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, MONDAY, MARCH 13, 1995 No. 46 House of Representatives

The House met at 2 p.m. and was PLEDGE OF ALLEGIANCE alty; and congressional term limits to called to order by the Speaker pro tem- The SPEAKER pro tempore. Will the make Congress a citizen legislature. pore [Mr. JONES]. This is our Contract With America. gentlewoman from Oregon [Ms. FURSE] f come forward and lead the House in the f DESIGNATION OF THE SPEAKER Pledge of Allegiance. PRO TEMPORE Ms. FURSE led the Pledge of Alle- ELIMINATION OF LIHEAP IS giance as follows: The SPEAKER pro tempore laid be- IRRESPONSIBLE fore the House the following commu- I pledge allegiance to the Flag of the (Mr. BALDACCI asked and was given United States of America, and to the Repub- permission to address the House for 1 nication from the Speaker: lic for which it stands, one nation under God, WASHINGTON, DC, indivisible, with liberty and justice for all. minute and to revise and extend his re- March 13, 1995. marks.) I hereby designate the Honorable WALTER f Mr. BALDACCI. Mr. Speaker, our Re- B. JONES, Jr. to act as Speaker pro tempore publican colleagues have proposed the on this day. REPUBLICAN CONTRACT WITH elimination of funds for the LIHEAP NEWT GINGRICH, AMERICA Program. This is simply irresponsible. Speaker of the House of Representatives. The winter in Maine is long and cold. f (Mr. STEARNS asked and was given permission to address the House for 1 Last month in Presque Isle, the tem- PRAYER minute and to revise and extend his re- perature averaged just 9 degrees. That’s relatively warm. In January The Chaplain, Rev. James David marks.) Mr. STEARNS. Mr. Speaker, our 1994, the average temperature was Ford, D.D., offered the following pray- minus .7 degree. Last winter, 60,000 er: Contract With America states the fol- lowing: Maine households received help from With the psalmist of old we pray: the LIHEAP Program. ‘‘Whither shall I go from thy Spirit? On the first day of Congress, a Re- publican House will require Congress to An elderly woman in Woodland, ME, Or whither shall I flee from thy pres- recently sent a letter to the State ence? live under the same laws as everyone else; cut committee staffs by one-third; agency that oversees LIHEAP funds to ‘‘If I ascend to Heaven, Thou art say thank you for her fuel assistance. and cut the congressional budget. there! If I make my bed in Sheol, Thou She said that she had high medication We kept our promise. art there! costs and lived on a meager income, It continues that in the first 100 days, ‘‘If I take the wings of the morning and that without LIHEAP, she would we will vote on the following items: A and dwell in the uttermost parts of the have been forced to stop buying the balanced budget amendment—we kept sea, even there thy hand shall lead me, medications that keep her well. our promise; unfunded mandates legis- and thy right hand shall hold me.’’ Nobody should be forced to choose lation—we kept our promise; line-item O gracious God, You have promised between heat and medicine or heat and veto—we kept our promise; a new to be with us in every time and every food. This proposal unfairly targets crime package to stop violent crimi- place and have assured us that Your two highly vulnerable populations: nals—we kept our promise; national se- healing spirit never leaves. We pray children and the elderly. That is this day that Your spirit and Your curity restoration to protect our free- wrong. It is not the fault of children or blessings are with us and remain with doms—we kept our promise; Govern- the poor or the elderly that our Nation us always. Amen. ment regulatory reform—we kept our faces high deficits and debts. They f promise; commonsense legal reform to should not have the budget balanced on end frivolous lawsuits—we kept our THE JOURNAL their backs. promise; welfare reform to encourage I urge my colleagues to reject this The SPEAKER pro tempore. The work, not dependence; family rein- proposal to kill the LIHEAP Program. Chair has examined the Journal of the forcement to crack down on deadbeat LIHEAP is not waste; it is not pork; it last day’s proceedings and announces dads and protect our children; tax cuts is an effective program that saves lives to the House his approval thereof. for middle-income families; Senior and deserves to be maintained. Pursuant to clause 1, rule I, the Jour- Citizens’ Equity Act to allow our sen- nal stands approved. iors to work without Government pen-

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 3051 H 3052 CONGRESSIONAL RECORD — HOUSE March 13, 1995 CONGRATULATIONS TO GO BIG RED and Weldon city schools. You have CORNHUSKERS (Mr. BARRETT of Nebraska asked made North Carolina proud. (Mr. BEREUTER asked and was and was given permission to address f given permission to address the House the House for 1 minute and to revise for 1 minute.) and extend his remarks.) ILLEGAL IMMIGRATION Mr. BEREUTER. Mr. Speaker, it is a Mr. BARRETT of Nebraska. Mr. (Mr. ROHRABACHER asked and was proud day for Nebraska because the Speaker, I rise to congratulate the 1994 given permission to address the House NCAA football champions University of National Champion Nebraska for 1 minute and to revise and extend Nebraska Cornhuskers are in the city Cornhuskers, as they were honored his remarks.) to be honored today. At 11:30 on the today at the White House with Presi- Mr. ROHRABACHER. Mr. Speaker, in south lawn of the White House, they dent Clinton. the last Congress there was a lot of were honored by President Clinton. We Despite losing a starting quarterback tough talk about illegal immigration; are very proud, of course, of coach Tom and nearly losing a second one, coach however, little got accomplished. The Osborne, his coaching staff and the Tom Osborne led his team to an Democrat majority repeatedly pre- players of the Nebraska Cornhuskers. undefeated season, and Nebraska’s vented us from considering legislation Coach Osborne has taken his teams third national title. It was Coach to stop the flood of illegal immigration to 22 consecutive bowls. He has the Osborne’s first national championship, facing our country. And contrary to one of the best coaching minds in the best winning record of any active col- public demands, they even slipped in a country. lege coach in the Nation, with over 82 change to immigration law which re- Nebraska’s win in the Orange Bowl percent wins. wards illegal aliens for breaking into was a tremendous accomplishment, as We are also very proud of the fact not our country. This provision was snuck the Cornhuskers overcame a hometown only do we have three all-American into last year’s Commerce, State, Jus- crowd and a very good Miami team. In tice appropriation bill without most players on the team this year, but we the final analysis, the Huskers won it Members’ knowledge and allows cer- have three academic all-Americans, in- with heart. We’re all proud of the tre- tain aliens who are in the United cluding the outstanding academic all- mendous effort that it took to win. States illegally—let me repeat that, il- American in the United States, which Mr. Speaker, this outstanding team legally—to pay an $800 fee to the INS gives the University of Nebraska now was not just No. 1 on the football field. and acquire temporary legal status more academic all-Americans by far They also have had 56 football aca- while applying to become permanent than any other school in the country. demic all-Americans, more than any legal residents. These illegal aliens Coach Osborne, we take our football other university in the Nation. They then are eligible for a whole host of very seriously out there. We liked the work as hard in the classroom as they taxpayer-funded Government benefits. event so much today, we think we will do on the football field. Our social service agencies are al- make it an annual affair. On behalf of the people of Nebraska ready stretched to the limit trying to Congratulations. and Husker fans everywhere, I say to provide services to eligible citizens and Coach Osborne and the Cornhuskers: f permanent residents who need them. congratulations. You deserve to be No. How are we going to handle the needs 1. AMERICA’S ECONOMIC SYSTEM of the 100,000 people the INS estimates AND WOMEN f will qualify this year, alone, under this (Mrs. SCHROEDER asked and was NORTHAMPTON AND HALIFAX fee-for-preference system? given permission to address the House STUDENTS WIN ELECTRIC CAR I have introduced a bill, H.R. 592, for 1 minute and to revise and extend COMPETITION which will repeal this travesty of jus- tice. Let’s stop rewarding those who her remarks.) (Mrs. CLAYTON asked and was given Mrs. SCHROEDER. Mr. Speaker, I have flagrantly violated our immigra- permission to address the House for 1 tion laws by closing this loophole im- know all of us today want to congratu- minute and to revise and extend her re- late the new freshman Congresswoman mediately. Cosponsor H.R. 592 today. marks.) Let us make this Congress act, un- from Utah, as she and her husband an- Mrs. CLAYTON. Mr. Speaker, I want nounce that she will be expecting a like when the Democrats controlled to commend the 14 young scientists Congress and refused to stop illegal im- new baby. This will only be the second from the counties of Northampton and Congresswoman who had a baby during migration. We Republicans will do the Halifax in my congressional district. job. her term of office, the first being They are the winners of the 1995 Na- Yvonne Brathwaite Burke. She did a tional Electric Car Championships. At f terrific job, so the precedent has been the competition, held in Phoenix, AZ, laid. And I know all will go well. recently, the car submitted by these REPUBLICANS AND THEIR PROM- I particularly appreciate what the students was judged better than elec- ISE OF A VOTE ON TERM LIMITS Congresswoman from Utah said in that tric cars submitted by 37 other school (Ms. FURSE asked and was given per- she said this was no big deal. Over 60 systems, throughout the Nation. mission to address the House for 1 percent of the women in Utah with The National Championship followed minute and to revise and extend her re- small children were working outside top honors won by this same group at marks.) the home and so that is what American the Mid-Atlantic Electric Vehicle Ms. FURSE. Mr. Speaker, every day families are doing today. Grand Prix, which was held in Rich- the Republicans come down on this I also hope the gentlewoman from mond, VA, last spring. Their win is floor and they tell us how they have Utah brings that up to the chairman of even more impressive when considering kept their promises with the contract. the Committee on Ways and Means that the students come from schools Well, they did keep some. They kept who was in the Wall Street Journal that are among the poorest in North their promise to adversely affect chil- this week saying they had to get the Carolina. Competing against much dren, women, and seniors. They kept Tax Code fixed so that women could larger and wealthier schools, the stu- their promise to weaken environmental stay home in their proper role and take dents rebuilt a Geo Metro with an elec- laws. They kept their promise to pro- care of children. That may be the world tric engine and scored at or near the tect companies who produce products he would like, but unfortunately that top in four of the five categories used that harm women and children. is not the world the economic system in judging. Their teachers, Eric Ryan Yes, they made lots of promises, but allows. and Harold Miller, are also to be com- they made another promise. They So congratulations to her, and we mended for their patience and the long promised to bring term limits to the will all do a lot of reeducation, we hours they devoted to providing guid- floor. They promised that we could hope, on some of the Members who still ance and direction to the students. vote today on congressional term lim- have not gotten it yet. Congratulations Northampton, Halifax, its. March 13, 1995 CONGRESSIONAL RECORD — HOUSE H 3053 But guess what? The leadership said House of Representatives before the Senate and TITLE I—LEGISLATIVE ACCOUNTABILITY they could not schedule that vote the House of Representatives vote on proposed AND REFORM today. I ask my colleagues why. legislation; SEC. 101. LEGISLATIVE MANDATE ACCOUNTABIL- I suggest, perhaps because now they (4) to promote informed and deliberate deci- ITY AND REFORM. sions by Congress on the appropriateness of (a) IN GENERAL.—Title IV of the Congres- are elected, they really do not want to Federal mandates in any particular instance; sional Budget and Impoundment Control Act of consider term limits. (5) to require that Congress consider whether 1974 is amended by— f to provide funding to assist State, local, and tribal governments in complying with Federal (1) inserting before section 401 the following: CONFERENCE REPORT ON S. 1, UN- mandates, to require analyses of the impact of ‘‘PART A—GENERAL PROVISIONS’’; and FUNDED MANDATES REFORM private sector mandates, and through the dis- (2) adding at the end thereof the following ACT OF 1995 semination of that information provide informed new part: Mr. CLINGER submitted the follow- and deliberate decisions by Congress and Fed- eral agencies and retain competitive balance be- ‘‘PART B—FEDERAL MANDATES ing conference report and statement on tween the public and private sectors; ‘‘SEC. 421. DEFINITIONS. the Senate bill (S. 1) to curb the prac- (6) to establish a point-of-order vote on the ‘‘For purposes of this part: tice of imposing unfunded Federal consideration in the Senate and House of Rep- ‘‘(1) AGENCY.—The term ‘agency’ has the same mandates on States and local govern- resentatives of legislation containing significant meaning as defined in section 551(1) of title 5, ments; to strengthen the partnership Federal intergovernmental mandates without United States Code, but does not include inde- between the Federal Government and providing adequate funding to comply with such pendent regulatory agencies. mandates; State, local, and tribal governments; to ‘‘(2) AMOUNT.—The term ‘amount’, with re- (7) to assist Federal agencies in their consider- end the imposition, in the absence of spect to an authorization of appropriations for ation of proposed regulations affecting State, Federal financial assistance, means the amount full consideration by Congress, of Fed- local, and tribal governments, by— eral mandates on State, local, and trib- (A) requiring that Federal agencies develop a of budget authority for any Federal grant as- al governments without adequate fund- process to enable the elected and other officials sistance program or any Federal program pro- ing, in a manner that may displace of State, local, and tribal governments to pro- viding loan guarantees or direct loans. other essential governmental prior- vide input when Federal agencies are develop- ‘‘(3) DIRECT COSTS.—The term ‘direct costs’— ities; and to ensure that the Federal ing regulations; and ‘‘(A)(i) in the case of a Federal intergovern- (B) requiring that Federal agencies prepare mental mandate, means the aggregate estimated Government pays the costs incurred by amounts that all State, local, and tribal govern- those governments in complying with and consider estimates of the budgetary impact of regulations containing Federal mandates ments would be required to spend or would be certain requirements under Federal upon State, local, and tribal governments and prohibited from raising in revenues in order to statutes and regulations; and for other the private sector before adopting such regula- comply with the Federal intergovernmental purposes: tions, and ensuring that small governments are mandate; or ‘‘(ii) in the case of a provision referred to in CONFERENCE REPORT (H. REPT. 104–76) given special consideration in that process; and (8) to begin consideration of the effect of pre- paragraph (5)(A)(ii), means the amount of Fed- The committee of conference on the dis- viously imposed Federal mandates, including eral financial assistance eliminated or reduced; agreeing votes of the two Houses on the the impact on State, local, and tribal govern- ‘‘(B) in the case of a Federal private sector amendment of the House to the bill (S. 1), to ments of Federal court interpretations of Fed- mandate, means the aggregate estimated curb the practice of imposing unfunded Fed- eral statutes and regulations that impose Fed- amounts that the private sector will be required eral mandates on States and local govern- eral intergovernmental mandates. to spend in order to comply with the Federal ments; to strengthen the partnership be- private sector mandate; tween the Federal Government and State, SEC. 3. DEFINITIONS. local and tribal governments; to end the im- For purposes of this Act— ‘‘(C) shall be determined on the assumption (1) except as provided in section 305 of this position, in the absence of full consideration that— Act, the terms defined under section 421 of the by Congress, of Federal mandates on State, ‘‘(i) State, local, and tribal governments, and Congressional Budget and Impoundment Con- local, and tribal governments without ade- the private sector will take all reasonable steps trol Act of 1974 (as added by section 101 of this quate funding, in a manner that may dis- necessary to mitigate the costs resulting from Act) shall have the meanings as so defined; and place other essential governmental prior- the Federal mandate, and will comply with ap- (2) the term ‘‘Director’’ means the Director of ities; and to ensure that the Federal Govern- plicable standards of practice and conduct es- the Congressional Budget Office. ment pays the costs incurred by those gov- tablished by recognized professional or trade as- ernments in complying with certain require- SEC. 4. EXCLUSIONS. sociations; and ments under Federal statutes and regula- This Act shall not apply to any provision in a ‘‘(ii) reasonable steps to mitigate the costs tions; and for other purposes, having met, bill, joint resolution, amendment, motion, or shall not include increases in State, local, or after full and free conference, have agreed to conference report before Congress and any pro- tribal taxes or fees; and recommend and do recommend to their re- vision in a proposed or final Federal regulation ‘‘(D) shall not include— spective Houses as follows: that— ‘‘(i) estimated amounts that the State, local, That the Senate recede from its disagree- (1) enforces constitutional rights of individ- and tribal governments (in the case of a Federal ment to the amendment of the House and uals; intergovernmental mandate) or the private sec- agree to the same with an amendment as fol- (2) establishes or enforces any statutory rights tor (in the case of a Federal private sector man- lows: that prohibit discrimination on the basis of race, date) would spend— color, religion, sex, national origin, age, handi- In lieu of the matter proposed to be in- ‘‘(I) to comply with or carry out all applicable cap, or disability; serted by the House amendment, insert the Federal, State, local, and tribal laws and regu- (3) requires compliance with accounting and following: lations in effect at the time of the adoption of auditing procedures with respect to grants or SECTION 1. SHORT TITLE. the Federal mandate for the same activity as is other money or property provided by the Federal This Act may be cited as the ‘‘Unfunded Man- affected by that Federal mandate; or Government; dates Reform Act of 1995’’. (4) provides for emergency assistance or relief ‘‘(II) to comply with or carry out State, local, SEC. 2. PURPOSES. at the request of any State, local, or tribal gov- and tribal governmental programs, or private- The purposes of this Act are— ernment or any official of a State, local, or trib- sector business or other activities in effect at the (1) to strengthen the partnership between the al government; time of the adoption of the Federal mandate for Federal Government and State, local, and tribal (5) is necessary for the national security or the same activity as is affected by that mandate; governments; or (2) to end the imposition, in the absence of the ratification or implementation of inter- national treaty obligations; ‘‘(ii) expenditures to the extent that such ex- full consideration by Congress, of Federal man- penditures will be offset by any direct savings to dates on State, local, and tribal governments (6) the President designates as emergency leg- islation and that the Congress so designates in the State, local, and tribal governments, or by without adequate Federal funding, in a manner the private sector, as a result of— that may displace other essential State, local, statute; or (7) relates to the old-age, survivors, and dis- ‘‘(I) compliance with the Federal mandate; or and tribal governmental priorities; (3) to assist Congress in its consideration of ability insurance program under title II of the ‘‘(II) other changes in Federal law or regula- proposed legislation establishing or revising Social Security Act (including taxes imposed by tion that are enacted or adopted in the same bill Federal programs containing Federal mandates sections 3101(a) and 3111(a) of the Internal Rev- or joint resolution or proposed or final Federal affecting State, local, and tribal governments, enue Code of 1986 (relating to old-age, survivors, regulation and that govern the same activity as and the private sector by— and disability insurance)). is affected by the Federal mandate. (A) providing for the development of informa- SEC. 5. AGENCY ASSISTANCE. ‘‘(4) DIRECT SAVINGS.—The term ‘direct sav- tion about the nature and size of mandates in Each agency shall provide to the Director ings’, when used with respect to the result of proposed legislation; and such information and assistance as the Director compliance with the Federal mandate— (B) establishing a mechanism to bring such in- may reasonably request to assist the Director in ‘‘(A) in the case of a Federal intergovern- formation to the attention of the Senate and the carrying out this Act. mental mandate, means the aggregate estimated H 3054 CONGRESSIONAL RECORD — HOUSE March 13, 1995

reduction in costs to any State, local, or tribal ‘‘(10) REGULATION; RULE.—The term ‘regula- termination of the Federal mandate as provided government as a result of compliance with the tion’ or ‘rule’ (except with respect to a rule of under section 425(a)(2) would affect the competi- Federal intergovernmental mandate; and either House of the Congress) has the meaning tive balance between State, local, or tribal gov- ‘‘(B) in the case of a Federal private sector of ‘rule’ as defined in section 601(2) of title 5, ernments and the private sector including a de- mandate, means the aggregate estimated reduc- United States Code. scription of the actions, if any, taken by the tion in costs to the private sector as a result of ‘‘(11) SMALL GOVERNMENT.—The term ‘small committee to avoid any adverse impact on the compliance with the Federal private sector man- government’ means any small governmental ju- private sector or the competitive balance be- date. risdictions defined in section 601(5) of title 5, tween the public sector and the private sector. ‘‘(5) FEDERAL INTERGOVERNMENTAL MAN- United States Code, and any tribal government. ‘‘(d) INTERGOVERNMENTAL MANDATES.—If any DATE.—The term ‘Federal intergovernmental ‘‘(12) STATE.—The term ‘State’ has the same of the Federal mandates in the bill or joint reso- mandate’ means— meaning as defined in section 6501(9) of title 31, lution are Federal intergovernmental mandates, ‘‘(A) any provision in legislation, statute, or United States Code. the report required under subsection (a) shall regulation that— ‘‘(13) TRIBAL GOVERNMENT.—The term ‘tribal also contain— ‘‘(i) would impose an enforceable duty upon government’ means any Indian tribe, band, na- ‘‘(1)(A) a statement of the amount, if any, of State, local, or tribal governments, except— tion, or other organized group or community, in- increase or decrease in authorization of appro- ‘‘(I) a condition of Federal assistance; or cluding any Alaska Native village or regional or priations under existing Federal financial as- ‘‘(II) a duty arising from participation in a village corporation as defined in or established sistance programs, or of authorization of appro- voluntary Federal program, except as provided pursuant to the Alaska Native Claims Settle- priations for new Federal financial assistance, in subparagraph (B)); or ment Act (85 Stat. 688; 43 U.S.C. 1601 et seq.) ‘‘(ii) would reduce or eliminate the amount of provided by the bill or joint resolution and usa- which is recognized as eligible for the special ble for activities of State, local, or tribal govern- authorization of appropriations for— programs and services provided by the United ‘‘(I) Federal financial assistance that would ments subject to the Federal intergovernmental States to Indians because of their special status mandates; be provided to State, local, or tribal governments as Indians. for the purpose of complying with any such pre- ‘‘(B) a statement of whether the committee in- ‘‘SEC. 422. EXCLUSIONS. viously imposed duty unless such duty is re- tends that the Federal intergovernmental man- ‘‘This part shall not apply to any provision in duced or eliminated by a corresponding amount; dates be partly or entirely unfunded, and if so, a bill, joint resolution, amendment, motion, or or the reasons for that intention; and ‘‘(II) the control of borders by the Federal conference report before Congress that— ‘‘(C) if funded in whole or in part, a state- ‘‘(1) enforces constitutional rights of individ- Government; or reimbursement to State, local, or ment of whether and how the committee has cre- uals; tribal governments for the net cost associated ated a mechanism to allocate the funding in a ‘‘(2) establishes or enforces any statutory with illegal, deportable, and excludable aliens, manner that is reasonably consistent with the rights that prohibit discrimination on the basis including court-mandated expenses related to expected direct costs among and between the re- of race, color, religion, sex, national origin, age, emergency health care, education or criminal spective levels of State, local, and tribal govern- handicap, or disability; justice; when such a reduction or elimination ment; and ‘‘(3) requires compliance with accounting and would result in increased net costs to State, ‘‘(2) any existing sources of Federal assistance auditing procedures with respect to grants or local, or tribal governments in providing edu- in addition to those identified in paragraph (1) other money or property provided by the Federal cation or emergency health care to, or incarcer- that may assist State, local, and tribal govern- Government; ation of, illegal aliens; except that this ments in meeting the direct costs of the Federal ‘‘(4) provides for emergency assistance or re- subclause shall not be in effect with respect to intergovernmental mandates. lief at the request of any State, local, or tribal a State, local, or tribal government, to the ex- government or any official of a State, local, or ‘‘(e) PREEMPTION CLARIFICATION AND INFOR- tent that such government has not fully cooper- tribal government; MATION.—When a committee of authorization of ated in the efforts of the Federal Government to ‘‘(5) is necessary for the national security or the Senate or the House of Representatives re- locate, apprehend, and deport illegal aliens; the ratification or implementation of inter- ports a bill or joint resolution of public char- ‘‘(B) any provision in legislation, statute, or national treaty obligations; acter, the committee report accompanying the regulation that relates to a then-existing Fed- ‘‘(6) the President designates as emergency bill or joint resolution shall contain, if relevant eral program under which $500,000,000 or more is legislation and that the Congress so designates to the bill or joint resolution, an explicit state- provided annually to State, local, and tribal in statute; or ment on the extent to which the bill or joint res- governments under entitlement authority, if the ‘‘(7) relates to the old-age, survivors, and dis- olution is intended to preempt any State, local, provision— ability insurance program under title II of the or tribal law, and, if so, an explanation of the ‘‘(i)(I) would increase the stringency of condi- Social Security Act (including taxes imposed by effect of such preemption. tions of assistance to State, local, or tribal gov- sections 3101(a) and 3111(a) of the Internal Rev- ‘‘(f) PUBLICATION OF STATEMENT FROM THE ernments under the program; or DIRECTOR.— ‘‘(II) would place caps upon, or otherwise de- enue Code of 1986 (relating to old-age, survivors, ‘‘(1) IN GENERAL.—Upon receiving a statement crease, the Federal Government’s responsibility and disability insurance)). from the Director under section 424, a committee to provide funding to State, local, or tribal gov- ‘‘SEC. 423. DUTIES OF CONGRESSIONAL COMMIT- of the Senate or the House of Representatives ernments under the program; and TEES. shall publish the statement in the committee re- ‘‘(ii) the State, local, or tribal governments ‘‘(a) IN GENERAL.—When a committee of au- port accompanying the bill or joint resolution to that participate in the Federal program lack au- thorization of the Senate or the House of Rep- which the statement relates if the statement is thority under that program to amend their fi- resentatives reports a bill or joint resolution of available at the time the report is printed. nancial or programmatic responsibilities to con- public character that includes any Federal man- tinue providing required services that are af- date, the report of the committee accompanying ‘‘(2) OTHER PUBLICATION OF STATEMENT OF DI- fected by the legislation, statute, or regulation. the bill or joint resolution shall contain the in- RECTOR.—If the statement is not published in ‘‘(6) FEDERAL MANDATE.—The term ‘Federal formation required by subsections (c) and (d). the report, or if the bill or joint resolution to mandate’ means a Federal intergovernmental ‘‘(b) SUBMISSION OF BILLS TO THE DIREC- which the statement relates is expected to be mandate or a Federal private sector mandate, as TOR.—When a committee of authorization of the considered by the Senate or the House of Rep- defined in paragraphs (5) and (7). Senate or the House of Representatives orders resentatives before the report is published, the ‘‘(7) FEDERAL PRIVATE SECTOR MANDATE.—The reported a bill or joint resolution of a public committee shall cause the statement, or a sum- term ‘Federal private sector mandate’ means character, the committee shall promptly provide mary thereof, to be published in the Congres- any provision in legislation, statute, or regula- the bill or joint resolution to the Director of the sional Record in advance of floor consideration tion that— Congressional Budget Office and shall identify of the bill or joint resolution. ‘‘(A) would impose an enforceable duty upon to the Director any Federal mandates contained ‘‘SEC. 424. DUTIES OF THE DIRECTOR; STATE- the private sector except— in the bill or resolution. MENTS ON BILLS AND JOINT RESO- ‘‘(i) a condition of Federal assistance; or ‘‘(c) REPORTS ON FEDERAL MANDATES.—Each LUTIONS OTHER THAN APPROPRIA- ‘‘(ii) a duty arising from participation in a report described under subsection (a) shall con- TIONS BILLS AND JOINT RESOLU- voluntary Federal program; or tain— TIONS. ‘‘(B) would reduce or eliminate the amount of ‘‘(1) an identification and description of any ‘‘(a) FEDERAL INTERGOVERNMENTAL MAN- authorization of appropriations for Federal fi- Federal mandates in the bill or joint resolution, DATES IN REPORTED BILLS AND RESOLUTIONS.— nancial assistance that will be provided to the including the direct costs to State, local, and For each bill or joint resolution of a public char- private sector for the purposes of ensuring com- tribal governments, and to the private sector, re- acter reported by any committee of authoriza- pliance with such duty. quired to comply with the Federal mandates; tion of the Senate or the House of Representa- ‘‘(8) LOCAL GOVERNMENT.—The term ‘local ‘‘(2) a qualitative, and if practicable, a quan- tives, the Director of the Congressional Budget government’ has the same meaning as defined in titative assessment of costs and benefits antici- Office shall prepare and submit to the committee section 6501(6) of title 31, United States Code. pated from the Federal mandates (including the a statement as follows: ‘‘(9) PRIVATE SECTOR.—The term ‘private sec- effects on health and safety and the protection ‘‘(1) CONTENTS.—If the Director estimates that tor’ means all persons or entities in the United of the natural environment); and the direct cost of all Federal intergovernmental States, including individuals, partnerships, as- ‘‘(3) a statement of the degree to which a Fed- mandates in the bill or joint resolution will sociations, corporations, and educational and eral mandate affects both the public and private equal or exceed $50,000,000 (adjusted annually nonprofit institutions, but shall not include sectors and the extent to which Federal pay- for inflation) in the fiscal year in which any State, local, or tribal governments. ment of public sector costs or the modification or Federal intergovernmental mandate in the bill March 13, 1995 CONGRESSIONAL RECORD — HOUSE H 3055 or joint resolution (or in any necessary imple- tion is passed in an amended form (including if sponsible Federal agency are submitted to Con- menting regulation) would first be effective or in passed by one House as an amendment in the gress under subclause (I)(bb) unless Congress any of the 4 fiscal years following such fiscal nature of a substitute for the text of a bill or provides otherwise by law; or year, the Director shall so state, specify the esti- joint resolution from the other House) or is re- ‘‘(cc) in the case that such mandate that has mate, and briefly explain the basis of the esti- ported by a committee of conference in amended not yet taken effect, continue not to be effective mate. form, and the amended form contains a Federal unless Congress provides otherwise by law. ‘‘(2) ESTIMATES.—Estimates required under mandate not previously considered by either ‘‘(b) RULE OF CONSTRUCTION.—The provisions paragraph (1) shall include estimates (and brief House or which contains an increase in the di- of subsection (a)(2)(B)(iii) shall not be construed explanations of the basis of the estimates) of— rect cost of a previously considered Federal to prohibit or otherwise restrict a State, local, or ‘‘(A) the total amount of direct cost of comply- mandate, then the committee of conference shall tribal government from voluntarily electing to ing with the Federal intergovernmental man- ensure, to the greatest extent practicable, that remain subject to the original Federal intergov- dates in the bill or joint resolution; the Director shall prepare a statement as pro- ernmental mandate, complying with the pro- ‘‘(B) if the bill or resolution contains an au- vided in this subsection or a supplemental state- grammatic or financial responsibilities of the thorization of appropriations under section ment for the bill or joint resolution in that original Federal intergovernmental mandate 425(a)(2)(B), the amount of new budget author- amended form. and providing the funding necessary consistent ity for each fiscal year for a period not to exceed ‘‘SEC. 425. LEGISLATION SUBJECT TO POINT OF 10 years beyond the effective date necessary for ORDER. with the costs of Federal agency assistance, the direct cost of the intergovernmental man- ‘‘(a) IN GENERAL.—It shall not be in order in monitoring, and enforcement. date; and the Senate or the House of Representatives to ‘‘(c) COMMITTEE ON APPROPRIATIONS.— ‘‘(C) the amount, if any, of increase in au- consider— ‘‘(1) APPLICATION.—The provisions of sub- thorization of appropriations under existing ‘‘(1) any bill or joint resolution that is re- section (a)— Federal financial assistance programs, or of au- ported by a committee unless the committee has ‘‘(A) shall not apply to any bill or resolution thorization of appropriations for new Federal fi- published a statement of the Director on the di- reported by the Committee on Appropriations of nancial assistance, provided by the bill or joint rect costs of Federal mandates in accordance resolution and usable by State, local, or tribal the Senate or the House of Representatives; ex- with section 423(f) before such consideration, ex- cept governments for activities subject to the Federal cept this paragraph shall not apply to any sup- ‘‘(B) shall apply to— intergovernmental mandates. plemental statement prepared by the Director ‘‘(3) ESTIMATE NOT FEASIBLE.—If the Director under section 424(d); and ‘‘(i) any legislative provision increasing direct determines that it is not feasible to make a rea- ‘‘(2) any bill, joint resolution, amendment, costs of a Federal intergovernmental mandate sonable estimate that would be required under motion, or conference report that would increase contained in any bill or resolution reported by paragraphs (1) and (2), the Director shall not the direct costs of Federal intergovernmental the Committee on Appropriations of the Senate make the estimate, but shall report in the state- mandates by an amount that causes the thresh- or House of Representatives; ment that the reasonable estimate cannot be olds specified in section 424(a)(1) to be exceeded, ‘‘(ii) any legislative provision increasing direct made and shall include the reasons for that de- unless— costs of a Federal intergovernmental mandate termination in the statement. If such determina- ‘‘(A) the bill, joint resolution, amendment, mo- contained in any amendment offered to a bill or tion is made by the Director, a point of order tion, or conference report provides new budget resolution reported by the Committee on Appro- under this part shall lie only under section authority or new entitlement authority in the priations of the Senate or House of Representa- 425(a)(1) and as if the requirement of section House of Representatives or direct spending au- tives; 425(a)(1) had not been met. thority in the Senate for each fiscal year for ‘‘(iii) any legislative provision increasing di- ‘‘(b) FEDERAL PRIVATE SECTOR MANDATES IN such mandates included in the bill, joint resolu- rect costs of a Federal intergovernmental man- REPORTED BILLS AND JOINT RESOLUTIONS.—For tion, amendment, motion, or conference report each bill or joint resolution of a public character date in a conference report accompanying a bill in an amount equal to or exceeding the direct or resolution reported by the Committee on Ap- reported by any committee of authorization of costs of such mandate; or the Senate or the House of Representatives, the propriations of the Senate or House of Rep- ‘‘(B) the bill, joint resolution, amendment, mo- resentatives; and Director of the Congressional Budget Office tion, or conference report includes an author- ‘‘(iv) any legislative provision increasing di- shall prepare and submit to the committee a ization for appropriations in an amount equal rect costs of a Federal intergovernmental man- statement as follows: to or exceeding the direct costs of such mandate, date contained in any amendments in disagree- ‘‘(1) CONTENTS.—If the Director estimates that and— the direct cost of all Federal private sector man- ‘‘(i) identifies a specific dollar amount of the ment between the two Houses to any bill or reso- dates in the bill or joint resolution will equal or direct costs of such mandate for each year up to lution reported by the Committee on Appropria- exceed $100,000,000 (adjusted annually for infla- 10 years during which such mandate shall be in tions of the Senate or House of Representatives. tion) in the fiscal year in which any Federal effect under the bill, joint resolution, amend- ‘‘(2) CERTAIN PROVISIONS STRICKEN IN SEN- private sector mandate in the bill or joint resolu- ment, motion or conference report, and such es- ATE.—Upon a point of order being made by any tion (or in any necessary implementing regula- timate is consistent with the estimate determined Senator against any provision listed in para- tion) would first be effective or in any of the 4 under subsection (e) for each fiscal year; graph (1)(B), and the point of order being sus- fiscal years following such fiscal year, the Di- ‘‘(ii) identifies any appropriation bill that is tained by the Chair, such specific provision rector shall so state, specify the estimate, and expected to provide for Federal funding of the shall be deemed stricken from the bill, resolu- briefly explain the basis of the estimate. direct cost referred to under clause (i); and tion, amendment, amendment in disagreement, ‘‘(2) ESTIMATES.—Estimates required under ‘‘(iii)(I) provides that for any fiscal year the or conference report and may not be offered as paragraph (1) shall include estimates (and a responsible Federal agency shall determine an amendment from the floor. brief explanation of the basis of the estimates) whether there are insufficient appropriations ‘‘(d) DETERMINATIONS OF APPLICABILITY TO of— for that fiscal year to provide for the direct costs PENDING LEGISLATION.—For purposes of this ‘‘(A) the total amount of direct costs of com- under clause (i) of such mandate, and shall (no section, in the Senate, the presiding officer of plying with the Federal private sector mandates later than 30 days after the beginning of the fis- the Senate shall consult with the Committee on in the bill or joint resolution; and cal year) notify the appropriate authorizing Governmental Affairs, to the extent practicable, ‘‘(B) the amount, if any, of increase in au- committees of Congress of the determination and on questions concerning the applicability of this thorization of appropriations under existing submit either— part to a pending bill, joint resolution, amend- Federal financial assistance programs, or of au- ‘‘(aa) a statement that the agency has deter- ment, motion, or conference report. thorization of appropriations for new Federal fi- mined, based on a re-estimate of the direct costs ‘‘(e) DETERMINATIONS OF FEDERAL MANDATE nancial assistance, provided by the bill or joint of such mandate, after consultation with State, LEVELS.—For purposes of this section, in the resolution usable by the private sector for the local, and tribal governments, that the amount Senate, the levels of Federal mandates for a fis- activities subject to the Federal private sector appropriated is sufficient to pay for the direct cal year shall be determined based on the esti- mandates. costs of such mandate; or ‘‘(3) ESTIMATE NOT FEASIBLE.—If the Director ‘‘(bb) legislative recommendations for either mates made by the Committee on the Budget. determines that it is not feasible to make a rea- implementing a less costly mandate or making ‘‘SEC. 426. PROVISIONS RELATING TO THE HOUSE sonable estimate that would be required under such mandate ineffective for the fiscal year; OF REPRESENTATIVES. paragraphs (1) and (2), the Director shall not ‘‘(II) provides for expedited procedures for the ‘‘(a) ENFORCEMENT IN THE HOUSE OF REP- make the estimate, but shall report in the state- consideration of the statement or legislative rec- RESENTATIVES.—It shall not be in order in the ment that the reasonable estimate cannot be ommendations referred to in subclause (I) by House of Representatives to consider a rule or made and shall include the reasons for that de- Congress no later than 30 days after the state- order that waives the application of section 425. termination in the statement. ment or recommendations are submitted to Con- ‘‘(b) DISPOSITION OF POINTS OF ORDER.— ‘‘(c) LEGISLATION FALLING BELOW THE DIRECT gress; and COSTS THRESHOLDS.—If the Director estimates ‘‘(III) provides that such mandate shall— ‘‘(1) APPLICATION TO THE HOUSE OF REP- that the direct costs of a Federal mandate will ‘‘(aa) in the case of a statement referred to in RESENTATIVES.—This subsection shall apply not equal or exceed the thresholds specified in subclause (I)(aa), cease to be effective 60 days only to the House of Representatives. subsections (a) and (b), the Director shall so after the statement is submitted unless Congress ‘‘(2) THRESHOLD BURDEN.—In order to be cog- state and shall briefly explain the basis of the has approved the agency’s determination by nizable by the Chair, a point of order under sec- estimate. joint resolution during the 60-day period; tion 425 or subsection (a) of this section must ‘‘(d) AMENDED BILLS AND JOINT RESOLUTIONS; ‘‘(bb) cease to be effective 60 days after the specify the precise language on which it is pre- CONFERENCE REPORTS.—If a bill or joint resolu- date the legislative recommendations of the re- mised. H 3056 CONGRESSIONAL RECORD — HOUSE March 13, 1995

‘‘(3) QUESTION OF CONSIDERATION.—As dis- (1) by inserting ‘‘PART A—GENERAL PROVI- ‘‘(i) future costs of Federal private sector position of points of order under section 425 or SIONS’’ before the item relating to section 401; mandates to the extent that such mandates dif- subsection (a) of this section, the Chair shall and fer significantly from or extend beyond the 5- put the question of consideration with respect to (2) by inserting after the item relating to sec- year time period referred to in subparagraph the proposition that is the subject of the points tion 407 the following: (B)(iii)(I); of order. ‘‘(ii) any disproportionate financial effects of ‘‘PART B—FEDERAL MANDATES ‘‘(4) DEBATE AND INTERVENING MOTIONS.—A Federal private sector mandates and of any question of consideration under this section ‘‘Sec. 421. Definitions. Federal financial assistance in the bill or joint shall be debatable for 10 minutes by each Mem- ‘‘Sec. 422. Exclusions. resolution upon any particular industries or sec- ber initiating a point of order and for 10 minutes ‘‘Sec. 423. Duties of congressional committees. tors of the economy, States, regions, and urban by an opponent on each point of order, but shall ‘‘Sec. 424. Duties of the Director; statements on or rural or other types of communities; and otherwise be decided without intervening motion bills and joint resolutions other ‘‘(iii) the effect of Federal private sector man- except one that the House adjourn or that the than appropriations bills and dates in the bill or joint resolution on the na- Committee of the Whole rise, as the case may be. joint resolutions. tional economy, including the effect on produc- ‘‘(5) EFFECT ON AMENDMENT IN ORDER AS ‘‘Sec. 425. Legislation subject to point of order. tivity, economic growth, full employment, cre- ‘‘Sec. 426. Provisions relating to the House of ORIGINAL TEXT.—The disposition of the question ation of productive jobs, and international com- of consideration under this subsection with re- Representatives. petitiveness of United States goods and serv- spect to a bill or joint resolution shall be consid- ‘‘Sec. 427. Requests to the Congressional Budget ices.’’; and ered also to determine the question of consider- Office from Senators. (2) in section 301(d) by adding at the end ation under this subsection with respect to an ‘‘Sec. 428. Clarification of application.’’. thereof the following new sentence: ‘‘Any Com- amendment made in order as original text. SEC. 102. ASSISTANCE TO COMMITTEES AND mittee of the House of Representatives or the STUDIES. ‘‘SEC. 427. REQUESTS TO THE CONGRESSIONAL Senate that anticipates that the committee will BUDGET OFFICE FROM SENATORS. The Congressional Budget and Impoundment consider any proposed legislation establishing, Control Act of 1974 is amended— ‘‘At the written request of a Senator, the Di- amending, or reauthorizing any Federal pro- (1) in section 202— rector shall, to the extent practicable, prepare gram likely to have a significant budgetary im- (A) in subsection (c)— an estimate of the direct costs of a Federal inter- pact on any State, local, or tribal government, (i) by redesignating paragraph (2) as para- governmental mandate contained in an amend- or likely to have a significant financial impact graph (3); and ment of such Senator. on the private sector, including any legislative (ii) by inserting after paragraph (1) the fol- ‘‘SEC. 428. CLARIFICATION OF APPLICATION. proposal submitted by the executive branch like- lowing new paragraph: ly to have such a budgetary or financial impact, ‘‘(a) IN GENERAL.—This part applies to any ‘‘(2) At the request of any committee of the shall include its views and estimates on that bill, joint resolution, amendment, motion, or Senate or the House of Representatives, the Of- conference report that reauthorizes appropria- proposal to the Committee on the Budget of the fice shall, to the extent practicable, consult with applicable House.’’. tions, or that amends existing authorizations of and assist such committee in analyzing the appropriations, to carry out any statute, or that budgetary or financial impact of any proposed SEC. 103. COST OF REGULATIONS. otherwise amends any statute, only if enactment legislation that may have— (a) SENSE OF THE CONGRESS.—It is the sense of of the bill, joint resolution, amendment, motion, ‘‘(A) a significant budgetary impact on State, the Congress that Federal agencies should re- or conference report— local, or tribal governments; view and evaluate planned regulations to en- ‘‘(1) would result in a net reduction in or ‘‘(B) a significant financial impact on the pri- sure that the cost estimates provided by the elimination of authorization of appropriations vate sector; or Congressional Budget Office will be carefully for Federal financial assistance that would be ‘‘(C) a significant employment impact on the considered as regulations are promulgated. provided to State, local, or tribal governments private sector.’’; and (b) STATEMENT OF COST.—At the request of a for use for the purpose of complying with any (B) by amending subsection (h) to read as fol- committee chairman or ranking minority mem- Federal intergovernmental mandate, or to the lows: ber, the Director shall, to the extent practicable, private sector for use to comply with any Fed- ‘‘(h) STUDIES.— prepare a comparison between— eral private sector mandate, and would not ‘‘(1) CONTINUING STUDIES.—The Director of (1) an estimate by the relevant agency, pre- eliminate or reduce duties established by the the Congressional Budget Office shall conduct pared under section 202 of this Act, of the costs Federal mandate by a corresponding amount; or continuing studies to enhance comparisons of of regulations implementing an Act containing a ‘‘(2) would result in a net increase in the ag- budget outlays, credit authority, and tax ex- Federal mandate; and gregate amount of direct costs of Federal inter- penditures. (2) the cost estimate prepared by the Congres- governmental mandates or Federal private sec- ‘‘(2) FEDERAL MANDATE STUDIES.— sional Budget Office for such Act when it was tor mandates other than as described in para- ‘‘(A) At the request of any Chairman or rank- enacted by the Congress. graph (1). ing member of the minority of a Committee of (c) COOPERATION OF OFFICE OF MANAGEMENT ‘‘(b) DIRECT COSTS.— the Senate or the House of Representatives, the AND BUDGET.—At the request of the Director of ‘‘(1) IN GENERAL.—For purposes of this part, Director shall, to the extent practicable, conduct the Congressional Budget Office, the Director of the direct cost of the Federal mandates in a bill, a study of a legislative proposal containing a the Office of Management and Budget shall pro- joint resolution, amendment, motion, or con- Federal mandate. vide data and cost estimates for regulations im- ference report that reauthorizes appropriations, ‘‘(B) In conducting a study on intergovern- plementing an Act containing a Federal man- or that amends existing authorizations of appro- mental mandates under subparagraph (A), the date covered by part B of title IV of the Con- priations, to carry out a statute, or that other- Director shall— gressional Budget and Impoundment Control wise amends any statute, means the net in- ‘‘(i) solicit and consider information or com- Act of 1974 (as added by section 101 of this Act). crease, resulting from enactment of the bill, ments from elected officials (including their des- SEC. 104. REPEAL OF CERTAIN ANALYSIS BY CON- joint resolution, amendment, motion, or con- ignated representatives) of State, local, or tribal GRESSIONAL BUDGET OFFICE. ference report, in the amount described under governments as may provide helpful information Section 403 of the Congressional Budget and paragraph (2)(A) over the amount described or comments; Impoundment Control Act of 1974 is amended— under paragraph (2)(B). ‘‘(ii) consider establishing advisory panels of (1) in subsection (a)— ‘‘(2) AMOUNTS.—The amounts referred to elected officials or their designated representa- (A) by striking out paragraph (2); under paragraph (1) are— tives, of State, local, or tribal governments if the (B) in paragraph (3) by striking out ‘‘para- ‘‘(A) the aggregate amount of direct costs of Director determines that such advisory panels graphs (1) and (2)’’ and inserting in lieu thereof Federal mandates that would result under the would be helpful in performing responsibilities ‘‘paragraph (1)’’; and statute if the bill, joint resolution, amendment, of the Director under this section; and (C) by redesignating paragraphs (3) and (4) as motion, or conference report is enacted; and ‘‘(iii) if, and to the extent that the Director paragraphs (2) and (3), respectively; ‘‘(B) the aggregate amount of direct costs of determines that accurate estimates are reason- (2) by striking out ‘‘(a)’’; and Federal mandates that would result under the ably feasible, include estimates of— (3) by striking out subsections (b) and (c). statute if the bill, joint resolution, amendment, ‘‘(I) the future direct cost of the Federal man- SEC. 105. CONSIDERATION FOR FEDERAL FUND- motion, or conference report were not enacted. date to the extent that such costs significantly ING. ‘‘(3) EXTENSION OF AUTHORIZATION OF APPRO- differ from or extend beyond the 5-year period Nothing in this Act shall preclude a State, PRIATIONS.—For purposes of this section, in the after the mandate is first effective; and local, or tribal government that already complies case of legislation to extend authorization of ap- ‘‘(II) any disproportionate budgetary effects with all or part of the Federal intergovern- propriations, the authorization level that would of Federal mandates upon particular industries mental mandates included in the bill, joint reso- be provided by the extension shall be compared or sectors of the economy, States, regions, and lution, amendment, motion, or conference report to the authorization level for the last year in urban or rural or other types of communities, as from consideration for Federal funding under which authorization of appropriations is al- appropriate. section 425(a)(2) of the Congressional Budget ready provided.’’. ‘‘(C) In conducting a study on private sector and Impoundment Control Act of 1974 (as added (b) TECHNICAL AND CONFORMING AMEND- mandates under subparagraph (A), the Director by section 101 of this Act) for the cost of the MENTS.—Section 1(b) of the Congressional Budg- shall provide estimates, if and to the extent that mandate, including the costs the State, local, or et and Impoundment Control Act of 1974 is the Director determines that such estimates are tribal government is currently paying and any amended— reasonably feasible, of— additional costs necessary to meet the mandate. March 13, 1995 CONGRESSIONAL RECORD — HOUSE H 3057 SEC. 106. IMPACT ON LOCAL GOVERNMENTS. TITLE II—REGULATORY ACCOUNTABILITY might significantly or uniquely affect small gov- (a) FINDINGS.—The Senate finds that— AND REFORM ernments, agencies shall have developed a plan (1) the Congress should be concerned about SEC. 201. REGULATORY PROCESS. under which the agency shall— shifting costs from Federal to State and local Each agency shall, unless otherwise prohib- (1) provide notice of the requirements to po- authorities and should be equally concerned ited by law, assess the effects of Federal regu- tentially affected small governments, if any; about the growing tendency of States to shift latory actions on State, local, and tribal govern- (2) enable officials of affected small govern- costs to local governments; ments, and the private sector (other than to the ments to provide meaningful and timely input in (2) cost shifting from States to local govern- extent that such regulations incorporate re- the development of regulatory proposals con- ments has, in many instances, forced local gov- quirements specifically set forth in law). taining significant Federal intergovernmental ernments to raise property taxes or curtail some- mandates; and times essential services; and SEC. 202. STATEMENTS TO ACCOMPANY SIGNIFI- CANT REGULATORY ACTIONS. (3) inform, educate, and advise small govern- (3) increases in local property taxes and cuts (a) IN GENERAL.—Unless otherwise prohibited ments on compliance with the requirements. in essential services threaten the ability of many by law, before promulgating any general notice (b) AUTHORIZATION OF APPROPRIATIONS.— citizens to attain and maintain the American of proposed rulemaking that is likely to result in There are authorized to be appropriated to each dream of owning a home in a safe, secure com- promulgation of any rule that includes any Fed- agency to carry out the provisions of this sec- munity. eral mandate that may result in the expenditure tion and for no other purpose, such sums as are (b) SENSE OF THE SENATE.—It is the sense of by State, local, and tribal governments, in the necessary. the Senate that— aggregate, or by the private sector, of SEC. 204. STATE, LOCAL, AND TRIBAL GOVERN- (1) the Federal Government should not shift $100,000,000 or more (adjusted annually for in- MENT INPUT. certain costs to the State, and States should end flation) in any 1 year, and before promulgating the practice of shifting costs to local govern- (a) IN GENERAL.—Each agency shall, to the any final rule for which a general notice of pro- ments, which forces many local governments to extent permitted in law, develop an effective posed rulemaking was published, the agency increase property taxes; process to permit elected officers of State, local, (2) States should end the imposition, in the shall prepare a written statement containing— and tribal governments (or their designated em- (1) an identification of the provision of Fed- absence of full consideration by their legisla- ployees with authority to act on their behalf) to eral law under which the rule is being promul- tures, of State issued mandates on local govern- provide meaningful and timely input in the de- gated; ments without adequate State funding, in a velopment of regulatory proposals containing (2) a qualitative and quantitative assessment manner that may displace other essential gov- significant Federal intergovernmental mandates. of the anticipated costs and benefits of the Fed- ernment priorities; and (b) MEETINGS BETWEEN STATE, LOCAL, TRIBAL eral mandate, including the costs and benefits (3) one primary objective of this Act and other AND FEDERAL OFFICERS.—The Federal Advisory to State, local, and tribal governments or the efforts to change the relationship among Fed- Committee Act (5 U.S.C. App.) shall not apply to private sector, as well as the effect of the Fed- eral, State, and local governments should be to actions in support of intergovernmental commu- eral mandate on health, safety, and the natural reduce taxes and spending at all levels and to nications where— environment and such an assessment shall in- end the practice of shifting costs from one level (1) meetings are held exclusively between Fed- clude— of government to another with little or no bene- eral officials and elected officers of State, local, (A) an analysis of the extent to which such fit to taxpayers. and tribal governments (or their designated em- costs to State, local, and tribal governments may ployees with authority to act on their behalf) SEC. 107. ENFORCEMENT IN THE HOUSE OF REP- be paid with Federal financial assistance (or RESENTATIVES. acting in their official capacities; and otherwise paid for by the Federal Government); (a) MOTIONS TO STRIKE IN THE COMMITTEE OF (2) such meetings are solely for the purposes and of exchanging views, information, or advice re- THE WHOLE.—Clause 5 of rule XXIII of the (B) the extent to which there are available Rules of the House of Representatives is amend- lating to the management or implementation of Federal resources to carry out the intergovern- Federal programs established pursuant to public ed by adding at the end the following: mental mandate; ‘‘(c) In the consideration of any measure for law that explicitly or inherently share intergov- (3) estimates by the agency, if and to the ex- amendment in the Committee of the Whole con- ernmental responsibilities or administration. tent that the agency determines that accurate taining any Federal mandate the direct costs of (c) IMPLEMENTING GUIDELINES.—No later than estimates are reasonably feasible, of— 6 months after the date of enactment of this Act, which exceed the threshold in section 424(a)(1) (A) the future compliance costs of the Federal of the Unfunded Mandate Reform Act of 1995, it the President shall issue guidelines and instruc- mandate; and tions to Federal agencies for appropriate imple- shall always be in order, unless specifically (B) any disproportionate budgetary effects of waived by terms of a rule governing consider- mentation of subsections (a) and (b) consistent the Federal mandate upon any particular re- with applicable laws and regulations. ation of that measure, to move to strike such gions of the nation or particular State, local, or Federal mandate from the portion of the bill tribal governments, urban or rural or other SEC. 205. LEAST BURDENSOME OPTION OR EX- PLANATION REQUIRED. then open to amendment.’’. types of communities, or particular segments of (b) COMMITTEE ON RULES REPORTS ON WAIVED the private sector; (a) IN GENERAL.—Except as provided in sub- POINTS OF ORDER.—The Committee on Rules (4) estimates by the agency of the effect on the section (b), before promulgating any rule for shall include in the report required by clause national economy, such as the effect on produc- which a written statement is required under sec- 1(d) of rule XI (relating to its activities during tivity, economic growth, full employment, cre- tion 202, the agency shall identify and consider the Congress) of the Rules of the House of Rep- ation of productive jobs, and international com- a reasonable number of regulatory alternatives resentatives a separate item identifying all petitiveness of United States goods and services, and from those alternatives select the least cost- waivers of points of order relating to Federal if and to the extent that the agency in its sole ly, most cost-effective or least burdensome alter- mandates, listed by bill or joint resolution num- discretion determines that accurate estimates native that achieves the objectives of the rule, ber and the subject matter of that measure. are reasonably feasible and that such effect is for— SEC. 108. EXERCISE OF RULEMAKING POWERS. relevant and material; and (1) State, local, and tribal governments, in the The provisions of sections 101 and 107 are en- (5)(A) a description of the extent of the agen- case of a rule containing a Federal intergovern- acted by Congress— cy’s prior consultation with elected representa- mental mandate; and (1) as an exercise of the rulemaking power of tives (under section 204) of the affected State, (2) the private sector, in the case of a rule the Senate and the House of Representatives, re- local, and tribal governments; containing a Federal private sector mandate. spectively, and as such they shall be considered (B) a summary of the comments and concerns (b) EXCEPTION.—The provisions of subsection as part of the rules of such House, respectively, that were presented by State, local, or tribal (a) shall apply unless— and such rules shall supersede other rules only governments either orally or in writing to the (1) the head of the affected agency publishes to the extent that they are inconsistent there- agency; and with the final rule an explanation of why the with; and (C) a summary of the agency’s evaluation of least costly, most cost-effective or least burden- (2) with full recognition of the constitutional those comments and concerns. some method of achieving the objectives of the right of either House to change such rules (so (b) PROMULGATION.—In promulgating a gen- rule was not adopted; or far as relating to such House) at any time, in eral notice of proposed rulemaking or a final (2) the provisions are inconsistent with law. the same manner, and to the same extent as in rule for which a statement under subsection (a) (c) OMB CERTIFICATION.—No later than 1 the case of any other rule of each House. is required, the agency shall include in the pro- year after the date of the enactment of this Act, SEC. 109. AUTHORIZATION OF APPROPRIATIONS. mulgation a summary of the information con- the Director of the Office of Management and There are authorized to be appropriated to the tained in the statement. Budget shall certify to Congress, with a written Congressional Budget Office $4,500,000 for each (c) PREPARATION IN CONJUNCTION WITH OTHER explanation, agency compliance with this sec- of the fiscal years 1996, 1997, 1998, 1999, 2000, STATEMENT.—Any agency may prepare any tion and include in that certification agencies 2001, and 2002 to carry out the provisions of this statement required under subsection (a) in con- and rulemakings that fail to adequately comply title. junction with or as a part of any other state- with this section. SEC. 110. EFFECTIVE DATE. ment or analysis, provided that the statement or SEC. 206. ASSISTANCE TO THE CONGRESSIONAL This title shall take effect on January 1, 1996 analysis satisfies the provisions of subsection BUDGET OFFICE. or on the date 90 days after appropriations are (a). The Director of the Office of Management and made available as authorized under section 109, SEC. 203. SMALL GOVERNMENT AGENCY PLAN. Budget shall— whichever is earlier and shall apply to legisla- (a) EFFECTS ON SMALL GOVERNMENTS.—Before (1) collect from agencies the statements pre- tion considered on and after such date. establishing any regulatory requirements that pared under section 202; and H 3058 CONGRESSIONAL RECORD — HOUSE March 13, 1995

