQUIREMENTS FOR STATE FRAUD any Federally-funded or mandated health UNITS. Mr. CRAIG. Mr. President and fellow care programs; Senators, I think the American public (a) IN GENERAL.—The State Fraud Unit (2) The State Fraud Unit shall have proce- must— dures for reviewing complaints of the abuse and even we here in the Congress rec- (1) be a single identifiable entity of the or neglect of patients of facilities (including ognize that the November elections State government; patients in residential facilities and home was a profound statement on the part (2) be separate and distinct from any State health care programs) that receive payments of this country to speak to change. agency with principal responsibility for the under any Federally-funded or mandated Since that time, all eyes have been administration of any Federally-funded or health care programs, and, where appro- focused on Washington, as we saw the mandated health care program; priate, to investigate and prosecute such (3) meet the other requirements of this sec- changing of the guard in the House complaints under the criminal laws of the after 40 years of single-party rule, and tion. State or for referring the complaints to (b) SPECIFIC REQUIREMENTS DESCRIBED.— other State agencies for action. certainly the change that has occurred The State Fraud Unit shall— (3) The State Fraud Unit shall provide for here that has resulted with Repub- (1) be a Unit of the office of the State At- the collection, or referral for collection to licans being in the majority, leading torney General or of another department of the appropriate agency, of overpayments the Senate and chairing the commit- State government which possesses statewide that are made under any Federally-funded or tees. That has also resulted in a very authority to prosecute individuals for crimi- mandated health care program and that are nal violations; aggressive legislative agenda that has discovered by the State Fraud Unit in carry- focused most of the attention of the (2) if it is in a State the constitution of ing out its activities. which does not provide for the criminal pros- American people on what is going on in SEC. 604. PAYMENTS TO STATES. ecution of individuals by a statewide author- Washington. Whether it was the rule (a) MATCHING PAYMENTS TO STATES.—Sub- ity and has formal procedures, (A) assure its changes in the House or the debate on referral of suspected criminal violations to ject to subsection (c), for each year for which a State has a State Fraud Unit approved the unfunded mandates bill that still is the appropriate authority or authorities in before this Senate, directed by my col- the State for prosecution, and (B) assure its under section 602(b) in operation the Sec- league from Idaho, DIRK KEMPTHORNE, assistance of, and coordination with, such retary shall provide for a payment to the authority or authorities in such prosecu- State for each quarter in a fiscal year in an or whether it is the growing debate tions; or amount equal to the applicable percentage of that will soon come to the floor on a (3) have a formal working relationship the sums expended during the quarter by the balanced budget amendment, all eyes with the office of the State Attorney General State Fraud Unit. remain focused on Washington. (b) APPLICABLE PERCENTAGE DEFINED.— or the appropriate authority or authorities But while that is going on, some- (1) IN GENERAL.—In subsection (a), the ‘‘ap- for prosecution and have formal procedures thing very tragic is still happening (including procedures for its referral of sus- plicable percentage’’ with respect to a State for a fiscal year is— across America. And that is that there pected criminal violations to such office) still remains business as usual on the which provide effective coordination of ac- (A) 90 percent, for quarters occurring dur- tivities between the Fraud Unit and such of- ing the first 3 years for which the State part of the Federal Government and fice with respect to the detection, investiga- Fraud Unit is in operation; or our Federal agencies and our Federal tion, and prosecution of suspected criminal (B) 75 percent, for any other quarters. regulators—as was going on and has violations relating to any Federally-funded (2) TREATMENT OF STATES WITH MEDICAID been going on long before the elections or mandated health care programs. FRAUD CONTROL UNITS.—In the case of a State with a State medicaid fraud control in oper- of last November— the treading on the (c) STAFFING REQUIREMENTS.—The State private citizen, the taking away of Fraud Unit shall— ation prior to or as of the date of the enact- ment of this Act, in determining the number rights, a Federal Government that is (1) employ attorneys, auditors, investiga- unconcerned, or demonstrating at least tors and other necessary personnel; and of years for which the State Fraud Unit (2) be organized in such a manner and pro- under this part has been in operation, there little concern, about the impact of vide sufficient resources as is necessary to shall be included the number of years for their decisions and their activities on promote the effective and efficient conduct which such State medicaid fraud control the economies of local communities. of State Fraud Unit activities. unit was in operation. So for just a moment this afternoon, (c) LIMIT ON PAYMENT.—Notwithstanding (d) COOPERATIVE AGREEMENTS; MEMORANDA subsection (a), the total amount of payments I thought I would once again focus on OF UNDERSTANDING.—The State Fraud Unit something that is now occurring in my shall have cooperative agreements with— made to a State under this section for a fis- cal year may not exceed the amounts as au- State of Idaho and try to once again (1) Federally-funded or mandated health impress upon the Congress, and cer- care programs; thorized pursuant to section 1903(b)(3) of the (2) similar Fraud Units in other States, as Social Security Act.∑ tainly those who might be watching, exemplified through membership and partici- f the magnitude of the job we have be- pation in the National Association of Medic- fore us and the tragedy of this adminis- aid Fraud Control Units or its successor; and ORDER OF BUSINESS tration failing to be responsive and al- (3) the Secretary. The PRESIDING OFFICER. The ma- lowing their agencies to run amok in (e) REPORTS.—The State Fraud Unit shall jority leader is recognized. an unwillingness to be concerned about submit to the Secretary an application and Mr. DOLE. I thank the Chair. the human being—the citizen, the tax- an annual report containing such informa- (The remarks of Mr. DOLE pertaining payer—but to be all concerned about tion as the Secretary determines to be nec- essary to determine whether the State Fraud to the introduction of S. 256 and S. 257 the Federal regulations and to make Unit meets the requirements of this section. are located in today’s RECORD under sure that every letter of the law is (f) FUNDING SOURCE; PARTICIPATION IN ALL- ‘‘Statements on Introduced Bills and complied with, even laws that no PAYER PROGRAM.—In addition to those sums Joint Resolutions.’’) longer work for the American people or S 1290 CONGRESSIONAL RECORD — SENATE January 20, 1995 demonstrate their fairness or their eq- make it more compatible, to make it speak in that time. Instead of 10 it will uity. more sensitive, to put the human spe- be 10:30, so that our colleagues know. Last Thursday, in Boise, ID, Judge cies back into the blend of the Endan- Mr. CRAIG. That is correct. David Ezra, with a sweep of his pen, gered Species Act so that we at least The PRESIDING OFFICER. Without Mr. President, shut down 14 million give some credence to the human spe- objection, it is so ordered. acres in the State of Idaho. What does cies, that is the steward of the land, in- Mr. CRAIG. I suggest the absence of that mean? That means that in an area stead of arbitrarily saying to that a quorum. the size of Massachusetts and Con- human being—that mother, that fa- The PRESIDING OFFICER. The necticut and Maryland combined, this ther, that worker, that logger, that clerk will call the roll. judge said, ‘‘Under the auspices of the miner, that rancher, that small busi- The bill clerk proceeded to call the Endangered Species Act, there will be ness person—‘‘Step aside. You are no roll. no logging, no mining, no grazing, no longer important. Step aside to a plant Mr. PRESSLER. Mr. President, I ask road building or any human activity or an animal.’’ unanimous consent that the order for until the Forest Service can convince Since when did this Government be- the quorum call be rescinded. me and convince national marine fish- come so insensitive to the rights of the The PRESIDING OFFICER. Without eries that all of their activities fit human being? Since we have ignored objection, it is so ordered. within the confines of the Endangered our responsibilities to reauthorize the f Species Act,’’ even if not one of those Endangered Species Act, and do these activities can scientifically be proven kinds of things that the American peo- PREVENTING THE ADOPTION OF to harm a species of fish that is now ple finally in November of last year CERTAIN NATIONAL HISTORY listed as endangered within the water- rose up and said to the Congress of the STANDARDS sheds of that region of the State of United States: ‘‘Become responsive to VIOLENCE AT CLINICS Idaho. our needs or step aside and we will find As a result of that, 56 timber sta- somebody who will.’’ tions, 82 mining operations, 3 road con- Well, I certainly hope this Senate IMPACT ON LOCAL GOVERNMENTS struction projects, and 395 livestock recognizes that call and will become grazing operations—better known as increasingly sensitive to their respon- Mr. PRESSLER. Mr. President, I ask ranches—have been told to cease and sibility to the taxpayer, to the citizens, unanimous consent that it be in order desist. Thousands of miners will be out the law-abiding citizens, of our coun- for me to send to the desk three resolu- of work as of Monday morning, next try. tions and that they be considered en Monday morning, not because the mine Let us start with reauthorization of bloc, agreed to and the motion to re- played out, not because the market for the Endangered Species Act, so that consider be laid upon the table. minerals dropped, but because the Fed- what is going on in Idaho today and For the information of my col- eral Government said you can no next week and throughout this coming leagues, the three resolutions are the longer mine, and a Federal judge, year, and what has gone on in the texts of the Gorton amendment, Brad- again, said last Thursday, with the State of Oregon and other places ley amendment and Boxer amendment sweep of his pen, ‘‘Walk away. Pull around our country will not be re- that were offered to the unfunded man- your paycheck. We are not worried peated again; that we, as Senators, who dates bill and voted on Wednesday. about your children and your homes agree to take an oath to uphold the The PRESIDING OFFICER. Is there and your families and your commu- Constitution of the United States, will objection? Without objection, it is so nities. We are worried that the law do that constitutional duty to put peo- ordered. And without objection, where which is now clearly in question be ple back into the equation of being re- appropriate, the preambles are agreed complied with.’’ sponsible for the stewards of our land. to. Well, Mr. President, you can well I yield back the remainder of my Mr. PRESSLER. Mr. President, I imagine, chaos reigns supreme in my time. send the three resolutions to the desk. State of Idaho at this moment; that in So the resolutions (S. Res. 66, S. Res. six of the eight Federal forests in my f 67, and S. Res. 68) were agreed to, as State, amassing over 14 million acres, follows: all human activity, which is a major ORDERS FOR MONDAY, JANUARY 23, 1995 S. RES. 66 part of the economic base of that re- Resolved, That it is the sense of the Senate gion of my State, has just been told to Mr. CRAIG. Mr. President, under the that—(a) the National Education Goals shut down, awaiting the action of a order entered last night, the Senate Panel should disapprove, and the National Federal bureaucracy that is now days will convene at 9:30 a.m. on Monday, Education Standards and Improvement behind in what it should have been January 23, 1995. Council should not certify, any voluntary doing days ago. I ask unanimous consent that when national content standards, voluntary na- That is why it is so imperative that the Senate convenes on Monday, the tional student performance standards, or cri- the Environment and Public Works time for the two leaders be reserved teria for the certification of such content and student performance standards, on the Committee look at the reauthorization and there then be a period for the subject of world and United States history, of the Endangered Species Act now— transaction of morning business not to developed prior to February 1, 1995. not next year, not 3 years from now, extend beyond the hour of 10:30, with (b) voluntary national content standards, but now—to make sure that these Senators permitted to speak for not to voluntary national student performance kinds of silly bureaucratic activities exceed 5 minutes each, with the excep- standards, and criteria for the certification can no longer go on and put the aver- tion of the following Senators: Sen- of such content and student performance age man and woman and small business ators GRASSLEY and PRYOR, for 15 min- standards, on the subject of world and Unit- ed States history, established under title II people in my State or any other State utes equally divided; Senator CONRAD, of the Goals 2000: Educate America Act arbitrarily out of business. for up to 30 minutes. I further ask that should not be based on standards developed We saw it go on in Oregon, with the at the hour of 10:30 a.m. the Senate re- primarily by the National Center for History spotted owl—30,000 loggers in the State sume consideration of S. 1, the un- in the Schools prior to February 1, 1995; and of Oregon. Now, in my State of Idaho, funded mandates bill. (c) if the Department of Education, the Na- thousands—yes, thousands—of people, The PRESIDING OFFICER. Is there tional Endowment for the Humanities, or small businesses that have existed in objection? any other Federal agency provides funds for one family for over 100 years, are being Mr. FORD. Mr. President, reserving the development of the standards and cri- threatened with their very existence. the right to object, the only change I teria described in paragraph (6) the recipient of such funds should have a decent respect It is clearly a call to arms. And I believe the Senator is making, so that for the contributions of western civilization, think the people of my State recognize we all understand it, instead of getting and United States history, ideas, and institu- that. It is clearly the responsibility of on S. 1 at 10 it will be at 10:30, and we tions, to the increase of freedom and prosper- this Congress to change the law, to are authorizing three Senators to ity around the world. January 20, 1995 CONGRESSIONAL RECORD — SENATE S 1291

S. RES. 67 ‘‘(A) the United States Attorneys to create tain the American dream of owning a home SENSE OF THE SENATE CONCERNING PROTEC- task forces of Federal, State and local law in a safe, secure community: Now therefore, TION OF REPRODUCTIVE HEALTH enforcement officials and develop plans to be it CLINICS. address security for reproductive health care Resolved, That it is the sense of the Senate Whereas, there are approximately 900 clin- clinics located within their jurisdictions; that ics in the United States providing reproduc- and (1) the Federal Government should not tion health services; ‘‘(B) the United States Marshals Service to shift certain costs to the State, and States Whereas, violence directed at persons seek- ensure coordination between clinics and Fed- should end the practice of shifting costs to ing to provide reproductive health services eral, State and local law enforcement offi- local governments, which forces many local continues to increase in the United States, cials regarding potential threats of violence: governments to increase property taxes; as demonstrated by the recent shootings at Now therefore, be it (2) States should end the imposition, in the two reproductive health clinics in Massachu- Resolved, That it is the sense of the Senate absence of full consideration by their legisla- setts and another health care clinic in Vir- that the United States Attorney General tures, of State issued mandates on local gov- ginia; should fully enforce the law and protect per- ernments without adequate State funding, in Whereas, organizations monitoring clinic sons seeking to provide or obtain, or assist a manner that may displace other essential violence have recorded over 130 incidents of in providing or obtaining, reproductive government priorities; and violence or harassment directed at reproduc- health services from violent attack. (3) one primary objective of this Act and tive health care clinics and their personnel (c) Nothing in this resolution shall be con- other efforts to change the relationship strued to prohibit any expressive conduct in 1994 such as death threats, stalking, chem- among Federal, State, and local govern- (including peaceful picketing or other peace- ical attacks, bombings and arson; ments should be to reduce taxes and spend- Whereas, there has been one attempted ful demonstration) protected from legal pro- ing at all levels and to end the practice of murder in Florida and four individuals killed hibition by the first amendment to the con- shifting costs from one level of government at reproductive health care clinics in Florida stitution. to another with little or no benefit to tax- and Massachusetts in 1994; payers. Whereas, the Congress passed and the S. RES. 68 President signed the Freedom of Access to IMPACT ON LOCAL GOVERNMENTS. f Clinic Entrances Act of 1994, a law establish- Whereas, the Congress should be concerned ing Federal criminal penalties and civil rem- about shifting costs from Federal to State RECESS UNTIL MONDAY, JANUARY edies for certain violent, threatening, ob- and local authorities and should be equally structive and destructive conduct that is in- concerned about the growing tendency of 23, 1995 AT 9:30 A.M. tended to injure, intimidate or interfere with States to shift costs to local governments; Mr. PRESSLER. Mr. President, I now persons seeking to obtain or provide repro- Whereas, cost shifting from States to local ask unanimous consent that the Sen- ductive health services; governments has, in many instances, forced ate stand in recess under the previous Whereas, violence is not a mode of free local governments to raise property taxes or speech and should not be condoned as a curtail sometimes essential services; and order. method of expressing an opinion; and Whereas, increases in local property taxes There being no objection, the Senate, Whereas, the President has intructed the and cuts in essential services threaten the at 1:35 p.m., recessed until Monday, Attorney General to order— ability of many citizens to attain and main- January 23, 1995, at 9:30 a.m. January 20, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 141 EXTENSIONS OF REMARKS