(2) periodically forward copies of such state- (D) suspending, on a temporary basis, Federal (e) PRIORITY TO MANDATES THAT ARE SUBJECT ments to the Director of the Congressional mandates which are not vital to public health OF JUDICIAL PROCEEDINGS.—In carrying out this Budget Office on a reasonably timely basis after and safety and which compound the fiscal dif- section, the Advisory Commission shall give the promulgation of the general notice of proposed ficulties of State, local, and tribal governments, highest priority to immediately investigating, re- rulemaking or of the final rule for which the including recommendations for triggering such viewing, and making recommendations regard- statement was prepared. suspension; ing Federal mandates that are the subject of ju- SEC. 207. PILOT PROGRAM ON SMALL GOVERN- (E) consolidating or simplifying Federal man- dicial proceedings between the United States MENT FLEXIBILITY. dates, or the planning or reporting requirements and a State, local, or tribal government. (a) IN GENERAL.—The Director of the Office of of such mandates, in order to reduce duplication (f) DEFINITION.—For purposes of this section Management and Budget, in consultation with and facilitate compliance by State, local, and the term ‘‘State mandate’’ means any provision Federal agencies, shall establish pilot programs tribal governments with those mandates; in a State statute or regulation that imposes an in at least 2 agencies to test innovative, and (F) establishing common Federal definitions or enforceable duty on local governments, the pri- more flexible regulatory approaches that— standards to be used by State, local, and tribal vate sector, or individuals, including a condi- (1) reduce reporting and compliance burdens governments in complying with Federal man- tion of State assistance or a duty arising from on small governments; and dates that use different definitions or standards participation in a voluntary State program. (2) meet overall statutory goals and objectives. for the same terms or principles; and SEC. 303. SPECIAL AUTHORITIES OF ADVISORY (b) PROGRAM FOCUS.—The pilot programs (G)(i) the mitigation of negative impacts on COMMISSION. shall focus on rules in effect or proposed rules, the private sector that may result from relieving or a combination thereof. (a) EXPERTS AND CONSULTANTS.—For purposes State, local, and tribal governments from Fed- of carrying out this title, the Advisory Commis- SEC. 208. ANNUAL STATEMENTS TO CONGRESS eral mandates (if and to the extent that such sion may procure temporary and intermittent ON AGENCY COMPLIANCE. negative impacts exist on the private sector); services of experts or consultants under section No later than 1 year after the effective date of and 3109(b) of title 5, United States Code. this title and annually thereafter, the Director (ii) the feasibility of applying relief from Fed- (b) DETAIL OF STAFF OF FEDERAL AGENCIES.— of the Office of Management and Budget shall eral mandates in the same manner and to the Upon request of the Executive Director of the submit to the Congress, including the Committee same extent to private sector entities as such re- Advisory Commission, the head of any Federal on Governmental Affairs of the Senate and the lief is applied to State, local, and tribal govern- department or agency may detail, on a reim- Committee on Government Reform and Over- ments; and bursable basis, any of the personnel of that de- sight of the House of Representatives, a written (4) identify and consider in each recommenda- partment or agency to the Advisory Commission report detailing compliance by each agency dur- tion made under paragraph (3), to the extent to assist it in carrying out this title. ing the preceding reporting period with the re- practicable— quirements of this title. (A) the specific Federal mandates to which (c) ADMINISTRATIVE SUPPORT SERVICES.— SEC. 209. EFFECTIVE DATE. the recommendation applies, including require- Upon the request of the Advisory Commission, This title and the amendments made by this ments of the departments, agencies, and other the Administrator of General Services shall pro- title shall take effect on the date of the enact- entities of the Federal Government that State, vide to the Advisory Commission, on a reimburs- ment of this Act. local, and tribal governments utilize metric sys- able basis, the administrative support services tems of measurement; and necessary for the Advisory Commission to carry TITLE III—REVIEW OF FEDERAL out its duties under this title. MANDATES (B) any negative impact on the private sector that may result from implementation of the rec- (d) CONTRACT AUTHORITY.—The Advisory SEC. 301. BASELINE STUDY OF COSTS AND BENE- Commission may, subject to appropriations, con- FITS. ommendation. (b) CRITERIA.— tract with and compensate government and pri- (a) IN GENERAL.—No later than 18 months (1) IN GENERAL.—The Commission shall estab- vate persons (including agencies) for property after the date of enactment of this Act, the Ad- lish criteria for making recommendations under and services used to carry out its duties under visory Commission on Intergovernmental Rela- subsection (a). this title. tions (hereafter in this title referred to as the (2) ISSUANCE OF PROPOSED CRITERIA.—The ‘‘Advisory Commission’’), in consultation with SEC. 304. ANNUAL REPORT TO CONGRESS RE- Commission shall issue proposed criteria under GARDING FEDERAL COURT RULINGS. the Director, shall complete a study to examine this subsection no later than 60 days after the the measurement and definition issues involved No later than 4 months after the date of en- date of the enactment of this Act, and thereafter in calculating the total costs and benefits to actment of this Act, and no later than March 15 provide a period of 30 days for submission by the State, local, and tribal governments of compli- of each year thereafter, the Advisory Commis- public of comments on the proposed criteria. ance with Federal law. sion on Intergovernmental Relations shall sub- (3) FINAL CRITERIA.—No later than 45 days (b) CONSIDERATIONS.—The study required by mit to the Congress, including the Committee on this section shall consider— after the date of issuance of proposed criteria, Government Reform and Oversight of the House (1) the feasibility of measuring indirect costs the Commission shall— of Representatives and the Committee on Gov- and benefits as well as direct costs and benefits (A) consider comments on the proposed cri- ernmental Affairs of the Senate, and to the of the Federal, State, local, and tribal relation- teria received under paragraph (2); President a report describing any Federal court ship; and (B) adopt and incorporate in final criteria case to which a State, local, or tribal govern- (2) how to measure both the direct and indi- any recommendations submitted in those com- ment was a party in the preceding calendar year rect benefits of Federal financial assistance and ments that the Commission determines will aid that required such State, local, or tribal govern- tax benefits to State, local, and tribal govern- the Commission in carrying out its duties under ment to undertake responsibilities or activities, ments. this section; and beyond those such government would otherwise (C) issue final criteria under this subsection. SEC. 302. REPORT ON FEDERAL MANDATES BY AD- have undertaken, to comply with Federal stat- VISORY COMMISSION ON INTERGOV- (c) PRELIMINARY REPORT.— utes and regulations. (1) IN GENERAL.—No later than 9 months after ERNMENTAL RELATIONS. SEC. 305. DEFINITION. (a) IN GENERAL.—The Advisory Commission the date of the enactment of this Act, the Com- mission shall— Notwithstanding section 3 of this Act, for pur- on Intergovernmental Relations shall in accord- poses of this title the term ‘‘Federal mandate’’ ance with this section— (A) prepare and publish a preliminary report on its activities under this title, including pre- means any provision in statute or regulation or (1) investigate and review the role of Federal any Federal court ruling that imposes an en- mandates in intergovernmental relations and liminary recommendations pursuant to sub- section (a); forceable duty upon State, local, or tribal gov- their impact on State, local, tribal, and Federal ernments including a condition of Federal as- government objectives and responsibilities, and (B) publish in the Federal Register a notice of availability of the preliminary report; and sistance or a duty arising from participation in their impact on the competitive balance between a voluntary Federal program. State, local, and tribal governments, and the (C) provide copies of the preliminary report to private sector and consider views of and the im- the public upon request. SEC. 306. AUTHORIZATION OF APPROPRIATIONS. pact on working men and women on those same (2) PUBLIC HEARINGS.—The Commission shall There are authorized to be appropriated to the matters; hold public hearings on the preliminary rec- Advisory Commission to carry out section 301 (2) investigate and review the role of un- ommendations contained in the preliminary re- and section 302, $500,000 for each of fiscal years funded State mandates imposed on local govern- port of the Commission under this subsection. 1995 and 1996. ments; (d) FINAL REPORT.—No later than 3 months TITLE IV—JUDICIAL REVIEW (3) make recommendations to the President after the date of the publication of the prelimi- and the Congress regarding— nary report under subsection (c), the Commis- SEC. 401. JUDICIAL REVIEW. (A) allowing flexibility for State, local, and sion shall submit to the Congress, including the (a) AGENCY STATEMENTS ON SIGNIFICANT REG- tribal governments in complying with specific Committee on Government Reform and Over- ULATORY ACTIONS.— Federal mandates for which terms of compliance sight of the House of Representatives, the Com- (1) IN GENERAL.—Compliance or noncompli- are unnecessarily rigid or complex; mittee on Governmental Affairs of the Senate, ance by any agency with the provisions of sec- (B) reconciling any 2 or more Federal man- the Committee on the Budget of the Senate, and tions 202 and 203(a) (1) and (2) shall be subject dates which impose contradictory or inconsist- the Committee on the Budget of the House of to judicial review only in accordance with this ent requirements; Representatives, and to the President a final re- section. (C) terminating Federal mandates which are port on the findings, conclusions, and rec- (2) LIMITED REVIEW OF AGENCY COMPLIANCE duplicative, obsolete, or lacking in practical ommendations of the Commission under this sec- OR NONCOMPLIANCE.—(A) Agency compliance or utility; tion. noncompliance with the provisions of sections March 13, 1995 CONGRESSIONAL RECORD — HOUSE H 3059 202 and 203(a) (1) and (2) shall be subject to ju- ing, in a manner that may displace other es- The House Amendment contains no such dicial review only under section 706(1) of title 5, sential governmental priorities; and to en- provision. United States Code, and only as provided under sure that the Federal government pays the The Conference Substitute adopts the Sen- subparagraph (B). costs incurred by those governments in com- ate language. (B) If an agency fails to prepare the written plying with certain requirements under Fed- TITLE I. LEGISLATIVE ACCOUNTABILITY AND statement (including the preparation of the esti- eral statutes and regulations; and for other REFORM mates, analyses, statements, or descriptions) purposes, submit the following joint state- under section 202 or the written plan under sec- ment to the House and the Senate in expla- Sec. 101. Legislative Mandate Accountability tion 203(a) (1) and (2), a court may compel the nation of the effect of the action agreed upon and Reform agency to prepare such written statement. by the managers and recommended in the ac- Section 101 of the Senate Bill adds a new (3) REVIEW OF AGENCY RULES.—In any judicial companying conference report: section 408 to the Congressional Budget and review under any other Federal law of an agen- The House amendment to the text of the Impoundment Control Act of 1974 that estab- cy rule for which a written statement or plan is bill struck out all of the Senate bill after the lishes new Congressional procedures for the required under sections 202 and 203(a) (1) and enacting clause and inserted a substitute consideration of mandate legislation. (2), the inadequacy or failure to prepare such text. Section 301 of the House Amendment di- statement (including the inadequacy or failure The Senate recedes from its disagreement vides Title IV of the Budget Act into two to prepare any estimate, analysis, statement or to the amendment of the House with an parts. Part A contains all the existing provi- description) or written plan shall not be used as amendment which is a substitute for the sions of Title IV of the Budget Act. Part B a basis for staying, enjoining, invalidating or Senate bill and the House amendment. The contains the new procedures for Congres- otherwise affecting such agency rule. differences between the Senate bill, the sional consideration of mandate legislation. (4) CERTAIN INFORMATION AS PART OF House amendment, and the substitute agreed Section 101 of the Conference Substitute RECORD.—Any information generated under sec- to in conference are noted below, except for adopts the House framework for amending tions 202 and 203(a) (1) and (2) that is part of clerical corrections, conforming changes the Budget Act. It adds new sections 421 the rulemaking record for judicial review under made necessary by agreements reached by through 428 as Part B of the Budget Act. the provisions of any other Federal law may be the conferees, and minor drafting and clari- Sec. 421. Definitions considered as part of the record for judicial re- fying changes. Section 101(a) of the Senate Bill adds a new view conducted under such other provisions of Sec. 2. Purposes Federal law. Section 408(h) to the Budget Act that defines The Senate Bill includes a list of purposes (5) APPLICATION OF OTHER FEDERAL LAW.—For terms for the purposes of this Act. This sub- for S. 1. any petition under paragraph (2) the provisions section defined the following terms: ‘‘Fed- The House amendment contains a similar of such other Federal law shall control all other eral intergovernmental mandate’’, ‘‘Federal list with one exception. Subsection (8) of the matters, such as exhaustion of administrative private sector mandate’’, ‘‘Federal man- House Amendment states that one of the remedies, the time for and manner of seeking re- date’’, ‘‘Federal mandate direct costs’’, purposes is to begin consideration of meth- view and venue, except that if such other Fed- ‘‘amount’’, ‘‘private sector’’, ‘‘local govern- ods to relieve State, local, and tribal govern- eral law does not provide a limitation on the ment’’, ‘‘tribal government’’, ‘‘small govern- ments of unfunded mandates that result time for filing a petition for judicial review that ment’’, ‘‘State’’, ‘‘agency’’, ‘‘regulation’’ (or from Court interpretations of statutes and is less than 180 days, such limitation shall be 180 ‘‘rule’’), and ‘‘direct savings’’. regulations. days after a final rule is promulgated by the ap- The House Amendment defines a similar The Conference Substitute adopts the propriate agency. list of terms as a new section 421 of the House provision with an amendment. The (6) EFFECTIVE DATE.—This subsection shall Budget Act with the following differences. take effect on October 1, 1995, and shall apply substitute provides under subsection (8) that The House Amendment does not include in only to any agency rule for which a general no- one of the purposes of the bill is to begin the the definition of the term ‘‘Federal Intergov- tice of proposed rulemaking is promulgated on consideration of the effect of mandates on ernmental Mandate’’ a reduction or elimi- or after such date. States, local governments, and tribal govern- nation of the amount authorized to be appro- (b) JUDICIAL REVIEW AND RULE OF CONSTRUC- ments, including those imposed by court in- priated for the control of borders by the Fed- TION.—Except as provided in subsection (a)— terpretations of Federal statutes. eral Government or for reimbursement of net (1) any estimate, analysis, statement, descrip- Sec. 3. Definitions costs associated with illegal, deportable, and tion or report prepared under this Act, and any The Senate Bill provides that for purposes excludable aliens, unless the State, Local, or compliance or noncompliance with the provi- of this Act the terms defined under Sec. tribal government has not fully cooperated sions of this Act, and any determination con- 408(h) of the Congressional Budget and Im- with Federal efforts to locate, apprehend, cerning the applicability of the provisions of poundment Control Act of 1974 (as added by and deport illegal aliens. In the definition of this Act shall not be subject to judicial review; Sec. 101 of this Act) shall have the meanings the term ‘‘Federal Mandate Direct Costs,’’ and as defined. The Senate Bill also defines the the House Amendment includes the aggre- (2) no provision of this Act shall be construed term ‘‘Director’’ as the Director of the Con- gated estimated amounts forgone in reve- to create any right or benefit, substantive or gressional Budget Office. nues in order to comply with a Federal inter- procedural, enforceable by any person in any The House Amendment provides that for governmental mandate. The House amend- administrative or judicial action. purposes of this Act the terms defined under ment defines ‘‘private sector’’ to include ‘‘business trusts, or legal representatives and And the House agree to the same. Sec. 421 of the Congressional Budget Act of 1974 (as added by Sec. 301 of this Act) shall organized groups of individuals’’ and ex- WILLIAM F. CLINGER, have the meanings as defined. The House cludes from this definition ‘‘all persons or ROB PORTMAN, Amendment also defines the term ‘‘small entities in the United States.’’ The House DAVID DREIER, government’’. Amendment does not exclude from the defi- TOM DAVIS, The Conference Substitute adopts the Sen- nition of ‘‘agency’’ the Office of the Comp- GARY CONDIT, ate language with technical changes. troller of the Currency and the Office of CARDISS COLLINS, Thrift Supervision. The House Amendment EDOLPHUS TOWNS, Sec. 4. Exclusions does not include a definition of ‘‘amount’’, JOE MOAKLEY, Section 4 of the Senate Bill, titled ‘‘Exclu- ‘‘tribal government’’, or ‘‘direct savings’’. Managers on the Part of the House. sions’’, sets out those provisions that are ex- The House Amendment includes a definition DIRK KEMPTHORNE, empt from S. 1. of ‘‘Director’’, ‘‘Federal Financial Assist- BILL ROTH, Section 4 of the House Amendment, titled ance’’, and ‘‘Significant Employment Im- PETE V. DOMENICI, ‘‘Limitation on Application’’, establishes a pact’’. JOHN GLENN, similar list of exempt provisions with two The Conference Substitute includes the list J.J. EXON, differences. For the exclusion applying to of definitions in a new section 421 of the Managers on the Part of the Senate. legislation that prohibits discrimination, the Budget Act. The Substitute uses the Senate JOINT EXPLANATORY STATEMENT OF House uses ‘‘gender’’ rather than ‘‘sex’’ and list of definitions with the House language THE COMMITTEE OF CONFERENCE does not include ‘‘color.’’ The House bill also on revenue forgone and defines the term The managers on the part of the House and includes an exclusion for any provision that ‘‘agency’’ as provided in the House Amend- the Senate at the conference on the disagree- pertains to Social Security. ment. The Substitute defines the term ‘‘Di- ing votes of the two Houses on the amend- The Conference Substitute adopts the Sen- rector’’ in section 3. ment of the House to the bill (S. 1) to curb ate Bill’s language with a narrower exclusion The Conference Substitute defines direct the practice of imposing unfunded Federal for Social Security. The Substitute only ex- costs to include the aggregate amount State, mandates on States and local governments; cludes legislation that relates to Title II of local, and tribal governments would be pro- to strengthen the partnership between the the Social Security Act. hibited for raising in revenue including user Federal Government and State, local and Sec. 5. Agency assistance fees. The conferees note that the Joint Com- tribal governments; to end the imposition, in The Senate Bill requires agencies to pro- mittee on Taxation is responsible for provid- the absence of full consideration by Congress vide information and assistance to the Direc- ing revenue estimates to CBO for legislation of Federal mandates on State, local, and tor of the Congressional Budget Office in car- that affects revenues. CBO works closely tribal governments without adequate fund- rying out this Act. with the Joint Tax Committee to assure H 3060 CONGRESSIONAL RECORD — HOUSE March 13, 1995 these revenue estimates are reflected in cost committee reports except the Amendment Sec. 425. Points of Order Against Unfunded estimates. The conferees do not intend to does not require the report to indicate Mandates disrupt CBO’s and the Joint Committee’s re- whether the mandate bill includes a mecha- Point of Order & Mandate Cost Estimates spective responsibilities and expect the Joint nism to allocate funding in accordance with Section 101(a) of the Senate Bill adds a new Committee on Taxation will provide Con- costs to different levels of government. Section 408(c)(1)(A) to the Budget Act that gress with estimates for legislation that pro- Section 101(a) of the Conference Substitute establishes a point of order in the Senate hibits State, local, or tribal governments adds a new Section 423 to the Budget Act against consideration of a reported measure from raising revenue. that adopts the Senate’s requirements for re- containing a mandate unless the report ac- Subsection 5(B) of the Conference Sub- ports with technical changes. stitute includes in the definition of an inter- companying the measure contains a CBO governmental mandate any provision in leg- Sec. 424. CBO Cost Estimates cost estimate of the mandate, or the CBO islation, statute, or regulation that relates Section 101(a) of the Senate Bill adds a new cost estimate has been published in the Con- to a then-existing Federal program that Section 408(b)(1) to the Budget Act that re- gressional Record. would place caps upon, or otherwise de- quires CBO to prepare, and submit to the re- Section 301(a) of the House Amendment crease, the Federal Government’s respon- porting committee, an estimate of the direct adds a new Section 424(a)(1) to the Budget sibility to provide entitlement funding to costs to the State, local, and tribal govern- Act that establishes a similar point of order State, local, or tribal governments under the ments of Federal intergovernmental man- in the Senate and the House against consid- program. The conferees intend that this defi- dates in each reported measure (or in nec- eration of a reported measure, but provides nition only apply to caps on individual pro- essary implementing regulations). For inter- it does not apply to supplemental estimates grams. The conferees do not intend this defi- governmental mandates, CBO is required to prepared by CBO. nition to be applicable to a measure that prepare estimates if the costs of the mandate Section 101(a) of the Conference Substitute contains general budgetary limits or caps on would equal at least $50 million in any of the adds a new Section 425(a) to the Budget Act spending or categories of spending, unless five fiscal years after the mandate’s effective that adopts the House language with minor that measure also contained implementing date. For private sector mandates, CBO is re- changes. statutory language for reductions required quired to prepare estimates if the costs of Point of Order & Unfunded Mandate Legisla- in specific programs if the budgetary limit the mandate would equal at least $200 mil- tion or cap were exceeded. lion in any of the five fiscal years after the The programs to which this definition re- Section 101(a) of the Senate Bill adds a new lates are Federal entitlement programs that mandate’s effective date. The Senate bill ex- Section 408(c)(1)(B) to the Budget Act that provide $500 million or more annually to tends the scope of the estimate to ten years establishes a point of order in the Senate State, local and tribal governments. This following the mandate’s effective date. against consideration of a bill, joint resolu- would currently include only nine programs: The Senate Bill provides if CBO finds it not tion, amendment, motion, or conference re- Medicaid; AFDC, Child Nutrition; Food feasible to make a reasonable estimate, CBO port (hereafter referred to as ‘‘legislation’’) Stamps; Social Services Block Grants; Voca- must report that finding with an expla- containing intergovernmental mandates ex- tional Rehabilitation State Grants; Foster nation. If CBO makes such a determination ceeding the thresholds established above, un- Care, Adoption Assistance and Independent for an intergovernmental mandate, then a less the legislation funds these mandates. Living; Family Support Payments for Job point of order would lie against the reported The Senate bill applies this point of order Opportunities and Basic Skills (JOBS); and, bill only for failure to contain such an esti- against legislation that would cause the di- Child Support Enforcement. This subsection mate under section 408(c)(1)(A). In such case, rect costs of intergovernmental mandates to would also apply to entitlement programs the bill as reported would be exempt only breach the $50 million annual threshold. The that Congress may create in the future from the point of order under section waiver of this point of order and the appeal where Congress provides $500 million or more 408(c)(1)(B). Other Budget Act points of order of rulings regarding this point of order are annually to State, local and tribal govern- would still lie if applicable. covered by existing provisions under title IX ments. Section 408(b)(3) of the Senate Bill provides of the Budget Act. Section 904 provides that The conferees do not interpret the meaning that if direct cost of respective mandates in in the Senate points of order under title IV of ‘‘enforceable duty’’ in subsection (5)(A)(i) a measure fall below the thresholds, CBO is of the Budget Act, including the point of and (ii) to include duties and conditions that to so state, and is to explain briefly the basis order regarding unfunded mandate legisla- are part of any voluntary Federal contract of this estimate. Paragraph (4) of this sub- tion, can be waived or appealed by a simple for the provision of goods and services. section requires a conference committee, majority. Sec. 422. Exclusions under certain circumstances, to ensure that This subparagraph of the Senate Bill pro- CBO prepare a supplemental estimate on a vides that legislation is not subject to the Section 101(a) of the Senate Bill adds a new measure passed by either house in an amend- point of order if it provides either: (1) direct Section 408(g) to the Budget Act that pro- ed form (including a measure of one house spending authority equal to the mandate’s vides the same exclusions as contained in passed by the other with an amendment in costs for each fiscal year; (2) an increase in section 4 of S. 1. the nature of a substitute) or reported from receipts and an increase in direct spending Section 301(a) of the House Amendment conference in an amended form. The Senate authority for each fiscal year for those man- adds a new section 422 to the Budget Act Bill requires such action if the amended dates equal to their costs for each fiscal that provides the same limitations on appli- form contains a mandate not previously con- year; or, (3) an authorization of appropria- cation as a section 4 of the Amendment. sidered by either house or increases the di- tions at least equal to the direct cost and Section 101(a) of the Conference Substitute rect cost of a mandate in the measure. provides a mechanism to ensure that a man- adds a new Section 422 to the Budget Act Section 301(a) of the House Amendment date is effective only to the extent that it is that repeats the same exclusions provided in adds a new section 424(a) to the Budget Act funded in appropriations Acts. section 4 of the Substitute. that establishes similar requirements for The House Amendment establishes a simi- Sec. 423. Committee reports CBO cost estimates on mandates. The House lar point of order against consideration of Section 101(a) of the Senate Bill adds a new Amendment provides the threshold is $50 legislation in the House and Senate contain- Section 408(a) to the Budget Act that re- million for both intergovernmental and pri- ing intergovernmental mandates. The House quires an authorizing committee, when it or- vate sector mandates. In addition, the amendment differs from the Senate bill on ders reported a public bill or joint resolution Amendment does not limit the scope of the the requirements of funding mechanisms for (hereafter ‘‘a measure’’) establishing or af- estimate to ten years. mandates. Under the House amendment, leg- fecting any Federal mandates, to submit the Section 101(a) of the Conference Substitute islation is subject to the point of order un- measure to CBO and identify the mandates adds a new Section 424 to the Budget Act less it provides: (1) new budget authority or involved. The Senate Bill requires that re- that adopts the Senate language on CBO’s new entitlement authority in the House (or ports by authorizing committees on meas- responsibilities for preparing estimates on direct spending authority in the Senate) in ures dealing with Federal mandates include legislation containing intergovernmental an amount that equals or exceeds the direct the following information on the mandates and private sector mandates with two costs of the mandate; (2) an increase in re- in the bill: an identification of the mandates, changes. The Substitute amends the lan- ceipts or a decrease in new budget authority a cost-benefit analysis, the impact on the guage the Senate proposed on the scope of or new entitlement authority in the House (a public and private sector competitive bal- CBO cost estimates. If the bill would author- decrease in direct spending authority in the ance, information on Federal funding assist- ize appropriations and makes an intergov- Senate) to offset the costs of spending au- ance to cover the cost of the mandate (in- ernmental mandate contingent on appropria- thority for the mandate; or, (3) an authoriza- cluding how Federal funding will be allo- tions as provided in section 425(a)(2)(B) in tion of appropriations at least equal to the cated among different levels of government), the Conference Substitute, then CBO is re- direct cost and provides a mechanism to en- the extent to which the bill preempts State, quired to provide an estimate of the budget sure that a mandate never takes effect un- local, or tribal government law, and a CBO authority needed to pay for the mandate for less fully funded in appropriations Acts or cost estimate. each fiscal year for a period not to exceed mandates are scaled back consistent with ap- Section 301(a) of the House Amendment ten years. The Substitute provides a thresh- propriations levels. adds a new section 423 to the Budget Act old of $100 million for private sector man- The Conference Substitute adopts the that establishes similar requirements for dates. House language with an amendment. The March 13, 1995 CONGRESSIONAL RECORD — HOUSE H 3061 Substitute provides that legislation contain- CBO), the mandate will expire unless Con- consider the statement or legislative rec- ing a Federal intergovernmental mandate is gress provides otherwise by law (through ex- ommendations on an expedited basis. out of order in the House and Senate unless pedited procedures). If an agency submits a statement with a it provides either: (1) new budget authority Section 408(c)(1)(B)(iii)(III) of the Senate re-estimate of the direct costs of a mandate or new entitlement authority in the House Bill requires mandate legislation to include or legislative recommendations pursuant to (or direct spending authority in the Senate) procedures in the event insufficient appro- section 425(a)(2)(B)(iii), the conferees expect in an amount that equals or exceeds the di- priations are provided to cover the entire di- the agency to submit this statement or legis- rect costs of the mandate; or (2) an author- rect costs of a Federal intergovernmental lative recommendations to CBO for its re- ization of appropriations and a mechanism mandate for a fiscal year. If appropriations view and comment. The conferees expect the to assure the mandate is only effective to provided are insufficient for the mandate, relevant agency to fully and freely share the extent funding is provided in Appropria- the Agency is required to notify Congress with CBO the information used in developing tions Acts. If legislation funds the mandate within 30 days of the beginning of the fiscal the re-estimate or the legislative rec- to avoid the point of order, it must fund the year and submit either: (1) a statement, ommendations for a less-costly mandate. entire cost of the mandate for each fiscal based on a re-estimate of the direct costs of CBO should make its review and comments year. the mandate, that the lower appropriations available to Congress as appropriate. The Substitute drops language in the is sufficient; or, (2) legislative recommenda- The agency is expected to consult with House Amendment that provides a mandate tions for implementing a less costly mandate State, local, and tribal governments in pre- could be paid for by an increase in spending or making the mandate ineffective for the paring its re-estimate or its legislative rec- authority and offset by a decrease in spend- fiscal year. Sixty days after the Agency sub- ommendations for a less costly mandate. ing authority or an increase in receipts. This mission, the mandate ceases to be effective language is unnecessary because other budg- unless Congress provides otherwise by law Determinations of Applicability of the Point of et laws already would govern how Federal (see Appendix). Only if the appropriation is Order mandates could be financed. less than the direct cost of the mandate, the Section 101(a) of the Senate Bill adds a new Nothing in the Substitute waives existing agency is required to submit a statement or Section 408(c)(4) to the Budget Act that re- provisions of law that establish controls on legislative recommendation. quires the Presiding Officer of the Senate to Federal spending. The Budget Act, budget Section 408(c)(1)(B)(iii)(III)(bb) stipulates consult with the Senate Governmental Af- resolutions adopted pursuant to the Budget that the relevant committees in both the fairs Committee, to the extent practicable, Act, and the Balanced Budget and Emer- House and Senate provide an expedited pro- on the applicability of the point of order in gency Deficit Control Act already establish cedure in the underlying intergovernmental the Senate. Paragraph (5) provides that the requirements for Federal budgeting. Since legislation for the consideration of agency levels of mandates for a fiscal year be deter- these laws already control legislation pro- statements and legislative recommenda- mined on the basis of estimates by the Sen- viding Federal funding, including funding tions. If the relevant committees of the ate Budget Committee. that could be provided to cover a mandate’s House and Senate choose not to include ex- Section 301(a) of the Senate Bill adds a new direct costs, the conference agreement does pedited procedures in the underlying inter- Section 425(c) to the Budget Act that only not address requirements for offsets to pay governmental mandates legislation, then a provides that mandate levels be based on es- for Federal funding for mandates. point of order may be raised against that timates made by the Budget Committees, in The Substitute provides that the point of legislation. consultation with CBO. order can be avoided if the mandate is paid Section 408(c)(3)(A) of the Senate Bill ex- The Conference Substitute contains the for by either an increase in spending author- empts appropriations legislation from the Senate language as a new section 425 (d) and ity outside the appropriations process (new points of order against unfunded mandates (e) of the Budget Act. budget authority or new entitlement author- but establishes a procedure to extract legis- ity in the House of Representatives and new lative intergovernmental mandate provi- Sec. 426. Provisions Relating to the House of direct spending authority in the Senate) or sions in appropriations legislation. An appro- Representatives is contingent on funding being provided in priations bill, resolution, amendment there- Section 101(a) of the Senate Bill adds a new the appropriations process. to, or conference report thereon that con- Section 408(d) to the Budget Act that makes If a Committee chooses to fund a mandate tains a provision with an intergovernmental it out of order in the House to consider a rule with spending authority outside the appro- mandate that exceeds the thresholds estab- or order that waives the point of order estab- priations process, this legislation will be lished in the Bill is out of order in the Sen- lished by S. 1. subject to the requirements of the Budget ate. Upon a point of order being sustained Section 301(a) of the House Amendment Act and the pay-as-you-go provisions of the against provisions in appropriations legisla- adds a new Section 426 to the Budget Act Balanced Budget and Emergency Deficit tion containing mandates, the offending pro- that contains the same provision as the Sen- Control Act. If a committee chooses to pay vision is deemed strickened from the meas- ate Bill. Section 427 of the House Amend- for a mandate with an increase in spending ure. ment establishes procedures for the disposi- authority outside the Appropriations proc- Section 408(c)(2) allows State, local, or tion of the point of order in the House. ess, there are generally three options under tribal governments to continue to volun- The Conference Substitute contains the these laws: provide new spending authority tarily comply with the original intergovern- House language on House waivers of rules as that will cause a deficit increase; provide mental mandate at its own expense. a new section 426(a) of the Budget Act. Sec- new spending authority and offset it by re- Section 301(a) of the House Amendment tion 426(b) of the Substitute contains the ducing existing spending authority for other adds a new Section 425(a)(2)(C) to the Budget House language on the House’s disposition of programs; or, provide new spending author- Act that establishes different procedures for points of order. ity and offset it by increasing receipts. If a intergovernmental mandates that are con- committee chooses to make the mandate tingent on appropriations Acts. More specifi- Sec. 427. Senator’s requests for CBO cost esti- contingent on funding being provided in Ap- cally, if mandate legislation funds an inter- mates propriations Acts, the Appropriations Com- governmental mandate through an author- The Senate Bill requires CBO to prepare a mittees will have to fund these mandates ization of appropriations, in order to avoid cost estimate on a bill, joint resolution, within the annual allocations made under the point of order, the legislation must ei- amendment, or motion containing an inter- section 602 of the Budget Act and the discre- ther: 1) require the implementing agency to governmental mandate at the written re- tionary caps under section 601 of the Budget repeal the mandate at the beginning of the quest of any Senator. Act. fiscal year unless there are sufficient appro- The House Amendment contained no such Point of Order & the Appropriations Process priations to cover the full cost of the man- provision. Section 101(a) of the Senate Bill adds a new date; or, 2) require the implementing agency Section 101(a) of the Conference Substitute Section 408(c)(1)(B)(iii) to the Budget Act to reduce the requirements of the mandate adds a new section 427 to the Budget Act that allows legislation to avoid the unfunded to bring its costs within the amount pro- that narrows the Senate language so that it mandate point of order if the mandate is vided in the appropriations Act. only applies to cost estimates for amend- contingent on funding being provided in the Second, the House Amendment exempts ments that contain intergovernmental man- appropriations process. More specifically, appropriations bills and amendments thereto dates. The conferees note CBO already re- the legislation would escape the point of from the point of order. sponds to members requests for cost esti- order if it: (1) authorizes appropriations in Section 101(a) of the Conference Substitute mates to the extent practicable. Viewing the an amount equal to the direct costs of the adds a new section 425(a)(2)(B)(iii) to the concern about the applicability of this point mandate; (2) specifies the amount of direct Budget Act, which adopts the Senate lan- of order to amendments that would cause the costs of the mandate for each year or other guage with technical changes. In the House intergovernmental mandate thresholds to be period up to ten years during which the man- of Representatives and the Senate, the re- exceeded, however, the conferees have re- date will be in effect; (3) identifies any ap- quirements of subclause (II) shall be consid- tained language requiring CBO, to the extent propriation bill that would be expected to ered as fulfilled by inclusion in the author- practicable, to prepare cost estimates for a provide funding for direct costs of the man- ization bill of any procedural prescription to Senator’s amendment if it were to cause the date; and (4) provides that, if appropriations expedite consideration of the statement or thresholds to be exceeded. are insufficient to cover the direct cost of legislative recommendations, including a re- This more limited language is not intended the mandate (as previously calculated by quirement that the authorizing committee to preclude CBO from preparing mandate H 3062 CONGRESSIONAL RECORD — HOUSE March 13, 1995 cost estimates for bills. These requirements The House Amendment contains no such cial rules waiving points of order established are already provided for in section 424 of the provision. by the bill, and the measures to which they Substitute regarding reported bills and con- The Conference Substitute adopts the Sen- related. ference reports. Moreover, the conferees in- ate language with an amendment to narrow The Conference Substitute contains the tend that CBO be responsive to Senator’s re- the section in two respects. First, the sec- House language as section 107. quests in preparing cost estimates for bills tion provides that the chairman or ranking and joint resolutions that may be marked up minority member of a committee can re- Sec. 108. Exercise of rulemaking or for bills and resolutions that may be of- quest such a study, consistent with requests Section 105 of the Senate Bill provides that fered as amendments. for mandate studies (section 102 of S. 1). Sec- certain provisions of S. 1 are enacted pursu- Sec. 428. Clarification on the application ond, the section requires CBO to compare the ant to the rulemaking power of each house. Section 303 of the House Amendment con- Section 101(a) of the Senate Bill adds a new agency’s cost estimate to the estimate pre- tains similar language. subsection 408(f) to the Budget Act, which pared by CBO when the legislation was con- Section 108 of the Conference Substitute clarifies that application of section 408 to sidered. In preparing a comparison, the con- preserves the rulemaking authority of the legislation. If a legislative measure would re- ferees intend that CBO critique the agency houses. authorize or amend existing statutes, the cost estimate in such comparison to make sure it is an accurate reflection of the cost of points of order established by the bill would Sec. 109. Authorization of appropriations apply only if the measure would either: (1) the mandate. The primary objective of the Unfunded Section 104 of the Senate authorizes $4.5 reduce net authorized financial assistance million annually through fiscal year 2002 for for complying with mandates by an amount Mandate Reform Act is to make sure Con- gress is adequately informed of the cost CBO to carry out this act. that would cause a breach of the thresholds, Section 421(e) of the House Amendment without reducing duties by a corresponding mandates in legislation when they are con- sidered. The conferees are particularly con- contains the same language. amount: or, (2) otherwise increase the net Section 109 of the Conference Substitute aggregate direct costs of mandates by an cerned about instances in which agencies ex- ceed their discretion to impose regulations authorizes appropriations for CBO. The con- amount that would cause a breach of the ferees note that this Act provides a major thresholds. The Senate Bill also provides that are much more costly than anticipated when the legislation was considered. The in- expansion in the responsibilities of CBO and that the net direct cost of Federal mandates recognize the need for additional funding in in legislation means the net increase of tent of this section is to provide, when re- order for CBO to carry out these responsibil- those costs as compared to current law lev- quested, a review of agencies’ actions and es- ities. The conferees intend that these new re- els. If mandate legislation is extending an timates to make sure they are consistent sponsibilities should not supplant CBO’s ex- authorization of appropriations, the levels with the costs of the mandate when Congress isting responsibilities under the Budget Act. authorized in the mandate legislation are to considered the legislation. be compared to the last year in which appro- Sec. 104. Repeal of existing requirements for Sec. 110. Effective date priations are authorized under current law. CBO mandate cost estimates Section 109 of the Senate Bill provides an Section 301(a) of the House Amendment Section 106 of the Senate Bill repeals pro- effective date of January 1, 1996, or 90 days adds a new Section 425(d) to the Budget Act visions in section 403 of the Budget Act that after an appropriation for CBO authorized by that provides narrower language for limiting are superseded by Part B. the Bill becomes available. the application of part B. Section 305 of the House Amendment con- Section 306 of the House Amendment pro- The Conference Substitute contains the tained similar language. vides an effective date of October 1, 1995. Senate language as a new section 428 of the Section 104 of the Conference Substitute The Conference Substitute contains the Budget Act. contains the Senate language. Senate language as section 110. Sec. 102. CBO assistance to committees and Sec. 105. Consideration for Federal funding studies TITLE II. REGULATORY ACCOUNTABILITY AND Section 107 of the Senate bill provides that REFORM Section 102(l) of the Senate Bill amends nothing in S. 1 denies federal funding to section 202 of the Budget Act to add to CBO’s State, local, or tribal governments because Sec. 201. Regulatory process responsibilities a requirement to assist com- they are already complying with all or part The Senate bill, in section 201, directs each mittees in analyzing legislative proposals of a federal mandate. agency, ‘‘to the extent permitted in law’’, to that may have significant budgetary impact The House Amendment contains no such assess the effects of regulations on State and on State, local, and tribal governments, or provision. local governments and the private sector, significant financial impact on the private The Conference Substitute contains the and to minimize regulatory burdens that af- sector. The Bill also amends section 202 of Senate language with a clarification that it fect the governmental entities. It authorizes the Budget Act to require CBO to prepare applies to section 425(b)(2). The Conferees do the appropriation of such sums as are nec- studies at the request of the chairman or not intend this section to create any legally essary to carry out this title. ranking minority member of a committee. binding duty to pay these governments, nor The House amendment, in section 201, con- Subsection (h)(1), regarding continuing stud- is it intended to affect the calculation of tains a similar provision. ies, restates existing law. Subsection (h)(2) mandate estimates or Federal budget cost The Conference substitute directs each adds new provisions regarding mandate stud- estimates. agency, unless otherwise prohibited by law, ies. to assess the effects of regulatory actions on Section 102(2) of the Senate Bill amends Sec. 106. Impact on local governments State, local, and tribal governments and the section 301(d) of the Budget Act to require Section 108 of the Senate Bill includes private sector (other than to the extent that committees to comment on mandate legisla- findings about cost shifting from Federal to such regulations incorporate requirements tion as part of their views and estimates sub- State and local, and from State to local, gov- specifically set forth in law). missions to the Budget Committees. ernments, and resultant increases in prop- Section 301(a) of the House Amendment erty taxes and service cuts. This section Sec. 202. Statements to accompany significant adds a new section 424(b) and (c), which in- states the sense of the Senate that these regulatory actions cludes similar language as the Senate Bill practices should cease and that curbing The Senate bill, in section 202, requires except that the House Amendment requires them, and reducing taxes and spending at all that before promulgating any final rule that CBO to assist committees in assessing man- levels, are primary objectives of this Act. includes a Federal intergovernmental man- date legislation that will have a significant The House Amendment contains no such date that may result in aggregate costs to employment impact on the private sector. provision. State, local, or tribal governments, and the The Conference Substitute contains the The Conference Substitute adopts the Sen- private sector, of $100,000,000 or more in any Senate language with an amendment to re- ate language as section 106. one year, or any general notice of proposed flect the House language to require CBO to Sec. 107. Enforcement in the House of Rep- rulemaking that is likely to result in such a assist committees in assessing the impact of resentatives rule, an agency must prepare a written private sector mandates on employment. The The Senate Bill did not include language statement. The statement must estimate an- Substitute drops the definition of employ- on enforcement in the House of Representa- ticipated costs to such governments and the ment for the purposes of this section. tives. private sector of complying with the inter- Sec. 103. Cost of Regulations Section 302 of the House Amendment governmental mandate, as well as (to the ex- Section 103 of the Senate Bill express the amends House Rule XXIII so that when the tent that the agency determines that accu- sense of Congress that agencies should re- Committee of the Whole is considering an rate estimates are reasonably feasible) the view planned regulations to ensure that they amendment that includes a provision that future compliance costs of the mandate, and take CBO cost estimates into consideration. would have been subject to a point of order any disproportionate budgetary effects of the It also requires CBO, at the request of any established by the bill, it will be in order to mandate on any particular region of the na- Senator, to estimate the cost of regulations move to strike that provision, unless the tion or type of community. Also included in implementing mandate legislation and com- special rule for considering the measure spe- the statement must be a qualitative, and if pare it with the CBO cost estimate for the cifically prohibits the motion. The House possible, quantitative assessment of the legislation itself. It directs OMB to provide Amendment also requires the Committee on costs and benefits anticipated from the CBO with such data and cost estimates. Rules to list in its activities reports all spe- intergovernmental mandate, the effect of the March 13, 1995 CONGRESSIONAL RECORD — HOUSE H 3063 private sector mandate on the national econ- The House amendment, in subsection making record indicates that there are two omy, a description of the extent of prior con- 201(c), contains an identical provision. or more alternatives to accomplish the ob- sultation with State and local elected offi- The Conference substitute retains this pro- jective of the rule, unless the mandate is the cials (or their designated representatives), a vision. least costly method or has the least burden- summary of the comments of such officials, Sec. 204. State, local and tribal government some effect, unless the agency publishes an a summary of the agency’s evaluation of input explanation of why the more costly or more those comments, and the agency’s position The Senate bill, in subsection 201(b), re- burdensome method was adopted. supporting the need to issue the regulation. quires each agency, to the extent permitted The Conference substitute requires that The House amendment, in section 202, con- in law, to develop an effective process to per- before promulgating any rule for which a tains a similar provision with those same re- mit State, local and tribal elected officials written statement is required under section quirements, except that it applies to Federal (or their designated representatives) to pro- 202, an agency shall identify and consider a mandates generally, and not just intergov- vide meaningful and timely input into the reasonable number of regulatory alter- ernmental mandates, and the costs of development of regulatory proposals con- natives and select from them either the least $100,000,000 shall be of expenditures by taining significant mandates. Such as proc- costly, the most cost-effective, or the least States, local governments, or tribal govern- ess shall be consistent with all applicable burdensome alternative that achieves the ob- ments, in the aggregate, or the private sec- laws. jectives of the rule, unless either the agency tor. In addition, it requires that the state- The House amendment, in subsection head publishes an explanation of why this ment identify the provision of Federal law 201(b), contains a similar provision, but with- was not done or such a selection is inconsist- under which the rule is being promulgated, out the references to ‘‘to the extent per- ent with law. The conferees intend that ‘‘a the disproportionate budgetary effects of the mitted in law’’ and ‘‘consistent with all ap- reasonable number of regulatory alter- mandate on particular segments of the pri- plicable laws’’. natives’’ means the maximum number that vate sector, the effect of private sector man- The Conference substitute requires each an agency can thoroughly consider without dates on the national economy, and the ex- agency, to the extent permitted in law, to delaying the rulemaking process. The sub- tent of the agency’s prior consultation with develop an effective process to permit elect- stitute also requires the OMB Director, with- designated representatives of the private ed officers (or their designated employees in one year of enactment, to certify agency sector. with authority to act on their behalf) of compliance with this section, and to include The Conference substitute adopts the State, local and tribal governments to pro- House provision, along with a condition that in the written explanation any agencies and vide meaningful and timely input into the rulemakings that fail to do so. the items in the written report be included development of regulations containing sig- ‘‘unless otherwise prohibited by law’’. This nificant intergovernmental mandates. It pro- Sec. 206. Assistance to the Congressional Budget section does not require the preparation of vides that the Federal Advisory Committee Office any estimate or analysis if the agency is pro- Act (FACA) shall not apply to such intergov- The Senate bill, in section 203, provides hibited by law from considering the estimate ernmental communications where the meet- that the OMB Director shall collect from the or analysis in adopting the rule. Several ings are held exclusively between Federal of- agencies the statements prepared under sec- other modifications to the House provision ficials and elected State and local officials were made by the conferees. The rules to tion 202 and periodically forward copies to (or their designated employees with author- the CBO Director on a timely basis. which the required statement applies are any ity to act on their behalf) acting in their of- general notice of proposed rulemaking that The House amendment, in section 203, con- ficial capacities, and where such meetings is likely to result in promulgation of any tains an identical provision. are solely to exchange views on the imple- rule that includes a Federal mandate, or any The Conference substitute retains this pro- mentation of Federal programs which explic- final rule for which such notice was pub- vision. itly share intergovernmental responsibil- lished. The substitute adds a requirement ities. The President shall issue guidelines to Sec. 207. Pilot program on small government that there be a qualitative and quantitative agencies on the implementation of this re- flexibility assessment of the anticipated costs and ben- quirement, within 6 months. efits of the mandate, and an analysis of the The Senate bill, in section 204, requires the The conferees agree that an important part extent to which such costs may be paid with OMB Director to establish pilot programs in of efforts to improve the Federal regulatory Federal financial assistance. The require- at least two agencies to test innovative and ment that the effect of private sector man- process entails improved communications more flexibility regulatory approaches that dates on the national economy be included is with State, local, and tribal governments. reduce reporting and compliance burdens on amended, so that the limitation to ‘‘private Accordingly, this legislation will require small governments, while meeting overall sector’’ mandates is stricken. The require- Federal agencies to establish effective mech- statutory goals and objectives. Any com- ment that the statement include the agen- anisms for soliciting and integrating the bination of proposed rules and rules in effect cy’s position supporting the need to issue the input of such interests into the Federal deci- may be part of the pilot programs. regulation containing the mandate is sion-making process. Where possible, these The House amendment, in section 204, con- dropped. Also, the requirement for a descrip- efforts should complement existing tools, tains an identical provision. tion of prior consultation drops both the ref- such as negotiated rulemaking and/or the The Conference substitute retains this pro- erence to ‘‘designated representatives’’ and use of Federal advisory committees broadly vision. representing all affected interests. to ‘‘the private sector’’, and instead refers to Sec. 208. Annual statements to Congress on the ‘‘prior consultation with elected rep- The conferees recognize that FACA has been the source of some confusion regarding agency compliance with requirements of resentatives (under section 204)’’. title II It is the intent of the conferees that the the extent to which elected officials of State, rulemaking process shall follow the require- local, and tribal governments, or their des- The Senate bill contains no such provision. ments of section 553 of title 5, United States ignated employees with authority to act on The House amendment, in section 207, pro- Code, and shall be subject to the exceptions their behalf, may meet with Federal agency vides that the OMB Director shall annually stated therein. When a general notice of pro- representatives to discuss regulatory and submit written statements to Congress, de- posed rulemaking is promulgated, such no- other issues involving areas of shared re- tailing agency compliance with the require- tice shall be accompanied by the written sponsibility. Section 204(b) clarifies Congres- ments of its sections 201 (Regulatory Proc- statement required by section 202. When an sional intent with respect to these inter- ess) and 202 (Statements to Accompany Sig- agency promulgates a final rule following actions by providing an exemption from nificant Regulatory Actions). the earlier promulgation of a proposed rule, FACA for the exchange or official views re- The Conference substitute adopts the the rule shall be accompanied by an updated garding the implementation of public laws House requirement and applies it to compli- written statement. In all cases, the excep- requiring shared intergovernmental respon- ance with all sections of this title. tions stated in section 553 shall apply, in- sibilities or administration. Sec. 209. Effective date cluding for good cause. Section 204(c) requires the President to Sec. 203. Small government agency plan issue guidelines and instructions to Federal The Senate bill, in section 205, provides agencies, consistent with other applicable that this title shall take effect 60 days after The Senate bill, in subsection 201(c), pro- laws and regulations, within six months of the date of enactment. vides that before establishing any regulatory enactment. The conferees would expect the The House amendment would take effect requirements that might significantly or President to consult with the Director of the upon enactment. uniquely affect small governments, agencies Office of Management and Budget (OMB) and The Conference substitute adopts the shall have developed a plan under which the House effective date of upon enactment. agency provides notice to potentially af- the Administrator of General Services (GSA) before promulgating such guidelines. fected small governments, enables officials TITLE III. REVIEW OF FEDERAL MANDATES of such governments to provide input, and Sec. 205. Least burdensome option or expla- informs and advises such governments on nation required Sec. 301. Baseline study of costs and benefits compliance with the requirements. Such The Senate bill contains no such provision. The Senate bill, in section 301, provides sums as are necessary to carry out these re- The House amendment, in subsection that within 180 days, the Advisory Commis- quirements are authorized to be appropriated 201(d), prohibits an agency from issuing a sion on Intergovernmental Relations (ACIR) to each agency. rule that contains a mandate if the rule- shall begin a study of how to measure and H 3064 CONGRESSIONAL RECORD — HOUSE March 13, 1995 define issues involved in calculating the proceedings. It also includes a modification The Conference substitute provides an au- total direct and indirect costs and benefits of a House requirement, so that ACIR shall thorization of appropriations of $500,000 for to State, local, and tribal governments of make recommendations on mitigating any each of fiscal years 1995 and 1996 to ACIR to compliance with Federal law, and the direct adverse impacts on the private sector that carry out sections 301 and 302. and indirect benefits to such governments of may result from relieving State and local Federal financial assistance and tax benefits. governments of mandates, and the feasibility COMMITTEE REPORT ON JUDICIAL REVIEW The study shall deal with issues related to of applying relief from mandates in the same The purposes of Section 401 are as follows. the feasibility of measuring, and how to manner to both the private sector, and State Section 401(a)(1) and (2) would allow court re- measure, such items. and local governments. The House definition view only to redress a failure of an agency to The House amendment contains no similar of ‘‘State mandate’’ is also retained. In addi- prepare the written statement (including the provision. tion, a provision is added requiring that, to preparation of the estimates, analyses, state- The Conference substitute adopts the Sen- the extent practicable, any negative impact ments or descriptions) required to be in- ate language, except that the study is to be on the private sector that may result from cluded in such statement under Section 202 completed within 18 months rather than implementation of a recommendation be or the written plan under Section 203(a)(1) started within 180 days. identified. and (2). A reviewing court may not review Sec. 302. Report on Federal mandates by Advi- The conferees intend that ACIR have flexi- the adequacy of a written statement pre- sory Commission on Intergovernmental Re- bility to review a wide array of federal re- pared under Section 202 or a written plan lations quirements on State and local governments. under Section 203(a) (1) and (2). Challenges to The Senate bill, in section 302, requires These requirements may include conditions an agency’s failure to prepare a written ACIR to study the role of unfunded Federal of federal assistance, such as those attached statement under Section 202 or a written mandates in intergovernmental relations, to the receipt of Federal grants, or direct or- plan under 203(a) (1) and (2) may be brought and to make recommendations regarding al- ders like emissions testing requirements, only under Section 706(1) of the Administra- lowing flexibility in complying with specific carpool mandates, and national voter reg- tive Procedures Act and may not be brought istration directives that are not tied to the mandates, reconciling conflicting mandates, until after a final rule has been promulgated. receipt of Federal funds. terminating duplicative or obsolete man- Section 401(a)(3) prohibits any court in dates, suspending mandates that are not Sec. 303. Special Authorities of Advisory Com- which review of a completed rulemaking ac- vital to public health and safety, consolidat- mission tion is sought from staying, enjoying, invali- ing or simplifying mandates, and establish- The Senate bill, in section 303, provides au- dating or otherwise affecting the effective- ing common definitions or standards to be thority to the ACIR, for purposes of carrying ness of an agency’s rulemaking for failure to used in complying with Federal mandate. To out this title, to procure temporary and comply with the requirements of Section 202 the extent practicable, the specific unfunded intermittent services of experts or consult- and Section 203(a) (1) and (2) of this Act. This mandate to which a recommendation applies ants, to receive on a reimbursable basis should be identified. One of the existing Fed- is true not only under Section 401(a)(3), detailees from Federal agencies, and to con- which regards review of rules under other eral mandates that ACIR is to study and tract with and compensate government and make specific recommendations on is the provisions of law, but also under Section private persons for property and services. 401(a)(1), which only authorizes a court to Federal requirement that State, local, and The House amendment, in section 102, con- tribal governments utilize metric systems of compel the agency to prepare a written tains the same provisions, as well as a provi- statement, but does not authorize a court to measurement. Within 60 days of enactment sion authorizing ACIR to receive on a reim- of this Act, ACIR is required to issue pro- stay, enjoin, invalidate, or otherwise affect a bursable basis administrative support serv- posed criteria under this subsection, and rule. ices from the General Services Administra- then to allow 30 days for public comment, It is the intent of the Conference Commit- tion. with adoption of the final criteria not later tee that if an agency prepares the state- The Conference substitute adopts the than 45 days after the issuance of the pro- ments, analysis, estimates or descriptions House language. posed criteria. Within 9 months of enact- under Section 202 and the written plan under ment, ACIR is required to publish a prelimi- Sec. 304. Annual report to Congress regarding Section 203(a) (1) and (2) for purposes of its nary report on its activities under this title, Federal court rulings rulemaking pursuant to the underlying stat- including its recommendations, and then to The Senate bill contains no such provision. ute, a court may, if pursuant to the review hold public hearings on these preliminary The House amendment, in section 205, pro- permitted under such statute, consider the recommendations. Not later than 3 months vides that ACIR shall annually submit to adequacy of such information generated. after publication of the preliminary report, Congress a report describing Federal court Section 401(a)(4) provides that information ACIR shall submit to Congress and the Presi- rulings in the preceding your which imposed generated under Section 202 and Section dent a final report on its findings, conclu- an enforceable duty on one or more State, 203(a) (1) and (2) is not subject to judicial re- sions, and recommendations under this sec- local, or tribal governments. view pursuant to this Act under Section tion. The Conference substitute modifies the 706(2) of the Administrative Procedures Act. The House amendment, in section 101, con- House provision, by requiring that the report Section 401(a)(4) does allow that such infor- tains nearly identical provisions, except that describe any Federal court case to which a mation may, in accordance with the stand- it also requires ACIR, when studying the role State, local, or tribal government was a ards and process of the underlying statute, of unfunded Federal mandates, to review party in the preceding year that required be part of the agency’s rulemaking record their impact on the competitive balance be- them to undertake responsibilities beyond subject to judicial review pursuant to the tween State and local governments, and the those they would otherwise have under- underlying statute. Any such information private sector, to review the role of unfunded taken, to comply with a Federal statute or that is part of the record for judicial review State mandates imposed on local govern- regulation. pursuant to the underlying statute. Any ments and the private sector, and to review Sec. 305. Definition the role of unfunded local mandates imposed such information that is part of the record on the private sector. Definitions of ‘‘State The Senate bill contains no such provision. for judicial review pursuant to the underly- mandate’’ and ‘‘local mandate’’ are provided. The House amendment, in section 103, de- ing statute may be subject to review under It also requires that ACIR make rec- fines, for purposes of this title, ‘‘Advisory Section 706(2) of the Administrative Proce- ommendations regarding the establishment Commission’’ to mean the Advisory Commis- dures Act (or other applicable law) and can of procedures to ensure that when private sion on Intergovernmental Relations, and be considered by a court, to the extent rel- sector mandates apply to entities that com- ‘‘Federal mandate’’ to mean any provision in evant under the underlying statute, as part pete with State or local governments, any statute or regulation or any Federal court of the entire record in determining whether relief from unfunded Federal mandates is ap- ruling that imposes an enforceable duty the record before it supports the rule under plied in the same manner and the same ex- upon States, local governments, or tribal the ‘‘arbitrary and capricious’’ or ‘‘substan- tent to both. In addition, ACIR is instructed governments including a condition of Fed- tial evidence’’ standard (whichever is appli- to give highest priority to mandates that are eral assistance or a duty arising from par- cable). Pursuant to the appropriate Federal the subject of judicial proceedings between ticipation in a voluntary Federal program. law, a court should look at the totality of the United States and a State, local, or trib- The Conference substitute retains the the record in assessing whether a particular al government. The House amendment con- House definition of ‘‘Federal mandate’’, but rulemaking proceeding lacks sufficient sup- tains no provision regarding the metric sys- adds at the beginning of it the phrase ‘‘Not- port in the record. The provisions of this Act tem of measurement. withstanding section 3 of this Act,’’. do not change the standards of underlying The Conference substitute retains the Sen- Sec. 306. Authorization of appropriations law, under which courts will review agency ate provisions, and adds the House require- The Senate bill, in section 304, provides an rules. ments for a review of the impact on competi- authorization of appropriations of $1,250,00 Section 401(a)(5) provides that, for any ac- tive balance and a review of the role of un- for each of fiscal years 1995 and 1996 to ACIR tion under Section 706(1), the provisions of funded State mandates imposed on local gov- for the purposes of carrying out sections 301 the underlying Federal statute relating to ernments (only), as well as the provision and 302. all other matters, such as exhaustion of rem- placing highest priority on mandates that The House bill provides no authorization of edies, statutes of limitations and venue, are the subject of intergovernmental judicial appropriations. shall continue to govern, notwithstanding March 13, 1995 CONGRESSIONAL RECORD — HOUSE H 3065 the additional requirements on agencies that TERM LIMITS: BRING IT TO A I came to Congress to do a job, not to Title II of this Act imposes. If, however, such VOTE get a job. I came here to change the underlying Federal statutes does not have a The SPEAKER pro tempore. Under a spending priorities of Congress, to pro- statute of limitations that is less than 180 tect a woman’s right to choose and to days, then for review of agency rules under previous order of the House, the gentle- Section 706(1) that include the requirements woman from Oregon [Ms. FURSE] is rec- make our streets safer for all our citi- set forth in Section 202 or Section 203(a) (1) ognized for 5 minutes. zens and, when my work is done, I will and (2), the time for filing an action under Ms. FURSE. Mr. Speaker, I am here go back to my farm in Hillsboro, OR. Section 706(1) is limited to 180 days. today to talk about promises. The Re- It has been an honor and it is an Finally, Section 401(b)(1) makes it clear publicans have not lived up to their honor to be a public servant and I am that except as provided in Section 401(a), no promise with the American people. proud to keep the promise I made to other provision or requirement in the Act is Today we were supported to vote on my constituents. I an here to fight for subject to judicial review. Title I, those por- them. But I am not here to make a ca- tions of Title II not expressly referenced term limits and on the first day of this above, and Title III are completely exempt session, I introduce a term limits bill reer out of it. I call on the majority to from any judicial review. Section 401(b)(2) that mirrors the one passed in my be honest with the American people, states that, except as provided in Section home State of Oregon. Oregonians bring up term limits for a vote now, 401(a), the Act creates no right or benefit overwhelmingly support term limits, today, or tomorrow. that can be enforced by any person in any and the majority of Americans do, too, Mr. ROHRABACHER. Will the gen- action. Section 401(a)(6) states that any and by all of the talk by Republicans, tlewoman yield? agency rule for which a general notice of you would think they supported term Ms. FURSE. I yield back the balance proposed rulemaking has been promulgated of my time. after October 1, 1995 shall be subject to judi- limits too. But apparently not so. cial review as provided in Section 401(a)(2) The leadership will not schedule a Mr. ROHRABACHER. Would the gen- (A) and (B). vote on term limits today because a lot tlewoman yield for a question? of those people who campaigned on Ms. FURSE. Yes. U.S. SENATE, term limits have suddenly gotten Mr. ROHRABACHER. Your com- OFFICE OF THE SECRETARY, March 10, 1995. squeamish now that they are in office. plaint today is we did not bring up the Hon. DIRK KEMPTHORNE, Our current Republican Speaker has term limit votes today. Is there some U.S. Senate, served in Congress for 28 years. That is doubt in your mind that it will be Washington, DC. what I call a career. brought up during the first 100 days as DEAR SENATOR KEMPTHORNE: Per our con- By not voting on term limits today, was promised the American people. versation of March 9, 1995, I am writing to Republicans are saying that maybe Ms. FURSE. The vote was scheduled confirm that in the counting of days in the they don’t care what their constituents for today and tomorrow; and Thursday U.S. Senate, a sine die adjournment will re- want. Maybe they just want to stay in evening, at the very last moment, I re- sult in the beginning again of the day count- ing process and that the sine die adjourn- office. ceived the word that we were not going ment of a Congress results in all legislative Most of those Republicans who to vote on term limits. action being terminated and any process signed this Contract With America said Mr. ROHRABACHER. Is there any ended so that it must begin again in a new they are proud of it and they keep say- doubt in your mind—our Contract With Congress. ing so. That contract has been rushed America said it would be within the Hoping this may be of help. I remain, through Congress. Most of the issues first 100 days there would be a vote on Sincerely, being voted on have never been scruti- this issue. ROBERT B. DOVE, nized in a hearing or allowed full pub- Ms. FURSE. It makes me very doubt- Parliamentarian, U.S. Senate. lic comment. But Republicans don’t ful. It raises a strong doubt. Why have WILLIAM F. CLINGER, seem to have any problem voting any- we been voting on things that hurt ROB PORTMAN, way on those very important issues. children and women and the environ- DAVID DREIER, For instance, when the contract ment and civil rights, like the fourth TOM DAVIS, called for slashing laws that protect GARY CONDIT, amendment? CARDISS COLLINS, our health and our environment, laws Mr. ROHRABACHER. So the gentle- EDOLPHUS TOWNS, like clean air and clean water, they woman has a doubt that the Repub- JOE MOAKLEY, had no problem scheduling a vote. licans mean to bring this up to a vote. Managers on the Part of the House. When the contract called for taking I would hope that the people that have DIRK KEMPTHORNE, away the number of cops on the street, that doubt, and if we do bring it up for BILL ROTH, no problem then for scheduling a vote. a vote, that they will then understand PETE V. DOMENICI, When the contract calls for taking the Republicans are keeping their JOHN GLENN, away the rights of women and children pledge. J.J. EXON, and seniors to get fair treatment when Ms. FURSE. I would hope they would Managers on the Part of the Senate. a company knowingly harms them, keep their pledge on time. I would hope f again, no problem scheduling a vote. we would vote on this only issue that But I want to remind all of us that affects us as Members of Congress, and VACATING OF SPECIAL ORDER the contract also called for a vote on I yield back the balance of my time. Mr. STEARNS. Mr. Speaker, I ask term limits. We were supposed to vote Mr. ROHRABACHER. Would the gen- unanimous consent that the 5-minute on that today and tomorrow, but guess tlewoman answer one other question? special order granted to the gentleman what? That is a vote that affects Mem- When have the Democrats for the last from Missouri [Mr. TALENT] for bers of Congress. 40 years had such a vote? Wednesday, March 15, 1995, be vacated. Now, we are not talking about hurt- f The SPEAKER pro tempore (Mr. ing women and seniors and children The SPEAKER pro tempore. Under a JONES). Is there objection to the re- and the environment or civil rights, no, previous order of the House, the gen- quest of the gentleman from Florida? not when we talk about term limits. tleman from Virginia [Mr. BATEMAN] is There was no objection. What we are talking about is Members recognized for 5 minutes. f of Congress, about their jobs, their power, their incomes. Now we are talk- [Mr. BATEMAN addressed the House. b 1415 ing about something that actually af- His remarks will appear hereafter in fects us. the Extensions of Remarks.] SPECIAL ORDERS I think that that is outrageous. I f The SPEAKER pro tempore (Mr. think that the business of this Con- JONES). Under the Speaker’s announced gress is to keep our promises, and the NOTABLE WOMEN OF HISTORY policy of January 4, 1995, and under a reason why the public has such a low The SPEAKER pro tempore. Under a previous order of the House, the follow- regard for Congress is because law- previous order of the House, the gentle- ing Members are recognized for 5 min- makers put their interest in front of woman from Colorado [Mrs. SCHROE- utes each. their constituents. DER] is recognized for 5 minutes. H 3066 CONGRESSIONAL RECORD — HOUSE March 13, 1995 Mrs. SCHROEDER. Mr. Speaker, I hoop skirts all the time and came up timing of what President Clinton is just would like to add to the gentle- with these billowing bloomers. doing is everything. For on this House woman from Oregon’s concern before I Well, Dr. Edwards, or Dr. Walker be- floor this week we will be voting on a go into what I wanted to talk about. I came very, very involved in serving the rescission package that cuts benefits think her concern is a legitimate one, Union Army in the fields, and when she for veterans. that for over 200 years of this Republic used to come into Washington, DC; to Now, how do the veterans feel about we have done without term limits, and get you in someplace, they would ar- a rescission package that cuts the vet- we have now driven the American peo- rest her because she was not wearing erans at the same time we are shoring ple to really want term limits, and yet proper attire. If you can remember the up the peso by giving $20 billion to the we seem to be able to get everything attire of the Civil War, you can cer- exchange stabilization fund? else up on time. But we tend to want to tainly understand why if you were a Let me also talk to you about what play with the term limits legislation so woman doctor and you were out on the the chief economist at Lehman Broth- that it won’t really apply to us, so that field treating patients, you were not ers, Allen Sinai said: ‘‘The dollars’ new everybody will get at least 20 more running around in one of those big all-time lows are being generated by years in before they kick in. There are hoop skirts. And finally, the Congress the United States ties to Mexico and some games being played and I think gave her a special exemption so she the panic flight right now of funds she had a legitimate point. could come into town and resupply and away from weak currency countries, But, Mr. Speaker, the reason I really not be arrested because of the terrific, Mexico, Canada, and the United come to the floor is to talk about wom- meritious job that she was doing for States.’’ en’s history week because—actually it Union soldiers. Need I remind the Members of this is a month, we get a whole month this I think that is another very interest- body that the exchange stabilization year, and it should be a month because ing and heroic woman that we know fund that is being tapped by the Clin- actually this is a year where we are very little about. Another woman that ton administration was set up explic- celebrating the 75th anniversary of I think is very interesting is Bertha itly to protect the value of the United women having gotten the right to vote Palmer. How many people who grew up States dollar, not the Mexican peso. federally, so in this diamond jubilee, I in Chicago know about Palmer House, Yet the administration has already dis- think it is only right that we look back and she was the spouse of the Palmer bursed $3 billion from this fund to Mex- at some of the history that so many of Palmer House. She also, when she ico whose current political corruption Americans really don’t know. inherited his wealth, proceeded to dou- saga contains more characters than a I want to just quickly talk about ble it before she died, which is no shab- Tolstoy novel and is expecting to ship three women this morning that I think by task, but she was a very, very down the next $7 billion by the end of all played very important roles that a strong person for women’s rights. And June. And for those of my colleagues lot of people don’t know about. some of the very interesting things who didn’t read the paper this morn- First is Anne Hutchinson. Ann that she did was during the Columbus ing, Mr. Salinas, the former President Hutchinson was born in 1591 in Eng- exhibition, when they were celebrating of Mexico, has left Mexico, and now in- land. She was born during the reign of the 400th anniversary of Columbus tends to reside in Boston, MA, and be a Elizabeth I. Her father was an Epis- finding America, she was on the board consultant. copalian minister and she migrated and she said, ‘‘Well, aren’t we going to Mr. Speaker, James Madison wrote, with her husband to the Massachusetts do anything about Queen Isabella who ‘‘The House of Representatives alone Bay Colony. She was very steeped in at least put up the money.’’ can propose the supplies requisite for theology because she had grown up I mean, this woman had some respect the support of the Government. They, with it, and obviously it was not long for that and of course you could imag- in a word, hold the purse.’’ before she came to loggerheads with ine what the old boys said. They said, My colleagues, what that means basi- the different leaders in the Massachu- ‘‘See, that is what happened, put a cally is Congress has to approve money setts Bay Colony who really were not woman on the board, the next thing that you spend. The administration under free speech. They were only into you know they are trying to take over can’t take this kind of money from the free speech for themselves. everything,’’ so she ended up having to American people without Congress ap- We as Americans talk about, first, form a woman’s exhibition right along- proving. free speech, and, second, freedom of re- side of it. It became very successful So that is why I call on the rest of ligion, but let me tell you, the first and actually it ended up in the black the Members of this House to allow a guys that got off the boat were not for even though the other one ended up in vote on congressional approval for any that. And it was this very courageous the red. additional funds to Mexico and suspend woman, with her husband standing be- So these are three mothers that I further payment until all the questions side her, and she had over 12 children think we should think more about in are answered from the Leach letter to join her, that took up this cudgel, this month and I hope we get to think that we approved in a House resolution and she and their followers ended up about many more. here on the House floor. moving outside of the Massachusetts f I would like to conclude by reading a Bay Colony after several very pro- quote from a leading columnist in Mex- longed trials where they tried to try ON MEXICO BAILOUT ico talking about the recent disruption her for witchcraft and everything else. The SPEAKER pro tempore. Under a in Mexico and the peso, and she said, They moved and they started the previous order of the House, the gen- ‘‘Two things happened to Mexico under first colony in America that had free- tleman from Florida [Mr. STEARNS] is Mr. Salinas. He made us believe in the dom of religion and freedom of speech recognized for 5 minutes. Government of Mexico and he anes- in it. So I think as we talk about that, (Mr. STEARNS asked and was given thetized us from the corruption. Now we should remember where some of permission to revise and extend his re- the new President has made us see the those ideas came from and came from marks.) corruption, and the result is we don’t early on. Mr. STEARNS. Mr. Speaker, my believe in Government anymore.’’ Another woman that I would like to friends, in politics as in humor, timing Mr. Speaker, now is the time to allow talk about that we don’t mention, she is everything, and the timing of Presi- us to vote on this matter and suspend was one of the very early women in dent Clinton’s $20 billion bailout of all further payments, particularly in America to become a doctor, Mary Ed- Mexico could not be worse. At the very light of the fact that we have a rescis- wards Walker. She was not the first, moment, the American dollar is taking sion package coming on this House but one of the first, and she became a a beating in world currency markets. floor that is going to be $17 billion, al- great friend of Ms. Bloomer of the The Clinton administration is sparing most as much as the President intends Bloomer girls. People forget where the no expense to shore up the Mexican to give to Mexico without congres- word ‘‘bloomer’’ came from; it came peso. sional approval. from the woman who came up with the In looking through some of the clips Mr. Speaker, I yield to the gentleman idea that it was very difficult to wear over the weekend, it seemed to me the from California [Mr. ROHRABACHER]. March 13, 1995 CONGRESSIONAL RECORD — HOUSE H 3067 Mr. ROHRABACHER. Mr. Speaker, everything that we possibly can to stop dreds of billions of dollars to stabilize we will be voting on Wednesday on a the spending of that money, mainly be- their currency. After all, they have got major rescission. We will be voting to cause—OK, it is wrong but also it will nuclear weapons. What if chaos erupts cut the spending for many programs not work. It is not going to save Mex- in Russia? that many of our people have learned ico. This is a formula for the United to depend upon. Whether or not they Sending—you know, pouring money— States to be spending hundreds of bil- should be depending on these programs, it is the old adage, sending good money lions of dollars to protect other peo- whether or not the Federal Govern- after bad is not a way to make things ple’s currencies, and do you know what ment should be in those areas or not is right. It will just make things worse. that means? That means our currency a matter of debate, but if we cut these In Mexico, it will not work. will come under attack. That means programs and then we spend the What is needed down there is a our currency will come under attack. money, not on their benefit by bringing change. It needs change, basic change, That means people will sense that our down the Federal deficit, which is the and by us subsidizing the status quo by currency no longer is strong because purpose behind cutting spending sup- spending billions of dollars, we will not we are spending money from a sta- posedly, but instead allow that money see that change come. bilization fund meant to protect our to be taken from the United States Mr. Speaker, I yield to the gentleman currency that now is protecting these Treasury and sent to Wall Street spec- from Florida [Mr. STEARNS]. foreign interests who basically are big ulators who went to Mexico to receive Mr. STEARNS. The gentleman, per- money guys and rich elitists in other high returns on their investment or the haps like myself, has heard the argu- countries, and what happens? Mexican elite, which is a corrupt elite ments if we do not give this money to We have found that since the Mexi- that have betrayed their country time Mexico, there will be a financial catas- can bailout and the defeat of the bal- and again, we ourselves will be betray- trophe in Mexico and we hear that of- anced budget amendment, that our own ing our people in the same way that tentimes here in the halls of Congress dollar is now under attack. This is un- Mexican elite has been betraying their and we have heard the administra- conscionable. It has already cost Amer- own people. tion—in fact, recently Mr. Greenspan, ican people too much. It is a disgrace. This bailout is a crime against our the Chairman of the Federal Reserve We have got to act to stop this. own people, and on top of that, it will Bank and the Secretary of Treasury, not work. One can see the nature of Mr. Rubin, used this. And frankly I f this crime by the fact that here we are think it is sort of a scare tactic be- talking about the transferring of bil- cause a recent Wall Street Journal ON THE REPUBLICAN AGENDA lions of dollars, American taxpayers’ properly debunks that whole idea that The SPEAKER pro tempore. Under dollars, without so much as a vote of there would be a financial catastrophe. the Speaker’s announced policy of Jan- Congress. From early December through mid- uary 4, 1995, the gentleman from Cali- The last time I heard, money was not February, stock markets in emerging fornia [Mr. MILLER] is recognized for 60 supposed to be spent in this country countries that undertook significant minutes as the designee of the minor- unless the elected Representatives of pro-markets reforms, the ones you are ity leader. the people voted for it. This is a trav- talking about, and sound money re- Mr. MILLER of California. Mr. esty. It should and it will be stopped. forms survived quite nicely during the Speaker, I probably will not take the f so-called global crisis that the cur- whole 60 minutes, much to your relief rency has just been through. Stock and others, but I would like to take MORE ON THE MEXICAN BAILOUT markets in Singapore, Chile, and the some time here to discuss some mat- The SPEAKER pro tempore. Under a Czech Republic were essentially flat ters that concern me, some of which previous order of the House, the gen- during that period. Emerging nations will be addressed in the rescission this tleman from California [Mr. with partial or faltering reforms, in- week and later those that will come be- ROHRABACHER] is recognized for 5 min- cluding Brazil and Hungary, however, fore us in the welfare reform bill pro- utes. did indeed suffer mightily during the posed by the Republican Members of Mr. ROHRABACHER. Mr. Speaker, in Mexican breakdown. this Congress. terms of the bailout, the Mexican bail- So, in other words, private global in- First of all, let me just say that it is out, there was no vote in this body on vestment capital is discerning and mo- pretty well documented now and I the transfer of those funds. In fact, bile. It knows where it is investing its think people have come to understand when the President of the United money. It knows a good deal from a that the welfare reform bill holds States turned to Congress and saw that bad deal and it will not be intimidated major, major cuts to populations that there was no support in Congress for by disaster scenarios conjured up by fi- are very vulnerable in this American this $40 billion, potentially $40 billion nancial officials like Chairman Green- society and especially with those cuts expenditure, he proceeded in what I span and Secretary Rubin. with respect to nutrition programs for consider an antidemocratic fashion to Mr. ROHRABACHER. Reclaiming my school children and for newborn infants scheme and to plot in what could be a time, every time we try to cut the and for children in child care settings. legal way of taking billions of our dol- budget around here, every time we say, Specifically, some $7 billion are cut out lars and sending it to Mexico and Let us not spend Federal money in this of nutrition programs that serve the spending it on the purposes he in- area, let us cut the deficit, we are al- women’s, infants’ and children’s pro- tended, meaning the bailing out of ways told, My goodness, there is going gram and the school lunch programs. Wall Street speculators and basically to be a catastrophe, people are going to Now, many of my colleagues on the lining the pockets of a corrupt Mexican starve, there are going to be babies in Republican side of the aisle have come elite so that the system will not break the street, it is going to be horrible. to the floor and suggested from time to down in Mexico. But you know what, most of these time that they are not cutting any- Well, perhaps it would be good if the scare tactics that are being thrown out thing, that they are simply slowing the current Mexican elite, which is cor- are just absolutely wrong and the peo- growth, but the fact of the matter is rupt, which has been antidemocratic, ple who are talking that way know that they are removing a little over $7 perhaps it would be good if that power they are wrong but they are using a billion from these programs over the structure did break down and that the tactic to get us to spend the taxpayer’s next 5 years, and that means that the people of Mexico at long last would be dollar to line their own pockets. This is people who are administering these given a chance for true democracy and not contrary to what we have experi- programs at the local level, because honest government, because the grip of enced here at home. But let us take a that is where these programs are run, their oppressor would have been bro- look at that. will have to decide whether fewer chil- ken. If we are going to spend money to dren receive a school lunch or whether We have a chance to try to put an stabilize the currencies, what about they will receive a smaller school end to this. Already $3 billion has been Russia? Isn’t that also an important lunch or whether they will receive it spent. It is up to Congress now to do country? We could be spending hun- fewer days a week than they would H 3068 CONGRESSIONAL RECORD — HOUSE March 13, 1995 otherwise, because this money is sim- bouncy baby at the time of birth and to the wealthiest 1 percent of the peo- ply not sufficient to keep up with the not suffer all of these tragedies for the ple in the country. current—the current—demand on these family, for the child, and eventually If there are no savings and no cuts, programs. And of course, if the econ- the expenses for the taxpayer. how do you pay for the tax cut? They omy should go into any kind of down- But what are we doing now after 20 say that they pay for the tax cut by turn, as more and more people become years of treating this population, we the savings that they have made. You eligible for these programs because have now decided that we are going to serve on the Committee on Armed they have lost their jobs in the eco- turn our backs on this population and Services. If you were to say to Con- nomic downturn, there will be no cut the funding to this most vulner- gressman CUNNINGHAM, who serves, I money to provide for those children able, vulnerable group of people in our believe, on the Committee on Armed and those programs. society, and something that is clearly Services with you. And he says this is The program also, and you will start preventable with a matter of a few dol- not a cut, we are simply reducing the to see the linkage here, that the Re- lars a week, because what has a few growth in spending. If you were to tell publicans also cut the moneys for the dollars a week done? What it does is it him that you were going to take the women’s, infants’ and children’s pro- provides for medical screening for the armed services down to current serv- pregnant mother. gram. Again, they will argue it is block ices to maintain this current fighting At that time we try to tell them, do granted. Again, they will argue it can force next year and the year after, tak- not engage in the use of alcohol, do not be used more efficiently, but the fact of ing into account inflation and mission smoke during pregnancy because it can the matter is that the funding is in- growth and all the other things that have a dramatic impact and unfortu- capable of keeping up with the current are taking place, and you told him that demand with a case load that unfortu- nately a bad impact on the fetus and the baby when it is born, and we also you were going to take away the nately, unfortunately in this country, money that would allow that, would he continues to grow, and that is, women try to get them to understand nutri- tion. say, ‘‘That is a cut’’ or would he say, who are pregnant, that are certified to ‘‘That is not so bad; it is slowing the be at medical risk of either not being b 1445 growth’’? able to carry the pregnancy to term Mrs. SCHROEDER. You are setting and thereby giving it very extensive And in that light, we provide for me up. We would have to get a very risks to a low-birth-weight baby being them high-protein foods, foods high in iron and other supplements that we large ladder and a scrapper and we born. know can have a very dramatic impact would have to scrape him off the ceil- We know from all of the academic on the likelihood that this nutritional ing. He would be so angry that we studies and scientific studies that have risk that the woman suffers from can would even think about cutting de- been done over the last 20 years that be reversed and we can have a healthy fense. In fact, they are yelling that de- should a low-birth-weight baby be pregnancy at the outset. fense is not high enough, even though born, a baby generally under 5.5 Mr. Speaker, I yield to the gentle- defense is more than almost every pounds, that that baby suffers a dra- woman from Colorado [Mrs. SCHROE- other Nation on the planet is spending matic increase in the likelihood of DER]. on defense added together, but that is mental or physical disabilities or other Mrs. SCHROEDER. I am delighted complications, medical complications still not enough. And, therefore, they that the gentleman from California has are willing to go after these vulnerable at the time of birth. That baby can taken this time, because I think there very easily cause the increase, because populations. are a lot of myths going on. My under- I must say in my district I have not of the intensive and increased medical standing is that many offices are being attention at the time of birth, that found anybody who agrees with these flooded with phone calls because some- cuts. I have not found anyone who baby can cause an expenditure in the body on the radio told them that they hundreds of thousands of dollars over a thinks these cuts are a great idea in were wrong. order to give some fat cats who can pay very short period of time to try to get But you do not have to be a rocket the birth weight of the child up and to $50,000 a plate for dinner, to give them scientist to figure out Members of Con- a break. They do not feel that you take get the child functioning properly, to gress cannot say we are delivering all deal with the problems of the lungs, it from the most vulnerable and give it these savings, but of course we are not to the guys who have done the best. the respiratory problems that come cutting anything. It does not figure. from low-birth-weight babies as they That is not America. And I know the gentleman worked on What I am hoping is that people who are born. If the baby is very low birth the same reports that have seen when weight, of course the complications be- do agree with these cuts would not he chaired the Select Committee on only write me but send me their pic- come much more dramatic and the Children, Youth and Families that ture. And I would hope that you would costs much more dramatic. showed constantly over and over and ask the same thing. I would like to Interestingly enough, though, what over again every dollar spent by the have a board back here. I want to see we have found following these children Federal Government for immuniza- what these people look like. They do over an extended period of time is that tions, for WIC, for child feeding pro- when you return them home from the grams, we got back over and over and not look like any Americans that I hospital to the parents who now have a over again. It was one of the best in- know. healthy child, a child that is up to par vestments we can make. And, really, there is a lot of here in terms of its birth weight and it So I think the gentleman’s point flimflammery and a lot of smoke being is looking healthy here, that many about cutting this, or even cutting the blown around here. But the bottom line other problems continue to linger with increase in this, without having it driv- is, as the gentleman from California is these children, that these children en by the need I just think is out- saying, when you blow away the now, as we track them, are 30 to 40 per- rageous, because it is very shortsighted smoke, the children are going to be cent more likely to come in and need and we are going to see very, very long- hurt. special education, remedial costs all term spending. Mr. MILLER of California. The gen- throughout the early years of edu- Mr. MILLER of California. I thank tlewoman is exactly right, because the cation. the gentlewoman. And we both had the fact of the matter is that if you take So these problems do not end. Their honor to chair the Select Committee the cuts in school lunch programs, you problems do not cease, and yet we on Children, Youth and Families in are talking roughly about 2 million know that if we get them back up and previous Congresses. It is interesting children that would have been served if we were not cutting the WIC pro- that they try to portray to the public over that period of time, those 5 years, grams, that we have a dramatically, a that there essentially will be no cuts in that simply will not be served because dramatically increased opportunity of these programs affecting the children, the programs will not have the money. raising the birth weight of this child, what have you, and yet they are also The notion is to suggest, again, that of having this pregnancy go to term telling everybody that they cut all this somehow local school districts will and having this child be a healthy, money out so they can afford a tax cut make up that money. The fact is that March 13, 1995 CONGRESSIONAL RECORD — HOUSE H 3069 the local school districts do not have and complain, one person, about the You point out that we saved $3 for that kind of money. And in our State management of the feeding programs every dollar that we expend in WIC and they have been taking money from the for children and for WIC and for others. $10 for every dollar that we spend im- School Lunch Program to do other And I was wondering about the gentle- munizing a young child. That is just things with. That is why we have a Na- man’s experience when he was there. In the immediate medical cost. That does tional School Lunch Program, because other words, I am going through that not go to what you save in special edu- we knew that the politics was the most old adage, ‘‘If it isn’t broken, don’t fix cation and remedial education and all difficult at the local level and moneys it.’’ of these other problems that, unfortu- were diverted to other purposes. Mr. MILLER of California. The gen- nately, these children manifest many Mrs. SCHROEDER. Could I ask the tlewoman is quite correct. There has years later that have been separated gentleman another question? I think it been very few, if any, complaints about from the time of birth when people are is good to clear the airways that are the management of this program. The no longer concentrating on what hap- cluttered with a lot of noise. The other WIC program is essentially run at the pened, so that now Sally or Johnny has issue being the women, infants and local level. We simply reimburse the a problem in class or with attention children’s programs. And I know that States for the formula and for the food span or all of these other problems that we have worked very hard to get the that they provide for the pregnant occur today. best deal on formula we have ever seen. women and for the newborn infants. Mrs. SCHROEDER. If the gentleman And no one that I am aware of has been It is run by State WIC directors and would yield further, I guess I stand complaining that that program has local WIC people in the counties that here absolutely stunned by all of this been mismanaged or anything else. To come together for this purpose. And because my other committee, unlike now see it broken up and sent out to there is unanimity. People like the yours, is Armed Services. And we cer- 150 different States, when I believe and way the program is being run now. And tainly could not come to the floor and the gentleman from California knows that is why the Congress, even during say, ‘‘This has a been a model. This has about this, we have saved about a bil- the Reagan years and the Bush years, been marvelous. No one has come in lion dollars just in the contracting there has been a steady trend toward front of us and shown us any fraud.’’ with infant formula people. full participation, 100 percent partici- Mr. MILLER of California. The gen- pation in WIC, because both Repub- My word, it comes in by the ton over tlewoman is quite correct. What we licans and Democrats and Governors the transom every year in every Mem- found out, unfortunately, is that, this and Senators and Congresspeople and ber’s office. And no one is proposing to never ceases to amaze me, but we do local county health directors and medi- block grant the Pentagon. It is inter- have very upstanding members of our cal directors, they all like the say this esting, the systems that are having communities and corporate members of program is running. trouble, they are winking at and say- our community who are fully prepared Now, we are using the issue of a ing, ‘‘No, we have to given them more to rip off the taxpayers. block grant so we can slice the funding. money.’’ And what we found at one point was It is a ruse, it is camouflage to cover Mr. MILLER of California. It is not that a number of formula companies up what is actually going on. It is in- to block grant it. They make a big were charging very excessive rates for teresting in the Committee on Edu- point about they give in the nutrition the formula for the newborn infants in cation and Labor, the Republicans se- program 200 million more a year. But if this program, so we went to a program lected five witnesses. They selected the the money is insufficient to meet the of bidding and making them compete witnesses. I do not think we were al- demand of the children that are eligi- on a national basis for these contracts lowed to have a witness from the ble, the children who need this nutri- and it dramatically lowered the cost of Democratic side; maybe one. And all tion, then they are in fact cutting the the formula about a billion dollars. five witnesses said, ‘‘Leave the pro- program. And that was able to be plowed back gram alone. Leave it alone.’’ If I said to the people in our Commit- into extending the number of infants The only problems we have had in tee on the Armed Services: We will that can be served. this program is from time to time give you $500 million more a year every Interestingly enough, in the bill that when people from the private sector year for the next 5 years, they would we will be considering, although this have come in and ripped the program say that is absolutely unacceptable. We was a proposal by, I believe, the now off with stale meals and old meals, bad have contingencies we cannot foresee. chairman of the committee, the gen- food, mislabeled commodities, phony We do not know what is going to hap- tleman from Pennsylvania [Mr. GOOD- formula. Those kinds of problems; not pen. LING], that we tried to make sure that from the public sector but, from people Mrs. SCHROEDER. They are saying this bidding would continue and that from the private sector who are trying that it is threat-based. We must have it amendment was rejected in the com- to rip the program off and make ill- be threat-based. mittee. gotten gains at the expense of the chil- Mr. MILLER of California. We would So now we have the ability to see dren. like this to be family based and nutri- people negotiate contracts and, as I Mrs. SCHROEDER. And we have ag- tion based and health based for the said, unfortunately, one of the sad gressively gone after that. children of this country. things in our job from time to time is Mr. MILLER of California. And that Mrs. SCHROEDER. The gentleman is that we find out that there are profes- is minimal at this stage; 10 or 15 years correct. And I think it is so important sional people, well-educated people, ago it was a major problem, but be- to remember why we got into this. We and a lot of other people, who are fully cause of the changes that have been got into this for national security rea- prepared to rip the Federal Govern- made historically on a bipartisan basis sons and that is because during World ment off for their own narrow gains. with Senator DOLE and Congressman War II they found so many of the peo- And now the likelihood of that happen- GOODLING leading the Republican ef- ple that they drafted, when they came ing again is substantially increased forts, this bipartisan effort on agri- in for their physical, they were suffer- and the loss of these savings and the culture and on the education commit- ing from so many things from mal- loss of nutrition to the newborn infants tees had worked out so that we have a nutrition and decided that it was a and the babies. program now which is the model whole lot better to have some nutrition Mrs. SCHROEDER. Might I ask the throughout the world. programs and some feeding programs gentleman another question, because I The WIC Program is the model and, obviously, national standards. figure in a way maybe our dialog here throughout the world on how to deal The idea to me that we are going to can straighten out some of these with high-risk pregnancies and all of have 50 States having 50 different nu- things. There is so much the tragedies that can come from that. tritional standards makes me crazy. disinformation around. And going up front and providing a But I think all of these things started While I chaired the Committee on very strong prevention mode that has as a national security program. Maybe Children, Youth and Families, I do not worked beyond people’s wildest expec- what we ought to do is put it in the de- believe we ever had one person come in tations. fense budget. I do not know. H 3070 CONGRESSIONAL RECORD — HOUSE March 13, 1995 And then the other thing, and this I I honestly believe, and said this dur- change the outcome of this pregnancy. realize I should not ask anyone from ing the Midwest flood crisis, that we One hundred thousand women will not California. I realize you are in a dif- have got to develop another means of be served this fiscal year because of ficult position, but I think of our Na- this so that we do not reach out on an these cutbacks. And that is what I tion’s children as a national problem. ad hoc basis when we have these hor- mean by cutting the most vulnerable. And it seems to me that in the past rible, horrible disasters that this coun- But now let us move on to the next this is how we reflected it and they is try, given its geographic size, is never stage of the Republican plan. They why these have been in the budget. going to be immune from, no matter have already decided they are not And it seems that with these block what we do. going to make the maximum effort to grants we are saying, ‘‘Do not bring Mrs. SCHROEDER. I truly thank you prevent a birth defect from taking your problems anymore.’’ We will for being a statesman, because that is place or prevent a low-birth-weight throw money to the State and quickly what it is. If you are from California, it baby from being born or to prevent we will get bored with that problem is difficult to say what you just said. mental retardation or physical disabil- and it will be easy to cut entirely. Mr. MILLER of California. I just ities that occur for a whole host of rea- But another piece is we are saying talked to my wife this morning and the sons. They are not going to make that that disasters have become a national sandbags are out. We are about this far effort. problem, but not children. Part of the from—— But now what we find out is that reason that we are hearing that we Mrs. SCHROEDER. It is right at your they come back years later. And when have to cut these is because of disas- front door. But I think you are abso- we see low-income families, one of the ters. lutely correct, with the water at your facts about disabilities, mental disabil- Mr. MILLER of California. I think it front door, for which there would be a ities and physical disabilities and birth is very unfortunate that we see the sit- great temptation to say yes, the feds defects, is they know no socioeconomic uation where before the election, when should pay for this and cut any pro- bounds. we had the Northridge earthquake in gram that there is, you are pointing You can be living behind a gated California, again on a bipartisan basis, out if we put cut these feeding pro- community in a country club and you people believed that that was an na- grams, we are going to have a much can have the sadness of the visitation tional emergency and you should not bigger national disaster coming down of a birth defect come to your family. the road. And you can struggle with this child cut other program to pay for that. And it is not fair for the Governor to and to work out and to create a life for I happen to have a little different have it both ways. He can give back the child and a community within your view. I believe we should privatize the State taxes and then we are forced here family, and a family setting for that disaster system. We cannot have the to send our Federal taxes to him. child, or you can be the poorest person ‘‘Disaster of the Month’’ here draining Mr. MILLER of California. The word in town. It can happen. the Treasury. And I would have hoped ingrate comes to mind. But what we see now is that they are that we would have done that with this Mrs. SCHROEDER. It kind of comes going to take 225,000 children who are California aid bill. The gentleman from to mind. I again thank the gentleman. severely disabled, either mentally or Illinois, Congressman DURBIN, had a Mr. MILLER of California. I thank physically, and they are going to take proposal in to do that and then we the gentlewoman for joining me in them off of the Supplemental Security would have a rainy day fund and an these remarks and raising these points. Income Fund that was created to try earthquake fund or hurricane fund so The point is that when we look at the and help these most disabled children. that we would build that money up so rescission bill that we will vote on on And they are going to take these chil- that we could pay it out. Wednesday, the cuts come from low-in- dren off because they believe that But that was not done, so now as we come housing, from elderly housing, somehow some parents may be coach- are halfway through taking care of low-income energy assistance. We are ing their children to act like they are people who were devastated in the taking from the poorest people in this retarded, to act like they have learning earthquake, people who still cannot country to provide the disaster assist- disabilities, to act like they have men- enter their houses or businesses or the ance so we can provide a tax cut. It tal disabilities so they can get $400 a universities because of the earthquake just does not make sense and it does month. damage, all of a sudden we have de- not add up. It sounds like Mexico. It I am sure somewhere out there some cided it is no longer a national emer- sounds like those folks would not go place there are parents who do this. gency and it is going to have to be paid for it over there. But let us assume it is 10 percent. It is for and the way to pay for it is to cut Mrs. SCHROEDER. It is going to go 10 percent of the parents, so it is 25,000 summer jobs for children, to cut drug- for tax cuts for the richest and disaster children. That still leaves you with free schools and to cut the weatheriza- relief and it is going to create a huge 200,000 children who are medically cer- tion program to pay for the California disaster downstream. tified as severely disabled children. aid. Mr. MILLER of California. I thank They are off the rolls. This low-income And at the same time, the California the gentlewoman for joining me and, family now gets no fiscal help for the Governor wants to give the same again, for all of her involvement in taking care of this child. amount of money back to the tax- these issues. Assume it is 20 percent. You have payers of California for a tax cut. So I would just like to say now that it 175,000 children out there who come you are telling people in our State of has been pretty well established that from low-income families, because you Colorado, or New Mexico, or Maine, or the Republican budget cuts and the only get the 400 a month if you are Texas, you have to cut all of your pro- welfare reform are prepared to turn very poor. You must be among the grams to pay for the California aid, but their back on the issues of prevention poorest to get the maximum payment. the people in California are going to with respect to disabled children and You are off of the rolls. get a tax cut. I think that is a little preventing these pregnancies that are So if your child has cerebral palsy, hard to sell. high risk that we have identified. you are off of the rolls. If your child And I think that the Governor is We know before the fact, we know has other complications, such as the 6- doing a little bit of putting the pea that we can go out and change the year-old Jennifer Cox, who suffered under the walnut shell and seeing course of these pregnancies. But yet from a congenital bowel malformation whether or not Congress can follow it. somehow we are not going to dedicate requiring a colostomy, and eye prob- Apparently, the Republicans have lost those funds. And Wednesday we will be lems and lacks peripheral vision caus- the pea and they have decided they are voting to cut 100,000 women, pregnant ing her to run into the walls. going to go ahead and give them the women, pregnancies that are started. At 6, she is not yet toilet trained. money and he can give the tax cut and They do not know budget rescissions or But if you are the family trying to people all over the country will have balanced budgets or fiscal years. The take care of your child with all of these those programs cut. It doesn’t make pregnancies are launched, and yet we problems, we are going to say we are any sense. know if we can get there early, we can not going to help you anymore, even if March 13, 1995 CONGRESSIONAL RECORD — HOUSE H 3071 you are low income. Somehow, that is expensive. But the Government is not with cerebral palsy, and a very loving not going to happen, because we are going to help you anymore. family. going to provide for a tax cut. Respite care. The taking care of But in this day and age, to hold that Or Kendra Whalen who is 2 who suf- these children is a 24-hour-a-day job. family together economically is very fers from a very rare growth condition Husband and wife work it out together. difficult with both people working. And in which one arm is twice as long as They juggle their jobs. Most often what if you are low-income, it is almost im- the other arm which means it causes happens is one of them gives up income possible. So what do you do? You risk her to lose her balance, motor impair- so that they can take care of the child. losing your child. You risk having to ment, spinal curvature and has lost So you pay for respite care. give up your child, because you cannot lung volume because of this. Kendra is What is respite care? It is a chance to get the money so that you can give up off the rolls if this goes through. have the child taken care of for 5 some hours of work to stay home with And it goes on and on. To Mosha hours, 6 hours, 12 hours. Maybe a big that child. And so, therefore, you must Smith who is 10 months old, requires a thrill, overnight so you and your show that the child must be institu- shunt in the back of her head to drain spouse can spend the evening together. tionalized. Somehow that does not the cerebral spinal fluid from her brain That would be the big thrill. Twenty- seem to be fair. That does not seem to into her abdominal cavity. She suffers four hours of respite care. The Govern- be fair in terms of putting families into partial paralysis of the legs, bowel and ment helps you pay for that now. No that situation and I do not think it bladder and a condition that requires longer, when you have a severely dis- should be done. frequent catheterization. abled child. If there is some allegation of fraud, if The family is struggling to take care What about transportation? Addi- there is some belief that out there of these children in their family set- tional transportation if the child is an somewhere, some parent is coaching tings. They love these children. And older child? I mentioned adaptive their child, then why do we not make yet somehow what we are saying to clothing, the special laundry. The dia- it a crime? It is a fraud. Well, it is these families is the Government can- pers for a teenage child that is crime. Do what you want to do. not help you a little bit. uncontinent. You have to go through And the one random sampling of over And what is the help for? What is the that for all those years. 600 of these cases, I believe, in 13 cases, help for after the child has been medi- Adaptive toys. All of the repairs for no case did they find coaching. And in cally certified to suffer these disabil- 10 or 13 cases they thought maybe that the equipment that you have for your ities of retardation, of physical impair- potentially there could be some coach- child. That is what the $400 a month ments? A documentation that requires ing. And I think 10 kids were taken off, goes for and that is what is going to be the person from Social Security to talk but that comes nowhere near the whole cut off in the welfare reform bill for to child care providers; to talk to phy- population or 5 percent or 2 percent of these most severely disabled children. sicians; if they are school age, to talk this population. We cannot really be doing this in the to the school personnel; to talk to And that is why we have to ask name of humanity. We cannot be doing neighbors and playmates to make sure whether or not this is really where we this because it is good for the children. that this, in fact, this person is dis- want to cut the budget to these most We are simply doing this because the abled to the extent to which it has vulnerable families and these most vul- Republicans are on the march to round been represented. nerable children. We have had a history If you are so fortunate to get this up money so that they can provide a of commitment to these children. We help so you can keep your child home, tax cut, as we said, to some of the have had a history of commitment to so you can keep your child out of an in- wealthiest people and corporations in these children because we realized stitution, so you can provide your child this country. their situation. some semblance of a normal family life I am sure that each of those people We have recognized the stress, the and a normal childhood experience, be who earn over $100,000, $150,000, $200,000, pain, the financial burden that this they infant or school age, what are you if they knew where this money was places on a family. And we have said doing with this money that you are coming from would probably say, ‘‘Why we will try to help you where that help getting? do you not take care of the children? is necessary. And now we are saying we In some cases you are probably hav- Why do you not help out this family? are going to withdraw that kind of sup- ing the child’s clothing altered, so in- Why do you not help these families port. stead of buttons it can be velcro be- who are financially poor and now have I do not think that that is going to cause the child may not be able to but- to deal with the problems of a disabled go over well in this country. I do not ton their clothes. child in their family?’’ think that the people believe that that You may be paying utility bills be- I am sure that is what those people has a higher priority than a tax cut. I cause a child at home may be on a res- would say. But, apparently, the politi- think that they believe that that is one pirator for 24 hours a day. You may cians whose represent them cannot get of the missions of Government, to see have it to buy or rent a backup genera- that message that that kind of cut is that these families can stay together. tor, because you worry that the loss of not necessary. This is not a cut about To see that children are not taken electricity for the child who is on the fraud and abuse. This is a cut about away from their parents who love respirator. gathering up money that some people them, but are not able to care for them You worry about your ability for think that maybe families should not for the want of a couple of hundred dol- communication devices, so if some- have. lars a month. thing goes wrong you will be able to Now, you could get the money if you And finally, let me say this. That communicate to people. can show that but for that money, your should a family have to give up their What about all the telephone calls child would not have to be institu- child, and should a family be unable to you have to make? You are a low-in- tionalized. So if you have the threat of care for that child, and if because of come person with a severely disabled losing your child into an institution, those special circumstances that child child in your home. You are making away from your home, even though you becomes eligible for adoption, cutting phone calls to medical providers, phar- want to take care of it, even though it SSI makes the adoption of that child macists, to social services, to schools. may be less expensive, that is what you much more difficult. Because today, We are not going to help you out with would have to show. the adoptive families could get some fi- that. What about all the time and the ef- nancial help for taking a child with How about specially trained child fort and the money that these families special needs, reaching out to a child care? You are trying to work. You are put into these children already before with disabilities and saying, ‘‘We will low income and you are trying to work, they ever get to the Government for make this child a part of our family, but most child care centers will not help? We have had hearings after hear- but we don’t have the financial where- take these children. They are not ings on these children and these fami- withal.’’ So it is a better deal for the equipped or trained. And if you do find lies and what you see is a very loving Government. A child gets a loving fam- a place for your child, it is much more child, a Down’s syndrome child, a child ily. H 3072 CONGRESSIONAL RECORD — HOUSE March 13, 1995 But today, that assistance would be EXTENSION OF REMARKS the annual report regarding the accessibility standards issued, revised, amended, or re- cut off under this provision. So now a By unanimous consent, permission to family that wants to adopt this child pealed under the Architectural Barriers Act revise and extend remarks was granted of 1968, as amended, pursuant to 42 U.S.C. with special needs is denied the oppor- to: 4151; jointly, to the Committees on Transpor- tunity. The child is denied the oppor- (The following Members (at the re- tation and Infrastructure and Economic and tunity, so now the child is in foster quest of Mrs. SCHROEDER) and to in- Educational Opportunities. care. High-cost foster care, because fos- clude extraneous matter:) 531. A letter from the Secretary of Trans- ter care for children with special needs Mr. FRANK of Massachusetts. portation, transmitting a draft of proposed legislation to authorize appropriations for is very expensive, very difficult to Mr. HAMILTON. fiscal year 1996 for certain maritime pro- Mrs. MEEK of Florida. come by. grams of the Department of Transportation, So I want somebody to explain to me, (The following Member (at the re- and for other purposes; jointly, to the Com- when you get all done cutting the WIC quest of Mr. STEARNS) and to include mittees on Transportation and Infrastruc- program, the school lunch program, extraneous matter:) ture and National Security. and the SSI benefits for disabled chil- Mr. BURTON of Indiana. 532. A letter from the Secretary of Trans- dren, and the adoption benefits for dis- (The following Member (at the re- portation, transmitting a draft of proposed legislation to amend the guarantee fee provi- abled children, I want people to explain quest of Mr. MILLER of California) and to include extraneous matter:) sions of the Federal Ship Mortgage Insur- to me how the children are better off ance Program in the Merchant Marine Act, Mr. PALLONE. when the Contract With America is 1936, as amended; jointly, to the Committees done. f on Transportation and Infrastructure and The children of this Nation are the ADJOURNMENT National Security. first victims of the Contract With 533. A letter from the Secretary of Trans- Mr. MILLER of California. Mr. American. I guess these Republicans portation, transmitting a draft of proposed Speaker, I move that the House do now legislation to amend the Merchant Marine grew up hearing, ‘‘Women and children adjourn. Act, 1936, as amended, to revitalize the Unit- first.’’ They thought that meant to The motion was agreed to; accord- ed States-flag merchant marine, and for throw them out of the life boat. It ingly (at 3 o’clock and 16 minutes other purposes; jointly, to the Committees meant to put them in the life boat p.m.), under its previous order, the on Transportation and Infrastructure and National Security. first. It means to save the women and House adjourned until tomorrow, Tues- children. day, March 14, 1995, at 12:30 p.m. f And yet, what do we see? We see that f the contract now takes away prenatal REPORTS OF COMMITTEES ON care. It takes away health care for EXECUTIVE COMMUNICATIONS, PUBLIC BILLS AND RESOLUTIONS pregnancies because of nutritional ETC. Under clause 2 of rule XIII, reports of risks. It takes away the care for a new- Under clause 2 of rule XXIV, execu- committees were delivered to the Clerk born infant because of nutritional risk tive communications were taken from for printing and reference to the proper and brain development; those first the Speaker’s table and referred as fol- calendar, as follows: hours that are so important for the de- lows: Mr. CLINGER: Committee of Conference. velopment of that child. 524. A letter from the Secretary of Defense, Conference report on S. 1. An act to curb the And now we see later in life, when transmitting the annual report of the Re- practice of imposing unfunded Federal man- this family and child is in need of more serve Forces Policy Board for fiscal year dates on States and local governments; to 1994, pursuant to 10 U.S.C. 113(c)(3); to the strengthen the partnership between the Fed- help because of the birth defects that Committee on National Security. eral Government and State, local and tribal they suffered, because of the disabil- 525. A letter from the Director, Defense Se- governments; to end the imposition, in the ities that they suffered, once again the curity Assistance Agency, transmitting the absence of full consideration by Congress, of Federal Government is walking away. Department of the Air Force’s proposed lease Federal mandates on State, local, and tribal So, clearly, I guess the policy is of defense articles to Turkey (Transmittal governments without adequate funding, in a women and children first during the No. 13–95), pursuant to 22 U.S.C. 2796a(a); to manner that may displace other essential the Committee on International Relations. governmental priorities; and to ensure that contract; that they will be sacrificed 526. A letter from the Assistant Secretary the Federal Government pays the costs in- first in the contract’s period on Ameri- for Legislative Affairs, Department of State, curred by those governments in complying ca’s children and on America’s women. transmitting a Memorandum of Justification with certain requirements under Federal for Presidential Determination on drawdown statutes and regulations; and for other pur- f of Department of Defense commodities and poses (Rept. 104–76). Ordered to be printed. services to support the Palestinian police SPECIAL ORDERS GRANTED force to carry out its responsibilities, pursu- f ant to 22 U.S.C. 2348a; to the Committee on By unanimous consent, permission to International Relations. PUBLIC BILLS AND RESOLUTIONS address the House, following the legis- 527. A letter for the Assistant Legal Ad- Under clause 5 of rule X and clause 4 lative program and any special orders viser for Treaty Affairs, Department of of rule XXII, public bills and resolu- heretofore entered, was granted to: State, transmitting copies of international tions were introduced and severally re- (The following Members (at the re- agreements, other than treaties, entered into by the United States, pursuant to 1 U.S.C. ferred as follows: quest of Mrs. SCHROEDER) to revise and 112B(A); to the Committee on International By Mr. ARCHER (for himself, Mr. extend their remarks and include ex- Relations. GOODLING, and Mr. ROBERTS): traneous material:) 528. A letter from the Secretary of Veter- H.R. 1214. A bill to help children by reform- Ms. FURSE, for 5 minutes, today. ans Affairs, transmitting a draft of proposed ing the Nation’s welfare system to promote Mrs. SCHROEDER, for 5 minutes, legislation to amend title 38, United States work, marriage, and personal responsibility; today. Code, and other statutes, to extend VA’s au- to the Committee on Ways and Means, and in (The following Members (at the re- thority to operate various programs, collect addition to the Committee on Economic and copayments associated with provision of Educational Opportunities, Agriculture, quest of Mr. STEARNS) to revise and ex- medical benefits, and obtain reimbursement Commerce, the Judiciary, National Security, tend their remarks and include extra- from insurance companies for care furnished; and Government Reform and Oversight, for a neous material:) to the Committee on Veterans’ Affairs. period to be subsequently determined by the Mr. TALENT, for 5 minutes, on March 529. A letter from the Comptroller of the Speaker, in each case for consideration of 14. Currency, transmitting the annual report of such provisions as fall within the jurisdic- Mr. BRYANT of Tennessee, for 5 min- consumer complaints filed against national tion of the committee concerned. banks and the disposition of those com- By Mr. ARCHER: utes, on March 14. plaints; jointly, to the Committees on Bank- H.R. 1215. A bill to amend the Internal Rev- Mr. STEARNS, for 5 minutes, today. ing and Financial Services and Commerce. enue Code of 1986 to strengthen the Amer- Mr. ROHRABACHER, for 5 minutes, 530. A letter from the Administrator, Gen- ican family and create jobs; to the Commit- today. eral Services Administration, transmitting tee on Ways and Means. March 13, 1995 CONGRESSIONAL RECORD — HOUSE H 3073 By Mr. BLILEY: H.R. 1159 the Federal deficit: Provided, That such H.R. 1216. A bill to amend the Atomic En- OFFERED BY: MS. FURSE amount is designated by Congress as an ergy Act of 1954 to provide for the privatiza- emergency requirement pursuant to section AMENDMENT NO. 3: Page 12, after line 7, in- tion of the U.S. Enrichment Corporation; to 251(b)(2)(D)(i) of the Balanced Budget and sert the following: the Committee on Commerce. Emergency Deficit Control Act of 1985, as H.R. 1217. A bill to amend parts B and C of CHAPTER V amended. None of the savings derived from title XVIII of the Social Security Act to ex- DEPARTMENT OF DEFENSE, MILITARY the net budget authority reduced in this Act tend certain savings provisions under the RESEARCH, DEVELOPMENT, TEST AND shall be used as a budgetary offset for any Medicare Program, as incorporated in the EVALUATION subsequent legislation that reduces Federal budget submitted by the President for fiscal RESEARCH, DEVELOPMENT, TEST AND tax revenue’’.’’ year 1996; to the Committee on Commerce, EVALUATION, ARMY H.R. 1159 and in addition to the Committee on Ways (RESCISSION) OFFERED BY: MR. MURTHA and Means, for a period to be subsequently determined by the Speaker, in each case for Of the funds made available under this AMENDMENT NO. 8: Add the following Sec- consideration of such provisions as fall with- heading in Public Law 103–335, $486,600,000 is tion to the end of the bill: rescinded, to be derived from the Comanche in the jurisdiction of the committee con- ‘‘SAVINGS TO BE USED EXCLUSIVELY FOR helicopter. cerned. DEFICIT REDUCTION RESEARCH, DEVELOPMENT, TEST AND H.R. 1218. A bill to extend the authority of ‘‘SEC. 308. An amount equal to the net the Federal Communications Commission to EVALUATION, NAVY budget authority reduced in this Act is here- use competitive bidding in granting licenses (RESCISSION) by appropriated into the Deficit Reduction and permits; to the Committee on Com- Of the funds made available under this Fund established pursuant to Executive merce. heading in Public Law 103–335, $2,158,000,000 Order 12858 to be used exclusively to reduce By Mr. KASICH: is rescinded, to be derived from the following the Federal deficit: Provided, That such H.R. 1219. A bill to amend the Congres- programs in the specified amounts: amount is designated by Congress as an sional Budget Act of 1974 and the Balanced (1) F/A–18E/F fighter and attack aircraft emergency requirement pursuant to section Budget and Emergency Deficit Control Act program, $1,249,700,000. 251(b)(2)(D)(i) of the Balanced Budget and of 1985 to extend and reduce the discre- (2) New attack submarine program, Emergency Deficit Control Act of 1985, as tionary spending limits, and for other pur- $455,600,000. amended’’.’’ poses; to the Committee on the Budget, and (3) V–22 Osprey program, $452,700,000. H.R. 1159 in addition to the Committee on Rules, for a RESEARCH, DEVELOPMENT, TEST AND period to be subsequently determined by the OFFERED BY: MR. OBEY EVALUATION, AIR FORCE Speaker, in each case for consideration of AMENDMENT NO. 9: (RESCISSION) such provisions as fall within the jurisdic- ‘‘SEC. 308. PRESERVATION OF SCHOOL LUNCH tion of the committee concerned. Of the funds made available under this AND FAMILY NUTRITION PROGRAMS By Mr. LATHAM: heading in Public Law 103–335, $2,941,500,000 BY DELAYING DEPLOYMENT OF F–22 H.R. 1220. A bill to establish a temporary is rescinded, to be derived from the following AIRCRAFT. moratorium on the delineation of new wet- programs in the specified amounts: (INCLUDING RESCISSION) lands until enactment of a law that is the (1) F–22 fighter aircraft program, ‘‘(a) F–22 BUDGET SAVINGS AND REPLENISH- successor to the Food, Agriculture, Con- $2,325,300,000. MENT OF NUTRITION PROGRAMS.—The Sec- servation, and Trade Act of 1990, and for (2) Milstar communications satellite pro- retary of Defense shall defer the initial oper- other purposes; to the Committee on Agri- gram, $616,200,000. ational capability of the F–22 aircraft by 5 culture, and in addition to the Committee on RESEARCH, DEVELOPMENT, TEST AND years in a manner consistent with rec- Transportation and Infrastructure, for a pe- EVALUATION, DEFENSE-WIDE ommendations of the General Accounting Of- riod to be subsequently determined by the (RESCISSION) fice and shall adjust the currently planned Speaker, in each case for consideration of production schedule accordingly. Of the funds made available under this such provisions as fall within the jurisdic- ‘‘Of the funds available under ‘Research, heading in Public Law 103–335, $2,467,600,000 tion of the committee concerned. Development, Test, and Evaluation, Air is rescinded, to be derived from the ballistic Force’ in Public Law 103–335 for develop- f missile defense program. ment, test, and evaluation of the F–22 air- ADDITIONAL SPONSORS H.R. 1159 craft, $225,000,000 are rescinded. For addi- OFFERED BY: MS. FURSE tional payments to States above the Under clause 4 of rule XXII, sponsors AMENDMENT NO. 4: Page 12, after line 7, in- amounts to which they are entitled for fiscal were added to public bills and resolu- sert the following: year 1996 under the School Lunch Program tions as follows: CHAPTER V (42 USC 1751 et seq.), the School Breakfast H.R. 29: Mr. BAKER of Louisiana. Program (42 USC 1773), the Meal Supple- DEPARTMENT OF DEFENSE, MILITARY H.R. 117: Mr. HEINEMAN and Mr. WELLER. ments for Children in Afterschool Care Pro- PROCUREMENT H.R. 230: Mr. LIVINGSTON. gram (42 USC 1766a), the Special Milk Pro- H.R. 612: Mr. LIPINSKI. PROCUREMENT, DEFENSE-WIDE gram (42 USC 1772), the Summer Food Serv- H.R. 678: Mr. BURTON of Indiana. (RESCISSION) ice Program (42 USC 1761), the Child and H.R. 682: Mr. WELLER. Of the funds made available under this Adult Care Food Program (42 USC 1766), the H.R. 860: Mr. PACKARD. heading in Public Law 103–335, $1 is re- Homeless Children Nutrition Program (42 H.R. 902: Mr. MCCRERY and Mr. FATTAH. scinded. USC 1766b), and the Nutrition Education H.R. 922: Mr. SERRANO and Mr. HILLIARD. Grant Program (42 USC 1787), in accordance H.R. 1159 H.R. 969: Mr. YATES, Mr. LAFALCE, Mr. LI- with the terms and conditions for such pro- PINSKI, Mr. BRYANT of Texas, Mr. VISCLOSKY, OFFERED BY: MRS. LOWEY grams that exist in law as of the date of en- Mr. EVANS, Mr. SERRANO, Mr. WYDEN, and AMENDMENT NO. 5: Page 14, line 11, strike actment of this Act, $200,000,000, to be avail- Mr. SANDERS. ‘‘: Provided, That’’ and all that follows able as of October 1, 1995 and to remain H.R. 1145: Mr. STUPAK and Mr. BERMAN. through ‘‘term’’ on line 16. available until September 30, 1996: Provided, H.J. Res. 61: Mr. BUNN of Oregon. H.R. 1159 That the Secretary of Agriculture shall H.J. Res. 70: Mr. SCOTT, Mr. TUCKER, Ms. make available these supplementary funds OFFERED BY: MRS. MORELLA JACKSON-LEE, Ms. WATERS, Mr. FRANKS of to the States in a manner that best replen- Connecticut, Mr. FLAKE, Mrs. CLAYTON, Mr. AMENDMENT NO. 6: Page 8, line 24, strike ishes any funding gap a State may experi- WATTS of Oklahoma, Ms. LOFGREN, Mr. BRY- ‘‘$19,500,000’’ and insert ‘‘$9,500,000’’. ence between what is currently authorized to ANT of Tennessee, and Mr. FATTAH. Page 9, line 11, strike ‘‘$20,000,000’’ and in- be available for each program as of the date H. Con. Res. 12: Mr. NEY and Mr. CRAPO. sert ‘‘$30,000,000’’. of enactment of this Act and what is author- H.R. 1159 ized to be available for these activities on f OFFERED BY: MR. MURTHA October 1, 1995. For an additional amount for ‘Special Supplemental Food Program For AMENDMENTS AMENDMENT NO. 7: Add the following Sec- Women, Infants, And Children (WIC)’, tion to the end of the bill: Under clause 6 of rule XXIII, pro- $25,000,000 to remain available until Septem- posed amendments were submitted as ‘‘SAVINGS TO BE USED EXCLUSIVELY FOR ber 30, 1996. follows: DEFICIT REDUCTION ‘‘(b) ESTABLISHMENT OF SCHOOL LUNCH AND ‘‘SEC. 308. An amount equal to the net FAMILY NUTRITION PRESERVATION FUND.— H.R. 1159 budget authority reduced in this Act is here- There is hereby created in the Treasury of OFFERED BY: MR. CLAY by appropriated into the Deficit Reduction the United States a fund to be known as the AMENDMENT NO. 2: Page 12, strike lines 10 Fund established pursuant to Executive ‘School Lunch and Family Nutrition Preser- through 15. Order 12858 to be used exclusively to reduce vation Fund’. The total capitalization of the H 3074 CONGRESSIONAL RECORD — HOUSE March 13, 1995 Fund shall be not greater than $7,000,000,000, H.R. 1159 arising from the consequences of Operations to be derived from the annual appropriations OFFERED BY: MR. YATES Able Manner, Able Vigil, Restore Democ- authorized to be made to the Fund beginning racy, and Support Democracy, $28,197,000, to AMENDMENT NO. 13: Strike section 307 (page in fiscal year 1996 through fiscal year 2000. 14, line 17 and all that follows through line 24 remain available until September 30, 1995: Such appropriations shall be based on on page 27). Provided, That such amount is designated by amounts determined to be saved from ex- Congress as an emergency requirement pur- tending the deployment date of the F–22 H.R. 1159 suant to section 251(b)(2)(D)(i) of the Bal- fighter aircraft as specified in this Act com- OFFERED BY: MR. YATES anced Budget and Emergency Deficit Control pared to the FY 1996 budget plan submitted AMENDMENT NO. 14: Strike section 307 (page Act of 1985, as amended. by the President. The Secretary of Agri- 14, line 17 and all that follows through line 24 TITLE II—RESCISSIONS culture is authorized to provide grants to on page 27), and insert the following new sec- CHAPTER I States (or to make amounts available to the tion: DEPARTMENT OF AGRICULTURE, RURAL Secretary of Defense as the case may be) PROHIBITION ON BELOW-COST TIMBER SALES from amounts available in the Fund for the DEVELOPMENT, FOOD AND DRUG AD- SEC. 307. After the date of the enactment of purpose of carrying out nutrition programs MINISTRATION, AND RELATED AGEN- this Act, none of the funds appropriated authorized by the Child Nutrition Act of 1966 CIES under Public Law 103–138 or 103–332 may be and the National School Lunch Act as the DEPARTMENT OF AGRICULTURE expended by the Bureau of Land Manage- programs exist (and under the same terms ment or the Forest Service to offer timber OFFICE OF THE SECRETARY and conditions) on the date of enactment of for sale at below cost. For the purposes of this Act. To the maximum extent feasible, (RESCISSION) this section, timber is offered for sale at the Secretary shall make grants in a manner Of the funds made available under this below cost if the estimated— that best replenishes any funding gap a re- heading in Public Law 103–330, $31,000 is re- (1) costs to be incurred by the Bureau of cipient may experience between what is cur- scinded: Provided, That none of the funds Land Management or the Forest Service re- rently authorized to be available in each fis- made available to the Department of Agri- lating to preparing and offering such timber cal year for each program on the date of en- culture may be used to carry out activities for sale, reforestation after such sale, and actment of the Act and estimates of what is under 7 U.S.C. 2257 without prior notification purchaser road credits allocable to such sale, authorized to be available for these activi- to the Committees on Appropriations. are greater than ties at the beginning of each fiscal year’’.’’ (2) receipts from such sale (excluding those DEPARTMENTAL ADMINISTRATION H.R. 1159 receipts to be paid to States for schools and (RESCISSION) roads). Of the funds made available under this OFFERED BY: MR. OBEY H.R. 1158 heading in Public Law 103–330, $2,500,000 is re- AMENDMENT NO. 10: OFFERED BY: MR. ANDREWS scinded. ‘‘SEC. 308. REPLENISHMENT OF SCHOOL LUNCH AMENDMENT NO. 6: Page 4, line 25—Strike AGRICULTURE BUILDINGS AND FACILITIES AND AND FAMILY NUTRITION PROGRAMS. ‘‘$12,678,000’’ and insert ‘‘$100,000,000’’ RENTAL PAYMENTS (INCLUDING RESCISSION) Page 6 strike line 17 and all that follows (RESCISSION) ‘‘Of the funds available under ‘‘Research, through line 22. Of the funds made available under this Development, Test, and Evaluation, Air H.R. 1158 heading in Public Law 103–330, $8,000,000 is re- Force’’ in Public Law 103–335 for develop- OFFERED BY: MR. ANDREWS scinded. ment, test, and evaluation of the F–22 air- AMENDMENT NO. 7: Page 16, Line 23—strike OFFICE OF COMMUNICATIONS craft, $225,000,000 are rescinded. For addi- ‘‘$14,390,000’’ and insert $33,190,000’’ (RESCISSION) tional payments to States above the Page 17, line 16—strike ‘‘Urban Park and amounts to which they are entitled for fiscal Of the funds made available under this Recreation Fund’’ and all that follows heading in Public Law 103–330, $700,000 is re- year 1996 under the School Lunch Program through ‘‘rescinded.’’ (42 USC 1751 et seq.), the School Breakfast scinded. H.R. 1158 Program (42 USC 1773), the Meal Supple- ECONOMIC RESEARCH SERVICE OFFERED BY: MR. ANDREWS ments for Children in Afterschool Care Pro- (RESCISSION) AMENDMENT NO. 8: Strike all after the en- gram (42 USC 1766a), the Special Milk Pro- Of the funds made available under this acting clause and insert the following: gram (42 USC 1772), the Summer Food Serv- heading in Public Law 103–330, $3,600,000 is re- ice Program (42 USC 1761), the Child and That the following sums are appropriated, scinded. Adult Care Food Program (42 USC 1766), the out of any money in the Treasury not other- NATIONAL AGRICULTURAL STATISTICS SERVICE Homeless Children Nutrition Program (42 wise appropriated, to provide emergency sup- USC 1766b), and the Nutrition Education plemental appropriations for additional dis- (RESCISSION) Grant Program (42 USC 1787), in accordance aster assistance and making rescissions for Of the funds made available under this with the terms and conditions for such pro- the fiscal year ending September 30, 1995, and heading in Public Law 103–330, $5,300,000 is re- grams that exist in law as of the date of en- for other purposes, namely: scinded. actment of this Act, $200,000,000, to be avail- TITLE I—EMERGENCY SUPPLEMENTAL ALTERNATIVE AGRICULTURAL RESEARCH AND able as of October 1, 1995 and to remain APPROPRIATIONS COMMERCIALIZATION available until September 30, 1996. Provided, That the Secretary of Agriculture shall CHAPTER I (RESCISSION) make available these supplementary funds DEPARTMENTS OF VETERANS AFFAIRS Of the funds made available under this to the States in a manner that best replen- AND HOUSING AND URBAN DEVELOP- heading in Public Law 103–330, $3,000,000 is re- ishes any funding gap a State may experi- MENT, AND INDEPENDENT AGENCIES scinded. ence between what is currently authorized to FEDERAL EMERGENCY MANAGEMENT AGENCY AGRICULTURAL RESEARCH SERVICE be available for each program as of the date DISASTER RELIEF BUILDINGS AND FACILITIES of enactment of the Act and what is author- For an additional amount for ‘‘Disaster (RESCISSION) ized to be available for these activities on Relief’’ for necessary expenses in carrying Of the funds made available under this October 1, 1995. For an additional amount for out the functions of the Robert T. Stafford heading in Public Law 103–330 and other ‘‘Special Supplemental Food Program For Disaster Relief and Emergency Assistance Acts, $100,000,000 is rescinded. Women, Infants, And Children (WIC)’’, Act (42 U.S.C. 5121 et seq.), $860,000,000, to re- $25,000,000, to remain available until Septem- main available until expended: Provided, COOPERATIVE STATE RESEARCH SERVICE ber 30, 1996’’.’’ That such amount is designated by Congress (RESCISSION) H.R. 1159 as an emergency requirement pursuant to Of the funds made available under this section 251(b)(2)(D)(i) of the Balanced Budget heading in Public Law 103–330, $1,051,000 is re- OFFERED BY: MR. VENTO and Emergency Deficit Control Act of 1985, scinded, including $524,000 for contracts and AMENDMENT NO. 11: Page 22, beginning line as amended. grants for agricultural research under the 5, strike ‘‘shall not be precluded because’’ CHAPTER II Act of August 4, 1965, as amended (7 U.S.C. and insert ‘‘shall be precluded if’’. DEPARTMENT OF TRANSPORTATION 450i(c)); and $527,000 for necessary expenses of H.R. 1159 AND RELATED AGENCIES Cooperative State Research Service activi- DEPARTMENT OF TRANSPORTATION ties: Provided, That the amount of OFFERED BY: MR. VENTO ‘‘$9,917,000’’ available under this heading in COAST GUARD AMENDMENT NO. 12: Strike section 307 (page Public Law 103–330 (108 Stat. 2441) for a pro- 14, line 17 and all that follows through line 24 OPERATING EXPENSES gram of capacity building grants to colleges on page 27), relating to the emergency sal- For an additional amount for ‘‘Operating eligible to receive funds under the Act of Au- vage timber sale program. expenses’’, to cover the incremental costs gust 30, 1890, is amended to read ‘‘$9,207,000’’. March 13, 1995 CONGRESSIONAL RECORD — HOUSE H 3075