GUN VIOLENCE ECONOMIC EQUITY ship has some value in our society, then we today. Maybe we wouldn't have to watch ACT OF 1995 should allow market forces to dictate the true scenes of children attending funerals of their cost of that ownership. This is the rationale classmates on the evening news or read HON. CARDISS COLLINS behind the Gun Violence Economic Equity Act. about police officers killed because they were OF ILLINOIS H.R. 174 would make manufacturers, deal- outgunned by thugs and felons. IN THE HOUSE OF REPRESENTATIVES ers, and importers of handguns and assault The American people are extremely anxious Friday, January 20, 1995 weapons strictly liable for damages resulting in for the 104th Congress to take significant ac- injury and death from the use of these weap- tion to confront the most pressing problems Mrs. COLLINS of Illinois. Mr. Speaker, in re- ons to the victims and survivors of victims. facing our society, foremost of which contin- cent weeks the GOP leadership has been By holding these parties liable for the dam- ues to be gun violence. I urge my colleagues, leading the charge to slash social spending in ages caused by their products we will make therefore, to join me in supporting the Gun Vi- America, place poor children in orphanages, certain that they share their appropriate cul- olence Economic Equity Act of 1995 and sig- and punish welfare recipients for their under- pability in the mayhem and destruction that naling to the American people that we are privileged status. Many among the Republican their products inflict in both my congressional committed to taking decisive and immediate ranks would like to eliminate the Departments district and other communities all throughout action to bring down the number of deadly of Education and Housing and Urban Develop- America. These gun peddlers should under- weapons in our streets and in our lives. ment, washing their hands of Federal respon- stand that they must also take responsibility f sibility in these areas. In addition, there is a for their part in perpetuating the violence we GOP attack being waged on the vital preven- have become all too accustomed to reading END SSI ABUSE tion dollars that my Democratic colleagues about in the daily papers. and I fought so hard to keep intact in last This legislation in no way decreases or di- year's crime bill. My friends on the opposite minishes the responsibility of individuals who HON. ROBERT MENENDEZ side of the aisle seem to believe in building own or use guns in cities and towns. Undoubt- OF NEW JERSEY walls around our inner-city communities rather edly the appropriate laws or civil actions still IN THE HOUSE OF REPRESENTATIVES than building futures for the youth that are apply and should be taken. A person who di- struggling to succeed in those neighborhoods. rectly commits an act of violence is respon- Friday, January 20, 1995 The attitude from the GOP and its Contract sible for his or her actions, but the manufac- Mr. MENENDEZ. Mr. Speaker, today I am With America seems to be que sera seraÂ, turers and sellers of handguns and assault introducing a bill to end an outrageous abuse whatever will be, will be. Let's let market weapons are also partners in these acts and of a program designed to aid our most vulner- forces work and we'll hope for the best. Well, must be viewed as such under the law. able citizens: the aged, blind, and disabled. I've got quite a surprise for you Mr. Speaker. Holding these parties liable also places the Reports by the General Accounting Office and Given that approach, you and your Republican heavy economic cost of violence on the appro- the Inspector General of the Department of friends will probably want to join my Demo- priate groups. Every one of us pays for gun vi- Health and Human Services tell us that some cratic colleagues in cosponsoring a bill of olence in a myriad of ways. We pay in support families teach their children to feign mental ill- mine, H.R. 174, the Gun Violence Economic to public hospitals whose trauma centers be- ness or retardation so that the parents can Equity Act of 1995. come overburdened with uncompensated care collect SSI checks once the children are diag- I think we can all agree in this body that the to victims of gunshot wounds. We pay in in- nosed as being unable to function in an age- gun violence plaguing our Nation is way past creased hospital insurance costs. We pay by appropriate manner. Parents are not required epidemic proportions and threatens to wipe having to subsidize the costs of increased se- to spend these checks to assist their disabled out the hopes and dreams of all our future curity measures employed by businesses children. generations. Last Congress I was elated that, which we patronize. This list goes on and on. These parents abuse the SSI program's finally, after years of prolonged struggle with Successful suits by victims against gun flexibility in the case of a child whose condi- the ``just say no'' gun lobby, we were able to manufacturers and distributors will increase tion does not match one on the published list pass the Brady bill, along with a ban on 19 dif- the manufacturer's cost of doing business. In of medical impairments considered severe ferent types of assault weapons. These com- turn, manufacturers will pass on the cost by enough to preclude any gainful activity. monsense measures should have been in the increasing the price of guns sold in order to be Yesterday's Washington Post reports biparti- books years ago and their passage serves the able to cover future court awards. The more san concern about these abuses by parents ``Not Really Attuned'' NRA with a loud wake- injuries a particular weapon causes, the more who can increase their welfare checks from up call that the American people no longer a strict liability rule will increase the price and $6,204 to $11,652 for a single parent with two stand for their attempts to block any and all reduce the quantity demanded of that type of children, when one child is enrolled in SSI. rational gun control legislation. gun. Hopefully, an increase in the cost of The Republican plan is to take a meat ax to Our children are at risk and we must con- doing business will make a manufacturer think all SSI checks for disabled children. This is tinue to bring some sanity to our gun regu- twice about producing dangerous and need- not reform, but a mindless attack on families latory framework. In 1992 alone, in my city of less weapons for our communities. already under severe stress caring for seri- Chicago, 741 youths 19 years of age and Since there are many different models of ously ill children. We must not solve this prob- under were victims of gun injuries and early guns, a strict liability rule would cause variable lem by eliminating the modest support we pay reports for 1993 and 1994 indicate rising num- pricing of these guns according to the gun's to parents who are poor because they stay at bers. At Children's Memorial Medical Center in history of being used to cause injury and the bedside of a dying child. Chicago, the number of children 16 and under death. The guns that cause the most net loss The bill I am introducing today would pre- treated for gunshot wounds skyrocketed 250 would show the sharpest declines in quantities serve SSI benefits for disabled children, but in percent from 1988 to 1993. This is disgraceful sold. Guns that are safer, or because of type the case of children who become eligible as a tragedy. More can and must be done. I be- or selective marketing are rarely used in vio- result of the alternative process so many are lieve H.R. 174 would greatly assist us in our lent acts, would experience a smaller increase now abusing, the benefits would come in the long-running quest to end the madness on our in price and a smaller decline in sales. form of vouchers for services needed by the streets. Mr. Speaker, if we had a strict liability rule child in connection with the disability. I urge Mr. Speaker, I still believe the best way to in place a long time ago maybe we wouldn't my colleagues to join with me in enacting a control handguns is to ban them outright. have to argue about the epidemic level of gun humane way of eliminating abuse of the SSI However, if we have decided that gun owner- violence that we face in the United States program by unscrupulous parents.

∑ 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 142 CONGRESSIONAL RECORD — Extensions of Remarks January 20, 1995 THE DEVALUATION OF THE tors. Futures exchanges for years have met taken recently by banking regulators, I would MEXICAN CURRENCY the vital economic needs of price discovery hope the Congress moves cautiously in this and risk management to U.S. agriculture. And, area of financial regulation. HON. PHILIP M. CRANE during the last 20 years, we have seen an ex- Derivatives are not new even though a cas- OF ILLINOIS plosion of trading in exchange derivative prod- ual reading of the business press would lead IN THE HOUSE OF REPRESENTATIVES ucts on industrial and precious metals and en- you to a different conclusion. There is little the ergy commodities as well as financial instru- Friday, January 20, 1995 Congress can do to legislate against poor ments. Interest rate and stock index contracts judgement. In those instances where fraud is Mr. CRANE. Mr. Speaker, in recent weeks continue to show phenomenal growth trends found, then there are appropriate laws to deal opponents of the NAFTA have tried to use the as more and more commercial and industrial with the problem. To restrict the legitimate devaluation of the Mexican currency as a way enterprises understand the benefits of hedging uses of derivativesÐand few doubt their legit- to revive their efforts to undermine this historic economic risks in the futures and options mar- imacy whether they are exchange-traded fu- trade initiative. To be sure, the devaluation of kets. tures and options or over-the-counter hedging the peso is of great concern to our country be- Within the past decade, useful off-exchange and investment instrumentsÐwould be a pro- cause of the economic dislocation it is causing markets have developed in individually nego- found error. in Mexico. The devaluation will have the unfor- tiated instruments with characteristics of tradi- tunate effect of raising the price of United tional futures and option contracts. f States exports to Mexico, and will tend to re- The CFTC is there to make sure the des- TELECOMMUNICATIONS LEGISLA- duce the trade surplus the United States built ignated exchanges continue to promote fair TION TO OPEN THE INFORMA- and orderly trading, to police legitimate over- up with Mexico during 1994, the first year of TION SUPERHIGHWAY TO ALL the-counter markets and to prosecute with the NAFTA. AMERICANS The current situation facing Mexico is unfor- State law enforcement authorities illegal boiler tunate, but the United States has a strong in- room activities that have operated for years in terest in helping Mexico weather this downturn the gray areas of the Commodity Exchange HON. CARDISS COLLINS in its economy. The United States shares a Act. OF ILLINOIS 2,000-mile border with Mexico and our econo- My colleagues and I believe a simple, 5- mies are closely linked. Total trade between year authorization is appropriate at this time, IN THE HOUSE OF REPRESENTATIVES the United States and Mexico is in the range since the Commission's regulatory activities Friday, January 20, 1995 of $70 billion a year. were thoroughly debated during the last reau- Without NAFTA the current economic situa- thorization, which was concluded in October, Mrs. COLLINS of Illinois. Mr. Speaker, in tion would be much worse for U.S. businesses 1992. The Commission operated without au- the last 2 weeks I have introduced a pair of and workers. As a comprehensive bilateral thorization during fiscal years 1990 through legislative initiatives that are of paramount im- free-trade agreement, NAFTA obligates Mex- 1992 while the Congress debated several is- portance if we in this body are to adequately ico to solve its economic crisis in ways that sues of crucial importance to our financial ensure that all Americans have a genuine op- ensure that United States products and serv- markets. The CFTC has been without an au- portunity to participate in the information revo- ices will not be shut out of Mexico's market. In thorization so far in this current fiscal year, lution that is now rapidly progressing in our the past it was not unusual for Mexico to try and this committee must assume its legislative Nation. As we are all well aware, every day in to address its currency problems and fiscal dif- responsibilities. There still are outstanding is- the morning papers another story appears an- ficulties by nationalizing banks and other in- sues and questions about competitiveness nouncing a new telecommunications merger or dustries, and otherwise closing the Mexican and regulatory intrusions, but I would hope plans for the development of a new tele- market to United States goods and services. that we could deal with them, if necessary, in communications technology. The pace of Because the NAFTA obligates Mexico to separate legislation. change in this arena is absolutely striking. maintain an open market, the agreement will In that regard, the Futures Trading Practices But with change comes challenges Mr. serve as a stabilizing force to minimize the ef- Act of 1992 required the precise, independent Speaker. While we should all look forward to fect of Mexico's economic problems on the and unalterable recordation of all trade execu- the opportunities presented by new, emerging United States. tions to be an industry standard by October technologies, we cannot disregard the lessons United States trade policy towards Mexico 1995. The Congress rightly understood the of the past and the hurdles we still face in as symbolized by the NAFTA, helps to steady technological problems involved in attaining making certain that everyone in America bene- a volatile situation for U.S. businesses and this mark and provided some flexibility. I might fits equally from our country's maiden voyage workers. NAFTA ensures that President add here that the House committee report into cyberspace. Ernesto Zedillo will address the current situa- making appropriations for fiscal year 1995 It is a very well-documented fact that minor- tion through greater, not less liberalization of concluded that the exchanges had made good ity and women-owned small businesses con- the Mexican market. NAFTA is by no means faith efforts to meet the audit trail require- tinue to be overwhelmingly under-represented a cure-all, but it is a highly advantageous ments. The Appropriations Committee said it in the telecommunications field. In the cellular agreement for U.S. workers and businesses in expected the Commission to grant an exten- industry, which generates in excess of $10 bil- this current climate of uncertainty in the econ- sion to the exchanges beyond the 1995 dead- lion per year, there are a mere 11 minority omy of our southern neighbor. line. Although I, as one Member, have not firms offering services in this market. Overall, concluded whether or not the Commission barely 1 percent of all telecommunications f should grant the extension, it is up to the companies are minority-owned. Of women- REAUTHORIZING THE COMMODITY Committee on Agriculture to deal with this owned firms in the United States, only 1.9 per- FUTURES TRADING COMMISSION matter. cent fall within the communications category. Finally, Mr. Speaker, off-exchange deriva- Therefore, I have introduced two separate HON. PAT ROBERTS tives trading has been making headlines re- pieces of legislation, H.R. 187 and H.R. 503, OF KANSAS cently. Procter & Gamble, Gibson Greeting the Telecommunications Economic Oppor- IN THE HOUSE OF REPRESENTATIVES Cards, and other private companies as well as tunity Act of 1995, that seek to remedy the several public funds, including the now famous aforementioned inequities. It is imperative that Friday, January 20, 1995 fund controlled by Orange County, CA, have minorities and women are drivers, not simply Mr. ROBERTS. Mr. Speaker, today I am in- lost large sums of money through derivatives passengers, in the superhighway fast lane. As troducing by request legislation that reauthor- investments. Many of these transactions may the statistics point out, too often in the past izes the Commodity Futures Trading Commis- have been made without adequate under- these groups have been left standing on the sion through the year 2000 at unspecified an- standing of the risks involved in highly lever- shoulder, only to watch the big guys and gals nual appropriations. I am joined by Messrs. DE aged instruments. There may have been cruise down the road, leaving them in the LA GARZA, EWING, and ROSE. breaches of fiduciary responsibilities in some dust. The CFTC is the independent agency of these cases. At any rate, so far the regu- I must note that both of these measures charged with regulating the Nation's 10 active lators have held their fire in requesting new passed the full House by a landslide last year commodity futures exchanges, the profes- authorities. I understand the SEC is asking for as part of H.R. 3626, the Antitrust and Com- sional brokerage community of futures com- some voluntary restrictions of certain unregu- munications Reform Act of 1994, and I look mission merchants and introducing brokers, lated subsidiaries of SEC registrants, but, be- forward to the same bipartisan support for my commodity trading advisers and pool opera- yond that and other administrative actions initiatives in the 104th Congress. January 20, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 143 H.R. 187 would require a rulemaking on the The share of national revenues going to tax When working Americans are unable to sup- part of the Federal Communications Commis- exempts has nearly doubled in the past 15 port themselves and their families, they are sion, after consultation with the National Tele- years, growing at 8 percent per year in con- left scrambling to pay their bills and put food communications and Information Administra- stant dollars. The IRS reports that the reve- on their tables. Today's minimum wage is too tion, on ways to surmount barriers to market nues of tax-exempts rose from 5.9 to 10.4 per- much minimum and not enough wage. We can access, such as undercapitalization, that con- cent of U.S. gross domestic product from 1975 not be content with an economy that helps tinue to constrain small businesses, minority, to 1990. Revenues totaled $578 billion in those at the top of the economic ladder climb women-owned, and nonprofit organizations in 1990. further up while those at the bottom slip fur- their attempts to take part in all telecommuni- These are substantial revenues. To put ther down. cations industries. Underlying this amendment them into context, in 1990, taxable service in- Mr. Speaker, today I am also introducing the is the obvious fact that diversity of ownership dustries had receipts of $1,174 billion. The tax Income Equity Act of 1995. remains a key to the competitiveness of the exempts had revenues of just half that One of the most disturbing trends of the U.S. telecommunications marketplace. amount. past decade has been the increasing polariza- H.R. 503, which is intended to increase the The assets of tax exempt organizations to- tion of income in this country. To use a famil- availability of venture capital and research and taled nearly $740 billion in 1990, with real iar phrase: ``The rich have gotten richer and development funding for both new and existing growth at an average annual rate of 7.7 per- small, women, and minority-owned companies, the poor poorer.'' In fact, the gap between rich cent over the previous 8 years. These assets and poor families is now larger than at any would require all telecommunications providers accounted for 4.5 percent of private net worth to annually submit to the FCC their clear and time since the Government began compiling in the United States in 1990, up from 2.9 per- those statistics. detailed company policies for increasing pro- cent in 1979. Put another way, average income of the curement from business enterprises that are f owned by minorities and women in all cat- poorest fifth of the population has fallen from egories of procurement in which these entities INCOME EQUITY ACT OF 1995 AND 93 percent of the poverty line in 1973 to 83 are under-represented. The FCC would then MINIMUM WAGE ENHANCEMENT percent in 1987. The next poorest fifth has an report to Congress on the progress of these ACT OF 1995 average income of twice the poverty line. On activities and recommend legislative solutions the other end of the spectrum, the richest fifth as needed. HON. MARTIN OLAV SABO has an income that is almost nine times higher Mr. Speaker, last year Congress fell short in OF MINNESOTA than the poverty line. Clearly, the income gap its attempts to pave the roads of the informa- IN THE HOUSE OF REPRESENTATIVES continues to widen. tion superhighway with increased competition More single-parent, female-headed house- and, thereby, assist in promoting greater eco- Friday, January 20, 1995 holds are stuck in the bottom end of the wage nomic opportunities for more Americans as we Mr. SABO. Mr. Speaker, I believe that an in- scale. Wages for low-income and young work- head into the 21st century. This year we can crease in the minimum wage is needed to re- ers have been stagnant. These trends have ill afford to repeat our past mistakes. store equality to salaries for millions of Ameri- helped contribute to a growing class of work- While my measures do not completely solve cans. For that reason, today I am introducing ing individuals who are having a tough time the long-standing problems that confront so the Minimum Wage Amendments Act of 1995. making ends meet. This poverty is especially many forgotten entities and enterprises in our This legislation will increase the Federal mini- damaging because it hits children so hard. communities, their passage will ensure that mum wage to $6.50 an hourÐan increase that Today, an alarming one in five children live in minorities and women will have a strong role will help nearly 5 million Americans better pro- poor families. Poverty and the problems asso- in the fantastic industries of the future as both vide for themselves and their families. ciated with itÐmalnutrition, inadequate health users and providers of services. Because of In today's economy, minimum-wage workers care, disadvantages at school, and crimeÐim- this, we all stand to benefit. are often unable to support themselves for pair a child's ability to perform later in life. I strongly urge my colleagues to support one simple reasonÐthe minimum wage has Those basic problems erect barriers that make both H.R. 187 and H.R. 503. not kept up with the cost of living. In the it tough for children to ever achieve. We need f 1960's and 1970's, for example, a full-time to reverse the trend toward growing income in- year-round worker making the minimum wage STOP ABUSES OF CHARITIES’ TAX equities. earned enough to keep a family of three EXEMPTIONS My bill, the Income Equity Act, would not above the poverty line. Today that same work- only raise the minimum wage to $6.50 an HON. ROBERT MENENDEZ er falls nearly $3,500 below the poverty line. hour, but it would also limit the tax deductibility To supplement their minimum wage, workers of executive compensation to 25 times that of OF NEW JERSEY are often forced to seek assistance from tax- the lowest paid worker in the same firm. For IN THE HOUSE OF REPRESENTATIVES payer-financed Government programs such as example, if the lowest paid worker of a busi- Friday, January 20, 1995 food stamps, housing subsidies, and medical ness is the clerk who makes $10,000 a year, assistance. Mr. MENENDEZ. Mr. Speaker, Amercians the business will only be allowed to deduct Congress has tried to help. In June 1989, are the most generous people in the world, yet $250,000 in salary and bonuses for senior em- Congress passed legislation increasing the charlatans abuse tax exemptions designed to ployees. This provision simply draws attention support worthy charities. Today, I am introduc- minimum wage. Under that legislation, The 1989 Fair Labor Standards Act, the minimum to the incredible income gap present in most ing a bill to stop such abuse of American gen- businesses. Business owners will be forced to erosity. wage was raised from $3.35 to $4.25 per take a long, hard look at how they com- The Tax Exemption Accountability Act would hour. pensate both those at the bottom and those stop self-dealing by the managers of tax ex- Still, the minimum wage has not kept pace the top of the income ladder. empt organizations and put teeth into require- with the rising cost of living. In fact, the current ments that they file accurate annual returns $4.25 per hour falls almost $2.25 short of the The bottom line is that Americans who work with the IRS and make them readily available real value of the minimum wage in 1968. This full time should be able to provide for them- to the public. It also creates a national clear- failure to increase the minimum wage to a selves and their families without turning to the inghouse offering copies of returns for a rea- level that provides a living puts enormous Federal Government for assistance. Both sonable fee. pressure on social programs. In my judgment, Democrats and Republicans alike want to see The bill also would cap the compensation of all full-time workers should make enough individuals excel in the workplace. We want to officers and directors at the level of U.S. Cabi- money to live off their wages. see families living well and doing so independ- net members. Churches would continue to be From the time of President Roosevelt, a fair ent of Government intervention. A liveable exempt from filing IRS returns and from caps minimum wage helped ensure a responsible minimum wage is an essential extension of on pastors' salaries, and hospitals could still relationship between workers and manage- the work ethicÐit tells individuals that work is pay high-cost professionals. ment. Today, a fair minimum wage is critical to important and should be rewarded appro- We need greater accountability by tax ex- millions of working Americans. More than two- priately. empt organizations because they control sub- thirds of minimum-wage workers are adults, Mr. Speaker and Members of the House, I stantial public wealth that offers a temptation and it is estimated that one in five minimum- hope you will join me in supporting an in- some have been unable to resist. wage workers live below the poverty line. crease in wages for working Americans. E 144 CONGRESSIONAL RECORD — Extensions of Remarks January 20, 1995 NORTH ST. VRAIN PROTECTION the South St. Vrain. That is why it is important ment, if it is so written, should be part of a ACT to prohibit dams on this wild stream. shift in the underlying philosophical The bill also would direct the National Park premise—one of several that I expect we will HON. DAVID E. SKAGGS Service to negotiate with the city of Longmont see—to accompany this change in thinking, to acquire the city lands that would have been this third wave. OF COLORADO We are rediscovering the understanding IN THE HOUSE OF REPRESENTATIVES used for the city's now-abandoned plan for a that it is not ethical to expect some future dam. The lands are located within the park Friday, January 20, 1995 generation to pay for you, that the moral boundaries but not owned by the Federal Gov- thing to do is to pay your own way as you Mr. SKAGGS. Mr. Speaker, today, I am ernment. Another provision of the bill would di- go. And so, within that context, I expect that again introducing a bill to protect North St. rect the Forest Service to pursue negotiations we will be balancing our budget. Vrain Creek, the largest remaining roadless for a proposed land exchange involving other There are other ethical and philosophical canyon along Colorado's Front Range. This Longmont lands in Coulson gulch, along a trib- shifts which I think will accompany that. bill was almost enacted last year when it was utary of the creek in the adjoining national for- Another thing that I think you’ll see in- approved by the House and reported by the est. creasingly discussed in line with this is a flat Senate Committee on Energy and Natural Re- This legislation itself is the heart of a larger tax proposal. The reason being that I think that you’re going to see a redefinition of sources. Unfortunately, the full Senate did not package of policies and agreements that will what constitutes fairness. Fairness will no protect the distinctive natural features of this have time to consider the bill before the end longer be taking more money from some peo- of the session. area, while assuring the continued enjoyment ple that you do from others because they This legislation will prevent construction of of privacy and productivity by local landowners have more, but fairness will be that all dol- new dams on the North St. Vrain Creek as it and water users. I will again seek to win com- lars are taxed the same, and it is up to you flows through Rocky Mountain National Park mittee approval of report language, rec- to decide how much you’re doing to earn, and the Roosevelt National Forest, and will ommended by the advisory committee, to clar- and therefore, how much you’re going to clear up public land ownership along the ify various points. pay. creek. The North St. Vrain should be kept free The North St. Vrain Creek is located 20 That goes hand in hand with another idea: of additional dams and impoundments for all miles northwest of Boulder. It is the primary judge programs by their results, not by their times. This is some of the best meeting of stream flowing from the southeastern portion intentions. The intentions of a progressive tax, for example, are well-intended, but the land and water we have in ColoradoÐand that of Rocky Mountain National Park, arising in snowfields near Longs Peak, and tumbling results are not necessarily, in terms of reve- is saying a lot. nue, what one would hope. The bill incorporates the recommendations through waterfalls and cascades in the Wild Similarly, in terms of most of our welfare of a citizens' advisory committee, which I ap- Basin area of the park. After leaving the park, programs, we have judged people by the pol- pointed in conjunction with the Boulder County the creek cuts a narrow, deep canyon until it icy of good intentions, and the politics of Commissioners, and which spent over 5 years reaches Ralph Price Reservoir. To watch and good intentions. In part, I think it is because developing a consensus proposal on how to listen to the creek's falls, either in the park or the left has always assumed that with suffi- protect the creek and canyon while protecting downstream in the forest, is to stand silent in cient will, anything can be changed. And so, local property and water rights. wonderÐnot just because it is difficult to be it becomes a question of having enough will, This bill represents an astonishing amount heard above the roar, but also because just enough good intention. And that’s part of the reason that people who don’t share that of work by ColoradansÐespecially the 50 peo- watching and listening to the water is the best of conversations. will and that intention are castigated and ple who took part in 103 advisory committee vilified so thoroughly. They are clearly ob- meetings and performed over 300 hours of The watershed includes habitat for bighorn sheep, deer, elk, peregrine falcons, structing the progress that is inevitable. independent research. Another 600 people at- A third area where you could see real tended 12 public hearings on the proposal. flammulated owls, and mountain lions. It also change in the underlying philosophy, and I With the work that is already been done by all provides popular hiking, fishing, and hunting certainly hope that we will, is that you will these people to produce this consensus, I terrain relatively near some of Colorado's larg- see that all Americans are treated first as hope it will be possible to move this bill er cities. Americans, not as members of groups, not as through Congress quickly and early in this I introduce this legislation not only with a members of economic classes or particular session and not disappoint them again. belief in the importance of protecting the North races or genders. But we have to go back to St. Vrain, but also with a firm conviction that the idea that we are all Americans, and that The legislation would prohibit any Federal this is a land of possibility. And it is stupid agency from approving a new dam or res- the hundreds of Coloradans who have worked on its protection have crafted a sound and ef- to have higher taxes on one group than on ervoir on the North St. Vrain Creek or its tribu- fective consensus. this is a good bill, a clear another, because ultimately, we are not a taries in Rocky Mountain National Park, or on static society. and simple proposal, which has strong support the main stem of the creek below the park and And we need to return to that notion that among the people in the area. above Ralph Price Reservoir, in the Roosevelt we are all equal as citizens. National Forest. f That all falls within the context of a reemphasis on the civil society. I think that The advisory committee originally rec- SPEECH BY HEATHER HIGGINS ommended prohibiting dams just on the you’re going to find that reemphasis taking place, in large part, because the understand- stretch of the creek below the park. However, HON. NEWT GINGRICH ing is going to come about that capitalism at a special town meeting I held in Allenspark, OF GEORGIA can never have a human face. No economic CO, to hear comments on the advisory com- IN THE HOUSE OF REPRESENTATIVES system can. No government can. Only human mittee's recommendation, I received sugges- beings can have human faces. And that radi- Friday, January 20, 1995 tions that the prohibition on dams also apply cally will shift how we structure our activi- within the national park. After getting agree- Mr. GINGRICH. Mr. Speaker, this speech by ties and our organizations. ment from advisory committee members, I Heather Higgins was delivered at the Progress So, for example, I think that one of the agreed that the change is an improvement. and Freedom Foundation's Conference on De- most exciting facets of this change to a third To some, I suppose this prohibition might mocracy in Virtual America, held on January wave is the Jeffersonian vision which re- 10, 1995. Heather Higgins is a senior fellow at quired a small community to function when appear to be redundant to existing national he was writing, now becomes technically park protection. However, dams are not cur- the Progress and Freedom Foundation and possible in a much larger society. rently prohibited in the national park, just as the executive director of the Council on Cul- You also will find, for example, within that they are not in the national forest. With the in- ture and Community in New York. I commend vision, a shift away from the ideas of entitle- evitable pressure to supply more water for the it to my colleagues. ments and rights, which are not, and never Denver metropolitan area, it is possible that Regarding the balanced budget amend- have been rights at all, to an idea of moral there will be new proposals for smaller water ment, I would commend to all of you a piece obligation, which is a much higher calling. supply projects all along the Front Range to that Milton Friedman had in the Wall Street And I think that that is where your human meet future urban water needs. As recently as Journal earlier this week, pointing out that face will start to come in. not all balanced budget amendments are And you will find, too, that compassion 1979, the city of Longmont considered building equal, that some are singularly pernicious, if will be properly defined as an individual ac- a dam on the North St. Vrain Creek that would they do not have the necessary constraints tivity, not as a societal or governmental ac- have inundated part of Rocky Mountain Na- attached. tivity which, by definition, becomes a con- tional Park. And, in the early 1980's, we had I would hope that we would have a bal- tradiction in terms, and as far from compas- to deal with the proposed Coffintop Dam on anced budget, and a balanced budget amend- sion as one can possibly get. January 20, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 145 TURKEY’S ASSAULT ON HUMAN R. ``Sally'' Simmons who was recently chosen to sign a contract with the American people to RIGHTS CONTINUES Tucson's Woman of the Year for 1994. This give them less government, less taxes, and award, given by the Tucson Metropolitan less spending. As part of our new covenant HON. CHRISTOPHER H. SMITH Chamber of Commerce, recognizes outstand- we also promised the American people a more OF NEW JERSEY ing individuals who have selflessly helped oth- open and accountable Government. IN THE HOUSE OF REPRESENTATIVES ers. We have invited radio talk show hosts to the Through her career and dedication to the Capitol to communicate to their listeners ex- Friday, January 20, 1995 community, Sally Simmons is both a role actly what it is we are doing to keep our prom- Mr. SMITH of New Jersey. Mr. Speaker, model and an inspiration to those around her. ises. I am excited to report that they are taking over the years the Helsinki Commission has In 1993, she became the first Tucson woman us up on our invitation. closely monitored human rights developments and second woman ever to become president I want to welcome southern California radio to Turkey. I have supported Commission ef- of the Arizona Bar Association. She is also a talk show host Roger Hedgecock and almost forts and have joined my colleagues in speak- partner in the firm of Brown & Bain, where she 200 of his listeners who traveled at their own ing out about suppression of free speech, tor- specializes in real estate law. expense, more than 3,000 miles to hold our ture, and fundamental human rights questions In addition to her thriving career, Ms. Sim- feet to the fire and make sure that we work to concerning Turkey's Kurdish citizens. As the mons contributes her personal time to various pass the Barton balanced budget amendment. new Chairman of the Commission, I will con- boards and community organizations. She I am heartened to see such a devoted tinue to speak out on these and other such serves on the Board of Directors for Southern group of citizens travel so far to enjoy a more developments. Arizona Legal Aid, D±M 50, Lawyers Against open and accountable Congress committed to I rise today to protest the arrest of seven Hunger, and is on the advisory board of keeping its word. leaders of the Human Rights Association of Tucsonians for a Drug Free Workplace. Ms. They understand a balanced budget amend- Turkey's Diyarbakir branch. Prosecutors want Simmons is a charter member of the Arizona ment will fundamentally change the way Gov- to jail these individuals for no less than 10 Women Lawyer's Association and has served ernment works. They know that this amend- years on charges that a publication they pro- on the board of the Alcoholism Council of Tuc- ment is the only way to ensure that their chil- duced which documented human rights cases son. dren and grandchildren will not be saddled constitutes ``separatist propaganda.'' One of Again, I would like to take this opportunity to with a Federal debt which is currently tipping those detained, Neymetullah Gunduz, an attor- congratulate Ms. Simmons and especially to the scales at more than $4.5 trillion. ney and association leader, had met with thank her for all she is doing to improve the The American people know that it is time for members of a Helsinki Commission delegation lives of the people of Tucson and throughout the Federal spending beast to change its eat- last October. Just weeks ago, several other Arizona. ing habits. As with any healthy diet, discipline human rights leaders were acquitted of similar f is key. The balanced budget amendment im- charges. Mr. Speaker, international scrutiny poses just that kind of control. has and should continue to focus on these PROCLAMATION CONGRATULATING Anyone who has ever been on a diet knows draconian speech restrictions and other THE STEUBENVILLE MASONIC that the key to success is resisting the tempta- human rights problems which continue to tar- LODGE NO. 45 tion to cheat. The three-fifths rule in the Bar- nish Turkey's democratic credentials. ton amendment will help Congress resist the For years now, Human Rights Association HON. ROBERT W. NEY temptation to cheat by making it more difficult members throughout Turkey, but especially in OF OHIO to raise taxes on hard working Americans. It the southeast, have been harassed, gunned IN THE HOUSE OF REPRESENTATIVES will make it tougher for Congress to continue down, and have had their offices forcibly Friday, January 20, 1995 its unhealthy spending habits. closed. The Diyarbakir branch was the last al- I urge my colleagues to support the Barton lowed by authorities to function in the region, Mr. NEY. Mr. Speaker, I commend the fol- amendment and Roger Hedgecock's listeners and now, it too has been silenced. Mr. Speak- lowing article