BUILDINGS AND FACILITIES OFFICE OF JUSTICE PROGRAMS UNITED STATES TRAVEL AND TOURISM (RESCISSION) DRUG COURTS ADMINISTRATION Of the funds made available under this (RESCISSION) SALARIES AND EXPENSES heading in Public Law 103–330 and other Of the funds made available under this (RESCISSION) Acts, $20,994,000 is rescinded. heading in title VIII of Public Law 103–317, Of the funds made available under this AGRICULTURAL MARKETING SERVICE $27,750,000 is rescinded. heading in Public Law 103–317, $1,100,000 is re- (RESCISSION) OUNCE OF PREVENTION COUNCIL scinded. Of the funds made available under this (TRANSFER OF FUNDS) TECHNOLOGY ADMINISTRATION heading in Public Law 103–330, $5,750,000 is re- Under this heading in Public Law 103–317, UNDER SECRETARY FOR TECHNOLOGY/OFFICE scinded. after the word ‘‘grants’’, insert the follow- OF TECHNOLOGY POLICY RURAL DEVELOPMENT ADMINISTRATION AND ing: ‘‘and administrative expenses’’. After SALARIES AND EXPENSES the word ‘‘expended’’, insert the following: ‘‘: FARMERS HOME ADMINISTRATION (RESCISSION) Provided, That the Council is authorized to LOCAL TECHNICAL ASSISTANCE AND PLANNING accept, hold, administer, and use gifts, both Of the funds made available under this GRANTS real and personal, for the purpose of aiding heading in Public Law 103–317, $3,300,000 is re- (RESCISSION) or facilitating the work of the Council’’. scinded. Of the funds made available under this STATE JUSTICE INSTITUTE NATIONAL TECHNICAL INFORMATION SERVICE heading in Public Law 103–330, $1,750,000 is re- SALARIES AND EXPENSES NTIS REVOLVING FUND scinded. (RESCISSION) (RESCISSION) ALCOHOL FUELS CREDIT GUARANTEE PROGRAM Of the funds made available under this Of the funds made available under this ACCOUNT heading in Public Law 103–317, $1,000,000 is re- heading in Public Law 103–317, $4,000,000 is re- (RESCISSION) scinded. scinded. Of the funds made available under this DEPARTMENT OF COMMERCE NATIONAL TELECOMMUNICATIONS AND heading in Public Law 102–341, $9,000,000 is re- INFORMATION ADMINISTRATION NATIONAL INSTITUTE OF STANDARDS AND scinded. TECHNOLOGY PUBLIC BROADCASTING FACILITIES, PLANNING RURAL ELECTRIFICATION ADMINISTRATION AND CONSTRUCTION SCIENTIFIC AND TECHNICAL RESEARCH AND RURAL ELECTRIFICATION AND TELEPHONE SERVICES (RESCISSION) LOANS PROGRAM ACCOUNT (RESCISSION) Of the funds made available under this (RESCISSION) Of the funds made available under this heading in Public Law 103–317, $18,000,000 is Of the funds made available under this heading in Public Law 103–317, $16,000,000 is rescinded. heading in Public Law 103–330, $3,000,000 for rescinded. INFORMATION INFRASTRUCTURE GRANTS the cost of 5 percent rural telephone loans is INDUSTRIAL TECHNOLOGY SERVICES (RESCISSION) rescinded. (RESCISSION) Of the funds made available under this FOREIGN AGRICULTURAL SERVICE AND Of the funds made available under this heading in Public Laws 103–317, $30,000,000 is GENERAL SALES MANAGER heading in Public Law 103–317, $35,100,000 is rescinded. (RESCISSION) rescinded. ECONOMIC DEVELOPMENT ADMINISTRATION Of the funds made available under this CONSTRUCTION OF RESEARCH FACILITIES ECONOMIC DEVELOPMENT ASSISTANCE heading in Public Law 103–330, $9,500,000 is re- (RESCISSION) PROGRAMS scinded. Of the funds made available under this (RESCISSION) PUBLIC LAW 480 PROGRAM ACCOUNTS heading in Public Law 103–317, $9,000,000 is re- Of the funds made available under this (RESCISSION) scinded. heading in Public Laws 103–75 and 102–368, Of the funds made available under this NATIONAL OCEANIC AND ATMOSPHERIC $37,584,000 is rescinded. heading in Public Law 103–330, $6,100,000 is re- ADMINISTRATION In addition, of the funds made available under this heading in Public Laws 99–500 and scinded from the amount provided for Public OPERATIONS, RESEARCH, AND FACILITIES Law 480 title I credit and $92,500,000 is re- 99–591, $7,500,000 for the Fort Worth Stock- (RESCISSION) scinded from the amount provided for com- yards Project is rescinded. modities supplied in connection with disposi- Of the funds made available under this THE JUDICIARY heading in Public Law 103–317, $37,000,000 is tions abroad pursuant to title III. COURTS OF APPEALS, DISTRICT COURTS, AND rescinded. DEPARTMENT OF HEALTH AND HUMAN OTHER JUDICIAL SERVICES CONSTRUCTION SERVICES DEFENDER SERVICES (RESCISSION) FOOD AND DRUG ADMINISTRATION (RESCISSION) Of the funds made available under this SALARIES AND EXPENSES Of the funds made available under this heading in Public Law 103–317, $6,200,000 is re- heading in Public Law 103–317, $1,100,000 is re- (RESCISSION) scinded. scinded. Of the funds made available under this GENERAL ADMINISTRATION heading in Public Law 103–330, $40,000,000 is RELATED AGENCIES SALARIES AND EXPENSES rescinded. SMALL BUSINESS ADMINISTRATION (RESCISSION) CHAPTER II SALARIES AND EXPENSES Of the funds made available under this DEPARTMENTS OF COMMERCE, JUSTICE, heading in Public Law 103–317, $4,460,000 is re- (RESCISSION) AND STATE, THE JUDICIARY, AND RE- scinded. Of the funds made available under this LATED AGENCIES BUREAU OF THE CENSUS heading in Public Law 103–317, $33,000,000 is DEPARTMENT OF JUSTICE rescinded: Provided, That no funds in that SALARIES AND EXPENSES GENERAL ADMINISTRATION Public Law shall be available to implement (RESCISSION) section 24 of the Small Business Act, as SALARIES AND EXPENSES Of the funds made available under this amended. (RESCISSION) heading in Public Law 103–317, $17,300,000 is LEGAL SERVICES CORPORATION rescinded. Of the funds made available under this PAYMENT TO THE LEGAL SERVICES heading in Public Law 103–317, $7,000,000 is re- ECONOMIC AND STATISTICAL ANALYSIS CORPORATION scinded. SALARIES AND EXPENSES (RESCISSION) WORKING CAPITAL FUND (RESCISSION) Of the funds made available under this (RESCISSION) Of the funds made available under this heading in Public Law 103–317 and prior ap- Of the unobligated balances in the Working heading in Public Law 103–317, $3,000,000 is re- propriations Acts, $5,849,000 is rescinded, of Capital Fund, $1,500,000 is rescinded. scinded. which $33,000 are from funds made available IMMIGRATION AND NATURALIZATION SERVICE INTERNATIONAL TRADE ADMINISTRATION for law school clinics; $31,000 are from funds made available for supplemental field pro- SALARIES AND EXPENSES OPERATIONS AND ADMINISTRATION grams; $75,000 are from funds made available (RESCISSION) (RESCISSION) for regional training centers; $1,189,000 are Of the funds made available under this Of the funds made available under this from funds made available for national sup- heading in Public Law 103–317, $1,000,000 is re- heading in Public Law 103–317, $18,000,000 is port; $1,021,000 are from funds made available scinded. rescinded. for State support; $685,000 are from funds H 3076 CONGRESSIONAL RECORD — HOUSE March 13, 1995 made available for client initiatives; $44,000 priation Acts for prior fiscal years, MILITARY ASSISTANCE are from funds made available for the Clear- $770,235,000 is rescinded. FUNDS APPROPRIATED TO THE PRESIDENT inghouse; $4,000 are from funds made avail- GENERAL SCIENCE AND RESEARCH ACTIVITIES able for computer assisted legal research re- (RESCISSION) PEACEKEEPING OPERATIONS gional centers; and $1,572,000 are from funds Of the funds made available under this made available for Corporation management (RESCISSION) and administration. heading in Public Law 103–316, $86,265,000 is rescinded. Of the unobligated or unexpended balances DEPARTMENT OF STATE ATOMIC ENERGY DEFENSE ACTIVITIES of funds available under this heading from ADMINISTRATION OF FOREIGN AFFAIRS funds provided in Public Law 103–306, DEFENSE ENVIRONMENTAL RESTORATION AND DIPLOMATIC AND CONSULAR PROGRAMS $4,500,000 is rescinded. WASTE MANAGEMENT (RESCISSION) (RESCISSION) EXPORT ASSISTANCE Of the funds made available under this Of the amounts made available under this EXPORT-IMPORT BANK OF THE UNITED STATES heading in Public Law 103–317, $130,000,000 is heading in Public Law 103–316 and prior rescinded. years’ Energy and Water Development Acts, SUBSIDY APPROPRIATION SALARIES AND EXPENSES $28,000,000 is rescinded. (RESCISSION) DEPARTMENTAL ADMINISTRATION (RESCISSION) Of the funds made available under this (RESCISSION) Of the funds made available under this heading in Public Law 103–317, $22,200,000 is Of the funds made available under this heading in Public Law 103–87 and Public Law rescinded. heading in Public Law 103–316, $34,000,000 is 103–306, $400,000,000 is rescinded. ACQUISITION AND MAINTENANCE OF BUILDINGS rescinded. ABROAD ADMINISTRATIVE EXPENSES POWER MARKETING ADMINISTRATIONS (RESCISSION) OPERATION AND MAINTENANCE, ALASKA POWER (RESCISSION) Of the funds made available under this ADMINISTRATION Of the funds made available under this heading in Public Law 103–317, $36,700,000 is (RESCISSION) heading in Public Law 103–306, $39,200,000 is rescinded. Of the funds made available under this rescinded. RELATED AGENCIES heading in Public Law 103–316, $2,000,000 is re- FUNDS APPROPRIATED TO THE PRESIDENT BOARD FOR INTERNATIONAL BROADCASTING scinded. ISRAEL RELAY STATION OPERATION AND MAINTENANCE, SOUTHEASTERN TRADE AND DEVELOPMENT AGENCY (RESCISSION) POWER ADMINISTRATION (RESCISSION) From unobligated balances available under (RESCISSION) Of the funds made available under this this heading, $2,000,000 is rescinded. Of the funds made available under this heading in Public Law 103–306, $4,500,000 is re- INTERNATIONAL TRADE COMMISSION heading in Public Law 103–316, $13,000,000 is scinded. SALARIES AND EXPENSES rescinded. (RESCISSION) OPERATION AND MAINTENANCE, CHAPTER V Of the funds made available under this SOUTHWESTERN POWER ADMINISTRATION DEPARTMENT OF INTERIOR AND heading in Public Law 103–317, $2,700,000 is re- (RESCISSION) RELATED AGENCIES scinded. Of the funds made available under this CHAPTER III heading in Public Law 103–316, $9,000,000 is re- DEPARTMENT OF THE INTERIOR ENERGY AND WATER DEVELOPMENT scinded. BUREAU OF LAND MANAGEMENT DEPARTMENT OF DEFENSE—CIVIL CONSTRUCTION, REHABILITATION, OPERATION DEPARTMENT OF THE ARMY AND MAINTENANCE, WESTERN AREA POWER MANAGEMENT OF LANDS AND RESOURCES ADMINISTRATION CORPS OF ENGINEERS—CIVIL (RESCISSION) (RESCISSION) GENERAL INVESTIGATIONS Of the funds available under this heading (RESCISSION) Of the funds made available under this heading in Public Law 103–316, $43,000,000 is in Public Law 103–332, $37,370,000 is rescinded, Of the funds made available under this rescinded. of which $70,000 is to be derived from heading in Public Law 103–316 and prior INDEPENDENT AGENCIES amounts available for developing and finaliz- years’ Energy and Water Development Ap- ing the Roswell Resource Management Plan/ propriations Act, $10,000,000 is rescinded. APPALACHIAN REGIONAL COMMISSION Environmental Impact Statement and the (RESCISSION) CONSTRUCTION, GENERAL Carlsbad Resource Management Plan (RESCISSION) Of the funds made available under this Amendment/Environmental Impact State- Of the funds made available under this heading in Public Law 103–316, $109,000,000 is ment: Provided, That none of the funds made rescinded. heading in Public Law 103–316 and prior available in such Act or any other appropria- years’ Energy and Water Development Ap- TENNESSEE VALLEY AUTHORITY tions Act may be used for finalizing or im- propriations Acts, $40,000,000 is rescinded. TENNESSEE VALLEY AUTHORITY FUND plementing either such plan. OPERATION AND MAINTENANCE, GENERAL (RESCISSION) CONSTRUCTION AND ACCESS (RESCISSION) Of the funds made available under this Of the funds made available under this heading in Public Law 103–316, $70,000,000 is (RESCISSION) rescinded. heading in Public Law 103–316, $100,000,000 is Of the funds available under this heading rescinded. CHAPTER IV in Public Law 103–332, Public Law 103–138, REGULATORY PROGRAM FOREIGN OPERATIONS, EXPORT and Public Law 102–381, $4,500,000 is re- (RESCISSION) FINANCING, AND RELATED PROGRAMS scinded. Of the funds made available under this MULTILATERAL ECONOMIC ASSISTANCE heading in Public Law 103–316, $5,000,000 is re- FUNDS APPROPRIATED TO THE PRESIDENT PAYMENTS IN LIEU OF TAXES scinded. INTERNATIONAL ORGANIZATIONS AND (RESCISSION) PROGRAMS DEPARTMENT OF THE INTERIOR Of the funds available under this heading BUREAU OF RECLAMATION (RESCISSION) in Public Law 103–332, $5,000,000 is rescinded. CONSTRUCTION PROGRAM Of the funds made available under this (RESCISSION) heading in Public Law 103–306, $25,000,000 is LAND ACQUISITION rescinded. Of the funds made available under this (RESCISSION) BILATERAL ECONOMIC ASSISTANCE heading in Public Law 103–316, $18,000,000 is Of the funds available under this heading rescinded. FUNDS APPROPRIATED TO THE PRESIDENT in Public Law 102–381, Public Law 101–121, OPERATION AND MAINTENANCE AGENCY FOR INTERNATIONAL DEVELOPMENT and Public Law 100–446, $1,997,000 is re- (RESCISSION) DEVELOPMENT ASSISTANCE FUND scinded. Of the funds made available under this (RESCISSION) heading in Public Law 103–316, $18,000,000 is Of the funds made available under this OREGON AND CALIFORNIA GRANT LANDS rescinded. heading in Public Law 103–306, $45,500,000 is (RESCISSION) DEPARTMENT OF ENERGY rescinded. Of the funds made available under this ENERGY SUPPLY, RESEARCH AND POPULATION, DEVELOPMENT ASSISTANCE heading in Public Law 103–332, $6,000,000 is re- DEVELOPMENT ACTIVITIES (RESCISSION) scinded. (RESCISSION) Of the funds made available under this Of the funds made available under this heading in Public Law 103–306, $9,000,000 is re- heading in Public Law 103–316 and in appro- scinded. March 13, 1995 CONGRESSIONAL RECORD — HOUSE H 3077