to my colleagues: to continue holding our feet to the fire. Whereas, the Steubenville Masonic Lodge er, the deteriorating human rights situation fac- f ing residents of southeast Turkey can only be #45 F. & A.M. has contributed untold volun- described in terms of fear and violence. The teer hours in building character, citizenship, and leadership in this community; and, TRIBUTE TO EDDY JASON freedoms and liberties of all citizens have Whereas, the Steubenville Masonic Lodge been stripped in an effort to fight terrorism, #45 F. & A.M. is celebrating 175 years of serv- and residents are victimized by both terrorist ice to the area’s Masons and community; HON. TOBY ROTH and security forces. and, OF WISCONSIN Mr. Speaker, Turkish leaders have ex- Whereas, members have made in kind con- IN THE HOUSE OF REPRESENTATIVES pressed dismay at efforts to slow Turkey's in- tributions of service, financial contributions Friday, January 20, 1995 tegration into the European Union, and yet to the Steubenville area, contributions to that Government has continued to pursue poli- the Special Olympics, and to other impor- Mr. ROTH. Mr. Speaker, last weekend one tant needs of the community; and, of our communities lost a vibrant personality cies contrary to accepted international human Whereas, the local Masonic Lodge has ex- rights norms. Their protests about congres- tended the interest of the Masonic Order and talented broadcaster. Eddy Jason, whose sional conditioning of U.S. aid on human rights within this community; and, radio program was an important part of daily performance ring equally hollow given the fla- Whereas, the members of schools, church- life in Green Bay, WI, passed away at the age grant disregard for Turkey's stated human es, service clubs, union organizations, and of 92. rights commitments, including those under- others have been members of the Masonic For 47 years, Eddy entertained, comforted, taken with the Organization for Security and Order; and, and informed listeners on WGEE radio with Cooperation in Europe. Whereas, the city of Steubenville and all his daily show, ``Partyline.'' He was a lifeline to the surrounding areas of Ohio are better people in the community, who counted on him Mr. Speaker, I call upon the Government of places to live because of Steubenville’s Ma- Turkey to immediately drop its case against sonic Lodge #45, we join in the celebration of for news, information, and just plain old ad- the seven activists and to release all those po- their 175 year anniversary on the twentieth vice. He possessed an amazing amount of litical prisoners who presently languish in day of January in 1995. common knowledge and common sense. Turkish prisons simply for expressing their f There wasn't any question he couldn't answer. opinions. He played a special role for many seniors in f HOLDING OUR FEET TO THE the area, who turned to him every weekday at FIRE—THE BALANCED BUDGET 9 a.m. for the latest word on current events TUCSON’S WOMAN OF THE YEAR AMENDMENT and happenings around town. His off-the-air personality was also geared HON. ED PASTOR HON. RON PACKARD toward helping his community. He was a regu- OF ARIZONA OF CALIFORNIA lar participant in my annual senior seminar, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES kicking off the proceedings with the Pledge of Allegiance or a brief presentation. Friday, January 20, 1995 Friday, January 20, 1995 He was a household name in the Green Mr. PASTOR. Mr. Speaker, I would like to Mr. PACKARD. Mr. Speaker, several Bay area and enjoyed the recognition. On the take this opportunity to congratulate Ms. Sarah months ago I joined my Republican colleagues street, he was probably more recognizable by E 146 CONGRESSIONAL RECORD — Extensions of Remarks January 20, 1995 his voice than his face, but people felt like in Korea but did not receive the requisite cam- who are being victimized by this program, the they knew him. Eddy was an exercise walker, paign medal or badge because of narrow very program that was intended to bring them and his routine consisted of walking one way DOD eligibility criteria. Consequently, those relief. and busing back. He said he took the bus be- service men and women are not eligible to join In general, this measure contains the follow- cause he enjoyed getting to know people. the VFW. ing proposals: A native of New York, he loved Green Bay The VFW believes, and I agree, that those First, new eligibility standards. A miner and always spoke highly of its friendly, hard- veterans who would be covered by this legis- would be presumed to be totally disabled by working people. In 1941, Eddy spent 6 years lation should be eligible to enjoy membership black lung if the miner presents a single piece as a military instructor in the Army. He re- in the VFW. Only Congress can make this of qualifying medical evidence such as a posi- turned to Green Bay in 1947 as a young actor, change, because the VFW's congressional tive x ray, ventilatory or blood gas studies, or whose profession had already led him to Chi- charter must be amended. a medical opinion. The Secretary of Labor cago and Hollywood, where he starred in a Mr. Speaker, the realities of the United could rebut the presumption of eligibility only if number of silent films. States military presence in Korea, and the cur- he can show that the miner is doing coal mine Eddy made his mark in Wisconsin in the rent dangers there provide compelling reasons work or could actually do coal mine work. Town Hall Players, an acting group based in to support the VFW's desire to amend its Second, application of new eligibility stand- LaCrosse that made more than 300 appear- charter, I strongly urge all Members to co- ards. The new standards would apply to all ances across the State. Eddy fondly remem- sponsor and support this bill. Thank you, Mr. claims filed after enactment of the Black Lung bered the job's best fringe benefitÐthe free Speaker. Benefits Act of 1991. All pending claims, and meal offered at many of the engagements. f claims denied prior to enactment of the Black Eddy broke into Green Bay radio with a Lung Benefits Act of 1991 would be reviewed noon-time program called ``The Farm Hands'' REFORM OF THE FEDERAL BLACK under the new standards. that broadcast from the top of the Bellin Build- LUNG PROGRAM Third, elimination of responsible operators. ing. Every day the show was kicked off by a All claims would be paid out of the coal indus- live, barking dog. It was less than glamorous HON. NICK J. RAHALL II try financed black lung disability trust fund. but he reveled in radio. OF WEST VIRGINIA The purpose of this provision is to eliminate ``Partyline'' debuted in November 1948 on IN THE HOUSE OF REPRESENTATIVES coal operators as defendants in black lung WBAY Radio. With partner Roger Mueller, cases and the advantage they have over Eddy began a Green Bay tradition of on-the- Friday, January 20, 1995 claimants by being able to afford to pay legal air storytelling, joking, and reporting. Mr. RAHALL. Mr. Speaker, today, I am re- counsel. Eddy Jason had no plans to retire. He loved introducing legislation that I have sponsored Fourth, widows/dependents. A widow or de- his job and his coworkers. He didn't even con- for several Congresses now to form the Fed- pendent of a miner would be awarded benefits sider his radio show work. He called it a eral Black Lung Program. if the miner worked 25 years or more in the hobby. This legislation reflects the frustration of mines; the miner died in whole or in part from He was on the air 5 days a week and never thousands of miners and their families with the black lung; the miner was receiving black lung missed a wedding anniversary or birthday an- extremely adversarial nature of the current benefits when he died; or medical evidence of- nouncement. program as administered by the Labor Depart- fered by the miner before he died satisfies Eddy Jason will be remembered by many as ment. new eligibility standards. Widows who are re- not just a broadcasting pioneer, but as an out- As it now stands, disabled miners who suf- ceiving benefits and who remarry would not be standing human being who cared deeply fer from the crippling effects of black lung dis- disqualified from continuing to receive the ben- about the community where he lived and ease are faced with a Federal bureaucracy so efits; and, a widow would be entitled to re- worked. totally lacking in compassion to their plight, ceive benefits without regard to the length of Our thoughts and prayers today are with his that it appears intent upon harassing their ef- time she was married to the miner. son, Wallace McDonald, his six grandchildren, forts to obtain just compensation at every sin- Fifth, offsets. The practice of offsetting a and 16 great-grandchildren. gle step of the claim adjudication process. miner's Social Security benefits by the amount After 47 years, the airwaves will seem a lit- In fact, today, we are witnessing less than of black lung benefits would be discontinued. tle empty without Eddy Jason's kind voice. For a 10-percent approval rate on claims for black f years to come, the people of Green Bay will lung benefits. not be able to turn on their radios without This figure does not attest to any reason- TURKEY: HERE WE GO AGAIN thinking of him. He will be fondly remembered able and unbiased comportment of the facts. and sincerely missed. Rather, it represents nothing less than a HON. STENY H. HOYER f cruel hoax being perpetrated against hard OF MARYLAND working citizens who have dedicated their IN THE HOUSE OF REPRESENTATIVES VFW CHARTER AMENDMENT lives to the energy security and economic well-being of this Nation. Friday, January 20, 1995 HON. BOB STUMP The original intent of Congress in enacting Mr. HOYER. Mr. Speaker, last October, the OF ARIZONA legislation to compensate victims of black lung Chairman of the Helsinki Commission, Dennis IN THE HOUSE OF REPRESENTATIVES disease was for this to be a fairly straight- DeConcini, lead a delegation to Turkey to ex- forward program. This intent has been de- amine human rights issues in that country. Friday, January 20, 1995 feated by years of administrative While in Diyarbakir, the largest city in the pre- Mr. STUMP. Mr. Speaker, today I am intro- maneuverings aggravated by some extremely dominantly Kurdish southeast, delegation ducing legislation to amend the Congressional harmful judicial interpretations. Under this bill, members visited the offices of the local Charter of the Veterans of Foreign Wars of the we will return to a program that reflects the Human Rights Association [HRA] branch. The United States [VFW]. My good friends SONNY statutory commitment Congress, and indeed, delegation had met with HRA leaders in An- MONTGOMERY, and JERRY SOLOMON, former the Nation, made to compensate these coal kara and the Helsinki Commission has often chairman and former ranking Republican miners and their families. worked with the HRA and has found its publi- member of the House Committee of Veterans' Make no mistake about it. Victims of black cations extremely useful and reliable. Affairs respectively, join me in introducing this lung disease are not people who are looking While meeting with the Commission delega- bill. It provides that veterans who have served for a handout. tion, HRA leaders explained how the organiza- in the Republic of Korea for not less than 30 They are people who worked their lives in tion's members operated at great risk to their consecutive days, or a total of 60 days after one of the most dangerous occupations in this personal safety. HRA members around the June 30, 1949, would become eligible for country. country, but especially in the southeast, face VFW membership. They are people who were promised com- constant danger and persecution. Dozens of Now, only veterans of Korea who served pensation by their Government. And they are activists had been threatened, kidnaped, mur- during the war itself are eligible to belong to people who now see their Government break dered and disappeared with the collusion of the VFW. The VFW's congressional charter that promise. security forces. The Diyarbakir HRA branch requires its members to have received a cam- It is time, indeed, long past the time that was the only office in 10 state of emergency paign medal or badge to be eligible for mem- Congress move legislation on behalf of the provinces allowed to remain open. HRA lead- bership. However, many veterans have served thousands of miners, their widows and families ers believed authorities wanted to use the January 20, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 147 open office to demonstrate their tolerance of to seek a better life for himself and escape the inevitable our internal debates or expressions human rights organizations. Now, even that racism and prejudice of his native South. Un- may be for domestic issues, we simply cannot Potemkin village has been pulled down by au- fortunately, as an African-American, he did not continue to apply many voices to foreign af- thorities bent on eradicating all criticism of find the California of the thirties much better. fairs. Our goal in foreign affairs is to positively Kurdish polices. Arriving in a nearby community, he saw a sign influence and shape foreign situations to our Mr. Speaker, last Tuesday, seven leaders of that read, ``We don't serve coloreds here''. But benefit. That is so whether it is a trouble spot the HRA chapter in Diyarbakir were arrested instead of traveling on, Mr. McBride chose to in Chechnya, North Korea, Bosnia, or Iraq. It and charged with disseminating separatist remain. He recently told a Los Angeles Times is so for whatever type of situationÐbe it im- propaganda. Prosecutors are seeking jail sen- reporter, ``I decided I had to stop and fight pending trouble or opportunityÐthat may arise tences of more than 10 years for these activ- somewhere. And I decided Long Beach was somewhere else. ists because of their publication which detailed where I was going to stop.'' human rights cases in 1992. One of those Mr. McBride's determination to stay in Long That influence cannot serve U.S. interests, now in prison awaiting trail is Neymetullah Beach turned out to be a decision which has however, if it is founded on, and bespeaks, di- Gunduz, an attorney who met with members benefited many people. He fought prejudice visive and often petty partisan agendas. This of Chairman DeConcini's delegation and who and injustice wherever he saw itÐnot through is especially so when those agendas derive visited the Helsinki Commission in 1993 while violence and hatred, but with an attitude of de- from domestic interests having little relevance on a USIA grant. Mr. Gunduz is highly re- termination and dignity. In 1932, he was hired to the situation. So doing confuses us. It con- garded and is considered a dedicated human as a grocery store janitor. Over the 8 years fuses our constituents. It confuses foreign rights lawyer and reliable source of information that he worked there, his requests for a raise leaders who look to what we say and do to concerning rights abuses by both the Govern- were continually turned downÐuntil he orga- formulate their own policies and reactions. ment and the PKK. nized his fellow workers and eventually won a Confusion about what we are doing, or are Mr. Speaker, just recently the Government raise and a shorter workweek. likely to do, simply from too many voices, can abandoned a similar case brought against a In the early 1940's, when a union at the itself harm the situation, can increase the dan- group of well known Turkish activists. The Long Beach Naval Shipyard refused to allow gers. Ultimately, many voices confuseÐand move was widely hailed as a positive develop- African-Americans to join, Mr. McBride round- dissipateÐour ability to shape our national fu- ment in an otherwise bleak human rights pic- ed up 180 people to petition President Frank- ture relative to other countries. I submit to you ture. What this new case seems to indicate is lin D. Roosevelt. The President responded by that the more we cast about in the eddies and that the recent acquittal stands merely as an ordering the union to allow minorities to join or swirls of partisanship, blown hither and yon by aberration as opposed to a genuine effort to face losing its status as a bargaining agent. polarization and parochialism, the more we will dismantle restrictions on free expression. I As Dr. King began garnering national atten- have said it before, and I reemphasize it now, tion with his nonviolent efforts to end discrimi- seem to lack any overarching, unifying vision Turkey cannot be considered a truly demo- nation and prejudice, Mr. McBride led picket- at all for what we want our own future to be. cratic nation as long as individuals like ing against local grocery stores that refused to A ship that has no clear port of embarkation, Neymettulah Gunduz, Mehdi Zana, Halit hire blacks and pressured Long Beach city no compass, no rudder, and no articulated Gerger, former parliamentarians and other are leaders to open up more jobs for African- destinationÐhow can it ever arrive? How can jailed for exercising their rights to free expres- Americans. He organized a student revolt at a we even begin to advance on our national sion. Long Beach high school that forced school of- goals of peace and security when they are not Mr. Speaker, a recent commentary in a ficials to abandon minstrel shows and to drop what we have set before us? large Turkish daily purports that the Govern- a textbook that depicted African-Americans Colleagues, we must get beyond our par- ment has spent five times more money fight- only as slaves. tisan differences. Our higher order national in- ing terrorism than on the giant GAP water Mr. McBride cofounded the Long Beach terests and visionsÐspoken with one voiceÐ project supposed to be the cornerstone of de- chapter of the National Association for the Ad- must guide. Random undertow denies our velopment in southeast Turkey. Tens of bil- vancement of Colored People [NAACP], and choices, traps us. Our foreign goals, policies, lions of dollars have been used to institute his house was often the chapter's gathering strategies and objectivesÐindeed the effects policies which have left the region more dev- place where members discussed strategies for of all those on our future national securityÐ astated than ever and its population more re- desegregating housing, ending discriminatory simply cannot be left to such chance. We can- sentful than ever. Meanwhile, Turkey contin- hiring practices, and ridding local schools of not permit our end points to forever recede. ues to fact mounting economic and political racially-biased textbooks. Instead, we must together do the hard work crises tied directly to failed Kurdish policies. Recently, Mr. McBride's home of many Unless Turkish leaders bit the bullet and seek yearsÐa modest bungalow which he pur- of shaping foreign policy, and decide our strat- political approaches to the Kurdish situation, chased in the 1940's despite racially restrictive egy, for the reasons that are relevant to the there can be no hope for peace, prosperity or covenants and neighbors who petitioned to specific situations at hand. We must begin the democracy in Turkey. As a friend and ally of keep him outÐwas declared a historical land- process with accurate and expert estimates of Turkey, such a dismal prognosis can bring no mark by the city council in honor of Mr. those situations, and how they might be af- happiness to anyone in this country either. McBride's dedicated efforts to make our com- fected by various events and courses of ac- f munity a place that welcomes and encourages tion. Our support for this work must come not peoples of all races. from vested parochialism, but from U.S. intel- SALUTE TO A CIVIL RIGHTS PIO- After the city council's unanimous vote, ligence agencies that we fund for this very NEER—ERNEST MCBRIDE OF Long Beach City Council Alan S. Lowenthal, purpose. LONG BEACH, CA said, ``It's certainly too bad we can't designate An additional point may pertain here. These Ernie and his late wife Lilly as a historic monu- agencies, as we speak, are reviewing and HON. STEPHEN HORN ment. He really is the landmark.'' adaption their own visions, goals, and the or- OF CALIFORNIA Today I honor Mr. McBride and thank him. ganizations and processes that should flow IN THE HOUSE OF REPRESENTATIVES He stands as a model of the good that one from those. They are doing so to more effec- Friday, January 20, 1995 manÐwith dedication and compassionÐcan tively meet requirements that we and others accomplish for the generations to come. Mr. HORN. Mr. Speaker, I rise today, during place before them. In envisioning their future this week in which we commemorate the life f uses, purposes, character, and attributes, and legacy of the Reverend Dr. Martin Lurther OUR FOREIGN POLICY REQUIRES these agencies surely are telling themselves King, to honor a gentleman from my District, BIPARTISAN CONSENSUS BASED ``if we don't know where we are to be, then we California's 38th, Mr. Ernest McBride, whose ON SOUND INTELLIGENCE won't get there.'' Clearly, in better defining life and work embody the spirit and intent of Dr. King's message. Throughout his half cen- HON. STEVE GUNDERSON tury of residency in our community, Mr. OF WISCONSIN McBride has been a crusader for civil rights IN THE HOUSE OF REPRESENTATIVES and racial justiceÐand our community is a much better place for his dedication. Friday, January 20, 1995 Mr. McBride, who is now 85 years of age, Mr. GUNDERSON. Mr. Speaker, our foreign moved to southern California when he was 21 policy must be bipartisan. However useful or E 148 CONGRESSIONAL RECORD — Extensions of Remarks January 20, 1995 their place in the coming decades, they are SUBMISSION OF BIPARTISAN BAL- Rules Committee report a rule bringing House bound between funding realities and the quick- ANCED BUDGET AMENDMENT Joint Resolution 1 to the floor under a ``queen ly changing global situations we need them to FOR PRINTING of the hill'' process in which the substitute that monitor ever more astutely. Their leadership receives the most votes in the Committee of surely knows that to do this, any mere perpet- HON. DAN SCHAEFER the Whole would be reported to the House. uation of vested bureaucratic interests can no OF COLORADO For this reason, Representative SCHAEFER is longer justify them. Circumstances are com- submitting the text of the bipartisan, bicameral pelling them to thoughtfully chart their future. HON. CHARLES W. STENHOLM amendment in the form of a substitute. We un- They must now navigate with the compass of OF TEXAS derstand the Rules Committee may also con- a clear, overarching, well-articulated, and IN THE HOUSE OF REPRESENTATIVES sider reporting a rule that provides for consid- broadly understood vision of what they will be Friday, January 20, 1995 eration of House Joint Resolution 1 and and what they will do to serve national secu- House Joint Resolution 28 as separate free- rity. They recognize that their success at relat- Mr. SCHAEFER. Mr. Speaker, in anticipa- standing bills. This process would ensure ing their means to that end is the standard by tion of the debate on the balanced budget clean votes on both proposals without forcing which we ultimately will judge them. amendment next week, we are submitting the Members to choose between two popular My colleagues, can we fairly ask less of our- text of House Joint Resolution 28, the biparti- amendments and maximize the chances of selves? I submit there is a lesson in some of san, bicameral balanced budget amendment passing a balanced budget amendment. In this for how we carry out our own tasks in for- that we have introduced with 143 other Mem- this event, we are submitting the text of House eign affairs and national security. As is true for bers, to be printed in the RECORD for Members Joint Resolution 28. our intelligence agencies, our efforts must rise to review. House Joint Resolution 28 is iden- We look forward to the debate on the bal- above our own bureaucracy. We must look tical to Senate Joint Resolution 1 introduced anced budget amendment next week. We en- beyond the affiliations and vested interests OB OLE by Senate Majority Leader B D . We are courage all members to participate in this de- that are poised to cast us about without aim, submitting our language both in the form of a bate and vote to send the balanced budget reduce our successes, invite failures, trap us. substitute to House Joint Resolution 1, the amendment to the Senate and the States. So for us too, the context of our foreign policy balanced budget amendment reported by the pursuit can only beÐmust beÐour larger, en- House Judiciary CommitteeÐauthored by H.J. RES. 28 during goals. These are what unite us as one Representative SCHAEFERÐand as a free- Resolved by the Senate and House of Rep- country. I submit that bipartisanship is abso- standing billÐHouse Joint Resolution 28. resentatives of the United States of America in lutely essential to furthering those goals and This language is the product of years of Congress assembled, That the following article attaining those attributes that make us one. hard work by numerous Members of the is proposed as an amendment to the Con- f House and Senate on both sides of the aisle. stitution of the United States, which shall be valid to all intents and purposes as part of Senator LARRY CRAIG had an instrumental role CONGRESSIONAL ACCOUNTABILITY the Constitution when ratified by the legis- in developing this amendment when he was a ACT latures of three-fourths of the several States Member of the House, and continues to play within seven years after the date of its sub- a leadership role in the Senate. Former Rep- mission to the States for ratification: HON. SHEILA JACKSON-LEE resentatives Bob Smith of Oregon, Tom Car- OF TEXAS per, Jon Kyl, Jim Moody, Olympia Snowe, Jim ARTICLE — IN THE HOUSE OF REPRESENTATIVES Inhofe, as well as current House Members SECTION 1.—Total outlays for any fiscal year shall not exceed total receipts for that Friday, January 20, 1995 JOE KENNEDY, MIKE CASTLE, L.F. PAYNE, and fiscal year, unless three-fifths of the whole Ms. JACKSON-LEE. Mr. Speaker, I rise in NATHAN DEAL have made contributions to the number of each House of congress shall pro- support of this legislation. We all agree that effort. On the Senate side, Senators ORRIN vide by law for a specific excess of outlays Congress can no longer exempt itself from the HATCH and PAUL SIMON have provided leader- over receipts by a rollcall vote. legislation it passes. Compliance with such ship on this amendment. Senators STROM SECTION 2.—The limit on the debt of the legislation by the rest of this Nation's citizens THURMOND, PHIL GRAMM, HOWELL HEFLIN, and United States held by the public shall not be is mandatory. This congressional body moved PETE DOMENICI, as well as former Senator increased, unless three-fifths of the whole forward to pass H.R. 1 on the opening day of Dennis DeConcini have also been actively in- number of each House shall provide by law for such an increase by a rollcall vote. legislative business for the 104th Congress by volved in developing this amendment. The amendment has been improved over SECTION 3.—Prior to each fiscal year, the an overwhelming vote of 429 yeas. Now we President shall transmit to the Congress a are left to consider the Senate-passed version the years based on the advice of constitutional proposed budget for the United States Gov- of this same bill. What a great opportunity for scholars, budget experts, other Members of ernment for that fiscal year, in which total reform. Congress, and others. Changes were made in outlays do not exceed total receipts. But do not let the Republican leadership fool the amendment to address criticisms that were SECTION 4.—No bill to increase revenue you into thinking that the Congressional Ac- raised in the numerous hearings on the shall become law unless approved by a ma- countability Act is a pillar of Republican re- amendment. This review process has pro- jority of the whole number of each House by form. As a freshman Member, I must contin- duced an amendment that is workable, flexi- a rollcall vote. ble, and enforceable. SECTION 5.—The Congress may waive the ually do my homework. I am fully aware that provisions of this article for any fiscal year this reform effort was attempted in the 103d House Joint Resolution 28 meets the con- in which a declaration of war is in effect. Congress. This legislation passed the House stitutional standards of simplicity and support The provisions of this article may be waived but was held up by the Republicans in the by a broad consensus of the American public. for any fiscal year in which the United Senate. Why would the Senate block passage It would require the President to submit and States is engaged in military conflict which of this legislation in the 103d and pass it with- Congress to enact a balanced budget begin- causes an imminent and serious military out reservation in the 104th? Because they did ning in 2002, unless three-fifths of both threat to national security and is so declared not want President Clinton to sign this reform Houses vote to authorize a deficit. A three- by a joint resolution, adopted by a majority into law, giving Democrats the credit for re- fifths vote would be required to raise the debt of the whole number of each House, which becomes law. form-oriented policies. We now know that the limit. The amendment would make it more dif- SECTION 6.—The Congress shall enforce and Republicans were working hard for 2 years to ficult to raise taxes by requiring a constitu- implement this article by appropriate legis- build a platform for the 1994 mid-term elec- tional majority to pass bills increasing taxes. lation, which may rely on estimates of out- tions by halting action on important pieces of The amendment would be waived in the event lays and receipts. legislation in the Senate. Let us give credit to of a declared war, and could be waived in the SECTION 7.—Total receipts shall include all good ideas where credit is due. event of a military conflict that posed an immi- receipts of the United States Government ex- And while we are revisiting this corrective nent and serious threat to national security. cept those derived from borrowing. Total measure, why not look more closely at a pro- The amendment would allow Congress to use outlays shall include all outlays of the Unit- ed States Government except for those for vision the Senate has added for itself concern- estimates in planning budgets, but would re- repayment of debt principal. ing frequent flier miles? This issue has not re- quire a balance of actual outlays against ac- SECTION 8.—this article shall take effect ceived enough attention from this congres- tual receipts. beginning with fiscal year 2002 or with the sional body. I urge further dialog and consider- We understand that Rules Committee Chair- second fiscal year beginning after its ratifi- ation of these reform measures as well. man GERALD SOLOMON has indicated that the cation, whichever is later. January 20, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 149 HONORING DR. JAMES GLOVER Elks, trustee of Peoples Bank, and has been States introduced the concept of parens SITES honored by Jericho with a Humanitarian patriae or a system that might act in the inter- Award. ests of the child. By 1925, all but two States HON. THOMAS M. DAVIS Mr. Speaker, on Friday the 20th of January had juvenile courts separate from adult courts. OF VIRGINIA a reception will be held in honor of Mr. Dinn As long as this system was dealing with kids IN THE HOUSE OF REPRESENTATIVES and I would ask that my colleagues join me in who used bad language and shoplifted, the saluting, Mr. Charles W. ``Bill'' Dinn as the Friday, January 20, 1995 system got by. 1995 Grand Marshall of the Holyoke St. Pat- In the 1960's and 1970's, with escalating Mr. DAVIS. Mr. Speaker, it gives me great rick's Day Parade. rates of juvenile crime, new standards for ju- pleasure to rise today to honor a man who f venile justice were developed with an empha- has given so much for his community, Dr. CONSEQUENCES IN SENTENCING sis on placing juveniles in the least restrictive James Glover Sites. Dr. Sites was born in situation and on counselling instead of punish- Gladstone, VA, attended Appomattox High FOR YOUNG OFFENDERS ACT ment. This system was based on a medical School, American University, and earned an model approach grounded in the theory that M.D. from the George Washington University HON. RON WYDEN young people could be cured of their criminal in 1947. OF OREGON habits. However, little convincing evidence has He has been a practicing physician in many IN THE HOUSE OF REPRESENTATIVES emerged to show that programs based on the Washington area hospitals including Gallinger Friday, January 20, 1995 Hospital, D.C. General, and the George Wash- idea of rehabilitation have been effective in re- ington University Hospital. He has authored Mr. WYDEN. Mr. Speaker, in searching for ducing recidivism and in protecting our com- and coauthored over 38 papers covering gyn- a strong, practical strategy for reducing crime, munities. ecology and obstetrics, been instructor, assist- both Democrats and Republicans have given In reality, the understandable anger Ameri- ant professor, and later as chairman of obstet- short shrift to the growing problem of violent cans direct at the juvenile justice system rics and gynecology at Fairfax Hospital. crime perpetrated by juveniles. stems from the fact that the medical model While chairman, he oversaw the growth of The growth rate of violent crime committed has often ended up putting our communities at their OB±GYN department: from 3,000 deliv- by juveniles now exceeds that of adults. For serious risk from young offenders. eries in 1977 to over 9,000 deliveries in 1994. example, in my home State of Oregon on May Several cases from Portland, OR illustrate His vision took the department into the devel- 24, 1994, The Oregonian reported that ``adult what is wrong with the medical model: In opment of subspecialities such as crime statistics have flattened out, but the 1993, 9 months after being convicted of raping perinatology, endocrinology, infertility, and number of violent juvenile crimes increased by a 4-year-old and facing absolutely no penalty gynecological-oncology. 80 percent between 1988 and 1992.'' for this crime, a 15-year-old youth and another Perhaps his greatest contributions, however, Nationally, according to a 1994 Department juvenile who also had a record of violent crime was presiding over the construction and open- of Justice report, youth arrests for murder in- and had faced few penalties, assaulted an Or- ing of the Women's and Children's Center at creased 85 percent, while adult arrests only egonian who was left permanently brain-dam- Fairfax Hospital, combining total care for increased 21 percent between 1987 and 1991. aged by the attack. In another case, described women, infants, and small children. This com- More generally, the violent crime index for ju- in The Oregonian, a child committed 50 bined facility is one of the premier facilities of veniles increased 50 percent over the same crimes, 32 of which were felonies, before the its type, in the country. period, while the adult violent crime index only juvenile justice system took action to protect On Sunday, January 20, 1995, many of Dr. increased 25 percent. the community. Sites' friends and colleagues are joining with Despite the dramatic increase in violent Nationally, only 50 percent of juvenile cases crimes by juveniles, both the 1994 crime bill him to celebrate his many accomplishments even go to juvenile court. Most cases are han- and the crime provisions in the Republican and honor him. dled by some form of social services division. Contract With America are business as usual Mr. Speaker, I ask my colleagues to join me The majority of juveniles who do go to court with respect to juvenile crime. in honoring Dr. James Glover Sites for his are given probation. Incredibly, there is little The 1994 crime bill allocates $7.9 billion for many contributions to the families of northern follow up: many jurisdictions do not collect correctional facilities and a relatively paltry Virginia, and for future beneficiaries of his data on what happens to youths referred to handiwork. $150 million for alternative juvenile correc- tional facilities. The Republican Taking Back the local juvenile services division. f Our Streets Act contains nine law enforcement In Portland, until recently it was common practice for a juvenile to commit three crimes TRIBUTE TO CHARLES W. ‘‘BILL’’ titles but doesn't once address the issue of before being referred to juvenile court. When DINN—THE 1995 GRAND MAR- violent juvenile crime. SHALL HOLYOKE ST. PATRICK’S To their credit, the Clinton administration is an offender was diverted from court they were DAY PARADE trying to fill the gaps in the 1994 crime bill pro- required to sign a contract specifying what visions. Despite controversy, they have inter- they would do to help themselves change their HON. JOHN W. OLVER preted the Violent Offender Incarceration and ways. This contract included such basic ele- Truth in Sentencing Act to be applicable to ju- ments as attending drug or alcohol counselling OF MASSACHUSETTS programs, community service or restitution, or IN THE HOUSE OF REPRESENTATIVES veniles. However, the clear thrust of the vio- lent offender provisions in the 1994 crime bill participating in a Big Brother/Big Sister Pro- Friday, January 20, 1995 is to reform the adult system and guarantee gram. Mr. OLVER. Mr. Speaker, I rise today to pay that our communities are safe from violent An audit of this system found that only 40 tribute to Mr. Charles W. ``Bill'' Dinn of Hol- adult offenders. In fact, the bigger law enforce- percent of the juveniles ever completed their yoke, MA on being named the 1995 Grand ment challenge for our country is to reduce ju- contracts. Ten percent partially completed Marshall of the Holyoke St. Patrick's Day Pa- venile crime. them, and the other 50 percent just slipped rade. My legislation, the Consequences in Sen- through the cracks. The major reasons for Mr. Dinn and his wife Patricia have been tencing for Young Offenders Act, pursues a nonparticipation given were that the families married for over 30 years. They have five chil- fresh strategy against juvenile crime and were not responsive, or they just refused to dren, Carol, Kathleen, Paul, William, and Mi- sends a straight-forward message: young peo- participate. chael. ple who commit a crime will face real con- This system in Oregon was actually profiled He is a graduate of the Holyoke public sequences for each criminal act and those in 1990 as being a model for the Nation by the schools and is a recent inductee to the Hol- consequences will increase each time they Federal Office of Juvenile Justice and Delin- yoke High School Hall of Fame. commit an additional offense. quency Prevention! Mr. Dinn is a well respected member of the At present, juvenile criminals face few if any According to New York Magazine, the situa- community and successful businessman. Bill consequences. For the first offenseÐand tion in the Empire State is far worse. Thirty and his brother Paul started Dinn Brother Tro- often many thereafterÐthere is likely to be thousand juveniles picked up for misdemean- phies in 1956 and have led it to become a probation at best. A bit of history is in order. ors in 1993 were issued youth division cards major retailer of awards both locally and inter- At the turn of the century, States began to and then releasedÐessentially the paperwork nationally. separate the juvenile system from the adult was filed and the child walked out. Bill is a veteran of the U.S. Army and is a system because of a belief that children who The Consequences in Sentencing Act that I reserve police officer. He is a member of the committed crimes could be rehabilitated. The introduce today seeks to address the glaring E 150 CONGRESSIONAL RECORD — Extensions of Remarks January 20, 1995 shortcomings in juvenile justice by giving in- My sense is that some States are beginning defense apparatus helped stimulate the fa- centives to States to adopt a new philosophy to integrate these objectives in their juvenile vorable conclusion of the Cold War, helped of juvenile justiceÐone built on a system of justice