RANGE IMPROVEMENTS CONSTRUCTION CONSTRUCTION (RESCISSION) (RESCISSION) (RESCISSION) Of the funds made available under this Of the funds available under this heading Of the funds available under this heading heading in Public Law 103–332, $600,000 is re- in Public Law 103–332, $10,309,000 is rescinded. in Public Law 102–154, Public Law 102–381, scinded. TERRITORIAL AND INTERNATIONAL AFFAIRS Public Law 103–138, and Public Law 103–332, UNITED STATES FISH AND WILDLIFE SERVICE ADMINISTRATION OF TERRITORIES $31,012,000 is rescinded. RESOURCE MANAGEMENT (RESCISSION) NATIONAL GALLERY OF ART (RESCISSION) Of the funds available under this heading Of the funds available under this heading in Public Law 103–332, $6,438,000 is rescinded. REPAIR, RESTORATION AND RENOVATION OF BUILDINGS in Public Law 103–332, $2,000,000 is rescinded. TRUST TERRITORY OF THE PACIFIC ISLANDS CONSTRUCTION (RESCISSION) (RESCISSION) (RESCISSION) Of the funds available under this heading Of the funds available under this heading Of the funds available under this heading in Public Law 99–591, $32,139,000 is rescinded. in Public Law 103–332, $407,000 is rescinded. or the heading Construction and Anad- DEPARTMENTAL OFFICES JOHN F. KENNEDY CENTER FOR THE romous Fish in Public Law 103–332, Public OFFICE OF THE SECRETARY PERFORMING ARTS Law 103–138, Public Law 103–75, Public Law SALARIES AND EXPENSES 102–381, Public Law 102–154, Public Law 102– CONSTRUCTION 368, Public Law 101–512, Public Law 101–121, (RESCISSION) Public Law 100–446, and Public Law 100–202, Of the funds made available under this (RESCISSION) $33,190,000 is rescinded. heading in Public Law 103–332, $3,000,000 is re- Of the funds available under this heading scinded. LAND ACQUISITION in Public Law 103–332, $3,000,000 is rescinded. DEPARTMENT OF AGRICULTURE (RESCISSION) WOODROW WILSON INTERNATIONAL CENTER FOR FOREST SERVICE Of the funds available under this heading SCHOLARS FOREST RESEARCH in Public Law 103–332, Public Law 103–138, SALARIES AND EXPENSES Public Law 102–381, and Public Law 101–512, (RESCISSION) $10,345,000 is rescinded. Of the funds available under this heading (RESCISSION) REWARDS AND OPERATIONS in Public Law 103–332, $6,000,000 is rescinded. Of the funds available under this heading (RESCISSION) STATE AND PRIVATE FORESTRY in Public Law 103–332, $2,300,000 is rescinded. Of the funds available under this heading (RESCISSION) NATIONAL FOUNDATION ON THE ARTS AND THE in Public Law 103–332 to carry out the provi- Of the funds available under this heading HUMANITIES sions of the African Elephant Conservation in Public Law 103–332 and Public Law 103–138, NATIONAL ENDOWMENT FOR THE ARTS Act, $300,000 is rescinded. $12,500,000 is rescinded. NATIONAL BIOLOGICAL SURVEY INTERNATIONAL FORESTRY GRANTS AND ADMINISTRATION RESEARCH, INVENTORIES, AND SURVEYS (RESCISSION) (RESCISSION) (RESCISSION) Of the funds available under this heading Of the funds available under this heading Of the funds available under this heading in Public Law 103–332, $1,000,000 is rescinded. in Public Law 103–332, $5,000,000 is rescinded. in Public Law 103–332, $16,680,000 is rescinded. NATIONAL FOREST SYSTEM NATIONAL ENDOWMENT FOR THE HUMANITIES NATIONAL PARK SERVICE (RESCISSION) OPERATION OF THE NATIONAL PARK SYSTEM Of the funds available under this heading GRANTS AND ADMINISTRATION (RESCISSION) in Public Law 103–332, $3,327,000 is rescinded. (RESCISSION) Of the funds made available under this CONSTRUCTION Of the funds available under this heading heading in Public Law 103–332, $50,000,000 is (RESCISSION) in Public Law 103–332, $5,000,000 is rescinded. rescinded. Of the funds available under this heading CHAPTER VI CONSTRUCTION in Public Law 103–332, Public Law 103–138 and (RESCISSION) Public Law 102–381, $4,919,000 is rescinded. DEPARTMENTS OF LABOR, HEALTH AND Of the funds available under this heading LAND ACQUISITION HUMAN SERVICES, EDUCATION, AND in Public Law 103–332, $41,631,000 is rescinded. (RESCISSION) RELATED AGENCIES LAND ACQUISITION AND STATE ASSISTANCE Of the funds available under this heading DEPARTMENT OF LABOR (RESCISSION) in Public Law 103–332, Public Law 103–138 and Public Law 102–381, $3,974,000 is rescinded. EMPLOYMENT AND TRAINING ADMINISTRATION Of the funds available under this heading in Public Law 103–332, Public Law 103–138, DEPARTMENT OF ENERGY TRAINING AND EMPLOYMENT SERVICES Public Law 102–381, Public Law 102–154, Pub- FOSSIL ENERGY RESEARCH AND DEVELOPMENT (RESCISSION) lic Law 101–512, Public Law 101–121, Public (RESCISSION) Of the funds made available under this Law 100–446, Public Law 100–202, Public Law Of the funds available under this heading heading in Public Law 103–333, $945,466,000 is 99–190, Public Law 98–473, and Public Law 98– in Public Law 103–332, $18,650,000 is rescinded. rescinded, including $10,000,000 for necessary 146, $16,509,000 is rescinded. NAVAL PETROLEUM AND OIL SHALE RESERVES expenses of construction, rehabilitation, and UNITED STATES GEOLOGICAL SURVEY (RESCISSION) acquisition of new Job Corps centers, SURVEYS, INVESTIGATIONS, AND RESEARCH Of the funds available under this heading $12,500,000 for the School-to-Work Opportuni- (RESCISSION) in Public Law 103–332, $21,000,000 is rescinded. ties Act, $6,408,000 for section 401 of the Job Training Partnership Act, $8,571,000 for sec- Of the funds made available under this ENERGY CONSERVATION tion 402 of such Act, $3,861,000 for service de- heading in Public Law 103–332, $18,000,000 is (RESCISSION) rescinded. livery areas under section 101(a)(4)(A)(iii) of Of the funds available under this heading such Act, $2,223,000 for the National Commis- MINERALS MANAGEMENT SERVICE in Public Law 103–332, $46,228,000 is rescinded sion for Employment Policy and $500,000 for ROYALTY AND OFFSHORE MINERALS and of the funds available under this heading the National Occupational Information Co- MANAGEMENT in Public Law 103–138, $13,700,000 is rescinded. ordinating Committee. (RESCISSION) DEPARTMENT OF EDUCATION COMMUNITY SERVICE EMPLOYMENT FOR OLDER Of the funds made available under this FFICE OF LEMENTARY AND ECONDARY O E S AMERICANS heading in Public Law 103–332, $10,000,000 is EDUCATION rescinded. INDIAN EDUCATION (RESCISSION) BUREAU OF MINES (RESCISSION) Of the funds made available in the first MINES AND MINERALS Of the funds available under this heading paragraph under this heading in Public Law (RESCISSION) in Public Law 103–332, $2,000,000 is rescinded. 103–333, $11,263,000 is rescinded. Of the funds made available in the second Of the funds made available under this OTHER RELATED AGENCIES paragraph under this heading in Public Law heading in Public Law 103–332, $18,000,000 is SMITHSONIAN INSTITUTION 103–333, $3,177,000 is rescinded. rescinded. CONSTRUCTION AND IMPROVEMENTS, NATIONAL STATE UNEMPLOYMENT INSURANCE AND BUREAU OF INDIAN AFFAIRS ZOOLOGICAL PARK EMPLOYMENT SERVICE OPERATIONS OPERATION OF INDIAN PROGRAMS (RESCISSION) (RESCISSION) Of the funds available under this heading (RESCISSION) Of the funds available under this heading in Public Law 102–381, and Public Law 103– Of the funds made available under this in Public Law 103–332, $4,046,000 is rescinded. 138, $1,000,000 is rescinded. heading in Public Law 103–333, $12,000,000 is H 3078 CONGRESSIONAL RECORD — HOUSE March 13, 1995 rescinded, and amounts which may be ex- $2,207,135,000 to $2,168,935,000, and funds trans- $12,000,000, title X–D, –E, and –G, and section pended from the Employment Security Ad- ferred to this account as authorized by sec- 10602, $21,384,000, and title XII, $100,000,000; ministration account in the Unemployment tion 201(g) of the Social Security Act are re- from the Higher Education Act, section 596, Trust Fund are reduced from $3,269,097,000 to duced to the same amount. $13,875,000; from the Stewart B. McKinney $3,253,097,000. ADMINISTRATION FOR CHILDREN AND FAMILIES Homeless Assistance Act, title VII–B, $28,811,000; and from funds derived from the EMPLOYMENT STANDARDS ADMINISTRATION COMMUNITY SERVICES BLOCK GRANT Violent Crime Reduction Trust Fund, SALARIES AND EXPENSES (RESCISSION) $11,100,000. (RESCISSION) Of the funds made available under this SPECIAL INSTITUTIONS FOR PERSONS WITH Of the funds made available under this heading in Public Law 103–333, $26,988,000 is DISABILITIES heading in Public Law 103–333, $2,487,000 is re- rescinded. NATIONAL TECHNICAL INSTITUTE FOR THE DEAF scinded. CHILDREN AND FAMILIES SERVICES PROGRAMS (RESCISSION) OCCUPATIONAL SAFETY AND HEALTH (RESCISSION) ADMINISTRATION Of the funds made available under this Of the funds made available under this heading in Public Law 103–333, $799,000 is re- SALARIES AND EXPENSES heading in Public Law 103–333 to be derived scinded. (RESCISSION) from the Violent Crime Reduction Trust Of the funds made available under this Fund, $25,900,000 is rescinded for carrying out GALLAUDET UNIVERSITY heading in Public Law 103–333, $16,072,000 is the Community Schools Youth Services and (RESCISSION) rescinded. Supervision Grant Program Act of 1994. Of the funds made available under this BUREAU OF LABOR STATISTICS PAYMENTS TO STATES FOR FOSTER CARE AND heading in Public Law 103–333, $1,298,000 is re- SALARIES AND EXPENSES ADOPTION ASSISTANCE scinded. (RESCISSION) (RESCISSION) VOCATIONAL AND ADULT EDUCATION Of the funds made available under this Of the funds made available under this (RESCISSION) heading in Public Law 103–333 for payments heading in Public Law 103–333, $10,000,000 is Of the funds made available under this to States under section 474(a)(3) of the Social rescinded. heading in Public Law 103–333, $232,413,000 is Security Act, an amount is hereby rescinded rescinded as follows: from the Carl D. Per- DEPARTMENTAL MANAGEMENT such that the total made available to any kins Vocational and Applied Technology SALARIES AND EXPENSES State under such section in fiscal year 1995 Education Act, title III–A, –B, and –E, (RESCISSION) does not exceed 110 percent of the total paid $151,888,000 and from title IV–A, –B, and –C, to such State thereunder in fiscal year 1994 Of the funds made available under this $34,535,000; from the Adult Education Act, which, notwithstanding any other provision heading in Public Law 103–333, $7,000,000 is re- section 384(c), part B–7, and section 371, of law, is the maximum amount to which scinded. $31,392,000; from the Stewart B. McKinney any such State shall be entitled for pay- DEPARTMENT OF HEALTH AND HUMAN Homeless Assistance Act, $9,498,000; and from ments under such section 474(a)(3) for fiscal SERVICES the National Literacy Act, $5,100,000. year 1995. HEALTH RESOURCES AND SERVICES STUDENT FINANCIAL ASSISTANCE ADMINISTRATION ON AGING ADMINISTRATION AGING SERVICES PROGRAMS (RESCISSION) HEALTH RESOURCES AND SERVICES (RESCISSION) Of the funds made available under this (RESCISSION) heading in Public Law 103–333, $83,375,000 is Of the funds made available under this Of the funds made available under this rescinded from funding for the Higher Edu- heading in Public Law 103–333, $899,000 is re- heading in Public Law 103–333, $78,275,000 is cation Act, title IV, part A–4 and part H–1. scinded. rescinded. FEDERAL FAMILY EDUCATION LOAN PROGRAM GENERAL DEPARTMENTAL MANAGEMENT CENTERS FOR DISEASE CONTROL AND ACCOUNT (RESCISSION) PREVENTION (RESCISSION) DISEASE CONTROL, RESEARCH, AND TRAINING Of the funds made available under this heading in Public Law 103–333, $4,500,000 is re- Of the funds made available under this (RESCISSION) scinded. heading in Public Law 103–333, $3,000,000 is re- Of the funds made available under this scinded. DEPARTMENT OF EDUCATION heading in Public Law 103–333, $8,883,000 is re- HIGHER EDUCATION scinded. EDUCATION REFORM (RESCISSION) NATIONAL INSTITUTES OF HEALTH (RESCISSION) Of the funds made available under this Of the funds made available under this NATIONAL CENTER FOR RESEARCH RESOURCES heading in Public Law 103–333, $91,046,000 is heading in Public Law 103–333, $186,030,000 is (RESCISSION) rescinded as follows: from amounts available rescinded, including $142,000,000 from funds for Public Law 99–498, $1,000,000; the Higher Of the funds made available under this made available for State and local education Education Act, title IV–A, chapter 5, $496,000, heading in Public Law 103–333 for extramural systemic improvement, $21,530,000 from funds title IV–A–2, chapter 2, $3,108,000, title IV–A– facilities construction grants, $20,000,000 is made available for Federal activities, and 6, $9,823,000, title V–C, subparts 1 and 3, rescinded. $10,000,000 from funds made available for pa- $16,175,000, title IX–B, $10,100,000, title IX–C, BUILDINGS AND FACILITIES rental assistance under the Goals 2000: Edu- $7,500,000, title IX–E, $3,500,000, title IX–G, cate America Act; and $12,500,000 is rescinded (RESCISSION) $14,920,000, title X–D, $4,000,000, and title XI– from funds made available under the School Of the available balances under this head- A, $13,000,000; Public Law 102–325, $1,000,000; to Work Opportunities Act, including ing, $50,000,000 is rescinded. and the Excellence in Mathematics, Science, $9,375,000 for National programs and $3,125,000 and Engineering Education Act of 1990, ASSISTANT SECRETARY FOR HEALTH for State grants and local partnerships. OFFICE OF THE ASSISTANT SECRETARY FOR $6,424,000: Provided, That in carrying out title EDUCATION FOR THE DISADVANTAGED HEALTH IX–B, remaining appropriations shall not be (RESCISSION) available for awards for doctoral study. (RESCISSION) Of the funds made available under this HOWARD UNIVERSITY Of the funds made available under this heading in Public Law 103–333, $8,270,000 from (RESCISSION) heading in Public Law 103–333, $1,400,000 is re- the Elementary and Secondary Education scinded. Act, title I, part E, section 1501. Of the funds made available under this AGENCY FOR HEALTH CARE POLICY AND heading in Public Law 103–333, $4,300,000 is re- IMPACT AID RESEARCH scinded, including $2,500,000 for construction. (RESCISSION) HEALTH CARE POLICY AND RESEARCH COLLEGE HOUSING AND ACADEMIC FACILITIES Of the funds made available under this LOANS PROGRAM (RESCISSION) heading in Public Law 103–333, $16,293,000 for (RESCISSION) Of the Federal funds made available under section 8002 is rescinded. this heading in Public Law 103–333, $3,132,000 Of the funds made available under this SCHOOL IMPROVEMENT PROGRAMS is rescinded. heading in Public Law 103–333 for the costs of (RESCISSION) HEALTH CARE FINANCING ADMINISTRATION direct loans, as authorized under part C of Of the funds made available under this title VII of the Higher Education Act, as PROGRAM MANAGEMENT heading in Public Law 103–333, $275,170,000 is amended, $168,000 is rescinded, and the au- (RESCISSION) rescinded as follows: from the Elementary thority to subsidize gross loan obligations is Funds made available under this heading and Secondary Education Act, title II–B, repealed. In addition, $322,000 appropriated in Public Law 103–333 are reduced from $60,000,000, title V–C, $28,000,000, title IX–B, for administrative expenses is rescinded. March 13, 1995 CONGRESSIONAL RECORD — HOUSE H 3079

EDUCATION RESEARCH, STATISTICS, AND OFFICE OF TECHNOLOGY ASSESSMENT ACQUISITION, CONSTRUCTION, AND IMPROVEMENT SALARIES AND EXPENSES IMPROVEMENTS (RESCISSION) (RESCISSION) (RESCISSION) (TRANSFER OF FUNDS) Of the funds made available under this Of the available balances under this head- Of the funds made available under this heading in Public Law 103–283, $650,000 is re- ing, $42,569,000 is rescinded. heading in Public Law 103–333, $55,250,000 is scinded. ENVIRONMENTAL COMPLIANCE AND rescinded as follows: from the Elementary ARCHITECT OF THE CAPITOL RESTORATION and Secondary Education Act, title III–A, CAPITOL BUILDINGS AND GROUNDS (RESCISSION) $30,000,000, title III–B, $10,000,000, title III–C, CAPITOL BUILDINGS Of the amounts provided under this head- $2,700,000, title III–D, $2,250,000; title X–B, (RESCISSIONS) ing in Public Law 103–331, $3,500,000 is re- $4,600,000, and title XIII–B, $2,700,000; from scinded. the Goals 2000: Educate America Act, title Of the funds made available until expended VI, $3,000,000. for energy efficient lighting retrofitting FEDERAL AVIATION ADMINISTRATION Notwithstanding any other provision of under this heading in Public Law 102–392, FACILITIES AND EQUIPMENT law, during fiscal year 1995, $56,750,000 shall $500,000 is rescinded. (AIRPORT AND AIRWAY TRUST FUND) Of the funds made available until expended be available under this heading for the Fund (RESCISSION) for the Improvement of Education: Provided, for energy efficient lighting retrofitting That none of the funds under this heading under this heading in Public Law 103–69, Of the available balances under this head- during fiscal year 1995 shall be obligated for $2,000,000 is rescinded. ing, $69,825,000 is rescinded. title III–B of the Elementary and Secondary GOVERNMENT PRINTING OFFICE RESEARCH, ENGINEERING, AND DEVELOPMENT Education Act (Star Schools Program). (RESCISSIONS) (AIRPORT AND AIRWAY TRUST FUND) LIBRARIES CONGRESSIONAL PRINTING AND BINDING (RESCISSION) (RESCISSION) Of the funds made available under this Of the available balances under this head- Of the funds made available under this heading in Public Law 103–283, $3,000,000 is re- ing, $7,500,000 is rescinded. heading in Public Law 103–333, $26,716,000 is scinded. GRANTS-IN-AID FOR AIRPORTS rescinded as follows: for the Library Services OFFICE OF SUPERINTENDENT OF DOCUMENTS (AIRPORT AND AIRWAY TRUST FUND) and Construction Act, and part II, $15,300,000; SALARIES AND EXPENSES (RESCISSION) for the Higher Education Act, part II, sec- Of the funds made available under this tions 222 and 223, $11,416,000. Of the available balances under this head- heading in Public Law 103–283, $600,000 is re- ing, all amounts available for the military DEPARTMENTAL MANAGEMENT scinded. airport program is rescinded. (RESCISSION) BOTANIC GARDEN FEDERAL HIGHWAY ADMINISTRATION Of the funds made available under this SALARIES AND EXPENSES LIMITATION ON GENERAL OPERATING heading in Public Law 103–333, $10,000,000 is (RESCISSION) EXPENSES rescinded. Of the funds made available until expended The obligation limitation under this head- RELATED AGENCIES by transfer under this heading in Public Law ing in Public Law 103–331 is hereby reduced CORPORATION FOR PUBLIC BROADCASTING 103–283, $4,000,000 is rescinded. by $42,500,000. (RESCISSION) LIBRARY OF CONGRESS FEDERAL-AID HIGHWAYS Of the funds made available under this (RESCISSIONS) (LIMITATION ON OBLIGATIONS) heading in Public Law 103–112, $47,000,000 is SALARIES AND EXPENSES (HIGHWAY TRUST FUND) rescinded. Of the funds made available under Of the funds made available under this The obligation limitation under this head- this heading in Public Law 103–333, $94,000,000 heading in Public Law 103–283, $150,000 is re- ing in Public Law 103–331 is hereby reduced is rescinded. scinded. by $70,140,000: Provided, That $27,640,000 shall RAILROAD RETIREMENT BOARD BOOKS FOR THE BLIND AND PHYSICALLY be deducted from amounts made available for the Applied Research and Technology DUAL BENEFITS PAYMENTS ACCOUNT HANDICAPPED SALARIES AND EXPENSES Program authorized under section 307(e) of (RESCISSION) title 23, United States Code: Provided further, Of the funds made available under this Of the funds made available under this That no reduction shall be made in any heading in Public Law 103–333, $5,000,000 is re- heading in Public Law 103–283, $100,000 is re- amount distributed to any State under sec- scinded. scinded. tion 310(a) of Public Law 103–331. GENERAL ACCOUNTING OFFICE GENERAL PROVISION FEDERAL-AID HIGHWAYS SALARIES AND EXPENSES FEDERAL DIRECT STUDENT LOAN PROGRAM EMERGENCY RELIEF PROGRAM (RESCISSION) SEC. 601. Section 458(a) of the Higher Edu- (HIGHWAY TRUST FUND) Of the funds made available under this cation Act of 1965 (20 U.S.C. 1087h(a)) is (RESCISSION) amended— heading in Public Law 103–283, $8,867,000 is re- scinded. Of the amounts provided under this head- (1) by striking ‘‘$345,000,000’’ and inserting ing in Public Law 103–211, $351,000,000 is re- CHAPTER VIII ‘‘$298,000,000’’; and scinded. (2) by striking ‘‘$2,500,000,000’’ and insert- DEPARTMENT OF TRANSPORTATION FEDERAL RAILROAD ADMINISTRATION ing ‘‘$2,453,000,000’’. AND RELATED AGENCIES LOCAL RAIL FREIGHT ASSISTANCE CHAPTER VII OFFICE OF THE SECRETARY (RESCISSION) LEGISLATIVE BRANCH SALARIES AND EXPENSES Of the funds made available under this (RESCISSION) JOINT ITEMS heading in Public Law 103–331, $13,000,000 is JOINT ECONOMIC COMMITTEE Of the funds made available under this rescinded. heading in Public Law 103–331, $3,000,000 is re- (RESCISSION) scinded. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM (RESCISSION) Of the funds made available under this TRANSPORTATION PLANNING, RESEARCH, AND heading in Public Law 103–283, $460,000 is re- DEVELOPMENT Of the amounts provided under this head- scinded. (RESCISSION) ing in Public Law 103–331, $7,768,000 is re- JOINT COMMITTEE ON PRINTING scinded. Of the amounts provided under this head- (RESCISSION) ing in Public Law 103–331, $1,293,000 is re- FEDERAL TRANSIT ADMINISTRATION (TRANSFER OF FUNDS) scinded. TRANSIT PLANNING AND RESEARCH Of the funds made available under this WORKING CAPITAL FUND (RESCISSION) heading in Public Law 103–283, $418,000 is re- The obligation authority under this head- Of the available balances under this head- scinded: Provided, That, upon enactment of ing in Public Law 103–331 is hereby reduced ing, $8,800,000 is rescinded. this Act, any balance of the funds made by $8,000,000. DISCRETIONARY GRANTS available that remains after this rescission COAST GUARD (LIMITATION ON OBLIGATIONS) shall be transferred in equal amounts to the OPERATING EXPENSES Committee on House Oversight of the House (HIGHWAY TRUST FUND) of Representatives and the Committee on (RESCISSION) (a) REDUCTION OF FISCAL YEAR 1995 LIMITA- Rules and Administration of the Senate for Of the amounts provided under this head- TION.—The obligation limitation under this the purpose of carrying out the functions of ing in Public Law 103–331, $6,440,000 is re- heading in Public Law 103–331 is reduced by the Joint Committee on Printing. scinded. $146,160,000, to be distributed as follows: H 3080 CONGRESSIONAL RECORD — HOUSE March 13, 1995 (1) $91,110,000, for the replacement, reha- (H) $6,000,000, Topeka, Kansas. equipment and the construction of bus-relat- bilitation, and purchase of buses and related (I) $150,000, State of Maine. ed facilities, to be distributed as follows: equipment and the construction of bus-relat- (J) $3,000,000, Southeast Michigan (A) $6,781,500: Provided, That in distributing ed facilities, to be distributed as follows: (SMART). the foregoing reduction, obligational author- (A) Little Rock, Arkansas, $500,000. (K) $1,000,000, Silver Spring, Maryland. ity remaining unobligated for each project (B) Long Beach, California, $500,000. (L) $450,000, Camden, New Jersey. for which the obligation limitation in Public (C) Santa Cruz, California, $500,000. (M) $275,000, South Amboy, New Jersey. Law 102–143 was applied shall be reduced by (D) San Francisco Bay Area, California, (N) $1,000,000, Albuquerque, New Mexico. 50 percent. $500,000. (O) $850,000, State of Oklahoma. (B) $2,000,000, San Francisco, California. (E) Eagle County, Colorado, $500,000. (P) $500,000, Eugene, Oregon. (C) $2,000,000, Eugene, Oregon. (F) Norwich, Connecticut, $1,000,000. (Q) $2,700,000, Salem, Oregon. (2) $87,915,000, for new fixed guideway sys- (G) Orlando, Florida, $3,250,000. (R) $600,000, Philadelphia, Pennsylvania. tems, to be distributed as follows: (H) Iowa State, Illinois, $3,500,000. (S) $750,000, El Paso, Texas. (A) $1,000,000, for the Cleveland Dual Hub (I) Cedar Rapids, Iowa, $1,500,000. (T) $750,000, Callaeln, Washington. Corridor Project. (J) Illinois State, Illinois, $5,500,000. (U) $3,000,000, Seattle, Washington. (B) $465,000, for the Kansas City-South LRT (K) Johnston County, Kansas, $5,050,000. (V) $5,000,000, Wheeling, West Virginia. Project. (L) Wichita, Kansas, $1,350,000. (2) $5,400,000, for new fixed guideway sys- (C) $950,000, for the San Diego Mid-Coast (M) Detroit, Michigan, $2,000,000. tems, to be distributed as follows: Extension Project. (N) Lansing, Michigan, $2,350,000. (A) $300,000, for the Cleveland Dual Hub (D) $10,000,000, for the Los Angeles-San (O) Michigan State, Michigan, $4,500,000. Corridor Project. Diego (LOSSAN) Commuter Rail Project. (P) North Carolina, North Carolina, (B) $1,000,000, for the Twin Cities Central (E) $57,100,000, for the Hawthorne-Warwick $8,000,000. Corridor Project. Commuter Rail Project. (Q) Atlantic City, New Jersey, $2,000,000. (C) $600,000, for the New Orleans Canal (F) $1,000,000, for the New York-Staten Is- (R) Vineland, New Jersey, $1,750,000. land-Midtown Ferry Project. (S) Las Vegas, Nevada, $60,000. Street Corridor Project. (D) $3,500,000, for the St. Louis METRO (G) $8,000,000, for the San Jose-Gilroy Com- (T) Bronx, New York, $1,000,000. muter Rail Project. (U) Buffalo bus transit centers, New York, Link LRT to Airport Project. (c) REDUCTION OF FISCAL YEAR 1993 LIMITA- (H) $3,240,000, for the Seattle-Tacoma Com- $400,000. muter Rail Project. (V) Long Island, New York, $3,600,000. TION.—Notwithstanding section 313 of Public Law 103–331, the obligation limitation under (I) $1,780,000, for the Vallejo Ferry Project. (W) Ohio State, Ohio, $7,500,000. (J) $5,000,000, for the Detroit LRT Project. (X) Cleveland Tower City International this heading in Public Law 102–388 (as (e) REDUCTION OF FISCAL YEAR 1991 LIMITA- hub, Ohio, $500,000. amended by Public Law 103–122) is reduced TION.—Notwithstanding section 313 of Public (Y) Salem, Oregon, $500,000. by $126,689,500, to be distributed as follows: (1) $63,169,500, for the replacement, reha- Law 103–331, the obligation limitation under (Z) Philadelphia Erie Avenue, Pennsylva- this heading in Public Law 101–516 is reduced nia, $750,000. bilitation, and purchase of buses and related equipment and the construction of bus-relat- by $2,230,000, for new fixed guideway systems, (aa) El Paso, Texas, $4,500,000. to be derived from the Cleveland Dual Hub (bb) Northern Virginia-Dulles, Virginia, ed facilities, to be distributed as follows: Corridor Project. $450,000. (A) $29,022,500: Provided, That in distribut- (f) REDUCTION OF FISCAL YEAR 1990 LIMITA- (cc) Rowland, Vermont, $750,000. ing the foregoing reduction, obligational au- TION.—Notwithstanding section 313 of Public (dd) Edmund, Washington, $200,000. thority remaining unobligated for each Law 103–331, the obligation limitation under (ee) Seattle, Washington, $2,500,000. project identified in the joint explanatory this heading in Public Law 101–164 is reduced (ff) Milwaukee, Wisconsin, $500,000. statements of the committees of conference by $1,247,000, for the replacement, rehabilita- (gg) Wisconsin, Wisconsin, $6,000,000. accompanying such Act shall be reduced by tion, and purchase of buses and related (hh) additional, $17,650,000. 50 percent. equipment and the construction of bus-relat- (2) $55,050,000, for new fixed guideway sys- (B) $5,500,000, Sacramento, California. ed facilities: That in distributing tems, to be distributed as follows: (C) $11,300,000, Des Moines, Iowa. Provided, (A) $300,000, for the Seattle-Renton-Ta- (D) $740,000, State of Maryland. the foregoing reduction, obligational author- coma commuter rail project. (E) $814,000, St. Louis, Missouri. ity remaining unobligated for each project (B) $1,500,000, for the DART North Central (F) $325,000, Rio Ranch, New Mexico. identified in the joint explanatory state- light rail extension project. (G) $3,350,000, Eugene, Oregon. ments of the committees of conference ac- (C) $250,000, for the Miami Metrorail north (H) $4,086,000, Erie, Pennsylvania. companying such Act shall be reduced by 50 corridor extension project. (I) $6,136,000, Robins Town Center, Penn- percent. (D) $2,000,000, for the Twin Cities central sylvania. RESEARCH AND SPECIAL PROGRAMS corridor project. (J) $1,914,000, Challan-Douglas, Washing- ADMINISTRATION (E) $4,500,000, for the New Orleans Canal ton. (RESCISSION) Street Corridor project. (2) $63,520,000, for new fixed guideway sys- Of the funds made available under this (F) $3,000,000, for the St. Louis Metro Link tems, to be distributed as follows: heading in Public Law 103–331, $1,000,000 is re- LRT project. (A) $9,120,000, for the San Francisco BART scinded. (G) $1,000,000, for the Dallas-Fort Worth Extension/Tasman Corridor Project. RAILTRAN project. (B) $25,310,000, for the Boston, Massachu- GENERAL PROVISIONS (H) $500,000, for the Boston, Massachusetts setts to Portland, Maine Commuter Rail (INCLUDING RESCISSIONS) to Portland, Maine Transportation Corridor Project. SEC. 801. Of the funds provided in Public Program. (C) $1,750,000, for the Orlando OSCAR LRT Law 103–331 for the Department of Transpor- (I) $1,000,000, for the New Jersey Urban Project. tation working capital fund (WCF), $8,000,000 Core project. (D) $1,880,000, for the Salt Lake City South is rescinded, which limits fiscal year 1995 (J) $40,000,000, for the New Jersey Secaucus LRT Project. WCF obligational authority for elements of transfer project. (E) $1,690,000, for the Cleveland Dual Hub the Department of Transportation funded in (K) $1,000,000, for the Salt Lake City light Corridor Project. Public Law 103–331 to no more than rail project. (F) $3,000,000, for the Milwaukee East-West $85,000,000. (b) REDUCTION OF FISCAL YEAR 1994 LIMITA- Corridor Project. SEC. 802. Of the total budgetary resources TION.—Notwithstanding section 313 of Public (G) $1,690,000, for the San Diego Mid-Coast available to the Department of Transpor- Law 103–331, the obligation limitation under Extension Project. tation (excluding the Maritime Administra- this heading in Public Law 103–122 is reduced (H) $15,190,000, for the Seattle-Tacoma tion) during fiscal year 1995 for civilian and by $42,100,000, to be distributed as follows: Commuter Rail Project. military compensation and benefits and (1) $36,700,000, for the replacement, reha- (I) $1,490,000, for the Lakewood, Freehold, other administrative expenses, $20,000,000 are bilitation, and purchase of buses and related and Matawan or Jamesburg Commuter Rail permanently canceled. equipment and the construction of bus-relat- Project. CHAPTER IX ed facilities, to be distributed as follows: (J) $165,000, for the Miami Downtown (A) $1,500,000, Little Rock, Arkansas. Peoplemover Project. TREASURY, POSTAL SERVICE, AND (B) $2,700,000, Sacramento, California. (K) $4,470,000, for the New Jersey Haw- GENERAL GOVERNMENT (C) $75,000, San Francisco-Fairfield, Cali- thorne-Warwick Commuter Rail Project. DEPARTMENT OF THE TREASURY fornia. (d) REDUCTION OF FISCAL YEAR 1992 LIMITA- DEPARTMENTAL OFFICES (D) $100,000, San Francisco-Santa Rosa, TION.—Notwithstanding section 313 of Public SALARIES AND EXPENSES California. Law 103–331, the obligation limitation under (E) $200,000, Sam. Trans., California. this heading in Public Law 102–143 is reduced (RESCISSION) (F) $500,000, San Francisco-Santa Clara, by $98,696,500, to be distributed as follows: Of the funds made available under this California. (1) $10,781,500, for the replacement, reha- heading in Public Law 103–329, $33,200,000 is (G) $5,500,000, State of Illinois. bilitation, and purchase of buses and related rescinded. March 13, 1995 CONGRESSIONAL RECORD — HOUSE H 3081

FEDERAL LAW ENFORCEMENT TRAINING (5) San Francisco, California, U.S. Court- (2) District of Columbia, Central and West CENTER house, $4,000,000. Heating Plants, $5,000,000. ACQUISITION, CONSTRUCTION, IMPROVEMENTS, (6) Washington, District of Columbia, Gen- OPERATING EXPENSES AND RELATED EXPENSES eral Services Administration Headquarters, $13,000,000. (RESCISSION) (RESCISSION) (7) Washington, District of Columbia, U.S. Of the funds made available under this (TRANSFER OF FUNDS) Secret Service building, $113,000,000. heading in Public Law 103–329, $8,065,000 is re- Of the funds made available for construc- (8) Jacksonville, Florida, U.S. Courthouse, scinded. tion at the Davis-Monthan Training Center $10,633,198. FEDERAL ELECTION COMMISSION under Public Law 103–123, $5,000,000 is re- (9) Atlanta, Georgia, Centers for Disease SALARIES AND EXPENSES scinded. Of the funds made available for con- Control, site acquisition and improvements, struction at the Davis-Monthan Training $25,890,000. (RESCISSION) Center under Public Law 103–329, $6,000,000 is (10) Atlanta, Georgia, Centers for Disease Of the funds made available under this rescinded: Provided, That $1,000,000 of the re- Control, $14,110,000. heading in Public Law 103–329, $2,792,000 is re- maining funds made available under Public (11) Atlanta, Georgia, Centers for Disease scinded. Control Royal Laboratory, $47,000,000. Law 103–123 shall be used to initiate design OFFICE OF PERSONNEL MANAGEMENT and construction of a Burn Building in (12) Savannah, Georgia, U.S. Courthouse Glynco, Georgia. Annex, $3,000,000. SALARIES AND EXPENSES (13) Hilo, Hawaii, Consolidation, $12,000,000. (RESCISSION) FINANCIAL MANAGEMENT SERVICE (14) Covington, Kentucky, U.S. Courthouse, SALARIES AND EXPENSES Of the funds made available under this $2,914,000. heading in Public Law 103–329, $10,140,000 is (RESCISSION) (15) London, Kentucky, U.S. Courthouse, rescinded. Of the funds made available under this $1,523,000. CHAPTER X heading in Public Law 103–329, $9,960,000 is re- (16) Beltsville, Maryland, U.S. Secret Serv- scinded. ice building, $2,400,000. DEPARTMENTS OF VETERANS AFFAIRS (17) Cape Girardeau, Missouri, U.S. Court- AND HOUSING AND URBAN DEVELOP- RESOLUTION FUNDING CORPORATION house, $3,500,000. MENT, AND INDEPENDENT AGENCIES (RESCISSION) (18) Las Vegas, Nevada, U.S. Courthouse, DEPARTMENT OF VETERANS AFFAIRS Of the balances available to the Resolution $4,230,000. DEPARTMENTAL ADMINISTRATION Funding Corporation, $300,000,000 is re- (19) Newark, New Jersey, Parking Facility, scinded. $9,000,000. CONSTRUCTION, MAJOR PROJECTS BUREAU OF THE PUBLIC DEBT (20) Brooklyn, New York, U.S. Courthouse, (RESCISSION) ADMINISTERING THE PUBLIC DEBT $43,500,000. Of the funds made available under this (21) Cleveland, Ohio, U.S. Courthouse, (RESCISSION) heading in Public Law 103–327, $156,110,000 is $28,246,000. rescinded. Of the funds made available under this (22) Stubenville, Ohio, U.S. Courthouse, DEPARTMENT OF HOUSING AND URBAN heading in Public Law 103–329, $6,000,000 is re- $2,820,000. DEVELOPMENT scinded. (23) Youngstown, Ohio, Federal Building SALARIES AND EXPENSES and U.S. Courthouse, $4,500,000. HOUSING PROGRAMS (RESCISSION) (24) Columbia, South Carolina, U.S. Court- NATIONAL HOMEOWNERSHIP TRUST house Annex, $592,186. Of the funds made available under this DEMONSTRATION PROGRAM (25) Greeneville, Tennessee, U.S. Court- heading in Public Law 103–123, $1,500,000 is re- (RESCISSION) house, $2,936,000. scinded. (26) Corpus Christi, Texas, U.S. Court- Of the funds made available under this INTERNAL REVENUE SERVICE house, $6,446,000. heading in Public Law 103–327, $50,000,000 is rescinded. INFORMATION SYSTEMS (27) Laredo, Texas, Federal Building and (RESCISSION) U.S. Courthouse, $5,986,000. ANNUAL CONTRIBUTIONS FOR ASSISTED HOUSING Of the funds made available under this (28) Charlotte Amalie, Saint Thomas, Unit- (RESCISSION) heading in Public Law 103–329, $1,490,000 is re- ed States Virgin Islands, U.S. Courthouse Of the funds made available under this scinded. Annex, $2,184,000. heading in Public Law 103–327 and any unob- (29) Blaine, Washington, U.S. Border Patrol EXECUTIVE OFFICE OF THE PRESIDENT ligated balances from funds appropriated Station, $4,472,000. under this heading in prior years, THE WHITE HOUSE OFFICE (30) Point Roberts, Washington, U.S. Bor- $1,696,400,000 is rescinded: Provided, That of SALARIES AND EXPENSES der Patrol Station, $698,000. the total rescinded under this heading, (31) Seattle, Washington, U.S. Courthouse, (RESCISSION) $690,100,000 shall be from the amounts ear- $10,900,000. Of the funds made available under this marked for the development or acquisition (32) Beckley, West Virginia, Federal Build- cost of public housing; $15,000,000 shall be heading in Public Law 103–329, $171,000 is re- ing and U.S. Courthouse, $33,000,000. scinded. from amounts provided for the Family Unifi- (33) Wheeling, West Virginia, Federal cation program; $465,100,000 shall be from FEDERAL DRUG CONTROL PROGRAMS Building and U.S. Courthouse, $35,500,000. amounts earmarked for the preservation of SPECIAL FORFEITURE FUND (34) Montgomery, Alabama, U.S. Court- low-income housing programs; $90,000,000 (RESCISSION) house Annex, $24,000,000. shall be from amounts earmarked for the (35) Phoenix, Arizona, U.S. Courthouse, Of the funds made available under this lead-based paint hazard reduction program; $110,000,000. heading in Public Law 103–329, $13,200,000 is $70,000,000 shall be from the amounts ear- (36) Tucson, Arizona, U.S. Courthouse, rescinded. marked for special purpose grants in Public $81,000,000. INDEPENDENT AGENCIES Law 102–389 and prior years; $39,000,000 shall (37) Ft. Myers, U.S. Courthouse, $25,000,000. be from amounts recaptured during fiscal GENERAL SERVICES ADMINISTRATION (38) Kansas City, Missouri, U.S. Court- year 1995 or prior years; $34,200,000 shall be FEDERAL BUILDINGS FUND house, $100,000,000. from amounts provided for lease adjust- (39) Fargo, North Dakota, U.S. Courthouse, ments; and $287,000,000 of amounts recap- (LIMITATIONS ON AVAILABILITY OF REVENUE) $20,000,000. (RESCISSION) tured during fiscal year 1995 from the recon- (40) Omaha, Nebraska, U.S. Courthouse, struction of obsolete public housing projects. (a) NEW CONSTRUCTION.—Of the funds made $9,300,000. available under this heading for ‘‘New Con- (41) Albuquerque, New Mexico, U.S. Court- CONGREGATE SERVICES struction’’ in appropriation Acts for fiscal house, $47,450,000. (RESCISSION) year 1995 and prior fiscal years, the following (42) Brownsville, Texas, U.S. Courthouse, Of the funds made available under this amounts are rescinded from the specified $4,330,000. heading in Public Law 103–327 and any unob- projects: (43) Highgate Springs, Vermont, U.S. Bor- ligated balances from funds appropriated (1) Bullhead City, Arizona, a grant to the der Patrol Station, $7,080,000. under this heading in prior years, $37,000,000 Federal Aviation Administration for a run- (b) REPAIRS AND ALTERATIONS.—Of the is rescinded. way protection zone, $2,200,000. funds made available under this heading for PAYMENTS FOR OPERATION OF LOW-INCOME (2) Nogales, Arizona, U.S. Border Patrol ‘‘Repairs and Alterations’’ in appropriation HOUSING PROJECTS Station, $2,000,000. Acts for fiscal year 1995 and prior fiscal (3) Sierra Vista, Arizona, U.S. Magistrates years, the following amounts are rescinded (RESCISSION) Office, $1,000,000. from the specified projects: Of the funds made available under this (4) San Francisco, California, lease pur- (1) Walla Walla, Washington, Corps of En- heading in Public Law 103–327, $404,000,000 is chase, $9,700,000. gineers Building, $2,800,000. rescinded. H 3082 CONGRESSIONAL RECORD — HOUSE March 13, 1995

SEVERELY DISTRESSED PUBLIC HOUSING ENVIRONMENTAL PROTECTION AGENCY benefit or assistance to any individual in the (RESCISSION) RESEARCH AND DEVELOPMENT United States when it is made known to the Federal entity or official to which the funds Of the funds made available under this (RESCISSION) are made available that— heading in Public Law 103–327 and any unob- Of the funds made available under this ligated balances from funds appropriated (1) the individual is not lawfully within the heading in Public Law 103–327, $14,635,000 is United States; and under this heading in prior years, $523,000,000 rescinded. is rescinded. (2) the benefit or assistance to be provided ABATEMENT, CONTROL, AND COMPLIANCE is other than search and rescue; emergency DRUG ELIMINATION GRANTS FOR LOW-INCOME (RESCISSION) medical care; emergency mass care; emer- HOUSING gency shelter; clearance of roads and con- Of the funds made available under this (RESCISSION) struction of temporary bridges necessary to heading in Public Law 103–327, $4,806,805 is re- Of the funds made available under this the performance of emergency tasks and es- scinded. heading in Public Law 103–327 and any unob- sential community services; warning of fur- ligated balances from funds appropriated PROGRAM AND RESEARCH OPERATIONS ther risks or hazards; dissemination of public under this heading in prior years, $32,000,000 (RESCISSION) information and assistance regarding health is rescinded. Of the funds made available under this and safety measures; provision of food, YOUTHBUILD PROGRAM heading in Public Law 103–327, $45,000,000 is water, medicine, and other essential needs, (RESCISSION) rescinded. including movement of supplies or persons; or reduction of immediate threats to life, Of the funds made available under this BUILDINGS AND FACILITIES property, and public health and safety. heading in Public Law 103–327, $38,000,000 is (RESCISSION) H.R. 1158 rescinded. Of the funds made available under this HOUSING COUNSELING ASSISTANCE heading in Public Law 103–327 and prior OFFERED BY: MR. BARR (RESCISSION) years, $25,000,000 is rescinded. AMENDMENT NO. 9: Page 52, line 18, strike Of the funds made available under this WATER INFRASTRUCTURE/STATE REVOLVING ‘‘$349,200,000’’ and insert ‘‘$59,200,000’’. heading in Public Law 103–327, $38,000,000 is FUNDS Page 54, line 9, after ‘‘Public Law 103–327’’, rescinded. (RESCISSION) add ‘‘and prior years,’’. FLEXIBLE SUBSIDY FUND Page 54, line 10, strike ‘‘$3,200,000’’ and in- Of the funds made available under this sert ‘‘293,200,000’’. (RESCISSION) heading in Public Law 103–327 for wastewater Of the funds made available under this infrastructure financing, $3,200,000 is re- H.R. 1158 heading in Public Law 103–327 and any unob- scinded, and of the funds made available OFFERED BY: MR. BARR ligated balances from funds appropriated under this heading in Public Law 103–327 and under this heading in prior years, and excess prior years for drinking water state revolv- AMENDMENT NO. 10: Page 22, line 13, strike rental charges, collections and other ing funds, $1,300,000,000 is rescinded. ‘‘$5,000,000’’ and insert ‘‘all unobligated bal- ances’’. amounts in the fund, $8,000,000 is rescinded. NATIONAL AERONAUTICS AND SPACE NEHEMIAH HOUSING OPPORTUNITIES FUND ADMINISTRATION H.R. 1158 (RESCISSION) SCIENCE, AERONAUTICS AND TECHNOLOGY OFFERED BY: MR. BARR Of the funds transferred to this revolving (RESCISSION) AMENDMENT NO. 11: Page 52, line 18, strike fund in prior years, $19,000,000 is rescinded. Of the funds made available under this ‘‘$349,200,000’’ and insert ‘‘$59,200,000’’. HOMELESS ASSISTANCE heading in Public Law 103–327, $38,000,000 is Page 54, line 4, strike ‘‘$25,000,000’’ and in- HOMELESS ASSISTANCE GRANTS rescinded. sert ‘‘$315,000,000’’. Of the funds made available under this CONSTRUCTION OF FACILITIES H.R. 1158 heading in Public Law 103–327, $297,000,000 (RESCISSION) shall not become available for obligation OFFERED BY: MR. BARR until September 30, 1995. Of the funds made available under this AMENDMENT NO. 12: Page 49, line 14, strike heading in Public Law 102–389, for the Con- COMMUNITY PLANNING AND DEVELOPMENT ‘‘$5,733,400,000’’ and insert ‘‘$5,823,400,000’’. sortium for International Earth Science In- Page 52, line 18, strike ‘‘$349,200,000’’ and COMMUNITY DEVELOPMENT GRANTS formation Network, $27,000,000 is rescinded. insert ‘‘$259,200,000’’. (RESCISSION) MISSION SUPPORT H.R. 1158 Of the funds made available under this (RESCISSION) heading in Public Law 103–327 and any unob- OFFERED BY: MR. BREWSTER ligated balances from funds appropriated Of the funds made available under this heading in Public Law 103–327, for adminis- AMENDMENT NO. 13: At the end of the bill, under this heading in prior years, $349,200,000 add the following new title: is rescinded. trative aircraft, $1,000,000 is rescinded. TITLE IV—DEFICIT REDUCTION LOCKBOX POLICY DEVELOPMENT AND RESEARCH NATIONAL SCIENCE FOUNDATION RESEARCH AND TECHNOLOGY RESEARCH AND RELATED ACTIVITIES DEFICIT REDUCTION TRUST FUND (RESCISSION) (RESCISSION) SEC. 4001. (a) ESTABLISHMENT.—There is es- Of the funds made available under this Of the funds made available under this tablished in the Treasury of the United heading in Public Law 103–327, $2,000,000 is re- heading in Public Law 103–327, $228,000,000 is States a trust fund to be known as the ‘‘Defi- scinded. rescinded. cit Reduction Trust Fund’’ (in this title re- ferred to as the ‘‘Fund’’). MANAGEMENT AND ADMINISTRATION ACADEMIC RESEARCH INFRASTRUCTURE (b) CONTENTS.—The Fund shall consist only SALARIES AND EXPENSES (RESCISSION) of amounts transferred to the Fund under (RESCISSION) Of the funds made available under this subsection (c). Of the funds made available under this heading in Public Law 103–327, $131,867,000 is (c) TRANSFERS OF MONEYS TO FUND.—For heading in Public Law 103–327, $22,000,000 is rescinded. each of the fiscal years 1995 through 1998, the rescinded. CORPORATIONS Secretary of the Treasury shall transfer to the Fund amounts equivalent to the net defi- INDEPENDENT AGENCIES FEDERAL DEPOSIT INSURANCE CORPORATION cit reduction achieved during such fiscal CHEMICAL SAFETY AND HAZARD INVESTIGATION FDIC AFFORDABLE HOUSING PROGRAM year as a result of the provisions of this Act. BOARD (RESCISSION) (d) USE OF MONEYS IN FUND.— SALARIES AND EXPENSES Of the funds made available under this (1) IN GENERAL.—Except as provided in (RESCISSION) heading in Public Law 103–327, $11,281,034 is paragraph (2), the amounts in the Fund shall Of the funds made available under this rescinded. not be available, in any fiscal year, for ap- heading in Public Law 103–327, $500,000 is re- propriation, obligation, expenditure, or RESOLUTION TRUST CORPORATION scinded. transfer. RTC REVOLVING FUND COMMUNITY DEVELOPMENT FINANCIAL (2) USE OF AMOUNTS FOR REDUCTION OF PUB- INSTITUTIONS (RESCISSION) LIC DEBT.—The Secretary of the Treasury shall use the amounts in the Fund to re- COMMUNITY DEVELOPMENT FINANCIAL Of the unobligated balances in the RTC Re- deem, or buy before maturity, obligations of INSTITUTIONS FUND volving Fund, $500,000,000 is rescinded. the Federal Government that are included in TITLE III—GENERAL PROVISION PROGRAM ACCOUNT the public debt. Any obligation of the Fed- (RESCISSION) DENIAL OF USE OF FUNDS FOR INDIVIDUALS NOT eral Government that is paid, redeemed, or Of the funds made available under this LAWFULLY WITHIN THE UNITED STATES bought with money from the Fund shall be heading in Public Law 103–327, $124,000,000 is SEC. 3001. None of the funds made available canceled and retired and may not be re- rescinded. in this Act may be used to provide any direct issued. March 13, 1995 CONGRESSIONAL RECORD — HOUSE H 3083