systemsÐthe Federal Government crush a well-equipped aggressor in the Per- sian Gulf, and contributed to America’s meaningful sanctions that increase with each needs to provide States with the incentives reign today as the world’s only ‘‘full-service’’ juvenile offense. and resources to continue in this direction. In- superpower. Indicative of this success, our This concept has been endorsed by the centives and resources for these purposes is military hardware is sought by virtually likes of James Q. Wilson from the University what my bill is about, and I hope others will every nation in the world. of California at Los Angeles who states that join me and the police, prosecutors, judges In short, America’s defense establish- ``the juvenile courts ought to manage the and juvenile services directors in a national ef- ment—its armed forces and the industry that young people brought before them by a sys- fort to rethink our juvenile justice systems' phi- underpins them—has served the people of the tem of consistent, graduated sanctions that at- losophy and priorities. United States successfully and with distinc- tion. This establishment is, in my judgment, tach costs to every offense, beginning with the f well led today by both the civilian and mili- first.'' Dr. Wilson has been good enough to tary leadership in the Pentagon. Nonethe- counsel me with respect to the legislation I WHY WE NEED THE ‘‘NATIONAL less, the very fact that we are here points to offer today, and I would like to thank him for SECURITY REVITALIZATION ACT’’ the fact that there are serious issues facing his suggestions and years of outstanding all of us, and if we fail to address these is- scholarship. HON. ROBERT K. DORNAN sues in a timely fashion, we will surely pay a price in terms of opportunities lost in the Additionally, I have worked closely with Or- OF CALIFORNIA future. These issues generally focus on the egon's attorney general, Ted Kulongoski who IN THE HOUSE OF REPRESENTATIVES adequacy of resources we devote to our mili- chairs the National Attorney General's Asso- Friday, January 20, 1995 tary and to the manner in which we expend ciation task force on juvenile justice, and pros- these resources. ecutors, judges, law enforcement, and juvenile Mr. DORNAN. Mr. Speaker, I strongly rec- Let me observe at the outset that in my services directors both in Oregon and across ommend to my colleagues and all the citizens opinion—and it is strictly my own opinion— the country. I would especially like to com- of our country the following testimony given this nation owes nothing to its defense con- mend and thank Attorney General Kulongoski, yesterday to the House National Security tractors with regard to future business or prosperity. We as a nation can set forth a va- Portland district attorney Michael Schrunk, Committee. Norm Augustine's comments are right on target regarding the direction we riety of alternative defense strategies that Bend juvenile services director Dennis might require small, medium or large de- Maloney, Judge Stephen Herrell, and Portland should be taking with defense spending. fense industrial bases to underpin them. The Police Chief Charles Moose for their commit- STATEMENT BY NORMAN R. AUGUSTINE, CHAIR- choice among these alternatives is a policy ment to juvenile reform and their assistance in MAN AND CHIEF EXECUTIVE OFFICER, MARTIN decision to be made by government leaders drafting this legislation. MARIETTA CORP. and not by industrial executives, and should Under the first part of my bill, I would Mr. Chairman and Members of the Com- be made on the basis of national objectives, amend the 1994 crime bill to give States with mittee: the price we are willing to pay in meeting I am Norman Augustine, chairman and those objectives, and the degree of risk we a system of graduated sanctions preference in chief executive officer of the Martin Mari- are willing to accept in so doing. receiving discretionary grants under the violent etta Corporation. I appreciate the oppor- But I do believe that once this choice has offender incarceration provisions. Additionally, tunity to present views on several critical been made, it behooves our government to these States would be able to access unused defense issues related to legislation which make certain that its policies affecting the truth-in-sentencing funds for juvenile correc- this Committee is considering and which will defense industrial base are consistent with tional facilities. The second part of the bill al- directly impact the nation’s ability to the national security objectives which have lows States with graduated sanctions the op- achieve both defense and budgetary objec- been established. To do otherwise is in fact tion to use any future funds allocated for adult tives in the years ahead. to maximize risk . . . and brings us not the Today, I represent a consortium of 13 asso- best but the worst of all possible worlds. And correctional facilities for juvenile facilities. ciations whose members comprise a broad I further believe that, whatever may be our This approach gives States willing to put cross section of companies and individuals established set of national security objec- new accountability in their juvenile justice sys- with experience in many different aspects of tives, we should maintain a balance of force tems the opportunity to secure additional Fed- America’s defense needs. THe organizations structure, readiness and modernization. eral resources. States are given considerable are the Aerospace Industries Association, Finally, I believe that we should view the flexibility as to how they devise their own sys- the Air Force Association, the American De- capability of the defense industrial base tems, but must show that they have adopted fense Preparedness Association, the Amer- much as we view the need to provide capable a system of meaningful graduated sanctions ican Electronics Association, the Associa- armed services. A nation cannot prevail, or tion of Naval Aviation, the Association of at least not prevail without heavy casual- with the following characteristics: the United States Army, the Association of ties, in modern warfare without a strong de- First, every offense carries a sanction of at Old Crows, the Contract Services Associa- fense industrial base. Such an industrial least reimbursing the victim for the crime and tion, the Electronic Industries Association, base, as I will discuss further, is not self-gen- for the bureaucratic cost of dealing with the the National Security Industrial Associa- erating . . . it must be consciously nurtured. crime. tion, the Navy League of the U.S., the Pro- There are two general points I would like Second, juveniles will move up a scale of in- fessional Services Council, and the Security to make this morning—the first relating to creasingly severe sanctions if they break pro- Affairs Support Association. the private sector participants I represent bation or commit a repeat offense. Needless to say, it is not possible to speak and how they have been responding to the on behalf of so large and diverse a group of new realities of the post-Cold War defense Third, violent juveniles should be efficiently organizations on other than rather broad, ge- environment. The second point has to do remanded to adult court. neric issues. This I will do, but I can also tell with the government’s reaction to the same Fourth, all juveniles who enter the juvenile you that there is in fact wide agreement circumstances, both in Congress and in the justice system should answer to the court. among these organizations on the most criti- Department of Defense. Fifth, to the extent practicable, parents cal issues relating to the National Security Let me begin by briefly reviewing the should be held responsible for their child's Revitalization Act. With regard to more spe- events that have brought us to this commit- conduct. cific matters, I will share with you views tee room today. More than five years after Sixth, the juvenile system should be periodi- that I must characterize as my own. In this the fall of the Berlin Wall, rapid and fun- latter regard, I speak from the personal per- damental changes continue to ricochet cally audited for its effectiveness in protecting spective of one who has spent a decade in throughout the world political order. Ironies the community safety, reducing recidivism and five different assignments in the Pentagon abound: Consider, for example, that among ensuring compliance with sanctions. serving under Presidents from both parties, the differences today between the United For the most part, there is a consensus and another 25 years in various defense-ori- States and many of the former Warsaw Pact among judges, prosecutors, police and people ented companies in the private sector. Over states is that the U.S. has a legal Com- working in youth services, that any new philos- the course of these assignments, I have seen munist party. Or that each of the recent ophy of juvenile justice should place emphasis enormous changes in the defense establish- times I have visited Moscow there were on community safety, individual accountability, ment—but nothing like the tectonic shifts longer lines at McDonald’s than at Lenin’s we are facing today. tomb. Or that in one trip to what was then work, restitution to victims and community, pa- Having observed from both the private and Leningrad, I met a very distraught politician rental involvement and responsibility, certainty public perspectives the way America funds, who was exceptionally curious about the and consistency of response and sanctions, equips and fields its armed forces, I can say democratic political system. It turned out zero-tolerance for noncompliance and the with some degree of authority that somehow that he had just run for re-election unop- highest priority given to community safety. it works. In the last decade alone, America’s posed—and lost. And a former Soviet state January 20, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 151 archivist recently observed, ‘‘The state prop- of a reduction—has been scaled back well in I have noted on previous occasions that the erty being privatized most rapidly is KGB excess of what had been planned just a few one-millionth defense industry job was files—and they’re not for sale.’’ years ago. But a major concern is that the eliminated on about July 4th of last year, in- The new world order—or disorder—could cost of defense infrastructure has not been cluding direct employment only. We will lose perhaps be summed up by Saudi Arabian curtailed accordingly. at least another half million jobs before the General Khalid bin Sultan bin Abdul-Aziz, One of the complicating factors in defense bottom is reached. Many of these were well- who said, ‘‘If the world is going to have one budgetary planning is that the time horizons paying scientific and technical jobs which superpower, thank God it is the United are so distant. It is useful to recall that the employed some of the most talented and mo- States of America.’’ systems that performed so well in the Per- tivated people in our national work force. But now that we’ve reached this almost sian Gulf largely represented the technology The disruption of the lives of these individ- unimaginably hopeful end of a wrenching pe- of the 1960s, the development of the 1970s, uals has been deep and wide and unrelenting riod in the history of mankind, another al- and the production of the 1980s—all utilized * * * but the inescapable fact is that the most equally wrenching question emerges: by the people of the 1990s. That is, decisions threat to America has changed and Where do we go from here? made in the 1970s to a considerable extent downsizing of the industrial base was manda- Sometimes it seems that the principal ef- determined the casualties suffered in the tory. fect of the end of the superpower conflict has Persian Gulf. Similarly, the decisions we Our industry has been closing plants and been to make the world safe for smaller make today will to a considerable extent de- selling properties at an unprecedented pace. wars—‘‘smaller,’’ that is, except for those termine the casualties we will suffer in car- In the case of the company I serve, we have who happen to fall in their path. rying out our national security objectives in already shuttered five million square feet of Less than 10 days ago, the Director of the early part of the next century. This is a plant space and another wave is yet ap- Central Intelligence testified before a Senate very great responsibility for each of us. proaching. But by so doing, we will have hearing that ‘‘[E]thnic, religious, or national That America’s defense industrial base is saved the taxpayer next $2 billion over the conflicts can flare up in more than 30 coun- becoming increasingly tenuous is becoming next five years alone. tries over the next two years.’’ Such a pleth- increasingly evident. The major firms mak- The private sector has thus responded to ora of current and potential conflicts poses ing up that industry sell at a 30 percent dis- the changing needs of the nation. We have an excruciating dilemma as we as a nation count to the S&P 500 index, and the discount taken the painful actions and made the dif- seek to balance America’s aversion to human was closer to 80 percent until a few mergers ficult decisions. And we are not yet finished: suffering with the impracticality of becom- raised hopes that part of the industry might More wrenching decisions lie ahead. But I be- ing ‘‘911–America.’’ yet survive and provide viable. The combined lieve we have faced the tough challenge Added to this volatile mix are the sobering market value of the top four aerospace firms given us by the American people in a dis- facts that states that formerly were part of is less than that of McDonald’s, meaning ciplined and pro-active way. the Soviet Union still have an estimated that Big Macs and Egg McMuffins are judged Drawing upon my service in both the gov- 26,000 nuclear weapons in their arsenals, that by the market to have greater immediate re- ernment and in the private sector, I am three other nations have publicly confirmed ward than stealth aircraft and ‘‘smart’’ acutely aware of how much more difficult it they have ‘‘atomic devices,’’ and an esti- weapons. is to reduce infrastructure in government. mated nine additional countries either cov- Current plans call for the defense budget to Anyone who has watched the courageous but ertly have or are working to develop their decline to less than three percent of GDP in prolonged deliberations of the Base Closing own nuclear capabilities. A reminder of the 1999, half of what it was in the mid-’80s, and and Realignment Commission can grasp the world we are entering was suggested by the the lowest level since immediately prior to difficulties of reducing the physical plant of Indian Minister of Defense in his comment a Pearl Harbor. Of course, these reductions are the Department of Defense. When I worked few years ago that the real lesson which not news to the members of this Committee. in the Pentagon I observed the extraordinary many may learn from Desert Storm is: But there may not be wide understanding of difficulty of ‘‘rightsizing’’ the public sector, ‘‘Never fight the Americans without nuclear the challenges that rapidly declining U.S. how many impediments were encountered weapons.’’ military procurement budgets are posing to with every proposed job reduction. Compa- With the end of the Cold War, America em- the defense industrial base as well as to the nies in the private sector consistently have barked on a path that markedly scaled back military forces themselves. made such reductions quickly as an under- our defense expenditures and the forces they In the middle of this century, our armed standable necessity of remaining in business. support, for example, reducing the size of our forces were called upon to perform a clear The market forces are working in this re- army to the point where it will soon be the mission—to fight and win a global war. For gard. ninth largest in the world. Let me add that most of the latter half of this century, the This, then, leads to the other important this reduction in defense expenditures has American public looked to our forces to suc- point I wanted to make today: namely, that made it possible for our nation to reap a cessfully prepare for war—and by so doing to whatever may be the correct size of our mili- long-sought peace dividend. One measure of deter war. Today, and for the foreseeable fu- tary establishment, we are in fact creating a this dividend is that by a conservative cal- ture, the public is looking to our military to highly unbalanced force by neglecting to culation more than $400 billion in real pur- ‘‘wage peace’’—that is, to deter small wars maintain that force in a modern condition. chasing power has already been diverted as well as big ones—a challenge that is turn- The same temptation exists in business from defense budgets to other purposes since ing out to be daunting. Nonetheless, this is where one can for a time neglect to buy new the fall of the Berlin Wall. the challenge the American people have machines for the factories or new equipment Disappointment over what some have char- given the defense establishment in the last for the laboratories or replace obsolescent acterized as the seemingly modest impact of decade of the 20th century. And, properly, buildings. But the trap is that sooner or this reduction on the overall federal budget those entrusted with the management of this later this practice catches up with itself in stems from the fact that non-defense govern- establishment are expected to carry out the an avalanche of future costs which must be ment spending is now growing at a rate challenge efficiently and with the minimum met near-simultaneously. which far outstrips any plausible reductions required funds. I mentioned before that the defense pro- in defense spending. The entire defense budg- This brings me to the very important point curement budget has been reduced by 68 per- et is now only slightly larger than the inter- which I alluded to earlier: I believe, and the cent in real purchasing power in less than a est on the national debt or about one-fourth evidence seems to support, that the private decade. This contrasts with an overall de- of the cost of health care. America should, of sector—the defense industrial base which I fense budget reduction of 35 percent. Infra- course, spend no more on national security represent today—has moved deliberately and structure costs associated with operations than it needs, but America can afford what- decisively to respond to the challenge of and maintenance have only been reduced by ever national security resources it does need. ‘‘waging peace.’’ Just as America’s commer- about 18 percent. The consensus within the Today, we spend more on legalized gambling cial industry has been undergoing a wrench- industry is that the elements of the defense than we do on defense, more on beer and ing realignment and downsizing over the budget have fallen out of balance. pizza than we do on the Army, more on to- past decade, prompted by the presence of If one takes today’s asset value of equip- bacco and soft drinks than we do on the Japan on the world scene, I believe Ameri- ment owned by the Department of Defense Navy. ca’s defense industry is experiencing a simi- and divides that number by the annual in- The budgetary reductions that have al- lar process of realignment and downsizing, vestment in modernization—namely the pro- ready taken place have had a substantial im- prompted by the absence of the Soviet Union curement budget—one derives a number that pact on the defense industry. The overall De- on the world scene. The defense supplier base indicates we are now on a replacement cycle partment of Defense budget has been reduced has imploded; some numbers suggest a of about 54 years. Stated otherwise, the aver- by some 35 percent in real terms from its shrinkage from about 120,000 firms a decade age item of equipment provided our armed peak in the mid-1980s. But that part of the ago to 30,000 today. Whatever may be the forces has to last 54 years. This is in a world defense budget that underwrites equipping precise numbers, the impact is being felt far where technology generally has a half-life of our military forces and has provided the un- beyond the board rooms of America’s defense anywhere from two to 10 years. I believe that derpinning of the defense industry—the pro- companies. The basic fabric of the defense no private company pursuing such a policy curement budget—has been reduced by 68 industrial base is undergoing profound would long survive. percent, thus far. The research and develop- change as corporations restructure, consoli- We saw in the Gulf War the consequences ment budget—while experiencing much less date or altogether depart the industry. of modern military technology—for example, E 152 CONGRESSIONAL RECORD — Extensions of Remarks January 20, 1995 precision guided weapons delivered within recent legislation is barely a first step to- face of the sea in attack carriers—from the inches of their targets, stealth, the ability to ward full procurement reform. dusty heat of Abrams tanks on the desert to see at night and to navigate within a few me- Fourth, we must eliminate the turbulence the cockpits of jet aircraft in the sky. I have ters even on a desert. The result was that the in the acquisition process. The principal seen for myself just how capable these people war was won quickly, decisively and with cause of inefficiency in the acquisition proc- are—and this is reflected in public opinion relatively few American casualties. ess is not the infamous coffee pot, hammer polls which show the high level of confidence What is so often overlooked is the fact that or even toilet seat; it is the perpetual motion America today holds in its military. in today’s era of the ‘‘come as you are’’ war, of requirements, people, schedules, and fund- Our opportunity as a nation is to build where outcomes can be decided in a matter ing. What is needed is to make it much more upon this advantage, an to underpin it with of days or even hours, the only equipment difficult to start new programs, but once a right-sized, high-quality defense industrial available to our troops will be that which started, to grant very few people the author- base. This will require considerable effort on was planned for and acquired during the dec- ity to change them. In this regard, the time the part of those of us who bear a fiduciary ades before the actual conflict occurred. has come to appropriate funds by the responsibility for America’s military capa- As I stated at the outset, it is not the role project, not by the year. A true biennial bility; because as marvelous as is the free en- of those of us from the private sector to pre- budget cycle would be a reasonable first step. terprise system, there are no forces in that scribe the size—that is, force structure—of Fifth, we need to restore fidelity to the de- system to assure the preservation of an ade- our armed services. But it is within our com- fense budget. The American public might be quate defense industrial capability. This is petence to suggest that whatever that force genuinely surprised by the findings of the the underlying dilemma of the defense indus- structure may be, it should be balanced in Congressional Research Service, which noted try. terms of both readiness and modernization. that the defense budget is being used more Thank you for your attention. I would wel- To the great credit of those bearing the and more to underwrite programs—some- come the opportunity to answer any ques- grave responsibility of providing for Ameri- times very worthwhile programs—that have tions you might have. ca’s armed forces, the nation has, in this re- little or nothing to do with national defense. cent downsizing, to a considerable extent General Dennis Reimer of the U.S. Forces f avoided the trap of building a so-called ‘‘hol- Command recently told a Senate Sub- low force’’ in terms of its readiness to fight. committee, ‘‘We spend more on environ- TRIBUTE TO MYRA SELBY But what we must also assure ourselves is mental programs than we do training the 1st that we do not gradually build a force engen- Cavalry Division.’’ dering a new kind of hollowness, namely the Additionally, U.N. operations and other HON. ANDREW JACOBS, JR. lack of modernization needed to fight effec- types of peacekeeping and ‘‘nation-building’’ OF INDIANA tively. costs should be budgeted incrementally as IN THE HOUSE OF REPRESENTATIVES Thus, we must be concerned both with they occur—some perhaps even under the De- readiness and with modernization. Lack of partment of State budget. Contingency mili- Friday, January 20, 1995 attention to the former produces near-term tary operations should be separately funded Mr. JACOBS. Mr. Speaker, the important casualties, to the latter produces future cas- under the Department of Defense budget as thing about Myra Selby is not that she is a ualties such activities take place. Further, restoring woman and is not that she is an African-Amer- Given these considerations, what steps are ‘‘firewalls’’ in the DoD budget would allow appropriate to assure the adequacy and effi- more disciplined allocation of costs to na- ican. The important thing is that she is one of ciency of America’s defense forces? I would tional defense. the most competent citizens ever placed on like to offer six suggestions for your consid- Sixth, we should reverse the trend of shift- the Indiana Supreme Court. And she carries eration. ing work from the defense industry to gov- on a tradition of the Evan Bayh administration First, the defense budget should be sta- ernment facilities. Any expansion of the gov- which, in a word, is excellence. bilized. The recent Administration initiative ernment in maintenance and repair oper- [From the Indianapolis News, Jan. 5, 1995] to add $25 billion over several years to the ations only intensifies the decline of the de- DoD budget is a constructive step, but does fense industrial base. This trend, minor at IN HISTORIC MOMENT, STATE COURT not address the full range of the challenge first, has accelerated in recent years as mili- WELCOMES NEW JUSTICE the nation’s defense establishment faces nor tary installations seek funds to sustain in- In a brief but historic ceremony, the five does it significantly do so in the near term. frastructure. Maintenance and repair oper- justices of the Indiana Supreme Court re- It should be noted that the lag time between ations increasingly are being conducted by cessed, then returned with a new member— authorizations and outlays in the procure- the government itself at the expense of the Myra C. Selby, the first woman and first ment budget virtually assures several more private sector. This trend toward greater black justice to serve on the court. years’s erosion in the defense industrial government involvement in functions gen- ‘‘I’m a little bit nervous today,’’ Selby said base. erally allocable to the private sector flies in Wednesday in her first minutes on the bench. Second, the balance among procurement, the face of trends almost everywhere else on ‘‘I hope that means I’m ready.’’ R&D and O&M funding must be restored. We earth. The 102 justices who have served on the must provide greater funding for exploratory In summary, Mr. Chairman and members high court since Indiana became a state in development and prototyping—particularly of the Committee, I believe that both the 1816 have all been white males. high-risk/high-payoff pursuits of the type armed forces and the defense industrial base Mindful of her role in Indiana history, which helped make American defense tech- warrant fresh attention by our national lead- Selby said she did not seek to be distin- nology the best in the world and which is ership. America may be the only surviving guished as a jurist by her race or gender. central to our stated defense strategy. And ‘‘full-service’’ superpower, but the future is ‘‘What I did seek was the opportunity to in so doing, we must be prepared to accept still extraordinarily difficult to predict. Gen- serve the citizens of the state of Indiana on the occasional failure that necessarily ac- eral Schwarzkopf, toward the end of this this esteemed court,’’ she said moments companies any effort to push the edges of the autobiography, included the following pas- after taking her place on the Supreme Court state of the art. We must invest more in pro- sage: ‘‘If someone had asked me on the day bench in the north wing of the Statehouse. curement so that our forces are well I graduated from West Point where I would The courtroom was jammed with hundreds equipped to protect themselves and our na- fight for my country during my years of of well-wishers, including members of tional interests. This is important not only service, I’m not sure what I would have said. Selby’s family, friends, law and government for the active forces but also for the Reserve But I’m damn sure I would not have said colleagues and state lawmakers in the cap- and National Guard since they are shoulder- Vietnam, Grenada and Iraq.’’ ital for the first 1995 working day of the Gen- ing more and more of the burden for achiev- And that’s the problem in trying to fore- eral Assembly. ing national security objectives. cast the need for national defense and the in- Selby, a former law firm partner and gov- Third, we must continue the effort to re- dustrial base that underpins it, a problem ernment lawyer, pledged that her service on form the acquisition process. Secretaries which is exacerbated by the 10-to-20-year the court would be marked by ‘‘diligence, Perry and Deutch and the Congress deserve lead time for most products of the defense thoughtfulness, fairness and patience . . .’’ broad acclaim for the first successful initia- industrial base. For in this age of ‘‘come-as- She replaced Richard M. Givan, who re- tive in memory to reform the much-ma- you-are wars,’’ the casualties we suffer in tired after serving two days short of 26 years, ligned defense acquisition process. The Fed- combat may depend more on our prepared- including 13 years as chief justice. eral Acquistion Streamlining Act of 1994 ness prior to the initiation of combat than ‘‘It’s been a lot of fun,’’ said Givan, gestur- demonstrates that it is possible to revise the on anything we do during combat—a point ing to Selby seated in the audience below the acquisition process which for many years has writ bold in contrasting the initial battles bench before the swearing-in and adding, been needlessly complex, inefficient and re- in, say, Korea and the Persian Gulf. ‘‘Myra, I wish you well.’’ silient to change. We must now turn our at- America is blessed with the finest men and At 39, Selby is the third youngest justice tention to assuring that the regulations im- women in its Armed Forces of any nation on to serve, after Justice Roger O. DeBruler, plementing this new act carry out the legis- earth. It has been my privilege to have per- who joined the court in 1968 at 34, and Chief lation’s intentions. In so doing, we need to sonally accompanied them—from Berlin to Justice Randall T. Shephard, who was a few reform the entire acquisition culture, and Saigon, from Panama to Panmunjom—from months younger than Selby when he joined having done so, we must recognize that the the ocean’s depths in submarines to the sur- the court in 1986. January 20, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 153 Selby was formally introduced by state Gov. Evan Bayh appointed attorney Myra bachelor’s degree in 1977 from Kalamazoo Budget Director Jean S. Blackwell, who at- C. Selby to fill a vacancy on the Indiana Su- College. tended law school with her at the University preme Court, Monday. Selby has become the Selby, perhaps prophetically, was honored of Michigan in the 1970s. Blackwell spoke to first woman as well as the first African as ‘‘A Breakthrough Woman’’ in 1990 by the the fact of Selby’s ‘‘firsts’’ as a woman and American to serve on the high court, as the Coalition of 100 Black Women. black on the court. ‘‘Some feel this shouldn’t replacement for retiring Justice Richard M. Selby, her husband of 16 years Bruce Curry matter, but it really is a giant step for Indi- Givan. and their daughter Lauren reside in Indian- ana,’’ she said. The 39-year-old Selby said she has under- apolis. Harry T. Edwards, a federal appeals judge stood the ground-breaking significance of in Washington who once was Selby’s law pro- her appointment and that she would hope to fessor, said the new justice’s career has been set a shining example for young people who [From the Indianapolis Star, Jan. 5, 1995] characterized by ‘‘intellect, experience and have dreamed of venturing into high-prestige commitment.’’ career paths. NEWEST JUSTICE TAKES HER PLACE, BREAKS ‘‘She will be a wonderful addition to this ‘‘I hope to become a symbol for young chil- BARRIERS distinguished court,’’ he said. dren, girls and boys (of) all colors, shapes Ever since Indiana became a state in 1816, Selby was appointed by Gov. Evan Bayh, and sizes,’’ Selby said, ‘‘so they, too, can the Supreme Court has looked very much the who administered the oath of office with a reach for that highest star that they might same: all white and all male. On Wednesday, Bible held by her husband, Bruce Curry. dream of.’’ Myra C. Selby changed all that. Her father, attorney Ralph Selby, and Selby has exemplified excellence in the mother, Archie, of Bay City, Mich., and her legal profession, as evidenced by her consid- Selby, a former law firm partner and gov- 9-year-old daughter, Laureen, helped Selby eration by the Indiana Judicial Nominating ernment lawyer, took the oath of office to don the black robes of a justice. Commission, which named Selby one of three become the 103rd justice to sit on the high The five-member court then stood in re- finalists for the governor’s contemplation. court—and its first woman and first black cess. When the justices returned to the Selby has started her judiciary career at the member. courtroom a few minutes later, Givan was top of the state’s ladder, for she has not While mindful of her role in Indiana his- absent and Selby sat to Shephard’s left. served as a judge hitherto her historic ap- tory, Selby said she did not seek to be distin- pointment. guished as a jurist by her race or gender. [From the Indianapolis News, Dec. 22, 1994] ‘‘Two elements that have impressed me ‘‘What I did seek was the opportunity to SELBY WINS HIGH COURT SEAT most about Myra would be her intelligence serve the citizens of the state of Indiana on Congratulations are in order to Myra C. and her thoughtful, considered demeanor,’’ this esteemed court,’’ she said moments Selby, the first woman and first African- said Bayh, ‘‘I’d even go so far as to say her after taking her place on the Supreme Court American to be appointed to serve on the In- judicial demeanor. I believe she is the kind bench in the north wing of the Statehouse. diana Supreme Court. of person who will hear all parties, weigh all The courtroom was jammed with hundreds Selby, 39, who has served as Gov. Evan the evidence and look to the law and do what of well-wishers, including members of Bayh’s director of health care policy since is just.’’ Selby’s family, friends, law and government July 1993, was one of three female finalists Selby, the 103rd justice and youngest mem- colleagues and state lawmakers who had ber of the high court, has been the governor’s for the seat. The other two women were Indi- come to the Capitol for the first 1995 working ana Court of Appeals Judge Betty A. Barteau health care policy director for more than a day of the Indiana General Assembly. and Charlestown attorney Anne M. Sedwick. year. Professional skepticism for her lack of Selby pledged that her service on the court Selby said she hopes her historic appoint- bench experience, her political ties to the ment will help all children ‘‘reach for that governor who appointed her as well as atten- would be marked by ‘‘diligence, thoughtful- highest star’’ and dream of lofty accomplish- tion magnified by her race and gender would ness, fairness and patience . . .’’ ments. not become performance obstacles, Selby She replaced Richard M. Givan, who re- ‘‘I hope to be able to become a symbol for said. tired after serving two days short of 26 years, young girls and boys of all colors, shapes and ‘‘I hope I’ll handle it well,’’ Selby said. ‘‘I including 13 years as chief justice. sizes,’’ added Selby, who, before working for think that anticipating that it will occur ‘‘It’s been a lot of fun,’’ said Givan. Gestur- Bayh, served at Ice Miller Donadio & Ryan will make it a little easier. Whenever one is ing to Selby, who was seated in the audience for 10 years as a private attorney specializ- in public life, one realizes that one has a re- below the bench before she was sworn in, he ing in health care cases. sponsibility to the public for the role that added: ‘‘Myra, I wish you well.’’ Selby will replace Justice Richard M. you’re in. I’m fully aware of that and appre- At 39, Selby is the third-youngest justice Givan, scheduled to retire at month’s end. ciate it.’’ to serve, after Justice Roger O. DeBruler, She will be the youngest justice on the five- Selby would not necessarily be remem- who joined the court in 1968 at 34, and Chief member court. bered solely for her appointment’s obvious Justice Randall T. Shepard, who was a few Some have criticized the governor for diversification of the high court. Bayh was months younger than Selby when he joined choosing for the third time in as many ap- impressed with Selby’s zeal to be recognized the court in 1986. pointments a close aide as an Indiana Su- for those aspects of her life over which she Selby was formally introduced by State preme Court justice. Bayh appointed his per- has had control, notably her accomplish- Budget Director Jean S. Blackwell, who at- sonal attorney, Jon Krahulik, to the high ments as a lawyer. tended law school with Selby at the Univer- court in 1990. When Krahulik resigned, Bayh ‘‘I want to be chosen for anything I accom- sity of Michigan in the 1970s. Blackwell ac- appointed Frank Sullivan Jr., his executive plish because of what I am and because of my knowledged Selby’s ‘‘firsts’’ as a woman and assistant for fiscal policy, to take his place. accomplishments and my abilities,’’ Bayh But Bayh said he selected Selby for the said Selby once told him. ‘‘It seems to be black on the court. ‘‘Some feel this shouldn’t $81,000-a-year post because of her record of that that is what we honor (in Selby’s ap- matter, but it really is a giant step for Indi- excellence in academics, intellect, practice pointment). ana,’’ she said. of law and ethics. Additionally, he long has ‘‘The fact that she agreed to an enormous Harry T. Edwards, a federal appeals judge expressed his intent to diversify the all- cut in pay to step down as the partner of one in Washington and former law professor of white, male court. of the most prestigious law firms, not only Selby’s, said Selby’s career has been charac- We particularly applaud Selby’s sentiment in our state but in the country, to serve the terized by ‘‘intellect, experience and com- that the Indiana Supreme Court should hear people of Indiana is not something that mitment.’’ more oral arguments of cases and better edu- should be held against her.’’ Selby was appointed by Gov. Evan Bayh, cate the public about its role in state gov- Selby was a partner in the law firm of Ice who administered the oath of office with a ernment. Miller Donadio and Ryan, a position she Bible held by her husband, Bruce Curry. We welcome the opportunity she will have took after serving as an associate in the Her father, attorney Ralph Selby; mother, to promote this philosophy and wish her a Washington-based law firm of Seyfarth Shaw successful term in office. Archie, of Bay City, Mich.; and her 9-year old Fairweather and Geraldson. She has special- daughter, Lauren, helped Selby don her ized in health care law and labor law. [From the Indianapolis Recorder, Dec. 24, black robe. Selby in 1993 and ’94 has served as an asso- 1994] The five-member court then stood in re- ciate professor of health sciences at the cess. When the justices returned to the SELBY WANTS TO SET EXAMPLE ON HIGH Finch University of Health Sciences, Chi- courtroom a few minutes later, Givan was COURT cago Medical School, one of her several aca- absent, and Selby sat to the left of Shepard. (By Stephen Thomas) demic positions. ‘‘I’m a little bit nervous today,’’ she said. ‘‘I Traditions pertaining to culture and gen- The 1980 University of Michigan Law der have been erased and diversity has been School graduate has written articles for nu- hope that means I’m ready.’’ injected into Indiana’s highest court. merous legal journals, also. She earned a Friday, January 20, 1995 Daily Digest Senate of the Senate of January 24, 1901, appointed Senator Chamber Action Thomas to read Washington’s Farewell Address on Routine Proceedings, pages S1251–S1291 February 22, 1995. Page S1253 Measures Introduced: Six bills and four resolutions Messages From the House: Page S1270 were introduced, as follows: S. 252–257, and S. Res. 65–68. Communications: Pages S1270±71 Page S1271 Statements on Introduced Bills: Pages S1271±82 Measures Reported: Reports were made as follows: Additional Cosponsors: Page S1282 S. Res. 65, authorizing expenditures by the Com- Additional Statements: Pages S1283±89 mittee on Armed Services. Page S1271 Measures Passed: Recess: Senate convened at 10 a.m., and recessed at 1:35 p.m., until 9:30 a.m., on Monday, January 23, National History/Educational Standards: Senate 1995. (For Senate’s program, see the remarks of the agreed to S. Res. 66, to express the sense of the Sen- Acting Majority Leader in today’s RECORD on page ate regarding national history standards developed by S1290.) the National Center for History in the Schools. Page S1290 Protection of Reproductive Health Clinics: Senate Committee Meetings agreed to S. Res. 67, to express the sense of the Sen- ate that the Attorney General should act imme- (Committees not listed did not meet) diately to protect reproductive health care clinics. Pages S1290±91 COMMITTEE BUDGET REQUEST Unfunded Mandates/Local Governments: Senate Committee on Armed Services: Committee approved for agreed to S. Res. 68, to express the sense of the Sen- reporting an original resolution (S. Res. 65) request- ate that States should not shift costs to local govern- ing $2,948,079 for operating expenses for the period ments. Pages S1290±91 from March 1, 1995 through February 29, 1996, Appointments: and $3,015,532 for the period from March 1, 1996 Washington’s Farewell Address: The Chair, on through February 28, 1997. behalf of the Vice President, pursuant to the order h House of Representatives governments, to ensure that the Federal Government Chamber Action pays the costs incurred by those governments in Bills Introduced: Twenty-nine public bills, H.R. complying with certain requirements under Federal 597–625; two private bills, H.R. 626–627; and statutes and regulations, and to provide information three resolutions, H. Con. Res. 15 and H. Res. on the cost of Federal mandates on the private sec- 41–42, were introduced. Pages H467±68 tor; but came to no resolution thereon. Consideration Unfunded Mandate Reform: House continued con- of amendments will resume on Monday, January 23. sideration of H.R. 5, to curb the practice of impos- Pages H416±49 ing unfunded Federal mandates on States and local D 63 D 64 CONGRESSIONAL RECORD — DAILY DIGEST January 20, 1995 Agreed to the Fattah amendment that requires the Adjournment: Met at 10 a.m. and adjourned at Commission on Unfunded Mandates to investigate 4:54 p.m. and review the role of unfunded State and local man- dates on local governments, the private sector, and Committee Meetings individuals. Pages H421±22 Rejected: TAKING BACK OUR STREETS ACT The Lofgren amendment that sought to provide Committee on the Judiciary: Subcommittee on Crime that Congress not impose any Federal mandate on a concluded hearings on issues related to H.R. 3, Tak- State, including a requirement to pay matching ing Back Our Streets Act of 1995. Testimony was amounts, unless the State is prohibited by Federal heard from public witnesses. law from requiring, without local government con- TAX-DEDUCTIBILITY OF HEALTH sent, that the local government perform activities in INSURANCE COSTS BY THE SELF- compliance with a mandate (rejected by a recorded EMPLOYED vote of 157 ayes to 267 noes, Roll No. 22); Pages H417±21 Committee on Small Business: Held a hearing on Tax- The Taylor of Mississippi en bloc amendment that Deductibility of Health Insurance Costs by the Self- sought to provide that provisions would not apply to Employed. Testimony was heard from public wit- existing laws and regulations establishing effluent nesses. limitations restricting types and quantities of pollut- SENIOR CITIZENS’ EQUITY ACT; ants that may be discharged into U.S. waters by COMMITTEE ORGANIZATION sewage treatment plants, factories, and other facili- Committee on Ways and Means: Subcommittee on ties (rejected by a recorded vote of 173 ayes to 249 Health held a hearing on tax incentives for long- noes, Roll No. 23); and Pages H422±35 term care insurance as part of H.R. 8, Senior Citi- The Towns en bloc amendment that sought to zens’ Equity Act. Testimony was heard from David provide that provisions would not apply to existing Guttchen, Project Director, Partnership for Long- laws and regulations pertaining to State and local Term Care, State of Connecticut; Gail Holubinka, government activities that involve interstate matters Director, Partnership for Long-Term Care, State of which could impact on the health or safety of resi- New York; Kevin Mahoney, Project Director, Part- dents of other States (rejected by a recorded vote of nership for Long-Term Care, State of California; 153 ayes to 252 noes, Roll No. 24). Pages H435±46 David Allen, Executive Officer, Welfare Fund, New Legislative Program: The Majority Leader an- York City; and public witnesses. nounced the legislative program for the week of Jan- Prior to the hearing, the Subcommittee met for uary 23. Agreed to adjourn from Friday to Monday. organizational purposes. Pages H433±34 PERSONAL RESPONSIBILITY ACT Meeting Hour: Agreed to meet at 12:30 p.m. on Committee on Ways and Means: Subcommittee on Monday, January 23. Page H449 Human Resources continued hearings on H.R. 4, Calendar Wednesday: Agreed to dispense with Cal- Personal Responsibility Act, with emphasis on Ille- endar Wednesday business of January 25. Page H449 gitimacy and Welfare. Testimony was heard from Committee Elections: House agreed to the follow- Ruth Wasem, Specialist in Social Legislation, CRS, ing resolutions electing Members to the Committee Library of Congress; and public witnesses. on Standards of Official Conduct: Hearings continue January 23. H. Res. 41, electing Representatives Johnson of Connecticut, Chairman, Bunning of Kentucky, Goss, Joint Meetings Hobson, and Schiff; and Pages H454±55 BALANCED BUDGET AMENDMENT H. Res. 42, electing Representatives McDermott, Cardin, Pelosi, Borski, and Sawyer. Page H455 Joint Economic Committee: Committee held hearings to examine the proposed Balanced Budget Amendment, Amendments Ordered Printed: Amendments or- focusing on the inclusion of a tax limitation, receiv- dered printed pursuant to the rule appear on pages ing testimony from Senator Kyl; Representatives H468–75. Barton and McDermott; Virginia Governor George Quorum Calls—Votes: Three recorded votes devel- Allen, Richmond; New Hampshire Governor Ste- oped during the proceedings of the House today and phen Merrill, Concord; William A. Niskanen, Cato appear on pages H420–21, H435, and H445–46. Institute, and Lawrence Chimerine, Economic Strat- There were no quorum calls. egy Institute, both of Washington, D.C.; Lewis K. January 20, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 65 Uhler, National Tax Limitation Committee, Alexan- Committee on Foreign Relations: January 24 and 25, to dria, Virginia; and Milton Friedman, Hoover Institu- hold hearings on the United States-North Korea Nuclear tion, Palo Alto, California. Agreement, Tuesday at 10 a.m. and Wednesday at 2 Hearings will continue on Monday, January 23. p.m., SD–419. January 26, Full Committee, to hold hearings to exam- f ine the Mexico economic situation and U.S. efforts to sta- bilize the peso, Thursday at 10 a.m. and Thursday at 2 CONGRESSIONAL PROGRAM AHEAD p.m., SD–419. Week of January 23 through 28, 1995 Committee on Governmental Affairs: January 25, to hold hearings to examine Federal Government reform issues, Senate Chamber focusing on welfare reform, 9:30 a.m., SD–342. Committee on the Judiciary: January 24, Subcommittee on On Monday, Senate will resume consideration of S. Constitution, Federalism, and Property Rights, to hold 1, Unfunded Mandates. hearings on S.J. Res. 16, proposing an amendment to the During the balance of the week, Senate expects to Constitution of the United States to grant the President continue consideration of S. 1, Unfunded Mandates. line-item veto authority, 10 a.m., SD–226. (Senate will recess from 12:30 p.m. until 2:15 p.m., January 25, Subcommittee on Constitution, Federalism, on Tuesday, January 24, 1995, for respective party con- and Property Rights, to hold hearings on S.J. Res. 19, ferences.) proposing an amendment to the Constitution of the Unit- (Senate will meet in joint session with the House of ed States relative to limiting congressional terms, 10 a.m., SD–226. Representative on Tuesday, January 24, 1995, at 9 p.m., Committee on Labor and Human Resources: January 24, to to receive a message from the President of the United States hold hearings on activities of the National Endowment on the State of the Union.) for the Arts, 9:30 a.m., SD–430. Senate Committees Committee on Rules and Administration: January 25, busi- ness meeting, to mark up proposed legislation authoriz- (Committee meetings are open unless otherwise indicated) ing biennial expenditures by standing, select, and special Committee on Agriculture, Nutrition, and Forestry: January committees of the Senate, and to consider other pending 26, to hold hearings on proposed legislation authorizing legislative and administrative business, 9:30 a.m., funds for the Commodity Futures Trading Commission, SR–301. 9:30 a.m., SR–332. Select Committee on Intelligence: January 25, to hold closed Committee on Armed Services: January 24, to hold hear- hearings on intelligence matters, 2 p.m., SH–219. ings on the requirements for ballistic missile defenses, 9:30 a.m., SR–222. House Chamber January 26, Full Committee, to hold hearings on the Monday, Continue consideration of H.R. 5, Un- security implications of the Nuclear Non-Proliferation funded Mandates Reform. Agreement with North Korea, 9:30 a.m., SR–222. Tuesday, Continue consideration of H.R. 5, Un- Committee on the Budget: January 24, to hold hearings to funded Mandates Reform. examine the Federal Government in the 21st Century, 9:30 a.m., SD–608. House will recess at 6:00 p.m. and reconvene at January 25, Full Committee, to hold hearings to re- 9:00 p.m. in order to receive the President of the view the Congressional Budget Office annual report, 9:30 United States in a joint session for the State of the a.m., SD–608. Union Address. January 26, Full Committee, to hold hearings on the Wednesday, Consideration of H.J. Res. 1, Balanced nation’s economic and budget outlook, 9:30 a.m., Budget Amendment (subject to a rule being grant- SD–608. ed). January 27, Full Committee, to hold hearings to exam- Thursday and Friday, Continued consideration of ine government restructuring proposals, 9:30 a.m., H.J. Res. 1, Balanced Budget Amendment. SD–608. Committee on Commerce, Science, and Transportation: Janu- NOTE: Conference reports may be brought up at ary 26, to hold oversight hearings on activities of the Na- any time. Any further program will be announced tional Railroad Passenger Corporation (Amtrak), 2 p.m., later. SR–253. Committee on Finance: January 24, to hold hearings to House Committees examine the merits of static, behavioral, and dynamic Committee on Appropriations, January 24, Subcommittee methods of estimating the impact of Federal fiscal poli- on Interior and Related Agencies, on Public Witnesses cies on Federal revenues, 9:30 a.m., SD–215. (National Endowment for the Arts and National Endow- January 25, Full Committee, to hold hearings to exam- ment for the Humanities), 1:30 p.m., B–308 Capitol. ine the national economic outlook, 9:30 a.m., SD–215. January 24, 25, 26, and 27, Labor, Health and Human January 26, Full Committee, to hold hearings to exam- Services, Education and Related Agencies, on Public Wit- ine the Federal budget outlook, 9:30 a.m., SD–215. nesses, 10 a.m., 2358 Rayburn. D 66 CONGRESSIONAL RECORD — DAILY DIGEST January 20, 1995

January 24, Subcommittee on Veterans’ Affairs, HUD, January 25, Subcommittee on Fisheries, Wildlife and and Independent Agencies, on Restructuring Govern- Oceans, hearing on the following: Sea of Okhotsk Fish- ment, 10 a.m., and 2 p.m., H–143 Capitol. eries Enforcement Act; H.R. 541, to reauthorize the At- January 25, Subcommittee on Commerce, Justice, and lantic Tunas Convention Act of 1975; High Seas Fisheries State and the Judiciary, in Review of U.N. Operations Licensing Act of 1995; a measure to extend authorization and Peacekeeping, 2 p.m., 2360 Rayburn. of the Fishermen’s Protective Act until the year 2000; January 25, Subcommittee on National Security, on H.R. 535, Corning National Fish Hatchery Conveyance Secretary of Defense and Chairman of Joint Chiefs of Act; a measure to direct the Secretary of the Interior to Staff—Ongoing Defense Operations, 9:30 a.m., 2360 convey the Fairport National Fish Hatchery to the State Rayburn. of Iowa; H.R. 542, to approve a governing international January 26, Subcommittee on Foreign Operations, Ex- fishery agreement between the United States and the Peo- port Finance, and Related Agencies, on Foreign Oper- ple’s Republic of China; and H.R. 543, to approve a gov- ations in an Era of Budget Reductions, 10 a.m., 2360 erning international fishery agreement between the Unit- Rayburn. ed States and the Republic of Estonia, 10 a.m., 1334 Committee on Economic and Educational Opportunities, Janu- Longworth. ary 24, Subcommittee on Employer-Employee Relations, January 26, full Committee, oversight hearing on Fed- hearing on the Age Discrimination in Employment Act, eral Efforts to Introduce Canadian Gray Wolves into Yel- Public Safety Exemption, 9:30 a.m., 2175 Rayburn. lowstone National Park and the Central Idaho Wilder- January 25, full Committee, to continue hearings on ness, 9:30 a.m., 1334 Longworth. the Contract With America: Nutrition, 9:30 a.m., 2175 January 26, Subcommittee on National Parks, Forests Rayburn. and Lands, to mark up the following bills: H.R. 531, to January 26, Subcommittee on Oversight and Investiga- designate the Great Western Scenic Trail as a study trail tions, hearing on Re-examining Old Assumptions, time under the National Trails System Act; H.R. 536, to ex- to be announced, 2175 Rayburn. tend indefinitely the authority of the Secretary of the In- Committee on Government Reform and Oversight, January terior to collect a commercial operation fee in the Dela- 25, to mark up H.R. 2, Line Item Veto Act, 10 a.m., ware Water Gap National Recreation Area; H.R. 517, 2154 Rayburn. Chacoan Outliers Protection Act of 1995; H.R. 529, to Committee on International Relations, January 24, hearing authorize the exchange of National Forest System lands in on H.R. 7, National Security Revitalization Act, 10 a.m., the Targhee National Forest in Idaho for non-Federal 2172 Rayburn. lands within the forest in Wyoming; and H.R. 562, to January 24, Subcommittee on Asia and the Pacific, briefing on the Demographic and Security Overview of modify the boundaries of Walnut Canyon National the Asia-Pacific Region, 1 p.m., 2200 Rayburn. Monument in the State of Arizona, 10 a.m., 1324 Long- January 25, Subcommittee on Western Hemisphere, worth. hearing on the Cuban ‘‘March 13th’’ Tugboat Incident, Committee on Rules, January 23, to consider H.J. Res. 1, 2 p.m., 2172 Rayburn. proposing a balanced budget amendment to the Constitu- January 26, full Committee, to continue hearings on tion of the United States, 1 p.m., H–313 Capitol. Evaluating U.S. Foreign Policy, Part III, 9 a.m., 2172 January 24, to receive a briefing on H.R. 2, Line Item Rayburn. Veto Act, 4 p.m., H–313 Capitol. January 26, full Committee, to mark up H.R. 7, Na- Committee on Small Business, January 23, hearing on tional Security Revitalization Act, 2 p.m., 2172 Rayburn. Regulation—Strengthening the Regulatory Flexibility Committee on National Security, January 25, hearing on Act, 2 p.m., 2359 Rayburn. Title 2 of H.R. 7, National Security Revitalization Act, January 25, oversight hearing on SBA 7(a) Lending 9:30 a.m., 2118 Rayburn. Program, 10 a.m., 2359 Rayburn. January 26, executive, briefing on regional hotspots, January 26, hearing on Tax—Capital Gains, Productiv- 9:30 a.m., 2118 Rayburn. ity and Tax Reform, 10 a.m., 2359 Rayburn. Committee on Resources, January 24, Subcommittee on January 27, hearing on Regulation—Paperwork Reduc- National Parks, Forests and Lands, hearing on the follow- tion Act, 10 a.m., 2359 Rayburn. ing bills: H.R. 531, to designate the Great Western Sce- Committee on Transportation and Infrastructure, January nic Trail as a study trail under the National Trails Sys- 26, Subcommittee on Railroads, hearing on Disposition of tem Act; H.R. 536, to extend indefinitely the authority the ICC’s Rail Merger Authority, 9 a.m., 2167 Rayburn. of the Secretary of the Interior to collect a commercial Committee on Ways and Means, January 23 and 27, Sub- operation fee in the Delaware Water Gap National Recre- committee on Human Resources, to continue hearings on ation Area; H.R. 517, Chacoan Outliers Protection Act of H.R. 4, Personal Responsibility Act, 12 p.m., on January 1995; H.R. 529, to authorize the exchange of National 23 and 10 a.m., on January 27, 1100 Longworth. Forest System lands in the Targhee National Forest in January 23, Subcommittee on Oversight, hearing on Idaho for non-Federal lands within the forest in Wyo- child welfare, 10 a.m., B–318 Rayburn. ming; and H.R. 562, to modify the boundaries of Wal- January 24, 25, and 26, full Committee, to continue nut Canyon National Monument in the State of Arizona, hearings on the Contract With America, 10 a.m., 1100 10 a.m., 1324 Longworth. Longworth. January 20, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 67

January 27, Subcommittee on Health, hearing on the vision, and other properties under certain circumstances), health insurance tax deduction for the self-employed, 12 10 a.m., B–318 Rayburn. p.m., 1310 Longworth. January 27, Subcommittee on Oversight, hearing on Joint Meetings Internal Revenue Code section 1071 (the operation and Joint Economic Committee: January 23, to resume hearings administration of the provision which allows the FCC to on proposals to amend the Constitution of the United grant tax relief with respect to the sales of radio, tele- States to require a balanced budget, 9:30 a.m., SD–562. D 68 CONGRESSIONAL RECORD — DAILY DIGEST January 20, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Monday, January 23 12:30 p.m., Monday, January 23

Senate Chamber House Chamber Program for Monday: After the recognition of three Program for Monday: Continue consideration of H.R. 5, Senators for speeches and the transaction of any morning Unfunded Mandates Reform. business (not to extend beyond 10:30 a.m.), Senate will resume consideration of S. 1, Unfunded Mandates.

Extensions of Remarks, as inserted in this issue

HOUSE Hoyer, Steny H., Md., E146 Roberts, Pat, Kans., E142 Jackson-Lee, Sheila, Tex., E148 Roth, Toby, Wis., E145 Collins, Cardiss, Ill., E141, E142 Jacobs, Andrew, Jr., Ind., E152 Sabo, Martin Olav, Minn., E143 Crane, Philip M., Ill., E142 Menendez, Robert, N.J., E141, E143 Schaefer, Dan, Colo., E148 Davis, Thomas M., Va., E149 Ney, Robert W., Ohio, E145 Skaggs, David E., Colo., E144 Dornan, Robert K., Calif., E150 Olver, John W., Mass., E149 Smith, Christopher H., N.J., E145 Gingrich, Newt, Ga., E144 Packard, Ron, Calif., E145 Stenholm, Charles W., Tex., E148 Gunderson, Steve, Wis., E147 Pastor, Ed, Ariz., E145 Stump, Bob, Ariz., E146 Horn, Stephen, Calif., E147 Rahall, Nick J., II, W. Va., E146 Wyden, Ron, Ore., E149

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