DOWNWARD ADJUSTMENTS IN DISCRETIONARY H.R. 1158 H.R. 1158 SPENDING LIMITS OFFERED BY: MR. CLAY OFFERED BY: MS. DELAURO SEC. 4002. (a) IN GENERAL.—Upon the enact- AMENDMENT NO. 18: On page 23, line 10: AMENDMENT NO. 26: Page 48, strike lines 10 ment of this Act, the Director of the Office strike ‘‘$1,603,094,000’’ and insert through 24. of Management and Budget shall make ‘‘$546,766,000’’. Page 54, line 18, strike ‘‘$38,000,000’’ and in- downward adjustments in the discretionary Page 23, strike line 23 and all that follows sert ‘‘$244,110,000’’. spending limits (new budget authority and through line 25. H.R. 1158 outlays) specified in section 601(a)(2) of the Congressional Budget Act of 1974 for each of H.R. 1158 OFFERED BY: MS. DELAURO the fiscal years 1995 through 1998 by the ag- OFFERED BY: MR. CLAY Substitute For The Amendment Offered By gregate amount of estimated reductions in AMENDMENT NO. 19: Page 29, line 16, strike ———. new budget authority and outlays for discre- ‘‘$757,132,000’’ and insert ‘‘$275,170,000’’. AMENDMENT NO. 27: Page 48, strike lines 10 tionary programs resulting from the provi- Page 29, line 18, strike ‘‘title IV, through 24. sions this Act (other than emergency appro- $481,962,000,’’. Page 54, line 18, strike ‘‘$38,000,000’’ and in- priations) for such fiscal year, as calculated H.R. 1158 sert ‘‘$244,110,000’’. by the Director. H.R. 1158 (b) OUTYEAR TREATMENT OF RESCISSIONS.— OFFERED BY: MR. COLEMAN OFFERED BY: MR. DELAY For discretionary programs for which this AMENDMENT NO. 20: Page 43, after line 23, Act rescinds budget authority for specific insert the following new section: AMENDMENT NO. 28: Page 25, line 12 strike fiscal years, the Director of the Office of SEC. 803. (a) CANCELLATION OF FUNDS FOR ‘‘$82,775,000 are rescinded.’’ and insert the Management and Budget shall include in the HIGHWAY DEMONSTRATION PROJECTS.—Of the following: aggregate amount of the downward adjust- funds made available for highway dem- $107,775,000 are rescinded, including ments under subsection (a) amounts reflect- onstration projects of the Federal Highway $25,000,000 from funds made available for car- ing budget authority reductions for the suc- Administration in any appropriation Act or rying out title X of the Public Health Serv- ceeding fiscal years through 1998, calculated P.L. 102–240, and that have not been obli- ice Act. by inflating the amount of the rescission gated for construction, the Secretary of H.R. 1158 using the baseline procedures identified in Transportation shall cancel $400,000,000 in OFFERED BY: MR. DELAY section 257 of the Balanced Budget and unobligated balances. Funds may not be can- Emergency Deficit Control Act of 1985. celed under this section for any project that AMENDMENT NO. 29: On page 25, line 5 strike ‘‘$16,072,000’’ and insert ‘‘$19,572,000.’’ PROHIBITION ON USE OF SAVINGS TO OFFSET is under construction. DEFICIT INCREASES RESULTING FROM DIRECT (b) PROJECTS SUBJECT TO CANCELLATION.— H.R. 1158 SPENDING OR RECEIPTS LEGISLATION Funds may be cancelled under this section OFFERED BY: MR. DOOLEY only for projects that— SEC. 4003. Reductions in outlays, and re- AMENDMENT NO. 30: Page 23, line 10, strike (1) have low economic rates of return, if ductions in the discretionary spending limits ‘‘$1,603,094,000’’ and insert ‘‘$2,059,376,000’’. such measures are available; specified in section 601(a)(2) of the Congres- Page 23, line 11, strike ‘‘$10,000,000’’ and in- (2) have low benefits relative to costs, if sional Budget Act of 1974, resulting from the sert ‘‘$410,000,000’’. such measures are available; or enactment of this Act shall not be taken Page 23, line 13, strike ‘‘$12,500,000’’ and in- (3) have low priority in the transportation into account for purposes of section 252 of sert ‘‘$84,500,000’’. plans of the State, local government, or the Balanced Budget and Emergency Deficit Page 23, line 17, strike ‘‘$33,000,000’’ and in- other contracting authority having respon- Control Act of 1985. sert ‘‘$66,800,000’’. sibility for the project. H.R. 1158 Page 23, line 18, strike ‘‘$310,000,000’’ and (c) NOTIFICATION REQUIREMENT.—No can- insert ‘‘$159,700,000’’. OFFERED BY: MS. BROWN OF FLORIDA cellation under this section shall take effect Page 23, strike lines 23 through 25. until 30 days after the Secretary of Trans- AMENDMENT NO. 14: Page 48, strike lines 10 Page 24, line 14, strike ‘‘$12,000,000’’ and in- through 24. portation submits to the Congress a notifica- sert ‘‘$66,000,000’’. tion of the proposed cancellation. H.R. 1158 Page 24, line 18, strike ‘‘$3,253,097,000’’ and (d) DEFINITION.—For purposes of this sec- insert ‘‘$3,153,097,000’’. OFFERED BY: MS. BROWN OF FLORIDA tion, the term ‘‘construction’’ refers to a Page 28, line 14, strike ‘‘$186,030,000’’ and AMENDMENT NO. 15: Page 48, line 24, insert project or segment of a project for which a insert ‘‘$258,030,000’’. after ‘‘rescinded’’ the following: construction contract for physical construc- Page 28, line 20, strike ‘‘$12,500,000’’ and in- tion has been awarded by the State, local That such rescission shall not be sert ‘‘$84,500,000’’. Provided, government, or other contracting authority taken from amounts made available for am- Page 28, line 22, strike ‘‘$3,125,000’’ and in- having responsibility for the project, regard- bulatory care projects at Gainesville or Or- sert ‘‘$75,125,000’’. less of whether other obligations (such as for lando, in the State of Florida. preliminary engineering or environmental H.R. 1158 H.R. 1158 studies) have been incurred. OFFERED BY: MR. FIELDS OF LOUISIANA OFFERED BY: MR. CASTLE H.R. 1158 AMENDMENT NO. 31: Page 31, line 12, strike ‘‘$102,246,000’’ and insert ‘‘$91,046,000’’. AMENDMENT NO. 16: On page 2, line 15: OFFERED BY: MR. CRANE Strike $5,360,000,000 and Insert: $4,360,000,000 Page 31, line 15, strike ‘‘title IV–A–2, chap- AMENDMENT NO. 21: Page 22, line 13, strike ter 1, $11,200,000,’’. Explanation: The purpose of the amend- ‘‘$5,000,000’’ and insert ‘‘all unobligated bal- H.R. 1158 ment is to reduce the amount available for ances’’. Disaster Assistance by $1 Billion. A signifi- OFFERED BY: MR. FIELDS OF LOUISIANA cant portion of the Disaster Supplemental H.R. 1158 AMENDMENT NO. 32: Page 29, line 16, strike Appropriations is to repair public buildings OFFERED BY: MR. CRANE ‘‘$757,132,000’’ and insert ‘‘$275,170,000’’. damaged by the Northridge earthquake. The AMENDMENT NO. 22: Page 22, line 13, strike Page 29, line 18, strike ‘‘title IV, Federal Emergency Management Agency ‘‘$5,000,000’’ and insert ‘‘$10,000,000’’. $481,962,000,’’. (FEMA) has indicated that a significant por- tion of the funds designated for repair of H.R. 1158 H.R. 1158 public buildings could not be expended until OFFERED BY: MR. CRANE OFFERED BY: MR. FIELDS OF LOUISIANA Fiscal years 1997 or 1998. Therefore, if need- AMENDMENT NO. 23: Page 22, line 13, strike AMENDMENT NO. 33: Page 23, line 10, strike ed, these funds could be appropriated in fu- ‘‘$5,000,000’’ and insert ‘‘$15,000,000’’. ‘‘$1,603,094,000’’ and insert ‘‘$188,481,000’’. ture years. H.R. 1158 Page 23, beginning on line 11, strike H.R. 1158 ‘‘$10,000,000 for necessary expenses of con- OFFERED BY: MR. CRANE struction, rehabilitation, and acquisition of OFFERED BY: MR. CASTLE AMENDMENT NO. 24: page 33, line 20, strike new Job Corps centers, $12,500,000 for the AMENDMENT NO. 17: On page 29, Line 18: ‘‘$47,000,000’’ and insert ‘‘$112,000,000’’. School-to-Work Opportunities Act,’’. Strike $60,000,000 and Insert: $80,000,000. Page 33, line 22, strike ‘‘$94,000,000’’ and in- Page 23, beginning on line 18, strike On Page 29, Line 18: Strike: $481,962,000 and sert ‘‘$215,000,000’’. ‘‘$310,000,000 for carrying out title II, part C Insert $461,962,000. H.R. 1158 of such Act,’’. Explanation: The purpose of this amend- Page 23, strike lines 23 through 25. ment is to restore $20 million in the Safe and OFFERED BY: MR. CRANE H.R. 1158 Drug-Free Schools program to be used to Amendment No. 25: Page 33, line 20, strike continue funding for the Drug Abuse Resist- ‘‘$47,000,000’’ and insert ‘‘$112,000,000’’. OFFERED BY: MR. FOGLIETTA ance Education Program (D.A.R.E.) A cor- Page 33, line 22, strike ‘‘$94,000,000’’ and in- AMENDMENT NO. 34: Page 23, line 10, strike responding reduction of $20 million is made sert ‘‘$215,000,000’’. ‘‘$1,603,094,000’’ and insert ‘‘$825,376,000’’. in the Eisenhower professional development Page 30, line 23, strike ‘‘$151,888,000’’ and Page 23, strike lines 23 through 25. State grants program. insert ‘‘$101,888,000’’. Page 34, after line 5, insert the following: H 3084 CONGRESSIONAL RECORD — HOUSE March 13, 1995 DEPARTMENT OF DEFENSE, MILITARY H.R. 1158 Low-Income Housing Projects’’, rental as- AIRCRAFT PROCUREMENT, AIR FORCE OFFERED BY: MR. GUNDERSON sistance under the section 8 existing certifi- cate program and the section 8(i) housing (RESCISSION) AMENDMENT NO. 38: On p. 2 line 15, delete voucher program, and the aggregate amount Of the funds made available under this $5,360,000,000 and insert $4,760,000,000. heading in Public Law 103–335, the following On page 49, line 20, delete $2,694,000,000 and under ‘‘Annual Contributions for Assisted amounts are rescinded from the specified insert $2,194,000,000. Housing’’, respectively), by $632,000,000. programs: On page 50, line 6, delete $186,000,000 and in- H.R. 1158 (1) Bomber Industrial Base, $125,000,000. sert $86,000,000. (2) B–2A MYP, $339,384,000. H.R. 1158 OFFERED BY: MR. KENNEDY OF MASSACHUSETTS RESEARCH, DEVELOPMENT, TEST AND OFFERED BY: MR. GUTIERREZ EVALUATION, AIR FORCE AMENDMENT NO. 45: At the end of the bill, AMENDMENT NO. 39: Page 27, strike lines 2 add the following new title: (RESCISSION) through 6. Of the funds made available under this H.R. 1158 TITLE IV—ADDITIONAL PROVISIONS heading in Public Law 103–335, the following FFERED Y R UTIERREZ amounts are rescinded from the specified O B : M . G RESTORATION OF HOUSING FUNDING AMENDMENT NO. 40: Page 50, beginning on programs: SEC. 4001. The amounts otherwise specified (1) Milstar Satellite, $607,248,000. line 6, strike ‘‘$186,000,000 shall be from by this Act are revised by reducing the (2) B–2 Advanced Technology Bomber, amounts earmarked for housing opportuni- amount appropriated for ‘‘Federal Emer- $388,543,000. ties for persons with AIDS;’’. gency Management Agency—Disaster Re- H.R. 1158 Conform the aggregate amount set forth lief’’, and reducing the amount rescinded on page 49, line 14, accordingly. OFFER BY: MR. FOGLIETTA from ‘‘DEPARTMENT OF HOUSING AND Amendment No. 35, Page 25, line 12, strike H.R. 1158 URBAN DEVELOPMENT’’ (consisting of re- ‘‘$82,775,000’’ and insert ‘‘$72,775,000’’. OFFERED BY: MR. GUTIERREZ ductions of rescissions by $37,000,000, Page 26, line 4, strike ‘‘$50,000,000’’ and in- AMENDMENT NO. 41: Page 5, after line 18, in- $32,000,000, $90,000,000, $404,000,000, $69,000,000, sert ‘‘$60,000,000’’. sert the following: and $159,000,000 for ‘‘Congregate Services’’. ‘‘Drug Elimination Grants for Low-Income H.R. 1158 COMMODITY CREDIT CORPORATION FUND OFFERED BY: MS. FURSE Housing’’, the lead-based paint hazard reduc- MARKET PROMOTION PROGRAM tion program, ‘‘Payments for Operation of AMENDMENT NO. 36: Page 55, after line 16, (RESCISSION) Low-Income Housing Projects’’, rental as- insert the following: All unobligated balances available to carry sistance under the section 8 existing certifi- CHAPTER XI out the Market Promotion Program under cate program and the section 8(o) housing DEPARTMENT OF DEFENSE, MILITARY section 203 of the Agricultural Trade Act of voucher program, and the aggregate amount RESEARCH, DEVELOPMENT, TEST AND 1978 (7 U.S.C. 5623) are rescinded. under ‘‘Annual Contributions for Assisted EVALUATION H.R. 1158 Housing’’, respectively), by $791,000,000. RESEARCH, DEVELOPMENT, TEST AND OFFERED BY: MR. HORN H.R. 1158 EVALUATION, ARMY AMENDMENT NO. 42, Page 23, line 10, strike (RESCISSION) OFFERED BY: MR. KLUG ‘‘$1,603,094,000’’ and insert ‘‘$1,198,124,000’’. Of the funds made available under this Page 25, line 23, strike ‘‘$20,000,000’’ and in- AMENDMENT NO. 46: Page 13, line 9, strike heading in Public Law 103–335, $486,600,000 is sert ‘‘$120,000,000’’. ‘‘$10,000,000’’ and insert ‘‘$117,500,000’’. rescinded, to be derived from the Comanche Page 28, line 14, strike ‘‘$186,030,000’’ and H.R. 1158 helicopter. insert ‘‘$391,000,000’’. RESEARCH, DEVELOPMENT, TEST AND Page 29, line 16, strike ‘‘$757,132,000’’ and OFFERED BY: MR. MCINTOSH EVALUATION, NAVY insert ‘‘$857,132,000’’. AMENDMENT NO. 47: Page 16, line 14, strike (RESCISSION) Page 29, line 18, strike ‘‘$60,000,000’’ and in- ‘‘$2,000,000’’ and insert ‘‘$19,540,000’’. Of the funds made available under this sert ‘‘$160,000,000’’. Page 20, line 13, strike ‘‘$46,228,000’’ and in- heading in Public Law 103–335, $2,158,000,000 H.R. 1158 sert ‘‘$26,228,000’’. is rescinded, to be derived from the following OFFERED BY: MR. KENNEDY OF After page 17, line 5, insert: programs in the specified amounts: MASSACHUSETTS (1) F/A–18E/F fighter and attack aircraft ‘‘COOPERATIVE ENDANGERED SPECIES program, $1,249,700,000. AMENDMENT NO. 43: Page 27, strike lines 2 CONSERVATION FUND (2) New attack submarine program, through 6. $455,600,000. Page 34, after line 5, insert the following: ‘‘(RESCISSION) (3) V–22 Osprey program, $452,700,000. DEPARTMENT OF DEFENSE—MILITARY ‘‘Of the funds available under this heading RESEARCH, DEVELOPMENT, TEST AND RESEARCH, DEVELOPMENT, TEST, AND in Public Law 103–138, $8,290,000 are re- EVALUATION, AIR FORCE EVALUATION scinded’’. (RESCISSION) RESEARCH, DEVELOPMENT, TEST, AND H.R. 1158 Of the funds made available under this EVALUATION, AIR FORCE OFFERED BY: MR. MCINTOSH heading in Public Law 103–335, $2,941,500,000 (RESCISSION) is rescinded, to be derived from the following Of the funds made available under this AMENDMENT NO. 48: Page 16, line 14, strike programs in the specified amounts: heading in Public Law 103–335, $1,319,204,000 ‘‘$2,000,000’’ and insert ‘‘$19,540,000’’. (1) F–22 fighter aircraft program, are rescinded; Provided, That this amount is After page 17, line 5, insert: $2,325,300,000. to be taken from amounts available for the (2) Milstar communications satellite pro- ‘‘COOPERATIVE ENDANGERED SPECIES F–22 aircraft program. gram, $616,200,000. CONSERVATION FUND H.R. 1158 RESEARCH, DEVELOPMENT, TEST AND ‘‘(RESCISSION) EVALUATION, DEFENSE-WIDE OFFERED BY: MR. KENNEDY OF MASSACHUSETTS ‘‘Of the funds available under this heading (RESCISSION) in Public Law 103–138, $8,290,000 are re- AMENDMENT NO. 44: At the end of the bill, Of the funds made available under this scinded’’. add the following new title: heading in Public Law 103–335, $2,467,600,000 On page 36, lines 5 through 10, strike the is rescinded, to be derived from the ballistic TITLE IV—ADDITIONAL PROVISIONS text. missile defense program. RESTORATION OF HOUSING FUNDING H.R. 1158 H.R. 1158 SEC. 4001. The amounts otherwise specified OFFERED BY: MS. FURSE by this Act are revised by reducing the OFFERED BY: MR. MCINTOSH amount appropriated for ‘‘Federal Emer- AMENDMENT NO. 37: Page 55, after line 16, AMENDMENT NO. 49: Page 16, line 14, strike insert the following: gency Management Agency—Disaster Re- ‘‘$2,000,000’’ and insert ‘‘$19,540,000’’. CHAPTER XI lief’’, and reducing the amount rescinded After page 17, line 5, insert: from ‘‘DEPARTMENT OF HOUSING AND DEPARTMENT OF DEFENSE, MILITARY URBAN DEVELOPMENT’’ (consisting of re- PROCUREMENT ‘‘COOPERATIVE ENDANGERED SPECIES ductions of rescissions by $37,000,000, CONSERVATION FUND PROCUREMENT, DEFENSE-WIDE $32,000,000, $90,000,000, $404,000,000, $69,000,000, (RESCISSION) and $159,000,000 for ‘‘Congregate Services’’, ‘‘(RESCISSION) Of the funds made available under this ‘‘Drug Elimination Grants for Low-Income ‘‘Of the funds available under this heading heading in Public Law 103–335, $1 is re- Housing’’, the lead-based paint hazard reduc- in Public Law 103–138, $8,290,000 are re- scinded. tion program, ‘‘Payments for Operation of scinded’’. March 13, 1995 CONGRESSIONAL RECORD — HOUSE H 3085 H.R. 1158 Page 50, line 6, strike ‘‘$1,157,000,000’’ and On page 25 line 12, strike ‘‘$82,775,000’’ and OFFERED BY: MR. MCINTOSH all that follows through ‘‘103–327;’’ on page insert ‘‘$72,775,000’’. 50, line 1. 6. Low Income Energy Assistance: AMENDMENT NO. 50: Page 16, line 14, strike Page 49, line 17, strike ‘‘$186,000,000’’ and On page 27, strike lines 2 through 6. ‘‘$2,000,000’’ and insert ‘‘$19,540,000’’. all that follows through the semicolon at the 7. Education Reform: H.R. 1158 end of line 7. On page 28 line 14, strike ‘‘186,030,000’’ and OFFERED BY: MR. MONTGOMERY Page 55, after line 16, insert the following: insert ‘‘$103,530,000’’. AMENDMENT NO. 51: Page 48, strike lines 10 DEPARTMENT OF DEFENSE, MILITARY On page 28 line 15, strike ‘‘142,000,000’’ and through 24. RESEARCH, DEVELOPMENT, TEST AND insert ‘‘$83,000,000’’. On page 28 line 16, strike ‘‘$21,530,000’’ and H.R. 1158 EVALUATION insert ‘‘10,530,000’’. RESEARCH, DEVELOPMENT, TEST AND OFFERED BY: MR. MONTGOMERY On page 28 line 19 after the word ‘‘Act’’ EVALUATION, AIR FORCE AMENDMENT NO. 52: At the end of the bill, strike all through the word ‘‘partnerships’’ add the following new title: (RESCISSION) on line 23. TITLE IV—ADDITIONAL PROVISIONS Of the funds made available under this 8. Education for the Disadvantaged: heading in Public Law 103–335, $2,385,000,000 On page 29 line 4 strike all after ‘‘103–333,’’ RESTORATION OF VETERANS FUNDING is rescinded, to be derived from the C–17 pro- through line 7 and insert ‘‘$8,270,000 from SEC. 4001. The amounts otherwise specified gram. part E, section 1501 are rescinded.’’ by this Act are revised by reducing the SHIPBUILDING AND CONVERSION, NAVY 9. School Improvement: amount appropriated for ‘‘Federal Emer- (RESCISSION) On page 29 line 16 strike ‘‘757,132,000’’ and gency Management Agency—Disaster Re- insert ‘‘$408,321,000’’. Of the funds made available under this lief’’, and reducing the amount rescinded On page 29 line 18, strike ‘‘60,000,000’’ and heading in Public Law 103–335, $2,000,000,000 from ‘‘DEPARTMENT OF VETERANS AF- insert ‘‘$40,000,000’’. is rescinded, to be derived from the CVN 76 FAIRS’’ (consisting of reductions of rescis- On page 29 line 18, strike ‘‘481,962,000’’ and program. sions by $50,000,000 and $156,110,000 for ‘‘Vet- insert ‘‘181,962,000’’. erans Health Administration—Medical Care’’ RESEARCH, DEVELOPMENT, TEST AND On page 29 line 22 strike all after the semi- and ‘‘Departmental Administration—Con- EVALUATION, NAVY colon through the semicolon on line 23. struction, Major Projects’’, respectively), by (RESCISSION) 10. Vocational and Adult Education: $206,110,000. Of the funds made available under this On page 30 line 20, strike ‘‘$232,413,000’’ and H.R. 1158 heading in Public Law 103–335, $158,100,000 is insert ‘‘$124,413,000’’. OFFERED BY: MR. MURTHA rescinded, to be derived from the Sea Wolf On page 30 line 22, strike ‘‘–B, and –E’’ and insert ‘‘and –B’’. AMENDMENT NO. 53: Add the following Sec- program. tion to the end of the bill: H.R. 1158 On page 30 line 23, strike ‘‘$151,888,000’’ and insert ‘‘$43,888,000’’. ‘‘SAVINGS TO BE USED EXCLUSIVELY FOR OFFERED BY: MR. OBEY 11. Student Financial Assistance: DEFICIT REDUCTION AMENDMENT NO. 58: 1. Disaster Assistance: On page 31 line 6, strike ‘‘$83,375,000’’ and ‘‘SEC. 302. An amount equal to the net On page 2 strike 11 through 20 and insert insert ‘‘$20,000,000’’. budget authority reduced in this Act is here- the following: On page 31 lines 7 & 8 strike ‘‘part A–4 by appropriated into the Deficit Reduction DISASTER ASSISTANCE LOAN GUARANTEES and’’. Fund established pursuant to Executive Subject to such terms, fees, and conditions 12. Corporation for Public Broadcasting: Order 12858 to be used exclusively to reduce as the Secretary of the Treasury determines On page 33 line 20, strike ‘‘$47,000,000’’ and the Federal deficit: Provided, That such to be appropriate and without regard to fis- insert ‘‘$31,000,000’’. amount is designated by Congress as an cal year limitation, the Director of the Fed- On page 33 line 22, strike ‘‘$94,000,000’’ and emergency requirement pursuant to section eral Emergency Management Agency may insert ‘‘$34,000,000’’. 251(b)(2)(D)(i) of the Balanced Budget and make commitments to guarantee, and may 13. Veterans Medical Care: Emergency Deficit Control Act of 1985, as issue guarantees, against losses incurred in On page 48 strike lines 10 through 24. amended.’’ connection with loans to States made to 14. Assisted Housing: H.R. 1158 carry out disaster relief activities and func- On page 49 line 14, strike ‘‘$5,733,400,000’’ OFFERED BY: MR. MURTHA tions described in the Robert T. Stafford Dis- and insert ‘‘$5,018,400,000’’. aster Relief and Emergency Assistance Act On page 49 line 17, strike ‘‘$1,157,000,000’’ AMENDMENT NO. 54: Add the following Sec- and insert ‘‘$467,000,000’’. tion to the end of the bill: for major disasters and emergencies declared under such Act and occurring before March On page 50 line 4, strike ‘‘$90,000,000’’ and ‘‘SAVINGS TO BE USED EXCLUSIVELY FOR 1, 1995. The aggregate principal amount of insert ‘‘$65,000,000’’. DEFICIT REDUCTION loans guaranteed under this head may not On page 50, strike lines 22 through 26. ‘‘SEC. 302. An amount equal to the net exceed $5,360,000,000. The Secretary of the H.R. 1158 budget authority reduced in this Act is here- Treasury shall establish terms, rates of in- by appropriated into the Deficit Reduction terest, and other conditions for such loans as OFFERED BY: MR. PORTER Fund established pursuant to Executive may be necessary to ensure that the aggre- AMENDMENT NO. 59: On page 23, line 10: Order 12858 to be used exclusively to reduce gate cost (as such term is defined in section strike ‘‘$1,603,094,000’’ and insert ‘‘$1,601,850’’. the Federal deficit: Provided, That such 502 of the Congressional Budget Act of 1974) On page 24, line 18: strike ‘‘$3,253,097,000’’ amount is designated by Congress as an of the guarantees for such loans does not ex- and insert ‘‘$3,221,397,000’’. emergency requirement pursuant to section ceed the amount appropriated under this On page 25, line 12: strike ‘‘$82,775,000’’ and 251(b)(2)(D)(i) of the Balanced Budget and head. insert ‘‘$53,925,000’’. Emergency Deficit Control Act of 1985, as For the cost, as such term is defined in sec- On page 26, line 20: strike ‘‘$2,168,935,000’’ amended. None of the savings derived from tion 502 of the Congressional Budget Act of and insert ‘‘$2,178,935,000’’. the net budget authority reduced in this Act 1974, of guarantees under this head, On page 29, line 4: strike ‘‘$113,270,000’’ and shall be used as a budgetary offset for any $536,000,000, to remain available until ex- insert ‘‘$148,570,000’’ and on line 5: strike subsequent legislation that reduces Federal pended, and such amount is hereby des- ‘‘$105,000,000’’ and insert ‘‘$140,000,000’’. tax revenue.’’ ignated by the Congress as an emergency re- On page 29, line 16: strike ‘‘$757,132,000’’ and H.R. 1158 quirement pursuant to section 251(b)(2)(D)(i) insert ‘‘$747,021,000’’. OFFERED BY: MR. NADLER of the Balanced Budget and Emergency Defi- On page 29, line 18: strike ‘‘$60,000,000’’ and cit Control Act of 1985. insert ‘‘$90,000,000’’. AMENDMENT NO. 55: Page 20, line 5, strike 1A. Disaster Assistance alternative: On page 29, line 19: strike ‘‘–D,’’ and ‘‘–E’’. ‘‘$18,650,000’’ and insert ‘‘$28,650,000’’. On page 2 line 15, strike ‘‘$5,360,000,000’’ and On page 29, line 20: strike ‘‘$21,384,000’’ and Page 22, strike lines 7 through 18. insert ‘‘$536,000,000’’ insert ‘‘$10,084,000’’. H.R. 1158 2. WIC, Women, Infants and Children: On page 29, line 22: strike all after the OFFERED BY: MR. NADLER On page 6, strike lines 17 through 22. semicolon through the semicolon on page 29, AMENDMENT NO. 56: Page 12, line 18, strike 3. Training & Employment Services: line 23. ‘‘$116,500,000’’ and insert ‘‘$81,500,000’’. On page 23 line 10, strike ‘‘$1,603,094,000’’ On page 30, line 20: strike ‘‘$232,413,000’’ and Page 13, line 14, strike ‘‘$5,000,000’’ and in- and insert ‘‘$940,594,000’’. insert ‘‘$119,544,000’’. sert ‘‘$40,000,000’’. On page 23 lines 13 & 14, strike ‘‘$12,500,000 On page 30, line 22: after ‘‘III–A,’’ insert for the School-to-Work Opportunities Act,’’. ‘‘and’’. H.R. 1158 On page 23, strike lines 23 through 25. On page 30, line 22: strike ‘‘and –E,’’. OFFERED BY: MR. NADLER 4. Community Services Employment for On page 30, line 23: strike ‘‘$151,888,000’’ and AMENDMENT NO. 57: Page 49, line 14, strike Older Americans: insert ‘‘$43,888,000’’. out ‘‘$5,733,400,000’’ and insert On page 24 strike lines 1 through 9. On page 30, line 24: strike ‘‘section’’. ‘‘$1,696,400,000’’. 5. Health Resources and Services: On page 30, line 25: strike ‘‘384(c),’’. H 3086 CONGRESSIONAL RECORD — HOUSE March 13, 1995 On page 30, line 25: strike ‘‘$31,392,000’’ and H.R. 1158 H.R. 1158 insert ‘‘$26,523,000’’ OFFERED BY: MR. ROEMER OFFERED BY: MR. STEARNS On page 31, line 6: strike ‘‘$83,375,000’’ and AMENDMENT NO. 63: Page 53, strike lines 8 insert ‘‘$187,475,000’’ AMENDMENT NO. 73: Page 45, after line 15, through 17. On page 31, line 7: after ‘‘IV,’’ insert ‘‘part insert the following: Page 54, after line 18, insert the following: A–1,’’ EXCHANGE STABILIZATION FUND On page 33, line 11: strike ‘‘$34,742,000’’ and HUMAN SPACE FLIGHT insert ‘‘$26,716,000’’; and (RESCISSION) (RESCISSION) On page 33, line 13: after ‘‘$15,300,000’’ Of the funds made available under this Of the funds in the Exchange Stabilization strike ‘‘, and part VI, $8,026,000’’ heading in Public Law 103–327 for the space Fund, all unobligated balances are rescinded. H.R. 1158 station, $210,000,000 are rescinded. H.R. 1158 OFFERED BY: MR. PORTER H.R. 1158 OFFERED BY: MR. STOKES MENDMENT O AMENDMENT NO. 60: On page 23, line 10: OFFERED BY: MR. ROEMER A N . 74: On page 2, line 15, strike ‘‘$5,360,000,000’’ and insert in lieu Strike ‘‘$1,603,094,000’’ and insert AMENDMENT NO. 64: Page 29, line 18, strike thereof, ‘‘$3,360,000,000’’. ‘‘$1,680,550,000’’ ‘‘$481,962,000’’ and insert ‘‘$308,337,000’’. On page 48, strike lines 10 through 24. On page 24, line 18: strike ‘‘$3,253,097,000’’ Page 29, line 19, insert ‘‘title VI, On page 49, line 14, strike ‘‘$5,733,400,000’’ and insert ‘‘$3,221,397,000’’ $173,625,000,’’ after ‘‘$28,000,000,’’. and insert in lieu thereof, ‘‘$4,914,300,000’’. On page 25, line 12: strike ‘‘$82,775,000’’ and H.R. 1158 On page 49, line 17, strike ‘‘$1,157,000,000’’ insert ‘‘$53,925,000’’ and insert in lieu thereof, ‘‘$756,000,000’’. OFFERED BY: MR. ROEMER On page 26, line 20: strike ‘‘$2,168,935,000’’ On page 50, line 2, strike ‘‘$465,100,000’’ and and insert ‘‘$2,178,935,000’’ AMENDMENT NO. 65: On page 53, eliminate insert in lieu thereof, ‘‘$150,000,000’’. On page 29, line 4: strike ‘‘$113,270,000’’ and lines 8 through 17. On page 50, line 4, strike ‘‘$90,000,000’’ and insert ‘‘$148,570,000’’ and on line 5: strike On page 55, after line 16, enter: insert in lieu thereof, ‘‘$80,000,000’’. ‘‘$105,000,000’’ and insert ‘‘$140,000,000’’ CHAPTER XI On page 50, line 6, strike ‘‘$186,000,000’’ and insert in lieu thereof, ‘‘$86,000,000’’. On page 29, line 16: strike ‘‘$757,132,000’’ and NATIONAL SECURITY insert ‘‘$772,421,000’’ On page 50, strike lines 22 through 26. (RECISSION) On page 29, line 18: strike ‘‘$60,000,000’’ and On page 51, line 6, strike ‘‘$523,000,000’’ and insert ‘‘$115,400,000’’ Of the funds made available under this insert in lieu thereof, ‘‘$333,410,000’’. On page 29, line 19: strike ‘‘–D,’’ and ‘‘–E’’ heading from Public Law 103–335, $210,000,000 On page 51, strike lines 7 through 12. On page 29, line 20: strike ‘‘$21,384,000’’ and are rescinded from the account for ‘‘National On page 52, strike lines 12 through 18. insert ‘‘$10,084,000’’ Missile Defense.’’ H.R. 1158 On page 29, line 22: strike all after the H.R. 1158 OFFERED BY: MR. STUMP semicolon through the semicolon on page 29, OFFERED BY: MR. ROHRABACHER AMENDMENT NO. 75: Page 48, strike lines 10 line 23 through 24. AMENDMENT NO. 66: Page 20, line 5, strike Page 53, line 13, strike ‘‘$210,000,000’’ and On page 30, line 20: strike ‘‘$232,413,000’’ and ‘‘$18,650,000’’ and insert ‘‘$23,450,000.’’ insert ‘‘$119,544,000’’ all that follows through line 17 and insert On page 30, line 22, after ‘‘III–A,’’ insert H.R. 1158 ‘‘$416,110,000 are rescinded.’’. ‘‘and’’ OFFERED BY: MR. ROMERO-BARCELO´ H.R. 1158 On page 30, line 22: strike ‘‘and–E,’’ AMENDMENT NO. 67: Page 48, strike lines 10 OFFERED BY: MRS. THURMAN On page 30, line 23: strike ‘‘$151,888,000’’ and through 24. AMENDMENT NO. 76: Page 12, line 18, strike insert ‘‘$43,888,000’’ Page 54, line 23, strike ‘‘$27,000,000’’ and in- ‘‘$116,500,000’’ and insert ‘‘$183,500,000’’. On page 30, line 24: strike ‘‘section’’ sert ‘‘$233,110,000’’. Page 13, line 9, strike ‘‘$10,000,000’’ and in- sert ‘‘$63,200,000’’. On page 30, line 25: strike ‘‘384(c),’’ H.R. 1158 On page 30, line 25: strike ‘‘$31,392,000’’ and Page 15, line 26, strike ‘‘$4,500,000’’ and in- insert ‘‘$26,523,000’’ OFFERED BY: MS. ROYBAL-ALLARD sert ‘‘$11,000,000’’. On page 33, line 11: strike ‘‘$34,742,000’’ and AMENDMENT NO. 68: Page 50, strike line 16 Page 48, strike lines 10 through 24. insert ‘‘$26,716,000’’, and through 21. Page 46, line 11, after ‘‘rescinded’’ insert ‘‘; Page 54, line 18, strike ‘‘$38,000,000’’ and in- for Albuquerque, New Mexico, U.S. Court On page 33, line 13: after ‘‘$15,300,000’’ House, $44,300,000 are rescinded; for Long Is- strike ‘‘, and part VI $8,026,000’’ sert ‘‘$75,000,000’’. land, New York, U.S. Court House, $23,200,000 H.R. 1158 H.R. 1158 are rescinded; for Steubenville, Ohio, U.S. Court House, $2,800,000 are rescinded’’. OFFERED BY: MR. ROEMER OFFERED BY: MR. SCARBOROUGH Page 55, after line 16, insert the following: AMENDMENT NO. 69: Page 34, line 8, insert AMENDMENT NO. 61: At the end of the bill, CHAPTER XI add the following new title: ‘‘(a)’’ after ‘‘601.’’. DEPARTMENT OF DEFENSE—MILITARY TITLE IV—DEFICIT AND DEBT Page 34, after line 13, insert the following PROCUREMENT REDUCTION ASSURANCE new subsection: (b) Notwithstanding any other provision of AIRCRAFT PROCUREMENT, ARMY TRANSFER OF SAVINGS TO PRESIDENT’S DEFICIT section 458 of the Higher Education Act of (RESCISSION) REDUCTION FUND 1965 (20 U.S.C. 1087h), none of the funds made Of the funds made available under this SEC. 4001. (a) IN GENERAL.—For each of the available under such section may be used by heading in Public Law 103–335, $11,000,000 are fiscal years 1995 through 1998, the Secretary the Secretary of Education after the date of rescinded. of the Treasury shall transfer to the Deficit the enactment of this Act to hire additional H.R. 1158 Reduction Fund established by Executive fulltime equivalent employees for the sole or OFFERED BY: MS. WATERS Order 12858 (58 Fed. Reg. 42185) amounts partial purpose of administering the Federal equivalent to the net deficit reduction Direct Student Loan Program. AMENDMENT NO. 77: Page 23, line 10, strike ‘‘$1,603,094,000’’ and insert ‘‘$1,578,309,000’’. achieved during such fiscal year as a result H.R. 1158 of the provisions of this Act. H.R. 1158 OFFERED BY: MR. SHAYS (b) COORDINATION OF PROVISIONS.—Such OFFERED BY: MS. WATERS amounts shall be in addition to the amounts AMENDMENT NO. 70: Page 50, beginning on AMENDMENT NO. 78: Page 23, line 10, strike specified in section 2(b) of such order, but line 6, strike ‘‘$186,000,000 shall be from ‘‘$1,603,094,000’’ and insert ‘‘$1,598,083,000’’. shall be subject to the requirements and lim- amounts earmarked for housing opportuni- H.R. 1158 itations set forth in sections 2(c) and 3 of ties for persons with AIDS;’’. OFFERED BY: MR. WOLF Conform the aggregate amount set forth such order. AMENDMENT NO. 79: Page 25, line 12, strike on page 49, line 14, accordingly. PROHIBITION ON USE OF SAVINGS TO OFFSET ‘‘82,775,000’’ and insert ‘‘82,775,001’’. Page 54, line 18, strike ‘‘$38,000,000’’ and in- DEFICIT INCREASES RESULTING FROM DIRECT H.R. 1158 sert ‘‘$224,000,000’’. SPENDING OR RECEIPTS LEGISLATION OFFERED BY: MR. YOUNG OF FLORIDA H.R. 1158 SEC. 4002. Reductions in outlays resulting AMENDMENT NO. 80: Page 48, strike lines 10 from the enactment of this Act shall not be OFFERED BY: MR. STEARNS through 24. taken into account for purposes of section AMENDMENT NO. 71: Page 48, strike lines 10 Page 53, line 13, strike ‘‘$210,000,000’’ and 252 of the Balanced Budget and Emergency through 24. insert ‘‘$416,110,000’’. Deficit Control Act of 1985. Page 53, line 22, strike ‘‘$14,635,000’’ and in- Page 53, line 14, insert ‘‘$386,212,000 of’’ after ‘‘That’’. H.R. 1158 sert ‘‘$220,745,000’’. H.R. 1158 OFFERED BY: MR. ROEMER H.R. 1158 OFFERED BY: MR. YOUNG OF FLORIDA OFFERED BY: MR. STEARNS AMENDMENT NO. 62: Page 26, line 20, strike AMENDMENT NO. 81: Page 48, strike lines 20 ‘‘$2,168,935,000’’ and insert ‘‘$2,119,253,000’’. AMENDMENT NO. 72: Page 22, line 13, strike through 24. Page 29, line 18 strike ‘‘$481,962,000’’ and in- ‘‘$5,000,000’’ and insert ‘‘all unobligated bal- Page 53, line 13, strike ‘‘$210,000,000’’ and sert ‘‘$432,280,000’’. ances’’. insert ‘‘$366,110,000’’. 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, MONDAY, MARCH 13, 1995 No. 46 Senate (Legislative day of Monday, March 6, 1995)

The Senate met at 12:30 p.m., on the natural wisdom and discernment. Con- act as an intercessor for the Senators, expiration of the recess, and was called tinue to bless our President and his serving as a trusted prayer partner and to order by the President pro tempore Cabinet, the House of Representatives, a faithful counselor. In his opening [Mr. THURMOND]. and the men and women of the Senate prayers, he is committed to praying to The PRESIDENT pro tempore. Our as together they serve You as partners God, not preaching to the Senators. I new Chaplain is now with us, Dr. Lloyd in solving the problems which confront believe this is the correct approach to Ogilvie. He will now open the Senate us and grasp the full potential of Your the chaplaincy. The last thing we need with a prayer. We are delighted to have destiny for our great Nation. in the Senate is another bully pulpit, this fine man with us. In Your all-powerful name, amen. instructing us as to the proper political f decision or action. Dr. Ogilvie will PRAYER minister through friendships and rela- The Senate Chaplain, Dr. Lloyd John RECOGNITION OF THE ACTING tionships with Members. His emphasis Ogilvie, D.D., offered the following MAJORITY LEADER will be encouragement, not persuasion. prayer: The PRESIDENT pro tempore. The When I mentioned all these qualified Let us pray: acting majority leader is recognized. applicants, let me suggest one further Almighty God, Lord of our lives and f fact. Dr. Ogilvie did not apply for the Sovereign of our beloved Nation, as we office of Chaplain. He was sought out begin this new day filled with awesome WELCOMING OF NEW SENATE for the office. responsibilities and soul-sized issues, CHAPLAIN, DR. LLOYD JOHN I am so excited that Dr. Ogilvie will we are irresistibly drawn into Your OGILVIE be joining us in this capacity. I would presence by the magnetism of Your Mr. HATFIELD. Thank you, Mr. like to take some time to reflect on his love and by our need for Your guid- President. many accomplishments. I will high- ance. We come to You at Your invita- It is my great honor to welcome the light some of his greater accomplish- tion. Our longing to know Your will is Senate’s new Chaplain, Dr. Lloyd ments and then enter his re´sume´ into motivated by Your prevenient and Ogilvie. It is my feeling that the Sen- the RECORD. If I were to highlight all of greater desire to guide and inspire us. ate is going to be richly blessed by the his life work, I am afraid my col- In the quiet of intimate communion presence of Dr. Ogilvie. Reverend leagues would accuse me of filibuster- with You, the tightly wound springs of Ogilvie is undertaking a difficult task, ing. Dr. Ogilvie is leaving his congrega- pressure and stress are released and a because he is succeeding our good tion at First Presbyterian Church in profound inner peace invades our friend, Richard Halverson. Reverend Hollywood, CA, where he has min- minds. We hear again the impelling ca- Halverson not only leaves a spiritual istered since 1972. In his capacity as dences of the drumbeat of Your Spirit legacy behind him, but he also leaves pastor of First Presbyterian in Holly- calling up to press on in the battle for some very difficult shoes to fill. Rich- wood, he sought to encourage leaders truth, righteousness, and justice. Our ard Halverson offered this body an ex- in entertainment, business, and the minds snap to full attention, and our ample of humility, gentleness, and per- community in the Los Angeles area. hearts salute You as sovereign Lord. sonal integrity. He will be missed, not Through personal interaction and You have given us minds capable of re- only by the Senators, but also by the small group settings, Dr. Ogilvie at- ceiving Your mind, imaginations able staff, support workers, pages, and the tempted to help men and women find to envision Your plan and purpose, and various workers who experienced his mutual support to face their problems wills ready to do Your will. Anoint our ministry. and to follow their callings in their vo- minds with the liberating assurance In the committee’s search of hun- cations by encouraging the individuals that whatever You give us the vision to dreds of extremely qualified applicants, around them. One of the keys to Dr. conceive, and the power to believe, we Dr. Ogilvie stood out because of his em- Ogilvie’s ministry has been listening. can completely trust You to help us phasis on nurturing others through By listening closely to the concerns of achieve. Lord, fill our minds with Your personal relationships. I am pleased to those around him, he can respond by spirit. Go before us to show us the way, hear of his determination to keep the tailoring his ministry to directly re- behind us to press us forward, beside us office of Chaplain nonpolitical, non- spond to those concerns. I think this to give us courage, above us to protect sectarian, and nonpartisan. He has in- will be an invaluable tool in his min- us, and within us to give us super- dicated that his role as Chaplain is to istries in the Senate. The Senate is a

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

S 3823 S 3824 CONGRESSIONAL RECORD — SENATE March 13, 1995 dynamic body thus requiring an indi- Salvation Army’s William Booth Award, shape the goals and program of the church. vidual that can carefully listen and re- 1992. Along with a team of four pastors and ten spond to the many concerns that we PASTORATES program staff people, Dr. Ogilvie seeks to confront each day. Gurnee Community Church, Gurnee, Illi- lead the church as a laboratory of experi- nois (Student Pastor). mentation with new forms of church life and Dr. Ogilvie is an accomplished author innovative methods of meeting the needs of of approximately 50 books, and he is a Winnetka Presbyterian Church, Winnetka, Illinois (1956–62). the members so that they can be contagious contributing author in many current First Presbyterian Church, Bethlehem, communicators of their faith and courageous religious magazines and periodicals. He Pennsylvania (1962–72). witnesses in social issues. is leaving his nationally syndicated First Presbyterian Church, Hollywood, Located at the center of population spread weekly television show, ‘‘Let God Love California (1972– ). of the greater Los Angles community, the urban Hollywood church ministers to its im- You,’’ which has been on the air for 17 MINISTRY FOCUS years. He is also ending his daily radio mediate community and to members who The consistent focus of the ministry of live throughout the metropolitan and subur- program of 10 years. Both of these pro- Lloyd Ogilvie through the years has been on ban areas. The vital program for members is grams are financed by Lloyd Ogilvie the care, encouragement and support of busi- coupled with a diversified outreach to meet Ministries, a independent, nonprofit or- ness, political and community leaders. Be- the social needs of the community. ganization from which Ogilvie draws no ginning his ministry in Winnetka, Illinois MEDIA MINISTRY salary or compensation. working with the business leaders of Chi- cago, he developed a deep appreciation for It is my belief that Dr. Ogilvie will be Lloyd Ogilvie’s nationally syndicated radio the impact of leaders on society and their and television ministry is called ‘‘Let God successful because of his calling as a need to receive sensitive pastoral care to live Love You.’’ The weekly television program is pastor to be available, approachable, out their faith in the pressures, stresses and celebrating its seventeenth anniversary and and attentive. As he seeks to be influ- immense challenges of their work. During the daily radio program is going into its ential in the spiritual lives of the Sen- this time of his ministry, Dr. Ogilvie devel- tenth year. This media ministry is guided by ators, I trust that he will always strive oped a small group strategy to help men and a strong national Board of Directors of the to be a faithful friend and confidant. women leaders and their families find mu- Lloyd Ogilvie Ministries, an independent, tual support and networking to face the non-profit organization. In 1982, the Direc- And I know and am persuaded that he problems and grasp the opportunities of will be. tors adopted ‘‘Ten Commitments’’ for the de- their calling to serve God in their personal velopment of the ministry and its financial I look forward to his work, and I en- relationships, at work, and in the commu- accountability. courage all my distinguished col- nity. This emphasis was continued in his Dr. Ogilvie brings to this media ministry leagues to take the opportunity to get ministry to leaders and their families in the the same commitment to listening he ex- to know him. steel industry when he served as Pastor of presses as pastor of his church. His messages Of course, like all of us, he brings to the First Presbyterian Church of Bethlehem, on the ‘‘Let God Love You’’ programs are his Pennsylvania. He has pursued this calling this new ministry his devoted, wonder- part of an ongoing dialogue with his listen- during the past twenty-two years as Pastor ers and viewers. On very program he encour- ful, accomplished wife, Mary Jane, as of the historic First Presbyterian Church of they have worked together on the ages them to write him about what’s on their Hollywood where he seeks to enable leaders minds and hearts. His voluminous cor- Lord’s ministry all of these years. He in the entertainment community as well as respondence with people and a special yearly has a beautiful family who support him business and community leaders in the inventory of their deepest concerns provide and each of whom is contributing to greater Los Angeles basin. the focus of his personal sharing of grace. In addition to his responsibilities as Pastor our society. The central purpose is to help people turn of the Hollywood Church, Dr. Ogilvie is a life’s struggles into stepping stones by link- So, Mr. President, at this time, I ask media communicator, author and frequent ing their problems to the promises and power unanimous consent that a biographical speaker throughout the nation. of God. sketch, with background, education, Dr. Ogilvie believes that listening is the Beginning sixteen years age with one tele- degrees, awards, and pastorates be key to effective communication of the Gos- vision station in Los Angeles, the ‘‘Let God pel. His contemporary expositions of the printed in the RECORD. Love You’’ program is now seen throughout Bible are in direct response to the most ur- There being no objection, the mate- the nation on independent stations and cable gent questions and deepest needs of people in rial was ordered to be printed in the networks. The media ministry is supported his congregation and throughout the nation. RECORD. Through being attentive in conversations, exclusively by viewer and listener contribu- tions and all gifts are used only for costs of BIOGRAPHICAL SKETCH—LLOYD JOHN OGILVIE extensive correspondence, and personal sur- producing and airing the programs. Dr. BACKGROUND veys of his national radio and television au- diences, he seeks to feel the pulse of what Ogilvie receives no salary from the media Born in Kenosha, Wisconsin, September 2, people are thinking and feeling today. His ministry. 1930. messages, books, and the leadership of his PUBLICATION MINISTRY: BOOKS AUTHORED BY Married to Mary Jane Jenkins Ogilvie. congregation in Hollywood arise out of the Children: Heather, Scott, Andrew. LLOYD JOHN OGILVIE ministry of listening to people’s hopes and A Future and A Hope; Word Books. EDUCATION hurts and then to God for His answers in the A Life Full of Surprises; Abingdon Press. Public schools of Kenosha, Wisconsin. Bible. Ask Him Anything (Answers to Life’s Lake Forest College, Lake Forest, Illinois. LOCAL CHURCH Deepest Questions); Word Books. Garrett Theological Seminary, Northwest- As Pastor of his large congregation in the Autobiography of God, The (On the Par- ern University, Evanston, Illinois. communications capitol, Dr. Ogilvie has de- ables); Regal Books. New College, University of Edinburgh, Ed- veloped the church’s program in four major Beauty of Caring, The; Harvest House. inburgh, Scotland. thursts—as a workshipping congregation, a Beauty of Friendship, The; Harvest House. DEGREES healing community, an equipping center for Beauty of Love, The; Harvest House. Bachelor of Arts (Lake Forest College). the ministry of the laity, and a deployment Beauty of Sharing, The; Harvest House. Master of Theology (Garrett Theological agency for evangelism and mission. His guid- Bush Is Still Burning, The (The ‘‘I Am’’ Seminary). ing conviction is that all Christians are Sayings of Jesus); Word Books. Doctor of Divinity (Whitworth College). called into ministry and that the role of the Climbing the Rainbow—Claiming the Cov- Doctor of Humane Letters (University of local church is to equip them to be a bold, enant Promises of God; Word Books. Redlands). articulate apostolate of hope in the struc- General Editor and Author of: Doctor of Humanities (Moravian College tures of society. This equipping program is —Communicators Commentary on Book and Seminary). carried out in in-depth study of the Scrip- of Acts; Word Books. Doctor of Laws (Eastern College). tures, small group meetings throughout the —Communicators Commentary on Books Los Angeles basin, and retreats and con- of Hosea, Joel, Amos, Obadiah, Jonah; Word AWARDS (PARTIAL LIST) ferences. Dr. Ogilvie consistently monitors Books. Distinguished Service Citation, Lake For- the effectiveness of the ministry with these Congratulations—God Believes in You; est College. questions: What kind of people are we called Word Books. Preacher of the Year, Religion in Media. to deploy in the world? What kind of church Conversation With God; Harvest House. Angel Award, Religion in Media. sets free that kind of people? What kind of Cup of Wonder, The (Communion Mes- 1982, 1986—Silver Angel Award (to Tele- church officers enables that kind of church?; sages); Tyndale Books. vision Ministry). and, What kind of pastoral leadership in- Discovering God’s Will in Your Life; Har- Gold Medallion Book Award, 1985, ‘‘Making spires that quality of vision? vest House. Stress Work For You’’. Presented by the Lloyd Ogilvie’s strategy of leadership is to Drumbeat of Love (Acts); Word Books. Evangelical Christian Publishers Assn. work with and through the lay Elders to Enjoying God; Word Books. March 13, 1995 CONGRESSIONAL RECORD — SENATE S 3825 Falling into Greatness (Psalms); Thomas occur on Wednesday, March 15, at 10:30 heard. I don’t mean politically fraudulent, Nelson. a.m. which is routine in Washington and a judg- Freedom of the Spirit; Harvest House. The PRESIDING OFFICER. Without ment call anyway. I mean logically, demon- God’s Best for My Life (Daily Devotional); objection, it is so ordered. strably, mathematically fraudulent, a condi- Harvest House. tion rare even in Washington and not a judg- God’s Transforming Love; Regal Books. Mr. HATFIELD. Mr. President, I fur- ment call at all. Consider: Greatest Counselor in the World, The; ther ask that the cloture vote sched- In 1994 Smith runs up a credit card bill of Servant Publications. uled for Tuesday of this week be post- $100,000. Worried about his retirement, how- Heart of God, The; Regal Books. poned to occur on Thursday, March 16, ever, he puts his $25,000 salary into a retire- If God Cares, Why Do I Still Have Prob- at a time to be determined by the ma- ment account. lems?; Word Books. jority leader after consultation with Come Dec. 31, Smith has two choices: (a) If I Should Wake Before I Die; Regal the minority leader. He can borrow $75,000 from the bank and Books. The PRESIDING OFFICER. Without ‘‘loot’’ his retirement account to pay off the Jesus The Healer [form. Why Not?] (The rest—which Conrad-Dorgan say is uncon- Healing Ministry); Revell Co. objection, it is so ordered. scionable. Or (b) he can borrow the full Let God Love You; Word Books. f $100,000 to pay off his credit card bill and Life Without Limits; Word Books. keep the $25,000 retirement account sac- Living Without Fear; Word Books. ORDER OF PROCEDURE rosanct—which Conrad-Dorgan say is just Longing to Be Free; Harvest House. Mr. HATFIELD. Mr. President, I am swell and maintains a sacred trust and Lord of the Impossible; Abingdon Press. authorized to indicate there will be no staves off the wolves and would have let Lord of the Loose Ends (‘‘He is Able’’ rollcall votes during today’s session of them vote for the balanced budget amend- claims of the Epistles); Word Books. ment if only those senior-bashing Repub- Lord of the Ups and Downs; Regal Books. the Senate. licans had just done it their way. Magnificent Vision, The (Form. ‘‘Radiance I suggest the absence of a quorum. But a child can see that courses (a) and (b) of the Inner Splendor’’); Vine Books. The PRESIDING OFFICER. The are identical. Either way, Smith is net Making Stress Work for You; Word Books. clerk will call the roll. $75,000 in debt. The trust money in (b) is a Silent Strength (Daily Devotional); Har- The legislative clerk proceeded to fiction: It consists of 25,000 additionally bor- vest House. call the roll. rowed dollars. His retirement is exactly as Turn Your Struggles Into Steppingstones; Mr. DOMENICI. Mr. President, I ask insecure one way or the other. Either way, if Word Books. unanimous consent that the order for he wants to pay himself a pension when he Twelve Steps to Living Without Fear retires, he is going to have to borrow the (Large Print); Word Books. the quorum call be rescinded. money. Understanding the Hard Sayings of Jesus The PRESIDING OFFICER. Without According to Conrad-Dorgan, however, un- (formerly ‘‘The Other Jesus’’); Word Books. objection, it is so ordered. less he declared his debt to be $100,000 rather When God First Thought of You (I, II, III Mr. DOMENICI. Mr. President, I ask than $75,000, he has looted his retirement ac- John); Word Books. that I may speak for 2 minutes as in count. But it matters not a whit what Smith You Are Loved and Forgiven; Regal Books. morning business. declares his debt to be. It is not his declara- You Can Live As It Was Meant To Be (I & tion that is looting his retirement. It is his II Thess.); Regal Books. f borrowing (and overspending). You Can Pray With Power; Regal Books. MORNING BUSINESS Similarly for the federal government. In You’ve Got Charisma; Abingdon Press. fiscal 1994, President Clinton crowed that he Also, Dr. Ogilvie is the General Editor of The PRESIDING OFFICER. Under had reduced the federal deficit to $200 bil- the 32-volume Communicator’s Commentary the previous order, there will now be a lion. In fact, what Conrad calls the ‘‘operat- being published by Word Books, Inc. In addi- period for morning business not to ex- ing budget’’ was about $250 billion in deficit, tion, he is a contributing author in many tend beyond 30 minutes with Senators but the Treasury counted the year’s roughly current Christian magazines and periodicals. permitted to speak therein. $50 billion Social Security surplus to make SPEAKING MINISTRY its books read $200 billion. According to Mr. DOMENICI. Mr. President, last Conrad-Dorgan logic, President Clinton Lloyd Ogilvie’s ministry as a speaker in- week during the debate on the balanced ‘‘looted’’ the Social Security trust fund to volves him in speaking engagements at con- budget amendment, there was more the tune of $50 billion. ventions, conferences, renewal retreats for than a little debate about the use of Did he? Of course not. If Clinton had de- clergy and laity, and universities and secular Social Security funds in calculating clared the deficit to be $250 billion and not gatherings. our annual Federal deficit. The fact is ‘‘borrowed’’ $50 billion Social Security sur- LISTED IN that much of the discussion was mis- plus—which is nothing more than the federal Who’s Who in America. leading, and some of it was just not government moving money from its left pocket to its right—would that have made Who’s Who in the World. true. But in all our discussions of the Who’s Who in the West. an iota of difference to the status of our debt Leaders of the English Speaking World. issue, few explain the truth of what or of Social Security? Contemporary Authors. this Government is doing more suc- Whether or not you figure Social Security cinctly than columnist Charles Mr. HATFIELD. Mr. President, I sug- in calculating the federal deficit is merely Krauthammer did in his op-ed page in an accounting device. Government cannot gest the absence of a quorum. the Washington Post last Friday. stash the Social Security surplus in a sock. The PRESIDENT pro tempore. The Mr. President, I ask unanimous con- As long as the federal deficit exceeds the So- clerk will call the roll. sent that that column, entitled ‘‘Social cial Security surplus—that is, for the fore- The legislative clerk proceeded to seeable forever—we are increasing our net Security ‘Trust Fund’ Whopper,’’ be call the roll. debt and making it harder to pay out Social printed in the RECORD. Mr. HATFIELD. Mr. President, I ask Security (and everything else government There being no objection, the article unanimous consent that the order for does) in the future. was ordered to be printed in the the quorum call be rescinded. Why? Because the Social Security trust RECORD, as follows: fund—like Smith’s retirement account—is a The PRESIDING OFFICER (Mr. [From the Washington Post, Mar. 10, 1995] fiction. The Social Security system is pay- THOMAS). Without objection, it is so or- as-you-go. The benefits going to old folks SOCIAL SECURITY ‘‘TRUST FUND’’ WHOPPER dered. today do not come out of a huge vault (By Charles Krauthammer) f stuffed with dollar bills on some South Pa- Last week, Sens. Kent Conrad and Byron cific island. Current retirees get paid from UNANIMOUS-CONSENT AGREEMENT Dorgan management to (1) kill the balanced the payroll taxes of current workers. budget amendment, (2) deal Republicans With so many boomers working today, Mr. HATFIELD. Mr. President, I am their first big defeat since November and (3) pay-as-you-go produces a cash surplus. That now going to propound, on behalf of the make Democrats the heroes of Social Secu- cash does not go into a Pacific island vault Republican leader, two unanimous-con- rity. A hat trick. How did they do it? By de- either. In a government that runs a deficit, sent agreements that have been cleared manding that any balanced budget amend- it cannot be saved at all—any more than on the Democratic side. ment ‘‘take Social Security off the table’’— Smith can really ‘‘save’’ his $25,000 when he Mr. President, I ask unanimous con- i.e., not count the current Social Security is running a $100,000 deficit. The surplus nec- surplus in calculating the deficit—and thus essarily is used to help pay for current gov- sent that the vote on the motion to in- stop ‘‘looting’’ the Social Security trust ernment operations. voke cloture on the Kassebaum amend- fund. And pay-as-you-go will be true around the ment No. 331, scheduled for today, be In my 17 years in Washington, this is the year 2015, when we boomers begin to retire. vitiated and, further, that the vote now single most fraudulent argument I have The chances of our Social Security benefits S 3826 CONGRESSIONAL RECORD — SENATE March 13, 1995 being paid out then will depend on the pro- fantastic effort on behalf of senior So- a chance and we have a Congress that ductivity of the economy at the time, which cial Security citizens and on behalf of is willing to think through programs in turn will depend heavily on the drag on a prospering American economy. again and see if, in fact, they are deliv- the economy exerted by the next net that we I hope everyone will get a chance to ering as they were designed to deliver. will have accumulated by then. The best guarantee, in other words, that read this very basic approach that this In order to make this a useful discus- there will be Social Security benefits avail- excellent columnist talks to us about sion, of course, there has to be a stipu- able then is to reduce the deficit now. Yet by with reference to the Social Security lation that those who are interested in killing the balanced budget amendment, trust fund. looking to change are just as caring Conrad-Dorgan destroyed the very mecha- Mr. President, I yield the floor and and just as concerned about people as nism that would force that to happen. The suggest the absence of a quorum. those who are opposed to change. And I one real effect, therefore, that Conrad-Dor- The PRESIDING OFFICER. The think that is a fair and honest stipula- gan will have on Social Security is to jeop- clerk will call the roll. ardize the government’s capacity to keep tion. paying it. The bill clerk proceeded to call the The question is what we are doing in Having done that, Conrad-Dorgan are now roll. seeing if there is a better way to pro- posing as the saviors of Social Security from Mr. THOMAS. Madam President, I vide services for the needy. Is there a Republican looters. A neat trick. A complete ask unanimous consent that the order better way to determine who those fraud. for the quorum call be rescinded. services should go to? Is there a more Mr. DOMENICI. Mr. President, this The PRESIDING OFFICER (Mrs. efficient way of delivering those serv- distinguished columnist, who has a HUTCHISON). Without objection, it is so ices? That I think is what the change is knack for exposing attempts at politi- ordered. about. cal deception and making difficult f We need to have this institution to things simple, points out the deceit in be the kind of institution that will the arguments that we heard on the RESPONDING TO THE PEOPLE take a look at these things and then floor last week. Mr. THOMAS. Madam President, I move forward and decide. I encourage all who participated in come to the floor during this morning We really do not need a rapid re- the balanced budget amendment debate business to talk about several things, sponse team that is opposed to change. to read this column. I am asking that to sort of reflect a little bit on the 2 And the controversy—many of the is- it be made part of the RECORD so every- months that we have been here, a little sues are not between Republicans and one will have an opportunity to do over 2 months. Democrats—the controversy lies be- that. Because, if nothing else, Mr. First of all, of course, it is a great tween those who would like to see Krauthammer’s essay brushes aside the honor to be a part of this body and to some things done differently and those political rhetoric and emphasizes that, represent the State of Wyoming in the who basically do not want change. no matter how you add it up, where U.S. Senate. There is a legitimate difference of you put the numbers, or, as he says, We have to observe that we have view. There is a legitimate argument which pocket you put it in, an obliga- dealt with a limited number of items between those who think more govern- tion of the Federal Government re- while we have been here. Many of us ment, more spending is better for the mains just that—an obligation of the are filled with some kinds of mixed country, and those like myself, who do Federal Government. And we or our emotions, recognizing and respecting not agree, who think that, indeed, we children and grandchildren have to pay the deliberative nature of the Senate can do it with less government, turning it. and, at the same time, having some more responsibility to people, turning Mr. President, it just seems to this frustration with the slowness of the de- more of an opportunity for families to Senator that the balanced budget liberations and the lack of movement spend their own money, stimulating amendment should have been adopted. on some of the issues that we consider the economy. I repeat for those who are worried to be very important. We are now, today and in the next about the Social Security trust fund As an American, of course, I believe couple of days, debating the Kasse- or, more precisely, where will the that we want our institutions to be baum amendment with respect to re- money be, where will it come from to thoughtful and to fully explore issues, placement of strikers, an issue that we pay Social Security recipients 20, 25, 30 but also in a timely way to decide and went through in the House and in the years from now, I submit that the best to move on. That is what deliberation Senate last year in great detail. So I thing we could have done was to get is all about. rise in strong support of that amend- the unified budget of the United States There is, I believe, an agenda in this ment. I think it is the will of the Con- in balance in 7 years. Because I believe country. Everyone can read the past gress. We have been through that. We that would have more to do with what election as they choose, but it seems have been through some 60 years of ex- Social Security of the future needs pretty certain that a number of things perience. Frankly, it has worked pretty than anything else. were on the minds of American voters. well and there has been very little de- Simply put, as Mr. Krauthammer One of them is that most people believe viation from that in terms of hiring re- later in his article alludes to, the best we have too much government, that it placements. thing for Social Security in the future costs too much, that we need to have Someone on the floor the other day is a vibrant, growing American econ- in our lives less government, less cost, said, ‘‘Is this the agenda of the new omy with low inflation. If we can have and less regulation. Of course, you can majority, to make it tougher for work- that for periods of 4 or 5 years at a talk about the details of how do you do ing people, to make it tougher for sin- time, with mild downturns, then I be- that, but, nevertheless, it is an agenda. gle mothers to have jobs?’’ Of course lieve we will be in a position as a na- These were issues that were defined not. That is an absurd idea. tion to take care of our seniors. in the last election and they are issues I think the idea of the new majority Frankly, Mr. President, if we cannot that need to be dealt with by this Con- is to find a balance between labor and do that, we will not be in a position to gress and by this Senate. One of the management, to find a way in which take care of them no matter what rhet- measures of good government, I be- there is an environment where business oric is offered on the floor that seemed lieve, is the responsiveness that its in- can grow and jobs can be created, to say, in the 7-year balanced budget stitutions have to the people as they where the Federal Government is not that was before us, even though we vote. an advocate for either of the parties in would have to cut or reduce Govern- We have, as a result of the election, these kinds of controversies. I think ment about $1.2 trillion, essentially I think, the best opportunity that has that is what the Kassebaum amend- those who argued against it, at least been before us for 40 years to take a ment is all about. from the Social Security standpoint, look at some of the things we do. Over Madam President, I thank you for were saying that is not enough; you the last number of years, about all the the time. It is difficult to know how we have to do more. And frankly, we have opportunities available were to add to should proceed. But there is a great never come close to even that. I would programs that we had, put more money deal before the Senate. We have a great have thought that would have been a in programs that we had. Now we have many things to decide. In fact, we March 13, 1995 CONGRESSIONAL RECORD — SENATE S 3827 should be deciding them. That is what to begin the regular season. That ex- Madam President, I thank the major votes are about. Once they have been pectation will now be soon realized. league baseball ownership for awarding totally explored, we look forward to This comes after many years of effort. this franchise to Tampa Bay. They making a decision and not to obstruct The quest for a major league team have demonstrated wisdom in doing so a decision. began in 1977 with the formation of the because I am confident that this will I look forward very much to the con- Pinellas Sports Authority, an organiza- quickly become one of the strongest tinuing efforts on the part of this body tion that has had as its goal to bring a franchises in major league baseball. to respond to voters, responding to the major league franchise to the Tampa There is a certain degree of optimism people in this country in making deci- Bay area. in accepting a major league franchise sions on major items, in the first op- Since that time, there have been ef- in the context of the current labor- portunity in many years we have had forts to secure seven different fran- management status, but I am confident to explore finding ways to do things in chises. In each case, there was the hope well before 1998 we will be playing a better way. and the expectation that the franchise major league baseball again in America I think the war on poverty is a good would be relocated to the Tampa Bay and look forward to the day when the example. It has been going on for area, and then for a variety of reasons Tampa Bay Devil Rays open their first what—30 years? Twenty years? The that hope was crushed. season. fact of the matter is we are less well off The latest attempt occurred several Madam President, thank you for af- now than we were then in terms of the fording me this opportunity to make things that the war on poverty was de- years ago when an actual contract was signed for the relocation of the San these remarks on behalf of the citizens signed to resolve. It makes it pretty of our State and the event that we clear, if you want different results, you Francisco Giants to Tampa Bay, and this contract was subsequently can- have long looked forward to celebrat- have to start doing things differently. ing. you cannot expect different results by celed by action of the other major f continuing to do the same thing. league teams. EXTENSION OF MORNING So I look forward to the continued During the course of this activity, BUSINESS discussion. I look forward to dealing working with the various series of with the issues that the House has major league baseball commissioners, Mr. HOLLINGS addressed the Chair. dealt with. However the majority here the city determined that it was in its The PRESIDING OFFICER. The Sen- decides to deal with them is fine; I just interest and would advance its poten- ator from South Carolina. suggest we come to grips with them, tial as a major league franchise by pro- Mr. HOLLINGS. Madam President, I that we move forward, that we do not ceeding to construct a state of the art ask unanimous consent that morning lose the momentum of an election, that domed stadium, which has now been business be extended for 10 additional we do not lose the interest and the in- completed, which is utilized for other minutes, and that I be recognized for terest of the American people in taking sports activities and which stands that period of time. a look at questions like a balanced ready with modifications and final re- The PRESIDING OFFICER. Without budget amendment, like line-item finements to be the home to the new objection, it is so ordered. veto, like term limits, like account- Tampa Bay Devil Rays professional Mr. HOLLINGS. I thank the distin- ability. All of those are issues that team. guished Chair. really deserve our best attention and In achieving this success, there were f final decision. many people who were active. I would REPORTING OF THE BALANCED I suggest the absence of a quorum. like to particularly express my appre- BUDGET AMENDMENT The PRESIDING OFFICER. The ciation to the managing general part- clerk will call the roll. ner of the new team, Mr. Vince Mr. HOLLINGS. Madam President, I The bill clerk proceeded to call the Naimoli, who, over a period of setbacks rise today to comment on the RECORD roll. and frustrations, remained constant in made earlier this morning by my dis- Mr. GRAHAM. Mr. President, I ask his commitment to bring major league tinguished colleague from New Mexico, unanimous consent that the order for baseball to Tampa Bay. There have Senator DOMENICI, the chairman of our the quorum call be rescinded. been many officials with the Saint Pe- Budget Committee. Let me say at the The PRESIDING OFFICER. Without tersburg city government who have outset that I have the highest regard objection, it is so ordered. been active in helping to realize this for Senator DOMENICI. He is very con- Mr. GRAHAM. Madam President, I objective. scientious, very hard-working, and ask unanimous consent that I may pro- I should like to recognize Saint Pe- very honest in his beliefs and his work ceed as if in morning business for up to tersburg City Administrator Rick in the Senate. So in rising I do not in- 5 minutes. Dodge, who, from the very beginning, tend to reflect on him, but rather to re- The PRESIDING OFFICER. Without has played a crucial role in helping to flect on Charles Krauthammer’s recent objection, it is so ordered. move toward the completion of the sta- article concerning Social Security that Mr. GRAHAM. I thank the Chair. dium and maintaining a high level of the distinguished Senator from New f community support behind the effort Mexico included in the RECORD. So there will not be any trouble re- MAJOR LEAGUE BASEBALL IN to receive a major league franchise. He ferring to it, I ask unanimous consent TAMPA BAY is illustrative of dozens of others— that the article of Charles elected officials, city administration Mr. GRAHAM. Madam President, I Krauthammer entitled ‘‘Social Secu- officials, and the citizens of Pinellas rise today to commemorate the birth rity ‘Trust Fund’ Whopper’’ of last Fri- County—who have worked so hard to of one of baseball’s two newest mem- day, March 10 be printed in the bring this to a successful realization. bers, the Tampa Bay Devil Rays. The RECORD. Madam President, we are proud of Tampa Bay community was awarded a There being no objection, the article the recognition of this awarded fran- franchise last Thursday and will com- was ordered to be printed in the chise to the important position which mence play in 1998. This is a very im- RECORD, as follows: portant and welcome, celebrated event the State of Florida plays in major [From the Washington Post, Mar. 10, 1995] for our State and particularly for the 2 league professional athletics. With this million citizens of the Tampa Bay area award, our State will now have nine SOCIAL SECURITY ‘‘TRUST FUND’’ WHOPPER who have been waiting a long, long major league franchises in baseball, (By Charles Krauthammer) time for baseball to come in the sum- football, basketball, and hockey, sec- Last week, Sens. Kent Conrad and Byron mer. ond only to California in the number of Dorgan managed to (1) kill the balanced For many years, the Tampa Bay area professional major league teams play- budget amendment, (2) deal Republicans their first big defeat since November and (3) has been home to spring training base- ing in the State. This is appropriate to make Democrats the heroes of Social Secu- ball, and for many years there has been the size and rapid growth of our State rity. A hat trick. How did they do it? By de- the hope and expectation that baseball and its demonstrated support for pro- manding that any balanced budget amend- would not terminate as the teams left fessional sports. ment ‘‘take Social Security off the table’’— S 3828 CONGRESSIONAL RECORD — SENATE March 13, 1995 i.e., not count the current Social Security is running a $100,000 deficit. The surplus nec- idea of the Greenspan Commission was surplus in calculating the deficit—and thus essarily is used to help pay for current gov- that a sufficient Social Security re- stop ‘‘looting’’ the Social Security trust ernment operations. serve or trust be built up so that there And pay-as-you-go will be true around the fund. would not be a call on general reve- In my 17 years in Washington, this is the year 2015, when we boomers begin to retire. single most fraudulent argument I have The chances of our Social Security benefits nues. Of course, what has been happen- heard. I don’t mean politically fraudulent, being paid out then will depend on the pro- ing, Madam President, is that adminis- which is routine in Washington and a judg- ductivity of the economy at the time, which trations, Congresses, and columnists ment call anyway. I mean logically, demon- in turn will depend heavily on the drag on have all engaged in the deceptive re- strably, mathematically fraudulent, a condi- the economy exerted by the net debt that we porting by using the Social Security tion rare even in Washington and not a judg- will have accumulated by then. surpluses to diminish the size of the The best guarantee, in other words, that ment call at all. Consider: deficit. This charade does not elimi- In 1994 Smith runs up a credit card bill of there will be Social Security benefits avail- $100,000. Worried about his retirement, how- able then is to reduce the deficit now. Yet by nate the deficit, it merely moves the ever, he puts his $25,000 salary into a retire- killing the balanced budget amendment, deficit from the Federal Government ment account. Conrad-Dorgan destroyed the very mecha- over to the Social Security fund. Come Dec. 31, Smith has two choices: (a) nism that would force that to happen. The Of course, this trick does not elimi- He can borrow $75,000 from the bank and one real effect, therefore, that Conrad-Dor- nate the deficit. Already, $464 billion ‘‘loot’’ his retirement account to pay off the gan will have on Social Security is to jeop- ardize the government’s capacity to keep has been moved—by the year 2000 the rest—which Conrad-Dorgan say is uncon- Government will owe Social Security scionable. Or (b) He can borrow the full paying it. $100,000 to pay off his credit card bill and Having done that, Conrad-Dorgan are now $1 trillion. As a result, the baby keep the $25,000 retirement account sac- posing as the saviors of Social Security from boomers, who are presently being taxed rosanct—which Conrad—Dorgan say is just Republicans looters. A neat trick. A com- to pay for the Social Security of per- swell and maintains a sacred trust and plete fraud. sons who have reached 72 years of age, staves off the wolves and would have let Mr. HOLLINGS. Madam President, it like this particular Senator, will have them vote for the balanced budget amend- really disturbed me when I saw our two to be taxed again to receive their bene- ment if only those senior-bashing Repub- distinguished Senators from North Da- fits. licans had just done it their way. kota, Senator DORGAN and Senator In addition, Mr. Krauthammer’s But a child can see that courses (a) and (b) are identical. Either way, Smith is net CONRAD, described as being tricky, or claims that the Social Security system $75,000 in debt. The trust money in (b) is a outright fraudulent. is a pay-as-you-go program. But as the fiction: It consists of 25,000 additionally bor- It’s getting difficult to serve in the record will show, that is not the case. rowed dollars. His retirement is exactly as Senate. You have the Speaker of the In fact, Senator PATRICK MOYNIHAN and insecure one way or the other. Either way, if House calling some Senators ‘‘liars.’’ I were the ones who offered an amend- he wants to pay himself a pension when he You have some of our colleagues parad- ment to put Social Security on a pay- retires, he is going to have to borrow the ing in front of the Capitol with a poster as-you-go basis, but that effort was de- money. containing the pictures of some Sen- feated. According to Conrad-Dorgan, however, un- less he declares his debt to be $100,000 rather ators and a headline at the top saying, Moreover, in 1990 the distinguished than $75,000, he has looted his retirement ac- ‘‘Wanted for flip-flopping.’’ former Senator from Pennsylvania, count. But it matters not a whit what Smith But if we want to get past the Senator John Heinz, and I, were suc- declares his debt to be. It is not his declara- grandstanding and get to the truth of cessful in passing legislation forbidding tion that is looting his retirement. It is his the matter, what we were trying to do the use of Social Security trust funds borrowing (and overspending). was to keep our word by protecting So- to mask the size of the deficit. It re- Similarly for the federal government. In cial Security. The American people mains on the books as section 13301 of fiscal 1994, President Clinton crowed that he should know that the real flip-floppers the Budget Enforcement Act. Thus, I had reduced the federal deficit to $200 bil- lion. In fact, what Conrad calls the ‘‘operat- are those who voted in 1990 to protect might point out that what Mr. ing budget’’ was about $250 billion in deficit, Social Security but were willing to sac- Krauthammer calls a fiction and a but the treasury counted the year’s roughly rifice it under the language of Section fraud is actually a law that was signed $50 billion Social Security surplus to make 7 in House Joint Resolution 1. by President George Bush on November its books read $200 billion. According to Charles Krauthammer’s Social Secu- 5, 1990. Conrad-Dorgan logic, President Clinton rity article is, to use his own language, Mr. Krauthammer knows full well ‘‘looted’’ the Social Security trust fund to the single most fraudulent article that the Congress would never have voted the tune of $50 billion. our friend, Mr. Krauthammer, has writ- the tax increases for Social Security in Did he? Of course not. If Clinton had de- clared the deficit to be $250 billion and not ten because he equates an individual 1983 if these revenues were to be used ‘‘borrowed’’ $50 billion Social Security sur- with a $100,000 debt with the Govern- to spend on foreign aid, welfare, or the plus—which is nothing more than the federal ment having a $100,000 debt. He claims deficit. He disregards the representa- government moving money from its left that an individual borrowing $25,000 tion by the sponsors of the balanced pocket to its right—would that have made from a retirement account and borrow- budget amendment that Social Secu- an iota of difference to the status of our debt ing the remaining $75,000 from the rity trust funds will be protected. He or of Social Security? bank is in the same position as the disregards the formal resolution by Whether or not you figure Social Security Government borrowing its $25,000 from Senator DOLE, the majority leader, re- in calculating the federal deficit is merely an accounting device. Government cannot the Social Security account and the re- quiring that the Budget Committee stash the Social Security surplus in a sock. maining $75,000 from the markets. But demonstrate how the budget can be As long as the federal deficit exceeds the So- here’s the difference. In borrowing balanced without using Social Security cial Security surplus—that is, for the fore- $25,000 from his retirement, the individ- funds. He disregards the formal statu- seeable forever—we are increasing our net ual is truly at zero because he has bor- tory law that requires this, and he fails debt and making it harder to pay out Social rowed his own money. In the Govern- to mention that the two Senators he Security (and everything else government ment’s case, the budget is not balanced chastises joined with three others in a does) in the future. because the $25,000 has been borrowed formal letter of commitment to vote Why? Because the Social Security trust fund—like Smith’s retirement account—is a from future retirees. for the balanced budget amendment if fiction. The Social Security system is pay- Madam President, the Social Secu- the protection for Social Security were as-you-go. The benefits going to old folks rity surpluses were planned in 1983 included. today do not come out of a huge vault with a special FICA tax to bring in To quote Mr. Krauthammer, ‘‘A neat stuffed with dollar bills on some South Pa- funds in excess of the immediate need. trick. A complete fraud.’’ That is the cific island. Current retirees get paid from We were not just trying to balance the trick and that is the fraud that has en- the payroll taxes of current workers. Social Security budget. There was an sued here within the National Govern- With so many boomers working today, affirmative intent that more moneys ment. pay-as-you-go produces a cash surplus. That cash does not go into a Pacific island vault than were necessary would be collected Madam President, I ask unanimous either. In a government that runs a deficit, so that we could build up surpluses and consent to have printed in the RECORD it cannot be saved at all—any more than provide for the baby boomers that will at this point an article entitled, ‘‘Stop Smith can really ‘‘save’’ his $25,000 when he retire early in the next century. The Playing Games With Social Security’’ March 13, 1995 CONGRESSIONAL RECORD — SENATE S 3829 that appeared in the Columbia, SC, fare reform will cost. Savings here are ques- In January and throughout February, I of- ‘‘The State’’ as of yesterday, March 12, tionable. fered 110 spending cuts or eliminations from 1995. You can and should save some on health domestic discretionary spending. This was There being no objection, the article reform, but slowing the growth of health worth $37 billion in the first year and put deficit reduction on the glide path toward a was ordered to be printed in the costs from 10 percent to 5 percent still means increased costs. Social Security won’t be balanced budget by 2002. RECORD, as follows: cut, and any savings by increasing the age of But even if these politically impossible STOP PLAYING GAMES WITH SOCIAL SECURITY retirement would be allocated to the trust cuts were agreed upon, the interest cost on (By Senator Fritz Hollings) fund, not the deficit. the debt is growing at more than $40 billion ‘‘Nobody, Republican, Democrat, conserv- Both the GOP’s ‘‘Contract with America’’ a year. ative, liberal, moderate, is even thinking and President Clinton have called for in- The United States is in a downward budget about using Social Security to balance the creases in defense spending. Results: No sav- spiral and we are meeting ourselves coming budget.’’—Sen. Trent Lott, R-Miss., ‘‘Face ings. around the corner. Like the Queen in ‘‘Alice the Nation,’’ Feb. 2 Therefore, savings must come from spend- in Wonderful’’ told Alice: ‘‘It takes all the In the recent weeks of floor debate and tel- ing freezes and cuts in the domestic discre- running you can do, to keep in the same evision interviews, many senators repeatedly tionary budget. place. If you want to get somewhere else, pledged not to use Social Security funds to Coupling these cuts and freezes with a clos- you must run at least twice as fast as that!’’ balance the budget. ing of tax loopholes still isn’t enough to Let’s get past all the shenanigans. Let’s in- They even passed an amendment by Senate meet the target of a balanced budget in clude Social Security protection in the bal- Majority Leader Bob Dole to instruct the seven years. That’s why Domenici has deter- anced-budget amendment. Then we could Budget Committee to develop a budget that mined that Social Security funds will have pass the amendment and get down to the didn’t use Social Security funds but would to be used. hard work of balancing the budget. conform with the constitutional balanced- But using Social Security won’t eliminate Mr. HOLLINGS. Madam President, budget amendment. the deficit. It simply would increase the this article brings right into true focus In the meantime, while Dole was strug- amount we owe Social Security. Already we gling to pick up one vote to pass the amend- exactly what is going on. owe $470 billion to the trust fund. If we keep If, as Mr. Krauthammer says in this ment, five Democrats vowed they were raiding it, the government will owe Social particular article, it was just ‘‘a fic- ready, willing and able to vote for Social Se- Security more than $1 trillion by 2002. curity. In fact, the night before the vote, the Harsh realities. But there’s a fifth and tion’’, then why not just include this five sent Dole a letter of commitment to even harsher reality. All of the spending cuts exception in the language of the con- vote for the amendment if Social Security in the world aren’t politically attainable stitutional amendment? were protected. now. Domenici knows it’s hard to get votes The distinguished leaders of the leg- On March 2, the constitutional amendment for enough cuts. To his credit, he tried in failed by one vote. And over that weekend on islation willingly accepted an excep- 1986 with a long list of cuts by President ‘‘Face the Nation’’ Dole again reaffirmed his tion for borrowed funds. The distin- Reagan and the Grace Commission. But he intent on Social Security when he said, ‘‘We guished leaders of the balanced budget got only 14 votes in the Senate. are going to protect Social Security.’’ amendment willingly accepted the pro- Rep. Gerald Solomon, a New York Repub- If he remains that committed, why did he vision dealing judicial enforcement in refuse to put his word on the line in black lican, also tried a list of $1 trillion in cuts just a year ago in the House. He got only 73 order to pick up the one vote of the and white on March 2 and pass a constitu- Senator from Georgia. tional amendment by at least 70 votes? Be- votes of 435. cause he knew that accepting the five Demo- In addition, the problem of balancing the Why, Madam President, did they not cratic votes would have cost him an equal budget with spending reductions is exacer- accept five votes when all they had to number of votes of Republicans determined bated by the ‘‘Contract With America’s’’ call do was put in black and white what to spend Social Security surpluses on the for a $500 billion tax cut. they were publicly saying? There are deficit. The reality today is that a combination of five Senators who are ready, willing, Dole didn’t want to expose his Republican cuts, freezes, loophole closings and tax in- and able to vote for a constitutional creases must be cobbled together to put us troops or expose the truth. While Republican amendment for a balanced budget if on a glide path to balancing the budget. Now rhetoric pledged to protect Social Security, they include a provision protecting So- Sen. Pete Domenici, chairman of the Budget is the time to stop the finger-pointing, the Committee, and other Republicans were tell- blaming of the other guy. Now is the time to cial Security funds. ing Dole that the budget could not be bal- stop dancing around the fire of changes in The real flip-floppers are those who anced without using Social Security surplus the process. have abandoned their position taken in funds. It’s a pure sham to think that a constitu- 1990 that Social Security funds should All of this word-battling—of saying one tional balanced-budget amendment will give not be used in deficit calculations. It is thing in public and trying to work around it Congress discipline. very difficult to get that message out, in private—has led Americans to believe that If you put a gun to the head of Congress, it but we will keep hammering. The dis- will get more creative. The proof is in the there is a free lunch, that all we have to do tinguished majority leader says that he to eliminate the deficit is to cut spending. pudding that’s being cooked all over town. The vote on Social Security exposes this Some tout abolishing departments, like will continue to bring this up. I look myth. Commerce and Education. But their func- forward to that debate and can like- Republican senators have no real intent on tions would continue somewhere. Others say wise promise that this Senator will eliminating the deficit; they just want to send everything back to the states. But that continue to push for language that ex- move it from the federal government to So- way, the states would pick up deficits in- cludes Social Security from deficit cal- cial Security. stead of the federal government. culations. Currently, Section 13.301 of the Budget En- Of course we know some want to use $636 I yield the floor. forcement Act prohibits the use of Social Se- billion in Social Security funds. And there’s curity funds for the deficit. But part of the talk of picking up $150 billion by recomput- f balanced-budget amendment would repeal ing the Consumer Price Index and another current law. $150 billion of re-estimating the growth of EULOGY TO GLEN P. WOODARD Even with all the promises tendered to cor- Medicare and Medicaid. Mr. HEFLIN. Mr. President, Glen P. rect Social Security with future legislation, There are even those who want one-time Woodard, the former vice president and any civics student knows you can’t amend savings, like selling the electric power grid director of community affairs for the Constitution with legislation. That’s or switching to the capital budget system. Winn-Dixie Food Stores, died on Janu- why the five Democrats—me included—in- In other words, there are people through- sisted on including Social Security protec- out town who are figuring out ways to make ary 25, 1995, after an extended illness. tion in the wording of the constitutional the federal budget appear balanced with As Winn-Dixie’s community affairs di- amendment. hardly any cuts. With a balanced-budget rector, Glen was widely known by food Dole’s stonewalling against our five votes amendment, they would be able to play this industry leaders and politicians for his on the constitutional amendment reveals an- game for seven years. handling of legislative and regulatory other harsh truth: $1.8 trillion in spending Time out! activities at both the State and na- cuts is necessary to balance the budget in The gamesmanship, the charade, must tional levels. seven years. But many senators reveal their stop. If this nonsense goes on for seven years, He moved to Florida at a young age, intent to use Social Security surpluses when the United States will be down the tubes. they state that only $1.2 trillion is nec- For all the talk about eliminating the defi- attending high school there and college essary. cit, the debt snowballs. Why? Because we add at the University of Florida. He served Let’s face realities: There won’t be enough $1 billion a day to the debt by borrowing to in the U.S. Air Force 306 Bomb Group cuts in entitlements. A jobs program for wel- pay interest. during World War II. Prior to joining S 3830 CONGRESSIONAL RECORD — SENATE March 13, 1995 Winn-Dixie in 1957, he was executive are watching out for the eagles you are being Woodard menu prepared at one of the fan- secretary of the Florida Petroleum In- pecked to death by the ducks.’’ And that was ciest private clubs in Washington—The F dustries for 11 years. In 1981, he was my introduction to the famous Glen Street Club. Their kitchen staff will never named Groceryman of the Year by the Woodard vocabulary and the beginning of a forget it. We had country ham, redeye gravy long professional relationship as well as a and biscuits with collard greens. We had cat Retail Grocers Association of Florida. personal friendship. fish, hush puppies and cole slaw. All the con- At his funeral on January 28, Robert To Glen, a Congressman or a Senator was diments were served in their original con- O. Aders, former president of the Food always addressed as ‘‘my spiritual advisor.’’ tainers—ketchup in the bottle, mustard in Marketing Institute, gave a warm and Glen Woodard’s world was not populated by the jar, and alongside each table in a silver moving eulogy to his good friend, Glen lawyers, accountants and ordinary citizens ice bucket we had Glen’s cheap rose’ wine in Woodard. It captures Glen’s sharp wit, but by ‘‘skin ’em and cheat ’ems,’’ ‘‘shiny a screw-top bottle. down-home personality, and wonderful britches,’’ and ‘‘snuff dippers.’’ These people The FMI staff had prepared a special good-natured philosophy. I ask unani- don’t merely get excited they have ‘‘rollin’ plaque for this man who already had a wall of the eyes’’ and ‘‘jerkin’ of the navel.’’ mous consent that a copy of this excel- covered with plaques, but this was different Colorful he was. But Glen needed that light- and it expressed how the staff felt about him. lent tribute be printed in the RECORD. hearted perspective to survive, for Glen was It went this way: ‘‘FMI to Glen P. Woodard, There being no objection, the tribute in the middle of what is now called ‘‘that the Best There Is.’’ was ordered to be printed in the mess in Washington’’ from Presidents Eisen- For nearly 30 years you have served your RECORD, as follows: hower to Clinton. Working his contacts, company and our industry in the area of pub- EULOGY TO GLEN WOODARD talking to representatives and senators, lic affairs with unparalleled skill and devo- walking his beat—those endless marble cor- (By Robert O. Aders) tion. Currently chairman of the FMI Govern- ridors of power—doing as he put it ‘‘the work ment Relations Committee, recent Chairman Glen, it is an honor to be invited to eulo- of the Lord.’’ And, indeed, his work affected gize you. It is not the first time that I or of the FMI Fall Conference, untiring laborer the law of the land. in the vineyards of government on behalf of others have praised you in public but it is And, indeed, that work was made a lot the first time you won’t have the last word. the American food system, you have accom- more fun for all of us by Glen’s marvelous plished mightily for our industry. I speak on behalf of myself and Tabitha and sense of humor and his wonderful delivery. I your other close friends in the industry that We salute your dedication, your knowl- remember a meeting a few years ago with a edge, your wit and your style. And we treas- you have served so well for so many years— top official in the Treasury Department. We on behalf of your many associates in FMI ure your friendship. You are, indeed, The had been stymied for years trying to change Best There Is. And we love you. Washington, and other groups in Washington and the a ridiculous IRS regulation because of the State capitols with whom you have worked D.C., October 22, 1985. stubbornness of one particular bureaucrat. And that still goes Glen, old buddy. to improve food system and the supermarket One day Glen broke the logjam as follows: industry—to improve the quality of govern- ‘‘Jerry, I had occasion to pay you a high f ment—and to improve the relationships be- compliment when I was with the Chairman tween industry and government—in order to of the Ways and Means Committee last week. IS CONGRESS IRRESPONSIBLE? better serve the public. We have enjoyed con- I said you were just great with numbers. In siderable success in all these things and you fact, you’re the biggest 2-timin’. 4-flushin’, THE VOTERS HAVE SAID YES! have truly left your mark. You have made a SOB I’ve ever known.’’ He got the point and Mr. HELMS. Mr. President, the im- difference. And today we celebrate your life. the rule was changed. We all lead our lives on many levels—our pression will not go away: The enor- With all his blunt talk and tough wit, he mous Federal debt greatly resembles home, our church, our country, daily work, was a kind and generous man. In fact, my recreation. So did Glen Woodard. I would wife described him when she first met him as the well-known energizer bunny we see, like to say a few words on behalf of those courtly and gallant. That was at a luncheon and see, and see on television. The Fed- who knew him mostly in his Washington life, at the Grand Old Opry years ago. My mother eral debt keeps going and going and that part of his Winn-Dixie career where was also present and Glen was with his be- going—always at the expense, of some of us in this room were his extended loved Miss Ann. My mother was so charmed course, of the American taxpayer. family. Glen was born in Washington, D.C.— that for the rest of her life she always asked says so in the Jacksonville newspaper so it A lot of politicians talk a good me ‘‘How is that wonderful gentleman from game—when they are back home— must be true. But Glen always denied that. Winn-Dixie that you introduced me to in He didn’t want to be a Washington insider. Nashville.’’ Of course, Tab got to know the about bringing Federal deficits and the Instead Glen told a Supermarket News re- total Glen over the ensuing years at the Federal debt under control. But so porter who asked where he was born: many private dinners the three of us enjoyed many of these same politicians regu- ‘‘Born in North Georgia in 1917, RFD 1, when Glen was in Washington and had a free larly voted in support of bloated spend- Clermont. Go out from Gainesville, turn left evening. ing bills during the 103d Congress— at Quillens store, going toward the Wahoo Those of us who worked at the Food Mar- which may have been one factor in the Church, and then past there up toward keting Institute during Glen Woodard’s ca- new configuration of U.S. Senators for Dahlonega. We lived there till the Grand reer knew the many facets of this fine man. Jury met—then moved to Florida.’’ Always with us when we needed him, he was the 104th Congress. My friendship with Glen goes back a long a brother to me and he was Uncle Glen to the There is a rather distressing fact as way. We both joined the supermarket indus- young people on the staff. the 104th Congress moves along: As of try 38 years ago. In 1957 Glen joined Winn- Those young people he mentored over the Friday, March 10, 1995, the Federal debt Dixie and I joined Kroger—he as a lobbyist, years—young people now mature—carry the stood—down to the penny—at exactly I as a lawyer. principles and values that he lived and $4,847,327,170.23 or $18,400.54 per person. These were the good old days of smaller taught. Here are some of them: Mr. President, my hope is that the government but it was growing and soon Integrity—stick to your principles. 104th Congress can bring under control Kroger decided to form a government rela- Strength and toughness—take a position tions department. I was chosen to do it. We and stand on it. the outrageous spending that created were going to lobby and all I knew about Work ethic—It may not be fun at first. If this outrageous debt. If the party now that was what you had to go through when you work hard enough you’ll enjoy it. controlling both Houses of Congress, as you check into a hotel. Then I got lucky. Responsibility—Take it. Most people duck a result of the November elections last The American Retail Federation was holding it. year, does not do a better job of getting a regional conference in Springfield, Illinois, Generosity—Take the blame; share the a handle on this enormous debt, the and the already-famous Glen Woodard was credit. American people are not likely to over- the featured speaker on ‘‘lobbying.’’ Glen Reliability—Say what you’ll do and then spoke on the nitty-gritty of working with do it. look it in 1996. government—the day-to-day task of dealing Fairness—It isn’t winning if you cheat. f with small problems so they don’t get big— And finally, Grace under pressure. the same way we all deal with our family On behalf of those young people, Glen, I and business problems. He spoke on the day- say you brought a great deal of nobility to DR. RICHARD C. HALVERSON to-day things that government does, our day-to-day lives and you made us feel Mr. HATCH. Mr. President, last Fri- wittingly or unwittingly, that impose a worthwhile. day marked the official last day of great burden on business. While business is A few years ago we tricked Glen into com- duty for our Senate Chaplain, the Rev- focusing on the big issues we tend to ignore ing to a testimonial dinner on his behalf. He erend Richard C. Halverson. I want to the minor day-to-day interferences that cost thought it was for someone else. The dinner us money and slow us down. The title of his menu was designed especially to Glen’s take just a moment to pay tribute to speech was repeated at just the right time taste. He always said he was sick of over- his service to the Senate as an institu- throughout his presentation, in that pat- cooked beef, rubber chicken and livers tion and a word of thanks for his min- ented stentorian voice. It was ‘‘While you wrapped in burnt bacon. So we had a Glen istry to Senators as individuals. March 13, 1995 CONGRESSIONAL RECORD — SENATE S 3831 Dr. Halverson came to us in 1981 after Mr. President, at the time President resume consideration of H.R. 889, which an already distinguished pastorate at Reagan’s advisers cast their lot with the clerk will report. Bethesda’s Fourth Presbyterian the Red Chinese Government, Congress The assistant legislative clerk read Church. There, as here, he tried to was promised that the United States as follows: build a strong community—a commu- would nonetheless continue to ‘‘pre- A bill (H.R. 889) making emergency supple- nity that supported each other and serve and promote extensive, close and mental appropriations and rescissions to pre- strengthened each other’s faith. friendly * * * relations’’ with the peo- serve and enhance the military readiness for Dr. Halverson was not a spiritual ple on Taiwan. But one administration the Department of Defense for the fiscal year leader as much as he was a spiritual co- after another failed to live up to that ending September 30, 1995, and for other pur- alition builder. He knew that the needs promise. poses. of Senators were so unique that any How in the world could any one con- The Senate resumed consideration of chaplain had to do more than pray for sider it close and friendly to require the bill. us once a day. He knew that cultivat- the President of Taiwan to sit in his Pending: ing faith and goodwill required more plane on a runway in Honolulu while it Bumpers amendment No. 330, to restrict than the skills of a single professional was refueled? I find it hard to imagine the obligation or expenditure of funds on the clergyman. That Reverend Halverson that United States relations with Red NASA/Russian Cooperative MIR program. Kassebaum amendment No. 331 (to com- led us to appreciate and seek out the China would have come to a standstill mittee amendment beginning on page 1, line spiritual strengths in each other was because a weekend visit to the United 3), to limit funding of an Executive order perhaps his greatest achievement as States by Taiwan’s President Lee was that would prohibit Federal contractors chaplain. allowed. from hiring permanent replacements for To those who view the Senate on C– The President’s China policy is in striking workers. SPAN or even from the inside vantage poor shape at this point—even mem- The PRESIDING OFFICER. The point of the press galleries, the office bers of Mr. Clinton’s team recognize Chair recognizes the Senator from Mas- of Senate Chaplain may appear to be that. So, how can anyone really pre- sachusetts. superfluous. But, Dr. Halverson’s tend that allowing President Lee to Mr. KENNEDY. Madam President, gentle outreach to all Senators—of travel to his alma mater—or to vaca- during the course of our discussion last both parties and of all religious de- tion in North Carolina—would send our week about the action of the President nominations—made the chaplaincy a already precarious relations with Red of the United States in issuing the Ex- living example of exactly the kind of China plummeting over the edge? ecutive order on the permanent re- men and women we all strive to be: Last time I checked the mainland placement of striking workers, there kind, forgiving, honorable, and joyful. I Chinese were obviously and under- were a number of issues that were believe that most Americans support standably enjoying their relations with raised. One was the question of wheth- the idea that these qualities ought to the United States a great deal. We er the President had the authority and exist somewhere in the hustle and bus- would be enjoying them, too, if only the power to issue the Executive order; tle of what goes on under this great American taxpayers could be benefit- a second was whether there was a Capitol dome. ing to the tune of $30 billion every year sound public policy rationale to do so. I, for one, will miss hearing his as a result of United States trading I would like to take a few moments of cheerful ‘‘God bless you’’ when passing with Red China. the Senate’s time this afternoon to ad- him in the corridors. There is not a one Time and again, the U.S. Congress dress those issues specifically, and then of us here who would not admit to feel- has urged the administration to grant to make some additional general com- ing better upon hearing that; some- President Lee a visa. We have even ments. times it changed the perspective of the amended United States immigration Madam President, I understand that entire day. law so that it now specifically men- earlier in the course of the Senate ses- His ministry here has been well- tions the President of Taiwan. Con- sion there may have been a statement served and now his retirement is well- gress has passed resolution after reso- by the majority leader as to how we deserved. I wish to join all Senators in lution encouraging the President to were going to proceed on the Kasse- wishing Dr. Halverson a rewarding and allow President Lee into the United baum amendment. We initially had the happy retirement. States for a visit. All to no avail. cloture vote called for at 5:30 this f Now’s the time, Mr. President, We afternoon but now that vote will occur encourage you to allow President Lee on Wednesday at a time to be worked TIME FOR COMMON COURTESY: to visit the United States when he so out by the leaders. I believe that I am WELCOME TAIWAN’S PRESIDENT chooses. Bear in mind that some of us correct. That is my understanding as TO OUR SHORES in Congress will never cease our sup- how we are going to proceed. I was in- Mr. HELMS. Mr. President, I am port for one of America’s greatest al- quiring of staff whether that had actu- happy to participate in calling the Sen- lies, the oldest democracy in the Asian ally been announced in the Senate for ate’s attention to a travesty in the region—the Republic of China on Tai- the benefit of the membership. Could I modern conduct of U.S. foreign rela- wan. make that inquiry? tions. The question all Americans Mr. KENNEDY addressed the Chair. The PRESIDING OFFICER. Consent should confront is, how and when did The PRESIDING OFFICER. Will the was obtained to postpone the vote on the United States reach the point in Senator from Massachusetts withhold the Kassebaum amendment to Wednes- United States-Taiwanese relations that so that we can go back to the pending day, March 15 at 10:30 a.m.. United States foreign policy could pos- business? Mr. KENNEDY. I thank the Chair. sibly forbid a visit to the United States Mr. KENNEDY. I thank the Chair. Madam President, when we debated by the highest-ranking, democratically f the issue of permanent striker replace- elected citizen of Taiwan? ment last year and again on the floor Though I seldom disagree with Ron- CONCLUSION OF MORNING last week, our opponents argued that ald Reagan—I did strongly disagree on BUSINESS the use of permanent replacements is a few occasions and one of those was The PRESIDING OFFICER. Under too infrequent to justify a legislative when President Reagan’s advisors the previous order, morning business is response. But the tens of thousands of made a bad decision—one which so closed. workers around the country who have jeopardized our relations with Taiwan lost their jobs for exercising their legal by cuddling up to the brutal dictators f right to strike bear witness to the need in Beijing. for action. Study after study has shown Since that time, the United States EMERGENCY SUPPLEMENTAL AP- that the permanent replacement of has been forced to hide behind a diplo- PROPRIATIONS AND RESCIS- strikers has exploded, and that the matic screen to demonstrate our com- SIONS ACT use—or threat of use—of permanent re- mitment and loyalty to the Taiwanese The PRESIDING OFFICER. Under placement is now a routine practice in people. the previous order, the Senate will now collective bargaining negotiations. I S 3832 CONGRESSIONAL RECORD — SENATE March 13, 1995 took a few moments when we were striker replacements on strike dura- permanently replaced when she and meeting last Friday with charts to tion. other nurses’ aides and members of the demonstrate the rather dramatic in- Using a GAO-compiled data base of dietary and housekeeping staff went on crease in the utilization of permanent strikes that occurred in 1985 and 1989, strike on 1989, recently described her strike replacements in recent years. Professors Cynthia Gramm and Jona- feelings about what happened to her:

In a survey of employer bargaining than Schnell of the University of Ala- I worked there for 81⁄2 years. A lot of pa- objectives conducted by the Bureau of bama found that the mean duration of tients were like family to me. I felt lost for National Affairs earlier this year, an a permanent replacement strike was awhile. I didn’t want to start all over some- incredible 82 percent of the employers three times as long as the mean dura- where else. surveyed said that if their employees tion of strikes where permanent re- You always hear about people going out on went on strike, they would attempt to placements were not used. strike and people going back. I just never replace them, or would consider doing A survey of strikes involving mem- dreamed that it would be over that way. I so. And of those employers, more than bers of the Steelworkers Union from thought I was going to retire from the place. one in four said the replacements 1990 to the present found that where Although opponents of the Presi- would be permanent. temporary replacements were used, the dent’s Executive order make much of The historical evidence also leaves average duration of an economic strike that fact that permanently replaced no doubt that this has become a seri- was 121.9 days, but when the employer strikers do have the right to be placed ous problem, and that it is getting hired permanent replacements, average on a preferential hire list to be consid- worse. Let me just review for a mo- strike duration lengthened to 284.1 ered for future openings if the perma- ment the results of a study by Teresa days. nent replacements leave, the fact is Anderson-Little of the economics de- Why is that strikes involving perma- that very few workers actually do over partment at Notre Dame University. nent replacements last so long? The return to work with their previous em- By searching through electronic data answer is that once permanent replace- ployer. bases, published legal articles, and Na- ments are hired, the union and the em- And many never recover, financially tional Labor Relations Board case re- ployer are immediately placed at oppo- or emotionally, from the devastating ports, Ms. Anderson-Little was able to site extremes on the issue of reinstate- experience of being thrown out of their identify 632 strikes involving the use of ment of strikers, which becomes the jobs for exercising what is supposed to permanent replacements which oc- sole topic of bargaining. Since it is an be a legally protected right. curred between 1935 and 1991—the larg- irreconcilable issue, the strike contin- Banning the permanent replacement est data base of any of the studies that ues until either the union or the em- of striking workers has overwhelming have been conducted to date. Her re- ployer concedes. support not just from labor, but also search confirms that the use of perma- The union finds it impossible to give form religious groups, civil rights nent replacements was extremely rare in, since accepting the employer’s posi- groups and women’s groups. They un- in the first 40 years following passage tion means by definition that the em- derstand that this issue is not about of the National Labor Relations Act, ployees have been replaced and can’t some abstract power struggle between and that the increase has been dra- have their old jobs back. The employer, big business and big labor. This is matic in recent years. for its part, has little incentive to ca- about real people who are being de- From 1935 through 1973, there were on pitulate once it has hired and made prived of the only leverage they have average only six strikes per year in commitments to new, permanent work- to counteract the enormous power that which employers hired permanent re- ers. employers have to dictate terms and placements. But beginning in 1974 and Studies like the Gramm-Schnell conditions on the job. continuing through 1980, the average study have consistently found that em- This is about workers like the women number of strikes per year involving ployers now hire permanent replace- at Diamond Walnut, who gave decades permanent replacements nearly triples. ments in 20 percent of all strikes, and of their lives to that company, who And from 1981—the year President threaten to hire replacements in an- agreed to 30 percent paycuts in their Reagan permanently replaced the other 15 percent of strikes. meager wages to help their company striking PATCO workers—through 1991, The notion that we can sit back and survive when it was in trouble, and who the average rose to 24 strikes per let this practice continue because then were thrown out on the street year—4 times the average prior to the workers are permanently replaced in when the company was back making mid-1970’s. only 1 out of 5 strikes is both heartless record profits because of their sac- Our opponents like to claim that the and absurd. Every single worker who is rifice. ability of employers to permanently permanently replaced is one too many. This is about the workers at Burns replace workers helps to promote more Lest no one doubt that there are real, Packaging in Kentucky—45 percent cooperative labor-management rela- flesh-and-blood workers behind these black and 40 percent female—who were tions, and prevent disruptions to the statistics. When we debated this issue making $4.70 an hour when they de- economy caused by strikes. But Ms. last year, we were presented with a list cided to form a Union. What they Anderson-Little’s study also confirmed of individual names of more than 19,000 asked for was a 5 percent increase, to that the use of permanent replace- strikers who were permanently re- just $4.95 an hour, and a grievance and ments significantly prolongs strikes placed in strikes that occurred in the arbitration procedure for resolving and prevents disputes from being set- eighties and early nineties. Those are complaints about unfair treatment. tled. names from just a limited sample of But when they struck after 6 months of While the average duration of all strikes that occurred during that pe- fruitless negotiations at the bargaining strikes in the United States has his- riod. And since last year, the numbers table, they were immediately perma- torically ranged from 21⁄2 to 4 weeks, have kept growing. nently replaced. strikes involving permanent replace- In my own State of Massachusetts, at (Mr. GRAMS assumed the chair.) ments have consistently lasted an av- least 450 workers have been perma- Mr. KENNEDY. The President’s Ex- erage of 7 times long as strikes where nently replaced just since 1988, includ- ecutive order will not change the law permanent replacements were not ing workers at ADT Security Systems, regarding permanent replacements. hired. Brockway Smith, Kraft S.S. Pierce, But by banning the practice of perma- Since the Bureau of Labor Statistics and Olson Manufacturing. nent replacements on Federal con- stopped keeping comprehensive data on To these workers and their families, tracts, it will help to prevent the ter- strike duration in the 1980’s, Ms. An- this is not some minor issue that is rible injustice to working people that derson-Little’s findings involved undeserving of congressional atten- is caused by the current system. strikes only through the end of the tion—this is about their jobs, their In the end, what is at stake here is 1970’s. However, studies involving more livelihood, their families’ future. the standard of living for working men limited samplings of strikes during the Lori Pavao, a former nurses’ aid at a and women. The country has experi- 1980’s and 1990’s affirm the impact of nursing home in Fall River who was enced a 20-year decline in real wages. March 13, 1995 CONGRESSIONAL RECORD — SENATE S 3833 Hourly compensation has fallen com- and find work to help supplement the care has dropped from 63 to 56 percent. pared to other major industrial na- family’s income jobs are finding that The percent of workers covered by em- tions. the only jobs available are minimum ployer-provided pension plans is also Since the early 1980’s, we stand vir- wage jobs, and that is another issue rapidly decreasing. tually and ominously alone in the in- which we must address. The real pur- What we are seeing is that the cov- dustrial world as a Nation where the chasing power and the minimum wage erage of workers by employers for their disparity in income between the rich continue to decline. So the ability of health care costs is on a downward and the poor grew wider. That is not a those other members of the family to slide. And those pensions that were out healthy trend for any country, and cer- contribute to the income of the family there to give workers some degree of tainly not for ours, which is based on is reduced. This whole issue presents to additional security so they would be the principle of fair opportunity for all. the Senate and the House of Represent- able to live their golden years in peace The facts are disturbing. The ratio in atives the question of whether we are and dignity are also being cut back. earnings between the top 10 percent of going to truly honor and reward work But by God, if you complain about wage earners and the bottom 10 percent in our society. those cutbacks that are taking place is wider in the United States than in Are we going to say to people that every single day across America, off any other industrial country. The bot- are prepared to work 40 hours a week, you go—you’re permanently replaced, tom third of American workers earn 52 weeks a year, that you will earn a put on the junk heap. And that is what less in terms of purchasing power than living wage and have a future? Or are is happening. their counterparts in other countries. we going to say that you can be treated We have a President who is saying, to American workers are actually work- like wornout and antiquated machin- the extent that he has the authority ing harder than workers in other indus- ery and put on the junk heap while we and the power, he is going to say ‘‘no’’ trial nations. The U.S. workers now hire other younger people that will to the use of permanent strike replace- labor 200 hours more a year than work- work for a good deal less in terms of ments on Federal contracts. That ers in Europe. While vacation and lei- their benefits, because younger people makes a good deal of sense. sure time have increased over the past are healthier and they do not have the This President’s action on permanent 20 years for Europeans, they have de- health-care costs and needs that older replacements offers us a chance to take clined for most Americans. workers do. a stand against all of these disturbing Yet, according to the Congressional The phenomenon we are seeing, Mr. trends: ending the practice of perma- Budget Office, between 1977 and 1989, President, is that while the after-tax nently replacing workers on Federal the after-tax income of the top 1 per- income of the top 1 percent of the fami- contracts will not solve all of the prob- cent of families rose by more than 100 lies rose more than 100 percent, that of lems of working Americans, but it can percent, while that of the bottom 20 the bottom 20 percent fell nearly 10 help turn the tide, and by affirming percent fell nearly 10 percent. percent. Who are those 20 percent who this country’s commitment to collec- Here we are seeing an extraordinary are seeing their real earnings decline? tive bargaining, we are reaffirming our phenomenon, which is really unique in They are the workers who are out there commitment to a fair balance between terms of the whole American experi- every single day, playing by the rules, labor and management. ence in this centry. For decades, all of doing their bit and participating. And We will be standing up for the origi- us moved along together, as we in- they are the workers who, if they have nal historic intent of the labor laws, creased productivity and output, and the nerve to try to gain another 5, 10, which have done so much for the coun- as we adopted new technology and new 15 cents an hour in wages, are being try in the past half century. The Presi- skills, as we saw corporate profits in- permanently replaced by their employ- dent’s Executive order closes the loop- crease, the standard of living for work- ers. They are the ones who are taking hole that undermines good relations ing families also increased, so that it on the neck. between business and labor, and I urge each generation was better off than the The President of the United States the Senate to support it and reject the past generation. That is generally what says that if those companies are going amendment. most Americans experienced, it is no to go ahead and dismiss those workers Mr. President, many of our Repub- longer true for the current generation. and hire permanent replacements for lican colleagues have said that they We are seeing that working families them, we are not going to give them an are troubled by the President’s action are working longer and harder, and additional leg up by entering into con- in signing the Executive order. They with less to show for it in terms of tracts with them that allow them to complain that it takes away the rights their real incomes. The only factor make profits with taxpayers dollars; of Congress. that has really enabled families to we are just not going to do that. But this is not what they are really maintain a stable income over the last And now we have an amendment on concerned about. Not one of them, not 15 years is the enormous infusion of the defense appropriations bill which even the Senator from Kansas [Mrs. second family earners—workers’ wives, seeks to block the President from im- KASSEBAUM], the Senator from Texas for the most part—into the labor mar- plementing that policy, an amendment [Mr. GRAMM], nor the Senator from ket. It is only by having their spouses which is effectively a legislative initia- Vermont [Mr. JEFFORDS], not a single come into the work force and augment- tive on an appropriations bill, which is Republican Senator stood up to com- ing and supplementing the family’s in- not appropriate, and which is tying up plain 3 years ago when President Bush come that working families have been the Senate and preventing us from signed an Executive order on project able to offset the effects of declining doing our basic work in terms of deal- labor agreements that changed the na- real wages. ing with defense appropriations. Our tional labor law and prohibited Federal Now what we are seeing, even with Republican colleagues have insisted on contractors from doing something the all these women who are wives and offering and pressing this amendment. National Labor Relations Act allowed mothers in the work force, is that fam- So we are here responding to their ar- them to do. ilies have effectively stagnated and guments. On October 23, 1992, President Bush real purchasing power, is in decline. Mr. President, another phenomenon signed Executive Order No. 12818, which That is what is happening. And there that is happening out there in the real prohibited contractors on federally is no further adjustment that working world for workers is that health care funded construction projects from en- families can really make to deal with for the American workers is becoming tering into otherwise lawful prehire that problem. Most families already increasingly expensive. labor agreements. The Executive order have everyone in the family is able to Union workers who went without pay prohibited contractors from requiring work out there working. So they can’t increases in order to obtain good their subcontractors be bound by their put another family member to work to health care have seen their health ben- labor agreement, even though section make up for the fact that in real terms, efits cut back. They have been asked to 8(e) of the National Labor Relations their wages are declining. pay greater percentages of health Act explicitly permits such agreement. Too many of those other members of costs. Since 1980, the share of workers President Bush, unlike President Clin- the family who are trying to go out under 65 with employer-paid health ton, overrode an explicit congressional S 3834 CONGRESSIONAL RECORD — SENATE March 13, 1995 statement about national labor policy that the President has deemed less reliable tracts with contractors that are going passed by both Houses of Congress and than others that are available. Contractors to have permanent striker replace- signed into law by the President. that use the less reliable machines are less ments. Did any Republican complain? No, likely to deliver quality goods or produce Why? Because those permanent re- their goods in a timely manner. not a one. Why not? Could it be they We see no distinction between this hypo- placements are unlikely to have the have no real concern about the Presi- thetical order in which the President pro- skills, the background, the experience, dent overriding congressional labor hibits procuring from contractors that use the techniques, the knowledge and the policy as long as the President’s ac- machines that he deems unreliable and one know-how to deliver good products on tions are anti-union and are designed that the President actually issued which time which they would be charged to to thwart collective bargaining and di- would bar procurement from contractors do. And rather than taking that minish the power of working Ameri- that use labor relations techniques that the chance, in terms of protecting the tax- President deemed to be generally unreliable, cans? Isn’t their only real problem payers’ interest in it, he is not going to with President Clinton’s Executive especially when the Secretary of Labor or the contracting agency’s head each confirm participate in that. order a partisan political problem— the validity of generalization in each specific I think that is sound common sense that they will support an activist Re- case. and is a sound action in terms of pro- publican President but lash out at a Mr. President, this issue is related as tecting the financial interests of the Democrat? Certainly, there is no con- well to the debate that we have had in United States. And it is a sound social sistency of principle amongst our Re- the past, and I am sure will have again policy in terms of trying to give some publican friends who are attacking the in the course of this Congress, about respect to those individuals who are President now. working hard, playing by the rules, Every Republican who voted for S. 55 the Davis-Bacon law which was initi- who believe that under the National is opposing the Executive order now. ated by Republicans and has been the Labor Relations Act it is still the law They are putting partisanship above law of the land for more than 60 years. that you cannot fire someone who principle. Attempts will be made to repeal it. strikes and that therefore it makes no President Clinton’s Executive order The Republicans say, ‘‘Look, instead sense to say that a striker can be per- does not conflict with an explicit con- of requiring federal contractors to pay gressional statement of labor policy. prevailing wages, we can actually save manently replaced. There is nothing in the National Labor the Federal Government some money It makes absolutely no common Relations Act that specifically author- by letting those wages slide down, slide sense to say that you cannot fire strik- izes the use of permanent replacements down, slide down, so that the contract- ers but you can permanently replace for strikers. Yet there is a provision in ing can be done at less cost to the tax- them. And the workers of this country section 8 of the National Labor Rela- payer.’’ are fortunate to have a President who tions Act that makes project labor Well, that argument has a sort of su- understands that the use of permanent agreements legal. So why are the Re- perficial logic to it, but as former Sec- replacments is at odds with what the publicans who were not concerned retary of Labor John Dunlop has com- basic principles of the National Labor when President Bush issued his Execu- mented—and Professor Dunlop is not a Relations Act and with the system of tive order on project labor agreements Democrat but a Republican, and one of collective bargaining that has served now so concerned about President Clin- the foremost labor economists in the this country well over many decades. ton’s order on permanent striker re- country—as former Secretary Dunlop So, Mr. President, I hope we will not placements? has argued, it is a very shortsighted hear any more manufactured outrage The Republicans are deeply troubled way of viewing what is really going to about the President’s Executive order. by this order. We heard a great deal be in the public’s interest, in the tax- The President has followed precedents about that. We are deeply troubled by payers’ interest, over the long run. established by President Bush. He is the action of President Clinton. We are You cannot assume, Professor Dun- fully within the authority granted him deeply troubled by the implication of lop points out, that overall project by Congress to control the Federal pro- this Executive order. We are deeply costs are going to be lower just because curement process. The real issue for his troubled by what this is going to mean the dollars you are paying in wages to critics is his support for working in terms of labor relations. We are the workers are lower. What you have Americans and labor organizations, deeply troubled that somehow we are to look at is the overall issue of pro- and not the process he has used to ac- interfering in the balance between ductivity and quality and the ability to complish it. workers and management. We are all deliver a good product on time. That Now, Mr. President, over the course deeply troubled. ought to be obvious to all of us. And of the debate in these past days, we Well, none of them was deeply trou- John Dunlop’s basic posture and posi- have heard various arguments that pre- bled at the time when a Republican tion is that it is delusional to believe venting employers from permanently President issued an Executive order that just by finding people that are replacing strikers would encourage which was in conflict with the National going to work for a lesser cost than the strikes and upset the balance in labor- Labor Relations Act. No, none of them prevailing wage, that somehow you are management relations by somehow en- were deeply troubled at that time. A going to be able to save millions or suring that unions would always win a Senator who truly finds President Clin- hundreds of millions of dollars, some strike situation, the President’s Execu- ton’s action troubling would have been even estimate it as high as billions of tive order. I thought it would be worth- far more troubled by President Bush’s dollars, in terms of taxpayers’ funds. while just to take a few moments to re- much more direct challenge to congres- What is going to happen is you are view these arguments and also to re- sional authority. going to get inferior products not de- spond to them so that the Senate No, the problem is not the Presi- livered on time and of poor quality. record would reflect my view of the an- dent’s authority. Congress gave the And someone is going to have to make swers to these questions. President clear authority to control that up, and it is going to be the tax- One of the first questions is, would a the practices of Federal contractors in payer who is going to pay a good deal ban on permanent replacements inevi- the Federal Property Administrative more. tably lead to more strikes? No, Mr. Services Act, 40 U.S.C 471. As the Jus- We are talking about the same con- President, I do not believe that it tice Department’s legal analysis points cept, Mr. President, here in terms of would. Even without the threat of per- out, that authority is broad-ranging. the President’s Executive order on the manent replacement, a strike has al- As that legal analysis states: use of permanent replacements by Fed- ways been a serious matter for workers eral contractors. All we are saying is and their families. Workers do not We have no doubt, for example, that sec- tion 486(a) grants the President authority to that, with regard to the President’s Ex- lightly choose to forgo their wages, issue a directive that prohibits executive ecutive order, he does not want to use walk the picket lines for days, weeks, agencies from entering into a contract with the contracting authority of the Fed- or months; deplete or exhaust their life contractors who use a particular machine eral Government to enter into con- savings and become dependent upon March 13, 1995 CONGRESSIONAL RECORD — SENATE S 3835 the charity of others. Workers are es- hired. A prohibition on permanent re- manently replacing strikers we are pecially reluctant to take on these sac- placements would certainly not ensure going to be disadvantaged in our abil- rifices because it is never certain that that the union always prevailed in an ity to compete effectively in trade a strike will accomplish their goal. economic strike. around the world. Apart from the economic disincen- Employers have many ways to main- It is interesting to me to hear this tives, a strike imposes a great emo- tain production and revenues during a argument invoked so frequently, when tional strain on families, friendships, strike. They can hire temporary re- the fact is that every other industrial and on the fabric of local community placements. They can use nonstriking country provides much more generous life. A strike is a last resort that no employees, managers, and supervisors benefits to its workers than we do. Our one undertakes lightly. It is wrong to to do the work; they can hire sub- opponents say we cannot have com- suggest that workers will walk out on contractors to do the work; and they prehensive health insurance for all their jobs simply because they cannot can rely on stockpiled inventory. All of Americans because it is going to make be permanently replaced. those techniques have been used in the it difficult for us to compete inter- Workers do not enter into strikes out past with considerable success by em- nationally, but all of the other indus- of any desire or expectation that they ployers. Through these and other trial countries of the world have it. will cause permanent hardship to the means, employers avoid the hiring of They said we could not have family and employer. Workers expect to return permanent replacements in the major- medical leave because we would not be after the strike. They have every inter- ity of strikes today. Prohibition on the able to compete effectively. But work- est in the long-term prosperity of their use of permanent replacements leaves ers in other countries have family and employer. in place many significant limitations medical leave. In fact, virtually all of If anything, the use of permanent re- of what workers may do during a them have paid family and medical placements is what produces longer, strike. Unions would remain unable to family leave, except for the United more bitter strikes, by transforming engage in secondary boycotts and States. the dispute from a dispute about wages would continue to be subject to strin- Our opponents says we cannot have and benefits into a battle over the fu- gent picket line restrictions. an effective day care program because ture of every striker’s job. These are Will a ban on permanent replace- we will not be able to compete, when the hardest disputes to settle, and last ments unfairly deprive employers of a every other industrial country of the the longest time. legitimate self-help option? No, be- world has a comprehensive child care Many strikes today occur precisely cause the hiring of permanent replace- system as a matter of national policy. because the employer has the possibil- ments should not be viewed as a legiti- Whatever political parties are in power ity of permanently replacing the work mate form of employer self-help. in the democratic industrial nations, force. The employer has little incen- The National Labor Relations Act none of the political leaders, none of tive to engage in meaningful bargain- calls for controlled conflict between the political parties is for emasculat- ing with the union when the alter- labor and management. There are prin- ing programs that reach out to the native is either that the union surren- ciples of fairness that limit each side’s most vulnerable in society. Contrast ders to the employer’s demands, or right to engaging in self-help activity. that to what is happening now in the there is a strike that enables the em- Thus, unions are not permitted to en- Contract With America where the Re- ployer to replace the work force, break gage in secondary boycotts or picket publicans are cutting out school lunch the union, and escape the necessity of line violence during a strike, even programs, cutting back on day care bargaining altogether. though each of these activities makes programs, cutting back on the WIC Maybe strikes would be avoided if the it easier for unions to win a strike. Program, cutting back on student aid employers did not have the temptation Similarly, the hiring of permanent re- programs and teacher support pro- of permanently replacing their work placements must be viewed as so fun- grams, cutting back on housing pro- force. That, Mr. President, really says damentally unjust it undermines the grams for the homeless. it. If the employer understands that he basic concept of controlled labor-man- I do not know how many saw that has the option to replace all the work- agement conflict. enormously moving story by one of the ers, he has very little interest in trying The fact of the matter is that it is networks over the weekend called ‘‘The to resolve the dispute. But if the em- not the law of the jungle out there. Feminization of Homelessness,’’ about ployer has an interest in trying to re- There are effective restraints in the the growing number of women and chil- solve the dispute then it is logical to law already on the tactics which can be dren in our society affected by home- assume that the disruption would be used by parties to a labor dispute, and lessness and the explosion of in those held to a minimal amount of time. those restraints are respected. But the numbers that is taking place all across You cannot read or hear the real-life use of permanent replacements alters this country. stories of individuals that have been and changes this in a very significant Maybe we do not have the existing permanently replaced without being way. programs right, and certainly we do struck by the fact that invariably Cardinal O’Connor, the Archbishop of not in all circumstances. But we ought those workers talk about how they the Diocese of New York, testified elo- to try to find ways of improving, wanted to continue working for their quently on this moral dimension of the strengthening, and making them more employer—how they had every hope permanent replacement issue. He said: effective—making them work rather and intention of remaining with that It is useless to speak glowingly in either than effectively abandoning them. employer as long as they were able to legal or moral terms about the right to bar- No, we cannot say the benefits we work. That is a common expression, a gain and to strike as a last resort, or even provide to working families are common view, a common opinion that the right to unionize, if either party—man- disadvantaging us internationally in agement or labor —bargains in bad faith, or runs through the stories of the vast in the case of management, with the fore- our ability to compete. The fact of the majority of those workers. knowledge of being able to permanently re- matter is, the United States lags be- Next, would prohibiting the perma- place workers who strike on the primary hind the rest of the world, including nent replacement of strikers guarantee basis of the strike itself. In my judgment, our major competitors, when it comes that unions will win every strike? This this can make a charade of collective bar- to the basic democratic rights of work- is a concern raised by those who argue gaining and a mockery of the right to strike. ers. Our No. 1 trading partner, Canada, that somehow we are changing the It could not be said any clearer than does not even authorize permanent re- rules in such a way as to upset the Cardinal O’Connor said it in that com- placements for strikers, even though whole balance between the workers and ment. So compelling, so sensible, so Canada adopted the NLRA as a model the employers and guarantee that one simple in its logic and rationale. for its labor laws. Canadian law has side rather than the other would al- What is the practice of our foreign regularly rejected the Mackay rule as ways win. competitors with respect to the lawful- inconsistent with free collective bar- The fact is that employers win many ness of hiring permanent replace- gaining. United States firms operating strikes in which no permanent replace- ments? Often we hear the argument in Canada are as profitable without the ments are hired or threatened to be that if we prohibit employers from per- Mackay rule—which is the rule that S 3836 CONGRESSIONAL RECORD — SENATE March 13, 1995 permits the permanent replacement of measure, but it seems to me that we was never challenged by either the strikers—as American firms operating are having a good debate. Congress or the Supreme Court. under the Mackay rule in the United Mr. President, I would like to explain So I think the difference is very States. what this debate is about. This debate clear. This Executive order is being Other major economic competitors— is not about the Contract With Amer- challenged in Congress and is going to Japan, France, Germany—categori- ica. It is not about all of the other is- be challenged in the courts. It is by its cally prohibit the dismissal of striking sues that have been raised, including very nature a troubling effort by the workers. Employers in these nations school lunches and child care. Those executive branch to, by executive fiat, recognize the importance of investing are important issues to be debated at change what has been the law of the in human resources and have no desire another time. The issue before us at land, and a major part of labor law, for to rid themselves of the skilled and this particular moment is an Executive some 60 years. This Executive order is loyal work forces that they have as- order that President Clinton has issued troubling because, on the one hand, la- sembled. The employers here who use that says large contractors doing busi- bor’s right to strike has been upheld, permanent replacements are harming ness with the Federal Government themselves and their country. should be prohibited from hiring per- but on the other hand management’s Most of the industrial democracies manent replacement workers. right to hire permanent replacement with which we compete—just about There are people with strong views workers, just as much a part of exist- every one of them—has a very exten- on both sides of the striker replace- ing labor law, is being attacked. sive, continuing training program to ment issue. I feel that we have debated I would like to quote a paragraph upgrade the skills of all of their work- this issue thoroughly during the past from the lead Washington Post edi- ers. That is true in France, Germany, Congress and again in this Congress, torial this morning. It says: and all of the Western European coun- and we will be debating it further, I am The law is contradictory. The National tries. sure, in years ahead. Labor Relations Act says strikers can’t be Ask them how they do it? Are they What troubles me is that the Presi- fired; the Supreme Court has nonetheless not concerned that if they train, invest dent, through this Executive order, is ruled that they can be permanently replaced. and use some of their profits to train able to change major labor law. The The contradiction may be healthy. By leav- and upgrade their work force that Senator from Massachusetts mentioned ing labor and management both at risk, the those workers may leave and go to an- in his opening comments today that law gives each an incentive to agree. For most of modern labor history, management other place? They say, ‘‘Well, the other Presidents in the past—President Bush in fact has made little use of the replace- companies are doing the same thing.’’ and President Reagan—issued Execu- ment power and labor hasn’t much protested And that is why we have seen in the tive orders and nothing was said. Let it. United States, with the exception of me just, once again, go through those Perhaps this is where we are today, some of the top companies, really less three Executive orders and why I be- than 10 percent of companies who have lieve they are very different from the trying to ponder this contradiction. We real training programs. And most of Executive order that we are debating can ask ourselves if, in revisiting the that training does not go to the work- today, and the amendment which National Labor Relations Act we need ers on the front line, but to the super- would say that no moneys could be to address it in some different ways to visors and the managers. We do not used to implement that Executive meet the changing labor markets. The have a consistent ongoing upgrading order. current balance has worked well. On and training system for American President Reagan issued an Execu- the other hand, I am sympathetic to workers. tive order that replaced striking air those who say management should not Other major economic competitors, traffic controllers with permanent re- immediately hire permanent replace- as I mentioned, categorically prohibit placement workers because the air ment workers because, if that is the the dismissal of striking workers. Even traffic controllers had been striking il- case, the employees have lost some le- in the nations of Eastern Europe, legally. There was never any question verage which they would have with the which we applaud for their emerging about hiring permanent replacement right to strike. democratic unionism, workers who workers at that time. During the years On the other hand, if the employees strike do not lose their jobs. following that Executive order there take advantage of a company such as What happened to the machinists at were several measures debated on the Diamond Walnut, which has been de- Eastern Air Lines did not happen to Senate floor about rehiring those strik- bated here before, and strike right at the shipyard workers at Gdansk and ing air traffic controllers which did not the beginning of the season in which what happened to the coal miners at pass. all of the crop must be harvested, is it Massie Coal Co. did not happen to the President Bush issued one Executive not a calculated strike to force man- coal miners in Eastern Europe. If we order which required the posting in the agement to its knees? Is there not are prepared to extol the virtues of the workplace of all of the rights of em- some means to balance these compet- trade union abroad, we should be will- ployees. This was, by law, something ing interests without causing a prob- ing to restore a level playing field for that should have been done and was not lem? collective bargaining at home. in any way changing the law of the I am absolutely certain, Mr. Presi- Mr. President, I see some of our other land. dent, that the President has made a se- colleagues on the floor who want to The second Executive order issued by rious mistake by issuing the Executive speak. At this time, I yield the floor. President Bush concerned prehire con- order and changing so fundamentally Mrs. KASSEBAUM addressed the tracts, and that I think is a bit un- labor law that has on the whole worked Chair. clear. One of the major differences be- well. Initiating an Executive order that The PRESIDING OFFICER. The Sen- tween that Executive order and this ator from Kansas. one is the fact that the prehire con- will countermand legislative language Mrs. KASSEBAUM. Mr. President, I tract had never been debated in this is a slippery slope that can then work would like to express my appreciation Chamber. On the other hand the use of to any President’s advantage. I think to the Senator from Massachusetts for permanent striker replacement work- it calls into question the separation of being understanding of the necessary ers has been an issue debated in both powers between the executive and leg- absence of the Senator from Utah. He the House and Senate at great length. islative branches. very much wanted to be a part of the While one may question whether While it is the right of the President debate and the vote and his absence is President Bush by Executive order to issue an Executive order, when it one of the reasons that the cloture vote could put into place the rule that overturns the law of the land, I think has been postponed until Wednesday. I prehire contracts could not be entered we have to approach it carefully. The also appreciate the understanding of into, it had never been debated by Con- Senator from Massachusetts said that the Democratic leader. gress. If we were to have changed it, there are those who argue it would lead There has been a desire from all of then Congress, logically, should have to more strikes. I am not sure that it you to move ahead. The defense supple- been the place to make a change. But necessarily would. But I think what it mental legislation is an important the prehire contracts Executive order would do would certainly lead to far March 13, 1995 CONGRESSIONAL RECORD — SENATE S 3837 greater uncertainty in the market- prehire agreements and project labor are top of the line. To say, look, if they place. I think it would lead to far agreements. have a dispute up there and you are greater uncertainty in relations be- So the Members of Congress under- going to replace one of those workers tween management and labor. I think stood in 1959 what they were approving, working on those engines with some prohibiting permanent replacements what the public policy implications permanent striker replacement who would pose enormous difficulties on were, and they accepted the particular does not have that kind of experience both sides and certainly increase the provisions permitting prehire agree- that the Federal Government expects— potential for longer strikes, because ments and project labor agreements— in terms of our defense expenditures what would be the incentive for those sections 8(e) and 8(f), which I put into and contracting I think the President on strike to go back to work? the RECORD last year. And then, in is well advised to assure that every dol- It seems to me that we simply must spite of that, without any debate and lar that is going to be expended is uphold a balanced approach, and nei- any kind of discussion, we have an Ex- going to be expended wisely, that the ther side should be able to unbalance ecutive order by President Bush to ef- item will be of good quality. the relationship. Yes, we have to be fectively undermine that. And this was The President’s Executive order does just as cautious of management in tak- after the Supreme Court had unani- not change or alter the right to hire ing that opportunity as we would with mously affirmed, in a 9-to-0 decision in permanent striker replacements. Those labor. But the mechanism is already in the Boston Harbor case, that such companies can still go out and still place for collective bargaining to agreements were perfectly lawful and have the authority and the power to work—which is the heart of the mat- authorized by Congress in the public have them. All we are saying is we are ter—and for both sides to be able to sector as well as in the private sector. not going to give them an additional bargain in good faith. I believe this is That is very different from what we benefit, like we gave to the Diamond what we in the legislative branch owe are talking about in terms of striker Walnut Co., which was getting in- both labor and management when they replacement. We have in the National creased productivity and profitability go to the bargaining table. It is up to Labor Relations Act recognition that and refused to bargain with its workers them, both labor and management, to you cannot be fired for striking, and who were making barely above the accomplish that. yet we have dictum—a footnote, effec- minimum wage. That is what we are I really believe that regardless of the tively—in the Mackay case, which was talking about. merits of this issue and where people never really made use of, picked up Who are we talking about making a stand on either side, we should think really in the period of the 1980’s after dollar? We are talking about $6-an-hour carefully about the issue before us and the PATCO strike and used to inaugu- or $7-an-hour Americans, who were pre- the implication that by Executive rate the widespread replacement of pared to work for $6 or $7 an hour. I order a major principle of labor law can striking workers with permanent re- wish we could get as worked up about be turned on its head. This, it seems to placements. the people we are really affecting as we me, is what each and every one of my We are talking about the history of are about this Executive order. These colleagues should consider as we ap- the development of this whole pro- are people working for $6 or $7 an hour proach a cloture vote on Wednesday. gram. That is really what has hap- and we are somehow trying to diminish I think that the merits of perma- pened. Then we had a debate on this. them to favor companies who want to nently replacing striking workers There is no question we had the debate pay them $5 an hour or throw them could be debated at another time. We on it. It passed with the support of Re- out, and give those companies the Fed- debated it last year. We will be debat- publicans and Democrats alike over in eral contracts, like the agricultural ing it again. But it is the Executive the House of Representatives. It was a contract which Diamond Walnut got order that we have to deal with at this majority of the Members of the U.S. which helped them to sell the products particular time. Senate who voted to eliminate the per- overseas. They made millions, tens of Mr. President, I yield the floor. manent replacements. But we had a fil- millions of dollars on that contract. Mr. KENNEDY addressed the Chair. ibuster and we were prohibited from You have both sound public policy The PRESIDING OFFICER. The Sen- acting. reasons for this, in terms of making ator from Massachusetts. I understand that is the way the sure we are going to have good quality Mr. KENNEDY. Mr. President, I ap- rules go. So the Senator is quite cor- and a good product for our Federal in- preciate the explanation of the Senator rect in saying we had a debate but we vestment, and I think you have a sound from Kansas about the issuing of the did not get final action on it. That is social policy with regard to preventing Executive order and the authority for true. But the overwhelming majority exploitation of the workers. issuing the Executive order of Presi- of the House of Representatives, and in The people we are talking about are dent Bush on the prehire issue. But I do a bipartisan way, wanted to repeal per- barely above the minimum wage. We take issue with it. manent striker replacements. The ma- have been on this now Thursday, Fri- The Senator states that the dif- jority of Republicans and Democrats day, and today. We have not been talk- ference between that Executive order wanted to repeal striker replacements. ing about consultants making $25, $30, and the Executive order on striker re- The Executive order is not banning $35 an hour who are really ripping off placements issued by President Clinton the use of permanent striker replace- the system. All the examples we have is that the issue of striker replace- ments. All it is saying is we as the Fed- been using are people making $6, $7, ments has been debated by the Con- eral Government are not going to do $7.50 an hour. They are striking for an- gress but the issue of prehire agree- additional business with you to make other nickel, another dime, and ments has not. The fact is that Con- you more profitable if you are going to bango—they are replaced. Those are gress did specifically consider and de- go ahead and hire permanent striker the people we are talking about. bate the issue of whether prehire agree- replacements, as far as Federal con- Why are we spending the time here ments should be lawful at the time tracting goes. trying to shortchange this kind of that section 8(f) and section 8(e) were The reasons for that are, as I men- worker in our society? Why are we added to the National Labor Relations tioned earlier, when you circumvent spending all day Thursday, all day Fri- Act in 1959. This issue was debated at the quality, the training, the skills of day, today, and the time of the Senate, some length in the Senate as well as in workers who, for example, might be the to do so? I think we have better things the House of Representatives, and Con- GE workers up in Lynn, MA, who make to do with our time. gress affirmatively determined that the F–15 engines, the F–16 engines, the I might take just a few moments of prehire agreements and project labor F–18 engines, the attack fighter en- the Senate’s time to include a more de- agreements should be legal in the con- gines—really among the best-skilled tailed history of the President’s au- struction industry. President Bush workers in the world, and who con- thority for issuing this Executive acted contrary to that decision by Con- stantly are improving and strengthen- order. gress when he issued the Executive ing their skills—those are men and Mr. President, the Justice Depart- order in 1992 prohibiting any contract- women who have worked there 10, 15, ment’s Office of Legal Counsel has ing with employers who entered into 20, 25, 30, 35 years in that plant. They served both Republican Presidents and S 3838 CONGRESSIONAL RECORD — SENATE March 13, 1995 Democratic Presidents as the chief First, the President’s authority is President Clinton understood these guardian of the constitutional separa- strongest when he acts with an express boundaries when he issued this Execu- tion of powers. It is recognized by or implied authorization from Con- tive order. The preamble to the Execu- Members on both sides of the aisle as gress. tive order makes abundantly clear that the authoritative voice on the scope of Second, the President’s authority is the state of a Federal contractor’s a President’s powers. less clear when he acts in the absence labor-management relations directly On Friday, the Office of Legal Coun- of a congressional grant or denial of affects the cost, quality, and timely sel made public a memorandum ex- authority. availability of the goods and services pressing its opinion that President Finally, the President’s authority is paid for by the taxpayers. Specifically, Clinton was acting well within his ex- at its lowest ebb when he takes meas- the Executive order finds that ‘‘Strikes ecutive authority when he issued this ures incompatible with the express or involving permanent replacement implied will of Congress. Executive order. I have entered the Of- workers are longer in duration than In the steel seizure case, the Supreme fice of Legal Counsel’s memorandum other strikes.’’ Court concluded that the President did into the RECORD. And I understand that That is in the Executive order, and the Justice Department has provided not have the inherent authority under the Constitution to seize steel mills to last Friday I took a short period of copies of the memorandum to each time on the Senate floor to review Senator’s office. resolve labor disputes, even in his role as Commander in Chief. Further, Con- what has been happening with regard This memorandum is important not to strikes since 1935, what happened in simply because it offers the thoroughly gress, when it enacted the Taft-Hartley Act, expressly rejected seizure of cor- the MacKay case, and how the annual researched and persuasive opinion of number of strikes has increased, and the leading institutional expert on the porate facilities as a remedy for labor disputes. Accordingly, without con- increased dramatically in terms of scope of the President’s powers that stitutional authorization and acting di- both the numbers and also the length this Executive order is an appropriate rectly contrary to Congress’ will, of those strikes. exercise of Presidential authority. It is President Truman’s authority was at The Executive order continues: important because several Members of its lowest ebb. The seizure of the steel In addition, the use of permanent replace- this body have stated—without citing a mills, the Supreme Court concluded, single case or statute, without making ments can change a limited dispute into a was unconstitutional. broader, more contentious struggle, thereby a single legal argument, and without Unlike President Truman, President exacerbating the problems that initially led explaining their views—that they Clinton did not have to rely on inher- to the strike. think this Executive order is unconsti- ent constitutional authority to issue By permanently replacing its workers, an tutional. this Executive order which prohibits employer loses the accumulated knowledge, The Constitution deserves more than Federal contractors from permanently experience, skill, and expertise of its incum- that. The President deserves more than replacing lawful strikers. As the Office bent employees. These circumstances then that. And the working families whose of Legal Counsel’s memorandum makes adversely affect the businesses and entities, lives will be improved by this Execu- clear, President Clinton has the au- such as the Federal Government, which rely tive order deserve more than that. on that employer to provide high quality and thority to issue this Executive order reliable goods or services. I have reviewed the Office of Legal because Congress gave him the author- Counsel’s memorandum supporting this That is the end of the quote of the ity. Executive order. Executive order. I find it persuasive. That is point 2 under the steel strike The Office of Legal Counsel is plainly For those who have not yet had the op- case. correct when it stated in its memoran- portunity to review this important What was the second paragraph in dum: document, permit me to briefly lay out Justice Jackson’s opinion? Did the the analysis set forth in the memoran- Congress give authority which was uti- We believe that these findings state the dum that must lead any reasoned ob- lized by the President to issue an Exec- necessary reasonable relation between the server to conclude that this Executive utive order? Clearly, that is so in this procedures instituted by the order and achievement of the goal of economy and effi- order is both constitutional and appro- case. ciency. priate to the President’s authority. The Federal Property and Adminis- The leading case on the comparative trative Services Act was enacted ‘‘to Mr. President, compare the detailed powers of the executive branch and the provide for the Government an eco- findings in this Executive order with legislative branch is Youngstown Sheet nomical and efficient system for pro- Executive Order No. 12800, issued by & Tube Co. versus Sawyer, also known curement and supply.’’ This act specifi- President Bush to require Federal con- as the steel seizure case. cally and expressly grants the Presi- tractors to post a notice that workers This case is something that everyone dent the authority to manage the Fed- are not required to join unions. The in this body who is a lawyer remembers eral procurement system to guarantee only finding in that Executive order is studying from law school. It still efficiency and economy. Permit me to a conclusory statement that President stands as an enormously important, de- quote directly from section 486(a) of Bush’s order would ‘‘promote harmo- fining case in terms of executive au- the procurement law: nious relations in the workplace for thority. The President may prescribe such policies purposes of ensuring the economical In late 1951, the Nation’s steel pro- and directives, not inconsistent with the pro- and efficient administration and com- duction was threatened by a labor dis- visions of this act, as he shall deem nec- pletion of Government contracts.’’ essary to effectuate the provisions of said That is all there is, Mr. President. pute. President Truman sought to re- act. solve the dispute by seizing most of the And I cannot recall any Republican Nation’s steel mills. He justified his ac- In sum, it is not simply the Presi- Senator taking to the floor after the dent’s right—it is his responsibility—to tion by claiming that steel was an in- Executive order was issued to complain do whatever is necessary to promote dispensable component of the mate- that President Bush had usurped Con- economical and efficient procurement. rials necessary to prosecute the Korean gress’ authority, had attempted an end Every court to consider the question war. In his view, any steel strike run around Congress. has concluded that section 486(a)—the threatened the national defense. Some of the corporate lobbyists and section I have just read—grants the The Supreme Court’s decision in the lawyers that have complained about President a broad scope of authority. steel seizure case began with the President Clinton’s Executive order The U.S. Court of Appeals for the Dis- premise that— might attempt to argue that Congress trict of Columbia, interpreting section has spoken on the question of perma- The President’s power, if any, to issue an 486(a), emphasized that: order must stem either from an act of Con- nent replacements. In the words of the gress or from the Constitution itself. ‘‘Economy’’ and ‘‘efficiency’’ are not nar- row terms: They encompass those factors steel seizure case, they are attempting Justice Jackson’s concurrence ex- like price, quality, suitability, and availabil- to show that President Clinton’s Exec- plained further that there are three ity of goods or services that are involved in utive order is an act directly contrary zones of Presidential authority: all acquisition decisions. to Congress’ express or implied will. March 13, 1995 CONGRESSIONAL RECORD — SENATE S 3839 The fact is that the House of Rep- Mr. DASCHLE. Mr. President, I ask 60 years. Second, he is supported by the resentatives overwhelmingly passed unanimous consent that the order for American people. More than 60 percent legislation that would have prohibited the quorum call be rescinded. of the American people, according to all employers—not just Federal con- The PRESIDING OFFICER. Without recent polls, have shown that they op- tractors—from using permanent re- objection, it is so ordered. pose the use of permanent replacement placement workers. This body never f workers in the event of a lawful strike. got the chance to vote on the striker The American people understand the replacement legislation. A majority of EMERGENCY SUPPLEMENTAL AP- question of fairness. They appreciate Senators were ready to enact a bill PROPRIATIONS AND RESCIS- the need for worker-management bal- SIONS ACT that prohibited all employers from ance. The American people support ac- using permanent replacements. But a The Senate continued with the con- tions and laws to guarantee that bal- handful of Senators from the other side sideration of the bill. ance, which is really what the Execu- of the aisle filibustered that legisla- Mr. DASCHLE. Mr. President, I want tive order was designed to do. tion. They never permitted it to come to commend the distinguished Senator And third, this action taken by the to a vote. Mr. President, that happened from Massachusetts for his eloquent President is consistent with the Na- not once, but twice. If Congress has ex- and passionate leadership on this issue. tional Labor Relations Act itself, pressed any view on this subject, it has Let me also commend many of my signed into law, as I said, by President expressed overwhelming support for other colleagues: the Senator from Roosevelt about 60 years ago. In fact, the President’s ban on the use of per- Iowa, the Senator from Minnesota, the this year, we will celebrate the 60th an- manent replacements. Senator from Illinois, and a number of niversary of the National Labor Rela- Mr. President, this Executive order is others who have participated over the tions Act, an act that fundamentally a lawful and necessary exercise of the last several days in this debate. appreciates the balance in the work- authority delegated to the President No one should misunderstand what place, that understands the need for by Congress to effectuate the purposes this debate is all about. Obviously, if the right to strike, that underscores Senators have heard any of the speech- of our Government’s procurement laws. the importance of providing opportuni- es made by the colleagues whom I have It is consistent with past Presidential ties for workers and management to just mentioned, there can be no mis- practice and legal precedent. This Ex- work out their differences. understanding. Quite simply, it is ecutive order is an appropriate exercise That was the law that recognized the about fairness. That is the issue. of the President’s Executive authority. It is fairness for American working need for American workers to form or- Mr. President, we have over these families, in a very important set of cir- ganizations to bring the balance back last few days spelled out in careful de- cumstances: the workplace. It is fair- into the workplace. It has been a bal- tail the legal justification and ration- ness in reaffirming their right to ance that, frankly, has worked well for ale for the issuing of the Executive strike, fairness in restoring a fun- 45 years, a balance that has brought order. We have analyzed the impact of damental balance between workers and about better wages, a balance that has the Executive order and reviewed what management, and fairness in halting brought about better working condi- has been happening in terms of labor- the practice of requiring striking work- tions, better retirement security, bet- management relations over the period ers to pay taxes for salaries of workers ter productivity. of the last 10 or 15 years. We have who replace them. But it is a balance that was de- drawn conclusions based upon those That is really what this issue is all stroyed by the actions taken by Presi- strikes and what is happening in the about. The President understands that. dent Reagan during the PATCO strike real world in terms of labor-manage- He understands he is on solid ground in of 1981, when the President of the Unit- ment relations, about how the public’s issuing the Executive order as he did a ed States hired permanent replacement interest would be served by this action. couple of weeks ago. The order is quite workers. His action sent a green light I believe it is sound and wise public simple. It says to do business for more to every business in the country. Vir- policy. I hope that the Senate will up- than $100,000 with the Federal Govern- tually all of the work of 45 years under hold it. ment, you cannot hire replacement the National Labor Relations Act was Mr. President, I suggest the absence workers in the case of a strike. That is lost with that action, and for 15 years of a quorum. all it says. A person simply cannot do now, Democrats in Congress, and oth- The PRESIDING OFFICER (Mr. what the law of the last 60 years has ers, have attempted to pass the Work- KEMPTHORNE). The clerk will call the said could not be done. place Fairness Act to restore the bal- roll. This President is doing exactly what ance that we had for those 45 years, an The bill clerk proceeded to call the President Bush did in 1992. President act which very simply puts into law roll. Bush required unionized contractors to what we believe was there all along: a Mr. CONRAD. Mr. President, I ask notify employees of their right to prohibition of the hiring of permanent unanimous consent that the order for refuse to pay union dues. He was not replacement workers during a strike; a the quorum call be rescinded. challenged by Republicans when he is- restoration of the balance that we had The PRESIDING OFFICER. Without sued that particular Executive order. in labor-management relations up until objection, it is so ordered. President Clinton is doing also what 1981. Mr. CONRAD. Mr. President, I ask to President Carter did in 1978, when he It is important to note that a major- be able to proceed as in morning busi- issued an Executive order that directly ity of Congress has supported the ness. affected the lives and livelihood of Workplace Fairness Act. There have The PRESIDING OFFICER. Without thousands of working families by lim- been more than 50 votes for it on those objection, it is so ordered. iting what Federal contractors could occasions when the legislation was The Senator from North Dakota [Mr. agree to in collective bargaining. brought before this body, and were it CONRAD] is recognized. In fact, this President is doing ex- not for a minority that kept it from (The remarks of Mr. CONRAD pertain- actly what President Roosevelt, Presi- being passed, it would, in fact, be law. ing to the introduction of S. 542 are lo- dent Truman, Presidents Nixon, John- So whether it is law or whether it is cated in today’s RECORD under ‘‘State- son, Carter, and Bush have all done in an Executive order, this clarification is ments on Introduced Bills and Joint the past. In this case, he has shown long overdue and extremely important Resolutions.’’) Presidential leadership in protecting to all working families. The right to Mr. CONRAD. I thank the Chair. the rights and the spirit of the law for organize, the right to bargain collec- I yield the floor and suggest the ab- all working families. tively is essential to American work- sence of a quorum. The President is well within his ers. As history has shown, the right to The PRESIDING OFFICER. The rights, in my view, for at least three strike is the right to be taken seri- clerk will please call the roll. good reasons. First, as I indicated, ously. The right to strike is the only The bill clerk proceeded to call the there is ample precedent in virtually leverage workers have when bargaining roll. every past administration for the past with management. S 3840 CONGRESSIONAL RECORD — SENATE March 13, 1995 As economically painful as it may be that we understand the importance of role, such as welfare, and others that for workers and their families, resort- fostering meaningful negotiations be- are mixed. ing to a strike is sometimes the only tween workers and their employers, If we are prepared to say that the way to resolve a labor dispute. But that we understand the right to strike, States are able to provide the adminis- when employers are free to replace that we understand the importance of a trative machinery to carry out these striking workers, that leverage dis- law that has now been on the books for complex domestic programs, I find it appears and the imbalance destroys 60 years, and that we restore the kind hard to say that the States should not any hope of meaningful conflict resolu- of equality in the workplace that work- be entrusted with the authority to tion. ers now say is even more important make a judgment as to whether it is in We have seen it in the precipitous than it was back in 1935. the interest of their citizens to tax drop in the number of strikes over the So, Mr. President, I hope that we can products that come in by mail order in past 20 years. There are nearly half the defeat this cloture motion and send the a parity means with products that are strikes in the early 1990’s that there kind of message that I know Repub- purchased within the State itself, and were in the 1970’s, and the number of licans and Democrats want to be able that is essentially what the issue is union members has also declined. to send to working families. And that with the legislation proposed by the The attack on this Executive order is is: we appreciate your plight, we appre- Senator from Arkansas. We are not im- part of a well-orchestrated effort to ciate your need for security, we appre- posing the tax, we are authorizing the dramatically reduce the Federal role in ciate your need for more confidence in 50 individual States to make a judg- workers’ security. This effort ranges the future than you have right now. ment as to whether they believe it is in from calls for the elimination of the I hope that all Senators will under- the interest of their citizens for those Federal minimum wage law, to propos- stand that message and support us in States to impose the tax. als to repeal the Davis-Bacon Act, to our effort to defeat cloture on Wednes- I am also concerned, Mr. President, efforts to minimize the regulation of day morning. about what we are about to do to workplace safety. These efforts are or- With that, I yield the floor, and I States, and I come out of a background chestrated to continue the rollback of suggest the absence of a quorum. as a very strong believer in the State the progress we have made for decades The PRESIDING OFFICER. The Government sensitivity to their people, under the auspices of the National clerk will call the roll. to their capability to operate programs Labor Relations Act and other impor- The assistant legislative clerk pro- effectively and efficiently and to their tant labor legislation. As the rollback ceeded to call the roll. innovative capabilities. But the States continues, while unions are threatened, Mr. BUMPERS. Mr. President, I ask also are not alchemists, they do not the American worker and working fam- unanimous consent that the order for have the ability to take stones and rub ilies have seen their incomes and the the quorum call be rescinded. them and convert them into golden level of job benefits plummet. In con- The PRESIDING OFFICER (Mr. coins. stant dollars, wages have now declined CRAIG). Without objection, it is so or- We are going to be sending substan- by more than 10 percent in 10 years. dered. tial responsibilities back to the States Wages have actually gone down by The Senator from Arkansas is recog- with substantially less dollars than we more than a dollar an hour since the nized. had felt it was necessary to operate 1970’s. Moreover, far fewer workers (The remarks of Mr. BUMPERS per- those if they were still under Federal have health insurance benefits or re- taining to the introduction of S. 545 are obligation. As an example, in my State tirement benefits than they did back located in today’s RECORD under of Florida, the calculations are that if then. ‘‘Statements on Introduced Bills and we send back Medicaid, the program Without the right to strike, workers Joint Resolutions.’’) that provides financing for indigent continually lose the right to negotiate. Mr. GRAHAM addressed the Chair. Americans, to the States, that over the Without the right to negotiate, they The PRESIDING OFFICER. The Sen- next 5 years, the State of Florida will lose the right to benefits, benefits on ator from Florida. receive approximately $3.5 billion less which they and their families depend. f than the individual recipients of those By taking this action, the President funds would have received had we is simply saying, ‘‘If you’re going to RETURNING TO STATES RESPON- stayed with the current Federal pro- bid for Federal tax dollars on a Federal SIBILITY FOR COMPLEX ISSUES gram—$3.5 billion less. contract, all we ask is that you live up Mr. GRAHAM. Mr. President, I first The State of Florida this year, from to the intent of the National Labor Re- would like to commend our friend and both Federal and State sources, will lations Act. If there is a strike, we colleague, the Senator from Arkansas, spend approximately $5 billion on Med- want you, the company, to resolve it in for another outstanding statement on a icaid. So we are talking about very a responsible way. We want you to re- cause that he has led for many years, substantial percentage reductions in nounce the practice of hiring perma- and I hope, I say to the Senator from funds available. nent replacements.’’ Arkansas, that we are close to the time Why is it going to cost the State of Working families are counting on us when your long walk will reach its des- Florida so much? In part it is because to support the President. This is a very tination. I agree with the comments the formula that has been suggested is important vote for them and for the fu- that you have made today as to the one that essentially says we take the ture of labor law in this country. A fairness and the rationale of moving status quo, we freeze it for 5 years and vote against cloture is a vote for work- forward as the Supreme Court has now allow essentially a cost-of-living ad- ing Americans at their time of greatest allowed us to do to sanction States to justment. In my State, we are a growth need. It should also be a clear sign of impose this sales tax on mail order State which is adding a substantial our desire to reverse the long down- businesses. population every year. For the last 15 ward slope of economic security for all But, Mr. President, I suggest that years, we have grown at a rate in ex- working families. There is much which there is another reason why this is an cess of 300,000 persons a year. Many of must be done, including the passage of imperative at this point in time. We those 300,000 are in the high-target pop- meaningful health reform during this are soon to consider a series of propos- ulations for Medicaid. In my State, Congress. Hopefully, we can do that als that will have the effect of devolv- about half of Medicaid expenditures and many other things to restore the ing back to the States, returning to goes for the elderly, primarily for long- kind of security and confidence that the States significant responsibility for term care. working families must have if they are some of the most complex domestic So if we are going to say for the next to look to the future with any more op- programs that we have in our Nation, 5 years we are going to freeze the pro- timism than they can right now. programs, in some cases, in which the gram at a cost-of-living factor and not But this is the place to begin, on this States have had current involvement, take into account growth in popu- vote, on this important issue, to send such as the Medicaid Program, some lation, not take into account growth in the kind of clear message: that we un- programs in which the Federal Govern- those populations that are heaviest derstand the importance of balance, ment has in the past played a priority users of these programs, we are going March 13, 1995 CONGRESSIONAL RECORD — SENATE S 3841 to be imposing very serious financial going to have with unfunded mandates, will help individuals and families obligations on the States. but also for his very perceptive com- struggling to get an education. I think that as we enter into this de- ments about the legislation. He has reduced the single business bate on turning responsibility back to Now, Mr. President, let me make just tax by removing unemployment and the States, we have an obligation to a couple of observations. I see the Sen- workers’ compensation funds and So- also ask the question, what are we ator from Michigan awaits recognition, cial Security payments from the tax going to do to assure that the States so I will not be long. But the Senator base. have the fiscal capacity to accept those from Florida has just told you about He has begun phasing out Michigan’s responsibilities that we are imposing? some of the budget constraints on intangibles tax, raising the filing I believe the Senator from Arkansas them because of the Medicaid Program, threshold and providing for its total re- has certainly pointed to what ought to but there are a whole host of others. peal, effective January 1, 1998. be at the head of the line as we begin This bill has the potential for $169 Mr. President, 70 percent of these tax to ask that question of fiscal respon- million a year for the State of Florida. cuts will benefit individuals, with 30 sibility. Here is the program for which That is not beanbag either. And I percent benefiting the State’s job cre- there is no rationale as to why the Fed- promise you the Governor of Florida ators. Taken together with the other 11 eral Government should deny the favors this legislation. I promise you tax cuts he already has implemented, States the authority to impose this the Governor of virtually every State these cuts will save Michigan tax- tax. There is every reason in terms of in this Nation favors this legislation. payers $1.2 billion this year alone. tax fairness that they should, in fact, As I said, every mayor, every county We here in Congress would do well to treat mail order sales in parity with executive favors it. But the point that look at Governor Engler’s performance sales from the local Main Street store, must not be lost sight of is we are not in setting out our program of fiscal re- and the States are going to need the imposing anything. We are simply say- form from the Nation. When he took revenue this will provide. ing to the States, if you choose to do over as Governor in 1991, John Engler In my State of Florida, the estimate this, it is your prerogative. If you do inherited a $1.8 billion deficit. That is that in 1974 had the sales tax been not, that is also your prerogative. But means that in 1991 Michigan was run- applied on mail order sales to the same we are also saying that if you do not ning a deficit that equaled 10 percent of extent it was on Main Street sales it have a sales tax in your State, you can- its total State spending—almost as would have produced $168.9 million. not charge it. large a deficit in proportion to total That will not close all the gap that our There are five States in this country spending as the one run here in Wash- States are going to be faced with as that have no sales tax. This bill would ington. they are asked to take on these new re- not apply to them. They would not be Governor Engler had a tough choice sponsibilities, but it will be a worthy able to charge this because they do not to make. He could maintain Michigan’s beginning. have a tax that they tax their own citi- current spending levels and increase So, Mr. President, I believe for all of zens with, and therefore they could not taxes, or cut spending and hold the line the reasons that the Senator from Ar- tax citizens of other States. on taxes. But he decided to choose nei- kansas has cited with such force and How many times have you heard in ther course of action, instead boldly eloquence, as well as the time in his- this body that the reason for the big cutting both spending and taxes. tory in which we find ourselves, in revolution on November 8 was people And the results have been remark- which we are about to ask the States are tired of being told what to do. They able. Through aggressive use of his to do more, that we should also have a want somebody to listen to them. They line-item veto he brought about an 11- concern about how our brethren in the want to have some discretion over percent cut in real, after-inflation Federal system are going to have the their own lives and what they want to spending. In addition, he made Michi- capacity to accept those responsibil- do. gan our Nation’s top State in creating ities. Now, here is a classic case of doing manufacturing jobs, more than 40,000 We say that it is not our purpose to precisely that. We are saying to the in the last year alone, second in the have a dramatic fraying of the safety States we are going to enable you to Nation in personal income growth, and net. The safety net in my State for help yourself if you choose. But that is a leader in lowering unemployment hundreds of thousands of older Ameri- your discretion, not ours. So how can rates. All this while increasing State cans who are in need of long-term care anybody quarrel with that? If you vote funding to educate Michigan’s chil- and who have spent all of their life sav- for this and you do not personally ap- dren. ings as their health condition deterio- prove of it, go tell your Governor I Mr. President, Michigan can serve as rated, I do not think we as a nation voted for it to give you the discretion. an example to the Nation of how ag- want to turn those people out of the But if you do not want to do it, that is gressive budget and tax cutting can go kind of institutions that they need in OK with me. together to spur economic growth and order for their well-being. Mr. ABRAHAM addressed the Chair. better the lives of our citizens. We are asking the States now to pick The PRESIDING OFFICER (Mr. GOR- We too can get our spending under up a much larger share of the cost of TON). The Senator from Michigan. control, without cutting essential pro- providing for those Americans. This is Mr. ABRAHAM. Thank you, Mr. grams; we need only the courage to put a beginning of a demonstration of the President. in place and utilized the tools Governor Federal Government’s commitment to Engler and the Michigan State Legisla- see that there are adequate resources f ture used to bring their State back available at the State level to meet the from the brink of economic disaster. additional responsibilities that we are TAX CUTS IN MICHIGAN Michigan’s constitution required a proposing to impose. Mr. ABRAHAM. Mr. President, I rise balanced budget; it also provides the So, in closing, I want to thank my today to congratulate John Engler, Governor with a line-item veto. Both of friend from Arkansas for his leadership Governor of my State of Michigan, for these tools were essential to Governor in this effort. I hope his leadership will signing into law last week his 12th, Engler’s efforts to bring spending be rewarded by successful passage of 13th, 14th, and 15th tax cuts since tak- under control. this legislation and passage in 1995. ing office. We have the power to do for America Thank you, Mr. President. Governor Engler has increased the what Governor Engler and his partners Mr. BUMPERS addressed the Chair. personal exemption in our State to at in the State legislature have done for The PRESIDING OFFICER. The Sen- least $2,400, saving Michigan taxpayers Michigan, if we are willing to enact a ator from Arkansas. $69 million on their income taxes in fis- line-item veto and add a balanced Mr. BUMPERS. Mr. President, let cal year 1995. The exemption also will budget amendment to our Constitu- me, first of all, thank my very distin- be indexed for inflation starting in tion. These tools will help us order our guished colleague from Florida, a 1998. priorities and discipline our spending. former Governor, as was I, who fully He has created a new refundable in- Most important, we must recognize understands the problem the States are come tax credit for college tuition that that by taxing the American people S 3842 CONGRESSIONAL RECORD — SENATE March 13, 1995 less we can help our economy and our EC–502. A communication from the Chair- S. 545. A bill to authorize collection of cer- budget more. This week the House man of the Board of the National Credit tain State and local taxes with respect to Ways and Means Committee will report Union Administration, transmitting, pursu- the sale, delivery, and use of tangible per- a tax reduction bill that creates a $500- ant to law, a report relative to schedules of sonal property; to the Committee on Fi- compensation; to the Committee on Govern- nance. per-child tax credit for families and mental Affairs. cuts the capital gains tax in half. In all EC–503. A communication from the Chair- f likelihood, the House will approve man of the Commission on Intergovern- these important tax reductions. mental Relations, transmitting, pursuant to STATEMENTS ON INTRODUCED Some of our colleagues here in the law, a report relative to unfunded mandates; BILLS AND JOINT RESOLUTIONS to the Committee on Governmental Affairs. Senate have suggested that we abandon By Mr. CONRAD: tax cuts—and focus exclusively on re- EC–504. A communication from the Acting S. 542. A bill to amend the Solid ducing the budget deficit. Having lost Inspector General of the National Aero- nautics and Space Administration, transmit- Waste Disposal Act to allow States to the vote on the balanced budget ting, pursuant to law, a report entitled regulate the disposal of municipal solid amendment, I can understand their de- ‘‘Limitation on Use of Appropriated Funds waste generated outside of the State, sire to put spending cuts first in order to Influence Certain Federal Contracting and and for other purposes; to the Commit- to produce a balanced budget plan. Financial Transactions;’’ to the Committee tee on Environment and Public Works. But as Governor Engler has dem- on Governmental Affairs. onstrated, cutting spending and taxes EC–505. A communication from the Sec- INTERSTATE SHIPMENTS OF MUNICIPAL SOLID is the best way to reduce the deficit retary of Energy, transmitting, pursuant to WASTE and encourage economic growth. We law, a report relative Federal Managers’ Fi- Mr. CONRAD. Mr. President, today I nancial Integrity Act; to the Committee on must have confidence that the Amer- Governmental Affairs. am introducing legislation that would ican people, if allowed to keep their EC–506. A communication from the Chair give States and local governments the own money and spend it as they of the Administrative Conference of the power to regulate and, if they choose, choose, will fuel the engine that runs United States, transmitting, pursuant to reject interstate shipments of munici- our economy, producing more jobs, law, a report relative to the Inspector Gen- pal solid waste. greater prosperity, and a balanced eral Act Amendments; to the Committee on This is a problem Congress has grap- budget. Governmental Affairs. pled with now for years and it only EC–507. A communication from the Direc- Mr. President, I yield the floor. I also tor of the Federal Emergency Management grows more and more serious. An esti- suggest the absence of a quorum. Agency, transmitting, pursuant to law, the mated 18 million tons of municipal The PRESIDING OFFICER (Mr. semiannual report of the Inspector General solid waste travels across State lines THOMPSON). The clerk will call the roll. and the Director’s Report on Audit Resolu- each year. Landfills are filling up The bill clerk proceeded to call the tion and Management for the period April 1, around the country and communities roll. 1994 through September 30, 1994; to the Com- are searching for new places to send Mr. ABRAHAM. Mr. President, I ask mittee on Governmental Affairs. their trash. unanimous consent that the order for EC–508. A communication from the Direc- tor of the Office of Management and Budget, Where are they searching? Mr. Presi- the quorum call be rescinded. transmitting, a draft of proposed legislation dent, they are searching in rural areas The PRESIDING OFFICER. Without to revise and streamline the acquisition laws like my home State of North Dakota objection, it is so ordered. of the Federal Government, and for other and, no doubt, they are looking in the f purposes; to the Committee on Govern- State of the distinguished occupant of mental Affairs. the chair, the State of Idaho. MORNING BUSINESS EC–509. A communication from the Comp- Mr. President, rural States like ours, troller General of the United States, trans- (During the session of the Senate, the where pollution has not spoiled the following morning business was trans- mitting, pursuant to law, a report relative to the assignment or detail of General Account- land, where small communities may be acted.) ing Office employees; to the Committee on willing to take large amounts of money f Governmental Affairs. from a waste company in exchange for EC–511. A communication from the Comp- landfill space, are the places they are EXECUTIVE AND OTHER troller General of the United States, trans- looking. Whether they want this im- COMMUNICATIONS mitting, pursuant to law, an overview report ported waste or not, States are almost of the high risk areas of the General Ac- The following communications were powerless to stop the flow of garbage laid before the Senate, together with counting Office; to the Committee on Gov- ernmental Affairs. across their borders. accompanying papers, reports, and doc- f Mr. President, I can remember very uments which were referred as indi- well being involved in a debate on this cated: INTRODUCTION OF BILLS AND matter a number of years ago, and the EC–497. A communication from the Chair- JOINT RESOLUTIONS trash merchants had their lobbyists man of the U.S. Merit Systems Protection lining the Halls. I have never seen so Board, transmitting, pursuant to law, the The following bills and joint resolu- tions were introduced, read the first many people off the Chamber of the annual report of the Board for fiscal year Senate. The trash merchants want to 1994; to the Committee on Governmental Af- and second time by unanimous con- fairs. sent, and referred as indicated: ship this stuff someplace, and they are EC–498. A communication from the Dis- By Mr. CONRAD: looking for States that are willing to trict of Columbia Auditor, transmitting, pur- S. 542. A bill to amend the Solid Waste Dis- take it. suant to law, a report relative to the posal Act to allow States to regulate the dis- Mr. President, States ought to have escheated estate fund; to the Committee on posal of municipal solid waste generated out- an ability to say ‘‘no.’’ Waste is al- Governmental Affairs. side of the State, and for other purposes; to ready coming to my State of North Da- EC–499. A communication from the Dis- the Committee on Environment and Public kota. We take industrial waste from trict of Columbia Auditor, transmitting, pur- Works. General Motors plants from all around suant to law, a report relative to the Dis- By Mr. HATFIELD: trict’s Emergency Assistance Services; to S. 543. A bill to extend the deadline under the country. We take municipal solid the Committee on Governmental Affairs. the Federal Power Act applicable to the con- waste incinerator ash from Minnesota. EC–500. A communication from the Chief struction of a hydroelectric project in Or- A waste company continues its efforts Financial Officer of the Export-Import, egon, and for other purposes; to the Commit- to open a superdump in my State that transmitting, pursuant to law, the annual tee on Energy and Natural Resources. would take garbage from Minneapolis- management report for 1994; to the Commit- By Mr. BRYAN (for himself and Mr. St. Paul. This one landfill, Mr. Presi- tee on Governmental Affairs. REID): dent, would receive almost twice as EC–501. A communication from the Officer S. 544. A bill to establish a Presidential much garbage as is produced in my en- of the Nuclear Waste Negotiator, transmit- commission on nuclear waste, and for other ting, pursuant to law, a report relative to purposes; to the Committee on Energy and tire State. This situation is not unique. the Federal Managers’ Financial Integrity Natural Resources. It is happening all over the country. Act; to the Committee on Governmental Af- By Mr. BUMPERS (for himself and Mr. States should be able to do some- fairs. GRAHAM): thing about it. They should be able to March 13, 1995 CONGRESSIONAL RECORD — SENATE S 3843 regulate how much solid waste comes have a chance. This is not fair and can- ‘‘(3) MUNICIPAL SOLID WASTE.—The term into the State so they can implement not be allowed to continue. Commu- ‘municipal solid waste’— effective waste disposal policy. The nities must be able to make informed ‘‘(A) means refuse, and any nonhazardous Federal Government requires the choices. residue generated from the combustion of States to manage and oversee solid Mr. President, how often have we the refuse, generated by— ‘‘(i) the general public; waste disposal programs. States are re- seen it, where one of these trash mer- ‘‘(ii) a residential, commercial, or indus- quired to issue permits, monitor exist- chants comes into a State and they trial source (or any combination of the ing sites, and enforce landfill regula- spend lots of money up front, talking sources); or tion. Why, then, should States not also about the opportunities, talking about ‘‘(iii) a municipal solid waste incinerator be able to regulate how much waste the jobs, talking about the good things, facility; and comes in from out of State? It only but failing to reveal the real plan, fail- ‘‘(B) includes refuse that consists of paper, makes sense that they have this power. ing to tell how big the operation is wood, yard waste, plastic, leather, rubber, or Mr. President, imported waste not really going to be? They fail to tell of other combustible or noncombustible mate- only takes up precious landfill space, past violations. We have seen compa- rial such as metal or glass (or any combina- but it also puts a strain on services of nies go into States that are bad opera- tion of the materials); but the importing State without properly tors, that have a bad record, that have ‘‘(C) does not include— compensating that State. Waste trucks a bad reputation, but they do not re- ‘‘(i) hazardous waste identified under sec- tion 3001; from out of State wear down the roads veal that. They do not talk about that ‘‘(ii) waste resulting from an action taken of the importing State, but the export- before the community has a chance to under section 104 or 106 of the Comprehensive ing community pays nothing. Simi- vote. Environmental Response, Compensation, and larly, States must spend money to run Mr. President, many of us believe Liability Act of 1980 (42 U.S.C. 9604, 9606); their solid waste program, but they get that a local community ought to have ‘‘(iii) material collected for the purpose of no additional payments for accepting a choice and it ought to be an informed recycling or reclamation; out-of-State wastes. In other words, ex- choice. They ought to know the record, ‘‘(iv) waste generated in the provision of porting communities are passing their they ought to know the plan before service in interstate, intrastate, foreign, or waste problems, and the costs associ- they make a final decision. overseas air transportation; ated with them, on to importing We have been working on the inter- ‘‘(v) industrial waste (including debris States. This is not fair, and it should state waste problem in the Senate for from construction or demolition) that is not be changed. many years now. During the years we identical to municipal solid waste in com- position and physical and chemical charac- The bill I am introducing today takes have been debating this issue, the prob- teristics; or strong steps to address the problems of lem has not gone away. It has simply ‘‘(vi) medical waste that is segregated from interstate waste. First, it gives States gotten bigger. The trash is still mov- municipal solid waste. the authority to regulate interstate ing, and States and communities are ‘‘(b) AUTHORITY TO REGULATE.— waste. If a State wants to reject new almost powerless to stop it. It is time ‘‘(1) IN GENERAL.—Each State is authorized solid waste shipments, my bill would to enact interstate waste legislation to enact and enforce a State law that regu- allow that. into law. lates the treatment, incineration, and dis- Second, it requires that affected Congress came very close to passing posal of municipal solid waste generated in local governments formally approve of an interstate waste bill in 1994. I hope another State. any waste import. This gives the com- we can build on the work that has been ‘‘(2) AUTHORITIES.—A State law described munities the ability to veto proposed done and take quick action in 1995. in paragraph (1) may include provisions for— ‘‘(A) the imposition of a ban or limit on shipments of out-of-State wastes. Why I look forward to working with the importation of municipal solid waste should not those communities that are Chairman CHAFEE, Senator BAUCUS, generated outside of the State; and affected by waste shipments have the Senator COATS, and others to move this ‘‘(B) the collection of differential fees or ability to say no? matter forward. other charges for the treatment, inciner- Third, it provides the opportunity for Mr. President, I ask unanimous con- ation, or disposal of municipal solid waste the area surrounding the host commu- sent that the text of my bill be printed generated in another State. nity to be involved in the decision to in the RECORD. ‘‘(c) LOCAL GOVERNMENT APPROVAL.— accept out-of-State wastes. A decision There being no objection, the bill was ‘‘(1) IN GENERAL.—Except as provided in on siting a solid waste landfill, espe- ordered to be printed in the RECORD, as paragraph (2) or as otherwise provided under cially one that will take large amounts follows: State law, the owner or operator of a land- fill, incinerator, or other waste disposal fa- of imported waste, must be a collective S. 542 one, and a small community alone cility in a State may not accept for treat- Be it enacted by the Senate and House of Rep- ment, incineration, or disposal any munici- should not be able to make a decision resentatives of the United States of America in pal solid waste generated outside of the that will affect a much larger sur- Congress assembled, State unless the owner or operator has ob- rounding area. SECTION 1. AUTHORITY TO REGULATE OUT-OF- tained a written authorization to accept the Finally, my bill requires that waste STATE WASTE. waste from— companies publicly release all of the (a) AMENDMENT.—Subtitle D of the Solid ‘‘(A) the affected local government; and relevant information about their pro- Waste Disposal Act (42 U.S.C. 6941 et seq.) is ‘‘(B) any affected local solid waste plan- posed landfill before a community amended by adding at the end the following ning unit established under State law. new section: makes a decision on it. This informa- ‘‘(2) EXCEPTIONS.— ‘‘SEC. 4011. AUTHORIZATION FOR STATES TO ‘‘(A) IN GENERAL.—Paragraph (1) shall not tion should include estimated environ- REGULATE MUNICIPAL SOLID mental impacts and mitigation, eco- WASTE GENERATED IN ANOTHER apply with respect to an owner or operator of nomic impacts, planned expansion, fi- STATE. a landfill, incinerator, or other waste dis- posal facility that— nancial disclosure, and records of past ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) AFFECTED LOCAL GOVERNMENT.—The ‘‘(i) otherwise complies with all applicable violations by the owner and operator of laws of the State in which the facility is lo- the disposal site. Waste companies hold term ‘affected local government’ means the elected officials of a political subdivision of cated relating to the treatment, inciner- up the promise of jobs and economic in- a State in which a facility for the treatment, ation, or disposal of municipal solid waste; centives, but they do not want to re- incineration, or disposal of municipal solid and veal the potential risks involved in waste is located (as designated by the State ‘‘(ii) prior to the date of enactment of this their plan. In many cases, they may pursuant to subsection (d)). section, accepted for treatment, inciner- not even reveal their overall plans ‘‘(2) AFFECTED LOCAL SOLID WASTE PLAN- ation, or disposal municipal solid waste gen- until it is too late to stop them. One NING UNIT.—The term ‘affected local solid erated outside of the State. practice I have seen involves having a waste planning unit’ means a planning unit, ‘‘(B) EXISTING AUTHORIZATIONS.—An owner local developer purchase the site and established pursuant to State law, that has— or operator of a facility described in para- graph (1) that, prior to the date of enactment get a permit to dispose of modest ‘‘(A) jurisdiction over the geographic area in which a facility for the treatment, incin- of this section, obtained a written authoriza- amounts of solid waste. A big waste eration, or disposal of municipal waste is lo- tion from— company then buys out the local party cated; and ‘‘(i) the appropriate official of a political and aggressively expands the site’s per- ‘‘(B) authority relating to solid waste man- subdivision of the State (as determined by mit. The local community does not agement planning. the State); and S 3844 CONGRESSIONAL RECORD — SENATE March 13, 1995 ‘‘(ii) any affected local solid waste plan- for pre-operational levels and those for post- Engineers flood control project. The ning unit established pursuant to the law of operational levels; Federal Energy Regulatory Commis- the State, ‘‘(viii)(I) information with respect to any sion granted the license for the project to carry out the treatment, incineration, or violations of regulations by the owner or op- in November 1989. The deadline for disposal of municipal solid waste generated erator, or subsidiaries; ‘‘(II) the disposition of enforcement pro- completion is October 31, 1995. Con- outside of the State shall, during the period struction has begun and EWEB has in- of authorization, be considered to be in com- ceedings taken with respect to the viola- vested $4.5 million to date. pliance with the requirements of paragraph tions; and (1). ‘‘(III) corrective action and rehabilitation The Eugene Water & Electric Board, ‘‘(C) FACILITIES UNDER CONSTRUCTION.—If, measures taken as a result of the proceed- also known as EWEB, has asked for an prior to the date of enactment of this sec- ings; extension to the construction comple- tion, an appropriate political subdivision of ‘‘(ix) information required by State law to tion deadline because its ability to a State (as determined by the State) and any be provided with respect to gifts, contribu- complete construction has been, and affected local solid waste planning unit es- tions, and contracts by the owner or opera- tor to any elected or appointed public offi- will continue for some time to be, im- tablished under the law of the State issued a peded by the ongoing fish mitigation written authorization for a facility that is cial, agency, institution, business, or charity located within the affected local area to be efforts of the Corps of Engineers. These under construction, or is to be constructed, served by the facility; efforts are focused on minimizing tem- to accept for treatment, incineration, or dis- ‘‘(x) information required by State law to posal municipal solid waste generated out- perature variations in the McKenzie be provided by the owner or operator with side the State, the owner or operator of the River caused by both the Blue River respect to compliance by the owner or opera- facility, when construction is completed, and Cougar Dams. The corps’ work will tor with the State solid waste management shall be considered to be in compliance with entail drawing down reservoirs to very plan in effect pursuant to section 4007; paragraph (1) during the period of authoriza- ‘‘(xi) information with respect to the low levels. tion. source and amount of capital required to I support this temperature control ‘‘(3) EXPANSION OF FACILITIES.—An owner construct and operate the facility in accord- work being done by the corps. However, or operator that expands a landfill, inciner- ance with the information provided under until the corps completes these fish ator, or other waste disposal facility shall be clauses (i) through (vii); and mitigation improvements on Blue required to obtain the authorizations re- ‘‘(xii) information with respect to the River Dam, the hydroelectric project quired under paragraph (1) prior to accepting source and amount of insurance, collateral, for treatment, incineration, or disposal mu- currently licensed and being pursued or bond secured by the applicant to meet all by EWEB will be untenable. The corps nicipal solid waste that is generated outside Federal and State requirements; the State. ‘‘(B) provide opportunity for public com- is expected to first construct tempera- ‘‘(4) PRIOR DISCLOSURE.—Prior to formal ment, including at least 1 public hearing; ture control improvements at nearby action with respect to an authorization to and Cougar Dam. This project is not ex- receive municipal solid waste or incinerator ‘‘(C) not less than 30 days prior to formal pected to be completed until 2001. At ash generated outside the State, the affected action— that time, the corps will begin work on local government and the affected local solid ‘‘(i) publish notice of the action in a news- similar improvements at Blue River waste planning unit shall— paper of general circulation; and ‘‘(A) require from the owner or operator of Dam, which it expects to finish by 2005. ‘‘(ii) notify the Governor, adjoining local The legislation I am introduction the facility seeking the authorization and governments, and adjoining Indian tribes. make readily available to the Governor, ad- ‘‘(d) DESIGNATION OF AFFECTED LOCAL GOV- today is designed to accommodate both joining Indian tribes, and other interested ERNMENT.—Not later than 90 days after the the beneficial fish mitigation efforts persons for inspection and copying— date of enactment of this section, the Gov- being pursued by the corps and the on- ‘‘(i) a brief description of the planned facil- ernor of each State shall, for the purpose of going hydroelectric project being pur- ity, including a description of the facility this section, designate the type of political sued by EWEB. My legislation directs size, ultimate waste capacity, and antici- subdivision of the State that shall serve as FERC, at the request of EWEB, to ex- pated monthly and yearly waste quantity to the affected local government with respect be handled; tend the time for completion of con- to authorizing a facility to accept for treat- struction to the later of October 31, ‘‘(ii) a map of the facility site that dis- ment, incineration, or disposal of municipal closes— solid waste generated outside of the State. If 2002, or a date 1 year after the corps ‘‘(I) the location of the facility in relation the Governor of a State fails to make a des- completes construction of temperature to the local road system and topographical ignation by the date specified in this sub- control structures on the Blue River and hydrological features; and section, the affected local government shall Dam. The legislation also requires ‘‘(II) any buffer zones and facility units be the public body with primary jurisdiction EWEB to file a construction comple- that are to be acquired by the owner or oper- over the land or use of the land on which the tion progress report with FERC each ator of the facility; facility is located.’’. ‘‘(iii) a description of the then current en- year until construction is completed. (b) TABLE OF CONTENTS.—The table of con- I look forward to working with mem- vironmental characteristics of the site, in- tents for subtitle D of the Solid Waste Dis- cluding information regarding— posal Act is amended by adding after the bers of the Senate Energy and Natural ‘‘(I) ground water resources; and item relating to section 4010 the following Resources Committee to ensure that ‘‘(II) alterations that may be necessitated new item: this proposal receives prompt and thor- by or occur as a result of the facility; ‘‘Sec. 4011. Authorization for States to regu- ough attention. ‘‘(iv) a description of— Mr. President, I ask unanimous con- ‘‘(I) appropriate environmental controls to late municipal solid waste gen- be used at the site, including run-on or run- erated in another State.’’. sent that the text of the bill and addi- off management, air pollution control de- tional material be printed in the vices, source separation procedures, methane By Mr. HATFIELD: RECORD. monitoring and control, landfill covers, lin- S. 543. A bill to extend the deadline There being no objection, the mate- ers, leachate collection systems, and mon- under the Federal Power Act applicable rial was ordered to be printed in the itoring and testing programs; and to the construction of a hydroelectric RECORD, as follows: ‘‘(II) any waste residuals generated by the project in Oregon, and for other pur- S. 543 facility, including leachate or ash, and the poses; to the Committee on Energy and Be it enacted by the Senate and House of Rep- planned management of the residuals; Natural Resources. ‘‘(v) a description of the site access con- resentatives of the United States of America in trols to be employed and roadway improve- EUGENE WATER & ELECTRIC BOARD FERC Congress assembled, LICENSE EXTENSION ments to be made by the owner or operator SECTION 1. EXTENSION OF DEADLINE FOR BLUE and an estimate of the timing and extent of Mr. HATFIELD. Mr. President, today RIVER PROJECT. increased local truck traffic; I am introducing legislation to allow (a) EXTENSION.—Notwithstanding the time ‘‘(vi) a list of all required Federal, State, the Federal Energy Regulatory Com- period specified in section 13 of the Federal and local permits required to operate the mission to grant the Eugene Water & Power Act (16 U.S.C. 806) that would other- landfill and receive waste generated outside Electric District, in Lane County, OR, wise apply to the Federal Energy Regulatory of the State; an extension of its hydro project con- Commission project numbered 3109, the Com- ‘‘(vii) estimates of the personnel require- mission shall, at the request of the licensee ments of the facility, including information struction completion deadline. for the project, extend the time for comple- regarding the probable skill and education The subject of this license is a 21 tion of the construction of the project to the levels required for jobs at the facility that megawatt hydroelectric project at the later of— distinguishes between employment statistics Blue River Dam, an existing Corps of (1) October 31, 2002; or March 13, 1995 CONGRESSIONAL RECORD — SENATE S 3845 (2) the date that is 1 year after the date on in response to the Northwest Regional Power conservation investments alone. Addition- which the Army Corps of Engineers com- Act to help utilities overcome the negative ally, we are facing yet to be determined rate pletes construction of water temperature short-term economics associated with devel- impacts from BPA’s reinvention. The com- control structures at the Blue River Dam. oping new resources during the early life of bination of all these actions at BPA and the (b) REPORTS.—The licensee for the project the project. Due to market changes and Corps shifts significant obligations to EWEB described in subsection (a) shall file with the BPA’s growing financial problems negotia- and its ratepayers. The increased financial Federal Energy Regulatory Commission, on tions on our billing credit’s contract was obligation for conservation and renewable October 31 of each year until construction of cancelled. resource development makes it economically the project is completed, a report on The timing and sequence of the Corps imprudent to proceed with the Blue River progress toward completion of the project projects along with the loss of billing credits Project under the current schedule even and of water temperature control structures will make the project untenable. though it may be one of the few resource op- at the Blue River Dam. ENVIRONMENTAL BENEFITS tions remaining at this time. A settlement agreement, approved by We thank you for your serious consider- EUGENE WATER & ELECTRIC BOARD, FERC and incorporated into the license, was ation of our request. Eugene, OR, February 20, 1995. reached between EWEB, the Oregon Depart- RANDY L. BERGGREN. Hon. MARK O. HATFIELD, ment of Fish and Wildlife, the National Ma- U.S. Senate, rine Fisheries Service and the U.S. Fish & By Mr. BUMPERS (for himself Washington, DC. Wildlife Service. The original fish mitigation DEAR SENATOR HATFIELD: The Eugene plans for Blue River called for a fish screen and Mr. GRAHAM): Water & Electric Board requests your help in and bypass facility. The agencies determined S. 545. A bill to authorize collection seeking Congressional action which will that only a fish barrier was needed at Blue of certain State and local taxes with allow us to extend, by eleven years, the con- River and the McKenzie River could be bet- respect to the sale, delivery, and use of struction completion deadline required by ter served by investing screen and bypass FERC on our Blue River hydroelectric tangible personal property; to the Com- costs into improving salmon habitat. As a mittee on Finance. project. The Blue River Dam is one of two fa- result, EWEB will contribute $2,200,000 to a cilities on the McKenzie River for which you trust fund for fish enhancement rather than CONSUMER AND MAIN STREET PROTECTION ACT have introduced legislation to facilitate and building a screen and bypass facility. (Set- clarify financing for temperature control Mr. BUMPERS. Mr. President, I tlement Agreement attached). come today to introduce a bill dealing work by the Corps of Engineers. Due to the In addition, the project itself will benefit Corps’ construction schedule and recent fish simply through its construction. Cur- with the mail-order catalog business. changes in BPA financing we are unable to rently, water released from the reservoir This issue has become almost an obses- meet the construction deadline of October, passes through an outlet tunnel many feet sion with me over the past 2 years, and 1995 as required in our FERC license. For us below the reservoir’s surface. This results in one of the reasons for that obsession is to complete this project we will need addi- rapid water depressurization causing a fish that, before I became Governor of Ar- tional time to coordinate our construction mortality rate of 60%. We would pressurize schedule with that of the Corps. kansas, I was a hardware, furniture, the tunnel by installing outlet gates down- and appliance dealer, practicing law in This is not a standard extension request stream. The transition from pressurized to and it is unlike other legislation to extend depressurized water will be slowed enough to a small town, raising cattle, doing any- construction deadlines for hydroelectric reduce fish mortality by more than half re- thing to put bread on the table. And projects. Timing problems, financial and en- sulting in an overall survival rate exceeding the biggest competitor I had was the vironmental considerations necessitate a 70%. Sears, Roebuck catalog. Sears, Roe- longer extension than those which have been granted to other licensees. Also, unlike other CONSULTATION WITH FERC buck was tough competition for me be- licensees, EWEB has already started con- Before approaching your office with this cause they were big, had a much bigger struction on the project and seeks only an extension request we spoke with Fred variety of goods, and were reasonably extension of the completion deadline. Springer, Director, Office of Hydropower Li- cheap by comparative standards. censing and Mark Robinson, Director, Divi- THE PROPOSED PROJECT But while Sears, Roebuck was tough sion of Project Compliance and Administra- competition, it was also fair competi- For over a decade EWEB has been pursuing tion at FERC. They were clear that although development of a hydroelectric project at the Commission has the authority to extend tion. They bore the same burdens of the existing Corps of Engineer’s flood control completion dates, an extension of an 11 year doing business that I did. One of those dam at Blue River. The project would gen- duration is unusual. Extensions are usually burdens was collecting sales taxes. Be- erate 21 Mw, enough to provide power for 2000 granted when the applicant can show dili- cause Sears, Roebuck had stores in homes annually. Our license for the project gence or continuous progress toward project every State in the Nation, they had to was granted in November, 1989. The deadline completion. We would be unable to make for completion is October 31, 1995. Construc- collect sales taxes on everything they that showing, especially while the Corps sold through their catalog operation, tion began with the fabrication of the tur- work is underway. Additionally, 11 years is a bine and other associated equipment. Our in- lengthy extension compared to other exten- just like I had to collect sales taxes on vestment to date is $4.5 million and the li- sion requests which have been granted by ei- everything I sold in my hardware store. cense has a duration of 50 years. The at- ther legislative or administrative means. In The reason Sears, Roebuck had to col- tached Briefing Document of January 26th terms of financial factors, extensions may be lect those taxes was that, under the describes the project in detail. granted when the licensee needs more time law, if you have a physical presence in FEDERAL ACTIONS BEYOND OUR CONTROL to secure a power sales contract or another any State, you must collect sales tax The existing Corps flood control dams at means of financing. FERC acknowledges the on goods shipped into that State, even Cougar and Blue River Reservoir will be revenue losses we would incur by completing if the goods are sold through a catalog. modified to alter temperature variations a project we could only operate part time is (caused by the dams) which severely threat- a serious concern. However, this too is an un- Over the past few years, however, an en salmon fry. This will be accomplished by common situation which falls outside the entirely new situation has been devel- installing multi-level release port towers. generally accepted rationale for granting oping in the competition between Main Construction is scheduled first a Cougar Res- construction extensions. According to FERC Street retailers and catalog operations. ervoir as this is the larger project and it has staff, these circumstances are so unusual, And that situation is not one of fair a greater impact on fish mortality. After that the Commission would be hard pressed competition. What has been developing completion of the Cougar project in 2001 the to give us a favorable ruling. FERC would is that the catalog operations often Corps will begin work on Blue River with a need a legislative directive to grant us the limit their physical operations to one scheduled completion date of 2005. Each year, extension we request. over this four year construction period, the Consistent with the Regional Act, EWEB State, or a few States, and refuse to Corps will have to draw down the reservoir has aggressively pursued conservation and collect the taxes that are due on goods to very low levels. Generation from EWEB’s renewable resources. As you consider helping shipped into other States. This is in- power plant would be substantially reduced us with the Blue River project we ask you to creasingly significant because catalog as would the revenue and operational bene- note that we have three others, all renewable sales are $100 billion a year. Fingerhut, fits during the early years of the project’s resource projects, with existing agreements one of the biggest mail-order houses in operation. Also, EWEB’s design for the hy- or contracts with BPA. EWEB recently America, has annual sales in excess of droelectric facility may have to be modified learned that all three projects are at risk of $1 billion a year. They sent out 476 mil- based on the Corps design and operating being abandoned by BPA due to continuing plan. budget constraints. We have made substan- lion catalogs in 1993 alone. Mr. Presi- Our Blue River project was also accepted tial investments in two of them. Regional dent, bear in mind that Fingerhut is as a billing credit project by BPA. Billing funding from BPA for conservation will also only one of several very large mail credits is a financial benefit awarded by BPA likely end requiring EWEB to sustain local order operations. Lands’ End, L.L. S 3846 CONGRESSIONAL RECORD — SENATE March 13, 1995 Bean, some of the big ones, have simi- they bought from Lands’ End or L.L. sales made to other States?’’ He said lar sales figures. In all, there are Bean, they owed a tax on it. Admit- the decision was almost unanimous, around 7,500 mail-order houses in this tedly, not every mail-order customer ‘‘Yes, let’s be good citizens and let’s country, and they are growing like gets caught. Sometimes the State finds collect a sales tax.’’ mad. out about the purchase, and sometimes Anybody who wants to make the ar- I daresay that on an average day, I they do not. But when they do, the gument about what a terrible burden get somewhere between 4 and 10 cata- consumer has to pay. this is on these mail-order houses, talk logs in my mail chute every night. If This is not a new tax. Of course, it is to BOB BENNETT. He says, ‘‘We punch a you live in my home State of Arkansas not. Think about it for a second. Why computer button at the end of the and order something from L.L. Bean or would any State have a tax structure month, and that is it. It is no problem Lands’ End, the company collects no that required Main Street merchants whatever to collect this sales tax. We sales tax. That does not mean there is to collect sales tax and allowed out-of- do it and we do millions in business a no sales tax in my State, because there State companies to ship the same mer- year.’’ So much for the burden. An- is. But do you know who has the re- chandise into the State and collect other argument they make is, ‘‘But, sponsibility for remitting the tax to nothing? No State would ever do that, Senator, we do not require fire protec- the State revenue department, Mr. and no State does it. tion, law enforcement, all those things President? The consumer. If you buy a Oh, how everybody’s heart bleeds that your sales taxes go for.’’ $10,000 fur coat from a mail-order around here for the poor, small town, That is true. But I will tell you what house, you are personally responsible Main Street businessman. But when it burden you do impose on other States. for remitting the $500 tax on that pur- comes to catalog operations, we give You contribute almost 4 million tons of chase to the State revenue department. them a huge advantage, 5 to 8 percent waste to the landfills of this country And it is not just mail-order houses or more, and nobody wants to stand up annually. Talk to any mayor: ‘‘Mayor, that play this game. Sometimes, if you for the Main Street businessman. what is the biggest problem you have?’’ buy it in New York City, they will say, Recently the argument was made by ‘‘Trying to find enough landfill to take ‘‘You have a southern accent; are you one of the Senators from Maine that care of our garbage.’’ And here is a con- not from New York?’’ ‘‘No, I am not; I Maine does not have the problem I am am from Arkansas.’’ ‘‘Would you like describing because they have some- tributor of around 4 million tons a year for us to mail this to your home and thing that says on the State income that mayors have to find some method save you $500?’’ Of course, the tax return in Maine, ‘‘List all your of disposing of. And the mail-order consumer is going to say, ‘‘Yes, I would catalog purchases from last year.’’ houses do not contribute one penny, like that.’’ The company will then mail Now, who knows what all they except companies like BOB BENNETT’s. it to your home and not charge you one bought from catalogs last year? There ‘‘Well, we don’t want to have to do red cent of sales tax. But what the are a lot of people who order something this every month.’’ Fine. My bill says unsuspecting consumer does not know every other day from a mail-order you only have to remit every 3 months. is that he or she does owe tax on that house, and of course they do not take Now, if that ‘‘ain’t’’ a deal. I wish I purchase, and that he or she is person- the time to keep a record of every pur- had had that kind of opportunity when ally responsible for paying it to the chase. People just do not keep up with I was in business. If I did not pay my State. it. sales tax by the 20th of each succeeding My State imposes its sales tax on all Do you know what Maine collected month, I did not get a 2-percent dis- goods, regardless of whether they are last year on that? You guessed it. Not count. purchased in State or out of State. The much. Only around $1 million of the Mr. President, I have gone even fur- 44 other States which have sales taxes total $13 million they should have col- ther than that. In order to take care of also apply those taxes to both in-State lected on out-of-State mail order pur- some of these smaller mail-order and out-of-State purchases. Tech- chases. But Maine is fat and happy be- houses, we have exempted in this bill, nically, the tax on out-of-State goods cause L.L. Bean is located there and in the interest of being for small, fledg- is called a use tax, while the tax on in- L.L. Bean does around $1 billion a year ling businesses—and, I must say, $3 State goods is called a sales tax. But in sales and they pay sales tax on every million a year is not exactly my idea of for all intents and purposes, the use dime of merchandise sold to customers small—we say, ‘‘If you do less than $3 tax is identical to the sales tax. But be- living in the State of Maine. It is those million a year of business, you do not cause out-of-State companies usually other 49 States that do not get any- have to mess with this bill.’’ Of the refuse to collect the applicable use tax, thing. 7,500 catalog companies in the United the consumer does not even know there The direct marketing industry says, States, not very many of them do more is a tax when purchasing merchandise ‘‘Oh, this is such a burden, Senator. than $3 million of business a year. Only via mail order. You have got a city tax, you have got 825 of the 7,500 mail-order houses in The Presiding Officer is from the a county tax, you have got a State tax. this country that would be covered by great State of Idaho. Idaho has a sales Do you expect me to keep up with all this bill. tax, and Idaho applies that sales tax to of that?’’ Mr. President, there is another ele- goods shipped into the State, just like No, I do not. And this legislation ment of unfairness besides the com- it does to goods sold by Idaho depart- would allow mail-order companies the petitive advantage that these mail- ment stores. So if Idaho’s sales tax is 4 option of collecting a single blended order houses get. Some of them do ad- or 5 percent, the person who buys a rate for each State where they do busi- vertising that is very offensive to me $10,000 fur coat via mail order would be ness. Then the mail-order companies and I think it would be to any Senator. liable for $400 or $500 in sales taxes. would simply send a quarterly payment Here are a couple of charts. I do not Some people say, ‘‘There is already a to the State revenue department and know the name of this company. But tax on mail-order sales. It is the use let them distribute it to the local juris- here is what their ad says. ‘‘Nobody tax. What are you trying to do?’’ dictions that have a sales tax. beats our deal.’’ ‘‘No sales tax added What I am trying to do is make sure Do you want to hear a true anecdote? outside of North Carolina.’’ that mail-order companies do not One of the finest Republican Senators Now, technically, that is correct. blind-side their customers. Consumers to come to the U.S. Senate since I have They do not add any sales tax. The buy from mail-order companies think- been here is Senator BOB BENNETT from poor consumer who buys that yacht, or ing their sales are tax free, and then the great State of Utah. Senator BEN- whatever, is subject to a tax, but he is they learn otherwise after the fact. NETT founded a mail-order company misled by this ad into believing that he Last year in Florida, 19,000 people got years ago. In a Small Business Com- will never have to pay any sales tax. notices in the mail that goods they mittee hearing last year on this legis- Here it is, ‘‘No sales tax added.’’ Now, bought from direct marketers were not lation, he said, ‘‘The people in the com- it is true they do not add it, but if a tax free, as the company had lead them pany with me sat around the table with State you live in happens to catch you to believe. The furniture they bought me and we debated this issue. Shall we buying that, they can assess a sales tax in North Carolina or the merchandise or shall we not collect sales tax on our against you. March 13, 1995 CONGRESSIONAL RECORD — SENATE S 3847 I have some letters that I will put in their catalog, order it from Florida, Although collecting use taxes would likely the RECORD in a moment, Mr. Presi- they collect the tax and send it to the influence the buying decisions of some cus- dent, from people from all over the State of Florida. If the Boy Scouts can tomers, the company believes there would be country who have gotten the sad news do it, surely the Lands’ End and L.L. no material adverse affects on financial re- sults. that they thought they were buying Bean and all the others can do it. They are two of the biggest ones in $10,000 worth of furniture tax free. And I am not going to bore Members with the United States saying, ‘‘We do not the clerk that sold them assured them, a bunch of catalogs. I keep a couple think the imposition of the collection ‘‘We will ship this from North Carolina hundred in the office just for amuse- of these sales taxes will affect our prof- to Florida, and you will not have to ment. I am not going to bore Members its.’’ pay sales tax on it.’’ with them, but that argument about Finally, why are we doing this now? But think about this. Wallcovering, how complex it is, it would take a Because until 1992, we could not. In 1967 Inc.—I blocked out the address of this Philadelphia lawyer to decipher the in- the Supreme Court said in the famous company—here is their advertising: structions on some of these mail order case of Bellas Hess, a big mail order ‘‘Discount wallcovering, the phone houses. Some of them do business in 25 catalog house, the Supreme Court said way.’’ Now, all these mail order houses States. If you live in this State, this the States may not impose a tax on have their 1–800 number listed on every State and this State, add 5 percent for mail order catalog houses because it page of their catalog. ‘‘The phone way, sales tax; if you live in this State, add would constitute an undue burden on save 33 to 66 percent.’’ 4 percent sales tax, plus sales tax on commerce, interstate commerce, as And what do you think? No sales tax the shipping charges; if you live in this prohibited by the Constitution, and outside of Pennsylvania. That is not State, allow 3 days for delivery; if you would also be a violation of the due the worst of it. A lot of them have ad- live in this State allow 2 days for deliv- vertised ‘‘No sales tax.’’ They do not ery. And they talk about this being process clause of the 14th amendment. say, ‘‘No sales tax added,’’ as they do complicated. That was in 1967. Nobody can do any- here. They just say ‘‘No sales tax.’’ A Mr. President, the reason I say this is thing because the Supreme Court said person getting ready to order wall cov- an idea whose time has come, and it they could not. ering, I promise, would assume that will pass ultimately, is because this In 1992 in the case of Quill versus there is no sales tax. business is growing a lot faster than North Dakota, the Supreme Court re- But that is not the worst of this firm. the retail business in your hometown. versed half of that and said, ‘‘We no Listen to this: ‘‘Stop in your neighbor- So I always want to say to these peo- longer believe that the imposition of a hood, write down the pattern number, ple who say this is too burdensome, it tax by the States on mail order houses and then call us.’’ Use that poor stiff is a new tax. All of those arguments we is a violation of due process.’’ Since the down on Main Street. Go into his store will hear when we debate this, they are determination as to what burdens and shop. Get the model number, get the most specious arguments I have interstate commerce can be deter- the cover number, whatever, and then ever heard. I want to say to those peo- mined by Congress, it is now up to Con- call our 800 number and save the sales ple, what if everybody in the country gress to pass a law, if they choose, that tax. decides to start ordering from mail allows the States to impose this tax on I have never introduced a piece of order houses? Who will educate our this roughly 825 mail order houses. legislation in this body, Mr. President, children? Who will provide for fire pro- So in 1992, the Supreme Court said, that I thought was more meritorious tection and law enforcement and the ‘‘Congress, it’s up to you. If you want than this. When I offered this amend- landfills? If they continue to grow as to help the States and the States want ment on the unfunded mandates bill fast as they are growing right now, to impose this sales tax collection bur- these mail order houses started sending compared to Main Street merchants, den on the mail order houses, like they telegrams to every single person they that is where we are headed. do on that poor Main Street merchant, had ever sold 10 cents worth to and said The Senator from Maine—do not mis- Congress is going to have to pass a law ‘‘Write your Senator. Tell them you understand me—I am not quarreling enabling them to do it.’’ don’t want any more taxes. Tell them with the Senator from Maine. They So it has only been since that 1992 Senator BUMPERS’ proposal will cost have L.L. Bean in their State doing al- Supreme Court decision that we have them an arm and a leg.’’ And a lot of most $1 million a year. I understand we had the authority to allow the States people bought into that business about all protect our own local interests, but to do this. it being a new tax, and scared to death you want to say to a lot of those peo- Mr. President, if we cannot pass this, they will get a 30-second spot running ple, ‘‘You are getting your sales tax I hope I do not hear anymore whining, against them the next time they run, from the biggest mail order house in groaning, moaning, and gnashing of being a taxer and a spender. the country, but nobody else is.’’ teeth about unfunded mandates on the Ask the little shopkeeper in your Is it fair for people to get this sudden States when you refuse to help the hometown on Main Street what he notice when they thought they bought States collect a legitimate tax to deal thinks about it. Ask your Governor or merchandise with no sales tax? Is it with unfunded mandates and a whole your mayor how he or she feels about fair for them to suddenly get a notice host of other problems. it. from the State Revenue Department And if this bill does not pass, I hope We had a music dealer in North Lit- because their next door neighbor I do not hear any moaning about the tle Rock testify. This music dealer squealed on them for buying that ori- poor small business people in this said, ‘‘People come into our shop all ental rug out of New York? It is pa- country, how we ought to do something the time, get model numbers off our tently unfair to the purchaser to sud- for the small business people. Every- musical instruments so they can order denly find out that he owes a big tax body is always willing to do something from a mail order house. They get it bill that he was told by the mail order for small business people as long as it from a mail order house, it does not house that he would not have to pay. does not affect big business people. work, and then they bring it in here for So far as the burden is concerned, I Mr. President, I ask unanimous con- repair, and they think we ought to re- want Senators to listen to this. These sent that a letter from Ray Jones, pair it free because we sell that same are not my words. These are owner of Long Beach Yacht Sales, product.’’ Fingerhut’s words, last quarter of 1993, Long Beach, CA; a letter from Mamie Now, Mr. President, if the Presiding Fingerhut in their annual report to R. Willis, Portland, TN, the sad recipi- Officer will pardon this odious com- their stockholders: ent of a pretty good sized order only to parison, it is just like mining law re- find out that she owed the sales tax; To the extent that any States are success- form. It may not happen this year, may ful in requiring use tax collection the cost of White Furniture Co. in my own home not even happen next year, but this is the company’s business, doing business, State from Debbie White, who talks going to happen. could be increased although it does not be- about how competitively unfair it is Do Senators know who collects taxes lieve any increase would be material. for her to have to charge sales tax on in every single State? The Boy Scouts. Lands’ End, probably the first quar- furniture sold all over town and people When ordering Scout uniforms out of terly report of 1994, ordering furniture from mail order S 3848 CONGRESSIONAL RECORD — SENATE March 13, 1995 houses and paying no sales tax; and fi- tion makes it unfair to those who are pay- make the purchase. Subsequently, we con- nally a letter from an ordinary citizen, ing. cluded the purchase agreement, and the fur- John Dix, who bought a house full of I once ordered many Christmas gifts from niture was delivered to our home in South catalogs. Now I am inclined to send money furniture in North Carolina, almost Carolina a short time later. to my out-of-town relatives, avoiding the Approximately four years after making $10,000 worth, and suddenly was slapped hassle of tax-record keeping. that purchase, we were surprised to receive a with a tax bill of $700 that he and his I believe it is the duty of mail order com- letter from the South Carolina Department wife never dreamed even existed. If you panies to collect sales taxes due, just as of Revenue informing us that the furniture want to stop all of that, fine. other stores and grocers do. Modern-day we had purchased in North Carolina was sub- There being no objection, the letters computers certainly make it easy for them. ject to South Carolina’s use tax. (South were ordered to be printed in the I understand you are working on legisla- Carolina had learned about the purchase tion to correct this situation. I hope you will when North Carolina audited the furniture RECORD, as follows: succeed. company and shared the audit information LONG BEACH YACHT SALES, Sincerely yours, with South Carolina.) In addition to the 5 Long Beach, CA, January 18, 1994. MAMIE R. WILLIS. percent tax, we owed interest and penalties Attention: Mr. Stan Fendley, Tax Council because we had failed to pay the tax prompt- Hon. SENATOR BUMPERS, WHITE FURNITURE CO., ly. On our furniture of some $10,000, the total Chairman, Committee on Small Business, January 19, 1994. we owed for tax, interest and penalties was Russell Senate Office Building, Washington, Senator DALE BUMPERS, approximately $700. DC. Dirksen Building, Washington, DC. As you can imagine, we were shocked and Thank you, in advance, for your sponsor- DEAR SENATOR BUMPERS: I want to make upset at this news. We had no idea that we ship of legislation regarding the collection of you aware of an unfair tax situation that has owed tax on this purchase. Like most con- interstate sales tax. This week we lost a been occurring for years in the furniture sumers, we were accustomed to having sales $240,000 deal as a result of a sales tax issue. business. For quite some time we tried to ig- taxes collected at the time of purchase, and They buyer bought a boat in Oregon to avoid nore this, but when you see or hear the re- it seemed odd to expect the customer to our local and state sales tax. The vessel will sults every day of the week you have to fi- know when, where and how much tax to pay. be kept out of state for the required period of nally stop and take notice. And because the furniture salesman had told time and will be subsequently brought into My family has a small retail furniture us that no tax would be ‘‘collected,’’ we as- California after the waiting period has business in Arkansas. We have paid taxes in sumed that no tax existed. elapsed. Based on our local tax rate of 8.25% the same small town for years. Now we have I am not complaining about the tax itself. the resulting tax would have been $19,800. customers who are being educated by adver- I certainly do not enjoy paying taxes, but Not only did we (and the State) lose this tisers to shop their local retail stores for had we known about this tax at the time of deal, but we also lost the time and expenses model numbers and prices—then call North purchase, it wouldn’t have been so bad. In involved in upselling the customer to a more Carolina and order and avoid paying our that case, we could have considered the tax expensive boat (from $140,000 to $240,000), sea state sales taxes. as part of the cost of the transaction and trialing the boat and providing extensive I have personally lost individual sales in then made an informed decision about consultation regarding the product. The cus- my area for fifteen to twenty thousand dol- whether to make the purchase or not. In- tomer thanked us but basically said for lars. We have found that the larger sales are deed, it’s quite possible that we would still the ones that people do out of state because $19,800 he would have to make an economic have bought the furniture. But we were of the high percentage of tax. choice to buy elsewhere. We did not have the blindsided. We were led to believe that there I’m not crying about the prices; I would margin to discount the product further to was no tax, then told four years later that just like to have a level playing field. We even attempt to compete. there was a tax. That simply is not fair. service our clients with free delivery; we fur- In todays economic environment it is The worst part of this situation is that we nish the showrooms where they can touch tough enough to succeed but without some were expected to pay interest and penalties. and feel the merchandise; we finance the form of a fair interstate sales tax collection As I told the South Carolina Department of merchandise locally, and we employ Arkan- program we, as a responsible and law abiding Revenue, I felt that this was particularly un- sas people to sell and deliver the furniture. dealership, can not compete fairly against reasonable since we didn’t even know we Last year NBC did a travel segment and, some of our out of state competitors that are owed the tax—and they didn’t know we owed on over 200 stations across our country, not required to collect sales tax or tax at a the taxes for four years. In the end, I won showed people how to take their vacations in significantly lower rate. half the battle: they agreed to waive the pen- North Carolina, shop while they are there Again, thank you for sponsoring this im- alties, but we still had to pay the interest. and save enough in sales tax to pay for their portant piece of legislation. Hopefully this I understand that the State of South Caro- vacation. Then CBS did a week long special will create a fair arena in which we can com- lina cannot control what North Carolina on ‘‘Good Morning America,’’ devoting one pete. As always, please feel free to contact merchants tell their customers. But the day to furniture, one to cars, and another to me with any questions or comments that United States Congress can and should do so. clothes, etc. you may have. I urge you to pass legislation immediately I don’t know about the other 49 states, but Sincerely, correcting this situation so that other con- I do know that our state could use the reve- RAY JONES, sumers do not have the same bad experience nue from those lost sales taxes for our Owner. we had. schools, roads, and local government. In my opinion, you should require mer- I will be proud to support you in any effort chants who ship goods to other states to in- Portland, TN, September 8, 1994. you can make to help our state collect these form those customers that taxes may apply. Senator DALE BUMPERS, unpaid taxes. The disclosure should be in writing, and the Russell Senate Office Building, Washington, Thank you. customer’s signature should be required. Any DC. DEBBIE WHITE. merchant who fails to give the disclosure DEAR SENATOR BUMPERS: When I moved from Nashville to a small town a number of Hilton Head, SC, September 12, 1994. should have to pay 50 percent of any pen- alties or interest that occur. I believe this years ago, I discovered the convenience of Hon. DALE BUMPERS, mail-order buying. I buy several hundred dol- Chairman, Committee on Small Business, would discourage companies from failing to lars worth of merchandise per year. I am 75 U.S. Senate, Washington, DC. share important information with the consumer. years old and can no longer drive to the city DEAR SENATOR BUMPERS: While on a trip to to shop. I know there are probably thousands North Carolina a few years ago, my wife and Thank you for the opportunity to share my in my situation. I visited a furniture store to look for items thoughts with you on this issue. I hope that Several months ago I heard on our local for our winter home in Hilton Head, South you will move quickly to ensure that other news that people purchasing goods from mail Carolina. As you are no doubt aware, North consumers aren’t misled the way my wife order catalogs must pay State sales and use Carolina is the furniture center of America. and I were. tax on these items. That was news to me. I, People come from all over America to buy Sincerely, and I know many others, have always furniture in North Carolina, drawn by word JOHN DIX. thought that merchandise purchased outside of mouth and various means of advertising. f our state was not subject to sales tax unless As we shopped at one store in High Point, such a vendor had a store within our state. my wife and I found a number of furniture NOTICE OF HEARINGS Since I have always tried to be a law-abid- pieces that we were interested in buying. COMMITTEE ON ENERGY AND NATURAL ing citizen, I added up from my records all While considering the purchase, we were told RESOURCES purchases made in recent years, figured the by the sales staff that if this furniture were sales tax, and mailed a check to the State delivered to our home in South Carolina, no Mr. MURKOWSKI. Mr. President, I Department of Revenue. But what about sales tax would be collected. This rep- would like to announce for the infor- those many people who still do not know resented a savings of several hundred dollars, mation of the Senate and the public they are liable for these taxes? This situa- and became one factor in our decision to that an oversight hearing has been March 13, 1995 CONGRESSIONAL RECORD — SENATE S 3849 scheduled before the Committee on En- ADDITIONAL STATEMENTS At 34 he became the president of the Uni- ergy and Natural Resources. versity of Arkansas. Two years later during The hearing will take place Wednes- a political controversy he was asked to re- THE SENATOR sign by the governor. He refused and was day, March 22, 1995, at 9:30 a.m. in room promptly fired. It was 1942. That spring, SD–366 of the Dirksen Senate Office ∑ Mr. SIMON. Mr. President, one of the young Fulbright decided to run for Congress. Building in Washington, DC. members of the Presbyterian clergy Contrary to almost everyone’s expectations, The purpose of this hearing is to re- with whom I have had the chance to he was elected. By 1945 he had become the view the findings of a report prepared work on historical projects and other junior senator from Arkansas and had for the Committee on the cleanup of things is the Reverend Robert launched a career that would span thirty years and bring him international promi- the Hanford Nuclear Reservation. Tabscott. He sent me some observations he nence. Those wishing to submit written We probably know William Fulbright best statements should write to the Com- made 21 years ago about our former as chairman of the Senate’s Foreign Rela- mittee on Energy and Natural Re- colleague, Senator Bill Fulbright. Bill tions Committee and for his untiring efforts sources, U.S. Senate, Washington, DC Fulbright was a remarkable public to achieve de´tente with Russia and a better servant. 20510. For further information, please understanding of world Communism. For I had the chance to work with him on that he has been labeled a liberal and Com- call David Garman at (202) 224–7933 or exchange programs and other matters munist sympathizer. Judy Brown at (202) 224–7556. in the area of foreign policy. His greatest and most difficult years were To get a little more perspective on between 1950 and 1973. At times he stood SUBCOMMITTEE ON FORESTS AND PUBLIC LANDS alone as he did against the maniacal red cru- MANAGEMENT the impact of Senator Fulbright on sade of Joseph McCarthy, or as a persistent Mr. CRAIG, Mr. President, I would people, it is good to read what Robert critic of two Administrations’ Vietnam poli- like to announce for the information of Tabscott wrote almost 21 years ago. cies. On other occasions he has been pain- the public that a hearing has been I ask that the tribute be printed in fully silent as he was during the Little Rock scheduled before the Subcommittee on the RECORD. crisis and throughout most of the Civil Rights movement. The Senator is far from Forests and Public Lands Management The tribute follows: [November 1974] the hero his supporters have wanted him to to receive testimony on S. 506, the Min- be. But what is significant is that he has re- ing Law Reform Act of 1995. THE SENATOR mained a man of conscience and integrity The hearing will take place Thurs- (By Robert Tabscott) who has not sought to cover his inconsist- day, March 30, 1995, at 9:30 am in room Reaching back in my memories I was first encies but has acknowledged the painful SD–366 of the Dirksen Senate Office appreciative of William Fulbright in the struggle of public service and the burden of early fall of 1961 when he eulogized the fallen political compromise. Building in Washington, DC. Dag Hammerskijold. Six years later in Mis- Two events illustrate that tension. On Au- Those wishing to testify or who wish sissippi I read his book, ‘‘The Arrogance of gust 6, 1964, President Johnson requested to submit written testimony state- Power.’’ It was a watershed for me: a provoc- Fulbright to introduce the famous Tonkin ments should write to the Committee ative word in a hard and sterile time. The Resolution which gave the chief executive on Energy and Natural Resources, U.S. book challenged the American dream of opu- authority, ‘‘* ** to take all necessary meas- Senate, Washington, DC 20510. For fur- lence and power and called for a rediscovery ures to repel any armed attack against of the values of Jefferson and the American forces of the United States and to prevent ther information, please call Michael revolution. But more, it was a fervent appeal further aggression.’’ That action put us into Flannigan at (202) 224–6170. for a new tolerance among us for people of a land war in Asia. Only two Senators, Morse differing philosophies and cultures. The book of Oregon and Gruening of Alaska, voted SUBCOMMITTEE ON FOREST AND PUBLIC LANDS shook my patriotic myths and aroused a cir- against the resolution. But by February, MANAGEMENT cumspection for which I shall always be 1965, Fulbright had become disillusioned. He Mr. CRAIG, Mr. President, I would grateful. was alarmed, ‘‘* * * by the tyranny of Puri- like to announce for the information of So when it became possible to interview tan virtues, of the dogmatic ideology of false the public that a hearing has been the Senator on one of my recent visits to patriotism and a resurgence of manifest des- scheduled before the Subcommittee on Washington, I was beside myself. Meeting tiny in American life.’’ The Senator would him in the privacy of his large comfortable later confess that the Tonkin Resolution was Forests and Public Lands Management office, it was hard to imagine him as an one of the most regrettable mistakes of his to receive testimony for a general international figure. He was surrounded by public life. oversight on the Forest Service land half-packed cartons of books (a prelude to In 1957, 19 senators and 77 representatives management planning process. his departure from the Senate), a cum- from the eleven states of the old Confed- The hearing will take place Wednes- bersome stack of magazines and papers, sev- eracy, drafted a manifesto attacking the Su- day, April 5, 1995, at 9:30 am in room eral botties of mineral water and at least a preme Court’s historic decision on segrega- week’s supply of health foods and vitamins. tion. ‘‘The court,’’ they said, ‘‘had sub- SD–366 of the Dirksen Senate Office Entering the office, I stood motionless. ‘‘Sit stituted naked power for established law.’’ Building in Washington, DC. down,’’ he said in a sonorous voice. I was ex- The signers pledged themselves ‘‘* * * to re- Those wishing to testify or who wish tremely nervous and he waited for me to sist integration through all lawful means to submit written testimony state- gain my composure. ‘‘You will have to ex- and by any lawful means.’’ J. William Ful- ments should write to the Committee cuse me,’’ I said, ‘‘but this is quite an occa- bright signed the Manifesto. on Energy and Natural Resources, U.S. sion for me.’’ Graciously, he coaxed me on. But there were reasons, he contended. It ‘‘Well I am glad I could give you this time.’’ was an election year and there was great Senate, Washington, DC 20510. For fur- I described my work and the Rockefeller pressure in the south. He could leave his ther information, please call Mark Rey grant and asked if I could take notes. He southern colleagues and go his own way or at (202) 224–2878. smiled and said, ‘‘I don’t know if I will say stay with them and be assured of remaining anything important, but you may.’’ And so I in the Senate. Better to compromise and to f did. fight again. He was convinced that he could J. William Fulbright was born in Missouri not survive if he stood alone. He chose to re- AUTHORITY FOR COMMITTEES TO sixty-nine years ago. But he grew up in Ar- main silent. Many were shocked and dis- MEET kansas, enjoying the benefits of a well- appointed because of his actions. known and prosperous family. He won honors But when you consider the events of the COMMITTEE ON FINANCE at the University in Fayetteville and was last decade there were few men and women Mr. ABRAHAM. I ask unanimous awarded a coveted Rhodes scholarship. His in public life who stood apart to face the cri- three years at Oxford were indelible. He read sis of Little Rock, Vietnam, Selma, Kent consent that the Finance Committee Tennyson, Lord Byron, Dryden, inspected State or Attica. At a time when the South be permitted to meet on Monday, Norman Churches, sought out Canterberry needed the wisdom of its statesmen, not one March 13, 1995, beginning at 9:30 a.m., and Stradford and buried himself in English major figure dared to challenge the old in room 215 of the Dirksen Senate Of- history and political thought. In 1928 he set- myths. It was left to a heroic company of fice Building, to conduct a hearing on tled for a time in Vienna. From there he ven- black men and women and an unlikely army the Consumer Product Index. tured with a friend to Salonika, Athens, and of students, teachers, ministers, editors, law- the Balkans. But his mind probed even fur- yers, judges, and businessmen to stir the na- The PRESIDING OFFICER. Without ther into Chinese history, Russian lit- tion’s conscience and to open a way for poli- objection, it is so ordered. erature, and Creek philosophy. ticians to follow. S 3850 CONGRESSIONAL RECORD — SENATE March 13, 1995 William Fulbright is a scholar, a man of over the 5 years 1995–99. The current es- THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. reason and reflection. Some consider him a timate of the deficit for purposes of SENATE, 104TH CONGRESS, 1ST SESSION, SENATE child of the Enlightenment. Intellectually he calculating the maximum deficit SUPPORTING DETAIL FOR FISCAL YEAR 1995 AS OF is much like Adlai Stevenson or Woodrow Wilson. He speaks of Jefferson and amount is $238.7 billion, $2.3 billion CLOSE OF BUSINESS, MAR. 10, 1995—Continued DeTocqueville, but I would venture he is below the maximum deficit amount for [In millions of dollars] more Hamiltonian in his philosophy. If he 1995 of $241.0 billion. Budget were to put this in theological terms, he Since my last report, dated February authority Outlays Revenues would probably say that God’s special gift to 27, 1995, there has been no action that man is his capacity for reason. affects the current level of budget au- Offsetting receipts ...... (250,027) (250,027) (*) A biographer has described him as ‘‘* * * a thority, outlays, or revenues. Total previously enacted ...... 1,238,376 1,213,992 978,466 complex human being, at times, witty, eru- The report follows: Entitlements and Mandatories dite, earthy, sardonic, melancholy, shrewd, CONGRESSIONAL BUDGET OFFICE, Budget resolution baseline estimates innocent to the point of nievete, and can- of appropriated entitlements and did—but never indifferent.’’ Someone else U.S. CONGRESS, other mandatory programs not yet said, ‘‘Fifty years from now when they talk Washington, DC, March 13, 1995. enacted ...... (1,887) 3,189 (*) Hon. PETE DOMENICI, of Senators, they will remember Fulbright.’’ Total current level 1 ...... 1,236,489 1,217,181 978,466 Great men and women are not perfected; Chairman, Committee on the Budget, U.S. Sen- Total budget resolution ...... 1,238,744 1,217,605 977,700 they endure. They survive the best and worst ate, Washington, DC. Amount remaining: EAR R HAIRMAN Under budget resolution ...... 2,255 424 (*) that is in them to become. In the end, they D M . C : The attached report Over budget resolution ...... (*) (*) 766 stand apart because they are real, but in so for fiscal year 1995 shows the effects of Con- doing, they are always just beyond our grasp. gressional action on the 1995 budget and is 1 In accordance with the Budget Enforcement Act, the total does not in- clude $1,394 million in budget authority and $6,466 million in outlays in Most politicians like their constituents, lack current through March 10, 1995. The esti- funding for emergencies that have been designated as such by the Presi- the intellectual penetration to form inde- mates of budget authority, outlays and reve- dent and the Congress, and $877 million in budget authority and $935 mil- pendent judgments and therefore accept the nues are consistent with the technical and lion in outlays for emergencies that would be available only upon an official budget request from the President designating the entire amount requested prevailing opinions of their society. But economic assumptions of the 1995 Concurrent as an emergency requirement. there are always a few who, assessing the Resolution on the Budget (H. Con. Res. 218). * Less than $500,000. circumstances, speak their minds and call us This report is submitted under section 308(b) Notes: Numbers in parentheses are negative. Detail may not add due to to growth and maturity. and in aid of Section 311 of the Congressional rounding.• At the end of his book, ‘‘The Arrogance of Budget Act, as amended, and meets the re- f Power,’’ William Fulbright, wrote: ‘‘For my quirements of Senate scorekeeping of Sec- own part I prefer the America of Lincoln and tion 5 of S. Con. Res. 32, the 1986 First Con- Adlai Stevenson. I prefer to have my country current Resolution on the Budget. BETTYLU SALTZMAN RECEIVES the friend rather than the enemy of demands Since our last report, dated February 27, THE DEBORAH AWARD for social justice; I prefer to have the Com- 1995, there has been no action that affects ∑ Mr. SIMON. Mr. President, for a num- munists treated as human beings, with all the current level of budget authority, out- ber of years, my Chicago office was run the human capacity for good and bad, for lays, or revenues. wisdom and folly, rather than embodiments Sincerely, by someone for whom I have come to of an evil abstraction; and I prefer to see my JUNE E. O’NEILL, have great respect, Bettylu Saltzman. country in the role of a sympathetic friend Director. Recently, she was honored by the to humanity than its stern and painful American Jewish Congress, along with school-master.’’ THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- Elaine Wishner, for her leadership. When you consider the recent revelations CAL YEAR 1995, 104TH CONGRESS, 1ST SESSION AS That happened 6 or 8 weeks ago. Just of our government’s involvement in the over- OF CLOSE OF BUSINESS MAR. 10, 1995 throw of the government in Chili, recently, I had the opportunity to read Fulbright’s words are apocalyptic. He stands [In billions of dollars] her acceptance remarks. Her eloquent remarks urge people to apart. Budget Current When I left the Senator’s office, the long resolution be sensitive and understanding, to Current level shadows of an October afternoon had filled (H. Con. 2 over/ reach out to all human beings, while Res. level under most of the street. Already the leaves had 218) 1 resolution being proud and sensitive of our indi- begun to fall and a tinge of cold passed vidual traditions. ON-BUDGET through the air. A season was passing. I While the remarks are addressed to a walked on through the park toward the Cap- Budget authority ...... 1,238.7 1,236.5 ¥2.3 Outlays ...... 1,217.6 1,217.2 ¥0.4 Jewish audience, those of us who are itol, warmed and grateful for what I seen and Revenues: heard. I realized that I had been with a re- 1995 ...... 977.7 978.5 0.8 Christians can learn from reading her markable man whose wisdom, if remem- 1995–99 3 ...... 5,415.2 5,407.0 ¥8.2 remarks also. Maximum deficit amount ...... 241.0 238.7 ¥2.3 bered, could make a difference in our world.∑ Debt subject to limit ...... 4,965.1 4,755.7 ¥209.4 I should add, Bettylu Saltzman, in f OFF-BUDGET these remarks, follows a great tradi- Social Security Outlays: tion. Her father, Philip Klutznick, BUDGET SCOREKEEPING REPORT 1995 ...... 287.6 287.5 ¥0.1 served as one of our Ambassadors to 1995–99 ...... 1,562.6 1,562.6 *0 ∑ Mr. DOMENICI. Mr. President, I Social Security Revenues: the United Nations and served as Sec- hereby submit to the Senate the budg- 1995 ...... 360.5 360.3 ¥0.2 retary of Commerce under Jimmy 1995–99 ...... 1,998.4 1,998.2 ¥0.2 et scorekeeping report prepared by the Carter. But more important than the 1 Reflects revised allocation under section 9(g) of H. Con. Res. 64 for the Congressional Budget Office under sec- Deficit—Neutral reserve fund. offices he held was the way he held tion 308(b) and in aid of section 311 of 2 Current level represents the estimated revenue and direct spending ef- them. He called for reaching out when fects of all legislation that Congress has enacted or sent to the President the Congressional Budget Act of 1974, for his approval. In addition, full—year funding estimates under current law it was unpopular, as Bettylu mentions as amended. This report meets the re- are included for entitlement and mandatory programs requiring annual ap- in her remarks. propriations even if the appropriations have not been made. The current quirements for Senate scorekeeping of level of debt subject to limit reflects the latest U.S. Treasury information on I am proud to have a citizen like section 5 of Senate Concurrent Resolu- public debt transactions Bettylu Saltzman in the State of Illi- 3 Includes effects, beginning in fiscal year 1996, of the International Anti- tion 32, the first concurrent resolution trust Enforcement Act of 1994 (P.L. 103–438). nois. on the budget for 1986. * Less than $50 million. At this point, I ask that her remarks This report shows the effect of con- Note: Detail may not add due to rounding. be printed in the RECORD. gressional action on the budget The remarks follow: THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. through March 10, 1995. The estimates SENATE, 104TH CONGRESS, 1ST SESSION, SENATE It’s a great honor to be here tonight. And of budget authority, outlays, and reve- SUPPORTING DETAIL FOR FISCAL YEAR 1995 AS OF while I remember Golda Meir’s famous ad- nues, which are consistent with the monition—‘‘Don’t be humble; you’re not that CLOSE OF BUSINESS, MAR. 10, 1995 technical and economic assumptions of great’’—it’s hard to avoid, when sharing an the concurrent resolution on the budg- [In millions of dollars] honor with Elaine Wishner and joining the ranks of the other outstanding women who et (H. Con. Res. 218), show that current Budget authority Outlays Revenues have been recognized in the past seven years. level spending is below the budget reso- I don’t know if I belong among them, but lution by $2.3 billion in budget author- Enacted in Previous Sessions I’m proud to stand with them, as they are ity and $0.4 billion in outlays. Current Revenues ...... (*) (*) 978,466 truly people who have made a difference— Permanents and other spending leg- level is $0.8 billion over the revenue islation ...... 750,307 706,236 (*) giving of themselves to make the world a floor in 1995 and below by $8.2 billion Appropriation legislation ...... 738,096 757,783 (*) better place for all of us. March 13, 1995 CONGRESSIONAL RECORD — SENATE S 3851 Through their examples, they have ad- bridge the chasm between Arab and Jew. He For that, as much as for this wonderful vanced the cause of justice which is an essen- said we cannot afford, nor should we want, award, I thank you very much.∑ tial part of Jewish values and Jewish tradi- Israel to live in a perpetual state of war, and f tion. suggested that Israel’s survival demanded an Since its inception, the American Jewish end to the conflict. ORDERS FOR TUESDAY, MARCH 14, Congress has personified that tradition. And Though he devoted much of his life to the for the past ten years, the Commission for Jewish community and support of Israel, he 1995 Women’s Equality has provided valuable and was censured by some members of the com- Mr. ABRAHAM. Mr. President, I ask enlightened leadership. munity, who accused him of treachery and unanimous consent that when the Sen- I’m delighted to lend my name to that im- betrayal. ate completes its business today it portant effort. Today, once again, there was an horren- But this evening also is gratifying because stand in recess until the hour of 11:30 dous terrorist attack at a bus stop north of a.m. on Tuesday, March 14, 1995, that it marks a kind of milestone in my own evo- Tel Aviv. Many lives were lost and many lution. more Israeli citizens were maimed. But does following the prayer, the Journal of Though I come from a family with a deep it behoove us to give in to the enemies of proceedings be deemed approved to commitment to Judaism and Israel, it is peace, who perpetrate these atrocities in the date, the time for the two leaders be only in recent years that I have really come Middle East or any place else in the world? reserved for their use later in the day, to terms with what that means to me. I hope not. there then be a period for the trans- I am the only girl among five children and I do not believe that due to the heroic ac- I believe that is the reason I was largely de- action of routine morning business not tions of Israeli and Arab leaders, my father’s prived of the religious and cultural edu- to extend beyond the hour of 12:30 p.m., dream of peace is several steps closer today. cation that might have given me an earlier with Senators permitted to speak for I am vice president of the New Israel Fund, and richer appreciation for Jewish history an organization dedicated to promoting so- up for 5 minutes each, with the follow- and tradition. cial justice and democracy within Israel. I ing exceptions: Senator MURKOWSKI for Like many contemporary Jews, I struggled support the work of the Fund because it is 30 minutes, Senator EXON for 15 min- with the relevance of religion in my life, consistent with my belief that maintaining a utes, and Senator FEINGOLD for 15 min- when religion seemed remote and ritualistic. civil and just society takes vigilance and And, as a much younger woman, I tried to utes. hard work, beginning at the grassroots, and find my place in Jewish life, in a community I further ask consent that at the in which such participation was strictly dic- because continued political, economic and hour of 12:30 p.m., the Senate stand in tated by a few, so-called ‘‘mainstream’’ orga- moral support for Israel from America and recess until 2:15 p.m. on Tuesday in the world community depends upon its sur- nizations, in which men dominated and al- order for the weekly party caucuses to ternative points of view were not particu- vival as a healthy and robust democracy. This endeavor is the way I have chosen to meet. larly well received. I further ask unanimous consent My own metamorphosis began with the re- act on my commitment to Israel, though in alization of the underlying lessons and val- the past, the New Israel Fund was not an or- that, following the recess, the Senate ues that form the foundation of Judaism— ganization that was always warmly wel- resume consideration of the supple- values that are as relevant and important comed into the Jewish community. mental appropriations bill, and at that today as they were thousands of years ago. But my hope, as we carry on this debate point Senator BYRD be recognized to We Jews believe that it is our responsibil- about Jewish continuity, is that we think speak. ity to repair the world—Tikkun Olam, and a more expansively, understanding that there are many ways to demonstrate our devotion, I further ask unanimous consent that commitment to justice is a recurrent theme immediately following the conclusion in our history. The entire prophetic tradi- each as valid as the next. tion commands us to show compassion and If one chooses to invest time and resources of Senator BYRD’s statement, the Sen- seek justice. We do this not just for our fel- in an organization like the New Israel Fund, ate turn to the consideration of the low Jews, but for all human beings. that is a triumph for the community, be- conference report to accompany S. 1, Listen carefully to this quote from Leviti- cause it means one more person committed the unfunded mandates bill, and there cus inscribed on the Liberty Bell—‘‘Proclaim to justice, equality and the principles of Ju- be 3 hours for debate, to be equally di- liberty throughout all the land unto all the daism. vided in the usual form. In times when we are concerned about inhabitants thereof’’. I further ask unanimous consent that That is why I’m proud to serve with Susan Jews in America drifting away, we simply Manilow on the board of Mount Sinai Hos- cannot afford to disqualify and discourage at the conclusion or yielding back of pital, where Ruth Rothstein labored so long those who are reaching out to find their time on the conference report, the Sen- and hard to see to it that Chicagoans of all place in the community. ate proceed to vote on the conference races, religions and creeds are provided with And I hope I don’t offend, when I include in report, without any intervening action excellent health care. It is why I served on that category the young couples, Jew and or debate. If a rollcall vote is ordered the board of the Crossroads Fund and con- non-Jew, who ask a rabbi to join them in on the conference report, I ask that the tinue to serve on the board of the Jewish marriage. By seeking rabbinic involvement vote occur immediately following the they are making an important choice. By re- Council on Urban Affairs. scheduled cloture vote on Wednesday, Recently I was introduced to someone who fusing them, we simply insure the likelihood recognized me as a trustee of Mount Sinai that one more couple will be lost, and one notwithstanding rule XXII. Hospital—a position of which I am justifi- more family isolated from our traditions. The PRESIDING OFFICER. Without ably proud. So, I was quite disturbed when My point is that we cannot address the objection, it is so ordered. this person admonished me that I should issue of Jewish continuity without broaden- f spend more time worrying about Jews, in- ing our horizons and opening our arms. Ri- stead of poor people in the inner city. gidity will not lead to greater Jewish identi- PROGRAM Ethics, morality and the commandment to fication—inclusiveness will. help others, are central to our tradition and As the years go by, I grow more and more Mr. ABRAHAM. For the information our way of life. Through such activities, I appreciative of the meaning and value of Ju- of all Senators, the Senate will debate have found my place in the Jewish commu- daism, the sense of rootedness and belonging, the Kassebaum amendment and the un- nity and in the process I have come to under- and the opportunity to participate in Jewish funded mandates conference report stand my Jewishness in a much deeper sense. life in ways in which I feel most comfortable. during tomorrow’s session of the Sen- I share this thought because of the current That’s a wonderful gift, which I want my debate on Jewish continuity, and my belief children and future generations to share. ate; however, no votes will occur. The that if we are to encourage the perpetuation But for that to happen they must embrace first vote will be at 10:30 a.m. on of Jewish awareness, we must discourage the our traditions and as a community we must Wednesday on the cloture motion on kind of thinking that would dismiss a Mount enhance the attractiveness of a variety of the Kassebaum amendment dealing Sinai Hospital or Jewish Council on Urban paths leading to meaningful Jewish experi- with striker replacement. Affairs as an invalid way of expressing one’s ences; not devalue or marginalize choices For the information of all Senators, commitment to Jewish values. that diverge from the middle of the road. the official picture of the U.S. Senate The same is true of attitudes toward how Tonight, you have honored me for the in session will be taken by the Na- one can best express support for Israel, and manner in which I have chosen to connect whether there is room for different ap- with those traditions, and in doing so, you tional Geographic Society on Tuesday, proaches and views. have sent an important message that there April 4, 1995, at 2:15 p.m. All Senators Over a decade ago, my father Philip are many meaningful ways to fulfill our obli- are now on notice to be on the floor at Klutznick, courageously spoke of the need to gations as Jews. 2:15 p.m. on April 4 for the picture. S 3852 CONGRESSIONAL RECORD — SENATE March 13, 1995 RECESS UNTIL 11:30 A.M. fore the Senate, I now ask unanimous There being no objection, the Senate, TOMORROW consent that the Senate stand in recess at 5:14 p.m., recessed until Tuesday, Mr. ABRAHAM. Mr. President, if under the previous order. March 14, 1995, at 11:30 a.m. there is no further business to come be- March 13, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 581 EXTENSIONS OF REMARKS

HUMAN RIGHTS VIOLATIONS IN rules in Punjab with a ruthlessness and brutal- troubling that a leader of Mr. Mann’s stature INDIA; THE CASE OF S.S. MANN ity that we in this country have a hard time un- can be arrested for exercising his freedom of derstanding. However, every murder, act of speech.’’ torture, or rape committed by India's Army or The legislators said that they had been in- HON. DAN BURTON formed by Dr. Aulakh, that Mr. Mann, a OF INDIANA paralegal forces will only increase the animos- former Member of Parliament and senior IN THE HOUSE OF REPRESENTATIVES ity between these two peoples. leader of the Shiromani Akali Dal party, was Monday, March 13, 1995 Mr. Mann is the most visible spokesman for arrested on January 5 for ‘‘having advocated the freedom of Khalistan in Punjab. The Gov- independence for Khalistan by peaceful Mr. BURTON of Indiana. Mr. Speaker, I rise ernment's intimidation of Mr. Mann and other means.’’ today to discuss the serious human rights peaceful advocates must not be met with si- They noted that Mr. Mann had urged a problems in IndiaÐespecially in Punjab and lence by the world's leaders. As long as India rally of 50,000 people to show their support Kashmir. I would like to focus today on the continues to practice this kind of repression, for ‘‘a peaceful movement toward an inde- case of Sikh leader Simranjit Singh MannÐa the other governments of the world must pendent state by raising their hands, and that the entire crowd did so.’’ former Member of Parliament. He has been speak out and protest. A country which prac- held in an Indian prison for over 2 months now The legislators wrote that they were con- tices systematic repression should not receive cerned that this was not the first time Mr. for the simple act of making a speech. aid from free countries like ours. The United Mann had been arrested under TADA, and Mr. Mann was arrested after making a States must not support tyranny. noted that he spent five years in prison dur- speech December 26 in Punjab, Khalistan, in The release of S.S. Mann would be a good ing the 1980s ‘‘without trial and without for- front of a crowd of 50,000 Sikhs. At that time, first step by the Indian Government to dem- mal charges being filed against him in a he called for a peaceful, democratic, non- onstrate its commitment to democratic prin- court of law.’’ violent movement to liberate Khalistan. Major ciples. I call for Mr. Mann's immediate release, The lawmakers noted that according to Sikh political groups called for an independent and I call upon the First Lady, who will be press reports, ‘‘he was subject to physical and psychological torture during that pe- Khalistan in October 1987. In his speech, Mr. traveling to India at the end of the month, to Mann asked those attending to raise their riod—including electric shock and having his raise the issue of human rights with the Prime beard pulled out in tufts.’’ hands if they agreed with him that a peaceful Minister. Misuse of TADA: In January 1994, Mr. movement for a free and independent Mr. Speaker, I ask unanimous consent to in- Mann was again arrested under TADA, and Khalistan is necessary. Every hand was sert in the RECORD at this point an article from over 50 charges filed against him ‘‘were later raised. the January 19 issue of the Indian Express of dropped and he was released,’’ they said. The Mr. Mann is being held without trial or for- Chandigarh about our letter to the Prime Min- legislators wrote to Mr. Rao that ‘‘it appears mal charges under India's brutal Terrorist and ister calling for Mr. Mann's release. that the Indian government is using [the] Disruptive Activities Act. This oppressive law TADA to harass and intimidate Mr. Mann.’’ [From the Indian Express Chandigarh, Jan. The legislators also called on the Prime has been universally condemned by human 19, 1995] rights groups around the world. It allows the Minister ‘‘to recommend to your Parliament TWENTY-SIX CONGRESSMEN PROTEST TO RAO that (the) TADA be reformed to bring it into Government to detain virtually anyone in pris- OVER MANN’S ARREST compliance with generally accepted human on for nearly 2 years without filing charges or WASHINGTON.—Influential members of the rights. going to court. Sikhs and Moslems detained new Republican-controlled Congress have under this law are routinely tortured and often fired their first anti-India salvo on urgings f murdered. How can a country which proclaims from the pro-Khalistan lobby. itself the world's largest democracy behave in Hardly two weeks in the session, the Con- POLICE TRAINING FOR GEORGIA such a manner? gress has seen a bipartisan group of 6 law- On January 12, I, along with 25 of my col- makers write to the Prime Minister, Mr. P.V. Narasimha Rao, protesting the deten- HON. LEE H. HAMILTON leagues wrote to the Prime Minister of India, tion of Sikh leader Simranjit Singh Mann. OF INDIANA P.V. Narasimha Rao, to demand Mr. Mann's The group has also called for the repeal of release. The letter was signed by prominent the Terrorist and Disruptive Activities (pre- IN THE HOUSE OF REPRESENTATIVES members of both parties, Republicans and vention) Act (TADA). The letter was written Democrats. While we disagree on many on the urging of the Council of Khalistan, Monday, March 13, 1995 things, we all agree that everyone around the the leading pro-Khalistani lobby in the US Mr. HAMILTON. Mr. Speaker, it has come world is entitled to certain basic human headed by Dr. Gurmit Singh Aulakh. to my attention that the United States is con- Influence: Although it was initiated by the rightsÐfreedom from torture and other violent sidering providing police training to Georgia. abuses, dignity, and self-determination. usual coterie of India-bashers led by New Delhi’s most acerbic critic on Capitol Hill, While we would all like to help Chairman India's response to our letter was extremely the Republican, Mr. Dan Burton, the dif- Shevardnadze in his fight to stabilize his torn disappointing. Instead of doing the right thing ference this time around is that many of country, I have fundamental reservations and releasing Mr. Mann, the Government of them now hold leadership positions and about the wisdom of providing police training India dug up old charges against him from wield considerable influence. to Georgia at this time. 1985Ðcharges long ago discreditedÐand Mr. Burton himself is now a senior member Those reservations are spelled out in a let- added them to the charges against Mr. Mann. of the House International Relations Com- ter I sent recently to the Department of State. mittee. Other Republicans who had signed India's harassment of Sikh leaders, and its I ask that my letter, and the Department's re- revival of old trumped-up charges against Mr. the letter are Mr. Gerald Solomon, the chair- man of the Rules Committee, Mr. Phil Crane, sponse, be included in the CONGRESSIONAL Mann demonstrate India's fear of the potency the head of the Trade Sub-committee of the RECORD. of the movement for an independent powerful Ways and Means Committee and COMMITTEE ON Khaslistan. The fact that only 4 percent of Mr. Tom Bliley, chairman of the Commerce INTERNATIONAL RELATIONS, Sikhs in Punjab participated in State elections Committee. Washington, DC, February 28, 1995. organized by the Government in New Delhi in Thus, while Mr. Solomon could allow anti- Hon. WARREN CHRISTOPHER, 1992 is a further indication of the Indian Gov- India legislation and resolutions to the floor Secretary of State, Department of State, Wash- ernment's weakness in that region. What India of the House for debate, Mr. Bliley and Mr. ington, DC. must understand is that, if a people are deter- Crane could put a damper on the burgeoning DEAR MR. SECRETARY. I write to oppose Indo-US commerce and trade relations by U.S. assistance or training at this time for mined to be free, it cannot hold them at the calling for punitive action against India on police forces in the Government of Georgia. point of a gun forever. India has over a half- trade matters and keep pushing for laws I support carefully crafted police training a-million armed forces in Punjab to force its such as Super 301 and Special 301. programs overseas. In particular, I support will on the Sikh people. It cannot sustain this Mann’s Arrest: In their letter to Mr. Rao, the Administration’s efforts to fight orga- heavy military presence forever. The army the legislators said that ‘‘we find it very nized crime in Eastern Europe and the N.I.S.

∑ 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 582 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 1995 through targeted assistance to police forces Chairman Shevardnadze, senior officials of operation was voted the best in the New Jer- in those regions. These efforts, however, his government and Ambassador Brown in sey congressional delegation. carry a degree of risk. In the case of Georgia, Tbilisi repeatedly have identified crime as that risk is too high to merit the use of the most important impediment to economic f scarce U.S. Government resources. and political reform in Georgia. TRIBUTE TO THE MIAMI TIMES We all want to be supportive of Chairman The danger that NIS crime poses for the Shevardnadze in his efforts to bring peace nascent democracies as well as the broader NEWSPAPER and prosperity to his troubled country. The international community requires a thor- United States has provided more the $250 ough consideration of the most appropriate HON. CARRIE P. MEEK million in food aid to Georgia since Fiscal U.S. assistance. The Georgians have asked OF FLORIDA Year 1992, which I believe demonstrates U.S. for our help. That interagency assessment support. But the risks of establishing a po- team visiting Tbilisi this month constitutes IN THE HOUSE OF REPRESENTATIVES lice training program in Georgia outweigh a modest response, consistent with our lim- Monday, March 13, 1995 any possible benefits. ited resources. We would be happy to brief Providing police training to foreign coun- you on our findings when our team returns Mrs. MEEK of Florida. Mr. Speaker, the tries requires us to ask tough questions from Tbilisi. week of March 12 is Black Newspaper Week. about who will benefit. Do we have reason- I hope we have been responsive to your In recognition of the important role that black able assurances that those being trained are concerns. Please feel free to call me on this newspapers have played in bringing about a not corrupt, are committed to the rule of or any other issue. fair and just society, I rise to pay special trib- law, and will not engage in abusive prac- Sincerely, ute to the Miami Times newspaper, one of the tices? WENDY R. SHERMAN, largest, most innovative, and important weekly In the case of Georgia, I do not believe we Assistant Secretary, can answer ‘‘yes’’ to those questions. Wide- Legislative Affairs. newspapers in America. After very careful and deliberative consider- spread media reports, and the State Depart- f ment’s own reporting, indicate massive and ation Henry E. Sigismund Reeves decided that pervasive corruption in the Government of REMEMBERING TIM SULLIVAN the black community could not depend on ei- Georgia, especially in the police forces. ther their friends or enemies to express their Much of the substantial U.S. aid already sent HON. FRANK PALLONE, JR. ideas and aspirations. So on September 1, is reported to have been diverted—by some 1923, Henry E.S. Reeves founded the Miami estimates, as much as half. Organized crime OF NEW JERSEY reportedly controls important sectors of the IN THE HOUSE OF REPRESENTATIVES Times as a voice for Miami's black community. In its 73 years of existence the Miami Times government. Monday, March 13, 1995 Under these circumstances, it seems to me has taken strong stances on issues such as that the possibilities for abuse in a police Mr. PALLONE. Mr. Speaker, thousands of segregation, economic opportunity, equal jus- training program are unacceptably high. The people in Monmouth, Ocean, and Middlesex tice, and the positive promotion of black life. United States could too easily become asso- Counties, NJ, were helped over the years by Through its efforts, the paper helped to inte- ciated with unlawful elements of the Geor- a dedicated public servant whose name most grate Miami's public beaches, golf courses, gian Government, and support for police never knew. This public servant worked tire- and played a critical role in winning conces- training generally could be weakened as a re- sult. I believe that Chairman Shevardnaze lessly and without personal gain or recognition sions for Miami blacks in the successful black must take more forceful steps to attack assisting veterans, Social Security bene- tourism boycott of Miami. criminal elements within his government be- ficiaries, students, and others on critical per- The Miami Times has played an important fore the United States put its credibility, sonal problems. He helped mayors and coun- role not only as a protest journal but also as and scarce resources, on the line with a po- cilmen fix bridges, dredge waterways, and re- an instrument for revealing the human dimen- lice training program of Georgia. store downtown areas so that men and sion of the black personality. White men of the I understand that an interagency team will women could work and the Jersey shore could day scoffed at the idea of love and family ties visit Georgia in the near future to assess the prosper. among blacks. By featuring blacks as parents, need for a police training program. I believe that when you assess the risks as opposed to Timothy F. Sullivan, this public servant in brides, mothers, and fathers, the paper ex- any possible benefits, you will agree with me the truest sense, died Saturday of a heart at- posed the one-dimensional treatment of blacks that such a program at this time simply can- tack. For 17 years, from 1965 to 1982, he was in the mainstream press. not be supported. administrative assistant to Representative Long before Ebony and Jet magazines Thank you for your attention to this mat- James J. Howard, former chairman of the came on the scene, the Miami Times stressed ter. House Public Works and Transportation Com- facets of black life which were ignored in white With best regards, mittee. media. Black achievement, as expressed in Sincerely, When Jim Howard, my distinguished and the careers of Phyllis Wheatley, Toussaint LEE H. HAMILTON, Ranking Democratic Member. accomplished predecessor, won an uphill bat- L'Ouverture, Richard Allen, and our own tle for Congress in 1964, he had the good Athalie ``Mama'' Range, Hon. Joe Lang U.S. DEPARTMENT OF STATE, judgment to ask Tim, his good friend, fellow Kershaw, and Gwen Sawyer Cherry. Washington, DC, March 7, 1995. teacher, and campaign adviser, to come to The Miami Times also emphasized racial Hon. LEE H. HAMILTON, Washington as his chief aide. pride and other values of the black commu- House of Representatives. Because Democrats were rarely elected in nity. It chronicled the dreams, aspirations, and DEAR MR. HAMILTON: Thank you for your that old Third Congressional District on any achievements of our community. letter of February 28 to Secretary Chris- topher regarding possible U.S. criminal jus- level, Jim Howard's prospects for reelection The Miami Times has also served as a cat- tice assistance for the Republic of Georgia. were less than bright. But Jim and Marlene alyst for change between people outside of The Administration shares your concern Howard had been eager to take the risk and the black community. In 1987, the Miami that U.S. assistance and training for law en- their enthusiasm was catching. Times became one of the first black news- forcement personnel in the NIS not be Tim and his wife, Marilyn, pulled up stakes papers in America to exchange editorials, let- abused by criminal or repressive elements. with six young children. Tim quit his job and ters, and articles with a Jewish newspaper, Recognizing the potential for misuse, our came to Washington to begin his long career the Miami Jewish Tribune, in an effort to foster practice has been to ground our NIS pro- as a trusted adviser and manager, taking the better understanding and cooperation between grams firmly in the rule of law and respect for human rights. heat over the years when necessary but not the two communities. At that time then, Miami Our interagency assessment team sched- claiming the credit when it was his due. He Times publisher Garth Reeves believed that uled to visit Tbilisi later this month will ex- kept Jim Howard's office on an even keel such a partnership between a black and a amine precisely the issues raised in your let- through tough elections and crises in the dis- Jewish newspaper would help to close what ter. They will gather information regarding trict like life-threatening coastal hurricanes and was seen as a growing chasm between the (a) Georgia’s capacity to employ properly proposals to shut down Fort Monmouth and two communities. U.S. criminal justice assistance and (b) put thousands out of work. A few years later, the Miami Times began which programs might best promote democ- Through it all, he helped Jim Howard de- exchanging opinion pieces with one of Ameri- ratization, human rights and the rule of law in Georgia. velop a reputation for excellent constituent ca's great Spanish-language weeklies Diario In the vacuum created by the collapse of service. Tim had a right to be proud in the Las Americas, in an effort to forge better links the Soviet Union, crime and corruption have early eighties when the New York Times cited between blacks and Latinos. gained a worrisome beachhead in the NIS. It a poll taken of New Jersey staffers and Mem- Since 1923, four generations of Reeves is a problem by no means limited to Russia. bers of Congress in which Jim Howard's office have managed the Miami Times. Founder March 13, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 583 Henry E.S. Reeves was followed by his only generation of the Reeves family is being communities. This family business has been son Garth Reeves, Sr., who was followed by trained for leadership and management of the doing it for more that 70 years. I am proud to his only son, the late Garth Reeves, Jr., who paper; young Garth Basil. salute the Miami Times. was succeeded by his sister Rachel Reeves. My dear colleagues, we talk a lot about cre- And, Mr. Speaker, I understand that the next ating jobs and development in all kinds of E 584 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 1995 SENATE COMMITTEE MEETINGS Appropriations 2:00 p.m. Commerce, Justice, State, and Judiciary Appropriations Title IV of Senate Resolution 4, Subcommittee Labor, Health and Human Services, and agreed to by the Senate on February 4, To hold hearings on proposed budget es- Education Subcommittee 1977, calls for establishment of a sys- timates for fiscal year 1996 for the De- To hold hearings on proposed budget es- tem for a computerized schedule of all partment of Justice. timates for fiscal year 1996 for the De- meetings and hearings of Senate com- S–146, Capitol partment of Education. 11:00 a.m. SD–192 mittees, subcommittees, joint commit- Commission on Security and Cooperation tees, and committees of conference. Armed Services in Europe Personnel Subcommittee This title requires all such committees Briefing on the International Foundation To hold hearings on proposed legislation to notify the Office of the Senate Daily Election System. authorizing funds for fiscal year 1996 2200 Rayburn Building Digest—designated by the Rules Com- for the Department of Defense and the 2:00 p.m. mittee—of the time, place, and purpose future years defense program, focusing Appropriations on manpower, personnel, and com- of the meetings, when scheduled, and Energy and Water Development Sub- any cancellations or changes in the committee pensation programs. meetings as they occur. To hold hearings on proposed budget es- SR–222 As an additional procedure along timates for fiscal year 1996 for the Bon- Foreign Relations neville Power Administration. East Asian and Pacific Affairs Subcommit- with the computerization of this infor- tee mation, the Office of the Senate Daily SD–192 Select on Intelligence Closed briefing to discuss recent develop- Digest will prepare this information for To hold closed hearings on intelligence ments on the implementation of the printing in the Extensions of Remarks matters. Agreed Framework with North Korea. section of the CONGRESSIONAL RECORD SH–219 S–407, Capitol on Monday and Wednesday of each Commission on Security and Cooperation week. in Europe MARCH 17 Meetings scheduled for Tuesday, To hold hearings to examine free trade 9:30 a.m. unions with regard to the New Inde- March 14, 1995, may be found in the Environment and Public Works pendent States of the former Soviet To hold hearings on the Department of Daily Digest of today’s RECORD. Union. the Interior and the Department of De- 2105 Rayburn Building fense consultations concerning con- MEETINGS SCHEDULED 2:30 p.m. servation of endangered species at Ft. Indian Affairs Bragg, North Carolina. To hold hearings on S. 349, to authorize MARCH 15 SD–406 funds for the Navajo-Hopi Relocation 9:00 a.m. 10:00 a.m. Housing Program. Environment and Public Works SR–485 Judiciary Superfund, Waste Control, and Risk As- 3:00 p.m. To hold hearings on proposed legislation sessment Subcommittee Commerce, Science, and Transportation to reform the Federal regulatory proc- Business meeting, to mark up S. 534, to Oceans and Fisheries Subcommittee ess. provide flow control authority and au- To hold hearings on proposed legislation SD–226 thority for States to limit the inter- authorizing funds for fiscal year 1996 state transportation of municipal solid for the United States Coast Guard, De- MARCH 20 waste. partment of Transportation. 2:00 p.m. SD–406 SR–253 Foreign Relations 9:30 a.m. Business meeting, to consider S. Con. Appropriations MARCH 16 Res. 6, to express the sense of the Sen- Interior Subcommittee 9:30 a.m. ate concerning compliance by the Gov- To hold hearings on proposed budget es- Agriculture, Nutrition, and Forestry ernment of Mexico regarding certain timates for fiscal year 1996 for the To resume hearings on proposed legisla- loans, S. 384, to require a report on U.S. Smithsonian Institution. tion to strengthen and improve United support for Mexico during its debt cri- SD–116 States agricultural programs, focusing sis, S. Con. Res. 3, relating to Taiwan Armed Services on taxpayers’ stake in Federal farm and the United States, S. Con. Res. 4, Airland Forces Subcommittee policy. expressing the sense of Congress with To hold hearings on proposed legislation SR–332 respect to the North-South Korea authorizing funds for fiscal year 1996 Appropriations Agreed Framework, S. Con. Res. 9, ex- for the Department of Defense and the VA, HUD, and Independent Agencies Sub- pressing the sense of the Congress re- future years defense program, focusing committee garding a private visit by President on Army force modernization. To hold hearings on proposed budget es- Lee Teng-hui of the Republic of China SR–222 timates for fiscal year 1996 for the Fed- on Taiwan to the U.S., Treaty Doc. 103– Energy and Natural Resources eral Emergency Management Agency 25, with respect to restrictions on the Business meeting, to consider pending (FEMA). use of certain conventional weapons, calendar business. SD–138 and pending nominations. SD–366 Rules and Administration SD–419 Finance To hold hearings to examine Architect of Indian Affairs Business meeting, to mark up H.R. 831, the Capitol funding authority for new To hold oversight hearings on the impact to permanently extend the 25% deduc- projects. in Indian country of proposed SR–301 tion for the health insurance costs of recissions of fiscal year 1995 Indian pro- 10:00 a.m. self- employed individuals. gram funds and of proposals to consoli- Appropriations SD–215 date or block grant Federal programs Commerce, Justice, State, and Judiciary funds to the several states. Labor and Human Resources Subcommittee SR–485 To continue hearings to examine health To hold hearings on proposed budget es- care reform issues in a changing mar- timates for fiscal year 1996 for the Fed- ketplace. eral Bureau of Investigation and Drug MARCH 21 SD–430 Enforcement Agency, both of the De- 9:30 a.m. 10:00 a.m. partment of Justice. Agriculture, Nutrition, and Forestry Appropriations S–146, Capitol To hold hearings on the nomination of Agriculture, Rural Development, and Re- Appropriations Daniel Robert Glickman, of Kansas, to lated Agencies Subcommittee Transportation Subcommittee be Secretary of Agriculture. To hold hearings on proposed budget es- To hold hearings on proposed budget es- SD–G50 timates for fiscal year 1996 for farm timates for fiscal year 1996 for the Fed- Special on Aging and foreign agriculture services of the eral Highway Administration, Depart- To hold hearings to examine the scope of Department of Agriculture. ment of Transportation. health care fraud. SD–138 SD–192 SD–628 March 13, 1995 CONGRESSIONAL RECORD — Extensions of Remarks E 585 10:00 a.m. 3:00 p.m. Appropriations Energy and Natural Resources Appropriations Commerce, Justice, State, and Judiciary Energy Production and Regulation Sub- Labor, Health and Human Services, and Subcommittee committee Education Subcommittee To hold hearings on proposed budget es- To hold hearings on S. 92, to provide for To hold hearings on proposed budget es- timates for fiscal year 1996 for the Ju- the reconstitution of outstanding re- timates for fiscal year 1996 for the Na- diciary, Administrative Office of the payment obligations of the Adminis- tional Institutes of Health, Depart- Courts, and the Judicial Conference. trator of the Bonneville Power Admin- ment of Health and Human Services. S–146, Capitol istration for the appropriated capital SD–138 10:30 a.m. investments in the Federal Columbia Indian Affairs River Power System. MARCH 24 Business meeting, to consider pending SD–366 9:30 a.m. calendar business. Governmental Affairs Appropriations SR–485 Business meeting, to mark up proposed VA, HUD, and Independent Agencies Sub- legislation to reform the Federal regu- committee MARCH 30 latory process. To hold hearings on proposed budget es- 9:30 a.m. SD–342 timates for fiscal year 1996 for the De- Energy and Natural Resources Labor and Human Resources partment of Housing and Urban Devel- Forests and Public Land Management Sub- Aging Subcommittee To hold oversight hearings on the imple- opment. committee mentation of the Older Americans Act, SD–138 To hold hearings on S. 506, to reform focusing on Title III. Federal mining laws. SD–430 MARCH 27 SD–366 2:00 p.m. Rules and Administration MARCH 22 Appropriations To hold hearings to examine the future Treasury, Postal Service, General Govern- of the Smithsonian Institution. 9:30 a.m. SR–301 Appropriations ment Subcommittee To hold hearings on proposed budget es- Veterans’ Affairs Interior Subcommittee To hold joint hearings with the House To hold hearings on proposed budget es- timates for fiscal year 1996 for the Ex- ecutive Office of the President, and the Committee on Veterans Affairs to re- timates for fiscal year 1996 for the view the legislative recommendations United States Fish and Wildlife Serv- General Services Administration. of AMVETS, American Ex-Prisoners of ice, Department of the Interior. SD–138 War, Vietnam Veterans of America, SD–192 Blinded Veterans Association, and the Energy and Natural Resources MARCH 28 Military Order of the Purple Heart. To hold oversight hearings to review a 9:30 a.m. 345 Cannon Building report prepared for the committee on Appropriations 10:00 a.m. the clean-up of Hanford Nuclear Res- Interior Subcommittee Appropriations ervation. To hold hearings on proposed budget es- Transportation Subcommittee SD–366 timates for fiscal year 1996 for the Bu- To hold hearings on proposed budget es- 10:00 a.m. reau of Land Management, Department timates for fiscal year 1996 for the Fed- Appropriations of the Interior. eral Aviation Administration, Depart- Agriculture, Rural Development, and Re- SD–116 ment of Transportation. lated Agencies Subcommittee Governmental Affairs SD–192 To hold hearings on proposed budget es- Oversight of Government Management and timates for fiscal year 1996 for the Nat- the District of Columbia Subcommit- MARCH 31 ural Resources Conservation Service, tee Department of Agriculture. To hold oversight hearings to examine 9:30 a.m. SD–138 initiatives to reduce the cost of Penta- Agriculture, Nutrition, and Forestry 2:30 p.m. gon travel processing. To resume hearings on proposed legisla- Indian Affairs SD–342 tion to strengthen and improve United To hold hearings on S. 441, to authorize 10:00 a.m. States agricultural programs, focusing funds for certain programs under the Appropriations on agricultural credit. Indian Child Protection and Family Vi- Foreign Operations Subcommittee SR–332 olence Prevention Act. To hold hearings on proposed budget es- Appropriations SR–485 timates for fiscal year 1996 for foreign VA, HUD, and Independent Agencies Sub- assistance programs, focusing on Afri- committee MARCH 23 ca humanitarian and refugee issues. To hold hearings on proposed budget es- timates for fiscal year 1996 for the De- 9:30 a.m. SD–192 partment of Veterans Affairs, the Labor and Human Resources Court of Veteran’s Appeals, and Veter- Education, Arts and Humanities Sub- MARCH 29 ans Affairs Service Organizations. committee 9:30 a.m. SD–138 To hold oversight hearings on direct Energy and Natural Resources lending practices. Business meeting, to consider pending APRIL 3 SD–430 calendar business. 10:00 a.m. SD–366 2:00 p.m. Appropriations Special on Aging Appropriations Transportation Subcommittee To hold hearings to examine ways that Treasury, Postal Service, General Govern- To hold hearings on proposed budget es- individuals and families can better ment Subcommittee timates for fiscal year 1996 for the Fed- plan and pay for their long-term-care To hold hearings on proposed budget es- eral Railroad Administration, Depart- needs. timates for fiscal year 1996 for the In- ment of Transportation, and the Na- SD–628 ternal Revenue Service, Department of tional Passenger Railroad Corporation 10:00 a.m. the Treasury, and the Office of Person- (Amtrak). Appropriations nel Management. SD–192 Agriculture, Rural Development, and Re- SD–138 2:00 p.m. lated Agencies Subcommittee Appropriations To hold hearings on proposed budget es- APRIL 4 Treasury, Postal Service, General Govern- timates for fiscal year 1996 for the Food 9:30 a.m. ment Subcommittee Safety and Inspection Service, Animal Agriculture, Nutrition, and Forestry To hold hearings on proposed budget es- and Plant Health Inspection Service, To resume hearings on proposed legisla- timates for fiscal year 1996 for the Bu- Agricultural Marketing Service, and tion to strengthen and improve United reau of Alcohol, Tobacco and Firearms the Grain Inspection, Packers and States agricultural programs, focusing and the United States Customs Serv- Stockyards Administration, all of the on market effects of Federal farm pol- ice, Department of the Treasury. Department of Agriculture. icy. SD–192 SD–138 SR–332 E 586 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 1995 Appropriations APRIL 26 MAY 4 Interior Subcommittee 9:30 a.m. 10:00 a.m. To hold hearings on proposed budget es- Appropriations Appropriations timates for fiscal year 1996 for the Na- Interior Subcommittee Transportation Subcommittee tional Park Service, Department of the To hold hearings on proposed budget es- To hold hearings on proposed budget es- Interior. timates for fiscal year 1996 for energy SD–138 timates for fiscal year 1996 for the conservation. United States Coast Guard, Depart- SD–116 ment of Transportation. APRIL 5 10:00 a.m. SD–192 9:30 a.m. Appropriations Appropriations Agriculture, Rural Development, and Re- VA, HUD, and Independent Agencies Sub- lated Agencies Subcommittee MAY 5 committee To hold hearings on proposed budget es- 9:30 a.m. To hold hearings on proposed budget es- timates for fiscal year 1996 for the Food Appropriations timates for fiscal year 1996 for the Na- and Consumer Service, Department of VA, HUD, and Independent Agencies Sub- tional Aeronautics and Space Adminis- Agriculture. committee tration. SD–138 To hold hearings on proposed budget es- SD–192 Appropriations timates for fiscal year 1996 for Environ- Energy and Natural Resources Commerce, Justice, State, and Judiciary mental Protection Agency science pro- Forests and Public Land Management Sub- Subcommittee grams. committee To hold hearings on proposed budget es- SD–138 To hold oversight hearings on the U.S. timates for fiscal year 1996 for the Forest Service land management plan- Legal Services Corporation. MAY 11 ning process. S–146, Capitol SD–366 11:00 a.m. 10:00 a.m. Rules and Administration Appropriations Appropriations To resume hearings to examine the fu- Interior Subcommittee Interior Subcommittee ture of the Smithsonian Institution. To hold hearings on proposed budget es- To hold hearings on proposed budget es- SR–301 timates for fiscal year 1996 for fossil timates for fiscal year 1996 for the Bu- 10:00 a.m. energy, clean coal technology, Strate- reau of Indian Affairs, Department of Appropriations gic Petroleum Reserve, and the Naval the Interior. Agriculture, Rural Development, and Re- Petroleum Reserve. SD–116 lated Agencies Subcommittee SD–116 1:00 p.m. To hold hearings on proposed budget es- Appropriations timates for fiscal year 1996 for the Ag- APRIL 27 Interior Subcommittee ricultural Research Service, Coopera- 10:00 a.m. To hold hearings on proposed budget es- tive State Research, Education, and Appropriations timates for fiscal year 1996 for the In- Extension Service, Economic Research Transportation Subcommittee Service, and the National Agricultural dian Health Service, Department of To hold hearings on proposed budget es- Health and Human Services. Statistics Service, all of the Depart- timates for fiscal year 1996 for the Fed- ment of Agriculture. SD–116 eral Transit Administration, Depart- SD–138 ment of Transportation. Appropriations MAY 17 SD–192 Commerce, Justice, State, and Judiciary 9:30 a.m. Subcommittee MAY 2 Appropriations To hold hearings on proposed budget es- Interior Subcommittee 9:30 a.m. timates for fiscal year 1996 for the Im- To hold hearings on proposed budget es- Appropriations migration and Naturalization Service, timates for fiscal year 1996 for the De- and the Bureau of Prisons, both of the Interior Subcommittee partment of the Interior. Department of Justice. To hold hearings on proposed budget es- SD–192 S–146, Capitol timates for fiscal year 1996 for the For- 2:30 p.m. est Service of the Department of Agri- Indian Affairs culture. To hold oversight hearings on welfare re- SD–138 CANCELLATIONS form in Indian Country. SR–485 MAY 3 MARCH 16 9:30 a.m. 10:00 a.m. APRIL 6 Appropriations Judiciary 9:30 a.m. VA, HUD, and Independent Agencies Sub- Business meeting, to consider pending Appropriations committee calendar business. VA, HUD, and Independent Agencies Sub- To hold hearings on proposed budget es- SD–226 committee timates for fiscal year 1996 for the En- To hold hearings on proposed budget es- vironmental Protection Agency, the Council on Environmental Quality, and timates for fiscal year 1996 for the Fed- POSTPONEMENTS eral Emergency Management Agency. the Agency for Toxic Substances and SD–138 Disease Registry. 2:00 p.m. SD–192 MARCH 14 Appropriations 10:00 a.m. 9:30 a.m. Treasury, Postal Service, General Govern- Appropriations Appropriations ment Subcommittee Agriculture, Rural Development, and Re- Defense Subcommittee To hold hearings on proposed budget es- lated Agencies Subcommittee To hold hearings on proposed budget es- timates for fiscal year 1996 for the De- To hold hearings on proposed budget es- timates for fiscal year 1996 for the De- partment of the Treasury and the Of- timates for fiscal year 1996 for the De- partment of Defense. fice of Management and Budget. partment of Agriculture. SD–138 SD–116 SD–138 Monday, March 13, 1995 Daily Digest Senate ing unfunded Federal mandates on States and local Chamber Action governments; to strengthen the partnership between Routine Proceedings, pages S3823–S3852 the Federal Government and State, local and tribal Measures Introduced: Four bills were introduced, governments; to end the imposition, in the absence as follows: S. 542–545. Page S3842 of full consideration by Congress, of Federal man- dates on State, local, and tribal governments without Emergency Supplemental Appropriations/De- adequate funding, in a manner that may displace fense: Senate continued consideration of H.R. 889, other essential governmental priorities; and to ensure making emergency supplemental appropriations and that the Federal Government pays the costs incurred rescissions to preserve and enhance the military read- by those governments in complying with certain re- iness of the Department of Defense for the fiscal year quirements under Federal statutes and regulations, ending September 30, 1995, with certain excepted on Tuesday, March 14, 1995. Page S3851 committee amendments, and the following amend- ments proposed thereto: Pages S3831±40 Communications: Page S3842 Pending: Statements on Introduced Bills: Pages S3842±48 Bumpers Amendment No. 330, to restrict the ob- Notices of Hearings: Pages S3848±49 ligation or expenditure of funds on the NASA/Rus- sian Cooperative MIR program. Page S3831 Authority for Committees: Page S3849 Kassebaum Amendment No. 331 (to committee Additional Statements: Pages S3849±51 amendment beginning on page 1, line 3), to limit Recess: Senate convened at 12:30 p.m., and recessed funding of an Executive order that would prohibit at 5:14 p.m., until 11:30 a.m., on Tuesday, March Federal contractors from hiring permanent replace- 14, 1995. (For Senate’s program, see the remarks of ments for striking workers. Page S3831 the Acting Majority Leader in today’s RECORD on A unanimous-consent agreement was reached pro- page S3851.) viding that the first cloture vote on the Kassebaum Amendment No. 331, listed above, scheduled to occur at 5:30 p.m. today, be vitiated and resched- Committee Meetings uled to occur on Wednesday, March 15, at 10:30 (Committees not listed did not meet) a.m. Page S3825 A further unanimous-consent agreement was CONSUMER PRICE INDEX reached providing that the second cloture vote on Committee on Finance: Committee held hearings to ex- Kassebaum Amendment No. 331, listed above, amine the use of the Consumer Price Index as an in- scheduled to occur on Tuesday, March 14, be re- dicator of inflation and changes in the cost of living, scheduled to occur (if necessary) on Thursday, March receiving testimony from Alan Greenspan, Chairman, 16, at a time to be determined. Page S3825 Board of Governors of the Federal Reserve System; Senate will continue consideration of the bill on Katharine G. Abraham, Commissioner, Bureau of Tuesday, March 14, 1995. Labor Statistics, Department of Labor; June E. Unfunded Mandates/Conference Report—Agree- O’Neill, Director, Congressional Budget Office; and ment: A unanimous-consent time agreement was Robert J. Gordon, Northwestern University, Evans- reached providing for the consideration of the con- ton, Illinois. ference report on S. 1, to curb the practice of impos- Hearings were recessed subject to call.

D 337 D 338 CONGRESSIONAL RECORD — DAILY DIGEST March 13, 1995 House of Representatives The Subcommittee also held an oversight hearing Chamber Action on Opportunities for Cost Savings for the Depart- Bills Introduced: Seven public bills, H.R. ment of Veterans Affairs. Testimony was heard from 1214–1220, were introduced. Pages H3072±73 Jesse Brown, Secretary of Veterans Affairs. Reports Filed: One report was filed as follows: Con- f ference report on S. 1, to curb the practice of impos- ing unfunded Federal mandates on States and local COMMITTEE MEETINGS FOR governments; to strengthen the partnership between TUESDAY, MARCH 14, 1995 the Federal Government and State, local and tribal (Committee meetings are open unless otherwise indicated) governments; to end the imposition, in the absence of full consideration by Congress, of Federal man- Senate dates on State, local, and tribal governments without Committee on Agriculture, Nutrition, and Forestry, to re- adequate funding, in a manner that may displace sume hearings on proposed legislation to strengthen and other essential governmental priorities; and to ensure improve United States agricultural programs, focusing on that the Federal Government pays the costs incurred wetlands and farm policy, 9:30 a.m., SR–332. by those governments in complying with certain re- Committee on Appropriations, Subcommittee on Defense, quirements under Federal statutes and regulations to hold hearings on proposed budget estimates for fiscal (H. Rept. 104–76). Pages H3053±65, H3072 year 1996 for the Department of Defense, 9:30 a.m., SD–106. Speaker Pro Tempore: Read a letter from the Subcommittee on Energy and Water Development, to Speaker wherein he designates Representative Jones hold hearings on proposed budget estimates for fiscal year to act as Speaker pro tempore for today. Page H3051 1996 for the Department of Energy Office of Energy Re- Amendments Ordered Printed: Amendments or- search, 9:30 a.m., SD–192. dered printed pursuant to the rule appear on pages Subcommittee on Foreign Operations, to hold hearings H3073–86. on proposed budget estimates for fiscal year 1996 for for- eign assistance programs, focusing on trade, democracy, Quorum Calls—Votes: No quorum calls or votes and narcotics matters, 10 a.m., SD–116. developed during the proceedings of the House Committee on Armed Services, Subcommittee on Acquisi- today. tion and Technology, to hold hearings on the technology base programs in the Department of Defense, 2:30 p.m., Adjournment: Met at 2 p.m. and adjourned at 3:16 SR–222. p.m. Committee on Banking, Housing, and Urban Affairs, Housing Opportunity and Community Development and Committee Meetings HUD Oversight and Structure, to hold joint hearings to examine proposals to reorganize the Department of Hous- INTERIOR APPROPRIATIONS ing and Urban Development, 10 a.m., SD–538. Committee on Appropriations: Subcommittee on Interior Committee on Environment and Public Works, Drinking and Related Agencies held a hearing on Indian Pro- Water, Fisheries, and Wildlife, to resume hearings on S. grams. Testimony was heard from public witnesses. 503, to impose a moratorium on the listing of species as endangered or threatened and the designation of critical TRANSPORTATION APPROPRIATIONS habitat, 10 a.m., SD–406. Committee on Appropriations: Subcommittee on Trans- Committee on Finance, to resume hearings to examine portation, and Related Agencies held a hearing on welfare reform proposals, focusing on teen parents receiv- GAO: Coast Guard and Aviation Programs. Testi- ing welfare, 9:30 a.m., SD–215. mony was heard from Kenneth Mead, Director, Committee on Foreign Relations, to hold hearings on the nominations of Jacquelyn L. Williams-Bridgers, of Mary- Transportation Issues, Resources, Community, and land, to be Inspector General; Philip C. Wilcox, Jr., of Economic Development Division, GAO. Maryland, for the rank of Ambassador during his tenure OVERSIGHT of service as Coordinator for Counter Terrorism; and Ray L. Caldwell, of Virginia, for the rank of Ambassador dur- Committee on Government Reform and Oversight: Sub- ing his tenure of service as Deputy Assistant Secretary for committee on Human Resources and Intergovern- Burdensharing, all of the Department of State, 10 a.m., mental Relations held an oversight hearing on Op- SD–419. portunities for Cost Savings for the Department of Committee on Governmental Affairs, to hold hearings to Education. Testimony was heard from Richard W. examine nuclear non-proliferation issues, 10 a.m., Riley, Secretary of Education. SD–342. March 13, 1995 CONGRESSIONAL RECORD — DAILY DIGEST D 339

Committee on the Judiciary, to hold hearings to examine Executive Residence and National Security Council, 2 proposals to reduce illegal immigration and to control fi- p.m., B–307 Rayburn. nancial costs to taxpayers, 9 a.m., SD–226. Subcommittee on Veterans’ Affairs and Housing and Subcommittee on Administrative Oversight and the Urban Development, and Independent Agencies, on NSF, Courts, business meeting, to consider pending calendar 10 a.m. and 1:30 p.m., H–143 Capitol. business, 2 p.m., SD–138. Committee on Commerce, Subcommittee on Health and Committee on Labor and Human Resources, to hold hear- the Environment, hearing on Medicare Extenders in the ings to examine health care reform issues in a changing Administration’s Fiscal Year 1996 Budget, 3 p.m., 2322 marketplace, 10 a.m., SD–430. Rayburn. Committee on Government Reform and Oversight, Sub- NOTICE committee on Government Management, Information and Technology, hearing on the Federal Role in Privatization, For a listing of Senate Committee Meetings sched- 2 p.m., 2154 Rayburn. uled ahead see pages E584–86 in today’s RECORD. Committee on International Relations, Subcommittee on International Economic Policy and Trade, hearing on House Global Information Infrastructure: The Next Steps, U.S. Committee on Appropriations, Subcommittee on Agri- Industry Perspective, 2 p.m., 2172 Rayburn. culture, Rural Development, Food and Drug Administra- Committee on National Security, Subcommittee on Mili- tion, and Related Agencies, on Consolidated Farm Service tary Installations and Facilities, hearing on fiscal year Agency, 1 p.m., 2362A Rayburn. 1996 national defense authorization request, 10 a.m. and Subcommittee on Commerce, Justice, and State and the 2 p.m., 2212 Rayburn. Judiciary, and Related Agencies, on International Infor- Subcommittee on Military Personnel, to continue hear- mation, Cultural and Exchange Activities, 10 a.m., and ings on fiscal year 1996 national defense authorization re- on International Broadcasting Activities, 2 p.m., H–144 quest, 2 p.m., 2118 Rayburn. Capitol. Committee on Rules, to consider the following: H.R. Subcommittee on Energy and Water Development, on 1158, making emergency supplemental appropriations for Solar and Renewables, 10 a.m., and on Nuclear Fission, additional disaster assistance and making rescissions for Uranium Supply and Enrichment Activities, 2 p.m., the fiscal year ending September 30, 1995; and H.R. 2362B Rayburn. 1159, making supplemental appropriations and rescissions Subcommittee on Interior and Related Agencies, on for the fiscal year ending September 30, 1995, 10:30 Secretary of Energy, 10 a.m., and 1:30 p.m., B–308 Ray- a.m., H–313 Capitol. burn. Committee on Small Business, hearing to review the SBA Subcommittee on Labor, Health and Human Services, Microloan Program, 3 p.m., 2359 Rayburn. Education and Related Agencies, on Director, NIH, 10 Committee on Transportation and Infrastructure, Sub- a.m., and on National Institute of Allergy and Infectious committee on Surface Transportation, hearing on the re- Diseases and the National Institute of Environmental authorization of the Natural Gas and Hazardous Liquid Health Sciences, 2 p.m., 2358 Rayburn. Pipeline Safety Acts, 1 p.m., 2167 Rayburn. Subcommittee on National Security, on National Committee on Ways and Means, to mark up Contract Guard/Reserve Forces, 4:30 p.m., H–140 Capitol. With America Tax Relief Act of 1995, 10 a.m., 1100 Subcommittee on Transportation, and Related Agen- Longworth. cies, on FAA, 10 a.m., 2358 Rayburn. Permanent Select Committee on Intelligence, executive, hear- Subcommittee on Treasury, Postal Service, and General ing on Support to Military Operations, 2 p.m., H–405 Government, on White House Office, 10 a.m., and on Capitol. D 340 CONGRESSIONAL RECORD — DAILY DIGEST March 13, 1995

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11:30 a.m., Tuesday, March 14 12:30 p.m., Tuesday, March 14

Senate Chamber House Chamber Program for Tuesday: After recognition of three Sen- Program for Tuesday: Consideration of the following ators for speeches and the transaction of any morning eight Suspensions: business (not to extend beyond 12:30 p.m.), Senate will 1. H.R. 402, the Alaska Native Claims Settlement Act continue consideration of H.R. 889, Emergency Supple- Amendments; mental Appropriations/Defense, following which Senate 2. H.R. 421, the Cook Inlet Region Purchase of Com- will consider the conference report on S. 1, Unfunded mon Stock Act; Mandates. 3. H.R. 415, the Sea of Okhosk Fisheries Enforcement Act of 1995; (Senate will recess from 12:30 p.m. until 2:15 p.m., for re- 4. H.R. 531, the Great Western Scenic Trail Designa- spective party conferences.) tion Act; 5. H.R. 694, the Minor Boundary Adjustments and Miscellaneous Park Amendments Act; 6. H.R. 562, the Walnut Canyon National Monument Modification Act of 1995; 7. H.R. 536, the Delaware Water Gap Recreation Area Vehicle Operation Fees Act; and 8. H.R. 517, the Chacoan Outliners Protection Act of 1995.

Extensions of Remarks, as inserted in this issue

HOUSE Burton, Dan, Ind., E581 Hamilton, Lee H., Ind., E581 Meek, Carrie P., Fla., E582 Pallone, Frank, Jr., N.J., E582

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ The Congressional Record is available as an online database through GPO Access, a service of the U.S. Government Printing Office. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d Session (January 1994) forward. It is available on a Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. The annual subscription fee for a single workstation is $375. Six month subscriptions are available for $200 and one month of access can be purchased for $35. Discounts are available for multiple-workstation subscriptions. To subscribe, Internet users should telnet swais.access.gpo.gov and login as newuser (all lower case); no password is required. Dial in users should use communications software and modem to call (202) 512–1661 and login as swais (all lower case); no password is required; at the second login prompt, login as newuser (all lower case); no password is required. Follow the instructions on the screen to register for a subscription for the Congressional Record Online via GPO Access. For assistance, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262, or by calling (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $112.50 for six months, $225 per year, or purchased for $1.50 per issue, payable in advance; microfiche edition, $118 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Remit check or money order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington, D.C. 20402. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.